LEGAL INFORMATION

WIBERSOLUTIONS (PTY) LTD

Registration Number: 2015/254257/07

TERMS AND CONDITIONS

  1. INTERPRETATION
    1. In the Terms and Conditions clause headings are inserted for convenience and are not to be used for the purpose of interpretation.
    2. Unless the context indicates a contrary intention, an expression that denotes:
      1. Any gender includes the other gender.
      2. A natural person includes a juristic person and vice versa.
      3. The singular includes the plural and vice versa.
      4. Where figures are referred to in numerals and in words, and a conflict appears between the two, the words shall prevail.
      5. Where a number of days are prescribed herein same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or Public Holiday, in which case, the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday.
    3. In the Terms and Conditions, unless the context stipulates otherwise, the following words and expressions shall have the meanings assigned to them hereunder:
      1. “the Act” shall mean the Electronic Communications Act 36 of 2005, as amended from time to time, and any regulations promulgated in accordance therewith, as may be amended or replaced from time to time.
      2. “Service Agreement” shall mean the agreement concluded between Wibersolutions and the Customer in terms of which Wibersolutions provides certain services as specified therein to the Customer.
      3. “Business Day” shall mean any day excluding Saturday, Sunday, and a public holiday in the Republic of South Africa.
      4. “Business Hours” shall mean Mondays to Fridays 08H00 to 17H00 excluding Public Holidays.
      5. “the Customer” shall mean the person to whom Wibersolutions renders the Services in terms of the Service Agreement concluded between such person and Wibersolutions, alternatively, any person to which Wibersolutions provides the Services.
      6. “CPE” shall mean the Customer Premises Equipment installed at the Premises in order to enable Wibersolutions to provide the Services, including the wireless antenna and cabling terminating at the POE injector and excluding the router.
      7. “EFT” shall mean Electronic Funds Transfer.
      8. “Force Majeure” shall mean some intervening event which is beyond the control of the Parties and which shall prevent either of the Parties from performing its obligations in terms of the Service Agreement and/or the Terms and Conditions, further detailed in clause 10.1.1 of this document.
      9. “FTTH” shall mean fibre to the home network.
      10. “install/installation” shall mean the physical act of delivering the CPE to the Premises and installing same so that it can be utilised as intended by the Parties, including the costs of labour and other resources required to do so.
      11. “ONU” shall mean the Optical Network Termination Unit.
      12. “the Parties” shall mean Wibersolutions and the Customer and “Party” shall mean either one of them as the context may dictate.
      13. “POE” shall mean Power Over Ethernet power supply.
      14. “the Premises” shall mean the physical location at which the Services are required in terms of the Service Agreement.
      15. “Primary Router” shall mean the router connected directly to the CPE or ONU.
      16. “Service/Services” shall generally mean the electronic communication services and internet access provided by Wibersolutions to the Customer, which may be specified in greater detail in the Service Agreement.
      17. “Service Period” shall mean the period specified in the Service Agreement.
      18. “Site Inspection” shall mean an inspection by Wibersolutions of the Premises at which its Services are required in terms of the Customer’s application.
      19. “Terms and Conditions” shall mean this document.
      20. “VAT” shall mean Value Added Tax.
      21. “Wibersolutions” shall mean Wibersolutions (Pty) Ltd or any of its employees, authorised representatives, or any other entity to which Wibersolutions may assign, cede or delegate any of its rights and/or obligations; and
      22. “WIFI” shall mean a facility allowing computers, smartphones, or other devices to connect to the Internet or communicate with one another wirelessly within a particular area.
  2. INTRODUCTION OF SERVICE
    1. These Terms and Conditions apply to all Services provided by Wibersolutions and in using the Services the Customer agrees to be bound by these Terms and Conditions.
    2. The Terms and Conditions, together with the Service Agreement form the contract between Wibersolutions and the Customer. If the Parties enter into or agree to annexures to any of these aforementioned documents, such annexures and amendments will also form part of the contract.
    3. In the event that there is a conflict between any of the abovementioned documents forming the contract between the Parties, then such documents shall be interpreted in descending order of precedence as follows:
      • the Terms and Conditions,
      • the Service Agreement,
      • and any annexures thereto, unless otherwise expressly stated in writing and signed by Wibersolutions and the Customer.
    4. The Terms and Conditions may be updated from time to time, without notice to the Customer, and it is the Customer’s responsibility to revisit the Terms and Conditions from time to time.
  3. INSTALLATION
    1. A Site Inspection is required before an installation fee can be quoted.
