Terms & Conditions

Use of Site

Policies & Procedures

DSL Services

Fibre Services

LTE Services

AUP

Use of Site

Policies & Procedures

DSL Services

Fibre Services

LTE Services

MTN Fixed LTE – On Demand

MTN Fixed LTE On Demand is available as a Capped or Uncapped service and is a best service with no minimum service levels guaranteed. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service with a minimum billed amount for 5GB of data which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted in writing(Purchases on Promotion may carry additional T’s & C’s), cancellations can be set up until 5pm on the last day of each month.

The service can be set to upgrade to an Uncapped package with immediate effect for one month, two months or permanently. One month applies to the current month up to and including the last day of the current month, two months will apply to the current month up to and including the last day of the current month plus the following month. Permanently means the service will be converted to an Uncapped service going forward. The billing for the service will return to the minimum billing for the 5GB once the upgrade selected has expired.

Unused data on a non-upgraded service (5GB) will rollover for one month. This service is not usage based and unused data will not be credited or refunded. Available data can be transferred to the same service (On demand 5GB) on a different profile. The 5GB service cannot be topped up with additional per gig data, the service can only be converted to an Uncapped account.

This service is a Fixed LTE service which is only available on LTE Technology (excludes 3G and 2G technologies). The service is only available at pre-defined locations as provided by MTN. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. MTN will allow one change in location per year, please provide us with 30 days’ notice thereof in order for us to submit the request timeously. Should the new location not be within MTN Fixed LTE Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.

Should a client opt to purchase their own device it must be one of the MTN approved Cat6 devices listed below, please note that using a non-approved device will result in the service being blocked.

On the day of purchase an invoice will be generated and debited accordingly. The payment methods that will be accepted for the purchase and renewal of the service are Credit Card and Debit Order, please note that any other services already on the Profile which the purchase is being made on will automatically update to Credit Card/Debit Order. The SIM and Device will be delivered within 7 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated.

The purchase of the MTN Fixed LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to TVK Sisonke Solutions, as such please be advised that your personal details will be received by the courier, courier company and TVK Sisonke Solutions. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account. Available data from MTN Fixed LTE Capped services can be transferred to an identical service (e.g. 200GB to 200GB), data may only be transferred once and will be transferred in its current state including its expiry date e.g. topup data/rollover data.

MTN Fixed LTE Uncapped carries an Acceptable Usage Policy.

MTN Fixed LTE

MTN Fixed LTE is available as a Capped or Uncapped service and is a best effort service with no minimum service levels guaranteed. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property. Speeds may be limited to a maximum speed, this is dependant on the product purchased. Uncapped products are subject to an Acceptable Usage Policy.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted in writing (Purchases on Promotion may carry additional T’s & C’s), cancellations can be set up until 5pm on the last day of each month. The service can be set to change (upgrade/downgrade, capped to uncapped, uncapped to capped) at any time (before 5pm on the last day of each month) but the new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes) or Promotional Terms and Conditions.

You are able to purchase additional data should your monthly allocation on your MTN Fixed LTE Capped service run out. This is a once off purchase which you pay for immediately. Unused topup data will rollover for one month. E.g. Purchase 10GB of Topup data on 15 October, 6GB is used up until 31 October, the remaining 4GB will be carried over to November and will be available to use up until 30 November, thereafter it will fall away. Data that has over run the available data total will be deducted from your next top-up. Example, 100GB purchased, 105GB used before capping takes place, top-up with 10GB only 5GB will be allocated.

Unused monthly data from your MTN Fixed LTE Capped service as well as topup data will rollover for 1 month. At the start of each month the rolled over data (monthly and topup) will be used first, once exhausted the monthly allocation will be used.

Night time data (where applicable) is free data that is available to use every day between 12am and 6am. Data used during these hours will be deducted from the Night time available data balance. When Night time data is depleted, the available monthly data will be used. Night time data is Promotional data and TVK Sisonke Solutions reserves the right to withdraw it should it be deemed necessary.

Should a client opt to purchase their own device it must be one of the MTN approved Cat6 devices listed below, please note that using a non-approved device will result in the service being blocked.

