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REAL IMAGE INTERNET ADSL SERVICE TERMS

Please read the following terms very carefully as they set out your rights and obligations when you

subscribe to or use our capped ADSL Service.

1. ADSL SERVICE DESCRIPTION

We provide a capped asymmetric digital subscriber line (ADSL) service that enables you to send and

receive data and email and to access the Internet using a high-speed connection (ADSL Service).

2. INTRODUCTION

2.1 By using or subscribing to the ADSL Service you agree that you have read, understand and

are bound by:

2.1.1 the terms that apply to all our services set out in the application forms

2.1.2 the terms that apply specifically to the ADSL Service, set out herein and on the ADSL

Website

2.2 If you do not want to be bound by the General Terms and the ADSL Service Terms, you must

not use or subscribe to the ADSL Service.

2.3 In the case of an inconsistency between the ADSL Service Terms and the General Terms, the

General Terms will prevail to the extent that such terms and conditions apply to the ADSL

Service.

3. INTERPRETATION

3.1 In these ADSL Service Terms:

3.1.1 the singular includes the plural and vice versa;

3.1.2 ADSL means an Asymmetric Digital Subscriber Line which transmits your data onto

the SPTC network;

3.1.3 ADSL Service or Service means the provisioning of the ADSL, Cap, a Router,

Modem, and other hardware;

3.1.4 ADSL Website means the website located at: http://www.realbroadband.co.sz

3.1.5 Application Form means the document in terms of which you apply for the Service,

select your desired Cap and provide related information to us;

3.1.6 Auto Top Up Cap means the Out of Package Usage which will automatically be

made available to you when you reach or exceed your Base Cap, should you subscribe

and be accepted for this service.

3.1.8 Top Up Cap means Out of Package Usage that you can purchase from us to

increase your Base Cap;

3.1.9 Date of Activation means the date from which you will be in a position to send and

receive data and email and access the internet by making use of the ADSL service;

3.1.10 Base Cap or Cap means the amount of data, measured in Megabytes (MB) or

Gigabytes (GB), that you would like to send and receive during the course of a calendar

month and can be 500MB, 1 GB, 2 GB; 3 GB; 5 GB;

3.1.11 Fixed Term Agreement means an a contract for the provisioning of the Service for

a period of 12 months;

3.1.12 Kbps means kilobytes per second;

3.1.13 Meg means megabyte;

3.1.14 Modem or Router means the device which is used to connect your computer to the

SPTC Telephone Service, in order to enable the ADSL Service;

3.1.15 Out of Package Usage means data sent or received over and above your Base

Cap;

3.1.16 Self Install Option means that you are in a position to complete the part of the

ADSL line installation that is required to take place at your premises, yourself;

3.1.17 Service Fee means the amount which we will charge you for the rental of the

ADSL and the Cap selected by you, as recorded in the Application Form and/or displayed

on the realBroadband Website;

3.1.18 Subscribe means your act of gaining access to the ADSL Service by entering into

an agreement with us for the provisioning of the Service to you;

3.1.19 SPTC means Swaziland Post and Telecommunication;

3.1.20 SPTC Resell ADSL Terms and Conditions means the SPTC Resell ADSL productspecific

conditions, which are available at insert;

3.1.21 SPTC Telephone Service means a fixed access line for making and receiving

telephone calls;

3.1.22 Unit Price means the cost per megabyte of the Usage Based Top Up;

3.1.23 Usage Based Top Up means Out of Package Usage for which you will be charged

per megabyte;

3.1.24 Use includes (without limitation) accessing, retrieving, downloading, logging on to

or viewing the ADSL Service;

3.1.25 We, us and our means REAL IMAGE INTERNET (Pty) Ltd- and its affiliates and

subsidiaries.