    2. The installation fee includes labour and consumables. All hardware provided by Wibersolutions remains the property of Wibersolutions and is provided on a free-to-use whilst the Customer uses our services. Any additional work, routers, extenders, etc. are additional and not included in the basic installation fee.
    3. Wibersolutions will only schedule an installation once the Customer has:
      • completed and signed a month-to-month agreement and paid the installation fee as quoted, alternatively.
      • completed and signed a 24 (twenty-four) month fixed term Service Agreement, together with the requisite debit order. Once this has been done Wibersolutions shall waiver the installation fee provided the Customer does not cancel before the expiry of the 24 (twenty-four) month period
    4. In order to install the CPE Wibersolutions requires:
      • a clean, dry, and dust-free area in which to do so;
      • a router, which is either to be provided by the Customer or purchased from Wibersolutions at an additional cost to the Services and to the Installation Fee; and
      • a dedicated wall plug point that is within 1 (one) meter from where the router is to be situated
    5. The Customer shall pay the Installation Fee upon the presentation of the relevant tax invoice prior to installation.
    6. Wibersolutions shall not afford the Customer any discount on the installation fee as a result of the Customer supplying his/her/its own CPE.
    7. Wibersolutions shall not refund the Customer’s installation fee for any reason whatsoever once the installation has taken place.
    8. If the Customer cancels before the end of the Service Period the value of the Installation Fee, as specified, and the router/handset (if supplied free), immediately become due and payable. The dish/antenna/fibre ONT box and/or Customer Premises Equipment (CPE) required for a Wibersolutions network connection, remains the property of Wibersolutions at all times and will be collected by arrangement when the Customer cancels. Failure to allow/arrange the collection of Wibersolutions equipment will result in an additional cost based on the replacement value of the said equipment. The commencement date of the Agreement is the date when the installation occurs.
  4. SECURITY & PRIVACY
    1. Wibersolutions reserves the right to intercept and monitor all usage and flow of communication through the Services provided and take any action required to ensure that the security and reliability of its network are not compromised.
    2. The Customer is solely responsible for the protection of his/her/its data on any personal computing devices including computers, laptops, tablets, and smartphones when using the Wibersolutions Service. Wibersolutions cannot be held responsible for any breach of security that occurs on the Customer’s devices.
    3. The Customer may not use the Service provided by Wibersolutions for any illegal or unlawful activity
    4. If the Customer is found to engage in any of the above actions, Wibersolutions reserves the right, without prejudice to any other rights, without notice and with immediate effect, to suspend or terminate the Service and/or Service Agreement without refunding any payment made for any Service not yet received, as any such action is deemed a breach of contract.
    5. At Wibersolutions, we strive to keep the service running at all times however the Customer indemnifies Wibersolutions from any losses resulting from unavailability or interruption of the service for any reason. Our internet services are all uncapped, unshaped, and unlimited unless stipulated otherwise. Wibersolutions reserves the right to monitor internet traffic and take any actions necessary to ensure the integrity, security, and reliability of its network. The Customer is responsible for their own data and hardware/devices in every way. The Customer is not to conduct illegal/unlawful activity on the network or circumvent any network security. The Customer will be held responsible for such actions and any damages caused to Wibersolutions by such activity. Wibersolutions reserves the right to terminate the Customer’s Service with no notice or refund if these Terms & Conditions are not complied with.
  5. DURATION & TERMINATION
    1. A month-to-month Service Agreement shall endure indefinitely, terminable by either Party on 1 (one) month’s written notice to the other Party, or by another means recognised by law, at no penalty fee.
    2. Subject to the provisions of the Consumer Protection Act 68 of 2008, where applicable, should the Customer wish to terminate a 24 (twenty-four) month fixed term Service Agreement earlier than the full term thereof, the Customer shall be entitled to do so provided that he/she/it gives no less than 30 (thirty) days written notice, and such termination shall be subject to repayment of the installation fee and the router to be returned to Wibersolutions in as new condition.
    3. Notices of termination as described above shall only be accepted by Wibersolutions if such notices are sent via email to cancellations@wibersolutions.co.za
    4. In the event that a Customer is abusive to any employee of Wibersolutions, Wibersolutions reserves the right to terminate the services being supplied to the Customer.
  6. UPGRADE & DOWNGRADE
    The following is applicable to wireless services only:

    1. WIRELESS:
      1. A Customer will be entitled to 1 (one) free Upgrade or Downgrade per month (or Suspension and Reconnection). For any request for additional adjustments during the same month, the Customer will have to pay R300.00 per request.
      2. Reconnections will be done for a minimum period of 7 (seven) days.
      3. A period of 30 (thirty) days’ notice is required for each Upgrade/Downgrade/Suspension and Reconnection.
      4. The Customer may “upgrade” or “downgrade” the Services provided in terms of the Service Agreement at any time by forwarding a written request in this regard to accounts@wibersolutions.co.za, which request will be given effect within 14 (fourteen) days from receipt of the written request.
      5. The Customer shall be charged for the “upgraded” Services pro rata, from the date upon which the upgraded Services are provided by Wibersolutions until the 1st of the following month, then charged at the relevant package price.
      6. In the event that the Services provided to the Customer are “downgraded” as provided for in the clauses above, Wibersolutions shall credit the Customer’s account accordingly.
      7. Notwithstanding the above, Wibersolutions shall only refund the Customer if the Customer’s account has a credit balance, regardless of the basis on which the refund is due to the Customer. A refund will only be made on cancellation.
    2. FIBRE:
      1. A period of 30 (thirty) days’ notice is required for each Upgrade/Downgrade/Suspension and Reconnection.
      2. The Customer may “upgrade” or “downgrade” the Services provided in terms of the Service Agreement at any time by forwarding a written request in this regard to accounts@wibersolutions.co.za, which request will be given effect within 14 (fourteen) days from receipt of the written request.
      3. The Customer shall be charged for the “upgraded” Services pro rata, from the date upon which the upgraded Services are provided by Wibersolutions until the 1st of the following month, then charged at the relevant package price.
  7. OWNERSHIP & RISK
    1. The CPE, and specifically any ONU units, installed at the Premises, shall remain the sole exclusive property of Wibersolutions at all times, unless the Service Agreement specifically stipulates otherwise and, subject to the terms of the Service Agreement, Wibersolutions shall be entitled to remove the CPE, upon the termination of the Service Agreement on 1 (one) Days’ notice to the Customer.
    2. Notwithstanding the provisions of the above, risk in and to the use of the CPE shall pass to the Customer upon installation of the CPE at the Premises and the Customer shall be liable to Wibersolutions for any damages to or loss of the CPE or ONU installed at the Premises, regardless of the cause of any such damage or loss.
    3. In the event that any CPE is lost, stolen, or destroyed, the Customer must immediately notify Wibersolutions and any police official at any police station, in writing, that the CPE has been lost, stolen, or destroyed (if applicable).
    4. The Customer shall ensure that the CPE at the Premises is adequately insured with such insurance company/companies as the Customer may select.
  8. PAYMENT
    1. The Customer shall be charged for the Services pro rata from the date of installation of the CPE until the end of the Cancellation period.
    2. The Customer shall be charged monthly in advance for the Services to be provided.
    3. Wibersolutions shall provide the Customer with a tax invoice in respect of the monthly Services to be rendered in the succeeding month, on or before the 20th (twentieth) day of each and every month, and payment of such tax invoice shall be due and payable on or before the due date.
    4. The Customer shall make payment by way of EFT or by way of a debit order.
    5. It is the Customer’s responsibility to ensure that the correct payment reference is used when making any payments by way of EFT.
    6. Wibersolutions reserves the right to suspend or terminate the Services should the Customer fail to make payment of any amount owing within 7 (seven) days of the due date.
    7. In the event that the Customer’s debit order is not paid, Wibersolutions reserves the right to resubmit the debit order at any time and further reserves the right to add any outstanding balance to any subsequent amounts charged and to suspend the services.
    8. Wibersolutions reserves the right to charge an administration fee of R185.00 (one hundred and eighty-five rand), plus VAT, for each debit order that is returned unpaid.
    9. All prices charged by Wibersolutions shall be subject to an annual increase.
    10. Wibersolutions is a registered VAT vendor in terms of Section 1 of the Value-Added Tax (VAT) Act No. 89 of 1991 and accordingly all prices charged by Wibersolutions shall be subject to the prevailing rate for VAT.
    11. Monthly service options require pre-payment of the Installation Fee and router/handset.
    12. The Customer will have to pay Wibersolutions the relevant charges applicable for Relocation/Cancellation/Upgrades/Downgrades and Callouts.
    13. In the event that the open access providers change their packages and/or prices, such changes shall be applicable to Wibersolutions customers.
    14. If a Customer’s debit order bounces (rejected due to no funds available) or if a Customer does not pay their account on the due date, this will be considered a breach of the Service Agreement and will be disconnected within 7 (seven) days from the due date.
    15. If the debit order payment falls on a Sunday or public holiday, the payment day will automatically be the next business day.
    16. Clients on a wireless service will be permitted 1 (one) free relocation in a 12 (twelve) month period. Each additional relocation in a 12 (twelve) month period will be charged at R1000.00 (one thousand rand)
  9. NO GUARANTEES OR WARRANTIES
