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WIRUlink General Terms & Conditions

General Terms & Conditions

  1. “Application” means the online or any other written request for initiation/activation of a Service(s) and / or the provision of Good(s), which, when accepted by WIRUlink, becomes a binding Service Agreement.
  2. “AUFUP” means the Acceptable Use and Fair Use Policy as published on WIRUlink’s webpage.
  3. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
  4. "Customer” or “Client” is the party described on any Application or Service Contract executed between it and WIRUlink.
  5. "Emergency Maintenance" means maintenance to the WIRUlink System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to WIRUlink, the Customer or any third party.
  6. “Goods” means any and all goods to be provided by WIRUlink to the Customer in terms of a Service Agreement, including without limitation equipment, hardware and third party software.
  7. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
  8. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
  9. “Provider” means the last –mile fibre installer.
  10. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
  11. “Service Agreement” means these General Terms and conditions and any terms and conditions published on WIRUlink’s website, the Service Application, the Debit Order Instruction, the rental application (if applicable), WIRUlink’s quotations, WIRUlink’s warranty and WIRUlink’s Acceptable Use and Fair Use Policy, all legal policies as published on the WIRUlink website and all annexures to any of these documents.
  12. “Service Order” means an online application for goods, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by WIRUlink to the Customer.
  13. "Service Terms" means a document describing the terms on which WIRUlink will provide a particular Good or Service, as amended from time to time.
  14. “Supplier” means a supplier of goods and / or services to WIRUlink.
  15. "User/s" means the Customer or any other person accessing any the Services provided by WIRUlink.
  16. “WIRUlink” means WIRUlink (Pty) Ltd or any other entity which WIRUlink (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
  17. “WIRUlink Website” means the Internet website published at the URL “www.wiru.co.za” or another URL that WIRUlink notifies the Customer of from time to time.
  18. “WIRUlink System" means equipment operated together as a system by WIRUlink to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.

Applications and Initiation

  1. WIRUlink will provide the Goods and Services to the Customer as described in an Application or Service Order in terms of the signed Agreement.
  2. WIRUlink reserves the right to refuse to commence provision of Services based on the Customer’s prior conduct.
  3. An Application, once signed and/or submitted via the WIRUlink Website and accepted by WIRUlink shall become a Service Order.
  4. Each Service Order will form a separate contract between the Customer and WIRUlink (unless amended or renewed by another Service Order).
  5. The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
  6. The Customer consents to WIRUlink carrying out a credit check on the Customer at any applicable credit bureau, and may make the provision of the Goods or Services dependent on its satisfaction with the results.
  7. If the Customer is a juristic person, WIRUlink may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, WIRUlink may withhold to provide the Services until the surety has been signed.
  8. Depending upon the Service provided, WIRUlink may be obliged under RICA to obtain certain information and documents from the Customer, and WIRUlink may withhold or suspend providing Services until the Customer has provided the necessary information and/or documents to WIRUlink.
  9. With the prior written permission of WIRUlink which can be withheld at any time and for any reason, the Customer may be entitled to migrate or convert to any other service offered by WIRUlink from time to time provided that –
    1. any charge levied by WIRUlink in respect thereof has been paid; and
    2. all relevant documents required by WIRUlink have been signed by you indicating acceptance of any terms and conditions applicable thereto.
  10. If the Customer has not complied with a requirement set out in clause 2, WIRUlink may delay providing the Goods or Services until the Customer has complied. If the Customer does not comply within a reasonable period, WIRUlink may terminate the Agreement and will not be liable for any damage that the Customer may suffer as a result.
  11. The following legal documents also apply to the provision of WIRUlink Fibre Services and is binding on any subscriber to such service: Vumatel Standard Terms and Conditions available on www.vumatel.co.za
  12. Customers and potential Customers must familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