On the day of purchase a prorata invoice and prorata data (where applicable) will be allocated and debited accordingly. Should delivery of your SIM occur the month after it was purchased your original purchase invoice will be credited and a new prorata invoice will be raised and data allocated on the date of activation. The payment methods that will be accepted for the purchase and renewal of the service are Credit Card and Debit Order, please note that any other services already on the Profile which the purchase is being made on will automatically update to Credit Card/Debit Order. The SIM and Device will be delivered within 7 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated.

MTN Fixed LTE Uncapped products carry an Acceptable Usage Policy which may affect the speed of your service.

Telkom LTE

Telkom LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 10Mbps and 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (promotions may carry additional t’s & c’s) and must be submitted via the Control Panel, cancellations cannot be set after 5pm on the second last day and last day of each month. The service can be set to upgrade or downgrade at any time (except after 5pm on the second last day and last day of each month) but the new service will only be effective from the 1st of the following month. The monthly data is referred to as anytime data, free data which can be used between 12am and 7am is referred to as night surfer data. Where applicable anytime data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and the night surfer data is valid for 30 days from purchase (not exceeding the month of purchase). You are able to purchase additional data should your monthly allocations run out. This is a once off purchase which you pay for immediately. Where applicable unused data will only rollover if the service is active and paid up to date. Where applicable unused anytime top up data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and night surfer top up data is valid for 30 days from purchase (not exceeding the month of purchase).

Data is used in the following sequence:

Anytime data
Anytime top up data

During Night Surfer Hours 12am to 7am

Night surfer data
Anytime data
Anytime top up data

Data usage information and data balances are provided to TVK Sisonke Solutions once every 24 hours by Telkom.

This service is a mobile wireless service which can be used anywhere within Telkom LTE Coverage areas. TVK Sisonke Solutions will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

Services purchased packaged together with a modem must be used in the modem provided, failure to do so may result in the service not working. The make and model of the modem will be determined at Telkom’s discretion.

The modem carries a 1 year Warranty if ordered through TVK Sisonke Solutions together with the Telkom SIM, device warranty claims for the modem will be handled by TVK Sisonke Solutions who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, TVK Sisonke Solutions has a 5 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. The cost of returning the device is the responsibility of the client and will be charged to the clients account if arranged by TVK Sisonke Solutions.

A prorata invoice will be generated on the day of purchase and debited accordingly. On the day of activation, we will allocate a prorata amount of data. We will re-calculate the amount due according to the date of activation and credit the initial prorata invoice generated on the purchase date. Any credit amounts will be used towards the next invoice due and any amounts due will be processed immediately against the default payment method on the profile.

The only payment method that will be accepted for the purchase of this service is Credit Card, please note that any other services already on the profile which the purchase is being made on will automatically update to Credit Card. The SIM/Device will be delivered within 10 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 72 hours for activation of the service.

The purchase of the Telkom LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to TVK Sisonke Solutions, as such please be advised that your personal details will be received by the courier, courier company and TVK Sisonke Solutions. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here: http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

Telkom LTE (2TB)

Telkom LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property, device used.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (promotions may carry additional t’s & c’s) and must be submitted in writing, cancellations cannot be set after 5pm on the second last day and last day of each month. The service can be set to upgrade at any time (except after 5pm on the second last day and last day of each month) but the new service will only be effective from the 1st of the following month. Downgrades can only be set after 3 months of service have been completed (except after 5pm on the second last day and last day of each month) but the new service will only be effective from the 1st of the following month.. The monthly data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase). You are able to purchase additional data should your monthly allocations run out. This is a once off purchase which you pay for immediately. Top up data contains anytime data as well as night surfer data. The anytime data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and night data is valid for 30 days from purchase. If a topup is purchased that contains night surfer data, the night surfer data will be used between 12am and 7am, there after the anytime topup data will be used until exhausted. In instances where more data was used than was purchased the over used amount will be deducted from any topups. Where applicable unused data will only rollover if the service is active and paid up to date.

Data is used in the following sequence:

Monthly allocation of data
Rolled over monthly data
Rolled over top up data

Data usage information and data balances are provided to TVK Sisonke Solutions once every 24 hours by Telkom. This information will be updated as received and can be viewed in the Control Panel.

This service is a fixed wireless service which can be used anywhere within Telkom LTE Coverage areas. TVK Sisonke Solutions will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

Telkom reserve the right to throttle and/or shape the traffic of the 2TB data service products during network peak times.

TVK Sisonke Solutions reserves the right to limit the accepted payment methods for purchases of this service. The SIM/Device will be delivered within 10 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 72 hours for activation of the service.

