1. Conditions of usage of services:

1.1.   By using the services of Airtelecom you agree that:

1.1.1.      The username and password that you are using is your responsibility to keep confidential.

1.1.2.      In the event that your password is compromised it’s your responsibility to contact Airtelecom immediately in order to have your password changed.

1.1.3.      You as the holder of the username and password issued to you are responsible for all payments in respect of your account for services rendered to you irrespective whether you used the service or not.

1.1.4.      We will endeavor where possible to keep backups of any data sent or received through the use of an Airtelecom account however it is also your responsibility to keep personal backups of any data sent or received via your Airtelecom account.

1.1.5.      Airtelecom will at all times take the necessary actions to provide you with a safe and secure network.

1.1.6.      Airtelecom will ensure that we take the necessary steps to keep your payment and banking details safe and secure and will not share this information unless we have your prior consent.

1.1.7.      Airtelecom will ensure that we keep your personal details safe and secure at all times and we will not supply this information to anyone at any time without your prior consent.

1.2. By accepting these terms and conditions of Airtelecom you also agree to the acceptable usage policy of Airtelecom as set out from 1.2.1 to 1.2.10 below:

1.2.1.      Never engage in any abusive emails or spamming including forwarding unwanted emails to persons not familiar to you or that hasn’t given their consent for you to do so.

1.2.2.      Not to take any action to deceive or mislead any person by impersonating a person or entity or to disguise the origin of any data sent via the Airtelecom network.

1.2.3.      Not to use the service to transmit anything defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful, or which carries pornography, religious or racial slurs, threatens or encourages bodily harm, or which violates any person’s personal rights.

1.2.4.      Not to use the service to make fraudulent offers to sell or buy anything, or for any type of financial scam, chain letter or pyramid scheme.

1.2.5.      Not to use this service to in any way infringe the intellectual property right or any other rights of others including the transmitting or downloading of pirated software, movies, music etc.

1.2.6.      Not to use the services of Airtelecom to transmit any viruses or any destructive features whether or not damage is intended.

1.2.7.      Not to use the service to collect email addresses or attempt to collect personal information about third parties without their consent.

1.2.8.      Not to use the service to violate the privacy of Airtelecom and their users through hacking, password mining or any other means.

1.2.9.      Not to use the services of Airtelecom for any other unlawful practice other than stated above.

1.2.10.   The terms shaped or semi-shaped refers to the shaping or throttling of nonessential services like peer to peer, torrent and other large continuous downloads. This is to ensure stability of our network as well as provide all network users equal and fair access speed. Airtelecom will not shape or throttle any connection unless it is absolutely necessary or indicated as such a connection (shaped connection), but reserves the right to do so at any time when needed.

1.2.11. Home uncapped connections doing continuous downloads will be shaped accordingly. All non-essential protocols like torrent and P2P etc. traffic will always have the lowest priority on these connections. Airtelecom will not shape any connection that is being used for normal https browsing, email etc. Your connection will NEVER be capped and we do not employ limp modes with soft caps or other shaping except where continuous downloading is being done.

1.2.12. Business uncapped connections doing continuous downloads will be shaped accordingly. All non-essential protocols like torrent and P2P etc. traffic will always have the lowest priority on these connections. Airtelecom will not shape any connection that is being used for normal https browsing, email etc. Your connection will NEVER be capped and we do not employ limp modes with soft caps or other shaping except where continuous downloading is being done.

1.3.   Should you not adhere to the terms and conditions and the acceptable usage policy of Airtelecom, we will endeavor where possible to communicate this to you in writing in order to prevent this from recurring, however should you not adhere to our communication we reserve the right to:

1.3.1.      Suspend your service without further notice indefinitely or until the problem is solved.

1.3.2.      Disclose information relating to the offence as well as personal information as may be required under the circumstances.

1.4.   You acknowledge and agree that Airtelecom or any of the third party network providers may under the circumstances of the “Rica” act, be required to intercept, filter, read, delete, disclose and use communications sent or posted via the Airtelecom network or any of their third party network providers networks  and that Airtelecom or any of their third party network providers will not be liable to you for any losses, liabilities, damages or claims or any related costs and expenses suffered by you as a result of Airtelecom or any of their third party network providers performing any action mentioned in this clause.

