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Supersonic General Terms and Conditions

Disclaimer
NOTE:
  1. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX (Proprietary) Limited, Registration Number 2004/010046/07 (“Supersonic”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies Supersonic and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against you.
  2. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
  3. Please read these Terms and Conditions carefully. Participation in these Promotional offers will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in these Promotional offers.
  4. The complete Terms and Conditions for each product will be formed by the latest Supersonic General Terms and Conditions, together with each of the Product Specific Terms and Conditions.

  5. SECTION 49 OF THE CONSUMER PROTECTION ACT NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, AND 12.

Definitions
  1. Definitions
    1. “Acceptance Date” means the date on which you have accepted the Agreement, whether verbally, in writing or by way of electronic medium, including but not limited to clicking “I agree” on a Supersonic web page or via telephonic conversation.
    2. “Activation Date” means the date on which Supersonic will give you access to and/or enable you to use a product.
    3. “Agreement” means the agreement concluded between yourself and Supersonic in respect of the product or service contemplated in the Application Form which will be exclusively governed by these general terms and conditions and the product specific terms and conditions applicable to the relevant product or service (“Product Specific Terms and Conditions of Use”) read together with the Application Form.
    4. “Application Form” means the document/s (which includes electronic documents and online forms) on which (inter alia) you have selected Supersonic product/s and/or service/s for which you would like to apply.
    5. “AUP” means the Supersonic Acceptable Use Policy, which all Customers are obliged to adhere to as legislated for safe and responsible use of the Supersonic network and services without interference, prejudice and/or harassment from others.
    6. “Bearer Service” means the Connectivity medium providing access to the Supersonic broadband service. This includes but is not limited to the physical fibre infrastructure, microwave links, LTE and/or LTE-A deployments between the backbone network and the Supersonic provided Equipment within the end user’s premises, whether Supersonic owned or through partnership and/or open access agreements with other providers.
    7. “Business Day” means Monday to Friday, excluding Saturday, Sunday and all official South African public holidays.
    8. “Business Hours” means the Supersonic business hours between 08H00 and 17H00 on a Business Day.
    9. “Connectivity” ” means the access to the Internet provided to you by Supersonic products and services.
    10. “Contact Centre Hours” means the call centre operating hours between 07H00 and 22H00 on a Business Day, and 08H00 and 17H00 on weekends and official South African public holidays.
    11. “Effective Period” means the period in which Supersonic will grant you access to and/or enable you to use a product, for example time based free Wi-Fi access in public areas.
    12. “Equipment” means all hardware and any associated software used to access the services, or used in conjunction with the services, including but not limited to routers, Wi-Fi devices, SIM cards, antennae and telephone handsets.
    13. “FTTB” means the Fibre to the Business service, provided to Small-to-Medium-Enterprise (SME) users for business use, including Small Office/ Home Office (SOHO) applications where fibre is provided to home users for business use.
    14. “FTTH” means the Fibre to the Home service provided to home users for personal use.
    15. “GPON” means the Gigabit Passive Optical Network which is the final leg of the fibre network used to deliver internet service to FTTH customers.
    16. “HPBX” means the Hosted Private Branch Exchange delivered and managed by Smart Village over the internet.
    17. “Installation” means the installation, configuration and activation of the end user Equipment within the end user’s premises. This includes but is not limited to fibre trenching, cabling and fixtures for microwave antenna, and outdoor LTE-A Equipment.
    18. “Trial” means to assess the suitability or performance of the supersonic fibre service for the limited period of a single billing month.
    19. “MDU” means a Multiple-Dwelling-Unit which is a multitenant building with multiple offices or apartments.
    20. “Meshed Network” means a smart managed home Wi-Fi network consisting of multiple Smart Wi-Fi devices connecting directly, dynamically and non-hierarchically to each other to efficiently route data between user devices and the internet.
    21. "ONT" means the Optical Network Terminal which is the device that converts the optical signals of the fibre network to the digital signal to which the Wi-Fi router is connected in the home.
    22. “Product Specific Terms and Conditions” means the terms and conditions of use applicable to those specific products and/or services.
    23. “QoS” means Quality of Service which is an advanced feature of a router which prioritises internet traffic for applications, services or specific devices.
    24. “Smart Wi-Fi device” means the intelligent Wi-Fi device used to propagate a Wi-Fi signal in a customer home to create a smart managed home network.
    25. “Smart Wi-Fi NOC” means the Supersonic Network Operations Centre, to and from which Smart Wi-Fi devices send and receive diagnostic, maintenance and administrative data. The Smart Wi-Fi NOC enables Supersonic technical engineers to remotely support customer Smart Wi-Fi networks.
    26. “Supersonic Territories” means all estates, suburbs, business parks and malls which have Connectivity to Supersonics’ network and/or access to Supersonic products and/or services.
    27. “VLAN” means Virtual Local Area Network which is a broadcast domain that is partitioned and isolated at the data link layer, allowing network capacity to be allocated to services on this network.
    28. “VoIP” (Voice over Internet Protocol) means the voice and multimedia IP telephony service delivered over the internet.
General Terms and Conditions
  1. General Terms and Conditions
    1. Acceptable Use Policy
      1. All Supersonic customers will be subject to Supersonic acceptable use policy, whereby Supersonic reserves the right, to take the necessary action to prevent improper, excessive or abusive use of the product and/or service. Such action includes but is not limited to throttling, suspension or deactivation of a customer’s usage, where usage is deemed excessive, fraudulent and/or in contravention of the law. For further detail please refer to Supersonic web page.
    2. Upgrades
      1. Supersonic customers who elect to upgrade a service contract for the same bearer service, within the period of a promotional offer, will not receive additional promotional value, for example Installation, Connectivity and / or Equipment.
      2. Existing Supersonic customers may upgrade their service to a package of the same spend or higher on the same bearer service at no additional charge.
      3. The number of allowed upgrades within a period will be defined within each Product Specific Terms and Conditions.
    3. Downgrades
      1. A downgrade charge will apply if a customer chooses to downgrade to a lower speed product on the same bearer service. The downgrade charge will be based on an applicable regrading fee specified in the Product Specific Terms and Conditions, and the pro-rated value of any promotional items on the higher priced product.
      2. The number of allowed downgrades within a period will be defined within each Product Specific Terms and Conditions.
    4. Migrations
      1. Bearer Service migrations
