EJECT - Mobile Broadband Terms and Conditions
1. DESCRIPTION OF SERVICE
1.1. Eject shall provide Customer and its remote users with access to the Internet via the 3G or HSDPA (“High Speed Data Packet Access”) mobile broadband solution (hereinafter the "Mobile Broadband Service"). Such access to the Internet is provided through the global system for communication network ("GSM Network") via an Internet Solutions (“IS”) owned private APN (“Access Point Node”), using Vodacom base stations.
1.2. The Mobile Broadband Service consists of two components:
1.2.1. Eject shall provide the Customer with the specified number of remote user mobile broadband cards specified in the HSDPA Subscriber Application Form ("Application Form") to be used by Customer with existing Customer-owned hardware devices (e.g. laptops) in order to activate and utilise the Mobile Broadband Service;
1.2.2. For each Mobile Broadband Card, the Customer shall be allocated:-
1.2.2.1. a SIM card provisioned on an IS Internet APN;
1.2.2.2. and a data bundle restricted to the number of megabytes ordered by the Customer as specified in the Application Form above (hereinafter "Data Bundle");
1.3. The provision of the Mobile Broadband Service is subject to the terms and conditions set out in this Schedule as read with the Eject Internet Access Terms and Conditions available at https://portal.icl-za.com/eject/terms/ejecttcs.html
2. DURATION AND EFFECTIVE DATE
2.1. The Effective Date of this Schedule is the date when the first Mobile Broadband Card is provided to the Customer in accordance with the provisions of this Schedule. Should the Effective Date occur after the date of signature of the Agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind the Agreement before the Effective Date.
2.2. With effect from the Effective Date, the Mobile Broadband Service shall be provided for the period specified in the Application Form ("Initial Period").
2.3. Either party hereto shall be entitled to terminate the Agreement by way of 90 (ninety) days prior written notice of termination to be effective at the end of the Initial Period. Failing such notice of termination, the duration of the Service shall thereafter automatically renew for successive periods of the same duration as the Initial Period ("Renewal Period"), on the terms and conditions set out in this Schedule, subject to 90 (ninety) days prior written notice of termination effective at the end of the Renewal Period, and subject to an escalation in fees per clause 3.9 of the Eject Internet Access Terms and Conditions.
2.4. Addition of Mobile Broadband Cards on an existing contract: If the Customer requires additional Mobile Broadband Cards, the Customers’ authorised representative will make the Customer’s request to Eject by signing and completing an Eject Upgrade letter or Application Form and each new Mobile Broadband Card and/or Mobile Broadband Service upgrade shall be subject to this Agreement commencing from the date upon which such additional Mobile Broadband Card is issued to the Customer, and the Customer shall be required to pay for the Mobile Broadband Service in respect of such new Mobile Broadband Card and Data Bundle for a new and separate initial period as specified in the Application Form.
3. FEES AND CHARGES
3.1. Customer shall pay to Eject:
3.1.1. all fixed monthly costs associated with the Mobile Broadband Service as reflected in the Application Form, which shall include the cost of the Mobile Broadband card and the initial Data Bundle commitment;
3.1.2. any costs in respect of bandwidth utilised over and above the initial Data Bundle commitment, where such data is used by the Customer or the Customer’s remote users, alternatively for all bandwidth usage over and above the initial Data Bundle commitment used on any Mobile Broadband Card issued to the Customer for the preceding month;
3.2. For each additional user, the above monthly fee will be increased by an amount equal to the cost of the per-user based services as specified in the Application Form;
3.3. Any connections made via the Mobile Broadband Service in a location outside of South Africa shall be subject to the rate provided for by the host country for such connectivity and shall not form part of the Data Bundle provided by Eject in terms of this Schedule. Customers are advised not to use the Mobile Broadband Service outside of South Africa as the charges may be extremely expensive.
3.4. Customer shall be independently responsible for the payment of the costs of insurance of the Mobile Broadband Card ordered by it in accordance with the provisions of clause 7 below, alternatively the costs of repair and/or replacement of any Mobile Broadband Card which has been lost, stolen and/or damaged.
3.5. Data usage exceeding the sum of all Data Bundles ordered by Customer in any one month shall be billed per megabyte, in arrears.
3.6. Charges for services other than local data services such as international roaming, sms, voice or connections to the Internet APN will be charged for by Eject at the then-current standard rates for the GSM Networks.
4. EJECT’s OBLIGATIONS
4.1. Eject shall be responsible for:
4.1.1. the provision of the Mobile Broadband Card and SIM cards on an IS APN for Internet Access;
4.1.2. the repair or replacement and maintenance of all devices in accordance with clause 7 below;
4.1.3. the provision of advice and assistance to the Customer’s designated internal administrator through the Eject Call Centre; Calls are to be logged in accordance with the Eject Customer Support Schedule for queries relating to:
4.1.3.1. technical queries relating to the Mobile Broadband Service;
4.1.3.2. general queries;
4.1.3.3. escalation;
4.1.3.4. the provision of bandwidth to the Customer and the devices.
