NetworkTerms

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NetworkTerms
Fibre ADSL LTE VoLP TermsFibre Internet

PREMIUM, FIBRE ROUTER:Our premium Fibre routers are exactly that - free to use for as long as you are with Swiphil and using the relevant service.
If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging. You will have 20 days from the time your service is deactivated (turned off at the end of your months’ notice) to return the router to our offices. We will send you a reminder on day 10 if we have not yet received your router.
If we do not receive your router back from you within the 20 day router-return period, you will be billed for it, and it will become your own. Remember to include your name and Swiphil customer code when returning your router. No router returns will be accepted after 20 days have elapsed from the time that your account was deactivated. All courier costs involved in returning the router are for your own account. You will be charged the original retail value of the router.

When your router becomes your property it will no longer be insured by Swiphil, and we will not accept responsibility for any damage or defaults to the router.
Installation and Connection Penalty Fees:Swiphil reserves the right to charge you the full installation and connection fees should you cancel within 12 months from the date of activation. The penalty fees may be disregarded if the service is active with Swiphil for longer than 12 consecutive months. Installation and connection fees may differ based on Fibre provider, purchased date and line speed.NON PAYMENT OF INVOICESPlease note, in the event that an invoice is not paid by the due date, your service will be suspended and we reserve the right to cancel your fibre line with the underlying fibre infrastructure provider.In the event that you reconnect / re-activate your account after it has been cancelled, you will be charged any reconnection fees which the underlying service provider may charge us to reconnect your account.

Payment of outstanding fees by EFT/Bank deposit is not recommended for outstanding fees as this can take several days to reflect in your account and you may still be suspended. We recommend using the “pay now” function in your customer zone to make immediate payment.

If you are moving to a new service with Swiphil, and you cancel your current service, there may be connection fees applicable for your new service. These will be clearly displayed to you in the selection pane when you place your order.Previous ISP Claw Back FeesIn the event that you have moved to us from another ISP and we paid their claw back fees on your behalf, and you decide to cancel your service with us within 12 months of activation (or your account falls into arrears) you will be charged for these fees.
These fees may differ according to who your previous provider was and which infrastructure provider services your area.VUMATEL FIBRE TO THE BUSINESS (FTTB) CANCELLATION FEESWe cover all installation and connection fees when you order one of our Vumatel Fibre-To-The-Business (FTTB) packages. Should you decide to cancel within 12 months of activation, your cancellation fee will be calculated as follows:(12 months – the number of months your service has been active) X your recurring service fee.
Example: If you have a 20/20Mbps FTTB service and have been active for six months, then it will be (12 months - 6 months) X R1729 = R 10374Fixed LTEPREMIUM, LTE ROUTER:Our premium LTE routers are exactly that - free to use for as long as you are with Swiphil and using the relevant service.
If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging.
You will have 20 days from the time your service is deactivated (turned off at the end of your months’ notice) to return the router to our offices. We will send you a reminder on day 10 if we have not yet received your router. If we do not receive your router back from you within the 20 day router-return period, you will be billed for it, and it will become your own. Remember to include your name and Swiphil customer code when returning your router.
No router returns will be accepted after 20 days have elapsed from the time that your account was deactivated. All courier costs involved in returning the router are for your own account. You will be charged the original retail value of the router.

When your router becomes your property it will no longer be insured by Swiphil, and we will not accept responsibility for any damage or defaults to the router.Cell C LTE & RAIN LTE: If you did not take a router with your SIM order, and were therefor credited with either R500 or R250 on your Swiphil account according to the package you were on, this amount will be clawed back upon your cancellation.
Please be aware that Swiphil (and all other ISPs) are no longer able to offer RAIN LTE to the public. If you cancel your RAIN account you will be unable to order this service from us again. Please be 100% certain that you want to cancel before you submit your cancellation request.Swiphil reserves the right to recall this once off credit should you cancel your service within 12 months of activation of your SIM only LTE service. The credit recall will be disregarded should your service be paid and active with Swiphil for longer than 12 months from activation.LTE 7 DAY RETURN POLICY:If you are not entirely satisfied with your Cell C LTE service for any reason, you may request immediate cancellation of the service within 7 days of activation. You will be credited and refunded for the pro rata charge.If cancellation is requested after 7 days have lapsed from the day of activation, our standard calendar month’s notice period will apply.

