Vodacom Fibre General Terms and Conditions


NOTICE OF CERTAIN TERMS AND CONDITIONS


THIS AGREEMENT CONTAINS PROVISIONS, WHICH ARE RECORDED IN A SIMILAR FONT TO THIS CLAUSE, AND WHICH PROVISIONS MAY HAVE THE EFFECT OF (I) LIMITING VODACOM’S LIABILITY OR RISK OR THAT OF A THIRD PARTY AND/OR (II) PLACING RISK OR LIABILITY ON THE CUSTOMER AND/OR (III) OBLIGING THE CUSTOMER TO IDENMNIFY VODACOM OR A THIRD PARTY AND/OR (IV) CONSTITUTING A POSITIVE ACKNOWLEDGEMENT BY THE CUSTOMER OF ANY FACT.


BY MAKING USE OF THE SERVICE(S) AND / OR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. 


General 


1. Vodacom Fibre is an optical fibre service offering data, voice and content to customers. 


2. Vodacom determines the most suitable technologies to provision data, voice and content services over the fibre network to
        meet its commercial requirements.


3. The Vodacom Fibre terms and conditions as detailed herein are subject to change from time to time. The amended terms
         will be uploaded to the Vodacom website


4. The amended terms will be deemed incorporated into the agreement and bind the subscriber from the date the
        amendment was uploaded on the website. 


5. Any change to the Vodacom Fibre terms and conditions will be available to the customer upon request and also be
       available on the Vodacom website. 


6. Vodacom has partnered with 3rd Party Network Providers to provide the network infrastructure through which Vodacom
       offers Fibre services as an Internet Service Provider (ISP).


7. The detailed Vodacom Fibre data and voice offering is available at www.vodacom.co.za/fibre


8. The Vodacom Fibre service is subject to: 


         8.1. Vodacom’s Standard contract terms and conditions.

         8.2. Vodacom’s Fair Usage Policy.

         8.3. Additional service or device specific terms and conditions mentioned below.


9. Vodacom shall remain the main point of contact for all Vodacom customers on 3rd Party Network Providers.


10. Where there is any conflict between any other terms and conditions mentioned and the Vodacom Fibre specific terms and
        conditions, the additional service or device specific terms and conditions shall prevail.


 

Provision of Services 


11. Vodacom can only provide the Vodacom Fibre service where there is a Vodacom fibre network presence or a 3rd Party Network Provider that has partnered with Vodacom.


12. Dark Fibre Africa (DFA), Openserve, Vumatel, Century City Connect, SA Digital Villages (SADV), Metrofibre Networx, Waterfall Access Network, Frogfoot, Link Africa, Octotel, MTN and TT connect are the Vodacom Fibre 3rd Party Network Providers.


13. Vodacom does not warrant the accuracy of the 3rd party Network Provider’s fibre coverage at a specific location therefore the provision of services will be subject to the 3rd Party Network Providers verifying the coverage details after the order has been placed with Vodacom.


14. If the 3rd Party Network Providers provides feedback that the address is not within the fibre covered area after the order has been placed with Vodacom, Vodacom will not be able to continue with the installation of the Vodacom Fibre service.


15. The Vodacom Fibre service is only available in selected urban areas.


16. Vodacom will only build a fibre network in a specified area if there is sufficient commitment from prospective customers.


17. The provision of the Vodacom Fibre service is subject to credit vetting and the successful conclusion of a Vodacom Fibre service contract with the customer.


18. The Vodacom Fibre service is available as a 24 month, 12 month and month-to-month service contract


19. The Vodacom customers who are offered Vodacom Fibre Services on 3rd party Network Providers shall only be able move to a different Network Provider on condition that the existing Vodacom Fibre service is cancelled and the balance of contract has been paid in full.


20. The Vodacom Fibre Broadband Uncapped & Capped price plans are available on either asymmetrical or symmetrical bandwidths depending on the speed supported by the network infrastructure provider.



         20.1.  Vodacom self-built network, Dark Fibre Africa (DFA), Openserve, Century City Connect and Fibrehoods network
                    infrastructure providers support asymmetrical bandwidth. The upload speed is 50% of the download speed. 