5. CUSTOMER’S OBLIGATIONS
5.1. Customer shall be responsible for:
5.1.1. payment of all fees and charges levied in respect of the Mobile Broadband Service in accordance with the provisions of clause 3 above as read with Eject Internet Access Terms and Conditions relating to payment;
5.1.2. preventing any other person, other than its own authorized and designated end-users, from accessing the Mobile Broadband Service;
5.1.3. the backing-up of all data, should this be necessary;
5.1.4. the protection of the Customer’s hardware from intrusion by third parties (through hacking, viruses etc) by the acquisition of appropriate security devices;
5.1.5. managing, maintaining and supporting all hardware used and needed in order to make use of the Mobile Broadband Service; and
5.1.6. ensuring that there is a designated Customer internal administrator who will be responsible for identifying any problems relating to the Mobile Broadband Service and communicating those problems to Eject in accordance with Eject Customer Support Schedule;
5.1.7. Ensuring that the internal administrator referred to in 5.1.6 above is responsible for the following things:
5.1.7.1. Mobile Broadband connection faults relating to Internet connectivity;
5.1.7.2. supporting the Customer’s end users;
5.1.7.3. The provision of hardware which is compatible with the Mobile Broadband Service software;
5.1.7.4. managing and supporting all remote or mobile devices used to access the Eject Mobile Broadband Service.
6. EXCLUSIONS AND RESERVATIONS
6.1. The Mobile Broadband Service does not allow Customer or its remote users to have secure, direct access to Customer’s private network, without additional software, which software is not provided as part of the Mobile Broadband Service.
6.2. Eject will not be responsible for the following:
6.2.1. Failure of Customer and/or its end users to access the Internet or company network due to failure of the GSM Network;
6.2.2. The performance of the GSM Network being used;
6.3. Eject reserves the right to adjust data pricing for the Mobile Broadband Service based on changes in pricing made by the GSM Network providers which may affect the Mobile Broadband Service.
7. RISK AND TERMS OF INSURANCE OF MOBILE BROADBAND CARD
7.1. Customer agrees that it shall be the owner of the Mobile Broadband Card issued to it in terms of this Schedule, and as such all risk to and in the Mobile Broadband Card will automatically be transferred to the Customer upon delivery of the Mobile Broadband Card to the Customer or its designated/duly authorized employee or agent. Accordingly, the Customer:
7.1.1. shall pay all and any insurance premiums in respect of any Mobile Broadband Card issued to it and ensure that the Mobile Broadband Card is insured for its full value; alternatively,
7.1.2. in the event that any Eject - provided hardware (including but not limited to the Mobile Broadband Card) is lost, damaged or stolen during the subsistence of this Agreement, the Customer shall be responsible for paying all costs associated with the replacement of such hardware so that the Mobile Broadband Services may continue to be provided.
7.2. In the event that the Mobile Broadband card is stolen or damaged:-
7.2.1. Eject shall, upon demand from the Customer, provide the Customer with a written quotation for the fair cost of the replacement of the Mobile Broadband Card for the purposes of either obtaining insurance quotes, alternatively for the purpose of making a claim in terms of any policy;
7.2.2. Customer shall remain liable for the Mobile Broadband Service fee until the end of the Initial Period, whether or not Customer elects to obtain a new Mobile Broadband Card.
7.3. Should the Customer receive a faulty Mobile Broadband Card, where such fault is a manufacturing fault which renders the Mobile Broadband Card unusable, Customer shall be entitled to return such Mobile Broadband Card to Eject within 90 (ninety days) of the Effective Date, whereupon Eject shall either arrange for the repair and or replacement of same.
7.4. Should the Mobile Broadband Card become faulty or defective following the above-mentioned 90 (ninety) day period then, upon notification from the Customer, and receipt of the Mobile Broadband Card within fourteen (14) days of such notification, Eject shall, where possible, attend to the repair of the Mobile Broadband Card, but shall be under no obligation to replace same should Eject be unable to repair it.
7.5. In respect of a Mobile Broadband Card which is rendered unusable due to breakage or where a Mobile Broadband Card is damaged, lost or stolen the responsibility for the cost of the repair and/or replacement of the Mobile Broadband Card shall be that of the Customer, and the provisions in clause 7 shall be applicable;
7.6. A Mobile Broadband Card that is faulty in a region where Eject does not hold stock shall be shipped by Customer to Eject at the cost of the Customer. Return shipping of a Mobile Broadband Card under warranty will be carried by Eject.