Customer’s Obligations

  1. The Customer confirms that all statements made to WIRUlink are true and correct. WIRUlink reserves the right to request proof of any facts or claims. The Customer also commits to providing WIRUlink with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
  2. WIRUlink reserves the right to request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
  3. The Customer (or the Customer's agent) certifies that the Customer is above the age of 18 years, has full contractual capacity and, in the case of an agent, is duly authorised by the Customer to contract on the Customer’s behalf.
  4. WIRUlink’s website and attached systems, are designed to facilitate reasonable use of the WIRUlink products and Services. WIRUlink reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. WIRUlink reserves the right to deem such an activity as "unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
  5. If the Customer engages in behaviour that is a contravention of the Acceptable Use and Fair Use Policy or may be considered offensive to WIRUlink or its staff, WIRUlink reserves the right to suspend or terminate the Customer’s Services, irrespective of the form and medium of this abuse.
  6. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
  7. WIRUlink reserves the right to remove any content hosted by a Customer which it considers illegal or contrary to the AUFUP.

Terms Subject to Change

  1. WIRUlink may amend the General Terms and Service Terms at any time. The amended versions will be posted on the WIRUlink Website. It is the responsibility of the Customer to keep itself informed of the latest version of the general terms and conditions by accessing the WIRUlink Website on a regular basis.
  2. WIRUlink will give at least one calendar month notice for the amendments or fee change, which will become effective at the beginning of the first calendar month after the notice period has expired.

Conduct and WIRUlink Brand

  1. Customers will be held accountable for their conduct towards WIRUlink staff and in the public domain with regard to allegations or malicious conduct directed towards WIRUlink or its staff.
  2. Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at WIRUlink or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUFUP violation and WIRUlink reserves the right to suspend or terminate Services to a Customer in such cases.
  3. Customers using public platforms to spread false allegations, unreasonably or maliciously diminish the reputation or the public perception of the WIRUlink brand, may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUFUP.

Availability of Services

  1. WIRUlink cannot guarantee the provision of the requested Service upon the receipt of an Application.
  2. Provision of the Service is subject to WIRUlink confirming that it is technically feasible to do so. The availability of Fibre Services are subject to a valid and operational last mile provider service.
  3. POTENTIAL CUSTOMERS SHOULD CONFIRM THE AVAILABILITY OF THE LAST-MILE PROVIDER SERVICE IN THEIR PARTICULAR LOCATION PRIOR TO PURCHASING OR ORDERING ANY FIBRE SERVICE OR HARDWARE FROM WIRULINK. THE AVAILABILITY OF FIBRE SERVICES CAN BE CHECKED VIA OUR FIBRE AVAILABILITY MAP ON OUR WEBSITE, BUT WIRULINK MAKES NO WARRANTY AS TO THE ACCURACY OF THIS RESOURCE, WHICH ARE PROVIDED BY OUR LAST- MILE FIBRE PROVIDER PARTNERS.
  4. Customers will be notified after receipt of an Application whether or not the Service can be provided.

Services and Products

  1. WIRUlink offers an online application and signup for all products and Services. The Customer is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. WIRUlink will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
  2. Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act ("the ECT Act").
  3. WIRUlink provides Services on the basis of information provided by the Customer, and WIRUlink offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Customer.
  4. WIRUlink reserves the right to stop offering a particular Services if it deems it necessary. WIRUlink will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Payment and Penalties

  1. WIRUlink only accepts payment via Debit Order for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at WIRUlink's discretion.
  2. The Customer’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month.
  3. WIRUlink will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Customers.
  4. Unpaid Debit Orders or any other irregularity regarding payment may result in immediate suspension of Services (which may not be limited to the particular Service in question). WIRUlink retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
  5. WIRUlink reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
  6. WIRUlink may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Customer's payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
  7. If the Customer’s Services are suspended or terminated for any reason, including non- payment, WIRUlink may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. WIRUlink may charge multiple reconnections Fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice WIRUlink's right to enforce such penalties in full at any time (within their discretion).
  8. Reconnection of Services may be subject to a waiting period of up to 48 hours, at WIRUlink’s discretion, regardless of when payment is received or cleared. Reconnection is subject to a reasonable connection fee.
  9. In cases of suspension of Services due to non-payment, WIRUlink reserves the right to levy both a Reconnection Fees and an Admin Fee. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
  10. In the case of billing disputes, the onus is upon the Customer to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Customers with successful disputes by means of an account credit or refund, at WIRUlink’s discretion.
  11. WIRUlink reserves the right to terminate services where a Customer has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at WIRUlink’s discretion and may vary. The means and terms of termination will be determined at WIRUlink’s discretion. Notice of termination will be provided to the best of WIRUlink’s ability, but WIRUlink will not be held liable for claims or requests for further provision of services once a Customer’s services have been terminated due to non-payment.
  12. Unless otherwise agreed:
    1. Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
    2. Services are billed in advance and all invoices must be paid by the Customer in advance.
    3. Any Services invoiced in arrears are payable on presentation of invoice.
    4. All Fees and other amounts payable as per the invoice include VAT.
  13. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
    1. The interest rate will be 2% (two percent) above the prime overdraft rate.
    2. The prime overdraft rate will be as charged by WIRUlink’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
    3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.