         20.2.  Link Africa, Frogfoot and Octotel network infrastructure provider support both symmetrical (Upload speed is the
                   same as the download speed) and asymmetrical bandwidth. (Upload speed is 50 % of the download speed)

         20.3.  SADV, Waterfall Access Network, Metrofibre, MTN and TT connect network infrastructure providers support                                 symmetrical bandwidth, both the upload and download speed are the same.

         20.4.  Vumatel and Vumatel Aerial network infrastructure provider support both symmetrical (Upload speed is the same as
                   the download speed) and asymmetrical bandwidth. (Upload speed is 10% and 25% of the download speed.) 

         20.5.  Octotel network infrastructure provider also support the upload speed which is 25% of the download speed for the
                   20Mbps and 100Mbps asymmetrical bandwidths.


21. VODACOM DOES NOT WARRANT AN UNINTERRUPTED VODACOM FIBRE SERVICE AND DOES NOT OFFER QUALITY OF SERVICE, UPTIME AND THROUGHPUT GUARANTEES.


22. Vodacom shall endeavour to maintain the Vodacom Fibre network and the Vodacom Fibre service to the best of its ability.


23. A customer may not resell the Vodacom Fibre service or use the Vodacom Fibre service for any commercial activities or where the service is on sold to other users.


24. Vodacom reserve the right to terminate any customer’s Vodacom Fibre service if it is found that the customer is reselling the service or using the Vodacom Fibre service for commercial activities.




Commencement and Duration 

25. The Vodacom Fibre service contract start date shall be the customer account activation date.


26. The Vodacom Fibre service contract shall remain in force for the contract period (i.e. 24 months or 12 months),  where after it shall continue on a month to month basis, until it is either renewed for a further period or terminated by either party on one calendar month written notice to the other.


27. In the event that any Vodacom Fibre service is discontinued for any reason prior to the expiry of the initial period, such discontinuation, along with the migration options or alternatives available to the customer will be communicated to the customer on reasonable prior notice.

28. Any Vodacom Fibre service contract which includes free or discounted customer equipment can only be renewed or cancelled without any penalty after the initial contract period.


29. When a Vodacom Fibre service contract is terminated during the initial contract period, an early cancellation penalty will apply, equivalent to all of the remaining subscriptions due for the initial period.



 

Service offering and pricing 


30. Vodacom reserve the right to adjust and amend the service offering and pricing from time to time.


31. Any adjustments or to services and pricing or additional services will be communicated on 30 days written notice or such other reasonable notice period as the circumstances require.


32. A customer may purchase the Vodacom Fibre services on the following channels:



         32.1. Vodacom Fibre portal available on  www.vodacom.co.za/fibre

         32.2. Vodacom Fibre Customer care (082 1904).


33. A customer has the option to purchase the following services:


         33.1.  Vodacom Fibre Broadband offering data connectivity with Internet access.

         33.2.  Vodacom Fibre Fixed Voice offering voice calls (national and international).

         33.3.  Vodacom Fibre Broadband with Fixed Voice.

         33.4.  Optional services such as Mobile Back-up and devices such as Uninterrupted Power Supply (UPS).

         33.5.  Value Added Services (VAS) such as ShowMax


34. The Vodacom Fibre Broadband uncapped FUP (fair use policy) limit and data allocation is valid for one calendar month.


35. The Vodacom Fibre Broadband order of consumption on capped data is based on expiry date of the bundle. The data bundles that expires first, is the data bundle that gets consumed first.


36. Vodacom Fibre customers will receive an invoice via email on the 3rd of the month following the bill date (1st of the month) for the contract period of 24 months, 12 months or month-to-month. The first Vodacom Fibre bill will be comprised of the pro-rated amount for the relevant month.


37. Vodacom Fibre monthly subscription will be billed in advance while the data and voice minutes usage will be billed in arrears.


38. The Vodacom Fibre pricing as specified at www.vodacom.co.za/fibre is subject to change from time to time and new pricing will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require


 

Installations 


39. Vodacom will appoint an approved installer to install the Vodacom Fibre service at the customer’s premises.


40. The approved installer will require reasonable access to the customer’s premises.


41. The approved installer will install the Vodacom Fibre service in accordance with the detailed installation guidelines for a standard installation as per the Vodacom Fibre Installation Schedule.


42. The detailed installation guidelines will include the maximum installation specifications that will be included in a standard installation.


