C-FIBRE CONNECTOR TARIFF PLAN PRODUCT TERMS AND CONDITIONS

Transcription

1 1. It is important that you understand and agree to these Terms and Conditions, as well as the C Fibre Terms and Conditions (which are available on the Cell C website) in order to make use of the Cell C Fibre Connector service. 2. Cell C is offering C-Fibre in partnership with local Fibre Network Operators ( FNO ) providing a fibre network on an open access model. 3. It is important that you understand that Cell C does not own the fibre network, the fibre lines or the Consumer Premises Equipment ( CPE ) installed at your premises and that these remain the property of the FNO at all times. 4. All standard Terms and Conditions of Cell C Limited and Cell C Service Provider Company (Pty) Ltd apply. 5. Standard RICA process and business rules apply. How To Sign Up For C-Fibre Connector Tariff Plan 6. C-Fibre Connector tariff plan shall be available through the following channels: 6.1. Cell C Fibre Field sales team which you can at myfibre@cellc.co.za; 6.2. Cell C Fibre Telesales team which you can contact on or at Fibredirect@cellc.co.za; 6.3. Through our online channel, namely the C-Fibre purchase Portal, which can be accessed at Cell C Business Sales Channel which you can contact on or BusinessSales@cellc.co.za; 6.5. Through select Cell C owned and franchise stores which can be viewed at through select Cell C owned and franchise stores which are; CELL C STORES WITHIN C-FIBRE FOOTPRINT Gauteng Stores Cell C Centurion Mall Cell C Carlswald Lifestyle Shopping Centre Cell C Centurion Mall Bayside Cell C Hatfield Plaza Cell C Kolonnade Centre Cell C The Reds Cell C Boulders Shopping Centre Cell C Woodlands Boulevard Cell C The Grove Mall Cell C Olympus Village Cell C Menlyn Park Shopping Centre Cell C Menlyn Maine Data Store Cell C Irene Western Cape Stores Cell C Golden Acre Shopping Centre Cell C Zevenwacht Mall Cell C Western Cape Regional Office Cell C Blue Route Mall Cell C Cavendish Square Cell C Garden Route Mall Cell C Howard Centre Cell C Longbeach Mall Cell C Somerset Mall Cell C V&A Waterfront Cell C Canal Walk Shopping Centre Cell C CapeGate Shopping Centre Cell C Kenilworth Centre

2 KZN Stores Cell C Liberty Midlands Mall Cell C Shelly Centre Cell C Ballito Lifestyle Centre Cell C Gateway Theatre of Shopping Cell C La Lucia Mall Cell C Pinecrest Centre Cell C Hillcrest Corner Shopping Centre Cell C Victoria Road Shopping Centre Cell C Watercrest Mall Cell C Westwood Mall Northern Cape Stores Cell C New Park Centre Cell C North Cape Mall Free State Stores Cell C Bloemfontein Regional Office Cell C Loch Logan Waterfront Cell C Grand Parade Centre Cell C Paarl Mall Cell C Connect Centre - Tyger Valley Centre Cell C Tyger Valley Centre Cell C George Cell C Knysna Mall Cell C Mainstream Shopping Mall Cell C Soneike Eastern Cape Stores Cell C Greenacres Shopping Centre Cell C Port Elizabeth Regional Office Cell C The Bridge At Greenacres Cell C Vincent Park Cell C Walmer Park Shopping Centre Cell C Baywest Mall Cell C Hemingways Mall Cell C Summerstrand Village Cell C Mimosa Mall Cell C Preller Square Cell C Bloemfontein Regional Office Cell C Norwood Mall Cell C Rosebank Mall Cell C Sandton City Cell C Clearwater Mall Cell C Cresta Shopping Centre Cell C Campus Square Cell C Dainfern Square Cell C Mall of Africa Limpopo Stores Cell C Mall of the North Mpumalanga Stores Cell C Ilanga Mall Gauteng Stores Cell C Northgate Shopping Centre Cell C Woodmead Retail Park Cell C Connect Centre - Waterfall Campus Cell C Killarney Mall Cell C Menlyn Park Shopping Centre Cell C Menlyn Maine Data Store Cell C The Grove Mall Cell C Brooklyn Mall 7. The C-fibre Connector tariff plans are available to new and existing customers. 8. The C-Fibre Connector tariff plan is a converged tariff plan offering multiple inclusive benefits that include C- Fibre, mobile voice, mobile data and Wi-Fi calling under one tariff plan. 9. The C-Fibre Connector tariff plans shall provide subscribers with the following inclusive benefits; 9.1. Unlimited, unrestricted and unshaped fibre; 9.2. Free hybrid mobile SIM cards offering;