    1. Wibersolutions shall endeavour to ensure that the CPE is installed in accordance with ICASA regulatory standards and capable of supporting the provision of the Services and that the Services are available to the Customer at all times.
    2. Notwithstanding the above, Wibersolutions makes no warranties or guarantees, express or implied or otherwise, in respect of the installation of the CPE and the provision of the Services.
  10. WIFI
    1. It is specifically recorded that Wibersolutions does not guarantee internet wireless coverage to the Customer’s Premises prior to Line of Site assessment.
    2. Wibersolutions is responsible for the internet line speed terminating at the Primary Router only.
    3. Wibersolutions shall only conduct and accept the results of speed tests that are carried out using www.speedtest.net together with the use of a Network cable connected to the Customer’s Primary Router.
  11. LIMITATION OF LIABILITY & INDEMNITY
    1. Wibersolutions shall not incur any liability for any loss or damage as a result of, or arising out of the installation of the CPE or the provision of Services that occurs as a result of:
      1. Force Majeure;
        1. means an exceptional event or circumstance:
        2. which is beyond a Party’s control,
        3. which such Party could not reasonably have provided against before entering into the Service Agreement.
        4. which, having arisen, such Party could not reasonably have avoided or overcome, and
        5. which is not substantially attributable to the other Party
        6. any factor beyond the reasonable control of Wibersolutions; or
        7. any other cause whatsoever, unless such cause is a direct result of the gross negligence of Wibersolutions.
    2. The Customer indemnifies Wibersolutions from any claim or action that may be brought by any person as a result of or arising out of the installation of the CPE and/or the provision of Services.
    3. Wibersolutions shall not be liable to the Customer for loss of profit, loss of contract, or for any indirect or consequential loss or damage which may be suffered by the Customer.
  12. EQUIPMENT SUPPLIED BY WIBERSOLUTIONS
    1. All equipment supplied by Wibersolutions has a 12 (twelve) month warranty from date of invoice.
    2. This warranty will apply provided the equipment has been used / operated in the environment that it is intended for.
    3. In the event of damage being incurred as a result of the Customer damaging / misusing the equipment, the warranty will not apply.
  13. DOMICILIA & NOTICES
    1. Wibersolutions’ domicilia citandi et executandi shall be as stipulated in the Service Agreement.
    2. The Customer’s domicilia citandi et executandi shall be as stipulated in the Service Agreement.
    3. The abovementioned domicilia citandi et executandi of either Party may be changed by written notice from such Party to the other Party with effect 5 (five) business days after the date of receipt or deemed receipt by the latter of such notice.
    4. Any notice, demand or other communication properly addressed by either Party to the other Party at the latter’s domicilium in terms hereof for the time being and sent by email or courier shall be deemed to be received by the latter on the 5th (fifth) business day following the date of receipt thereof.
    5. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or service to that Party notwithstanding that the notice or communication was not sent to or delivered at that Party’s chosen address or domicilium citandi et executandi referred to in clauses 12.1 and 12.2 above.
  14. BREACH
    1. The following conduct will constitute a breach of contract by the Customer;
      1. Using the internet service for any illegal activities;
      2. By-passing any authentication methods and/or speed or data limitation methods used by Wibersolutions;
      3. Accessing or attempting to access any part of Wibersolutions network infrastructure; and
      4. Failing to make payment for the provision of services within the stipulated time frame.
    2. Where the Customer is in breach of contract, Wibersolutions shall be entitled to cancel any Service Agreement with the Customer should the Customer fail to rectify such breach within 7 (seven) days’ notice of such breach.
  15. GENERAL
    1. Whole Service Agreement.
      1. The Service Agreement and the Terms and Conditions contain all the provisions agreed on by the Parties with regard to the subject matter of the Service Agreement and supersedes and novates in its entirety any previous understandings or agreements among the Parties in respect thereof, and the Parties waive the right to rely on any alleged provision not expressly contained in the Service Agreement and the Terms and Conditions.
    2. Non-variation.
      1. No contract varying, adding to, deleting from or cancelling the Service Agreement and the Terms and Conditions, and no waiver of any right under the Service Agreement and the Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
    3. No Indulgence
      1. No indulgence granted by any Party to any other Party shall constitute a waiver of any of that Party’s rights under the Service Agreement and the Terms and Conditions; accordingly, that Party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other Party or Parties which may have arisen in the past or which may arise in the future.
    4. Jurisdiction
      1. The Parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) for any proceedings arising out of or in connection with the Service Agreement and the Terms and Conditions.
    5. Severability
      1. Each provision of the Terms and Conditions is severable from the others and no severance and/or determination that any provision of the Service Agreement and the Terms and Conditions is invalid or unenforceable shall affect the validity of any other provision.
    6. Applicable Law and Jurisdiction
      1. The Service Agreement and the Terms and Conditions shall be governed by and interpreted in accordance with, the laws of the Republic of South Africa.