43. If the Vodacom Fibre service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account. 



         43.1. Any additional installation expenses will be settled directly with Vodacom or with the approved installer.

         43.2. The installation will be deemed fully operational if the approved installer successfully tests the Vodacom Fibre
                  service with the Customer Premises Equipment (CPE) provided by Vodacom as part of the Vodacom Fibre service
                  contract.


44. The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by Vodacom.


45. The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations as detailed in the Vodacom Fibre Service Schedule.


46. The customer may not move or alter the Vodacom Fibre service installation and must notify Vodacom if there is a need to move or alter the installation.


47. Only a Vodacom approved installer may move or alter a Vodacom Fibre service installation.



48. The customer is required to sign the Customer Acceptance Certificate after installation of the service and equipment. In
        the event that the customer is not physically present at the time of installation and is therefore unable to sign the Customer
        Acceptance Certificate, it will be the duty of the customer to do so at his earliest convenience but no later than 48 hours
       post installation. The signed Customer Acceptance Certificate needs to be emailed to 
FTTXSchedulingTeam@vodacom.co.za. In the
       event that Vodacom does not receive a signed Customer Acceptance Certificate within the stipulated 48 hours, the service will be deemed to be accepted and the service billable to the customer.


Non-standard Installation


49. A non-standard installation for Vodacom network applies to cable length in excess of 40 (forty) metres.

50. The Vodacom approved installer will survey the customer premises to determine the customer’s preferred route and whether non-standard installation charges are applicable.

51. A non-standard installation shall entail the drop length that exceed the standard installation metres.

52. Vodacom will only bill the non-standard installation charges as a once-off.

53. Customers will be liable for any amount over and above the standard installation charges on the installation of the ONT or Switch which is limited to a specific linear metre as indicated below:

53.1. Installations on the Vodacom network are limited to 40 metres; the customer will be liable for any installation over 40 metres at a rate of R 200.00 (Incl. VAT) per linear metre.

53.2.
Installations on the Openserve network are limited to 8 metres; the customer will be liable for any installation over 8 metres at a rate of R 182.40 (Incl. VAT) per linear metre. Openserve does not install any non-standard installation requirements that exceed 200 metres.

53.3.
Installations on Metrofibre network are limited to 15 metres; the customer will be liable for any installation over 15 metres at a rate of R 182.40 (Incl. VAT) per linear metre. Over above this, Metrofibre charges a once off fee of R1500 in some areas and R2500 for Kyalami and agricultural areas.

53.4.
Installations on FrogFoot network are limited to 30 metres; the customer will be liable for any installation over 30 metres at a rate of R 57 (Incl. VAT) per linear metre. The amount will be paid to Frogfoot directly

53.5.
Installations on the Link Africa network are limited to 30 metres; the customer will be liable for any installation over 30 metres at a rate of R 228.00 (Incl. VAT) per linear metre.

53.6.
Vumatel, SADV and Octotel fibre installations to the home are not limited to a specific metres; therefore customers taking up a on these networks will not incur additional charges on installation.

53.7.
Installations on the MTN network are limited to 8 metres; the customer will be liable for any installation over 8 metres at a rate of R 184 (Incl. VAT) per linear metre. MTN does not install any non-standard installation requirements that exceed 200 metres

53.8.
Installations on the TT Connect network are limited to 15 metres; the customer will be liable for any installation over 15 metres at a rate of R 173.00 (Incl. VAT) per linear metre.


54. The Vodacom non-standard installation charges will be billed on following month Vodacom Fibre bill.


55. If the customer cancels the Vodacom Fibre service after the installation of the ONT by the Network provider then the customer will be liable for non-standard


Customer Equipment


56. The following equipment related to the Vodacom Fibre service will be installed at the customer’s premises:


56.1. An Optical Network Terminal (ONT) that forms part of the Vodacom fibre network or 3rd Party Network Provider

56.2. A CPE with Wi-Fi capability, more commonly known as a router

56.3. An optional telephonic device if voice services are included in the Vodacom Fibre services

56.4. An optional LTE / 3G modem for GSM backup (please refer to specific Mobile Backup terms and conditions); and

56.5. An optional UPS (please refer to specific UPS terms and conditions)


57. The ONT remains the property of Vodacom or 3rd Party Network Provider at all times.


58. The CPE will form part of the Vodacom Fibre service contract.


59. After the Vodacom Fibre price plan initial contract period (24 month or 2 consecutive 12 month price plans), the CPE and any other customer equipment (excluding the ONT) becomes the property of the customer. A customer on month-to-month will own the CPE if they have been on the month-to-month price plan for 24 consecutive months.