The purchase of the Telkom LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to TVK Sisonke Solutions, as such please be advised that your personal details will be received by the courier, courier company and TVK Sisonke Solutions. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here:
http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

Telkom Business Uncapped LTE

Telkom Uncapped LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 2Mbps and 10Mbps dependant on the Fair Usage Policy currently being applied to the service. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The Fair Usage Policy is as follows:

Monthly Data Allocation	Speed	Times of operation
First 250GB of Data	10Mbps	Midnight to 7pm, 365 days a year
Next 50GB of Data	4Mbps
Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

You are able to purchase a once off data bundle to restore your service to an unmanaged state and access it 24 hours a day. This is a once off purchase which you pay for immediately, the topup is valid for the month of purchase as well as the following month. Once the topup is depleted the service will only work during Business Hours and the management will return to the previous state prior to the topup. On renewal of your service on the 1st of each month any available topup data will be used first before your usage begins counting towards your managed usage limit.

Data usage information and data balances are provided to TVK Sisonke Solutions once every 24 hours by Telkom..

A prorata invoice will be generated from the date of purchase until the end of the current month and debited accordingly.

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

Telkom Uncapped Fixed LTE

Telkom Uncapped Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made, service purchased and Fair Usage Policy applied. Average speeds within the specified coverage areas range between 2Mbps and 20Mbps dependant on the Fair Usage Policy currently being applied to the service. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property equipment used.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (cancel the month before for the end of the following month) (promotions may carry additional t’s & c’s) and must be submitted in writing, cancellations cannot be set after 5pm on the second last day and last day of each month. The earliest date for cancellation in accordance with the Terms & Conditions for the service will be communicated:

The Fair Usage Policy is as follows:

Service	Monthly Data Allocation	Speed	Times of operation

Uncapped Off Peak	First 350GB of Data	10Mbps	Midnight to 7pm, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

10Mbps Uncapped	First 500GB of Data	10Mbps	24/7, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

20Mbps Uncapped	First 600GB of Data	10Mbps	24/7, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

The Fair Usage Policy will reset on the 1st of each month. The Uncapped Off Peak service has the option to purchase a once off data bundle to restore your service to an unmanaged state and access it 24 hours a day. This is a once off purchase which you pay for immediately, the topup is valid for the month of purchase only. Once the topup is depleted the service will only work during midnight and 7pm and the speed will return to the state prior to the topup.

Data usage information and data balances are provided to TVK Sisonke Solutions once every 24 hours by Telkom. This information will be updated as received and can be viewed in the Control Panel.

This service is a fixed wireless service which can be used anywhere within Telkom LTE Coverage areas, the service is not designed to be used in a mobile device or to be moved between locations. TVK Sisonke Solutions will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

A prorata invoice will be generated from the date of purchase until the end of the current month and debited accordingly.

The purchase of the Telkom Fixed LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to TVK Sisonke Solutions, as such please be advised that your personal details will be received by the courier, courier company and TVK Sisonke Solutions. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here: http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

Telkom Uncapped LTE

The Fair Usage Policy is as follows:

Monthly Data Allocation	Speed	Times of operation
First 250GB of Data	10Mbps	24 hours, 365 days a year
Next 50GB of Data	4Mbps
Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

You are able to purchase a once off data bundle to restore your service to an unmanaged state. This is a once off purchase which you pay for immediately, the topup is valid for the month of purchase as well as the following month. On renewal of your service on the 1st of each month any available topup data will be used first before your usage begins counting towards your managed usage limit. Topup data consists of equal day and night data. The day data is used between 7am and 11:59pm the night data is used between 12am and 7am. Once the topup has been depleted the service will return to the management state prior to the topup.

Data usage information and data balances are provided to TVK Sisonke Solutions once every 24 hours by Telkom.

A prorata invoice will be generated from the date of purchase until the end of the current month and debited accordingly.

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

Failure to Pay
Should we not receive payment for data purchased the data together with the SIM provided will be cancelled. If the client has opted to use their own SIM, the data service will be discontinued on their selected SIM. Once the SIM has been cancelled it cannot be reactivated.

