TERMS AND CONDITIONS - INKOSI CONNECT (PTY) LTD
Introduction
These Terms and Conditions govern the use of all services provided by INKOSI CONNECT.
By accessing, purchasing, or using any INKOSI CONNECT service, the customer agrees to be bound by these Terms and Conditions, as amended from time to time. Continued use of the services constitutes acceptance of the latest published version.
INKOSI CONNECT reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Service Description
INKOSI CONNECT provides wireless internet connectivity and related services using telecommunications technologies selected and managed by INKOSI CONNECT.
All services are provided on a best-effort basis and are subject to availability, network conditions, and technical feasibility.
Regulatory Compliance
INKOSI CONNECT provides electronic communications services in accordance with applicable South African legislation, including the Electronic Communications Act and regulations issued by the Independent Communications Authority of South Africa (ICASA).
Service Area and Coverage
Services are available only within designated coverage areas and hotspot zones as determined by INKOSI CONNECT.
Coverage maps and availability indicators are illustrative only and may change at any time. INKOSI CONNECT does not guarantee service availability outside designated coverage areas.
Hotspot Zones
INKOSI CONNECT hotspot access is limited to specific hotspot zones.
Connectivity, speed, and performance within hotspot zones may vary due to congestion, signal conditions, interference, environmental factors, or technical limitations. Connectivity outside designated zones is not guaranteed.
Service Activation and Installation
Where applicable, customers are responsible for ensuring that required equipment is installed and used in accordance with INKOSI CONNECT guidelines.
Installation, configuration, or technical assistance may be provided at the customer’s request and may be subject to additional fees.
Payment and Billing
Services are billed on a prepaid, monthly, annual, or usage-based basis, depending on the selected service.
Failure to make payment when due may result in suspension or termination of service, subject to applicable law and any required notice.
Installation fees, once-off charges, or equipment deposits may apply and will be communicated prior to service activation.
- Billing Disputes
If a customer believes that a billing error has occurred, the customer must notify INKOSI CONNECT via its official support channels within a reasonable time after receiving the invoice or payment notice.
INKOSI CONNECT will investigate the disputed portion of the account in accordance with its Code of Conduct.
The customer remains responsible for payment of all undisputed amounts by the due date.
INKOSI CONNECT will not disconnect or suspend the service solely in respect of the disputed portion while the investigation is pending, provided that all undisputed amounts are paid when due.
INKOSI CONNECT will communicate the outcome of the investigation within fourteen (14) working days where reasonably possible.
If the dispute is resolved in favour of the customer, appropriate adjustments or credits will be applied.
Service Availability and Maintenance
INKOSI CONNECT does not guarantee uninterrupted or error-free service.
Service interruptions may occur due to maintenance, upgrades, power failures, environmental conditions, network congestion, or technical issues.
Scheduled maintenance does not qualify for refunds, credits, or compensation, except where otherwise required by applicable law.
Network Management
INKOSI CONNECT may implement traffic management, performance optimisation, and security measures to protect network integrity and service quality.
INKOSI CONNECT does not actively monitor the content of customer communications except where required by law.
Data Limits and Speeds
Where applicable, services may be subject to data limits, speed tiers, or usage thresholds. Exceeding applicable limits may result in speed reduction, restriction, or suspension of service.
Privacy and Data Protection
INKOSI CONNECT collects and processes personal information for purposes including account registration, service activation, network authentication, billing, payment processing, service communication, network security, fraud prevention, analytics, and service improvement.
Personal information is processed in accordance with the Protection of Personal Information Act, 2013 (POPIA).
Where a customer provides marketing consent, INKOSI CONNECT may use the customer’s contact details to send promotional communications, competitions, special offers, service announcements, and advertising campaigns.
Customers may withdraw marketing consent at any time by using the unsubscribe mechanism provided or by contacting INKOSI CONNECT support.
INKOSI CONNECT will not sell or unlawfully distribute personal information to third parties without consent, except where required by law or where necessary for service delivery.
INKOSI CONNECT implements reasonable technical and organisational safeguards to protect personal information against unauthorised access, loss, or misuse.
Equipment
All equipment supplied by INKOSI CONNECT remains the property of INKOSI CONNECT unless expressly stated otherwise in writing.
Customers are responsible for the care and safekeeping of equipment and must return it upon service termination. Loss, damage, tampering, or unauthorised removal may result in charges.
Fair Usage Policy
INKOSI CONNECT reserves the right to apply a Fair Usage Policy to ensure equitable access and network stability.
Excessive or unreasonable usage may result in speed management, restriction, or suspension of service.
Acceptable Use Policy (AUP)
Customers may not use the services for unlawful purposes, including but not limited to fraud, copyright infringement, distribution of illegal content, cybercrime, spam, or network abuse.
Activities that intentionally degrade network performance or compromise network security are strictly prohibited.
The customer bears sole responsibility for all content accessed, transmitted, downloaded, uploaded, or distributed through the service and warrants that such use complies with all applicable laws and regulations. INKOSI CONNECT shall not be liable for any unlawful or improper use of the service by the customer or any third party using the customer’s access credentials or device.
INKOSI CONNECT reserves the right to suspend or terminate services for material breach of these Terms or unlawful conduct.
INKOSI CONNECT may monitor network usage where reasonably necessary for operational management, legal compliance, and network security.
Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by law.
To the maximum extent permitted by law, INKOSI CONNECT shall not be liable for any indirect, incidental, special, consequential, or economic losses, including loss of profits, loss of revenue, business interruption, or data loss, whether arising in contract, delict, or otherwise.
INKOSI CONNECT’s total aggregate liability for any claim arising from or relating to the service shall be strictly limited to the total fees actually paid by the customer to INKOSI CONNECT in the one (1) month immediately preceding the event giving rise to the claim.
The customer acknowledges that the service fees charged by INKOSI CONNECT are based on this limitation of liability.
Indemnification
The customer indemnifies and holds harmless INKOSI CONNECT, its directors, officers, employees, and agents against any claims, damages, losses, or expenses arising from misuse of the service or breach of these Terms and Conditions.
Changes to Services
INKOSI CONNECT reserves the right to modify, suspend, or discontinue any service, feature, pricing, or offering at any time where operationally or commercially necessary.
Termination
INKOSI CONNECT may suspend or terminate services for non-payment, breach of these Terms and Conditions, unlawful use, or operational necessity, subject to applicable law.
Customers may cancel services in accordance with the applicable subscription or prepaid terms.
Force Majeure
INKOSI CONNECT shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including power failures, natural disasters, strikes, war, acts of God, or technical failures.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising from the use of INKOSI CONNECT services shall be subject to the jurisdiction of the South African courts.