END OF TERMS AND CONDITIONS

Who we are

Owner information & required disclosures under section 43 of the ECT Act.

Website owner: Wibersolutions (Pty) Ltd

Registered Number: 2015/254257/07

Licensing: 0808/CECNS/MAR/2017, 0808/CECS/MAR/2017

Directors: Russell Purdon


Wibersolutions Headquarters:
Unit 3, Southern Cross Village, Capricorn Park, Muizenberg, Cape Town, 7945

Head Office:
Hours: 8 am – 5 pm
Office: +27 21 276 0400
Email: info@wibersolutions.co.za
Our website address is: https://www.wibernet.co.za.

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WIBERSOLUTIONS (PTY) LTD

COMPLAINTS PROCEDURES

Introduction

  1. In order to provide electronic communications services to its subscribers, Wibersolutions (Pty) Ltd (“Wibersolutions”) holds licences issued by the Independent Communications Authority of South Africa (“ICASA”).
  2. ICASA requires that all licence-holders develop and publish its procedures for handling Complaints and Billing Disputes, in order to comply with the requirements:
    • The ICASA Code of Conduct Regulations 2007, which are available here; and
    • The ICASA End-User and Subscriber Service Charter Regulations 2016, as amended, are available here.
  3. Wibersolutions has developed this document in line with these Regulations and will follow the procedures set out below in dealing with Complaints and Billing Disputes (as defined herein) with its Customers.

Definitions

  1. “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.
  2. “Billing Dispute Notice” means a formal, written notice submitted to Wibersolutions by the Customer in terms of this Procedure.
  3. “Billing Disputes Procedure” means the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.
  4. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Wibersolutions including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.
  5. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  6. “Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.
  7. “Customer” means a Wibersolutions subscriber or potential Customer.

General Complaints Procedure

  1. This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
  2. The Customer is required to direct a formal Complaint to complaints@wibersolutions.co.za.
  3. The Complaint is required to be accompanied by the following:
    • The Customer’s full particulars and contact details;
    • The Customer’s relationship with Wibersolutions, together with any Customer reference numbers or details which may be applicable;
    • A statement of the reasons for the Complaint, with enough detail to allow Wibersolutions to assess these; and
    • Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.
  4. Following the ICASA Code of Conduct Regulations, Wibersolutions will:
    • Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and
    • Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.

Billing Disputes Procedure
General

  1. Billing Enquiries should be directed to complaints@wibersolutions.co.za, and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.
  2. The Customer expressly acknowledges and agrees that:
    • o Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Wibersolutions by the due date of that invoice;
    • o An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);
    • o The Billing Disputes Procedure is only triggered when Wibersolutions receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clauses 17; and
    • o Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to complaints@wibersolutions.co.za. Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to complaints@wibersolutions.co.za.
  3. Please note that Wibersolutions will not entertain any Billing Dispute based on the unauthorised use of the services or on the unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

Customer Acknowledgements

  1. The Customer expressly agrees to allow Wibersolutions to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Wibersolutions requires and the Customer expressly agrees that Wibersolutions will be the first option in Billing Disputes. Should Wibersolutions receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on behalf of the Customer before Wibersolutions has been given a chance to resolve the Billing Dispute, then Wibersolutions has the right to collect on the rendered services and any fees associated with those charges.
  2. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Wibersolutions still retains the right to collect any rendered services or fees that are due. Should Wibersolutions be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Wibersolutions will submit the full delinquent amount for collection by a collection agent.

