Terms and Conditions

1. Service Provider

The service provider is:

• Emtelle (Pty) Ltd
• Registration number: 2013/163816/07
• Trading as: Emtelle ISP
• Country of domicile: Republic of South Africa
• Physical address: 159 Cecilia Road, Ashlea Gardens, Pretoria, 0081
• Customer-service email: info@emtelle.africa
• Notice / legal email: dewald@emtelle.africa
• Telephone: 012 364 2403
• Website: www.emtelle.africa

2. Application of These Terms

• These terms apply to residential internet services supplied by Emtelle ISP.
• These terms must be read together with any quotation, order confirmation, invoice, online checkout record, service confirmation and residential internet services agreement concluded with the customer.
• By placing an order, making payment, accepting an online checkout, signing an agreement, or using the service after activation, the customer accepts these terms.

3. Services Supplied

• Emtelle ISP supplies residential internet access services.
• The specific service selected by the customer, including the package, service type, speed, monthly fee, once-off fees, equipment position, fair usage rules and minimum term, will be recorded in the applicable quotation, order confirmation, invoice, online checkout record or customer agreement.
• Services are supplied at the installation address provided by the customer and are subject to feasibility, infrastructure availability, network availability, successful installation or activation, and any required third-party consent.
• Unless expressly agreed in writing, the service is supplied for ordinary residential use and may not be resold, publicly redistributed or commercially exploited.

4. Pricing, Currency and Payment

• Prices are as quoted, invoiced or displayed to the customer during checkout.
• Unless otherwise stated, all prices include VAT.
• All transactions are processed in South African Rand (ZAR).
• Monthly service fees are payable monthly in advance.
• Once-off fees, including installation, activation, equipment, reconnection or other disclosed charges, are payable when invoiced or when the order is placed.
• Any applicable once-off charges, recurring tariffs, cancellation charges, equipment charges, reconnection charges, fair usage rules or product-specific limitations will be disclosed in the relevant quotation, invoice, checkout record, service confirmation or customer agreement.
• Emtelle ISP may accept payment by EFT, debit order, credit card, debit card, or any other payment method made available from time to time.
• Accepted payment methods and card/payment logos must be displayed on the website or checkout page in the format authorised by the relevant payment provider or card scheme.
• A payment is only regarded as received once it reflects as successful and irrevocably received by Emtelle ISP or its payment service provider.

5. Card Payment Security

• Card payments are processed through Payfast or another approved third-party payment gateway.
• Emtelle ISP does not store full credit-card or debit-card details on its own systems.
• Payment-card details are processed through the secure payment infrastructure of the relevant payment gateway.
• Customers must ensure that all payment information submitted is accurate and authorised.
• Where recurring card payments are made available, the customer will be informed of the recurring nature of the payment, the amount or method of determining the amount, the payment frequency, and the cancellation process before authorising the recurring payment.

6. Installation, Activation and Service Delivery Policy

• As Emtelle ISP supplies internet services, “delivery” means installation, activation and provision of the selected service at the customer’s installation address.
• Installation and activation will be scheduled by arrangement with the customer after approval of the application and, where applicable, receipt of required payment.
• Any installation or activation date provided to the customer is an estimate unless Emtelle ISP expressly confirms a guaranteed date in writing.
• Installation and activation may be delayed by lack of access, landlord or body corporate approval issues, unsafe premises, infrastructure constraints, wayleave issues, third-party network issues, power failure, equipment availability, or circumstances beyond Emtelle ISP’s reasonable control.
• The customer must ensure that the installation address is accessible, safe and suitable for installation.
• Where the customer is not the owner of the premises, the customer is responsible for obtaining any required landlord, body corporate, homeowners’ association, managing agent or other third-party consent.

7. Equipment

• Emtelle ISP may supply, install, configure, replace or require such equipment as may be reasonably necessary for connection, activation, maintenance, support, security or continued functioning of the service.
• Unless Emtelle ISP expressly records in writing that equipment has been sold to the customer, all equipment supplied by Emtelle ISP remains the property of Emtelle ISP.
• On cancellation or termination, the customer must return any Emtelle-owned, loaned or rented equipment in good working condition, fair wear and tear excepted.
• The customer may be liable for the reasonable replacement cost of equipment which is not returned, or which is returned damaged through misuse, negligence, tampering, unauthorised relocation or unauthorised reconfiguration.

8. Refund Policy

A customer may request a refund by contacting Emtelle ISP using the contact details set out above.

Refunds may be approved where:

• a payment was made in error;
• a duplicate payment was made;
• the amount paid exceeded the amount properly due;
• Emtelle ISP is unable to provide the selected service due to lack of feasibility or network availability, and no alternative service is accepted by the customer;
• the customer validly cancels before installation or activation and before Emtelle ISP has incurred non-refundable costs; or
• a refund is required by law.

Refunds will not ordinarily be granted for:

• monthly service periods already used;
• installation, activation or other once-off work already performed;
• equipment supplied and not returned in good working condition;
• customer-side issues, including power failure, internal wiring, device faults, Wi-Fi interference, customer-owned equipment or unauthorised equipment; or
• service interruption, degradation or delay outside Emtelle ISP’s reasonable control.