4. ADSL SERVICE TERMS

4.1 Pre-requisites

4.1.1 ADSL availability

4.1.1.1 The ADSL Service is not available everywhere.

4.1.1.2 You are responsible for checking that the ADSL Service is available on

your SPTC Telephone Service before you subscribe to the ADSL Service.

4.1.2 SPTC Telephone Service and ADSL You are required to have beneficial use of an

active SPTC Telephone Service. You can only gain access to an ADSL by:

4.1.2.1 Renting an ADSL from SPTC directly, under which circumstances:

4.1.2.2.1 REAL IMAGE INTERNET will apply to SPTC for the ADSL on

your behalf and SPTC will approve your application;

4.1.2.2.2 SPTC will supply you with a Modem which is required to enable

the ADSL Service;

4.1.2.2.3 REAL IMAGE INTERNET will provide the ADSL Service to you,

over the SPTC ADSL network;

4.1.2.2.4 you will enter into either a monthly or a Fixed Term agreement

with us for the provisioning of the Service; and

4.1.2.2.5 you acknowledge that a ADSL procured in this manner will

have one of 4 line speeds

4.1.2.2.6.1 up to 128 Kbps;

4.1.2.2.6.2 up to 256 Kbps

4.1.2.2.6.3 up to 512 Kbps;

4.1.2.2.6.4 up to 1024 Kbps; and

4.1.2.2.6 REAL IMAGE INTERNET will make a free dial-up account

available to you to enable you to have access to the Internet pending the

installation of your ADSL for a period of 30 days from the date on which

your application was approved by REAL IMAGE INTERNET. It lies within

REAL IMAGE INTERNET’s discretion to extend this period, should

circumstances so require.

4.2 BILLING

4.2.1 You will pay the Service Fee to REAL IMAGE INTERNET monthly in advance by way of

cash, internet transfer or debit order, on or before the 1st day of each calendar month

4.2.2 Billing will commence on the Date of Activation. All ADSL accounts will be billed based on

the calendar month.

4.2.3 You will be liable for the charges of any SPTC technician who is dispatched to your

premises at your instance, save for SPTC ADSL Network related matters, which maybe billed for

by SPTC directly.

4.2.4 You will, save as otherwise provided for herein, be liable for all costs, fees and charge

arising from or in connection with your SPTC Telephone Service, including without limitation the

rental thereof and call charges, to SPTC directly.

4.3 MEASURES TO CONTROL OUT OF PACKAGE USAGE

4.3.1 We have measures available to limit your access to the ADSL Service when you reach or

exceed your Base Cap, which are implemented subject to 4.3.2.1.4.

4.3.2 Under these circumstances, you will not be able to use the ADSL Service, send or receive

data or email, or access the Internet until the start of the next month, unless you do one of the

following things:

4.3.2.1 buy a Top Up Cap

4.3.2.2 use a dial-up service; or

4.3.2.3 increase your Base Cap to a higher Gigabyte factor.

The different options are discussed below:

4.3.2.1 OPTION 1: Buy a Top Up Cap:

4.3.2.1.1 There are three (3) types of Top Up Caps available;

4.3.2.1.1.1 realHomeBand: You may buy a 500MB, 1GB, 2GB, 3GB Top Up Cap

4.3.2.1.1.2 realSOHOBand: You may buy a 1GB, 2GB, 3GB, 5GB Top Up Cap

4.3.2.1.1.3 realBusinessBand: You may buy a 1GB, 2GB, 3GB, 5GB

It lies within our discretion to limit the number of Top Up Caps that you may use

in any given month.

4.3.2.1.2 PRICING

4.3.2.1.2.1 We reserve the right to change these prices from time to time.

4.3.2.1.3 UNUSED DATA CAPACITY

4.3.2.1.3.1 Data Capacity under a Hard Cap TOP UP which was not

used during the course of a month will be carried over for a maximum of

60 days. Under these circumstances, you will first use your Base Cap,

and then the TOP UP Data Capacity, which was carried over.

