1. Fixed LTE Service will endeavour to deliver wireless broadband internet services for the customer within the MTN pre-defined Coverage Areas.
  2. Due to the technology and operational specifications of the Fixed LTE Service, it is recorded that Active Fibre may only sell the Fixed LTE Service within the areas as identified by the Coverage Area as made available by MTN. The Coverage Area is the only source indicating the availability of the Fixed LTE Service in certain areas.
  3. The expansion of the Coverage Area will be ongoing and will vary.
  4. Outside of the Coverage Area will result in the End-User receiving no or an impaired Fixed LTE Service. Should the Customer have Fixed LTE Services that are outside the Coverage Area, Active Fibre will not be responsible for the quality of such Fixed LTE Service which is received or even when the Fixed LTE Service is no longer available;
  5. Any reasonable and additional support costs will be incurred by Customer as a result of being outside the Coverage Area, will be borne by the customer.
  6. The Fixed LTE Service will not permit Roaming of any nature. Once registered on the initial base station, the Fixed LTE Service will be locked to that base station. Should the SIM attempt to be used as a Roaming service, the SIM will be blocked and no longer be able to log in. The SIM will be required to be replaced should the Service still be required at the cost of a SIM swap which will be carried by the customer. Active Fibre will not be liable for any claim or be required to provide support for poor network performance due to the non-compliance.
  7. It is recorded that Active Fibre does not give or make any warranties, representations or guarantees whatsoever, whether implied or express, in relation to the availability, reliability, accuracy and security of the Network.Capacity or Network Coverage as the Fixed LTE Service, due to its technical nature, is a best effort service.
  8. Fixed LTE Services Billing Conditions:
    1. Anytime Data means data used during the hours of 05:00 to 23:59
    2. Night-Time Data means data used during the hours of 00:00 to 04:59
  9. Billing is based on a fixed rate per month for active and/or Suspended Accounts
    1. When deleting accounts, proration does not apply
    2. Account deletion is only affected on the last day of the month
    3. The End-User receives data per calendar month based on a split between Anytime and Night-Time Data zones
    4. The Fixed LTE Packages are configured on a month to month basis;
    5. Pro Rata billing is applied to the month the Fixed LTE Package is activated for both data and price Cancellations are only processed for month-end
  10. Data Validity
    1. Any unused monthly subscription data shall be valid for 1 month
    2. Top-Up Data will be valid for one month
    3. Top-Up Data will be depleted first, followed by the monthly subscription data allocation
    4. Top-Up Data Packages will be provisioned as Anytime Data.
  11. Package Migration
    1. If an End-User via the Reseller, decides to migrate between Packages, the migration shall take effect on the 1st of the next month from the date of the request
    2. If an End-User purchased a Top-Up Data Package, the remaining data value will be carried over to the new Fixed LTE Package
  12. Business Rules
    1. Validity/Expiry on Data
      1. Subscription data is valid for a calendar month and can be carried over for one additional calendar month
      2. For example, an End-User signs up for a 30GB Fixed LTE Package on the 10th of the month, since the data is pro-rate in sign up month – he will receive 20GB of subscription data for the remainder of the month. If he uses 10GB in that month, the remaining 10GB can be carried over to the new calendar month, for that month only.
      3. Top-Up Data Packages will be valid for the calendar month in which it was purchased and can be carried over for one additional calendar month.
  13. Depletion of Data Rules: The sequence of data depletion for a given month will be processed as follows
    1. Carry-over base data from previous month used first
    2. then Monthly data allocation (as per subscription) for the current month
    3. Top-Up Data purchased in the current month
    4. Received Data for a given month will be depleted last
  14. Top Up Purchases & Validity
    1. Only one Top-Up may be active on an account at any point in time
    2. The first Top-Up requested (meaning there is currently no active Top-Ups on the account) will be activated immediately even if base cap exists
    3. Additional Top-Ups requested will be placed in a “queued” state and will transition to active when the preceding Top-Up has been depleted
    4. Top-Ups in a queued state can be cancelled and Top-Ups that have been activated cannot be cancelled regardless if the Top-Up was used or not
  15. Notifications
    1. Usage notifications can be sent via SMS or Email and should be sent to End-Users at the following intervals 50%, 80% and 100% of the base cap
    2. Cancellation
  16. Router Billing Conditions
    1. The fee for the LTE router will be charged to the Customer as a once-off fee;
    2. The LTE router requirements are very specific and only MTN approved routers are permitted to be used.
    3. Non approved routers will not grant access to the MTN LTE network and Active Fibre will not be held responsible for any End-User Fixed LTE Services with non-approved routers;
    4. The router is subject to change in both models and pricing
  17. The LTE routers carry a warranty period of 12 (twelve) months. The collection and replacement of the LTE router shall be free if the following conditions have been met
    1. Upon collection: Active Fibre will verify that all of the contents in the box are enclosed with the original packaging and must be in a reasonable condition.
    2. The IMEI of the LTE router must match the original Package number.
    3. At the time of collection, should these requirements not be correct, collection will not take place and the Customer will be billed R245.00
    4. If the LTE router was not an out of box failure, Active Fibre will charge the Customer for the price of the additional LTE router as well as a delivery fee of R245.00 (two hundred and forty five rand)
  18. Delivery Fees
    1. Active Fibre will deliver the SIM / SIM and LTE router to the Customers Address;
    2. The cost to deliver a LTE router and SIM / SIM only package (“Package”) is R250.00 (two hundred and fifty rand). This will be deemed to be the first attempt;
    3. A 2nd attempt to deliver the Package will then be executed should the Customer not be available at the 1st attempt. If the Customer takes receipt of the Package on the 2nd attempt the Customer will be charged R330.00 (three hundred and thirty rand) for such delivery;
    4. The maximum number of deliveries per Package is restricted to 2 (two) attempts only. Following the failure of the 2nd attempt, Active Fibre will cancel the requested Fixed LTE Service;
    5. All delivery charges are subject to change.
    6. Failed Deliveries Fees
      1. If Active Fibre or delivery agent is unable to make contact with the End-User after 4 (four) attempts, the Package will be automatically cancelled.
      2. If the Active Fibre attempts a delivery for a 2nd (second time) and the Customer is not available for any reason, the Customer will be billed R380.00 (three hundred and eighty Rand) for this delivery and the Package will be automatically cancelled. The Customer will be required to place a new request, if the customer indicates that the Service is still required.
  19. SIM Swap and Fees
    1. The replacement of a new SIM shall cost R9 (Nine Rand). The delivery fee to replace the SIM shall cost the Customer R250.00 (two hundred);
  20. Cancelled Package Fees
    1. In respect of Packages yet to leave the Fulfilment Partner’s warehouse: if the Package is cancelled, the Customer shall be charged R50.00 (fifty Rand) per cancelled Package;
  21. Compliance with Applicable Law
    1. It is the sole responsibility of the Customer to, at its own cost, to take the necessary steps/actions to be compliant with the Applicable Laws and regulatory requirements in terms of fulfilling its obligations under this Fixed LTE Service Schedule.
    2. The Customer hereby indemnifies and holds Active Fibre harmless against any loss suffered by it or claims instituted against Active Fibre by virtue of the Customers non-compliance with any Applicable Laws, licence or regulatory requirements and nothing in this Fixed LTE Service Schedule excludes or limits the customer liability of its non-compliance with such Applicable Laws, licence or regulatory conditions.