3 1000 any-net voice minutes per SIM per month 2GB of mobile data per SIM per month 500 any-net Wi-Fi calling minutes per SIM per month 9.3. Free Wi-Fi router valued at R 1,699 inclusive VAT and will be subsidised by Cell C subject to a pro-rated clawback*; 9.4. Free installation starting from R 1, 710 inclusive VAT. Please note that this value will vary depending on the fibre network and will be subsidised by Cell C subject to a pro-rated clawback*; 9.5. Free installation is limited to the standard Installation provided by Vumatel, Openserve and Frogfoot. Any additional installation requirements outside of the standard Installation will be for the customer s account; 9.6. Free connection starting from R 570 inclusive VAT. Please note that this value will vary depending on the fibre network and will be subsidised by Cell C subject to a pro-rated clawback*; 9.7. Free personalised device set-up; *A 24 month pro-rated clawback in the event of an early cancellation of the contract, i.e. the customer shall be liable for the outstanding pro-rata amount of the installation or connection or Wi- Fi router (as applicable) should they cancel the contract within the first 24 month period from the service activation date. 10. The C-Fibre Connector mobile SIM cards are available on a hybrid tariff plan and should the subscriber run out of the inclusive benefits, they can either go out of bundle or they can purchase a top-up bundle provided the airtime wallet is recharged with airtime. 11. C-Fibre shall be provisioned on a virtual number which is not a mobile number. A subscriber s current mobile SIM cannot be swapped to access the C-Fibre service. 12. Notwithstanding the date of the C-Fibre installation, the use of the C-Fibre Connector tariff plans will be on a month to month basis, until such time as C-Fibre Connector is cancelled by either you or Cell C in accordance with the respective rights set out in these Terms and Conditions. 13. The C-Fibre Connector mobile service shall be offered on a SIM only basis. 14. A mobile handset/device is not included as part of the service and the customer can purchase this separately. 15. The C-Fibre Connector tariff plan shall not be eligible for dual SIM and dual device. 16. The SIM and connection fee shall not be applicable to the C-Fibre Connector mobile SIM cards. 17. SIM Swap shall be applicable to the C-Fibre Connector mobile SIM cards. 18. Port-IN of numbers shall be allowed for customers porting from other mobile operators to the Cell C C-Fibre Connector plan. Port-IN shall be applicable to the C-Fibre Connector mobile SIM cards only. 19. Port-IN shall only be initiated once the C-Fibre service is active. 20. Should a C-Fibre Connector customer be temporarily suspended or suspended for bad debt they shall not be allowed to upward migrate to a higher C-Fibre Connector plan i.e. they shall not be able to upward migrate and add additional C-Fibre Connector mobile SIM cards. 21. A C-Fibre Connector customer shall be required to complete an application form, provide supporting documentation (as requested), as well as comply with these Terms and Conditions and the C-Fibre terms and Conditions when applying for any of the C-Fibre Connector tariff plans listed below:

4 Table 1: C-Fibre Connector Tariff Plan - Symmetrical Line Speed C-Fibre Connector Price Plan Monthly Subscription Mobile SIM s Included Inclusive Benefits Fibre Line Speed Qualifying Fibre Network (Incl. VAT) C-Fibre Connector 20 R 1, Unlimited, 20Mbps/20Mbps Vumatel C-Fibre Connector 50 R 1, Unrestricted, Unshaped Fibre 50Mbps/50Mbps C-Fibre Connector 100 R 1, Free C-Fibre 100Mbps/100Mbps C-Fibre Connector 20 R 1, Installation 20Mbps/20Mbps FrogFoot C-Fibre Connector 50 R 1, Free C-Fibre Connection 50Mbps/50Mbps C-Fibre Connector 100 R 1, Free Wi-Fi Router 100Mbps/100Mbps 1000 any-net voice minutes per mobile SIM per month 2GB of mobile data per mobile SIM per month 500 any-net Wi-Fi calling minutes per mobile SIM per month Free device setup Table 2: C-Fibre Connector Tariff Plan - Asymmetrical Line Speed Monthly Mobile SIM s Inclusive Benefits Fibre C-Fibre Connector Subscription Included Line Speed Price Plan (Incl. VAT) C-Fibre Connector 20 R 1, Unlimited, 20Mbps/10Mbps C-Fibre Connector 40 R 1, Unrestricted, 40Mbps/20Mbps C-Fibre Connector 100 R 1, Unshaped Fibre 100Mbps/50Mbps Free C-Fibre Installation Free C-Fibre Connection Free Wi-Fi Router 1000 any-net voice minutes per mobile SIM per month Qualifying Fibre Network Openserve

