Terms and Conditions
Mzansi Connect hereby sell the service to the subscriber on the terms and conditions herein contained, which terms and conditions the subscriber is deemed to have familiarizes him/herself with and to have irrevocably accepted.
By using any service from Mzansi Connect , the user bind him/herself to the terms of service as set out below.
Interpretation/ Definition
“The subscriber”
The party who has purchased the service and/or any person using the service.
“The service”
The Internet service described herein provided by Mzansi Connect (Pty) Ltd to the subscriber as detailed in terms and conditions herein contained.
“AUFUP” means the Acceptable Use and Fair Use Policy
“Free Installation” - Services with a “Free Installation” may be limited to specific packages/products, areas, agreement term, minimum monthly spend and/or other criteria. Contact Mzansi Connect Sales team to get written confirmation that the service you wish to sign up for, qualifies as a “Free Installation”.
“Provision of service”
Open serve(Infrastructure provider) will be solely responsible for the responsible, unless for provisioning, configuration and maintenance of all equipment on subscriber premises including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the Subscriber to obtain and retain access to the required service (s).
The subscriber shall be liable to install, connect plug and play services i.e. LTE/5G services describe as self-services devices.
Applicable Law: South African law governs this Agreement.
“Availability of service”
Mzansi Connect shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100% uptime.
Mzansi Connect is, however, unable to guarantee 100% uptime. Mzansi Connect shall strive at all times to provide subscribers with prior notice, where possible, scheduled maintenance so as to avoid service interruption to Subscribers.
Mzansi Connect shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
Mzansi Connect will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.
“Premises”
The space occupied by a Subscriber where Open serve ONT equipment and connectivity are installed.
1. General subscriber etiquette/compliance requirements
1.1 The subscriber acknowledges and agrees that Subscribers are expected to abide by generally Accepted Etiquette. The subscriber shall not use the service in a manner which:
1.2 Constitutes a violation of any law, regulation or tariff that may be offensive to Internet users as listed below:
- Content that is defamatory or violates a person’s privacy.
- Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
- Pirated software sites, hacking and spamming.
- Illegal gambling sites.
- 1.5 Tends to damage the name or reputation of Mzansi Connect (Pty) Ltd its holding company, affiliates or subsidiaries and partners.
- The subscriber undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by the service provider.
2. Payment for service
2.1 Mzansi Connect (Pty) Ltd will issue an invoice every month to the client on related month to month packages.
2.2 Pre -paid packages: You may pay the service fees by EFT, or credit card or One voucher.
2.3 Monthly Subscriptions: The charge for a subscription for the Service is based on a monthly fee, payable monthly in advance by the subscriber to Mzansi Connect (Pty) Ltd , including a pro-rata charges or deposits for the first month’s billing.
a) These services are based on a month-to-month contract for services to be activated and de-activated as per request of the client.
b) Requests for activation and de-activation of services should reach Mzansi Connect (Pty) Ltd at least three days prior to the activation date in order to forward an invoice and receive a proof of payment in advance before scheduling the activation of the service.
2.4 Mzansi Connect (Pty) Ltd reserves the right to withhold access/connectivity for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination is fulfilled.
2.5 Should the client fail to pay any amount owing to Mzansi Connect (Pty) Ltd on the due date,
Mzansi Connect (Pty) Ltd shall be entitled, in its discretion and without prejudice to any rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the subscriber.
2.6
Mzansi Connect (Pty) Ltd shall be entitled to take all such steps, without notice to the subscriber, as may be necessary to recover such outstanding amount. The subscriber shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount including attorney client fees.
2.2.8
Mzansi Connect (Pty) Ltd furthermore reserves the right to inform any or all credit bureau agencies within the Republic of South Africa of payment default, of any such subscriber who fails to comply with the payment agreement for subscription to services. In addition,
Mzansi Connect (Pty) Ltd will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
2.2.9
Mzansi Connect (Pty) Ltd reserves the right to amend service subscription charges at its sole discretion. Mzansi Connect (Pty )Ltd shall give the subscriber 30 (thirty) day notice of any such amendment and the subscriber shall be bound to such adjustments.