60. A two-year warranty will apply to all customer equipment provided by Vodacom.


61. If customer equipment is swapped out by an approved installer as part of fault management, the warranty of the replacement customer equipment will be valid for the balance of the Vodacom Fibre service contract period.


62. The customer gives Vodacom permission to configure the router for additional Service Set Identifier’s (SSID’s) to enable supplementary services.


63. Any use of a customer’s router for additional SSID’s will be at no charge to the customer and will not impact the customer’s service.


64. Vodacom will not provide the username and password of the CPE device to the customer because the CPE device is remotely managed by Vodacom.



Service interruptions


65. Vodacom will endeavor to limit service interruption occurrences to the Vodacom Fibre service and the length thereof.


66. In the case of a service interruption in the Vodacom Fibre service, Vodacom will deploy technical teams to address any network faults.


67. If a customer detects a service interruption in the Vodacom Fibre service, the customer has to notify Vodacom customer care of the interruption.


68. If the service interruption in the Vodacom Fibre service is traced to a customer’s Vodacom Fibre installation or customer equipment, then Vodacom will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault.


69. If in the event of a service interruption in the Vodacom Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Vodacom will charge the customer the applicable rates for dispatching the service team to rectify the service interruption.


Liability


70. VODACOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE TO THE PROPERTY OR EQUIPMENT OF THE CUSTOMER ARISING OUT OF THE PROVISION, INSTALLATION OR MAINTENANCE OF VODACOM’S FIBRE SERVICE, EXCEPT WHERE SUCH LOSS OR DAMAGE TO THE PROPERTY OR EQUIPMENT IS CAUSED DUE TO THE GROSS NEGLIGENCE OF VODACOM OR ITS AGENTS.  VODACOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE TO THE EQUIPMENT OF THE CUSTOMER ARISING OUT OF THE CUSTOMER’S USE OF THE CUSTOMER EQUIPMENT.


71. VODACOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF THE USE OF THE VODACOM FIBRE SERVICE, INCLUDING LOSS OR DAMAGE DUE TO USING THE INTERNET AND/OR TRANSFERRING FILES AND CONTENT.


Fair Usage Policy

72. VODACOM RESERVES THE RIGHT TO USE A FAIR USAGE POLICY (FUP) TO MANAGE ITS NETWORKS IN ORDER TO MAINTAIN ACCEPTABLE LEVELS OF CUSTOMER EXPERIENCE.


73. The Vodacom Fibre services are subject to a FUP.


74. The Vodacom Fibre FUP is subject to change from time to time.


75. The Vodacom Fibre Broadband uncapped FUP and the reduced line speed applicable to  Vodacom self-build and Bitstream, when the FUP is reached is shown below:


         Line Speed when the FUP limit is reached: 2 Mbps










Network
Provider


Speed (Mbps)

FUP (GB)

4

10

20 / 25

40 / 50

100

200

Century

 

500

750

1 500

2 500

 

DFA

 

500

750

1 500

2 500

 

Frogfoot

 

500

750

1 500

2 500

 

Link Africa

 

500

750

1 500

2 500

 

Metrofibre

 

500

750

1 500

2 500

3 000

MTN

300

500

750

1 500

2 500

 

Octotel

 

500

750

 

2 500

 

Openserve

 

500

750

1 500

2 500

 

SADV

 

500

750

1 500

2 500

 

TT Connect

 

500

750

1 500

2 500

 

Vodacom

 

500

750

1 500

2 500

 

Vumatel

 

500

750

1 500

2 500

 

WAN

 

500

750

1 500

2 500

 


76. The Vodacom Fibre Broadband uncapped price plans do not have out-of-bundle rates.


77. Vodacom reserves the right to terminate the contractual relationship with customers who regularly breach the fair usage policy for Vodacom Fibre Broadband price plans on no less than 30 days prior written notice.