Please note that the R249 once-off delivery and connection fee is not refundable and will not be refunded.Please note that Telkom does not currently offer this 7 day returns policy.Swiphil Fair Usage PolicyThe Fair Usage Policy (FUP) forms part of a binding agreement between you the customer and Swiphil for as long as you make use of Swiphil’s services.General Fair Usage ConditionsBy signing up with Swiphil, the customer agrees and is bound to this policy and the conditions laid out within it, without limitation or qualification, as well as all other terms, conditions and policies made available to the client in our legal pages as well as conditions displayed anywhere else on the Swiphil website. Please direct any enquiries to legaldepartment@swiphil.com.1.
The purpose of the Fair Usage Policy is to:
Ensure the compliance of all Swiphil customers with the relevant laws of the Republic of South Africa. Protect the integrity of Swiphil’s network and its users. Specify the consequences the customer may expect in the event that they are found to be abusing Swiphil’s services.ThrottlingThrottling is the process of limiting the throughput of all services and protocols. Imagine your internet line is a pipe with water running through it.
If you make the pipe narrower less water is able to run through it at a time.In the same way a throttled account will only be able to achieve a limited throughput.

The line itself is not affected. Throttling is applied only when an individual user exceeds the Fair Usage point on their account, over a 30 day rolling window, and even then, only during peak traffic. Just because you have reached the FUP point on your account DOES NOT MEAN you will automatically be throttled. Although Swiphil do reserve the right to throttle when fair usage has been exceeded, we will only do so at peak network traffic times. When the network is in off-peak times you will not be throttled, even if you have exceeded your FUP point.
You will continue to experience normal speeds.
ShapingShaping is the process of implementing priority on certain types of usage or protocols. Some ISP’s implement shaping to give priority to real-time interactive services, effectively slowing down your non-prioritized services. Under our new policy, Swiphil does not shape your account. It is up to you to manage how you use your bandwidth.2. FUP Uncapped Thresholds, Throttling and Bandwidth PriorityUncapped packages have a Fair Usage Policy (FUP) threshold which is based on a 30 day rolling window. Users who exceed this threshold could potentially experience throttling at times when network demand is high. We strive to avoid throttling as far as possible. An account which has reached its FUP threshold will not necessarily be throttled, we will only apply throttling if the network is experiencing high demands, to manage overall network demands.

As soon as network demands abate Swiphil will remove throttling and the account will enjoy full speeds.Openserve thresholds (based on 30 day rolling window):The FUP thresholds:All thresholds are based on data consumption over a 30 day rolling window. This means that your data consumption is NOT calculated from the first of the month to the end of the month. Your data consumption is based on the last 30 days of usage, regardless of the date. For example, if today is the 15th of June, your data consumption is measured from 30 days prior to this day, so from the 15th of May, and not from the 1st of June. This 30 day window "rolls" forwards every day.

It is a 30 day rolling window.Fibre:Uncapped Package Speed Uncapped Uncapped Premium10Mbps 100 GB Unlimited20Mbps 200GB Unlimited40Mbps 250GB Unlimited100Mbps 300GB Unlimited200Mbps 500GB UnlimitedADSL:Uncapped ADSL Speed Uncapped Uncapped Premium Uncapped Pro1Mbps 30GB 50GB Unlimited2Mbps 40GB 60GB Unlimited4Mbps 70GB 185GB Unlimited8Mbps 80GB 250GB Unlimited10Mbps 100GB 370GB Unlimited20Mbps 200GB 475GB Unlimited40Mbps 250GB 1025GB UnlimitedGood to Know:If you are on one of our packages which carries a FUP, your usage between midnight and 06:00 am every day does not affect your rolling FUP threshold. So, if you are planning downloads make sure you schedule them for these times, and they won't have an impact on your FUP status.3.