• Approved refunds will be processed within a reasonable time after approval, subject to the processing times of the relevant bank or payment gateway.
• Where payment was made through Payfast or another payment gateway, any approved refund may be processed through that payment gateway.
• A refund will not exceed the amount originally paid by the customer for the relevant transaction.

9. Cancellation Policy

• Unless a fixed term is agreed in writing, services are supplied on a month-to-month basis.
• A customer may cancel a month-to-month service on 20 business days’ written notice.
• Where a fixed-term agreement applies, the customer may cancel on 20 business days’ written notice, subject to payment of amounts owing up to cancellation and any reasonable cancellation charge lawfully recoverable.
• Cancellation requests must be submitted in writing to Emtelle ISP.

On cancellation:

• all outstanding amounts become payable;
• Emtelle ISP may issue a final invoice;
• the customer must return any Emtelle-owned, loaned or rented equipment; and
• Emtelle ISP may recover any lawful outstanding fees, equipment replacement costs, cancellation charges or other amounts due.

Cancelling a payment method, debit order, card authorisation or recurring payment arrangement does not cancel the service. The customer must separately cancel the service in writing.

10. Service Availability and Support

• Emtelle ISP will use reasonable endeavours to provide a reliable residential internet service.
• Unless a specific service level is expressly agreed in writing, the service is provided on a best-effort basis.
• Emtelle ISP does not guarantee uninterrupted, fault-free or error-free connectivity.
• Emtelle ISP may perform planned or emergency maintenance where reasonably necessary.
• Customers must report faults through Emtelle ISP’s designated support channels and must reasonably assist with troubleshooting.

11. Acceptable Use and Suspension

• The customer may not use the service for unlawful, harmful, abusive, fraudulent or network-disruptive conduct.
• Prohibited conduct includes spam, malware distribution, unauthorised access, network scanning, denial-of-service activity, copyright infringement, harassment, resale of the service, public redistribution of the service, or any use which interferes with the network, other users, or Emtelle ISP’s infrastructure.

Emtelle ISP may suspend or restrict the service where:

• the customer fails to pay any amount due;
• a payment is reversed, rejected or dishonoured;
• the customer breaches these terms or any applicable customer agreement;
• the service is used unlawfully or abusively;
• suspension is required by law, court order, regulator, network provider or competent authority; or
• suspension is reasonably necessary to protect network security, network integrity, other users, or Emtelle ISP’s infrastructure.

Suspension does not relieve the customer from liability for amounts already due.

12. Privacy and Personal Information

• Emtelle ISP may process customer personal information for onboarding, installation, service provision, billing, payment processing, debit order processing, customer support, fault management, network administration, regulatory compliance, debt collection and enforcement of its agreements.
• Personal information processed may include the customer’s name, identity number, contact details, installation address, billing details, bank account details, payment information, service usage information, support information and technical information.
• Emtelle ISP may share personal information with banks, payment processors, infrastructure providers, installers, technical contractors, support providers, debt collectors, professional advisers, regulators, courts or authorities where reasonably necessary or legally required.
• Emtelle ISP will take appropriate, reasonable technical and organisational measures to protect personal information.
• Privacy-related requests may be directed to Emtelle ISP using the contact details set out above.

13. Limitation of Liability

• Emtelle ISP is not liable for indirect, special or consequential loss, including loss of profit, loss of business, loss of data, loss of income, reputational loss, or loss arising from interruption, degradation or unavailability of the service.
• Nothing in these terms excludes liability which cannot lawfully be excluded.
• Nothing in these terms limits or excludes liability for gross negligence to the extent that such limitation or exclusion is prohibited by law.

14. Complaints and Disputes

• Customers may submit complaints, refund requests, cancellation requests or billing disputes to Emtelle ISP using the contact details set out above.
• The parties must first attempt to resolve disputes by written escalation to Emtelle ISP’s customer support or designated representative.
• If a dispute is not resolved within a reasonable time, either party may refer the dispute to any competent court, regulator, ombud or statutory body having jurisdiction.

15. Changes to These Terms

• Emtelle ISP may amend these terms, pricing, packages, operational rules, equipment requirements or policies on reasonable prior written notice.
• Where a change is materially adverse to the customer, the customer may terminate the service before the change takes effect.
• Continued use of the service after the effective date of a notified change constitutes acceptance of the change, provided the customer was given reasonable notice and a reasonable opportunity to cancel.

16. Governing Law

• These terms are governed by the laws of the Republic of South Africa.
• Nothing in these terms limits any consumer right or cooling-off right which applies by law.

17. Checkout Acknowledgement

• These terms, including the payment, refund, cancellation and service delivery policies, must be made available to the customer before payment is completed.
• Where payment is made online, the customer must confirm acceptance of these terms during the checkout process before submitting payment.
• The total amount payable, applicable service description, payment method, transaction currency and relevant cancellation or refund restrictions must be displayed to the customer before payment is submitted.