Supersonic General Terms and Conditions

NOTE:

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX (Proprietary) Limited, Registration Number 2004/010046/07 (“Supersonic”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies Supersonic and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against you.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these Terms and Conditions carefully. Participation in these Promotional offers will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in these Promotional offers.
The complete Terms and Conditions for each product will be formed by the latest Supersonic General Terms and Conditions, together with each of the Product Specific Terms and Conditions.

SECTION 49 OF THE CONSUMER PROTECTION ACT NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, AND 12.

Definitions

Definitions
1. “Acceptance Date” means the date on which you have accepted the Agreement, whether verbally, in writing or by way of electronic medium, including but not limited to clicking “I agree” on a Supersonic web page or via telephonic conversation.
2. “Activation Date” means the date on which Supersonic will give you access to and/or enable you to use a product.
3. “Agreement” means the agreement concluded between yourself and Supersonic in respect of the product or service contemplated in the Application Form which will be exclusively governed by these general terms and conditions and the product specific terms and conditions applicable to the relevant product or service (“Product Specific Terms and Conditions of Use”) read together with the Application Form.
4. “Application Form” means the document/s (which includes electronic documents and online forms) on which (inter alia) you have selected Supersonic product/s and/or service/s for which you would like to apply.
5. “AUP” means the Supersonic Acceptable Use Policy, which all Customers are obliged to adhere to as legislated for safe and responsible use of the Supersonic network and services without interference, prejudice and/or harassment from others.
6. “Bearer Service” means the Connectivity medium providing access to the Supersonic broadband service. This includes but is not limited to the physical Fibre infrastructure, microwave links, LTE and/or LTE-A deployments between the backbone network and the Supersonic provided Equipment within the end user’s premises, whether Supersonic owned or through partnership and/or open access agreements with other providers.
7. “Business Day” means Monday to Friday, excluding Saturday, Sunday and all official South African public holidays.
8. “Business Hours” means the Supersonic business hours between 08H00 and 17H00 on a Business Day.
9. “Connectivity” ” means the access to the Internet provided to you by Supersonic products and services.
10. “Contact Centre Hours” means the call centre operating hours between 07H00 and 22H00 on a Business Day, and 08H00 and 17H00 on weekends and official South African public holidays.
11. “Effective Period” means the period in which Supersonic will grant you access to and/or enable you to use a product, for example time based free Wi-Fi access in public areas.
12. “Equipment” means all hardware and any associated software used to access the services, or used in conjunction with the services, including but not limited to routers, Wi-Fi devices, SIM cards, antennae and telephone handsets.
13. “FTTB” means the Fibre to the Business service, provided to Small-to-Medium-Enterprise (SME) users for business use, including Small Office/ Home Office (SOHO) applications where Fibre is provided to home users for business use.
14. “FTTH” means the Fibre to the Home service provided to home users for personal use.
15. “GPON” means the Gigabit Passive Optical Network which is the final leg of the Fibre network used to deliver internet service to FTTH customers.
16. “HPBX” means the Hosted Private Branch Exchange delivered and managed by Smart Village over the internet.
17. “Installation” means the installation, configuration and activation of the end user Equipment within the end user’s premises. This includes but is not limited to Fibre trenching, cabling and fixtures for microwave antenna, and outdoor LTE-A Equipment.
18. “Trial” means to assess the suitability or performance of the Supersonic Fibre service for the limited period of a single billing month.
19. “MDU” means a Multiple-Dwelling-Unit which is a multitenant building with multiple offices or apartments.
20. “Meshed Network” means a smart managed home Wi-Fi network consisting of multiple Smart Wi-Fi devices connecting directly, dynamically and non-hierarchically to each other to efficiently route data between user devices and the internet.
21. "ONT" means the Optical Network Terminal which is the device that converts the optical signals of the Fibre network to the digital signal to which the Wi-Fi router is connected in the home.
22. “Product Specific Terms and Conditions” means the terms and conditions of use applicable to those specific products and/or services.
23. “QoS” means Quality of Service which is an advanced feature of a router which prioritises internet traffic for applications, services or specific devices.
24. “Smart Wi-Fi device” means the intelligent Wi-Fi device used to propagate a Wi-Fi signal in a customer home to create a smart managed home network.
25. “Smart Wi-Fi NOC” means the Supersonic Network Operations Centre, to and from which Smart Wi-Fi devices send and receive diagnostic, maintenance and administrative data. The Smart Wi-Fi NOC enables Supersonic technical engineers to remotely support customer Smart Wi-Fi networks.
26. “Supersonic Territories” means all estates, suburbs, business parks and malls which have Connectivity to Supersonics’ network and/or access to Supersonic products and/or services.
27. “VLAN” means Virtual Local Area Network which is a broadcast domain that is partitioned and isolated at the data link layer, allowing network capacity to be allocated to services on this network.
28. “VoIP” (Voice over Internet Protocol) means the voice and multimedia IP telephony service delivered over the internet.