4.3.2.1.3.2 All unused data will be automatically lost following the 60

days period.

4.3.2.1.4 DISCLAIMER

4.3.2.1.4.1 Because of the nature of the ADSL sessions, and because

ADSL is a session based technology, we do not guarantee the efficiency

of the measures available to limit your access as contemplated in this

clause 4.3, including without limitation the Safety Lock.

4.3.2.1.4.2 We accordingly do not accept responsibility if you exceed

your Base Cap, and will charge you for Out of Package Usage at our

prevailing rates.

4.3.2.1.4.3 You are therefore finally responsible for monitoring and

controlling your use of the ADSL Service.

4.3.2.2 OPTION 2: Use a dial-up service if you have subscribed for this

4.3.2.2.1 If you have selected the 3GB or 5GB Base Cap, the dial-up service is

automatically included in your ADSL Service at no additional charge.

4.3.2.2.2 If you have selected the 500MB, 1GB, 2GB Base Cap, you may choose to add

the dial-up service at an additional monthly charge.

4.3.2.2.3 The additional charges are displayed on the ADSL Website. We reserve the

right to change the charges from time to time.

4.3.2.3 OPTION 3: Increase your Base Cap to a higher Gigabyte factor.

4.3.2.3.1 If you regularly exceed your Base Cap, you should consider increasing your

Base Cap.

4.3.1.3.2 You may increase (or decrease) your Base Cap with effect from the first day of

a subsequent month against payment of the relevant charges, as displayed on the ADSL

Website.

4.4 MONITORING USAGE

4.4.1 As stated above, we have a computer system that may measure your usage of the ADSL

Service to determine if and when you reach your Base Cap.

4.4.2 However, due to the way in which SPTC offers ADSL, we can only measure your usage at

times when you end a current session.

4.4.3 Your current session will end:

4.4.3.1 automatically, at least once every 24 hours for a very short moment; and

4.4.3.2 when you manually end your session.

4.4.4 Because your access to the ADSL Service will be restricted when you reach your Base

Cap, it is important that you: -

4.4.4.1 monitor your usage of the ADSL Service by using our cap aids and alerts (see

below); and

4.4.4.2 regularly end your current sessions so that we may be able to measure your

usage.

4.4.5 It lies within our discretion to end your current session at any time to measure your usage.

4.4.6 You are finally responsible for monitoring and controlling your use of the ADSL Service.

4.4.7 We provide two measures, currently free of charge, that will assist you to keep track of your

ADSL Service usage:

4.4.7.1 ADSL WEBSITE:

4.4.7.1.1 this will help you to monitor your use of the ADSL Service online, and

enables you to buy Top Ups, and to manage your EMAIL cap alerts.

4.4.7.1.2 You will administer the ADSL Website yourself.

4.4.7.2 EMAIL ALERT:

4.4.7.2.1 When you subscribe to or start using the ADSL Service you will be

asked whether you wish to receive email alerts.

4.4.7.2.2 In respect of your Base Cap: We will send you emails at regular

intervals to inform you how much of your Base Cap you have used.

4.5 CONCURRENCY

4.5.1 You may only have the following connections to the ADSL Service at any given time:

4.5.1.1 If your account has a 500MB or 1GB Base Cap, you may only have:-

4.5.1.1.1 1 (one) ADSL connection; and

4.5.1.1.2 1 (one) dial-up connection (if applicable) (analogue only), to the network

at any given time.

4.5.1.2 If your account has a 2GB Base Cap, you may only have:-

4.5.1.2.1 2 (one) ADSL connections; and

4.5.1.2.2 1 (one) dial-up connection (if applicable), to the network at any given

time.

4.5.1.3 If your account has a 3GB Base Cap, you may only have:-

4.5.1.3.1 2 (one) ADSL connections; and

4.5.1.3.2 1 (one) dial-up connection (if applicable), to the network at any given

time.