78. A customer cannot load a top-up bundle to restore the speed on a Vodacom Fibre Broadband uncapped price plan.


 Non payment

79. Vodacom Fibre services may be suspended in the event of non-payment.

80. A reconnection fee for services that have been suspended may be applied.

81. A customer will be billed the balance of contract when the suspension is initiated due to non-payment. Failure to

 settle the -payment after services have been suspended, customer services will be terminated. 

82. IN AN EVENT THAT CUSTOMER SERVICES ARE TERMINATED DUE TO NON-PAYMENT, A CUSTOMER WILL BE CHARGED A BALANCE OF CONTRACT. 

83. The following balance of contract will apply to all terminated contract:

83.1. A customer will be liable for the Vodacom Fibre subscription, Vodacom CPE cost and all once-off

installation and activation charges including those paid to 3rd Party Network Provider by Vodacom on behalf of the

customer.

83.2. E.g. if a 24 month contract customer is terminated  on the Vodacom Fibre service in month 12, then the

customer will be liable for the following:

Vodacom Fibre  Subscription : Balance of contract will be 24 months – 12 months = 12 months X monthly

subscription

All once-off costs: 24 months – 12 months = 12 months X (all once-off costs / 24)

The recovery costs  of the CPE is calculated as follows for 24 month price plans : 24 months – 12 months on

the existing price plan = balance X CPE cost / 24

83.3. E.g if a 12 month contract customer is terminated  on the Vodacom Fibre service in month 6, then the

customer will be liable for the following:

Vodacom Subscription : Balance of contract will be 12 months – 6 months = 6 months X monthly subscription

All once-off costs: 12 months – 6 months = 6 months X (all once-off costs / 12)

The recovery costs  for CPE is calculated as follows for 12 month price plans : 12 months – 6 months on the

existing price plan = balance X CPE cost / 12

83.4. E.g if a month to month contract customer  is terminated on  the Vodacom Fibre service in month 6, then

 the customer will be liable for the following:

All once-off costs: 12 months – 6 months = 6 months X (all once-off costs / 12)

The recovery costs for CPE is calculated as follows for month-to-month price plans : 12 months – 6 months on

 the existing price plan = balance X CPE cost / 12 

84. IN THE EVENT OF A TERMINATION OR CANCELLATION OF THE CONTRACT, ANY UN-USED ALLOCATIONS OF DATA, VOICE MINUTES OR OTHER SERVICES (I) ARE NOT TRANSFERABLE AND (II) WILL BE FORFEITED.



Termination & Cancellations after Vodacom CPE installation 


85. CANCELLATIONS WITHIN THE CONTRACT PERIOD WILL CARRY A PENALTY EQUIVALENT TO ALL THE REMAINING SUBSCRIPTION DUE FOR THE REMAINDER OF THE 24 MONTH OR 12 MONTH CONTRACT PERIOD.


86. Customers that cancel their contracts before the end of the contract period will be liable for all the Vodacom CPE and subscription charges as well as all amounts paid by Vodacom to the network provider on behalf of the customer such as the:

86.1. Vodacom CPE (router),
86.2. Vodacom Fibre monthly subscription ,
86.3. Cost of installation of the ONT,
86.4. Service activation charges

87. The cost of the router provided is recovered over a 24-month period for 24-month price plans and over 12 months for 12 month and month-to-month price plans. 


88. The recovery costs is calculated as follows for 24 month price plans : 24 months – total months on the existing price plan = balance X CPE cost / 24.


89. Example: A customer on a 24-month price plan who cancels their contract in month 12 will be liable for the remainder of the cost associated with the router. The recovery costs is calculated as follows: 24 month – 12 months = 12 months X CPE cost / 24.


90. The balance of contract for monthly subscription is calculated as follows for 24 months: 24 months – total months on the existing price plan = balance X monthly subscription.


91. Example: A customer on a 24-month price plan who cancels their contract in month 12 will be liable for the remainder of the subscription for the remaining 12 months of the contract. The cost is calculated as follows: 24 months – 12 months = 12 months X monthly subscription.


92. The recovery for the costs of the ONT installation and service activation charges is calculated as for 24 months: 24 months – total months on the existing price plan X total charge of the network provider / 24.