General Terms and Conditions

General Terms and Conditions
1. Acceptable Use Policy
  1. All Supersonic customers will be subject to Supersonic acceptable use policy, whereby Supersonic reserves the right, to take the necessary action to prevent improper, excessive or abusive use of the product and/or service. Such action includes but is not limited to throttling, suspension or deactivation of a customer’s usage, where usage is deemed excessive, fraudulent and/or in contravention of the law. For further detail please refer to Supersonic web page.
2. Upgrades
  1. Supersonic customers who elect to upgrade a service contract for the same bearer service, within the period of a promotional offer, will not receive additional promotional value, for example Installation, Connectivity and / or Equipment.
  2. Existing Supersonic customers may upgrade their service to a package of the same spend or higher on the same bearer service at no additional charge.
  3. The number of allowed upgrades within a period will be defined within each Product Specific Terms and Conditions.
3. Downgrades
  1. A downgrade charge will apply if a customer chooses to downgrade to a lower speed product on the same bearer service. The downgrade charge will be based on an applicable regrading fee specified in the Product Specific Terms and Conditions, and the pro-rated value of any promotional items on the higher priced product.
  2. The number of allowed downgrades within a period will be defined within each Product Specific Terms and Conditions.
4. Migrations
  1. Bearer Service migrations
    1. A customer migrating from a product on one bearer service, to a product on a different bearer service, will be required to cancel the initial product and pay any applicable claw back charges for that product, and return any rental Equipment before signing a new contract for the product on the new bearer service.
  2. Product migrations on the same Bearer Service
    1. Customers will not be allowed to migrate a product to another which has been discontinued or has reached end-of-life.
    2. Customers who elect to migrate between residential products and business products are required to cancel their existing contracts, subject to applicable claw back charges and the return of any rental Equipment, before signing new contracts for the new products.
    3. Customers will be able to migrate between products on the same bearer service in Supersonic Territories where Supersonic is able to offer the same bearer service from different infrastructure providers, for example in territories where Supersonic owned Fibre infrastructure and open access partner Fibre infrastructure have been deployed. These migrations may be subject to Installation and new Equipment charges where the existing installation and Equipment does not meet the Connectivity requirements.
  3. Physically moving a service
    1. If a customer moves a service with fixed infrastructure and/or Equipment from one premises on one network, to another premises on the same network within an existing claw back period, the agreement will remain in place for the duration of the initial term. No additional promotional value will be given, and any new installation and equipment required to relocate the service to the new premises will be charged to the customer in full. If the customer elects to change to a new package at the new premises as part of moving the service, it will be regarded as an upgrade or downgrade, and the relevant terms and conditions will apply. If the move takes place after the claw back period, it will be considered as a new agreement.
    2. If a customer moves a service from one premises which does not require any fixed infrastructure to another which does, any additional cost of Equipment or Installation required will be charged in full to the customer, for example if an LTE-A customer moves from an area where the coverage is sufficient to not require any fixed antennas or outside Equipment, to an area where additional Equipment is required to have sufficient Connectivity to the LTE-A network, the cost of the additional Equipment and Installation will be charged to the customer.
5. Cancellations
  1. A cancellation charge will apply if a customer cancels the service prior to the expiration of the applicable claw back period. The cancellation charge will be based on applicable Equipment, Connectivity and Installation claw back for the product. All amounts currently due and owing will be included in the charge. Any rental Equipment included in the service not returned to Supersonic upon cancellation, will be charged for in full at the prevailing retail price.
  2. Customers are required to provide one calendar months’ notice in writing before cancelling the product and/or service.
RICA
1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number (Certified Copy of Identity Document) and residential address to a RICA officer when taking up Supersonic broadband services. This is necessary to activate you as a customer on the Supersonic network.
2. Supersonic is obliged by law not to activate services on the Supersonic network if you have not complied with the RICA registration requirements.
3. If you change ownership to a third party, the purchased Supersonic service(s) is not transferable.
Promotional Items
1. Various promotional items may be marketed to clients as part of a campaign. These promotional items could vary per bearer service, bearer infrastructure provider and geographical location and will be marketed while stocks last.
2. In the event of a contract migration to a product to which the promotion does not apply, or cancellation, the customer will be liable to pay back the value of the promotional item, pro-rated over the pay-back period specified in the Product Specific Terms and Conditions, which is referred to as the claw back amount.
Equipment
1. All manufacturer's warranties, for the repair or replacement of faulty Equipment will be available to the Client for purchased Equipment. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage, or any damage deemed to have been caused by the Client's misuse or mistreatment of the product (including damage due to improper wiring or electrical faults within the client’s premises).
2. It is the customer’s responsibility to ensure that user names and passwords for provided hardware is kept safe, and it is the customer’s responsibility to provide a South African National Accreditation System (SANAS) compliant power point with earth leakage.
3. Supersonic reserves the right to replace Equipment with refurbished units, which will be provided under existing warranty conditions.
Modification of Terms and Conditions
1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. Supersonic will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify Supersonic against any damage or loss you may sustain because of possession and/or use of, Supersonic network services, or any error, delay, failure or non-availability of the service. Visit this website regularly for notices, updates and/or changes to products and services.
2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.
3. As changes will be posted on this website, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is your responsibility to review these Terms and Conditions regularly.
Limitation of Liability
1. Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and subject to clauses 6.1.2 and 6.1.3 below, Supersonic will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
  1. if Supersonic does not supply or deliver any service on the required date or time; or
  2. if the Supersonic network services are interrupted, suspended, or cancelled, for whatever reason; or
  3. if Supersonic does not suspend the provision of the network services to you after you have specifically requested Supersonic to do so; or
  4. if the loss or damage was caused by any negligent act or failure to act by Supersonic, its employees or agents; or
  5. because of the use of any device supplied to you by Supersonic relating to this service.
2. Clause 6.1.1 above does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which Supersonic gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
General
1. If a Customer reports a service to be faulty and as such a technician is dispatched to the Customer’s site to resolve the fault, and it is found that fault arises from any cause beyond the reasonable control of Supersonic (including but not limited to a “force majeure event”), then the Customer will be liable for the unnecessary call-out fees associated with the same.
2. You will be able to access services only when you are in the Republic of South Africa in an area covered by the Supersonic network.
3. You will be responsible for all products and services upon delivery. Accordingly, Supersonic takes no responsibility for any loss or damage of any of the contents of Supersonic products, where applicable. In the event of theft or loss of your device, such items must be replaced at your own cost. You are obliged to report such loss or theft to the South African Police Services immediately, and to request Supersonic to suspend the account credentials.