Withholding the Disputed Amount

  1. The Customer may only withhold payment of a Disputed Amount where Wibersolutions receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

Initiating Billing Disputes

  1. A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.
  2. The Customer is required to direct a formal Billing Dispute Notice to complaints@wibersolutions.co.za.
  3. The Billing Dispute Notice is required to be accompanied by the following:
    • The Customer’s full particulars and contact details;
    • The Customer’s relationship with Wibersolutions, together with any Customer reference numbers or details which may be applicable;
    • Invoice number and date;
    • The amount in dispute (“the Disputed Amount”);
    • The amount not in dispute (“the Undisputed Amount”);
    • A statement of the reasons for the Billing Dispute, with enough detail to allow Wibersolutions to assess these; and
    • Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

Response to Billing Dispute Notice

  1. In terms of the ICASA Code of Conduct Regulations, Wibersolutions will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
  2. Wibersolutions shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the

Billing Dispute Notice.

  1. Wibersolutions may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Wibersolutions in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Wibersolutions.
  2. Wibersolutions will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:
    • A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
    • A rejection of the Billing Dispute Notice on the basis that:
      • The Billing Dispute Notice was not received by Wibersolutions within thirty (30) calendar days of the date of the relevant invoice, as required in clause 20;
      • The Billing Dispute Notice does not contain all of the information required, as set out in clause 23, or was not submitted in the required manner, as set out in clause 22;
      • The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 17.
      • Wibersolutions has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
      • The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
      • Wibersolutions reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
    • Any alternate resolution that Wibersolutions deems appropriate.

Response Implications

  1. If stipulated in Wibersolutions’ response in terms of clause 27 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days from the date of Billing Dispute Resolution.
  2. If stipulated under Wibersolutions’ response in terms of clause 27 that Wibersolutions must withdraw the Disputed Amount or refund a fee already paid, Wibersolutions must as soon as practicable:
    • Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Wibersolutions’ standard billing terms; or
    • Credit any Disputed Amount already paid by the Customer.

Continued Service Provision

  1. Wibersolutions will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Wibersolutions has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
  2. Wibersolutions reserves the right, however, to take such measures mentioned in clause 27 immediately:
    • Where a determination of the Billing Dispute has been made and communicated to the Customer; or
    • Where the Customer has indicated that they are unable to pay the invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.
  3. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Wibersolutions shall continue to have the right to terminate or suspend the service in accordance with Wibersolutions’ rights under the agreement that the Customer has with Wibersolutions.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under the Billing Disputes Procedure for any purpose other than the resolution of the particular Billing Dispute.

Referral of Complaints to ICASA

  1. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA is not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give Wibersolutions an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.
  3. ICASA can be contacted in the following ways:
Last Updated: October 2022

WIBERSOLUTIONS (PTY) LTD

CODE OF CONDUCT & SERVICE CHARTER

Code of Conduct & Service Charter

Contents

Introduction. 1

Interpretation. 1

Key commitments. 2

Consumer rights. 2

Consumer confidentiality. 2

General terms. 3

Procedures: complaints & billing complaints. 3

Minimum service standards. 4

Introduction

  1. In order to provide electronic communications network services and electronic communications services, Wibersolutions (Pty) Ltd t/a Wibersolutions, t/a Wibernet (“Wibersolutions”) holds licences issued to it by the Independent Communications Authority of South Africa (“ICASA”).
  2. ICASA requires that all licence-holders comply with amongst other things the:

which set out minimum standards of conduct and minimum quality of service standards for the provision of services to both current and prospective consumers.

  1. Wibersolutions has accordingly developed this Code of Conduct & Service Charter for the benefit of consumers.

Interpretation

  1. Any reference to ‘days’ shall mean Monday to Friday excluding public holidays within the Republic of South Africa.
  2. Any reference to ‘hours’ shall mean Wibersolutions’ standard business operating hours of Monday to Thursday from 08:00 to 17:00 and Friday from 08:00 to 16:00.
  3. Where a word, term or phrase is defined as having a specific meaning within the aforementioned regulations that word, term or phrase shall be considered to have the same meaning in this Code of Conduct & Service Charter, with any word, term or phrase defined herein having the specified meaning.
  4. This document is specifically drafted to cover the terms of the aforementioned regulations and will not limit any of the consumer’s rights or Wibersolutions’ obligations as may be prescribed in other legislation or regulations or in Wibersolutions’ policy documents which may apply to the consumer or this relationship.