Debit Order Authorisation

  1. By accepting these terms, the Customer hereby authorizes WIRUlink to debit their nominated bank account or credit card for any variable amount pertaining to the service or products selected on sign up and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the Customer in respect of services or products.
  2. The Customer authorise WIRUlink's nominated agent to debit their bank account or credit card on WIRUlink's behalf (the “authorized party”).  The debit authority will remain in force until such services or products are cancelled, subject to the condition that Customer agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
  3. The Customer agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Customer and that the Customer may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

Term and Termination

  1. Either the Customer or WIRUlink may terminate a Month-to-Month agreement by giving one calendar month notice to the other.
  2. Should the Customer incorrectly complete the cancellation process, WIRUlink will not be liable for any additional costs or compensation due to the error.
  3. Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
  4. The Customer acknowledges that WIRUlink may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.

Customer Information and Privacy

  1. Customers signing up for services as a Primary Contact are considered as “the Customer” and no other parties will be permitted access or authority to the Customer Account, even if they are a 3rd party recipient or affiliate of the “Customer”.
  2. WIRUlink will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
  3. The Customer consents to WIRUlink processing Personal Information transmitted to the WIRUlink System in a way which is consistent with the Service being provided. Where the Customer's use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Customer acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Customer warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies WIRUlink from any claim brought by such third party as a result of its failure to do so.

Security

  1. WIRUlink will implement measures in line with Good Industry Practice to ensure the security of the WIRUlink System and the physical security of WIRUlink’s premises, but gives no warranty that breaches of security will not take place.
  2. If a security violation occurs, or WIRUlink is of the view that a security violation is imminent, WIRUlink may take whatever steps it considers necessary to maintain the proper functioning of the WIRUlink System including without limitation:
    1. changing the Customer’s access codes and passwords (or those of any user of the WIRUlink System), and
    2. prevent access to the WIRUlink System.
  3. WIRUlink takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
  4. The Customer must give its full cooperation to WIRUlink in any investigation that may be carried out by WIRUlink regarding a security violation.
  5. If the Customer is providing any service to third parties that makes use of the WIRUlink System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out herein.
  6. WIRUlink may on prior written notice to the Customer inspect the Customer’s installation and Customer Equipment located on WIRUlink’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.

Suspension or Terminations of Service

  1. WIRUlink may, subject to this Agreement or the AUFUP, suspend or terminate services of a Customer in its absolute discretion by providing email notice if:
    1. the Customer commits a serious or repeated breach of the Agreement or the Customer engages in any conduct which in WIRUlink’s opinion would have a negative impact on WIRUlink, other Customers or WIRUlink’s staff or is detrimental to the welfare, good order or character of WIRUlink; or
    2. Any part of the Customer’s Fees are not paid in full when due; or
    3. The information the Customer supplied to WIRUlink is found to be incorrect or false;
    4. WIRUlink reasonably thinks that the Customer’s use of the Services may result in the commission of a crime or is otherwise unlawful.
  2. WIRUlink reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Customers where possible. Upon such suspension or termination, such Customers:
    1. Will not be eligible for reimbursement / compensation, unless at WIRUlink’s discretion;
    2. May be further barred from signing up for any services with WIRUlink in the future;
    3. May be reported to governing bodies, such as ISPA, for listing purposes;
    4. May be listed with applicable authorities and credit bureaus.
  3. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