Free While-You-Wait Uncapped Internet Terms and Conditions

The Free While-You-Wait Uncapped Internet Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (“Supersonic”) the (“Promoter”) will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on the Customer.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against the Customer.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions.
Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard Supersonic Internet product and service Terms and Conditions.

Introduction
1. Supersonic will supply a F-LTE router, SIM and uncapped data on a free-to-use basis for any new FTTH subscriber to use until their fibre has been installed. This will be a default offer for all new FTTH subscribers who will automatically qualify for this Value-Added Service (VAS) and no additional charges will be levied to the customer (“the Offer”).
2. The Offer will be valid from the 1 December 2020 to 09 February 2021 (“the Offer Period”).
3. Existing F-LTE business rules and T&C’s will apply.

Activation
1. The customer account will be deemed active upon activation of the SIM and will be subject to fulfilment of RICA obligations.

Validity
1. The uncapped F-LTE data will only be valid from the time of SIM activation till the time that the FTTH service has been activated.

Migration Rules
1. Existing FTTH orders placed outside of the Offer Period which are still awaiting installation will not qualify for this Offer and will not be allowed to migrate to this Offer. Existing FTTH cancellation rules will apply to customers with orders awaiting installation if they wish to take up this Offer.

Cancellation
1. Customers that qualify for this VAS Offer, who wish to cancel their FTTH order after it has been placed and the router and SIM have been delivered and activated, will be given the option:
  1. to keep the router and SIM on an existing F-LTE package of their choice.
  2. Return the router and SIM to Supersonic at their cost.
2. In the unlikely event that Supersonic cancels the customer FTTH order due to the Fibre Network Owner being unable to deliver fibre to the customer home, the uncapped VAS will be cancelled and the customer will be given the option to keep the SIM and router on and existing Supersonic F-LTE package or arrange for Supersonic collection.

Depletion rules
1. The Uncapped promotional Offer will not have any limitations or soft-caps, but the Supersonic Acceptable Use Policy will apply, where Supersonic reserves the right to take action against abuse which impacts the experience of other F-LTE users.

Limitation of Liability
1. Supersonic is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network.
2. Subject to the provisions of the Consumer Protection Act, you indemnify Supersonic and their directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever in connection with your participation in this Offer.

Win a Huawei Fitness Bundle with Supersonic: Terms and Conditions

The Win a Huawei Fitness Bundle with Supersonic: Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited ("supersonic") and official Supersonic promoters together referred to as the ("Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter/s and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against you.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2, 3, 4, 5, 6, 7, 8 AND 9.

Introduction
1. “Internet Made Simple.” Supersonic will be giving away a Huawei Fitness bundle by entering on our Supersonic Facebook page (the “Competition”).

Competition Period
1. Entries for the competition, open at 07:00AM South Africa Standard Time on Monday the 27th of January 2021 and close at 07:00AM South Africa Standard Time on Monday the 8th of March 2021. (the “Competition Period").

Who is Eligible to Enter
1. To be eligible to enter, the entrant must
  1. be a natural person;
  2. South African citizen or a permanent resident with a valid identity document; and
  3. be 18 (eighteen) years or older (“the Entrants”).
2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
  1. the Promoter/s;
  2. supplier/s of goods and or services in terms of this Competition; and
  3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.

How to Enter
1. To enter, entrants must, during the Competition Period, purchase any Home Broadband package from the Supersonic website, on supersonic.co.za. Upon purchase of the package the customer will automatically be entered into the draw.

