T & C's - IPTV South Africa 2018

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Warranties and returns

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which forthwith gives the consumer the right to return  unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Notwithstanding, the CPA implied warranty, our goods also carry a manufacturers warranty where applicable, which will run concurrently with any warranty in terms of the law.

The implied warranty on goods supplied places an obligation on IP-TV South Africa a division of D.S.E Group,
to accept the return of unsafe or defective goods within twelve months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to IP-TV South Africa if:

a)    The consumer finds, within ten days of delivery, that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

b)    The consumer did not have a chance to examine the goods and rejected delivery of the goods for any any reasons contemplated in section 19(5); and

c)    The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.

We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will, as per our Return Policy, assess the goods to determine the reason for the defect in the goods.

We will consider and deal with all other returns in terms of applicable law, the manufacturers warranty, the terms of the extended warranty and our Return Policy. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge for the use of the goods and to be able to restock the goods..

As a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected.  As a gesture of our commitment to you we have established a ‘change of mind / peace of mind’ return policy, which is provided to you over and above the rights you have in terms of the Consumer Protection Act.  In terms of this return policy, we may consider replacing goods purchased with us within 14 days from the date of purchase if such goods are returned in their original condition and packaging, subject to the fact that they have not been misused or abused or damaged due to gross negligence on the part of the customer.

Please retain your till slip as proof of purchase.


WHAT IS NOT COVERED

1. The warranty does not cover any defects caused by foreign objects /connection errors that is not part of the appliance, including but not limited to;
1.2 use other than domestic use by the customer or his/her immediate resident family at the declared address appearing on the front of this document;
1.3 failure by the customer or any other person to comply with the manufacturers' instructions for installation, maintenance or use;
1.4 the use of accessories which have not been approved by the manufacturer;
1.5 the application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
1.6 any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
1.7 neglect, misuse, or willful abuse of the appliance;
1.8 anything related to the appearance of the appliance which does not in IP-TV South Africa
sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as: discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
1.9 rust or the effects of rust;
1.10 repairs or attempted repairs of the appliance by any person other than IP-TV South Africa
or its authorized repairers;
1.11 any modification of the appliance by any person other than IP-TV South Africa
or its authorized repairers;
1.12 parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
1.13 fire, food, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of IP-TV South Africa
;
1.14 any defect arising out of the design of the appliance;
1.15 any defect caused by lightning strike or power surges;
1.16 blown or damaged speakers arising from misuse;
1.17 any damage caused due to the use of generic or re-filled cartridges;
1.18 any loss or destruction of, or any damage to any property whatsoever, or any loss expense whatsoever arising there from, or any consequential loss or any liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from ionizing, radiation, or contamination by radio activity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
2. In the case of cameras, the warranty does not apply to any accessories and batteries. In the case of Satellite decoders;  – remotes are not covered.
3. In addition, IP-TV South Africa
will not be liable for the costs of –
3.1 maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
3.2 work covered by the manufacturers’ recall of the appliance;
3.3 call out charges where the breakdown is not covered by the extended warranty; and
4.4 material or labour which are recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
5. IP-TV South Africa
will not in any circumstances be liable for any consequential loss or damages suffered by the customer whether directly or indirectly related defect in the appliance to the extent permissible by law.
6. Repairs may not be effected without prior authorization from IP-TV South Africa
.
7. In the case of an authorized repairer being called out for a fault covered by the warranty, IP-TV South Africa
shall pay the repairer for all labour and materials supplied in terms of the extended warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call out charge should no defect be found in the appliance.
8. The repair will be carried out in terms of the warranty within a radius of 25 kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, the customer will be charged at the prevailing AA rate per kilometre.
9. IP-TV South Africa
authorized repairers reserve the right not to do house calls in areas where their personal safety may be at risk.


Terms and Conditions: SmartBroadband Uncapped Wireless ( South Africa Only )

1. Telkom Standard terms and conditions apply (full details on www.telkom.co.za/terms)

2. Telkom reserves the right to amend this offerings terms and conditions, from time to time. Telkom will
give notice to each Consumer of such amendments and will place the amended terms and conditions on
Telkom’s website at the following link: http://www.telkom.co.za/today/unlimited­broadband; which will be
deemed incorporated into the Agreement and bind the Consumer from the date that the amendment
was listed on the abovementioned site.

