DEFINITION
WISH, shall here forth refer to Wish Networks (Pty) Ltd. (Reg. No. 2011/120384/07)
These terms and conditions to prevail
These terms and conditions (hereinafter referred to as “this agreement”) constitute the whole of the agreement between WISH and the subscriber.
Duration
This agreement shall be valid for from the day it is accepted until the last day that the subscriber has been connected to the service. This agreement shall be kept valid should a subscriber reconnect to the service, within 3 months of any previous connection.
Charges
The charge for the subscriber’s entitlement to use the service is a monthly fee paid in advance.
New wireless clients are required to pay for a full month up-front regardless of the date of sign-up. Pro-rata fees are only applicable on WISH Fibre subscriptions.
WISH reserves the right to adjust service charges and terms at their sole discretion. These changes will be brought into effect during the 1st calendar month following such a decision.
Subscriber’s obligations
The subscriber is advised not to allow any other party access to the service through his/her unique network access device, since he/she will be held responsible and liable for any traffic originating from that device.
The subscriber may not at any time use the service in contravention of any South African law. The subscriber undertakes to familiarise him/herself with applicable law and undertakes to ensure that he/she is kept continuously appraised of all South African law which has any bearing on the service and/or its use. WISH has no obligation to assist the subscriber in this regard.
All subscriptions end at midnight on the last day of each month. If a subscriber wishes to be connected uninterrupted into the next month, it is his/her responsibility to renew the subscription by means of timely payment during the last week of the previous month. Payment notification is essential.
Service provider’s obligations
If it is no longer possible to provide the service due to conditions beyond of our control, all subscriber agreements will become null and void, and only monthly connection fees for complete future months already paid in full, shall be refunded.
Warranties
WISH does not make any representation nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its sustainability for any purpose. WISH does not warrant or guarantee that the information transmitted by and/or available to the subscriber by way of the service –
will be preserved or sustained in its entirety;
will be suitable for any purpose;
will be secure and protected from unauthorized access;
will be free of inaccuracies or defects or bugs or viruses of any kind,
and WISH assumes no liability, responsibility or obligations regarding any of the aforementioned exclusions .
Exclusion of Liability
Except as otherwise expressly provided herein to the contrary, WISH shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings).
The subscriber hereby indemnifies WISH against and holds WISH harmless from any claim by any party arising directly or indirectly out of access to or use of any service or information obtained using the WISH network.
Termination of service
The subscription can be suspended in the absence of any confirmed payment or notification of payment from the subscriber. WISH will inform the subscriber via email and / or sms.
WISH reserves the right to terminate the service at any time at their sole discretion and WISH shall use best endeavours to provide the subscriber with as much prior notification in advance of said termination, and the reason therefore, to enable subscriber to make alternative arrangements.
Variation
WISH may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Tax Exemption
Unless otherwise noted all prices on this web site includes Value Added Taxes (VAT). Residents from outside the Republic of South Africa are exempt from South African VAT.
Consumer Rights
The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by Consumers:
A right to be provided with the required service without unfair discrimination;
A right to choose the service provider of the Customer’s choice;
A right to receive information in the Customer’s preferred language (WISH will do its best to meet this request where reasonable);
A right to access and question records held by WISH which relate to the Customer’s relationship with WISH;
A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s express permission;
A right to port a number in terms of applicable regulations;
A right to lodge a complaint; and
A right to redress.
Availability of Information
The following information can be obtained from WISH by email request to info@wishnetworks.co.za (with no charge payable), and is available for inspection at WISH’s offices during Business Hours:
WISH’ range of services/products on offer;
Tariff rates applicable to each service offered;
Terms and conditions applicable to such services/products;
Payment terms;
Billing, billing processes and the Billing Disputes Procedure;
General Complaints Procedure, and
Relevant contact details.
Billing
WISH will provide the customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the customer.
Billing terms are also set out on WISH’s invoices.
Billing Enquiries should be directed to accounts@wishnetworks.co.za.
The customer expressly acknowledges and agreed that:
Any charge recorded on an invoice which is not submitted in accordance with the Billing Disputes Procedure is payable in full to WISH by the due date of that invoice;
An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);
The Billing Disputes Procedure is only triggered when WISH receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount.
Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger the Billing Disputes Procedure. Billing Enquiries should be directed to accounts@wishnetworks.co.za.
Please note that WISH will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.
Defective Items
Where a product is defective, WISH will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.
Application/Credit Vetting
Where applicable, WISH reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.
Terms and Conditions of Service
WISH will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions thereof will be provided to the Customer within seven (7) Business Days.
These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination.
Where WISH affects changes to the terms and conditions of its service, WISH will inform the Customer of such changes within a fair and reasonable period.
Minimum Service Standards
WISH will, subject to events and conduct beyond its reasonable control:
provide a minimum of 95% network service availability measured over six (6) months;
provide a minimum of 95% service availability measured over six (6) months;
attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days of request, while meeting the balance of requests within forty (40) Business Days of request;
provide full reasons to the Customer where WISH is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;
attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) Business Days of request, provided that the applicant is within WISH’ specified coverage area;
maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;
respond within three (3) minutes (averaged over twelve months) to any call directed to the WISH call centre during business hours;
monitor its network 24 hours a day, 7 days a week, 364/5 days a year.
Customers acknowledge that WISH is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that WISH cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
Service Details
Availability of services are subject to a signal test conducted from the subscriber premises. Note that the network performance is directly related to the signal strength and under low signal strength conditions slower and/or inferior connectivity could be experienced. The average speeds available on the service at minimum should be 60% of quoted speeds, depended on site specific factors such as contention ratio and distance to the high site.
Subscription Terms:
Accounts are billed monthly in advance, you pay at the end of the month for the next month.
A Tax invoice is emailed at the end of the month for the upcoming month.Statements are not sent automatically but can be requested by sending an email to accounts@wishnetworks.co.za.
A debit order payment agreement is required for all uncapped and unlimited data packages.
Bandwidth does not carry over to the next month. Pro-rata fees are only applicable on WISH Fibre subscriptions.
You can change your data package for the upcoming month by notifying us (send an email to accounts@wishnetworks.co.za) before the 20th of the current month.
Accounts are automatically reloaded on the first of each month unless a notification was received to change a package.
Unless arranged otherwise your account can be suspended if outstanding. The account can be reactivated as soon as proof of payment has been received.
Uncapped data packages are subject to WISH Networks' FUP (Fair Usage Policy) available on request / on our website www.wishnetworks.co.za.
The service is further subject to WISH Networks' Terms and Conditions which is available on request.
Accounts are reset on the 1st of every month, and top-ups / data boosters can be ordered on any wireless monthly subscription during the month with unused bandwidth expiring at midnight on the last day of the month. Top-ups / data boosters should be ordered through the web interface or SMS service. No topup / data booster options available on Fibre or prepaid solutions.
Note that the account holder is responsible for all data transferred through the account. Consciously or via an automated program. We can provide assistance, but the final set up of the computer, and how to manage bandwidth effectively,is the responsibility of the account holder. Should any legal notices arise from use/misuse of the account, these will be forwarded to the main account holder.
WISH reserve the right to take any means necessary to protect our network to ensure that the service is equitable to all users.
Contact Info
Phone: 087 805 7480
After Hours: 082 935 7097
Email:
Support: support@wishnetworks.co.za
Accounts: accounts@wishnetworks.co.za
Info: info@wishnetworks.co.za
Sales: sales@wishnetworks.co.za
Shop address: 48 Bird Street, Central Stellenbosch, 7600