The Reward
1. Entrants, who fulfil the requirements stated in clause 2, 3 and 4 above, will be placed into a draw and the randomly selected winner will be eligible for the prize. The prize to be won is a Huawei Fitness Bundle which is comprised of (the "Reward"):
  - Huawei Watch GT2 valued at R5 000.00 (five thousand rand).
  - Huawei Freelace Earphones valued at R1 999.00 (one thousand nine hundred and ninety-nine rand)
  - Huawei Smart Scale valued at R1 000.00 (one thousand rand).
  1. The winner will be selected by way of a live random/lucky draw on Facebook which will take place on Tuesday the 9th of March at 09:AM;
  2. The Promoter will contact the winner to notify them of their winning entry telephonically, and the winner will be announced on the Facebook, Instagram and Twitter Page on Tuesday the 9th of March following the draw;
  3. It is the entrant’s responsibility to monitor their phone after the draw, and in the event that the Promoter is not able to establish contact with the winner within 24 (twenty-four) hours of the draw, The Promoter reserves the right to award any unclaimed reward to another entrant;
  4. The winners will be required to collect their prizes within 1 (one) month of the draw, from:
    Supersonic
    1st Floor, Building 15,
    Constantia Office Park,
    Cnr Hendrik Potgieter and 14th Avenue
    Weltevreden Park
    
    To the extent that the winners are unable to collect the Reward, the Promoters will endeavour to have them delivered to the winners.

What are the Benefits of the Reward:
1. The winner will receive one Huawei Fitness bundle comprising of:
  Huawei Watch GT2 valued at R5 000.00
  Huawei Freelace Earphones valued at R1 999.00
  Huawei Smart Scale valued at R1 000.00

General
1. No portion of the Reward can be transferred and may not be deferred, changed or exchanged for cash or any other item.
2. The Promoter/s and its agents will not be liable for any travel arrangements or any associated costs for the winner to collect the prize from Supersonic offices.
3. The Promoter/s and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in the promotion or receiving, taking or using any prize except for any liability which cannot be excluded by law.
4. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
5. The Promoter/s shall not be responsible for damage to the reward and/or failing of functionality of the reward for any reason.
6. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s and/or any other third parties’ participation in the Competition or the entrant’s redemption of any Reward in terms of this Competition, or from any amendments to Reward details and/or the terms and conditions of this Competition. All entrants (including the winner) and/or any other third parties hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
7. The Promoter/s shall assume no liability whatsoever with regards to what its vendors and/or sub-contractors and/or any other third parties does in administering and varying the nature of the Reward.
8. In the event that the winner is unable to redeem the Reward for any reason, or is disqualified for any reason, the winner will forfeit the Reward.
9. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Reward or these terms and conditions upon notice in this regard being published www.supersonic.co.za or in another appropriate medium. In the event that the Reward is limited or varied in this manner, the Promoter/s shall replace the Reward with a reward of a similar economic value.
10. With regard to clause 7.6 above, any amended terms and conditions published in any media, or supersonic website www.supersonic.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
11. The judges who will select the winner will not enter into any discussions regarding awarding the Reward.
12. The decision of the Promoter/s in respect of disputes arising out of this Competition shall be dealt with by the Promoter/s in terms of these terms and conditions. The decision of the Promoter/s in this regard shall be final.
13. The Promoter/s reserves the right to withhold the Reward until it is entirely satisfied that the claimant of the Reward is the bona fide valid claimant and reserves the right to call for such proof as it may deem necessary.
14. Entrants may be requested by the Promoter/s to consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as entrants. Entrants may decline the use of their name, likeness and image by the Promoter/s.
15. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
16. Entrants agree that it is an express condition of the Competition that in order to be eligible to redeem the Reward, the winner shall be required to submit the appropriate acknowledgement of receipt of the Reward.

Unlimited Air Fibre Show of Interest Terms and Conditions

The Unlimited Air Fibre Show of Interest Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (“Supersonic”) the (“Promoter”) will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on the Customer.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against the Customer.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions.
Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard Supersonic Internet product and service Terms and Conditions.

Introduction
1. The Promoter is driving a campaign to gage interest for Tarana a potential product which is a new Product that we will be launching early next year. It is a connectivity product like Fibre and F-LTE except it uses Microwave technology (the “Product”).
2. The Promoter is targeting anyone interested in home connectivity, the campaign will run in specific targeted areas. The launch date is yet to be defined.
3. The campaign will be available from the 15 December 2020 until the 31 January 2021 (“the Campaign Period”).

Information Collection
1. The promotional offer will be available from 23 November 2020 until 18 December 2020.
2. The Promoter is gathering contact information (Name, Surname, ID number, Physical address, email address and Contact number) from interested parties in order to market the potential Product to said parties once the Product is launched.
3. The interested parties would need to fill in an online form with the contact information stated in clause 2 above within the Campaign Period.
4. The Promoter will make use of the consumers contact and location information for the promotion of Unlimited Air Fibre only.
5. The Promoter is not bound by the show of interest by interested parties in any capacity and will not be held liable if the Product is not launched in the interested parties’ area.
6. The Promoter is not bound by the indicative pricing used in the campaign. This pricing is subject to change prior to the commercial launch of Unlimited Air Fibre.