Reservation of RightsTo ensure that all customers have fair and equal use of the Swiphil Uncapped service and to protect the integrity of the network, Swiphil reserves the right and will take necessary steps to prevent improper or excessive usage thereof.Swiphil may undertake the following action(s) to ensure fair and equal network performance for all customers:
Adjusting the throughput of the aforementioned service based off the current and historic usage of the service. Limiting or preventing service through specific protocols and/or ports. Continuous excessive usage of a service may result in termination of the Uncapped account.

Uncapped Pro accounts without a FUP are intended for private use or small business use only. Accounts found to be using an excessive quantity of data on a regular basis who are suspected of re-distributing their connection across multiple unauthorised end-users (such as across multiple homes) will be terminated, after a 5 business day notice period. The account holder may lodge a dispute challenging the decision within said notice period, after which no further correspondence will be entered into the matter. Web Africa at all times remains the final arbiter in the matter.. Any attempt to bypass Shaping Policies may result in termination of the Uncapped account.Legal:
The User undertakes to use Swiphil’s services in accordance with any restrictions imposed under the following legislation: Electronic Communications and Transactions Act 25 of 2002; Electronic Communications Act 36 of 2005; Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003All cases of violation of the above Fair Usage Policy should be reported to abuse@Swiphil.co.zaPlease note:Swiphil reserves the right to amend the Fair Usage Policy (FUP) as necessary. This is to ensure optimal performance across our network for the majority of uncapped customers.Swiphil Voice (VoIP) Call rates are published on the official Swiphil website on the VoIP page and are subject to change.
The Customer can choose to purchase our VoIP softphone at a once-off cost if they wish. Swiphil’s VoIP phone comes with a 12-month warranty from the date of purchase. If the customer downloads any third party operating software to use their VoIP service, the customer is liable for all costs associated with said software. All and any data use associated with the use of the SIP software will be for the customer’s own account.
Swiphil assumes no liability for the functionality and performance of any third party software. Swiphil assumes no liability for any losses incurred due to the publishing of the customer’s numbers. The customer is responsible for usage monitoring of all users on individual SIP accounts and Swiphil is not liable for any fraudulent activity that may occur. The customer acknowledges and agrees that making emergency calls from the products and/or services supplied by Swiphil under this agreement may result in a delay in the response time of any such emergency service. In no circumstances will Swiphil be liable for any delays encountered by the customer should such calls have been placed using the Swiphil’s products and/or services nor for any direct or indirect damage or loss or injury suffered by the customer as a consequence of any such delays.

Unused airtime will not roll over in any package where minutes are paid for in advance. Unused Top-Up Airtime will roll over for up to three months from the date of purchase. Predictive dialers are not allowed on the Swiphil network. Swiphil cannot guarantee or measure the quality of voice services provided over any network outside of the Swiphil network. Loss of voice quality and integrity cannot be measured by means of MOS (Mean Opinion Score as a measurement of voice quality) or any other manner over other networks. Swiphil shall not be liable for any claims in regard to services offered whilst traversing “public networks”.
Reselling of Swiphil Products or ServicesPlease note that the reselling of our services and products are strictly prohibited. We do not take any responsibility for support from any unsolicited resellers and will also take no responsibility for any ISPA complaints made by a reseller and their customers.We urge customers to only order directly from us, either on our website or through one of our friendly Swiphil sales agents.Please Note: Signups made through third party Reseller partners (running their own independent business which is not Swiphil branded - i.e.: white label partners) are not eligible for free-to-use Swiphil hardware (routers, etc.).