4.5.1.4 If your account has a 5GB or higher Base Cap, you may only have:

4.5.1.4.1 3(two) ADSL connections; and

4.5.1.4.2 1 (one) dial-up connection (if applicable), to the network at any given

time.

4.5.2 You may increase or reduce the number of concurrent connections on your ADSL service,

subject to the limitations of clause

4.6 EXCEEDING YOUR CAP AND BLACKLISTING

4.6.1. From time to time, in any given month, we may in our sole discretion allow you to exceed

your Base Cap without stopping your access to the ADSL Service.

4.6.2 However, if we allow you to exceed your Base Cap in this manner, it will merely constitute a

temporary indulgence on our part. It will not constitute a waiver of any of our rights, including

(without limitation) our right to stop your access to the ADSL Service if you exceed your Base

Cap at any time in the future.

4.6.3 If you exceed your Base Cap, we reserve the right in our sole discretion to recover from you

the cost of the amount of data by which you have exceeded your Base Cap.

4.6.4 If you exceed your Base Cap regularly, we reserve the right in our sole discretion to

“blacklist” you. In that case, we will measure your usage of the ADSL Service very carefully and

stop your access to the ADSL Service promptly every time you exceed your Base Cap.

4.7 CREDIT CHECKS AND YOUR INFORMATION

4.7.1 By applying for a subscription to the ADSL Service or by using the ADSL Service you

authorise us, in our sole discretion and at any time, to:-

4.7.1.1 check your credit history with any credit bureau; and

4.7.1.2 provide any of your personal information to the credit bureau for this purpose.

4.7.2 We reserve the right, for any reason and without notice to you, to refuse or end your

subscription to the ADSL Service or a TOP UP.

4.7.3 When you subscribe to or start to use a service, if requested by us, you will provide us with

your full names, identity number, residential and business or postal address, a certified copy of

your identity document and (if you are a legal entity) a certified copy of your business letterhead.

5. DURATION AND TERMINATION OF THE AGREEMENT

5.1 This agreement commences on the date on which we confirm that we are in a position to

provide the Service to you and will terminate:

5.1.1 in the case of a Fixed Term Agreement: upon the expiry of a period of 12 months

following the Date of Activation, whereupon the agreement will continue on a month to

month basis subject to termination by you by giving us 1 (one) calendar month’s written

notice, which may not be given prior to the expiry of month 12;

5.1.2 in the case of a month to month arrangement: upon receipt in writing from you of 1

(one) calendar month’s notice, which notice will take effect on the first day of the month

immediately following the end of the 1 month notice period; or

5.1.3 on the date specified in a notice in writing from us which we may give in the event

of termination of the agreement between us and SPTC relating to the ADSL Service.

5.2 We reserve the right to suspend the provisioning of the Service to you in the event of inter alia

non-payment by you of any fees due to us under this agreement or non-payment by you to SPTC

of your SPTC Telephone Service. You will, however, under these circumstances be able to be

reconnected to the Service upon payment of a re-activation fee.

5.3 We reserve the right to terminate the provisioning of the Service to you in the event of inter

alia non-payment by you of any fees due to us under the agreement or non-payment by you to

SPTC of your SPTC Telephone Service, or the termination by you of your SPTC Telephone

Service.

5.4 We will always use reasonable endeavours to notify you of the suspension or termination of

the Service.

5.5 You indemnify us against any damage, loss, cost or claim which we may suffer or incur

arising from the suspension or termination of the Service.

6. ADSL ACCEPTABLE USE POLICY

6.1 You will only use the ADSL Service for purposes: -

6.1.1 that are lawful; and

6.1.2 for which it was designed.