        1. A customer migrating from a product on one bearer service, to a product on a different bearer service, will be required to cancel the initial product and pay any applicable claw back charges for that product, and return any rental Equipment before signing a new contract for the product on the new bearer service.
      2. Product migrations on the same Bearer Service
        1. Customers will not be allowed to migrate a product to another which has been discontinued or has reached end-of-life.
        2. Customers who elect to migrate between residential products and business products are required to cancel their existing contracts, subject to applicable claw back charges and the return of any rental Equipment, before signing new contracts for the new products.
        3. Customers will be able to migrate between products on the same bearer service in Supersonic Territories where Supersonic is able to offer the same bearer service from different infrastructure providers, for example in territories where Supersonic owned fibre infrastructure and open access partner fibre infrastructure have been deployed. These migrations may be subject to Installation and new Equipment charges where the existing installation and Equipment does not meet the Connectivity requirements.
      3. Physically moving a service
        1. If a customer moves a service with fixed infrastructure and/or Equipment from one premises on one network, to another premises on the same network within an existing claw back period, the agreement will remain in place for the duration of the initial term. No additional promotional value will be given, and any new installation and equipment required to relocate the service to the new premises will be charged to the customer in full. If the customer elects to change to a new package at the new premises as part of moving the service, it will be regarded as an upgrade or downgrade, and the relevant terms and conditions will apply. If the move takes place after the claw back period, it will be considered as a new agreement.
        2. If a customer moves a service from one premises which does not require any fixed infrastructure to another which does, any additional cost of Equipment or Installation required will be charged in full to the customer, for example if an LTE-A customer moves from an area where the coverage is sufficient to not require any fixed antennas or outside Equipment, to an area where additional Equipment is required to have sufficient Connectivity to the LTE-A network, the cost of the additional Equipment and Installation will be charged to the customer.
    5. Cancellations
      1. A cancellation charge will apply if a customer cancels the service prior to the expiration of the applicable claw back period. The cancellation charge will be based on applicable Equipment, Connectivity and Installation claw back for the product. All amounts currently due and owing will be included in the charge. Any rental Equipment included in the service not returned to Supersonic upon cancellation, will be charged for in full at the prevailing retail price.
      2. Customers are required to provide one calendar months’ notice in writing before cancelling the product and/or service.
  2. RICA
    1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number (Certified Copy of Identity Document) and residential address to a RICA officer when taking up Supersonic broadband services. This is necessary to activate you as a customer on the Supersonic network.
    2. Supersonic is obliged by law not to activate services on the Supersonic network if you have not complied with the RICA registration requirements.
    3. If you change ownership to a third party, the purchased Supersonic service(s) is not transferable.
  3. Promotional Items
    1. Various promotional items may be marketed to clients as part of a campaign. These promotional items could vary per bearer service, bearer infrastructure provider and geographical location and will be marketed while stocks last.
    2. In the event of a contract migration to a product to which the promotion does not apply, or cancellation, the customer will be liable to pay back the value of the promotional item, pro-rated over the pay-back period specified in the Product Specific Terms and Conditions, which is referred to as the claw back amount.
  4. Equipment
    1. All manufacturer's warranties, for the repair or replacement of faulty Equipment will be available to the Client for purchased Equipment. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage, or any damage deemed to have been caused by the Client's misuse or mistreatment of the product (including damage due to improper wiring or electrical faults within the client’s premises).
    2. It is the customer’s responsibility to ensure that user names and passwords for provided hardware is kept safe, and it is the customer’s responsibility to provide a South African National Accreditation System (SANAS) compliant power point with earth leakage.
    3. Supersonic reserves the right to replace Equipment with refurbished units, which will be provided under existing warranty conditions.
  5. Modification of Terms and Conditions
    1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. Supersonic will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify Supersonic against any damage or loss you may sustain because of possession and/or use of, Supersonic network services, or any error, delay, failure or non-availability of the service. Visit this website regularly for notices, updates and/or changes to products and services.
    2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
    3. As changes will be posted on this website, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is your responsibility to review these Terms and Conditions regularly.
  6. Limitation of Liability
    1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and subject to clauses 6.1.2 and 6.1.3 below, Supersonic will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
      1. if Supersonic does not supply or deliver any service on the required date or time; or
      2. if the Supersonic network services are interrupted, suspended, or cancelled, for whatever reason; or
      3. if Supersonic does not suspend the provision of the network services to you after you have specifically requested Supersonic to do so; or
      4. if the loss or damage was caused by any negligent act or failure to act by Supersonic, its employees or agents; or
      5. because of the use of any device supplied to you by Supersonic relating to this service.
    2. Clause 6.1.1 above does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which Supersonic gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  7. General
    1. If a Customer reports a service to be faulty and as such a technician is dispatched to the Customer’s site to resolve the fault, and it is found that fault arises from any cause beyond the reasonable control of supersonic (including but not limited to a “force majeure event”), then the Customer will be liable for the unnecessary call-out fees associated with the same.
    2. You will be able to access services only when you are in the Republic of South Africa in an area covered by the supersonic network.
    3. You will be responsible for all products and services upon delivery. Accordingly, supersonic takes no responsibility for any loss or damage of any of the contents of supersonic products, where applicable. In the event of theft or loss of your device, such items must be replaced at your own cost. You are obliged to report such loss or theft to the South African Police Services immediately, and to request supersonic to suspend the account credentials.
FTTH Product Specific Terms and Conditions
  1. The Supersonic FTTH Product Offering

    The product offer consists of the residential price plans available on the www.supersonic.co.za products page for residential customers requiring a service in qualifying Supersonic Territories, available as of the 1st of August 2018