2.2.10 Service callout fees do not form part of the monthly subscription and will be billed separately to the subscriber at the prevailing rate as set by
Mzansi Connect (Pty) Ltd as set out by the infra structure service provider.
3 Subscriber equipment
3.1 On related packages, which are including ONT free devices where the subscriber equipment is faulty, where the subscribers Local Area Network (LAN) or Wireless Local Area Network (WLAN) was tampered with or wrongly configured by the subscriber or any third party.
3.2 where the subscriber relocates and the equipment must be reinstalled at a new location.
3.3 the realignment or repositioning of antennas due to external forces like unforeseen weather conditions, tampering of the antenna by the subscriber or third party, or unforeseen obstructions erected or growing (e.g., trees), (but not limited to) in front of the radio signals needed for operation.
4 Suspension/disconnection of service
4.1 Mzansi Connect Pty Ltd may from time to time and without notice, suspend and/or disconnect a subscriber from the service in any
of the following circumstances:
4.2 During any technical failure, modification or maintenance of the service, provided, that
Mzansi Connect (Pty )Ltd will use its reasonable endeavours to resume the service as soon as possible.
4.3 Should the subscriber fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in
Mzansi Connect (Pty) Ltd opinion may have negatively affected the operation of the service.
4.4 If the subscriber fails to make the required payment of such monies due to Mzansi Connect (Pty) Ltd for subscription to the service, and/ or in the event of a subscriber being in arrears with no attempt from the subscriber to resolve.
4.5 Notwithstanding any suspension of the service in terms hereof, the subscriber shall remain liable for all charges due throughout the period of suspension unless
Mzansi Connect (Pty) Ltd in its sole discretion determines otherwise in writing.
5 Termination of service
5.1 Under normal circumstances, 30 (thirty) calendar days written notice from either party for any reason whatsoever is required to terminate an existing service.
You may terminate any Services on 30 days written notice to Mzansi Connect (Pty) Ltd in one of three ways:
- Calling our admin team/WhatsApp on 065 686 5199
- Sending an email to accounts@mzansiconnect.co.za
6. Regulatory compliance
5.1 The subscriber undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The subscriber furthermore acknowledges that the imposition of regulations by such a body may necessitate amendments to be affected to these terms and conditions and hereby consents to Cyber South effecting such amendments without prior notice.
6. Indemnity
6.1 The subscriber hereby indemnifies and holds Mzansi Connect Pty Ltd , its employees, agents, dealers, partners and/or distributors harmless against all losses, injury, damage, penalties, and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
7 Force Majeure: We will not be responsible for any breach of the Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
7. Acceptance of Terms
7.1 The subscriber acknowledges and agrees that these terms and conditions govern the subscriber’s use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
7.2 Mzansi Connect (Pty) Ltd shall deem that the subscriber has acknowledged and agreed to the terms and conditions and confirm his/hers acknowledgement by using the service even if the subscriber has subscribed via telephone, application form, verbally, or by any form electronically.
7.3 Mzansi Connect (Pty) Ltd will be entitled to verify the information contained on the client’s order form/online Lead form and generally make enquiries it deems necessary.
Privacy Policy for Mzansi Connect (Pty) Ltd
1. Introduction
This Privacy Policy explains how Mzansi Connect (Pty) Ltd processes the personal information of our subscribers in accordance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable South African laws.
Your privacy is of utmost importance to us. We are committed to protecting your personal information and ensuring it is handled responsibly, securely, and transparently.
2. What Personal Information We Collect
We collect and process various types of personal information to provide our services. This information may include:
- Identifying Information: Your full name, ID number, and date of birth.
- Contact Information: Your physical address, postal address, email address, and phone number.
- Financial Information: Your banking details for billing and payment purposes.