6.2 You will not use the ADSL Service, directly or indirectly, in a way that:

6.2.1 is harmful, obscene, discriminatory, defamatory or illegal;

6.2.2 constitutes hate speech, incitement to commit criminal acts, or invasion of privacy;

infringes copyright or other intellectual property rights;

6.2.3 spreads viruses or other computer or communications software, code, programs or

files that impede or destroy the functionality of any computer or communications software

or equipment;

6.2.4 interferes with any third party’s use of the ADSL Service;

6.2.5 transmits unsolicited bulk messages (“spam”);

6.2.6 obtains information about or from third parties;

6.2.7 causes your Cap to be regularly exceeded; or

6.2.8 otherwise breaches the General Terms or the ADSL Service Terms.

6.3 We reserve the right to limit the number of emails that you may send in any given period or to

limit the total message volume (amount of data) sent per hour.

7. DISCLAIMER

7.1 We use the SPTC ADSL network to provide the Service. We accordingly provide the ADSL

Service subject to the limitations and terms imposed by SPTC, which includes the actual

availability of the SPTC network.

7.1.1 We will always try to provide the Service to the best of our ability. However, we:-

7.1.2 provide the ADSL Service “as is” and “as available”; and

7.1.3 do not warrant or guarantee that the Service:-

7.1.3.1 is free of errors or interruptions;

7.1.3.2 is always available;

7.1.3.3 is fit for any purpose;

7.1.3.4 does not infringe any third party rights;

7.1.3.5 is secure and reliable; or

7.1.3.6 will conform to your timeline requirements.

7.2 We also do not warrant that we will always be in a position to obtain an ADSL for you from

SPTC, or that SPTC will continue to make the ADSL used by you available to us for the purposes

of this agreement; or that we will always be in a position to lease ADSLs to subscribers as

contemplated in clause 4.1.2 above.

8. LIMITATION OF LIABILITY

8.1. You subscribe to and use the ADSL Service at your own risk.

8.2. We are not liable to you or any third party for, and you hold us harmless and indemnify us

against, any damages suffered by you or a third party howsoever arising from your Subscription

to or use of the ADSL Service, including (without limitation) any damages suffered by you due to:-

8.2.1. any interruption of or error in the ADSL Service; or

8.2.2. our failure to fulfil our obligations as a result of uncontrollable events, including

without limitation SPTC’s neglect, failure of refusal to make, or to continue to make, the

ADSLs or the ADSL Service available to us.

8.3. If you suffer damages or are dissatisfied with the ADSL Service your only remedy is to end

your subscription (if it is not for a fixed term) or stop using the ADSL Service.

8.4. In this clause:

8.4.1. damages means all damages of whatever nature and includes (without limitation)

all damages, loss, claims or costs,

including (without limitation) loss of data, profits or custom, or business foregone

whether:-

8.4.1.1. in contract, delict or otherwise;

8.4.1.2. direct, indirect, special or consequential;

8.4.1.3. foreseeable or not; and

8.4.1.4. we were advised of the damages in advance or not; and

8.4.2. uncontrollable events mean any circumstances beyond our reasonable control, including

(without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea,

flood, storm or other adverse weather conditions, war declared or undeclared, civil war,

revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act

of any government or other authority, compliance with government orders, demands or

regulations, or any act or omission on the part of a third party (including (without limitation)

SPTC).

9. INDEMNITY

You indemnify us against all damages, loss or costs suffered by us or claims instituted against us

howsoever arising from: -

your Subscription to or use of the ADSL Service; or your breach of the General Terms or the ADSL

Service Terms.

10. CHANGE TO ADSL SERVICE TERMS

We may change any or all of the ADSL Service Terms including (without limitation) the ADSL Service

charges at any time upon notice to you.

Any changes will become effective when we publish them on the ADSL Website.

You agree to check our legal notices website, the ADSL Website and the ADSL Service Terms

periodically for changes.

By continuing to use the ADSL Service after we make the changes, you agree to be bound by the

changed ADSL Service Terms.

If you do not accept the changed ADSL Service Terms, you must stop subscribing to the service (if you

have not subscribed for a fixed term), or stop using the ADSL Service.

 
 

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