Mobile Devices, Warranty and Exchange/Return Policy
Certain Mobile Devices are only available to be purchased together with a Data product and cannot be purchased as a stand-alone product. TVK Sisonke Solutions has a 7 business day device return policy from date of purchase. Units returned must be returned as shipped (i.e same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. TVK Sisonke Solutions will NOT arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to TVK Sisonke Solutions or the Supplier. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All Mobile Devices are covered by a product specific warranty as per the manufacturer’s warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return). Using incorrectly sized SIM cards and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, TVK Sisonke Solutions nor the Supplier will be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Failure to abide by TVK Sisonke Solutions’ policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Device warranty claims for Xiaomi products are supplied and serviced by Mobile in Africa, warranty claims for these products will not be facilitated by TVK Sisonke Solutions unless otherwise stated.

The Warranty on Xiaomi Smart Phones is 12 months, the battery and accessories provided with the smart phone carry a 6 month Warranty.

Device warranty claims for Huawei products and devices will be handled by TVK Sisonke Solutions who will deal directly with the Supplier on the clients behalf.

The warranty on Huawei devices is 12 months.

In order to speed up warranty claims and repairs we are required to provide the purchaser’s contact details to the suppliers. These details are provided to the supplier on condition that it may only be used to verify the purchase of the product and will not be used in any other manner.

Identity Verification Requirements (RICA)
By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

All Data products are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008). Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. Failure to produce the required aforementioned information will result in the product not being activated, regardless of any amounts billed.

Delivery of the data product will not take place if the required documentation is not produced and successfully verified. RICA verification must be done in person, for each new purchase of a data product regardless of whether the person/s has been RICA’ d previously. The drivers of the courier service used by TVK Sisonke Solutions are RICA agents and will RICA the user upon delivery of the order. The person who will use the SIM is the person who will be vetted and must therefore be available to accept delivery. Under no circumstances will someone else be able to accept delivery on behalf of the user. Should the order be for business purposes an authorized representative for the business must be available to accept delivery and be vetted in his/her own capacity on behalf of the business. Clients will be required in terms of the Act to keep their physical address updated with TVK Sisonke Solutions for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation together with legible copies thereof will be required for the RICA verification; the copies will be retained by the person delivering your RICA product:

For a Natural Person:

Proof of Identification
Proof of Physical Address (Home Address)

For a Business:

Proof of Company Details
Proof of Address
Letter authorising selected representative to act as representative on behalf of the business
Proof of Identity for the representative
Proof of physical home address of company representative

The following documents are accepted for verification purposes:

Identity Verification (Natural Persons and Company Representative):

Green bar-coded South African ID book
Valid temporary ID issued by Home Affairs
Valid South African passport
New bar-coded ID cards
For Non-South African citizens – Passport or valid VISA / permit

Company Detail Verification (Businesses):

Company registration documents
Tax Clearance Certificate
SARS registration documents, or
Any other Government issued documents containing the Company details

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

Lease Agreement (not older than 12 months)
Municipal Account (not older than 3 months)
TV License (not older than 12 months)
Telephone Account (not older than 3 months)
Bank Statement (not older than 3 months)
Retail account which is delivered to that address on a regular basis (not older than 3 months)

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

AUP

General Notice

Thank you for reading TVK Sisonke Solutions’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to clients and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at info@tvksisonke.co.za.

TVK Sisonke Solutions respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

Communications with TVK Sisonke Solutions and its Staff

Clients will be held liable for any malicious conduct directed towards TVK Sisonke Solutions or its staff in any way or form via any of TVK Sisonke Solutions’ communication channels.

Any form of aggression, abuse, bullying, offensive language, intimidation directed at TVK Sisonke Solutions or its staff on any platform or forum will be deemed abusive behaviour and will be deemed as a breach of our Acceptable Usage Policy and TVK Sisonke Solutions reserves the right to suspend and/or discontinue any and all services.

The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of TVK Sisonke Solutions or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and TVK Sisonke Solutions reserves the right to suspend and/or discontinue any and all services.

Unlawful Use

TVK Sisonke Solutions’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic.

This includes:

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of TVK Sisonke Solutions’s network is unacceptable.