5 2GB of mobile data per mobile SIM per month 500 any-net Wi-Fi calling minutes per mobile SIM per month Free device setup 22. Upon successful application for C-Fibre Connector, Cell C shall deduct an equivalent of one month s subscription fee (plus any other applicable costs) immediately from the customer s credit card, as an upfront payment for the C-Fibre Connector service. In order to do so, Cell C shall require the customer s credit card details, in order to facilitate the upfront payment. 23. Pro-rata billing of the monthly subscription fee shall only apply in the first month that the C-Fibre service is activated; thereafter the full month s subscription based on the package selected shall be due monthly. 24. The billing increment shall be per second billing from the 1st second for a voice call and 25KB for data increments. 25. Thereafter, you shall receive a monthly invoice for C-Fibre Connector. 26. The inclusive mobile voice and Wi-Fi calling minutes shall be applicable across all local mobile networks including national roaming. 27. All international calling, international roaming calls and premium rated calls shall be excluded from the inclusive C-Fibre Connector mobile voice benefit. This usage shall be billed at the applicable out of bundle rate, provided the C-Fibre Connector customer has sufficient airtime in their airtime wallet. 28. Community Service Telephones, Low Cost Routing and WASPs/Premium Rated Services shall be billed at applicable out of bundle rates, provided the C-Fibre Connector customer has sufficient airtime in their airtime wallet. 29. Cell C shall not be liable for charges incurred where the subscriber dials non-qualifying numbers. Qualifying numbers include all numbers that are serviced by National Mobile Operators, including Telkom and Neotel fixed lines in South Africa. 30. All international SMS and MMS and premium rated SMS and MMS shall be billed at the applicable out of bundle rate, provided the C-Fibre Connector customer has sufficient airtime in their airtime wallet. 31. Data consumption while roaming internationally shall not deplete from the inclusive mobile data. International roaming Data rates shall apply and this usage shall be billed at the applicable out of bundle rate, provided the C- Fibre Connector customer has sufficient airtime in their airtime wallet. 32. The inclusive mobile data benefit can only be used when the customer is on the Cell C network or on the network of Cell C s South African roaming partners within South Africa. 33. There shall be no accumulation and rollover of the inclusive monthly benefits for C-Fibre Connector mobile voice, mobile data and Wi-Fi calling. 34. The inclusive benefits applicable to the C-Fibre Connector plan shall be allocated at the beginning of each month. 35. Where the customer has fully depleted the inclusive C-Fibre Connector mobile value before end of the month, the following out of bundle rates shall apply:

6 Table 3: C-Fibre Connector Out Of Bundle Rate Out Of Bundle Rate C-Fibre Connector 20 C-Fibre Connector 40 (Only applicable on Openserve) C-Fibre Connector 50 C-Fibre Connector 100 Voice R 1.50 R 1.50 R 1.50 R 1.50 Data (Per MB) R 0.99 R 0.99 R 0.99 R 0.99 SMS R 0.50 R 0.50 R 0.50 R 0.50 MMS R 0.50 R 0.50 R 0.50 R 0.50 Wi-Fi Calling R 0.50 R 0.50 R 0.50 R Should you fail to pay the invoice, Cell C shall suspend your C-Fibre Connector service until such time as payment is made. The maximum period allowed on the suspension of your C-Fibre Connector service is equivalent to a calendar month, after which the C-Fibre Connector service will be permanently deactivated and terminated. 37. Should the C-Fibre Connector service be terminated and at a future date and you request for the C-Fibre service to be reconnected, you will be liable for a re-connection fee and you will also be required to first settle any outstanding amounts owing to Cell C prior to the C-Fibre service being re-connected. 38. Should your C-Fibre Connector service be suspended due to missed payment, and you then make payment at any time during that month, you understand that there may be a certain period of time before your payment reflects in Cell C s bank account and this may cause a delay in the re-activation of your C-Fibre Connector Service. 39. Should you wish to cancel the C-Fibre Connector service at any time, you may do so by giving Cell C no less than 1 (one) calendar months notice. 40. Cancellation of the C-Fibre Connector service shall also result in the cancellation of the C-Fibre Connector mobile SIM cards, as these are all linked and cannot operate independently of the C-Fibre portion. 41. Cancellation of the C-Fibre Connector mobile SIM cards only will result in the C-Fibre Connector service being migrated to the standalone C-Fibre tariff plan. Installation of the fibre line, CPE and provision of a Wi-Fi Router 42. To use the C-Fibre service, a subscriber shall be required to have a fibre line installed from the boundary wall into subscriber home and a CPE (Subscriber Premise Equipment installed by the FNO in subscriber premise) installed first by the FNO. 43. The C-Fibre service is only available within the range of Cell C partner FNO networks and the availability may vary from time to time. 44. If you are a new C-Fibre Connector customer and do not have a fibre line, a CPE or Wi-Fi router already installed and activated in your home, Cell C will make provision for the following:

7 45. *Payment of your installation fee at a flat rate (Installation means the physical installation of the fibre line and CPE to your premises, and includes all physical work and materials required); 46. *Payment of your connection fee (Connection fee means the charge for your connection to C-Fibre); and; 47. *Provide you with a Wi-Fi router (a Wi-Fi router is used by you to connect to the CPE to access and make use of C-Fibre). *A 24 month pro-rated clawback in the event of an early cancellation of the contract, i.e. the customer shall be liable for the outstanding pro-rata amount of the installation or connection or Wi- Fi router (as applicable) should they cancel the contract within the first 24 month period from the service activation date. 48. Cell C shall only make provision for payment at a flat rate for the installation of your fibre line. Certain FNO s may charge more than this flat rate, and you will be advised of this upon application for C-Fibre. 49. Customers will be responsible for any amount over and above the flat rate charged on the installation of the fibre line which is limited to a specific linear metre as outlined below: Installations on the Openserve network are limited to 8 metres; the customer will be liable for any installation over 8 metres at a rate of R (Incl. VAT) per linear metre Installations on Metrofibre network are limited to 15 metres; the customer will be liable for any installation over 15 metres at a rate of R (Incl. VAT) per linear metre Installations on FrogFoot network are limited to 30 metres; the customer will be liable for any installation over 30 metres at a rate of R 57 (Incl. VAT) per linear metre Vumatel and Octotel fibre installations to the home are not limited to a specific metreage; therefore customers taking up a C-Fibre service on these networks will not incur additional charges on installation. 50. PLEASE NOTE: To activate the C-Fibre Connector service, a customer first needs to be activated on the C-Fibre product. The C-Fibre Connector service shall be in a pending state until the C-Fibre installation is complete and shipping of the C-Fibre Connector mobile SIM cards and Wi-Fi router shall only be initiated once the C-Fibre service has been activated and not prior to this happening. 51. Once the fibre line and CPE have been installed, and your Wi-Fi router has been activated, you will be able to make use of C-Fibre Connector service. Change of Physical Address 52. In this event, you will be liable for payment of the installation and connection fee in respect of the fibre line, CPE and Wi-Fi router in your new area and the pro-rated clawback calculation shall therefore no longer apply for service relocation and this would be deemed as a new connection. 53. You are also required to pay the pro-rata balance owing on the clawback linked to the current subscription and will be required to settle this amount prior to the service being relocated. You shall also not be eligible to receive a Wi-Fi router with the second installation.