93. Example: A customer on a 24 month price plan who cancels their contract in month 12 will be liable to pay all the charges that were paid by Vodacom to the network provider on behalf of the customer (ONT installation charges, service activation charges). The cost is calculated as follows: 24 months – 12 months X total charge of the network provider / 24.


94. The recovery cost is calculated as follows for 12 month and month-to-month price plans : 12 months – total months on the existing price plan = balance X CPE cost / 12.


95. Example: A customer on a 12 month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs is calculated as follows: 12 month – 6 months = 6 months X CPE cost / 12.


96. Example: A customer on a month-to-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs is calculated as follows: 12 month – 6 months = 6 months X CPE cost / 12.


97. The balance of contract for Subscription is calculated as follows for 12 months: 12 months – total months on the existing price plan = balance X monthly subscription.


98. Example: A customer on a 12 month price plan who cancels their contract in month 6 will be liable for the remainder of the subscription for the remaining 12 months of the contract. The cost is calculated as follows: 12 months – 6 months = 6 months X monthly subscription.


99. The recovery for the costs of the ONT installation and service activation charges is calculated as follows for 12 months and month to month: 12 months – total months on the existing price plan X total charge of the network provider / 12.


100. Example: A customer on a 12 months and month to month price plan who cancels their contract in month 6 will be liable to pay all the charges that were paid by Vodacom to the network provider on behalf of the customer (ONT installation charges, services activation charges). The cost is calculated as follows: 12 months – 6 months X total charge of the network provider / 12.


101. The customer will be liable for any termination or cancellation penalties applicable to the customer subscription, Vodacom CPE or service activation charges before the Vodacom Fibre contract can be cancelled.


102. Any penalties applicable to customer equipment due to termination or cancellation will be included in the last invoice.


103. Vodacom will inform customers 30 days in advance of the initial contract end period.


104. Customers will need to inform Vodacom one (1) calendar month in advance for any cancellation/termination request to enable Vodacom to complete processing the cancellation/termination.



Cancellation and Termination before Vodacom CPE installation 


105. If the customer cancels the Vodacom Fibre service prior to the installation of the Optical Network Terminal (ONT) by the Network Provider i.e. Vodacom, Dark Fibre Africa (DFA), Openserve, Vumatel Century City Connect, SA Digital Villages (SADV), Metrofibre Networx, Waterfall Access Network, Frogfoot, Link Africa,  Octotel, MTN and TT connect .


106. If the customer cancels the Vodacom Fibre service after the installation of the ONT by the Network provider then the customer will be liable for an installation fee.


107. The customer will be liable for any termination or cancellation penalties applicable to the ONT installation and service activation before the Vodacom Fibre contract can be cancelled


108. The installation fee of the ONT varies per Network Provider.


109. The installation fee applies across month-month, 12 month and 24 month contract periods.


110. IN THE EVENT OF A TERMINATION OR CANCELLATION OF THE CONTRACT, ANY UN-USED ALLOCATIONS OF DATA, VOICE MINUTES OR OTHER SERVICES (I) ARE NOT TRANSFERABLE AND (II) WILL BE FORFEITED.



 

Upgrades and Migrations 


111. The customer may migrate to any other Vodacom Fibre service offer by contacting one of the customer touch points and submitting the request.  

111.1. The request to migrate will be subject to the subscriber’s current package and which package they wish to migrate to

111.2.
Vodacom may in certain instances have specific migration rules for a particular package which restricts migrations. For Clarity: If the subscriber is on a promotion and received free services, that subscriber will not be able to migrate out of the promotion into another promotion. These rules will be listed for each applicable price plan where applicable. The subscriber is required to be familiar with these package specific rules for which they are signed up. 


112. Definitions:

        112.1. Upward Migration: An upward migration refers to the scenario when the subscriber wishes to move to a
                  package of a higher base subscription than the existing package. 
For Clarity: Where a customer on a
                 R599 package wishes to migrate to a R799 package, this will be considered an upward migration. 

         112.2. Downward Migration: A downward migration refers to the scenario when the subscriber wishes to move
                   to a package of a lower base subscription than the existing package. 
For Clarity: Where a customer on a
                   R799 package wishes to   migrate to a R599 package, this will be considered a downward migration. 