3. RICA shall apply.

4. Subscription to Telkom’s SmartBroadband Uncapped Wireless services is subject to the LTE network
coverage and network availability within the launch target base station, which can be found on Telkom’s
website at the following link: http://www.telkom.co.za/today/unlimited­broadband

5. The SmartBroadband Uncapped Wireless service is a fixed wireless broadband service and subscribers
will be required to consume the service within the location of the physical address supplied during the
application process, through which Telkom is making this offer available to the public.

6. The SmartBroadband Uncapped Wireless service shall be offered at full speeds (no time limit applies)
for all traffic types except bandwidth intensive protocols or applications which shall be at full speed
between 12am – 6pm if within the 50GB cap. Once a subscriber reaches the 50GB cap the bandwidth
intensive protocols or applications shall be throttled to 128kbps speed for the rest of the month. Full
Speeds shall resume at the beginning of the next calendar month.

7. The SmartBroadband Uncapped Wireless service will offer uncapped data for all traffic types except
bandwidth intensive protocols or applications which shall be capped at 50GB.

8. Bandwidth intensive protocols or applications are defined as Bit torrent traffic downloaded via Peer to
Peer and news servers Protocols (NNTP).

9. Bandwidth intensive protocols and applications shall also be throttled across the network to 128kbps
during peak network periods of between 6pm ­ 12am to manage the networks quality of experience and
quality of service for all users.

10. SmartBroadband Uncapped Wireless services operate on shared radio resources and Telkom reserves
the right to apply restrictions on an uncapped account if a customer’s behaviour is determined to be
affecting the user experience of other customers on Telkom’s mobile broadband network. Such
restrictions include but are not limited to throttling a customer’s throughput speeds to an appropriate
proportion of the actual port speed and / or shaping a customer’s bandwidth to limit the use of bandwidth
intensive protocols and applications.

11. A subscriber may not provide network services from their account (for example, you may not use your
account to operate as an FTP server).

12. Telkom’s LTE network operates a radio controlled core network which is a shared radio resource and
could from time to time become strained due to radio resource intensive programs. This impact
negatively on other user’s broadband experience or the performance of Telkom systems or networks. In
such instances; Telkom reserves the right to limit such activities should the need arise.

13. Telkom reserves the right to terminate a user from its network if he/she is found to be causing harmful
interference to Telkom’s network through using jamming devices or equipment violating the type
approval standards.

14. A subscriber may not employ automated electronic or mechanical processes designed to defeat network
inactivity time­outs. Such tools include, but are not limited to, repetitively pinging the host.

15. The SmartBroadband Uncapped Wireless Service can only be used within the borders of South Africa.

16. The SmartBroadband Uncapped Wireless SIM shall not be used for purposes of Server hosting or
international bypass. Failure to adhere to these conditions shall be a breach of this product’s terms and
conditions and Telkom will have the right to immediately suspend the service.

17. The SIM shall only be used on the device provided as part of the deal on a 24 month contract except in
such instances as the device is under repair or being replaced by D.S.E Group or
Telkom and is substituted by another
Telkom similar device.

18. Telkom reserves the right to suspend/terminate this service when any fraudulent activity is suspected to
have occurred.

19. Telkom Mobile reserves the right to terminate this promotion at any time without prior notification,
however Telkom shall endeavour to publish a notice on our website informing consumers of such
decisions.

20. The MultiSIM and Data MultiSIM Service will not be allowed on the SmartBroadband Uncapped
Wireless plans.

21. No carry­over to the following calendar month shall apply to the SmartBroadband Uncapped Wireless
service and all inclusive benefits shall reset at the beginning of each calendar month.

22. Telkom’s LTE network currently supports voice calls however a subscriber on the SmartBroadband
Uncapped Wireless service will have to call support on 0861 373 911
through any means of communication
available to them to request that the voice capability be enabled on their service.

23. A flat rate of R 5
.50 on a per second billing basis will apply for any voice call on the SmartBroadband
Uncapped Wireless plan.

24. SMS is enabled for normal usage, notification and balance enquiry.

25. SMS charges shall be set at 9
0c/SMS and MMS charges shall be set at 90c/MMS.

26. Prices include VAT.

27. The SmartBroadband Uncapped Wireless service shall be available on a 24 month contract only.

28. The SmartBroadband Uncapped Wireless offer is now available through the traditional Telkom owned
stores and the Direct Sales Force 3
rd Party channels however subscribers will only be able to sign­up for
the amount quoted for
SmartBroadband Uncapped offer through these channels.