8 54. Should you move to an area where no FTTH service is provided by Cell C partner FNO, they will be entitled to cancel their agreement and pay the pro-rata balance owing on the claw back for the Wi-Fi router, installation and connection fee. Warranty and Indemnity 55. You warrant that you have the necessary rights to make use of C-Fibre and you indemnify Cell C against any liability, claim, damage or loss that a third party might have arising out of your use of C-Fibre if you do not have the necessary rights. Migrations 56. The below migration scenarios shall be allowed: Migrations between C-Fibre to the C-Fibre Connector plan shall be allowed Migration from C-Fibre Connector to C-Fibre shall only be allowed if the C-Fibre Connector mobile SIM cards are cancelled prior to the migration. The amortised costs on installation and connection shall not be affected and shall be carried across to the standalone C-Fibre plan. However should the C-Fibre Connector mobile line that is cancelled be linked to the Wi-Fi router, the customer shall be required to pay for the pro-rated amount outstanding on the Wi-Fi router prior to the migration Migration from one fibre network to another shall not be allowed Existing Cell C mobile post-paid and hybrid customers can only migrate to the C-Fibre Connector mobile service, however they are first required to migrate their existing mobile line to pre-paid and then migrate to the C-Fibre Connector plan. 57. C-Fibre Connector mobile SIM cards need to be converted to pre-paid before they can migrate to an existing Cell C mobile post-paid or hybrid product. 58. Upward and downward migrations within the C-Fibre Connector plans shall be allowed and the following scenarios shall apply: 59. Upward migration is allowed i.e. C-Fibre Connector 20 to C-Fibre Connector In order to downward migrate the C-Fibre Connector customer needs to first cancel the C-Fibre Connector mobile lines i.e. C-Fibre Connector 50 has two mobile lines - One line needs to be cancelled before you can migrate to C-Fibre Connector 20 as only one line is allowed. 61. In order to downward migrate, should the C-Fibre Connector mobile line that is cancelled be linked to the Wi-Fi router, the customer will be required to pay for the pro-rated amount outstanding on the Wi-Fi router prior to the downgrade. 62. Existing handset fee s cannot be migrated to the C-Fibre Connector plans i.e. a Pinnacle 250 customer needs to pay the remaining value of handset before being allowed to migrate to the C-Fibre Connector plan.

9 Cancellation 63. Should you wish to cancel the C-Fibre Connector service at any time, you may do so by giving Cell C one calendar month s written notice. 64. Cancellation of the C-Fibre Connector service will also result in the cancellation of the C-Fibre Connector mobile SIM cards too as these are linked. 65. Should you decide to cancel C-Fibre Connector service less than 24 (twenty four) months after initial activation thereof, or such longer period as Cell C may notify, you will be liable for the pro-rated costs incurred by Cell C in order to provide C-Fibre, of which costs include: 66. The installation fee; 67. The connection fee; and 68. Cost of the Wi-Fi router. 69. In this instance and upon receipt of a written notice of cancellation, the exact pro-rated costs of the above shall be provided to you in writing. General 70. The C-Fibre service is an Unlimited, Unshaped and Unrestricted internet service with no fair usage policy (FUP), no shaping or throttling of traffic applied; however an acceptable use policy (AUP) shall apply in order to regulate the abuse of C-Fibre. Cell C reserves the right, at any time, to implement a Fair Usage Policy ( FUP ) on notice to you. 71. An Acceptable Use Policy ( AUP ) shall apply to C-Fibre. The AUP can be found on the Cell C website and may be amended from time to time. 72. The C-Fibre Connector plan shall only be applicable for person to person usage and the mobile SIM shall not be used for purposes of least cost routing, Server hosting, Internet Cafés, Wi-Fi Hotspots, international bypass, payphones or call centers. Failure to adhere to these conditions shall be a breach of these product terms and conditions and Cell C will have the right to immediately suspend the services. 73. Cell C may amend, modify or otherwise change these Terms and Conditions in its sole and absolute discretion, on notice to you. You will not have a claim against Cell C in this event. 74. It is important that you understand that all customers who make use of C-Fibre Connector plan do so at their own risk and indemnify Cell C, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise (including loss of income or profits), arising from their use of C-Fibre Connector. 75. Cell C reserves the right to suspend C-Fibre Connector if any illegal and/or abusive and/or fraudulent activity, including the sending of spam s, is suspected and if the outcome of an investigation proves that such illegal and/or abusive and/or fraudulent activity did occur Cell C shall be entitled to terminate the C-Fibre with immediate effect. 76. Cell C has the right to withdraw the C-Fibre Connector plans in its sole and absolute discretion and will notify you if it chooses to do so. You will not have a claim against Cell C in this event. 77. Cell C shall not be held liable for the non-conformance of speed tests conducted over a Wi-Fi connection. Speed tests conducted over a Wi-Fi connection is not recommended due to the fact that Wi-Fi technology operates on

10 an open frequency band and is prone to a lot of environmental interference and noise, the number of devices connected simultaneously causes the Wi-Fi speeds to deteriorate and the Wi-Fi range or distance could also hinder the speed performance. Cell C C-Fibre Connector subscribers are advised that speed tests for C Fibre must be conducted over the wired fibre connection i.e. Computer must be connected directly to the router via the Ethernet port to determine the actual line speeds of the C Fibre service. In order to run a speed test C-Fibre Connector subscribers are advised to use speedtest.net, select the Cell C server and run the test.