Key commitments

  1. Wibersolutions makes the following key commitments and will endeavour to:
    • act in a fair, reasonable and responsible manner in all dealings with consumers;
    • ensure that all services and products meet the specifications as contained in its licences and all the relevant laws and regulations;
    • not unfairly discriminate against or between consumers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    • display utmost courtesy and care when dealing with consumers;
    • provide consumers with information regarding services and pricing;
    • provide consumers with guidance in regard to their needs, upon request;
    • keep consumers’ personal information confidential;
    • advise consumers to refer the complaint to ICASA.

Consumer rights

  1. The consumers’ rights include but are not limited to the following:
    • a right to be provided with the required service without unfair discrimination;
    • a right to choose the service provider of their choice:
    • a right to receive information in preferred language(s);
    • a right to access and question records and information held by the service provider;
    • a right to the protection of consumers’ personal data, including the right not to have personal data sold to third parties without permission by the consumer;
    • a right to port a number in terms of applicable regulations;
    • a right to lodge a complaint; and
    • a right to redress.

Consumer confidentiality

  1. Wibersolutions will protect the confidentiality of the consumer information and will:
    • Use the information only for the purposes permitted or required,
    • report or release that information only to the consumer or prospective consumer,
    • only release that information to another person:
      • when directed by the written instruction of the consumer,
      • when directed by an order of a court,
      • during the process of collection of debts by accredited debt collection agencies.
      • by Wibersolutions’ auditors for the purpose of auditing its accounts, or
      • in terms of any applicable law.

General terms

  1. Wibersolutions will communicate billing processes and payment terms and procedures and any changes to service and billing to consumers by means of any of the following: Service Agreements, Addendums to Service Agreements, emails, statements and billing information under the Terms and Conditions available on the website. Invoices are accessed via the customer portal, or available on request.
  2. Where applicable, Wibersolutions reserves the right to subject any application for services, including variations to existing services, to credit referencing and analysis by registered credit bureaux, and the consumer explicitly consents to the use of all information supplied by the consumer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005 (as amended).
  3. Where any equipment supplied by Wibersolutions is defective, then Wibersolutions will investigate the issue and will repair or replace it in accordance with the manufacturer’s warranty for that product. Wibersolutions will put alternative measures in place for the consumer for the duration of the repair/replacement of the defective equipment. (Replace Defective Items with this wording)

Procedures: complaints & billing complaints

  1. For the purposes of this section,
    • “complaint” refers to the formal, written expression of dissatisfaction/grievance in respect of a licensed service only, where filed by the consumer with Wibersolutions by following the procedure set out herein or filed with ICASA following their processes;
    • “complainant” refers the person lodging the complaint;
    • “billing complaint” refers to a complaint lodged which specifically relate to invoice(s) containing incorrect charges, payments or adjustments, but shall not include a billing enquiry (where the consumer seeks information/clarification relating to invoice(s) including without limitation seeking clarification of charges or sources of usage).
  2. Complaints may be lodged by sending an email complaints@wibersolutions.co.za. Such complaint must contain the following information:
    • The consumer’s full particulars, including contact details;
    • The consumer’s relationship with Wibersolutions, together with any customer reference or account numbers or details or support/ticket references;
    • A statement of the reasons for the complaint, which should include sufficient detail to allow Wibersolutions to assess the complaint within the timelines set out herein; and
    • Any relevant evidence or documentation the consumer wishes to submit in support of the complaint.
  3. The following processes will apply to complaints validly received in terms of the aforementioned lodgement process:
    • Wibersolutions will acknowledge receipt of the complaint within 48 hours and will allocate a reference number to the complaint and communicate same to the complainant by return email.
    • Wibersolutions will assess the complaint and will communicate the resolution to the complainant within 14 days of receipt of the complaint.
    • When communicating the resolution in the case of a billing complaint, Wibersolutions will ensure that the consumer is informed about timelines for payments (if any) and the possibility/timelines of disconnection in the case of non-payment (where relevant).
  4. Where the complaint lodged is a billing complaint, then the following will apply only in respect of the disputed portion(s) of the invoice(s) (i.e. the subject of the complaint) while the billing complaint is being investigated and until it is closed:
    • Wibersolutions will not suspend or disconnect services nor take adverse collection procedures or assess late charges and/or penalties on the disputed portion(s);
    • Wibersolutions is entitled to demand payment of the remainder of the fees due (other than the disputed portion), and the consumer agrees to continue to make payments as due for the remainder of the Wibersolutions’ fees.
  5. The complainant must first lodge a complaint or billing complaint with Wibersolutions and wait for resolution in terms of this document. The complainant shall not escalate a complaint or billing complaint to another forum before first exhausting the procedures set out herein.
  6. The complainant may escalate a complaint with ICASA only in the following instances:
    • when the complainant disputes the outcome of the resolution of the complaint; or
    • when Wibersolutions has failed to respond or has not adequately responded to the complaint within the prescribed period(s).
  7. Such complaint may be lodged with ICASA following its consumer complaints procedures, which can be viewed at http://www.icasa.org.za.
  8. Any complaint referred to Wibersolutions by ICASA will be processed in terms of the ICASA-prescribed timelines and processes.