    1. Residential Contract Uncapped (month-to-month contract). This product offer consists of the following:

      1. Uncapped fibre Broadband
      2. Speeds and bandwidth Symmetry dependant on the Fibre Network
      3. Free activation for speeds above 5Mbps, activation charged at a once-off rate of R 1000 (incl. VAT) for the 4Mbps and 5Mbps Uncapped products
      4. Promotional installation (up to 8 Meters for MTN/ Openserve Network and up to 15 Meters for Metrofibre Networx ) as well as 1-hour onsite support, Connection, Wi-Fi router included, T&C’s apply.
      5. Additional fibre installation charged at R160 (excl. VAT) per linear Meter.
      6. First 30 meters of trenching is free for Frogfoot Network and R50 per linear meter thereafter.
      7. Customers will be offered the option to pay Supersonic the additional fibre installation costs upfront, or be charged interest free instalments over 12 months or 24 months with their monthly fibre service fee.
  2. Product Support
    1. As a result of the nature of the GPON fibre network, and the reliance on Open Access Fibre Network Operators, vendors and their partners, Supersonic is not able to offer service level agreements with the residential fibre service. Supersonic will however, endeavour to meet the following service level commitments:

      1. critical network outages affecting an estate or suburb restored within 4 (four) business hours;
      2. major network outages affecting 100 (one hundred) or more customers restored within 8 (eight) business hours;
      3. minor network outages affecting 10 (ten) or more customers restored within 24 (twenty four) business hours; and
      4. individual residential customers restored within 48 (forty eight) business hours.
    2. The Supersonic contact centre is available at 0861 845 5243 during the following time periods:

      1. weekdays between 8AM and 8PM; and
      2. weekends and public holidays between 8Am and 5PM.
    3. Where a call out can be attributed to a fault caused by the customer, the customer will be charged a call out fee as per the following schedule and fees:

      1. weekdays during 8AM and 5PM, a charge of R550 (excl. VAT) per hour;
      2. weekdays after 5PM and Saturdays, a charge of R690 (excl. VAT) per hour; and
      3. Sundays and public holidays, a charge of R920 (excl. VAT) per hour.
  3. Value Added Services
    1. A VoIP line rental subscription is available at an additional monthly fee, and VoIP phones/handsets are available for purchase from Supersonic. VoIP product specific Terms and Conditions will apply.
    2. Fixed/Static IP addresses are available upon request, charged at a monthly rate per block of addresses subject to fibre network provider compatibility. Please contact Supersonic for available options.
    3. A Smart Managed Wi-Fi solution comprising Smart Wi-Fi devices and a mobile application-based management tool is offered based on the outcomes of the complementary Wi-Fi assessment included in the 1-hour onsite support. The Smart Managed Wi-Fi product specific Terms and Conditions will apply.
  4. Connectivity, Installation and equipment
    1. Supersonic will supply a Wi-Fi router, which the customer will pay for over the initial 24 (twenty four) month period.
    2. Customers who receive connectivity and installation at no additional charge with a product offer will be liable for additional installation costs where more than the inclusive promotional distance of fibre is required. These additional costs will be specified in the quotation prior to commencement of installation.
    3. Customers who qualify for free installation and connectivity on the selected product promotion, but do not require a new installation or Connectivity and/or router, will not benefit from any pay out, value offset, or cash equivalent for the full value or any portion of the inclusive promotional items.
    4. The customer will be required to grant Supersonic field services and their representatives access to work internally and externally at the customer premises for installations and maintenance, and will be required to obtain all necessary consent including planning permission where required, from landlords, tenants and other occupants
    5. The customer shall maintain and operate compatible equipment and devices required to access the Supersonic services and Supersonic makes no representation of warranties, either expressed or implied, regarding such customer equipment.
    6. The customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off. This excludes network equipment like infrastructure provider installed ONT’s. It is the customer’s responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.
    7. Supersonic supplied equipment carries a 12 (twelve) month replacement warrantee, which warrants against failures due to manufacturing defects. The customer will be responsible for repair costs to faulty equipment, which is outside of the warranty period, and where the inflicted damage has not resulted from a manufacturing defect. Supersonic supplied routers will carry a warranty for the duration of the rental period. Supersonic reserves the right to replace warranty replacement equipment with refurbished equipment.
  5. Contract Term
    1. The Supersonic FTTH contract ownership is non-transferable.
    2. Billing of the Supersonic FTTH service will take effect from the date of Supersonic service activation. All costs incurred by the fibre network provider to install fibre infrastructure and equipment shall be borne by the customer should an application cancellation request be received by Supersonic prior to the activation of the service.
    3. The Supersonic FTTH product offering is available on month-to-month contract terms with a claw back period of 24 (twenty four) months from initial contract term start for any inclusive promotional items, for example if a customer who receives a free Wi-Fi router and installation cancels the service before 24 (twenty four) months from initial start, the customer will be liable for a pro-rated retail price of these items in claw-back charges from the date the service has been terminated.
    4. This agreement shall continue unless terminated with 1 (one) calendar months’ written notice subject to claw back costs.
    5. Supersonic may terminate this agreement at its discretion, for reasons other than breach, and endeavours to take all reasonable means to provide 1 (one) calendar months’ notice the customer.
    6. The customer will remain liable under this agreement, for all fees and charges until the agreement has been completely terminated.
Smart Wi-Fi Product Specific Terms and Conditions
  1. The Supersonic Smart Wi-Fi Product Offering

    The Product Offer consists of the following Price Plans made available to qualifying Supersonic FTTH customers, available from 1st August 2018 and valid till 31st December 2018 subject to exchange rate fluctuation:

    1. New uncapped Supersonic FTTH Broadband packages offered from 1st August 2018 include a Wi-Fi router and 1-hour onsite support. A complementary Wi-Fi network evaluation is offered during the 1-hour onsite support, where the need for improved coverage and intelligent network management will be assessed and recommendations made to the customer.
    2. These recommendations are based on the Supersonic Managed Smart Wi-Fi Network offer, comprising Smart Wi-Fi devices and a managed service accessed through a mobile application. Each device requires an active management subscription for it to remain active on a Managed Smart Wi-Fi network.
    3. The Supersonic Managed Smart Wi-Fi Network product offer includes one device and its management fee included in the new Supersonic FTTH subscriptions from 1st August 2018, for line speeds above 4Mbps, for a period of 24 months from the initial FTTH contract term start with the purchase of two (2) or more devices.
    4. Additional Smart Wi-Fi devices are charged at the rates which can be found on this web site.
    5. Product Specific Uncapped FTTH Terms and Conditions apply.
    6. Supersonic FTTH customers agreeing to purchase the Smart Wi-Fi devices as recommended by the on-site evaluation, will be given a period of 14 days from installation in which to cancel the purchase to avoid charges.
    7. These Smart Wi-Fi devices will remain the property of Supersonic until paid for in full, and If a customer wishes to cancel within 14 days, any Smart Wi-Fi devices which the customer elects not to purchase, should be returned to Supersonic.
    8. All devices returned to Supersonic during or at the end of the 14-day trial period should be returned in original condition. Any damages will be charged to the customer at the supplier repair rates inclusive of any applicable shipping.
    9. Should the Customer agree to continue using the Smart Wi-Fi devices after the 14-day period, the customer will be liable for full payment based on the selected options at the next supersonic billing cycle.
    10. Should a Customer elect to cancel after the 14-day trial period, but before the first billing cycle, a charge for a full month of a 24-month Smart Wi-Fi device contract will be levied on the first bill regardless of whether the once-off or monthly option was initially chosen, and the devices returned to supersonic under the conditions set out in clause 1.8 above.
    11. All monthly contract cancelations after the first Supersonic bill cycle will be subject to a pro-rata claw-back on the full 24-month contract value.
  2. Product Support
    1. The customer is given the tools to manage and support their own Wi-Fi network through the downloadable Supersonic mobile application.
    2. Each Smart Wi-Fi device with an active management licence (paid management fee) will also report operational information to the Supersonic NOC for support and administration.
    3. The Supersonic Smart Wi-Fi NOC provides diagnostic information for the Supersonic technical support engineers to perform remote maintenance to a customer Meshed Network.
    4. Should the customer require any on-site support to rectify issues which cannot be resolved remotely due to physical changes to their network, for example, moving the physical location of a Smart Wi-Fi device, the standard Supersonic call-out charges will apply.
    5. The support offered will apply to 14-day trials, POC’s and standard customer offers.
    6. The Supersonic contact centre is available at 0861 845 5243 during the following periods:
      1. Weekdays between 8AM and 8PM
      2. Weekends and Public Holidays between 8Am and 5PM
    7. Additional call-out charges (for example, where a call out can be attributed to a fault caused by the customer), the customer will be charged as per the following schedule
      1. Weekdays during 8AM and 5PM, a charge of R550 (excl. VAT) per hour
      2. Weekdays after 5PM and Saturdays, a charge of R690 (excl. VAT) per hour
      3. Sundays and Public Holidays, a charge of R920 (excl. VAT) per hour
  3. Connectivity, Installation and equipment
    1. Supersonic FTTH packages above 4Mbps will include a router and the management fees for one Smart Wi-Fi device for a period of 24-months, subject to the purchase of two (2) or more devices during this promotional period.
    2. Customers who do not elect to purchase the Smart Managed Wi-Fi solution with their FTTH product purchased during the promotional period, will not receive any additional value, rebates or cash back on the included management fee or device.
    3. Customers who purchase additional Smart Wi-Fi devices will be liable for an additional device and management charge, after the initial 24-month period.
    4. Where Supersonic FTTH packages include 1-hour onsite technical support for the installation of the router and initial Smart Wi-Fi device, Supersonic will endeavour to install any additional Smart Wi-Fi devices purchased during the new FTTH installation, within this time. If, however, additional time is required to complete the installation, this will be billed to the customer at the rates described in clause 2.7 above.
    5. The customer will be required to grant Supersonic field services and their representatives access to work internally and externally at the customer premises for installations and maintenance, and will be required to obtain all necessary consent including planning permission where required, from landlords, tenants and other occupants
    6. The customer shall maintain and operate compatible equipment and devices required to access the Supersonic services and Supersonic makes no representation of warranties, either expressed or implied, regarding such customer equipment.
    7. Supersonic supplied equipment carries a 12-month replacement warrantee, which warrants against failures due to manufacturing defects. The customer will be responsible for repair costs to faulty equipment, which is outside of the warranty period, and where the inflicted damage has not resulted from a manufacturing defect. Supersonic reserves the right to replace warranty replacement equipment with refurbished equipment.
  4. Contract Term
    1. The once-off payment option includes the management fee for a period of 24-months, after which the customer will be liable for the prevailing monthly management fee.
    2. The monthly payment option for the Supersonic Managed Wi-Fi solution is offered on a 24-month contract, with a pro-rated claw-back on the full contract term value if a customer cancels on or after the first bill cycle.
    3. Customers requiring the cancelation of a 24-month payment option are required to provide Supersonic with 1 months’ written notice, subject to applicable claw-back charges.
    4. The monthly management of Smart Wi-Fi devices shall continue after the initial 24-month period and billed accordingly, unless terminated with 1 calendar months’ written notice.
    5. Supersonic may terminate this agreement at its discretion, for reasons other than breach, and in the event of such termination, endeavours to take all reasonable means to provide 1 calendar months’ notice the customer.
    6. The customer will remain liable under this agreement, for all fees and charges until the agreement has been completely terminated.
Supersonic Terms and Conditions – VoIP Product
  1. The Supersonic VoIP Product Offering:
    1. The Supersonic VoIP Product Offer consists of the following month-to-month price plans made available to residential and business customers requiring a service in qualifying Supersonic territories, available from the 1st of September 2018 and valid till the 31st of December 2018:
      1. a post-paid product with monthly line rental fee for each VoIP line, and call charges billed monthly; and
      2. an uncapped product which includes line rental fees and uncapped calls to local standard rate destinations.
    2. Customers can purchase telephone handsets from Supersonic directly, or Supersonic will provide a list of approved handsets for customers who prefer to purchase elsewhere.
    3. Both residential and business customers can subscribe to multiple VoIP lines under their individual residential or business accounts and receive a single bill per individual account.
    4. The business service is tailored to the SME market, and will by default have the same feature set as the residential service.
    5. VoIP product pricing and the handset options available from Supersonic will be maintained on the www.supersonic.co.za website.
  2. Terms and Conditions:
    1. General
      1. The Supersonic VoIP product is only available with a Supersonic broadband internet service, and cannot be used with a service from another internet service provider.
      2. Uncapped residential products will not be made available to business (SME/SOHO) customers.
      3. A Fair Use Policy (500 (five hundred) minutes for residential and 1000 (one thousand) minutes per month for business), applies to uncapped products which Supersonic reserves the right to enforce when regularly breached by excessive use. In the case of an enforced Fair Use Policy, the customer will be liable for calls exceeding the threshold number of minutes for the product, charged at the prevailing rate for the remainder of the bill cycle.
      4. Any off-net data usage incurred in using the service, for example where a softphone application is used on a smartphone over a mobile data network, will be for the user’s account.
      5. Uncapped usage applies only to standard rate local network destinations, and excludes special numbers (like premium rated services and Telkom Maxicall) and calls made to international destinations.
      6. In cases where the quality and availability of the voice service is critical, a voice VLAN should specifically be requested and configured, in order that the Supersonic VoIP product does not share available bandwidth with all other internet traffic on the broadband service. This requires physical configuration of the router and call-out fees may apply.
      7. In cases where the voice service availability and quality are a priority, but not critical, QoS rules can be applied in the router management console to prioritise VoIP traffic. This is not a default configuration, and will have to be specifically requested from Supersonic. This requires physical configuration of the router and call-out fees may apply.
      8. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the offer or the network services where Supersonic suspects abuse of its network, the offer, any of its services, fraud, criminal activity or where your participation in the offer is placing an unreasonable constraint on the Supersonic network which may impact the experience of other Supersonic customers.
    2. Depletion Rules
      1. Both outbound and inbound calls made on the Supersonic VoIP product will deplete from the Broadband Internet service’s data allocation (at an average rate of 1MB per minute), which means that any data caps or applied fair use policies will impact the availability of the VoIP service.
    3. Number Porting
      1. Number porting provides the ability for customers to move from one network to another whilst retaining the same phone number.
      2. Only numbers with geographical area codes can be ported, for example, a number with a 011 prefix representing numbers within the Johannesburg region can be ported, where numbers on a mobile network and numbers originally allocated to VoIP services cannot be ported.
      3. A caller line identity (“CLI”) validation will need to be done to ensure that the number being ported is in the customer’s possession, before any porting process can be commenced.
      4. Supersonic will endeavour to complete the porting process within a 4 (four) to 6 (six) week period, however, certain components of the number porting processes are outside of Supersonic’s control, and are subject to time frames governed by the party from which the number is ported.
      5. Customers will have to provide a copy of the following information and fill in the necessary application forms as part of the number porting process:

        a) identity document (certified copy);

        b) latest bill with the customer’s name and landline number on it; and

        c) permission letter to port.

      6. A porting charge of R65.00 (sixty-five rand) (excl. VAT) will be levied for each number ported to the Supersonic network
    4. Cancellation
      1. Customers may cancel their VoIP service by contacting Supersonic customer experience, subject to a cancellation charge equivalent to one month’s subscription.
      2. Any outstanding usage charges for post-paid VoIP services will be billed with the cancellation and any applicable clawback charge, at the next Supersonic bill run.
      3. Telephone numbers allocated to a service will remain allocated to the account for a period of 6 (six) months after the service has been de-activated unless a porting request has been issued for the number where applicable. This also includes cases where a service is suspended.
      4. After the 6 (six) month period where a number has not been used or ported, the number will be recycled into the pool of available numbers to be allocated to new lines.
  3. RICA
    1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a VoIP service. This is necessary to activate you as a customer on the Supersonic network.
    2. Supersonic is obliged by law not to activate your VoIP service on the Supersonic network if you have not complied with the RICA registration requirements.
    3. If you wish to transfer/sell your VoIP service to another person (other than a family member), you are required to report such a transfer to Supersonic, and Supersonic is required by law to deactivate the service. Before the new holder of the VoIP account can use the service, they must provide proof of their full names, surname, Identity Document number and residential address to an approved Supersonic RICA officer to register them as a customer on the Supersonic network. Once they have complied with RICA, and the RICA information is received by Supersonic, Supersonic will reactivate the service.
    4. If you change ownership to a third party, the Offer is not transferable.
    5. Failure by any person holding/using a VoIP service to comply with RICA is an offence. Contact Supersonic for details.
supersonic promotion terms and Conditions – sign up to Vumatel 20/20 @ 599 for 3 months
NOTE:
  • The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which supersonic FTTX (Proprietary) Limited, Registration Number 2004/010046/07 (”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies supersonic and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and supersonic may also have claims and other rights against you.
  • To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
  • Please read these terms and conditions carefully. Participation in this Promotional Offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotional Offer.

  • SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12

  1. Definitions
    1. "Connectivity" means the physical fibre infrastructure deployment between the Gigabit Passive Optical Network (GPON) backbone network and the Optical Network Terminal (ONT) and/or router within the end user’s premises.

    2. "Installation" means the installation, configuration and activation of the end user ONT and router within the end user’s premises.

    3. "MTN Estates or Suburbs" means all estates, or suburbs, which have access to MTN’s GPON backbone network or fibre to the home service.

    4. "supersonic Estates" means selected estates in which supersonic have reticulated with fibre.

    5. "Third Party Network" means all territories in which third party fibre providers have reticulated with fibre.

  2. The supersonic Promotional Offering t
    1. supersonic is running a Festive Promotion in partnership with Vumatel whereby new customers can sign up for our 20/20 FTTH package for the discounted price of R599 per month for a 3 month period. At the end of the 3 month period the pricing will revert back to the standard R899 per month.

  3. Promotional Offer Period
    1. The promotion is running from the 1st of November 2018 until the 25th November 2018. Anyone who signs up outside of that period will not be eligible for the promotional package price. Notwithstanding the Promotional Offer Period, supersonic reserves the right to amend the duration of the Promotional Offer Period to a shorter or longer period, or withdraw the Promotional Offer, with notice to you. Visit http://www.supersonic.co.za/ regularly for notices, updates and/or changes to services.
  4. Qualifying Customers
    1. The promotional offer is available to all new customers inclusive of staff. All MTN staff who sign up for the promotional offer will waive their 10% staff discount for the promotional period. Once the package price has reverted to R899 their staff discount will be implemented.