- Service and Usage Information: Your IP address, details about your internet usage (e.g., data consumption, connection times), and information related to the devices you use to access our services.
- Technical Information: Browser type, operating system, and a record of the pages you visit on our website. This is often collected using cookies (see Section 8).
- Communications: A record of any correspondence or communication you have with us, including customer support queries.
3. How We Collect Your Information
We collect personal information directly from you when you:
- Sign up for one of our internet packages.
- Complete an online application or form on our website.
- Contact us via phone, email, or social media.
- Enter into a contract with us for our services.
We may also collect information indirectly from third parties, such as the Fibre Network Operator (FNO) that services your area, to provision and manage your internet connection.
4. Why We Collect and Process Your Information
We process your personal information for the following specific and legitimate purposes:
- To provide and manage your internet services: This includes provisioning your connection, managing your account, and ensuring the service is delivered effectively.
- For billing and payments: To process payments for our services and manage your billing account.
- For customer support: To respond to your queries, resolve technical issues, and provide assistance.
- For legal and regulatory compliance: To comply with our obligations under POPIA, the Electronic Communications and Transactions Act (ECT Act), the Regulation of Interception of Communications and Provision of Communications-Related Information Act (RICA), and other relevant laws.
- To improve our services: We may use aggregated, non-personally identifiable information to analyse trends, monitor the performance of our network, and improve our offerings.
- For marketing purposes: With your explicit consent, we may send you information about new products, services, or promotions that we believe may be of interest to you. You have the right to opt-out of these communications at any time.
5. Disclosure of Your Personal Information
We will not sell, rent, or lease your personal information to any third party. We may, however, disclose your information to the following parties on a "need-to-know" basis to fulfil the purposes outlined above:
- Fibre Network Operators (FNOs): We share your name, address, and contact details with the FNO in your area to facilitate the installation and maintenance of your fibre line.
- Payment Processors: We share financial information with accredited payment gateways to securely process your payments.
- Law Enforcement and Regulatory Bodies: We will disclose your information when required to do so by a court order or other legal process under South African law.
- Other Service Providers: We may use other third-party service providers (operators) to assist us in our business operations. We have agreements in place with these operators to ensure they comply with our privacy standards and POPIA.
6. Security Safeguards
We are committed to protecting your personal information. We implement reasonable technical and organizational measures to prevent loss, misuse, destruction, or unauthorized access to your information. These measures include:
- Data encryption, secure servers, access controls, firewalls, and regular security audits.]
7. Cookies and Tracking Technologies
Our website may use cookies to enhance your browsing experience. Cookies are small text files placed on your device. We use them for:
- Essential functionality: To enable core site features, such as login sessions.
- Analytics: To understand how users interact with our website, which helps us improve its design and functionality. This data is typically aggregated and anonymous.
You can configure your browser to refuse cookies, but this may affect the functionality of our website.
8. Your Rights as a Data Subject
Under POPIA, you have the right to:
- Access your information: Request a copy of the personal information we hold about you.
- Correct your information: Request that we correct any inaccurate or incomplete information.
- Request deletion or destruction: Ask us to delete or destroy your personal information under certain circumstances.
- Object to processing: Object to the processing of your personal information, including for direct marketing.
- Lodge a complaint: You have the right to lodge a complaint with our Information Officer or with the Information Regulator of South Africa.
9. How to Exercise Your Rights
To exercise any of your rights or to ask questions about this Privacy Policy, please contact our Information Officer using the contact details provided in Section 2. We may need to verify your identity before processing your request.
10. Email & your Opt-Out Option.
From time to time, Mzansi Connect may send you email messages about new products or services, site updates, special offers and promotions, or other information of special interest to you. However, if you prefer to ease your email load or just aren’t interested in the information, you can “opt-out” of our email program by simply following the “unsubscribe” instructions contained in each email message.
11. Updates to this Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or to comply with new legal requirements. The updated policy will be posted on our website, and the effective date will be amended. We encourage you to review this policy periodically.