Code Of Conduct

COC

Code of Conduct

INTRODUCTION

1. In order to provide electronic communications services to its subscribers, Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg t/a Wi-5 Waterberg, operates in terms of Wi5 Thaba’s IECNS and IECS licences issued by the Independent Communications Authority of South Africa (ICASA).
2. ICASA requires that all licence-holders comply with, inter alia, the:
2.1. ICASA Code of Conduct Regulations 2008, which set out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
2.2. ICASA End-User and Subscriber Service Charter Regulations 2016, which set out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
3. A Code of Conduct was developed in line with these regulations and will strive to follow these in its interactions with its consumers. This Code of Conduct applies to Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg and operates in terms of its licences.
4. The ICASA Code of Conduct Regulations 2008 are available here.
5. The ICASA End User and Subscriber Service Charter Regulations are available here.
DEFINITIONS
6. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
7. “Business Hours” means 08h00–17h00 on business days.
8. “Client” means a subscriber or potential subscriber of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg.
MAIN PLEDGES
9. Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg makes the following pledges and will strive to:
9.1. Treat clients with utmost courtesy and care;
9.2. Not discriminate against or between clients on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
9.3. Act in a fair, rational and responsible manner in all dealings with clients;
9.4. Provide clients with up-to-date information regarding services and pricing;
9.5. Assist clients with advice regarding their service needs when needed;
9.6. Guarantee that all the products and services meet the conditions as contained in Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s licences and all the applicable laws and regulations;
9.7. Keep clients’ personal information confidential unless Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg is:
• Authorised in writing by the client to do so;
• Required to release such information for the purpose of briefing Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s auditors, professional advisors or an accredited debt collection agency; and/or
• Requested or authorised by any law or an Order of Court;
CONSUMER RIGHTS
10. Clients have the right to refer complaints to ICASA as more fully set out in the Procedure for Complaints.
11. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by Consumers:
11.1. A right to be provided with the required service without unfair discrimination;
11.2. A right to choose the service provider of the client’s choice;
11.3. A right to receive information in the client’s preferred language (Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg will do its best to meet this request where reasonable);
11.4. A right to access and query records held by Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg, relating to the client’s relationship with Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg;
11.5. A right to the protection of the client’s personal data, including the right not to have personal data sold to third parties without the client’s direct consent;
11.6. A right to port a number in terms of applicable regulations;
11.7. A right to lodge a complaint; and
11.8. A right to redress.
INFORMATION AVAILABILITY
12. The following information can be obtained from Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg by emailing the request to hi@wi5thaba.co.za (free of charge):
12.1. Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s range of services and products on offer;
12.2. Tariff rates related to each service offered;
12.3. Terms and conditions applicable to the services or products;
12.4. Payment terms;
12.5. Billing, billing processes and the Billing Disputes Procedure;
12.6. General Complaints Procedure, and
12.7. Relevant contact details.
BILLING
13. An itemised bill or invoice will be provided to the client on request, or where this is specified as part of the services provided to the client.
14. Billing terms are also set out on Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s invoices.
DEFECTIVE ITEMS
15. In case of a defective product, the issue will be investigated by Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg, and the product replaced in accordance with the manufacturer’s warranty for that specific product.
TERMS AND CONDITIONS OF SERVICE
16. Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg will provide the client with an electronic copy of the written terms and conditions after the installation is done, or as soon as is reasonably possible thereafter, in a maximum of seven (7) Business Days.
17. These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination.
18. Where changes on Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s terms and conditions of the service may apply, clients will be informed of such changes within a fair and reasonable period.
MINIMUM SERVICE STANDARDS
19. Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg will, subject to events and conduct beyond its reasonable control:
19.1. Supply clients with a minimum of 95% network service availability measured over six (6) months;
19.2. Supply clients with a minimum of 95% service availability measured over six (6) months;
19.3. Achieve a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days of request, while meeting the balance of requests within forty (40) Business Days of request;
19.4. Provide full reasons to the client where Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;
19.5. Achieve a 90% success rate within seven (7) Business Days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) Business Days of request, provided that the applicant is within Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg’s specific coverage area;