      Modification of Terms and Conditions

    2. supersonic reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotion, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
    3. Supersonic reserves the right from time to time to vary the charges of the Promotional Offer as may be deemed necessary in its discretion.
    4. Any changes will be posted on www.supersonic.co.za your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
  5. Limitation of Liability
    1. In no event will supersonic be liable to the Qualifying Participant hereunder (by way of indemnity or otherwise) for any direct damages, or indirect damages including but not limited to loss of profits, goodwill, revenue, production, anticipated savings, use or contracts or any other type of indirect or consequential loss or damage.
  6. General
    1. supersonic is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Promotion.
    2. You will be able to access services only when you are in the Republic of South Africa in an area covered by the supersonic network.
    3. supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Promotional Offer or the network services where supersonic suspects abuse of its network, the Promotional Offer, any of its services, fraud, criminal activity or where your participation in the Promotional Offer is placing an unreasonable constraint on the supersonic network which may impact the experience of other supersonic customers.
supersonic promotion terms and Conditions – sign up to Try supersonic Fibre for Free for a Month
  1. The supersonic Promotional Offering
    1. New customers are eligible to sign up to Try supersonic Fibre for Free for a Month. This an obligation free trial period in which the new customer may experience supersonic fibre. At the end of the trial period, billable subscription will accumulate unless the trial is cancelled before the end of the trial period.
    2. The trial includes
      1. The value of one (1) full month of free fibre from date of installation in accordance to the package selected
      2. 8 linear Meters on MTN and Openserve Fibre, additional fibre installed at Fibre Network Operator rates
      3. Free ISP activation
      4. Free usage of a Wi-Fi enabled router
      5. Free onsite install by supersonic
      6. Free setup of all devices connecting to our supersonic network
      7. Free Wi-Fi coverage assessment and implementation on supersonic smart Wi-Fi solution
      8. The option to purchase the simple managed Wi-Fi solution, that can be managed anywhere via our supersonic Wi-Fi App. See Smart Wi-Fi Product Specific Terms and Conditions.
      9. Packages between 20 mbps and 100 mpbs ONLY
    3. Customers choose the product that they subscribe to and may migrate a to a different speed at the discretion of supersonic
  2. Promotional Offer Period
    1. The promotion runs from 23 November 2018 until 31 March 2019. Anyone who signs up outside of that period will not be eligible for the promotional package price. Notwithstanding the Promotional Offer Period, supersonic reserves the right to amend the duration of the Promotional Offer Period to a shorter or longer period, or withdraw the Promotional Offer, or amend the promotional offering without notice to you. Visithttp://www.supersonic.co.za/ regularly for notices, updates and/or changes to services.
  3. Cancellation of Trial
    1. The customer must cancel their trial month service before the end of the trial period to avoid accumulating subscription charges after the end of the trial period./li>
    2. The smart Wi-Fi solution or Plumes purchased during or after the trial period do not form part of the trial cancellation clauses but remain as specified within the Smart Wi-Fi Product Specific Terms and Conditions
    3. If a customer cancels the service within the free trial period then we recover our Wi-Fi Router. The customer is responsible for providing the Wi-Fi Router as well as the packaging in their original state upon retrieval by supersonic
      1. The customer is liable for any damage to the Wi-Fi router; and supersonic smart Wi-Fi plume devices; and auxiliary devices as installed by supersonic as a part of the free trial period
    4. Cancellation requests from customers may be facilitated and confirmed through calling our call centre
    5. A cancellation charge will apply if a customer cancels the service prior to the expiration of the applicable promotional period. The cancellation charge will be based on applicable Equipment, Connectivity and Installation claw back for the product. All amounts currently due and owing will be included in the charge. Any rental Equipment included in the service not returned to Supersonic upon cancellation, will be charged for in full at the prevailing retail price.
  4. Qualifying Customers
    1. The promotional offer is available to all net new supersonic customers including of staff. The promotional offer excludes MTN FTTH customers that have not yet been migrated onto supersonic
    2. Customers may only receive one (1) trial period per address/stand
    3. Customers may only receive a single trial period
  5. Modification of Terms and Conditions
    1. supersonic reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotion, its promotions, its products and services and to modify its promotions, its products and services at its discretion, without notice to you.
    2. Supersonic reserves the right from time to time to vary the charges of the Promotional Offer as may be deemed necessary in its discretion.
    3. Any changes will be posted on www.supersonic.co.za your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
  6. Limitation of Liability
    1. In no event will supersonic be liable to the Qualifying Participant hereunder (by way of indemnity or otherwise) for any direct damages, or indirect damages including but not limited to loss of profits, goodwill, revenue, production, anticipated savings, use or contracts or any other type of indirect or consequential loss or damage.
  7. General
    1. After the trial period is over and the customer did not prompt the cancellation of the service as specified at 3 then the Supersonic General Terms and Conditions, excluding the promotional Terms and Conditions apply - https://www.supersonic.co.za/Pages/Termsandconditions.aspx
    2. supersonic is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Promotion
    3. This promotion may not be entered into in conjunction with any other trial, promotional, special rated or free period package
    4. You will be able to access services only when you are in the Republic of South Africa in an area covered by the supersonic network
    5. supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Promotional Offer or the network services where supersonic suspects abuse of its network, the Promotional Offer, any of its services, fraud, criminal activity or where your participation in the Promotional Offer is placing an unreasonable constraint on the supersonic network which may impact the experience of other supersonic customers.
2 months FREE limitless fibre from supersonic Terms and Conditions
  1. Campaign

    Live Limitless. Experience Limitless sharing at Huawei K-Day this Saturday with free WIFI brought to you by MTN in partnership with supersonic.

    Come visit us at the supersonic hospitality area – take the best supersonic photo and upload it to supersonic Facebook or Instagram page and use the hashtags #supersonicfibre #HuaweiKDay and you could be in the running to win 2 months FREE limitless fibre from supersonic (the “Competition”).

  2. Campaign Period:

    Entries open on 2 March 2019 at 10:00+ CAT and close on 3 March at 23:59 CAT. (the “Competition Period").