Air Fibre Terms and Conditions

Supersonic Air Fibre Broadband Services Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations, and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic") will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Utilization of the Supersonic Air Fibre Broadband Service (“Supersonic Air Fibre”) will constitute as agreement to comply with these Terms and Conditions.

Introducing Supersonic Air Fibre

Supersonic Air Fibre is range of broadband services utilizing fixed wireless access (FWA). The service is an uncapped broadband service without traffic shaping.

Supersonic Air Fibre is available in the following line speed offerings:

Download speed	Upload speed
Up to 5 Mbps	Up to 1 Mbps
Up to 10 Mbps	Up to 2 Mbps
Up to 20 Mbps	Up to 4 Mbps
Up to 50 Mbps	Up to 10 Mbps
Up to 100 Mbps	Up to 20 Mbps

Maximum line speed will be subject to the network capacity at the Customer’s premises, which has been limited to 100 Mbps per subscriber.
Supersonic can only provide Supersonic Air Fibre where there is Air Fibre coverage. Therefore, the provision of this service is subject to the verification coverage after the order is placed.
The retail offering includes a Wi-Fi router, external wireless access point (RN) and Power over Ethernet (POE) injector.
In addition to these terms and conditions, Supersonic Air Fibre is subject to the following:
1. Supersonic General Terms and Conditions.
2. Supersonic Privacy Policy.
3. Supersonic Acceptable Usage Policy.
4. Promotional Terms and Conditions.
The abovementioned terms and conditions, and policies are available and accessible on https://www.supersonic.co.za/terms-and-conditions
Supersonic Air Fibre will available from 1 May 2021 and until Supersonic in its sole and absolute discretion elects to discontinue the service.

Placing an order and Service Qualification
1. Customers can place orders for Supersonic Air Fibre through the Supersonic website.
2. All orders placed online are subject to acceptance by Supersonic.
3. All requests for Supersonic Air Fibre will undergo a desktop service feasibility study.
4. The final feasibility to deliver the service is subject to an onsite visit to qualify the installation for service.
5. In the event where Supersonic is unable to deliver the service due to failed Radio Frequency (RF) propagation or any other reasons not limited to cost of providing the infrastructure, Supersonic may deem the order not feasible, and the order may be cancelled and an alternative Supersonic FLTE product may be checked for feasibility and ordered.
6. The Customer must ensure accurate information is provided for Supersonic to qualify service coverage. Any costs incurred by Supersonic due to incorrect information provided by the Customer may be charged to the Customer.
7. Should the Customer change the site location prior to the delivery of the Service, Supersonic shall charge reasonable costs and fees (if any) arising from the change of site.
8. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order; the availability of Air Fibre coverage in the specified location; credit vetting and receipt of payment or a payment authorization.
9. As the service is intended for residential use only, orders placed in the names of juristic persons i.e. businesses and trusts, will not be allowed.
10. Supersonic reserves the right to obtain information regarding the Customer’s credit worthiness from third parties i.e. credit bureaus and authorized agents, after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
11. The order is considered to be accepted when the customer’s Supersonic Air Fibre Account is activated.

Service Activation
1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to Supersonic Air Fibre being activated.
2. RICA requires the customer to provide full names, surname, identity document number and residential address together with the relevant supporting documents, to a RICA Officer.
3. The activation of the service is subject to the Customer accepting Supersonics’ latest terms and conditions.

Contract Commencement and Duration
1. The Supersonic Air Fibre contract commences on the date of activation and will remain in force on a month-to month basis.
2. Customers have the right to a cooling off period of seven (7) days from the day of service activation. During this period, the consumer may cancel the Supersonic Air Fibre contract (for whatever reason) subject to returning all hardware received as part of the agreement and the payment of installation cost.

Installation, Equipment and Connectivity
1. Supersonic will supply a Wi-Fi router at no charge on a free-to-use basis. This means that the Customer must return the equipment upon cancellation of Supersonic Air Fibre.
2. Ownership of the Wi-Fi Router will remain with Supersonic for the duration of the Supersonic contract.
3. The risk of loss, damage or theft of the Wi-Fi Router will transfer to the Customer upon delivery of the equipment. Where a Customer loses, damages the equipment, or the equipment is stolen, he will be liable to pay the replacement value of the equipment at the time of loss, damage, or theft. Supersonic will provide another device and reserves the right to provide a refurbished device.
4. Supersonic undertakes to provide installation at no charge, subject to the Customer maintaining Supersonic Air Fibre for a period of 24-months (“clawback-period”). Supersonic reserves the right to recover the remaining balance of the cost of the installation if the Customer cancels Supersonic Air Fibre within 24-months of activation.
5. The Customer will be advised of the applicable installation cost prior to activating their Supersonic Air Fibre account.
6. The Customer will be required to grant Supersonic field service agents and their representatives’ access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that he has obtained all necessary consent and authorisations, including planning permission where required, from landlords, tenants, and other occupants.
7. The Supersonic field service agent will perform a speed test, in accordance with the before proceeding with the installation. If the field test yields result lower than the contracted bandwidth, the customer may decline services and effectively cancel the order.
8. It is the customer’s responsibility to ensure that infrastructure installed on their premises are maintained in operational condition to maintain safety and proper working of the service.
9. Equipment supplied by Supersonic carries a warranty for defects for the duration of the Supersonic Air Fibre The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moister intrusion.
10. If equipment supplied by Supersonic becomes defective:
  1. the Customer must return the equipment to Supersonic.
  2. Supersonic will have the equipment repaired or replaced.
11. Supersonic reserves the right to replace equipment with refurbished equipment.
12. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.