2.      Intellectual Property Rights

2.1.   You agree to comply with all laws applicable to intellectual property rights in respect of any data files, and information accessed and stored by you through the use of the Airtelecom network.

3.      Indemnity

3.1.   You hereby unconditionally and irrevocably indemnify Airtelecom and agree to hold Airtelecom harmless against  losses, damages, claims, liabilities, arising, suffered, or incurred by Airtelecom or instituted by Airtelecom as a result of:

3.1.1.      Your negligent use of our services

3.1.2.      Your failure to comply with our terms and conditions

3.1.3.      Any unavailability of , or interruption in the services of Airtelecom

4.      Disclaimer

4.1.   The services we offer at Airtelecom are best effort services. We will endeavor to at all times provide our customers with the best possible service within our capabilities. We are however also dependent on external service providers such as Eskom and Telkom and can therefore not be held responsible for any loss of income or potential damages caused due to down time on any services provided by Airtelecom.

4.2.   Airtelecom will provide warranties and representation in accordance with their third party network providers as well as their hardware and software suppliers, however we cannot guarantee that our services will be uninterrupted, complete, timely and secure or error free at all times.

4.3.  Please note that the internet services Airtelecom provide are meant for normal everyday use by individuals who want to make use of the internet for the purposes it was originally created which is to be a source of information. Where applicable, should Airtelecom become aware of any individual not using the internet for these purposes, we reserve the right to take the necessary precautionary steps to ensure that all our other users who use the internet the way it was intended to be used, still receive the best possible experience.

5.      Payments

5.1  All internet services are charged on a prepaid basis in other words you pay for the internet you use in advance. All services are payable via debit order. Debit orders will be actioned on the 1st day of every month except where the 1st day is on a weekend or on a public holiday. In this case the debit order will be scheduled for the next business day. If a customer debit order instruction is unsuccessful the customer will be notified and we will request that the customer pay the full amount via electronic funds transfer within 24 hours to prevent their account from being suspended. If a debit order instruction is unsuccessful for a second time and every time thereafter, a 10% transaction penalty fee will be charged to the customer account. All electronic payments where agreed upon between Airtelecom and the customer will be payable on or before the 7th of the billing month unless otherwise stated. Subscription fees are non refundable.

5.2  In the case of late or non payments we will endeavor to contact the customer and request for payment to be submitted. Should the customer refuse to submit payment accordingly or in the case where we are unable to reach the customer, we will submit the customer info to Accountability for collection. Accountability will send a written communication to the customer requesting that payment should be submitted within 20 working days. In the event that the full payment isn’t received within 20 working days the customer will be reported to TransUnion Credit Bureau as defaulter and this listing will remain in place until full payment is received.

5.3  The cap you purchase at any time whether monthly or by way of top up becomes yours to use at any time and cannot be credited or refunded for any reason. In the case of wireless internet your cap accumulates and remains yours until you have used it. Your cap also rolls over from month to month and never expires.

6.      General

6.1. Airtelecom reserves the right to amend these terms and conditions from time to time. By using our services you accept these terms and conditions. It’s your responsibility to review these terms and conditions regularly.

6.2. Should any of the parties decide to terminate the service for any reason whether mentioned herein or not this will only be deemed acceptable if the following is adhered to:

6.2.1.  At least one calendar month’s notice is given

6.3. Airtelecom reserves the right to amend prices from time to time however we will endeavor to inform our customers timeously of any price changes that we may action.

6.4 The business hours of Airtelecom are Monday to Friday 8:00 to 17:00. Should you require assistance after hours you are welcome to contact us as per our contact details and a representative will assist you as soon as humanly possible.

6.5 Any complaints can be lodged at complaints@airtelecom.co.za as we would need this in writing in order to keep track of service delivery and to assure we give proper feedback and resolution. Do not hesitate to contact us in this regard or feel free to make contact with Wapa (www.wapa.org.za)