This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by TVK Sisonke Solutions for this goal;
Any effort to use TVK Sisonke Solutions’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
Any activity which threatens to disrupt the service offered by TVK Sisonke Solutions through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
Any unauthorised monitoring of data or traffic on the network without TVK Sisonke Solutions’s explicit, written consent.
Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space & Third Party Content & sites

In reading this AUP or in signing a service contract with TVK Sisonke Solutions, you acknowledge that TVK Sisonke Solutions has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that TVK Sisonke Solutions cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the TVK Sisonke Solutions network websites and web pages or sites displayed as search results or contained within a directory of links on the TVK Sisonke Solutions network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

TVK Sisonke Solutions employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The client must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and TVK Sisonke Solutions reserves the right to delete and/or cancel posts which violate the following conditions:

Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

TVK Sisonke Solutions does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by TVK Sisonke Solutions in respect to usenet services is merely a convenience to TVK Sisonke Solutions clients to make the use of the service more convenient. TVK Sisonke Solutions accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. TVK Sisonke Solutions will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
Operating or maintaining mailing lists without the express permission of all recipients listed;
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
Using TVK Sisonke Solutions’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
Including TVK Sisonke Solutions’s name in the header or by listing an IP address that belongs to TVK Sisonke Solutions in any unsolicited email sent through TVK Sisonke Solutions’s network or not;
Failure to secure a client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. TVK Sisonke Solutions reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. TVK Sisonke Solutions also reserves the right to examine the mail servers of any users using TVK Sisonke Solutions’s mail servers for “smarthosting” (when the user relays its mail via a TVK Sisonke Solutions mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with TVK Sisonke Solutions’s privacy policy.

Spam/Virus Filtering

TVK Sisonke Solutions provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that TVK Sisonke Solutions shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Webmail

Webmail and other web based email services made available by TVK Sisonke Solutions are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that TVK Sisonke Solutions shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of TVK Sisonke Solutions. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Uncapped Fibre and DSL

The Uncapped Fibre and DSL products simply named Uncapped are Unshaped, Unthrottled and we do not implement usage Thresholds on these services.

The use of our uncapped service is for Home/Personal use only and may not be resold and may not be shared. The service may not be used to provide services, such as but not limited to, private servers, email and vpn services, network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of the what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. We thus reserve the right to manage uncapped users should network capacity be affected by outages, maintenance, pending upgrades or matters outside of our control.

Uncapped DSL and Home / Premium Uncapped Fibre
(Fibre Service Discontinued. No longer for sale to direct clients.)
These services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). These services are proactively managed by the TVK Sisonke Solutions Protocol Manager.

Premium Uncapped services are better suited to more advanced users, and are managed proactively by the TVK Sisonke Solutions Protocol Manager.

Premium Uncapped (DSL and Fibre) – TVK Sisonke Solutions Protocol Manager
(Fibre Service Discontinued. No longer for sale to direct clients.)
The TVK Sisonke Solutions Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the TVK Sisonke Solutions Protocol Manager. The TVK Sisonke Solutions Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the TVK Sisonke Solutions Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the TVK Sisonke Solutions Protocol Manager will be suspended and could have their service cancelled.

Uncapped DSL and Home Uncapped Fibre – TVK Sisonke Solutions Protocol Manager
(Fibre Service Discontinued. No longer for sale to direct clients.)
These services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.

There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the TVK Sisonke Solutions Protocol Manager and differ to the table below.

The thresholds per account speed are:

Speed	Threshold
1Mbps	20GB
2Mbps	40GB
4Mbps	80GB
5Mbps	80GB
8Mbps	100GB
10Mbps	120GB
15Mbps	160GB
20Mbps	200GB
30Mbps	225GB
40Mbps	250GB
50Mbps	250GB
100Mbps	300GB
200Mbps	400GB
500Mbps	600GB
1000Mbps	1000GB

Any user that is found attempting to bypass or circumvent the TVK Sisonke Solutions Protocol Manager will be suspended and could have their service cancelled.

Premium Plus Uncapped (DSL and Fibre)
(Fibre Service Discontinued. No longer for sale to direct clients.)
Please note that on 27 September 2017 the Business Uncapped Service had a name change to Premium Plus Uncapped, the Terms and AUP were un-affected by this name change.

This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the TVK Sisonke Solutions Protocol Manager. The TVK Sisonke Solutions Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. TVK Sisonke Solutions reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.

We reserve the right to use the TVK Sisonke Solutions Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the TVK Sisonke Solutions Protocol Manager will be suspended and could have their service cancelled.