  3. Who is Eligible to Enter:
    1. To be eligible to enter, the entrant must:
      1. be a natural person;
      2. South African citizen or a permanent resident with a valid identity document;
      3. reside in a fibre covered area
      4. be 18 (eighteen) years or older;
    2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
      1. the Promoter/s;
      2. supplier/s of goods and or services in terms of this Competition; and
      3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
  4. How to Enter:

    To enter, entrants must, during the Promotion Period, like the Supersonic Facebook and Instagram Page, take a photo with the supersonic frame and upload the photos to either the supersonic Facebook or Instagram page and use the hashtags #supersonicfibre #HuaweiKDAY.

  5. The Reward:
    1. Entrants, who fulfil the requirements stated in clause 2, 3 and 4 above, will be placed into a draw and the randomly selected winner will be eligible for the prize. The prize to be won is a 20 mbps download and lowest available upload speed as per the supersonic product catalogue and as per the fibre network operator that covers the address of the winner. The reward is a free supersonic fibre connection for two months (the “Reward”).
    2. In the event that the winner already has a fibre subscription with another ISP, not supersonic, then it is at the discretion of supersonic to await 2 months for the winner to cancel the subscription in order to be eligible for the reward or for the reward to be awarded to another entrant;
    3. In the event that the winner already has a supersonic subscription, the value of the reward will be reduced from the winner’s monthly subscription;
    4. The winner will be selected by way of random draw after 3 March 2019 and before 8 March 2019;
    5. The winner will be announced on the Facebook and Instagram page and the Promoter will contact the winner to notify them of their winning entry;
    6. In the event that the Promoter is not able to establish contact with the winner within 7 days of the announcement, The Promoter reserves the right to award any unclaimed reward to another entrant;
    7. If for any reason a winner does not direct message the page to provide their details within the time stated above, then the Reward will be forfeited. The Promoter reserves the right to award any unclaimed reward to another entrant;
  6. What are the Benefits of the Reward:
    1. Residential Contract Uncapped (month-to-month contract). This product offer consists of the following:
    2. 20/2 or 20/20, Uncapped fibre Broadband subscription for free for 2 months.
    3. The 2 month free period starts upon activation of the winner on the supersonic network
    4. Speeds and bandwidth Symmetry dependant on the Fibre Network
    5. Free activation for speeds above 5Mbps, activation charged at a once-off rate of R 1000 (incl. VAT) for the 4Mbps and 5Mbps Uncapped products
    6. Promotional installation (up to 8 Meters for MTN/ Openserve Network and up to 15 Meters for Metrofibre Networx) as well as 1-hour onsite support, Connection, Wi-Fi router included, T&C’s apply.
    7. Additional fibre installation charged at R160 (excl. VAT) per linear Meter.
    8. First 30 meters of trenching is free for Frogfoot Network and R50 per linear meter thereafter.
    9. Customers will be offered the option to pay Supersonic the additional fibre installation costs upfront, or be charged interest free instalments over 12 months or 24 months with their monthly fibre service fee
  7. General:
    1. No portion of the Reward can be transferred
    2. The Promoter/s and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in the promotion or receiving, taking or using any prize except for any liability which cannot be excluded by law.
    3. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
    4. The Promoter/s shall not be responsible for damage to the reward and/or failing of functionality of the reward for any reason.
    5. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s and/or any other third parties’ participation in the Competition or the entrant’s redemption of any Reward in terms of this Competition, or from any amendments to Reward details and/or the terms and conditions of this Competition. All entrants (including the winner) and/or any other third parties hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
    6. The Promoter/s shall assume no liability whatsoever with regards to what its vendors and/or sub-contractors and/or any other third parties does in administering and varying the nature of the Reward.
    7. In the event that the winner is unable to redeem the Reward for any reason, or is disqualified for any reason, the winner will forfeit the Reward.
    8. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Reward or these terms and conditions upon notice in this regard being published www.supersonic.co.za or in another appropriate medium. In the event that the Reward is limited or varied in this manner, the Promoter/s shall replace the Reward with a reward of a similar economic value.
    9. With regard to clause 7.6 above, any amended terms and conditions published in any media, or supersonic website www.supersonic.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
    10. The judges who will select the winner will not enter into any discussions regarding awarding the Reward.
    11. The decision of the Promoter/s in respect of disputes arising out of this Competition shall be dealt with by the Promoter/s in terms of these terms and conditions. The decision of the Promoter/s in this regard shall be final.
    12. The Promoter/s reserves the right to withhold the Reward until it is entirely satisfied that the claimant of the Reward is the bona fide valid claimant and reserves the right to call for such proof as it may deem necessary.
    13. Entrants may be requested by the Promoter/s to consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as entrants. Entrants may decline the use of their name, likeness and image by the Promoter/s.
    14. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
    15. The winner must cancel the service 30 days before the end of the 2 month free subscription period in order not to continue with the service and in order not to incur additional fees for the monthly subscription.
    16. Entrants agree that it is an express condition of the Competition that in order to be eligible to redeem the Reward, the winner shall be required to submit the appropriate acknowledgement of receipt of the Reward, as well as an indemnity and/or waiver of liability as reflected in these terms.
Privacy Policy
  1. Supersonic will protect the confidentiality of its subscribers' information, and use its subscribers' information only for the purpose permitted or required.
  2. Supersonic will only release its subscriber's information to a third party under the following circumstances:
    1. when directed by the written instruction of the subscriber or prospective subscriber;
    2. when directed by an order of Court;
    3. to the Independent Communications Authority of South Africa for the purpose of compiling, verifying or auditing any reports, accounts or other information required under Supersonic’s licence or in terms of the Electronic Communications Act, 2005 and the regulations made pursuant to that Act;
    4. where it is necessary to properly deal with and comply with any legislative enactment or regulation in respect of any complaint lodged in terms of Supersonic’s complaints handling procedure;
    5. during the process of debt collection;
    6. to Supersonic’s attorneys in connection with any potential, threatened or actual litigation;
    7. to Supersonic’s auditors for the purpose of auditing their accounts;
    8. and in terms of any applicable law.
  3. Please take note of the following:
    1. You can browse sites without telling us who you are, or revealing any of your personal information. We do track the Internet address of the domains of visitors and analyse such for trends and statistics. The individual user remains anonymous.
    2. Some of our web pages utilise "cookies" so that we can provide you with more tailored information when you return to our site. "Cookies" are used to enhance your interactive experience and generally improve the service which we offer you. You can set your browser to notify you when you receive a cookie, to decide whether or not to accept it.
    3. We store the information you supply to us to personalise your use of our services. You may update personal information at any time by using the personalise function.
    4. We may from time to time disclose aggregate information to third parties to identify the user population in general terms, e.g. 52% males visit a particular site. Your identity and/or personal information will under no circumstances be disclosed.
    5. We are not responsible for the privacy practices of or the content on sites linking out of the Supersonic network. You agree to exclude Supersonic from any liability arising from your access to sites other than those on the Supersonic network.
  4. Devices supplied by Supersonic
    1. Supersonic may from time to time make available for purchase or include in promotional offers, devices from manufacturers or suppliers with whom Supersonic may have distribution agreements.
    2. Supersonic may collect certain usage information from these devices, specifically and only for the support of the devices and the services offered by Supersonic directly. Supersonic will apply the same protection of confidentiality as expressed herein.
    3. The privacy policies of such manufacturers and/or suppliers for these devices shall apply, and can be viewed at the following URLS’s:
      1. TP-Link devices: https://www.tp-link.com/za/privacy
      2. Zyxel devices: https://www.zyxel.com/za/en/privacy_policy.shtml
      3. Mikrotik devices: https://mikrotik.com/privacy
      4. Yealink devices: https://www.yealink.com/news_167.html
      5. Plume (Smart Wi-Fi) devices: https://www.plume.com/legal/privacy
Supersonic Acceptable Use Policy
  1. Introduction