29. Subscribers that wish to sign­up for the service of
SmartBroadband Uncapped offer will be able to
apply for the service through D.S.E Group or I.P-T.V South Africa
online channel via the online portal.

30. There will be a maximum of 150 spaces available per base station. The pricing will be on a first come
first served basis via with 3 different price points.
Eligibility to either of the price
points will be based on applications received on a first come basis during the promotion period. The first
1
50 successful applicants per base station will qualify for the SmartBroadband Uncapped Service.

31. Subscribers will receive a SIM card, external poynting panel antenna and a Huawei LTE WiFi router.
with the SmartBroadband Uncapped Wireless package.

32. Telkom Mobile 3G failover shall only be supported as a failover measure in instances where the LTE
network is down and it must be stressed that the SmartBroadband Uncapped Wireless service is a fixed
wireless service which must be used in a fixed location and not for mobility. The SmartBroadband
Uncapped Wireless subscriber shall not be able to roam on MTN’s 3G network.

33. Existing Telkom consumer/mobile/SMBS customers may apply for the SmartBroadband Uncapped
Wireless service. Existing SmartHome, SmartOffice and Fixed Line customers will not be able to migrate
their current services to the SmartBroadband Uncapped Wireless service, but will be required to apply
for the service as a new service.

34. Existing LTE B593 subscribers that wish to migrate to the SmartBroadband Uncapped service can only
do so by submitting their applications via the online channel only.

35. Telkom shall endeavour to ensure that LTE coverage is available where Telkom stipulates it has LTE
coverage. Telkom shall not, however, be held responsible for customers’ failure to access the Internet in
areas that are not eligible for the SmartBroadband Uncapped Wireless service.

36. Cancellations of existing LTE orders shall only take place once the customer has received his/her
SmartBroadband Uncapped Wireless service having elected to migrate to this offer.

37. Telkom is not liable for any loss or damage to your property or equipment arising out of the provision,
installation or maintenance and/or use of the service.

38. Subscribers on the SmartBroadband Uncapped Wireless service shall be able to purchase Once­Off
/Recurring data Bundles.

39. The Once­Off data Bundles shall expire at the end of the following calendar month from date of
purchase.

40. Inclusive data bundles will expire at the end of the current calendar month.

41. Telkom’s LTE network is supported on the 2300MHz TDD Radio frequency spectrum and the
experience may vary depending on the wall thickness at your premises.

42. Prices are valid at date of print. E&OE.


ACCEPTABLE USE POLICY:

1. Telkom reserves the right to apply restrictions on an uncapped account if a customer’s behaviour is
determined to be affecting the user experience of other customers on Telkom’s mobile broadband
network. Such restrictions include but are not limited to throttling a customer’s throughput speeds to an
appropriate proportion of the actual port speed and / or shaping a customer’s bandwidth to limit the use
of bandwidth intensive protocols and applications.

2. 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 a
SmartBroadband Uncapped Wireless customer whose usage is continuously affecting Telkom’s network
performance.

3. In order to assist a customer to be made aware of when his or her behaviour is compromising Telkom’s
mobile broadband network performance, Telkom will provide to the customer such information as is
practically available. Once usage is indicated as being dangerously high, Telkom reserves the right to
suspend the relevant customer’s usage within 24 (twenty four) hours of usage having reached such
levels. Customers who are restricted by Telkom in the aforementioned manner in a calendar month will
be returned to full service profile at the beginning of the next month.

4. The above controls will be implemented by Telkom in addition to those set out elsewhere in this AUP
regarding unlawful behaviour.


MIGRATION RULES:

Customers are permitted to request a migration after 3­months into their contract.
Upward Migrations

1. 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, during the fixed term portion of the agreement.

2. The subscriber may upward migrate without any penalties at any time during the fixed term agreement
subjected to the differences in the base subscription.

3. The subscribers shall retain accumulated deal allocations when doing an upward migration. Please note
the following:

• New offer starts immediately after Telkom activates the service upon courier
delivery and the customer being informed by the RICA agent. The commitment
period for Base­to­Base will continue until the end of the new commitment period.
E.g. Migrate from Internet Saver 1 of 24 months in month 12 to SmartInternet
Saver 2 of 24 Months, which means the contract continue from month 12 until
month 24 of the new offer, thereafter it will continue on a month to month basis.