Minimum service standards

  1. The End-user and Subscriber Service Charter Regulations, 2016 (as amended) set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):
    • 95% electronic communications network service availability averaged over 6 months;
    • 95% electronic communications service availability averaged over 6 months;
    • For Fixed Services, 95% success rate in meeting residential services installations within 30 days of request measured over 6 months, and 90% successful installations for business services within 30 days of request measured over 6 months;
    • For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months, and for Mobile Services 99% activated within 48 hours measured over 6 months;
    • For Fixed, 90% of faults cleared within 5 days measured over 6 months, and for Mobile Services, 95% of faults cleared within 24 hours measured over 6 months;
    • Average Call Setup Success Ratio equal to or greater than 98%;
    • Average Call Setup Time equal to or less than 9 seconds;
    • Average Dropped Call Ratio equal to or less than 3%;
    • Average Speech Quality Mean Opinion Score (MOS) equal to or greater than 3;
    • Average SMS End-to-End Delivery Success Rate equal to or greater than 98%;
    • Average SMS End-to-End Delivery Time equal to or less than 10s;
    • Application Throughput to have average value of download equal to or greater than 5Mbit/s;
    • File Transfer Protocol (FTP) Average Download Throughput to have average value of download equal to or greater than 5Mbit/s;
    • File Transfer Protocol (FTP) Average Upload Throughput to have average value of upload equal to or greater than 1.5 Mbit/s;
    • Hypertext Transfer Protocol (HTTP) Average Download Throughput to have average value of download equal or greater than 5 Mbit/s;
    • Hypertext Transfer Protocol Average Upload Throughput to have average value of upload equal to or greater than 1.5 Mbit/s;
    • Round Trip Time RTT (Latency) to have average value equal to or less than 100ms;
    • Average Speech Quality Mean Opinion Score (MOS) equal to or greater than 3.5;
    • Minimum Signal Strength equal to or greater than -105 dBm;
    • Web Page Access Success Rate equal to or greater than 95%;
    • Web Page Completion Success Rate equal to or greater than 95%;
    • Web Page Download time equal to or less than 5 sec;
    • Video Streaming Completion Success Rate Set-up equal to or greater than 95%;
    • Video Streaming Reproduction Cut-off Ratio equal to or greater than 95%.
  2. Wibersolutions will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to Wibersolutions.
  3. Consumers acknowledge that the services provided by Wibersolutions may be wholly or partially dependent upon network and other services provided by third party suppliers and that Wibersolutions cannot be held liable in any manner whatsoever for any failure to meet the specified standards where such failure arises from the acts and/or omissions of such third parties.

Last updated: August 2024

This document has been prepared specifically for Wibersolutions (Pty) Ltd t/a Wibersolutions, t/a Wibernet and any unauthorised reproduction of part or all of the content of this document is prohibited. You may not, except with our express written permission, copy (whether verbatim or not) or commercially exploit the content of this document.

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Wireless Access Providers’ Association (WAPA), established in 2006, is a non-profit trade association acting as a collective voice for the wireless industry. WAPA’s primary objective is to promote the growth of the wireless industry by facilitating self-regulation, promoting best practices, and educating both members and the market about new wireless technologies and business models. WAPA offers its members regulatory advice, technical training, a code of conduct, a forum for knowledge-sharing and business-enablement opportunities. View more