Limitation of Liability and Indemnity

  1. WIRUlink will not be liable to the Customer or any third party in of any and all damages, loss, claims or costs of any nature including but not limited to direct, indirect, consequential or special damages suffers by the Customer or any third party however arising, and WIRUlink will moreover not be liable whether the loss was the result of an act or omission of a WIRUlink employee.
  2. In the event that WIRUlink is nonetheless held liable, the quantum of WIRUlink’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of WIRUlink or any other cause.
  3. Use of the services indicates that the Customer indemnifies and holds WIRUlink harmless in respect of any damages, loss, costs or claims instituted against WIRUlink arising from any application or subscription to or the use of any service or breach of the terms and conditions applicable to it.
  4. These limitations on liability and indemnities apply to the benefit of WIRUlink and WIRUlink's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the WIRUlink System.
  5. Nothing contained in this clause will limit the Customer’s liability in respect of charges incurred for ongoing Services.
  6. Where the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over WIRUlink to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
  7. In the case of ambiguity, this clause will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

Notices

  1. All requests by the Customer for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via support@wiru.co.za and WIRUlink reserves the right to ignore any such request made in any other manner.
  2. The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):
    1. In the case of WIRUlink:
      info@wiru.co.za,
      221 Panorama Drive,
      Constantia Kloof,
      Roodepoort.
      and
    2. in the case of the Customer, the addresses set out in the most recent Service Agreement agreed to between the Parties.
  3. Either Party may vary its domicilium address or other contact details by notifying the other Party in writing.
  4. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another ("the addressee") which:
    1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
    2. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee;
    3. any notice that WIRUlink sends by email to an email account hosted on the WIRUlink System by the Customer will be deemed to have been received by the Customer on  the date of transmission; and
    4. if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

Line Faults and Repairs

  1. WIRUlink will be entitled to assume that the Fibre Line provisioned to a Customer is in good working order until such time as the Customer advises WIRUlink Support of any problems or service breaks.
  2. Any faults or service interruption should be reported via one of the channels available on the WIRUlink website.
  3. The provider will attend to faults reported by the Customer during office hours and the relevant party will apply its reasonable endeavors to have the Fibre service restored in the shortest possible time.
  4. If the Provider determines that the reported fault was caused by the Customer, the Customer shall be liable for payment of the relevant call-out charge as stipulated by the Provider from time to time.

Upgrades, Downgrades and Migration

  1. Upgrades and downgrades of services are governed by the terms and conditions as pertained in the relevant Service Agreement.
  2. A Customer is entitled to migrate from wireless to fibre after providing WIRUlink with 30 days’ notice of its intention to do so.
  3. The following applies to the migration, and will substitute the early cancellation policy:
  4. Customer must complete the Cancellation/Downgrade form, indicating that they want to migrate to WIRUlink Fibre and select a wireless package (if any) to remain as back-up / fail over.
  5. Customer must complete a new online application for the Vumatel Home Fibre service by following https://www.wiru.co.za/fibre/home for Home Fibre on a Month to Month contract, using the current customer code as Promo Code. Please note Vumatel installation fee is not included.
  6. For Business Fibre the Customer must complete an online order by following https://www.wiru.co.za/fibre/business to ensure feasibility and subsequently agreeing to a 24 month service agreement.
  7. The monthly package fees on fibre may not be less than R795-00 (Incl VAT) to qualify for the migration option.
  8. A once-off migration fee of R4 500-00 (including VAT) applies once fibre service is active and the Customer will only receive the migration invoice once the fibre service has been activated.
  9. The Wireless equipment ownership transfers to customer (no buy backs).

Interpretation & General

  1. This Agreement forms the basis of the agreement between the parties, and should be read together with the service application and all documents and/or terms and conditions referred to therein. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
  2. The laws of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  3. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
  4. The signatories acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
  5. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
  6. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.
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