• When doing migrations from “Base­to­Deal” and “Deal­to­Deal” and
“Deal­to­Base”, the commitment period shall be set according to the new contract
period and the associated terms and conditions.

• Base refers to the offer or service that is not linked to a device and deal refers to
the offer or service that is linked to a device.


Downward migrations

1. 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, during the fixed term portion of the agreement.

2. The Subscriber will be liable to pay an admin fee for a downward migration as per clause 4 below, which
will be determined at the time of requesting the migration.

3. The Subscriber shall retain accumulated deal allocations when doing a downward migration.

4. Telkom Mobile shall, as a downward migration fee, recover the difference in handset pricing between
the original and the newly selected packages as well as an administration fee. Please note the following:

• New offer starts immediately after Telkom activates the service upon courier
delivery and the customer being informed by the RICA agent. The commitment
period for Base­to­Base will continue until the end of the new commitment period.
E.g. Migrate from Saver 1 of 24 months in month 12 to Smart Saver 2 of 24
Months, which means the contract continue from month 12 until month 24 of the
new offer, thereafter it will continue on a month to month basis.

• When doing migrations from “Base­to­Deal” and “Deal­to­Deal” and
“Deal­to­Base”, the commitment period shall be set according to the new contract
period and the associated terms and conditions.

5. Discounts that are applicable in the existing products shall not be carried over to the new
contract/commitment period.

• Value added services (VAS) shall only be re­established on customer request
and according to the eligibility of the new offering.

• Customers choosing to migrate to either upward or downward prior to the
expiration of the contract/commitment period shall be able to do so; however
admin fees and penalties shall apply where applicable.


The following rules shall apply to existing Telkom mobile customers wishing to participate in the
promotion:

1. Existing LTE B593 customers can migrate to the SmartBroadband uncapped wireless service by
submitting an online application in the same manner as new customers subject to signing up a new 24
month contract.

2. Existing LTE B593 subscribers that wish to migrate to the SmartBroadband Uncapped service can only
do so by submitting their applications via the online channel only.

3. Existing LTE customers with an existing B593, dongle or Mi­Fi will be allowed to migrate to the
uncapped Deal with SIM, B593 router and Antenna bundled. Penalties will be waived for downward
migrations.

4. All existing SmartHome, SmartOffice and Fixed wireline customers shall not be allowed to migrate to the
uncapped product however they shall be allowed to apply for the SmartBroadband uncapped wireless
service as a new service.

5. Normal cancellation and penalty rules shall apply for existing FMC and Fixed wireline customers that opt
to cancel their existing FMC/Fixed services. Cancellation requests shall be channelled via normal
cancellation channels and processes.

6. Should an FMC and/or Fixed wireline customer choose to keep their existing FMC and /or Fixed wireline
services when signing up for the uncapped service, they shall receive two separate bills and shall
maintain two separate account’s.


Early Terminations:

1. Early terminations refer to scenarios where the subscriber wishes to terminate the agreement prior to
the agreement expiry date.

2. The subscriber shall be liable to pay upon early termination or cancellation of the contract, where
applicable, any associated costs such as administration charges, outstanding device costs, service
charges etc.

3. The early termination/cancellations fee will be calculated at the time of requesting the early termination.
Service Conversions:

1. This refers to scenarios where subscriber wishes to change from the post­paid account to either a hybrid
account or a pre­paid option.

2. Early termination shall be applicable, but the subscriber shall be permitted to retain the originally
assigned mobile number as allocated to, or ported over by Telkom Mobile.

3. When a subscriber converts from a pre­paid product offering to a post­paid product offering, all free
resources such as data deals, messaging deals shall be retained.

4. Upon sign­up and activation of a mobile contract, customers shall not be permitted to convert to another
offering within a 3 month period.

5. Standard conversions rules shall apply pertaining to conversion of customers on a voice plan to a data
plan and vice versa i.e. conversion from a SmartPlan 50 to a SmartInternet 2,5GB shall not be
supported and vice versa.
*Please note that I.P-T.V South Africa is a reseller and has no control over any services rendered.
*WOW TV and NITRO TV may add or remove channels without any prior notice.
*All payments done are NON refundable or exchangeable for any other services, please refer to our terms & conditions.
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