Billing and Payment
1. Subject to the conditions in clauses 1, 3.2 and 3.3 above being met, billing of the Supersonic Air Fibre account will be triggered once the services have been installed and tested.
2. Supersonic will bill the customer for monthly subscription charges in advance from the time the service has been activated.
3. Where a Supersonic Account is activated before the end of a billing cycle, the Customer will be liable for pro-rated subscription.
4. The Customer will also be billed in advance for any additional hardware and services (where applicable).
5. The Customer must pay amounts due into Supersonic’s bank account within two (2) business days of the invoice date or on the debit order date.
6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until Supersonic receives payment into its bank account.
7. Supersonic reserves the right to charge a debit order fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions.
8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.

Suspension Rules
1. Supersonic reserves the right to suspend billing and provisioning, with notice to the Customer, if Supersonic has not received payment in full.
2. Where a Customer’s has been suspended, they will not have access to the services.
3. A suspended Supersonic Air Fibre account may be reactivated subject to payment of the full outstanding amounts due.
4. Where suspension continues for a period of 60 consecutive days or more, Supersonic reserves the right to cancel the contract and deactivate the Supersonic Air Fibre account.
5. A Customer may not request for his Supersonic Account to be suspended whilst they are in-contract as Supersonic does not allow any kind of payment holiday arrangement.

Migration Rules
1. Customers may upgrade the line speed of their services at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.
2. Customers may downgrade the line speed of their services at the same premises, effective from the next billing date. The Customer must give notice to Supersonic of his intention to downgrade on or before the 20th of the month prior to the intended effective date of the downgrade.
3. Modifications to the service will be subject to a feasibility check for available capacity.
4. Downgrades are limited to once in a period of 6 consecutive months

Relocation Rules
1. Customers may relocate their services from one premises to another subject to the following conditions:
  1. A feasibility check for available capacity.
  2. Installation will occur in accordance to clause 5 - Installation, Equipment and Connectivity

Transfer of Ownership
1. Customers may not transfer their Supersonic Air Fibre accounts to another person. An account will have to be settled in full then cancelled before another customer may open an account with similar details.

Cancellation Rules
1. The Customer may cancel Supersonic Air Fibre at any time by giving Supersonic notice of one calendar month.
2. The notice must be communicated via e-mail to cancellations@supersonic.co.za or info@supersonic.co.za.
3. Supersonic reserves the right to recover any outstanding amounts including amounts recoverable in respect of the value of any equipment supplied, including lost or damaged equipment (replacement value at the time of cancellation).

Service Interruptions and Support
1. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 0861 787 377 during the following time periods:
  1. weekdays between 8AM and 8PM; and
  2. weekends and public holidays between 8Am and 5PM.
2. Where a call out can be attributable to a fault caused by the Customer, the Customer will be charged a call out fee.

Changes to the Service and, Terms and Conditions
1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.

Limitation of Liability
1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
  1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
  2. The suspension, interruption or cancellation of Supersonic Air Fibre account through no negligent or failure by Supersonic (and its representatives and agents).
  3. The legal suspension of the Customer’s Supersonic Air Fibre account.
  4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
  5. The Customer’s use of any equipment supplied to them by Supersonic.
2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic Air Fibre contract.

Complaints Handling Procedure
1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
2. Complaints can be communicated via email and on our social media pages.
3. Supersonic will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
4. Supersonic will investigate and provide feedback on the complaint within 14 calendars days.
5. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
  1. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
  2. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za.
  3. The Consumer Goods and Services Ombudsman on cgso.org.za or email to info@cgso.org.za.

Black Friday 2020 Terms and Conditions

The Supersonic Black Friday 2020 Promotion Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic") will have towards Customers and other persons.
These Terms and Conditions may limit and exclude Customers rights and remedies against the Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Participation in this offer will constitute as agreement to comply with these Terms and Conditions.