113. Upward and downward line speed migrations may attract a once-off fee as per the product catalogue available on the Vodacom website https://help.vodacom.co.za/personal/subtopics/61/Vodacom-Fibre/5475/Vodacom-Fibre-Pricing 


114. Upward and downward contract term migrations may attract a once-off service activation fee as per the product catalogue available on the Vodacom website https://help.vodacom.co.za/personal/subtopics/61/Vodacom-Fibre/5475/Vodacom-Fibre-Pricing 


115. FOR AN UPGRADE OR MIGRATION, ANY ALLOCATED BUT UNUSED DATA, VOICE MINUTES AND OTHER SERVICES ON THE OLD SERVICE PACKAGE WILL NOT BE ELIGIBLE FOR TRANSFER TO THE NEW SERVICE PACKAGE. THESE ALLOCATIONS WILL BE FORFEITED AND THE NEW SERVICE PACKAGE WILL START FROM A NEW ALLOCATION AS PER THAT SERVICE PACKAGE. 

 

Relocation and Moves


116. If the customer wishes to move the location of the Vodacom Fibre service, the following will apply:


         116.1. All moves and relocations are subject to one (1) calendar month notice.

         116.2. Moves will be allowed subject to a feasibility study on whether a Vodacom Fibre service can be provisioned at                              the new location.

         116.3. Any additional costs relating to the provisioning of the Vodacom Fibre service at a new location will be charged                            to the customer with prior approval.


117. If a Vodacom Fibre customer re-locates to a location with no Vodacom Fibre network, the customer will be able to cancel the Vodacom Fibre contract without penalties however the customer will be liable for any outstanding fees applicable to the CPE.


118. When the customer relocates or move the Vodacom Fibre service to a different address, a new 24 month, 12 month or month-to-month contract period will apply unless instruction is received by Vodacom to cancel the existing contract which will be subject to Vodacom’s cancellation policy referred to herein.


119 If a Vodacom Fibre customer moves the Vodacom CPE within the customer premises, the following will apply: 


         119.1. A Vodacom Fibre customer will be responsible for charges associated with the move and any non-
                   standard  installation charges (where applicable).

 
 

Fixed Voice 


120. The Vodacom Fibre Fixed Voice service is dependent on a Vodacom Fibre Broadband installation.


121. The customer will receive a Vodacom Fibre Fixed Voice non-geographic telephone number.


122. The customer can port a geographical telephone number to the Vodacom Fibre Fixed Voice service.


123. All national on-net (Vodacom Fibre to Vodacom Fibre and Vodacom Fibre to Vodacom GSM) and off-net (Vodacom Fibre to any other operators) calls will be deducted from the Vodacom Fibre Fixed Voice price plan allocations or at the default out-of-bundle rates if the price plan allocation is depleted.


124. Vodacom Fibre Fixed Voice minutes will carryover for up to three (3) months.


125. The Vodacom Fibre Fixed Voice order of consumption is based on expiry date of the voice minutes. The minute bundle that expires first, is the bundle that gets consumed first.


126. All international calls will be charged at the current Vodacom international calling rates.



Vodacom Fibre Promotions

 

127. Vodacom will run promotions on its fibre packages at its discretion from time to time


128. These promotions will have a start and end date during which time subscribers can sign up


129. The standard terms and conditions stated herein will apply to any promotions 


130. Where terms and conditions deviate for any promotions they will be stated in specific terms and conditions for the promotion


131. Subscribers who are signed up to any promotion will have to live out the duration of that promotion and will not be eligible to migrate out of the promotion into any other promotion or revised price plans 


132. Cancellations of a promo will trigger the “Cancellation and Termination” clause contained herein and any specific cancellation conditions listed in any specific terms for the promotion 


133. Promotional offer monthly subscriptions will be valid for a maximum period of 24 months from the date of service activation 


         133.1. Month to month, 12 month and 24 month subscribers will be migrated to the price plan that they have subscribed to as it exists in the market at the end of the 24 month period 


134. Vodacom reserves the right to discontinue promotions at any time.

 

Complaints Handling Procedure


135. Vodacom will endeavour to resolve all customer related service interruptions timeously;


136. If the customer believes that the problem is not being adequately attended to; please contact our Contact Centre on 082 1904 (available from 06:00 until 22:00, seven days a week) and request to speak to the Contact Centre Manager (or an authorised delegated representative) to facilitate the escalation.