19.6. Provide the client with full details where Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request;
19.7. Maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;
19.8. Monitor the network 24 hours a day, 7 days a week, 365 days a year.
20. Clients acknowledge that Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg is directly dependent on network and other services provided by third parties in providing a service and meeting the standards set out above, and that Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
CONTRACTUAL TERMS AND CONDITIONS
21. The Terms and Conditions are set out as follows:
21.1 This application is subject to Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg ’s Terms & Conditions available on our website and Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg reserves the right to do a credit check on the applicants.
21.2 All prices are subject to change. Installation cost must be paid on invoice.
21.3 The contract will be on a month-to-month basis
21.4 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg reserves the right to terminate this agreement and any service provision to a customer should there be a breach of these Terms of Use, but undertakes to act reasonably in doing so.
21.5 This service may be cancelled by the client by giving Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg one (1) calendar month’s written notice. During the cancellation period, clients will not be able to downgrade their packages. This contract will remain in place until cancelled by either party.
21.6 All new equipment, excluding power supplies, carry a one-year manufactures guarantee. Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg recommends a UPS to be used on all computer equipment as well as on the Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg radio equipment. Any maintenance outside the manufacturers guarantee is for the customer’s account.
21.7 The client premises equipment (CPE) remains the responsibility of the client and needs to be insured by the client.
21.8 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg will not be liable for the maintenance of any of the client’s hardware and/or software, unless agreed to by both parties and a quoted labour price is accepted thereof.
21.9 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg prohibits the use of peer-to-peer (P2P) software. Failing to comply with this requirement will lead to being permanently removed from network.
21.10 Illegal use of any networking software to bypass the standard Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg configuration and regulation is strictly forbidden and is a criminal offence which will be prosecuted.
21.11 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg accepts no responsibility for network downtime or loss of any materials downloaded (eBooks, audio, video, pictures and software) using our network. Such materials may be copyrighted and use thereof without the copyright holder’s consent is illegal.
21.12 Clients must that their antivirus protection software is up to date.
21.13 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg does not take any responsibility for damages to any property or equipment during the installation or maintenance of equipment on your premises.
21.14 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg will supply a reliable and secure best effort service to subscribers of the network.
21.15 Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg accepts no liability for any loss of data or damage suffered by subscribers by the use of subscribers’ authentication credentials.
21.16 The customer indemnifies Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg in respect of any damages, loss or costs or claims instituted against Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg arising from any application or subscription to or use of the service or breach of the terms and conditions applicable to it.
21.17 All equipment remains property of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg until fully paid for.
21.18 When making use of the equipment of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg, it is the client’s responsibility to ensure that the equipment is protected against any thunder and lightning. Should there be lightning damages to the property of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg, the client will be liable for the equipment fees.
21.19 It will be stated clearly when a client is making use of the equipment of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg on the initial quotation. The equipment will be free-to-use without a monthly rental fee for the duration of the service time, unless otherwise stated. No buyback option will be offered should the contract be terminated for the equipment of Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg. Should the client fail to return the equipment after the contract has been ended, the client will be held liable to pay the full installation fee of R2350, or criminal charges may be laid.
21.20 Payments are due on or before the 7th of each month. Failure to do so will result in automated disconnection and a reconnection fee will apply.
21.21 Wi5 Thaba (PTY) LTD t/a Wi-5 Wireless Waterberg is not responsible for the client’s internal network. Our responsibility ends at the CPE on the client’s roof.
21.22 The Subscriber may not cede, sub-let, sell or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained using the service. No reselling of the service is allowed by the subscriber.
21.23 The customer is responsible for any collection fees, should his/her account be in arrears and handed over for collection.
21.24 The Subscriber hereby agrees to not use or allow the services to be used for any improper, immoral or unlawful purpose, nor to impair or interrupt the service, and will comply with all the relevant legislation and regulations, and all instructions issued by any governmental authority or by the global network operator(s) and/or wireless service operators, regarding the use of the service.