Supersonic would like to offer exceptional value to F-LTE customers during the Black Friday period with two promotional packages.
Supersonic Black Friday LTE Offers
1. New Supersonic customers who sign up for the 60GB F-LTE services during the promotional period, will enjoy a reduced subscription fee of R199 (normal price: R249) including a SIM, Free-to-Use Wi-Fi Router, and delivery.
2. New and existing customers will be offered the opportunity to sign up for a new promotional uncapped F-LTE package at a subscription fee of R999. The promotional uncapped product will allow the subscriber unlimited data usage, with no throttling or soft caps. This offer includes a SIM, free-to-use Wi-Fi Router and delivery.

Promotional Period
1. The promotional offer will be available from 23 November 2020 until 31 January 2021.

Obligations upon expiry of promotion
1. The customer will enjoy the benefits of the promotion for a period of 24-months.
2. Upon expiry of the 24-month period:
  1. The 60GB F-LTE services will automatically revert to the standard price.
  2. The Uncapped F-LTE services will be automatically migrated to a similarly priced F-LTE price plan, which could be either capped or uncapped. This determination is solely at Supersonic’s discretion.

Terms of user
1. The Supersonic F-LTE terms and conditions apply to F-LTE services provided in terms of this promotional offer.
2. Supersonic reserves the right at any time to modify, suspend or discontinue this promotional offer, with notice to the customer.
3. The customer must visit Supersonic website regularly for notices, updates and/or changes to products/services and promotions
4. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the offer or the network services where Supersonic suspects abuse of its network, the offer, any of its services, fraud, criminal activity or where your participation in the offer is placing an unreasonable constraint on the Supersonic/MTN network which may impact the experience of other customers.

Win a pod at the New Day Out music festival: Terms and Conditions

The Win a pod at the New Day Out music festival Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited ("supersonic") and official Supersonic promoters together referred to as the ("Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter/s and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against you.

To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2, 3, 4, 5, 6, 7, 8 AND 9.

Introduction
Internet Made Simple. Supersonic will be giving away a pod at the upcoming New Day Out music festival. An individual can win by entering on our Supersonic Facebook page (the “Competition”).
Competition Period
Entries for the competition, open at 11:00am South Africa Standard Time on Tuesday the 24th of November 2020 and close at 16h30pm South Africa Standard Time on Thursday the 26th of November 2020. (the “Competition Period").
Who is Eligible to Enter
1. To be eligible to enter, the entrant must:
  1. be a natural person
  2. be a South African citizen or a permanent resident with a valid identity document
  3. be 18 (eighteen) years or older; and
  4. have a valid Facebook, Twitter or Instagram profile on the social media platform where the entry is submitted
2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
  1. the Promoter/s;
  2. supplier/s of goods and or services in terms of this Competition; and
  3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.

How to Enter
To enter, entrants must, during the Competition Period, Like our Facebook page and share the applicable post using the #WeLoveSimple.
The Reward:
1. Entrants, who fulfil the requirements stated in clause 2, 3 and 4 above, will be placed into a draw and the randomly selected winner will be eligible for the prize. The prize to be won is a pod at the New Day Out event taking place at Montecasino on Sunday the 29th of November. The prize includes a pod for four people, four umbrellas, four masks, four red bulls, four savannas & two cans of pringles. The prize excludes transport to Monte or anything additional to the above; which will be the prize-winners own responsibility (the “Reward”).
2. The winner will be selected by random draw which will take place on Thursday the 26th of November 2020 @ 17h00.
3. The Promoter will contact the winner to notify them of their winning entry through the messaging service on Facebook, and the winner will be announced on Facebook immediately following the draw on Thursday the 26th of November 2020.
4. It is the entrant’s responsibility to monitor messages in their social media messenger application after the draw, and in the event that the Promoter is not able to establish contact with the winner within 90 (ninety) minutes of the draw, The Promoter reserves the right to award any unclaimed reward to another entrant.
5. The winners will receive their prize via email by 17h00 on Friday the 27th of November 2020.

What are the Benefits of the Reward:
1. 1 (one) winner will be selected for the reward.
2. The winner will receive one pod at the New Day Out event taking place at Montecasino on Sunday the 29th of November. The prize includes a pod for four people, four umbrellas, four masks, four red bulls, four savannas & two cans of pringles. The prize excludes transport to Monte or anything additional to the above; which will be the prize-winners own responsibility.