MTN Fixed LTE Uncapped

The service may not be used to provide services, such as but not limited to, private servers, email and vpn services and network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of the what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. The following speed limitations will apply once the purchased service reaches the usage limit indicated in the table below in the current month. Speed limitations will reset to full speed attainable on the 1st of each month.

Product	Usage Limit	Speed Limited to
Uncapped LTE (up to 10Mbps)	50GB	2Mbps
Uncapped LTE (up to 20Mbps)	100GB	2Mbps
Uncapped LTE (up to 50Mbps)	250GB	2Mbps
Uncapped LTE (up to 100Mbps)	500GB	2Mbps
Uncapped LTE (Pro)	1000GB	1Mbps

TVK Sisonke Solutions reserves the right to manage the top 25% of users on the MTN Fixed LTE Uncapped service (old MTN LTE uncapped product).

Telkom Uncapped Fixed LTE

The Fair Usage Policy for Telkom Fixed LTE Uncapped services are as follows:

Service	Monthly Data Allocation	Speed	Times of operation

Uncapped Off Peak	First 350GB of Data	10Mbps	Midnight to 7pm, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

10Mbps Uncapped	First 500GB of Data	10Mbps	24/7, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

20Mbps Uncapped	First 600GB of Data	10Mbps	24/7, 365 days a year
	Next 50GB of Data	4Mbps
	Unlimited data thereafter*	2Mbps

*P2P/NNTP type traffic will be further throttled

In addition to the parameters set out above Telkom reserves the right to further throttle (slow down the speed) of any user found to be abusing the service across all traffic types in times where the network is under strain and with the express aim of providing a quality service across the network for all users.

Examples of customer behaviour which compromise Telkom’s network performance include, for example, causing network congestion, include running excessive concurrent internet sessions or accessing excessive bandwidth intensive protocols such as Peer to Peer and news servers’ protocols (NNTP). In the event of such behaviours, Telkom reserves the right to terminate the account of the user whose usage is continuously affecting Telkom’s network performance.

Hosting

TVK Sisonke Solutions offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at TVK Sisonke Solutions’ discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. TVK Sisonke Solutions reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

For Shared Hosting, TVK Sisonke Solutions will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. TVK Sisonke Solutions is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.

TVK Sisonke Solutions will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

TVK Sisonke Solutions prohibits Clients from doing the following on hosting platforms administered by TVK Sisonke Solutions:

Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
Running applications with inadequate security controls.
Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
Storing malicious content, such as malware or links to malware.
Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
Maintaining long-running processes and long-running database queries.
Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
Using poor passwords.
Sharing security credentials with untrusted parties.
Running Torrents for download or Seed Servers.
Running TOR (or other Online Anonymity Services).
TVK Sisonke Solutions strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.
Otherwise circumventing the Acceptable Use Policy or intended use of the product.

Protection of Minors

TVK Sisonke Solutions prohibits clients from using TVK Sisonke Solutions’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

TVK Sisonke Solutions respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse TVK Sisonke Solutions’s service.

TVK Sisonke Solutions urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and TVK Sisonke Solutions cannot be held liable for the client being placed on any bulk mailing lists as a result.

Where the client has authorised a minor to use any of the TVK Sisonke Solutions’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

TVK Sisonke Solutions cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the TVK Sisonke Solutions network. Further, TVK Sisonke Solutions assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client’s.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, TVK Sisonke Solutions may take any of the following steps:

In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
Institute civil or criminal proceedings;
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies

Reservation and Non Waiver of Rights

TVK Sisonke Solutions reserves the right to amend or alter this policy at any time, and without notice to you.

TVK Sisonke Solutions reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

TVK Sisonke Solutions reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

TVK Sisonke Solutions reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

TVK Sisonke Solutions reserves the right to suspend, revoke or cancel TVK Sisonke Solutions’s services to the client/user if the safety and integrity of TVK Sisonke Solutions’s resources are placed at risk in continuing to provide service to the subscriber/user.

TVK Sisonke Solutions reserves the right to remove any information or materials in whole or in part, that, in TVK Sisonke Solutions’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

TVK Sisonke Solutions does not undertake to guarantee the security of any data passing through its networks. Although TVK Sisonke Solutions will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and TVK Sisonke Solutions cannot be held liable for any loss or damage arising as result of the failure to do so.

TVK Sisonke Solutions does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should TVK Sisonke Solutions fail, neglect or elect not to enforce a breach of the AUP at any time.

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