137. The escalation will be investigated and feedback will be provided to the customer within a reasonable turnaround time.


138. This provision shall hold for all queries where internal competencies abound for resolution. Where the resolution of a query is dependent on the input of a third party network provider (e.g. network element, value added service or service provisioning interfaces and/or installation), resolution would be dependent on Service Level Agreements (SLAs) agreed with network/service provider and to the extent that the customer is not required to engage with the third party network provider directly.


139. If the customer is not satisfied with the resolution; the customer has the right to request the Contact Centre Manager to further escalate the matter to FTTH Escalations for further investigation. A Service Request Reference number will be communicated to the customer and will be used in all further correspondence with the customer.


140. Upon exhaustion of all aforementioned options to resolve complaint(s) and a customer is still not satisfied with Vodacom, such customer is at liberty to escalate his grievance(s) to the Independent Communications Authority of South Africa (ICASA).


Usage Notifications


141. Vodacom will forward usage notifications to Vodacom Fibre subscribers informing them of the available data balance depleted on their contract.


142. For capped services, the notifications will be sent at 50% (fifty percent), 80% (eighty percent) and 100% (one hundred percent) of available data balance depletion 


143. Upon depletion of the Subscriber’s allocated data, the subscriber’s line speed will be reduced to 2 Mbps until the subscriber purchases a Top up Bundle or has data transferred to them from another Vodacom Fibre subscriber.  All data transferred shall be subject to the Data Transfer rules herein. 


144. For uncapped services with an FUP as detailed above, notifications will be sent at 100% (one hundred percent) of available data balance depletion. 


145. Upon depletion of the Subscriber’s uncapped service FUP, the subscriber’s line speed will be reduced to 2 Mbps until the following month. 



Data Carry Over


146. During the last 7 (seven) days of the current billing month, Vodacom Fibre subscribers will be allowed to carry over any unused data allocated in the current month to the next month with a 30 (thirty) day validity. FOR CLARITY: data allocated in June 2018 that is unused by 30 June 2018 will carry over to July 2018 and will remain valid up until 30 July  2018


147. The minimum data size that can be carried over is 251 MB. If the data balance available is less than or equal to 250 MB, the Subscriber will be notified accordingly. 


148. Data carry over requests are provided as a free service, and, Vodacom reserves the right to amend this as required. 


149. Vodacom Fibre subscribers can contact the customer support center to request a data carry over. This request will be valid for only one carry over and not automatically enable carry over in the following months. The customer will need to request a carry over each time they wish to execute this option. 


150. Data carry over is not available to uncapped fibre subscribers and Top Ups. 


151. Carry over of data is only available on the same Vodacom Fibre service of the account holder. Carry overs between different fibre services on the same account holder is not allowed. 


152. Unused carried over data not utilised within the extended carry over period will be forfeited 


153. The order of consumption of the various data bundles will follow the FIFO (first in first out) rule where the data expiring first will be consumed first. 


Data Transfer


154. During the last 7 days of the current billing month, Vodacom Fibre Broadband subscribers will be allowed to transfer unused, active data allocated in the current month to another Vodacom Fibre Broadband subscriber. 


155. During the last 7 days of the current billing month, Vodacom Fibre Broadband subscribers will be allowed to transfer unused, active Top Up data purchased in the current month to another Vodacom Fibre Broadband subscriber. 


156. The minimum data size that can be transferred is 251 MB. If the data balance available is less than or equal to 250 MB, the Subscriber will be notified accordingly. 


157. Data that is carried over and which satisfies the eligibility criteria above, can be transferred. Un-used carried over data will be forfeited.


158. The initial expiry date of transferred data is in force after the data has been transferred. There will be no extension on the initial expiry date for transferred data. 


159. Data transfer requests are provided as a free service, and, Vodacom reserves the right to amend this as required. 


160. Vodacom fibre subscribers will contact the customer support center to request a data transfer. 


161. Data transfer is not available to uncapped fibre subscribers. 


162. Transfer of data is only available between Vodacom Fibre subscribers. 


163. The order of consumption of the various data bundles will follow the FIFO (first in first out) rule where the data expiring first will be consumed first.



Privacy Policy


164. Vodacom does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, Vodacom will not sell your personal information to third parties unless you give us your specific permission to do so. For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws

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