    Supersonic is committed to complying with legislation and ensuring all its Customers can use its network and the Internet without interference or harassment from other users. Supersonic’s Acceptable Use Policy ("AUP") is designed to help achieve these goals.

    By using any of Supersonic’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. Supersonic reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at www.supersonic.co.za. Customer's use of Supersonic’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

  2. Scope of the AUP

    The AUP applies to Supersonic services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, etc) or any other services provided over the Internet or wireless data networks (collectively "IP Services").

  3. Prohibited Activities
    1. General Prohibitions:

      Supersonic prohibits use of the IP Services in any way that is:

      1. unlawful, incitement to commit criminal acts, harmful to or interferes with use of Supersonic's network or systems, or the network of any other provider;
      2. interferes with the use or enjoyment of services received by others;
      3. infringes intellectual property rights;
      4. esults in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
      5. constitutes abuse, a security risk or a violation of privacy.

      Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from a Supersonic-branded website or from a website that contains Supersonic-branded content is a violation of this AUP.

    2. Unlawful Activities:

      IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.

    3. Violation of Intellectual Property Rights:

      IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Supersonic or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

    4. Threatening Material or Content:

      IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Supersonic provided web or content hosting, Supersonic reserves the right to decline to provide such services if the content is determined by Supersonic to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

    5. Inappropriate Interaction with Minors:

      IP Services should not be used for the commission of an offence against a child or in way that would constitute or promote unlawful interaction with children.

    6. Child Pornography:

      IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Supersonic at the following e-mail address: info@supersonic.co.za. Supersonic will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

    7. Spam / E-mail Abuse:

      Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but are not limited to, the following activities:

      1. sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
      2. sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
      3. sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
      4. sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
      5. sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Supersonic network or of the networks with which Supersonic interconnects, by virtue of quantity, size or otherwise;
      6. using another site's mail server to relay mail without the express permission of that site;
      7. using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for purposes of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
      8. using IP addresses that the Customer does not have a right to use;
      9. collecting the responses from unsolicited electronic messages;
      10. maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
      11. sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
      12. using distribution lists containing addresses that include those who have opted out;
      13. sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
      14. falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
      15. using redirect links in unsolicited commercial e-mail to advertise a website or service;
      16. posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
      17. intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
      18. knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
      19. using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
  4. Connectivity Services

    Supersonic reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

    We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.

    Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.

    Unless you subscribe to a business package and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.

    You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.

    We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

    We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.

    We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.

    You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

    We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.

    We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.

    We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.

  5. Security Violations

    Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

    IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Supersonic's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:

    1. unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
    2. hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
    3. impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
    4. using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
    5. distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
    6. knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
    7. engaging in the transmission of pirated software;
    8. with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
    9. using manual or automated means to avoid any use limitations placed on the IP Services;
    10. providing guidance, information or assistance with respect to causing damage or security breach to Supersonic's network or systems, or to the network of any other IP Service provider;
    11. failure to take reasonable security precautions to help prevent violation(s) of this AUP.
  6. Customer Responsibilities

    Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Supersonic has no responsibility for any material created on the Supersonic network or accessible using IP Services, including content provided on third-party websites linked to the Supersonic network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Supersonic of the content(s) of such sites.

    Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

  7. AUP Enforcement and Notice

    Customer's failure to observe the guidelines set forth in this AUP may result in Supersonic taking actions, which may either be a warning, a suspension or termination of Customer's IP Services. When reasonably possible, Supersonic may provide Customer with a notice of an AUP violation allowing the Customer to promptly correct such violation.

    If the IP Services are used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.

    Should you engage in any one or more of the above activities, which shall be determined in Supersonic's sole discretion and which decision shall be final, then Supersonic shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:

    1. without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned;
    2. terminate all agreements with you with immediate effect;
    3. bill you for any costs incurred by Supersonic as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Supersonic's name or registered domain names and CPU cycles; and
    4. disclose information relating to the offending activity as may be required under the circumstances.

    Supersonic has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, Supersonic may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Supersonic network and its customers.

  8. Incident Reporting

    Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a Supersonic Customer (or its user) should be directed to info@supersonic.co.za, include details that would assist Supersonic in investigating and resolving such complaint.

Take Down Notice

In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") Supersonic has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Internet Service Providers' Association (ISPA)
Address: PO Box 518
Noordwyk
1687
Telephone: 010 500 1200
Take-down notice email: complaints@ispa.org.za
Take-down notice information and form: https://ispa.org.za/tdn/

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