These terms and conditions govern the use of all of the Netbits wireless internet services. Netbits offers uncapped wireless internet services – please visit our website for more information about the correct choice for you.

By contracting with Netbits for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.

The customer or the customer’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant’s behalf.

The provision of Netbits (Pty) Ltd wireless internet access service is subject to the provision of upstream services by Internet Solutions.

The following legal documents accordingly apply to the provision of the Netbits wireless internet service and are binding on any subscriber to such service:

• Netbits’s Acceptable Use Policy (AUP), also available in printed form from the Netbits Head Office or from any authorised Netbits Reseller;
• MTN’s AUP available at http://www.mtnbusiness.co.za/Legal/Pages/default.aspx

Customers and potential customers are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

Before subscribing to the Netbits wireless internet service please ensure that you have line of sight to Netbits radio towers as this is a prerequisite for provision of the service. Netbits advises potential customers to confirm the availability of the service in their particular desired location prior to purchasing, ordering or installation of radio equipment and other hardware.

The availability of wireless internet services can be checked and confirmed by Netbits.

Netbits can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the wireless internet access service can be provided.

Service availability to any applicant is further subject to:

•  Any credit checks which Netbits may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises Netbits to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
• Compliance by the applicant with the RICA customer registration requirements.

Service fees are payable to Netbits monthly in advance by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.
Billing will commence on the date on which service provision commences. If payments are missed within 30 days of invoice, all services will be suspended.

Netbits only operates month-to-month contracts (cancellable on 30 days’ written notice).

Netbits reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use but undertakes to act reasonably in doing so. Equipment on a 3 to 12 month contract will be Property of Netbits until contract is paid in full and until contract expiry.

The customer acknowledges that Netbits may terminate this agreement by written notice and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of the wireless internet service.

Subscribers should note that rollover of unused bandwidth is only offered with Netbits’s prepaid packages. Where a subscriber elects a fixed cap package, bandwidth not utilised during the relevant period is not carried over and is lost. The fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month.

Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access (other than dial-up access for fixed cap account users) will thereafter be allowed other than to the Netbits website for the purpose of ordering additional prepaid internet bandwidth.

Netbits Uncapped packages allow only one connection and user for each account while the Capped packages allow simultaneous connections from different locations for each account.

In order to ensure quality of service and experience across Netbits’ customer base Netbits employs NO throttling based on monthly usage. But Quality of service will be applied when necessary. 
Netbits reserves the right to amend its management of its Uncapped WIRELESS Internet services although a cap will not be applied.

Monitoring is session-based, i.e. bandwidth usage can only be calculated when the subscriber’s internet session is terminated. As a result a subscriber’s current session will be automatically terminated for a very short period of time every 24 hours.

Netbits further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber internet sessions.

Where a subscriber exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:

• Netbits, at its sole discretion, may allow a degree of over usage
• Such allowed over usage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Netbits’s rights to enforce the hard cap.
• Netbits may, at its sole discretion, recover the cost of the over usage. Such recovery will be from the subsequent month’s fixed cap or the next top-up purchased.

NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.

Netbits also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with.

Subscribers can proactively managing their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Netbits Client Zone – http://internet.netbits.co.za/

Netbits 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 the wireless internet access service.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. Netbits accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers’ authentication credentials.

The provision of the Netbits wireless internet service is subject to:

• The provision of upstream and network services;
• Network availability;
• Line of sight to Netbits’ radio towers

Netbits reserves the right to refuse internet service based on network, domain and/or equipment identifiers.

NETBITS WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.

THE CUSTOMER INDEMNIFIES AND HOLDS HARMLESS NETBITS IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST NETBITS ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

Netbits’s wireless internet service is a “best effort” service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

Netbits cannot guarantee the bandwidth throughput achieved when subscribers access the internet utilising radio access to the Netbits network.

Please note that wireless internet is an access medium to the internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Netbits will be entitled to assume that wireless internet service provision to a subscriber is in good working order until such time as the subscriber advises Netbits Support of any problems or service breaks.
Any faults or service interruption should be reported:

• online at https://www.netbits.co.za/ or
• by emailing.za info@netbits.com or
• by calling the Netbits Client Services during office hours on 071 896 1611

According to the circumstances of the service interruption and nature of the repairs required, Netbits will attend to faults reported by the subscriber during office hours and will apply its reasonable endeavours to have the wireless internet service restored in the shortest possible time.
If Netbits determines that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement with Netbits, the subscriber shall be liable for payment of the relevant call-out charge as determined by Netbits from time to time.

The subscriber shall be entitled to a credit on the rental amount payable for the service, pro rata to the duration of the interruption if the wireless internet service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit shall exclude rental for the twenty four (24) hour period.

The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Netbits Support.

Cancellations will only be accepted via email to info@netbits.co.za.
Netbits requires one calendar month’s written notice, which notice will take effect on the first day of the month immediately following the end of the notice period; Equipment purchased on a 3 or 6 month contract remains Netbits property until contract term expires.

Subscribers are required to note that, due to a variety of factors including upstream costs, tariffs and the terms and conditions of upstream providers, these terms and conditions are subject to change. Subscribers agree to check these terms and conditions regularly and Netbits will highlight any changes made.

Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Netbits.