General
1. No portion of the Reward can be transferred.
2. The Promoter/s and its agents will not be liable for any travel arrangements or any associated costs for the winner to redeem their prize.
3. The Promoter/s and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in the promotion or receiving, taking or using any prize except for any liability which cannot be excluded by law.
4. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
5. The Promoter/s shall not be responsible for damage to the reward and/or failing of functionality of the reward for any reason.
6. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s and/or any other third parties’ participation in the Competition or the entrant’s redemption of any Reward in terms of this Competition, or from any amendments to Reward details and/or the terms and conditions of this Competition. All entrants (including the winner) and/or any other third parties hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
7. The Promoter/s shall assume no liability whatsoever with regards to what its vendors and/or sub-contractors and/or any other third parties does in administering and varying the nature of the Reward.
8. In the event that the winner is unable to redeem the Reward for any reason, or is disqualified for any reason, the winner will forfeit the Reward.
9. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Reward or these terms and conditions upon notice in this regard being published www.supersonic.co.za or in another appropriate medium. In the event that the Reward is limited or varied in this manner, the Promoter/s shall replace the Reward with a reward of a similar economic value.
10. With regard to clause 7.6 above, any amended terms and conditions published in any media, or supersonic website www.supersonic.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
11. The judges who will select the winner will not enter into any discussions regarding awarding the Reward.
12. The decision of the Promoter/s in respect of disputes arising out of this Competition shall be dealt with by the Promoter/s in terms of these terms and conditions. The decision of the Promoter/s in this regard shall be final.
13. The Promoter/s reserves the right to withhold the Reward until it is entirely satisfied that the claimant of the Reward is the bona fide valid claimant and reserves the right to call for such proof as it may deem necessary.
14. Entrants may be requested by the Promoter/s to consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as entrants. Entrants may decline the use of their name, likeness and image by the Promoter/s.
15. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
16. Entrants agree that it is an express condition of the Competition that in order to be eligible to redeem the Reward, the winner shall be required to submit the appropriate acknowledgement of receipt of the Reward.

FTTH Relief Promotion Terms and Conditions

FTTH Relief Promotion Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as "Supersonic") will have towards Customers and other persons
These Terms and Conditions may limit and exclude Customers rights and remedies against the Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Utilization of the Supersonic Fibre to the Home services (“Supersonic FTTH”) will constitute as agreement to comply with these Terms and Conditions.

Supersonic has heeded to the call to provide affordable services during the COVID-19 crisis by offering new and existing Supersonic customers a discount off subscriptions during the promotional period.

Vumatel Services
1. New Supersonic customers whose order for Vumatel FTTH services are placed and accepted by Supersonic during the promotional period, are eligible for a 100% discount on subscriptions for the first invoice.
2. Existing Supersonic customers who use Vumatel FTTH services may elect to increase their line speed (one level up), during the promotional period, for a period of up to two consecutive billing cycles whilst paying the same subscriptions.
3. This promotional offer will be made available from 8 April 2020 until 30 April 2020.
4. Normal billing and provisioning as per the customer’s chose package will resume after the promotional period.
Frogfoot Services
1. New Supersonic customers whose order Frogfoot services, of any speed, are placed and accepted by Supersonic during the promotional period, will be automatically upgraded to a higher speed package (one level up) and enjoy a higher speed for the duration of the promotional period, at the price of their existing package.
2. Existing Supersonic customers who use Frogfoot services will be automatically upgraded to a line speed one level up for the duration of the promotional period, at the price of their existing package.
3. Please note: the 1 GBps packages do not qualify for an upgrade.
4. The Century City precincts do not qualify for upgrade.
5. This promotional offer is subject to network capacity. Certain regions experiencing network constraints may not participate in the promotional offer.
6. The promotional offer will be made available from 2 April 2020 to 30 June 2020.
7. Normal billing and provisioning as per the customer’s chosen package will resume after the promotional period.
Link Layer Services
1. New Customers whose orders for Link Layer services are placed and accepted during the promotional period, for a package of line speed 50 Mbps or more will receive 100% discount on installation costs and first month’s subscription.
2. The promotional offer will be available from 6 April 2020 to 30 April 2020.
3. Normal billing and provisioning as per the order will resume after the promotional period.
MetroFibre Services
1. Existing Supersonic customers who use MetroFibre services will be automatically upgraded 10 MBps up for the duration of the promotional period.
2. The promotional offer will be available from 7 April 2020 to 27 May 2020.
3. Normal billing and provisioning as per the customer’s chosen package will resume after the promotional period.

SADV Services

Existing Customers will be eligible for an automatic line speed upgrade (as per the table below) at no additional cost to them, for the duration of the promotional period.

New Customers whose orders are placed and accepted by Supersonic during the promotional period will be eligible for an automatic line speed upgrade for the duration of the promotional period.

Current Package (Mbps)	Promotional Upgrade (Mbps)
10/10	20/20
20/20	50/50
50/50	100/100
100/100	200/100
200/100	500/250

The promotional offer will be made available from 7 April 2020 until 30 June 2020.
All customers will resume billing and provisioning as per selected package at the end of the promotional period.

Evotel Services
1. Supersonic intends to offer new customers on Evotel in the Rustenburg precincts, whose orders are placed and accepted during the promotional period, free internet of up to 20Mbps line speeds until the end of June 2020.
2. Where a customer selects a line speed package above 20 Mbps – the customer will be liable for the difference only during the promotional period.
3. Normal billing and provisioning as per the customer’s chosen package will resume after the promotional period.
4. Supersonic intends to make this promotional offer available from 15 April 2020 to 30 June 2020
Pre-Paid Fibre Services
1. Existing and New Customers whose orders are placed and accepted during the promotional period are eligible for an upgrade of download bandwidth from 20/10Mbps to 40/10 Mbps service for duration of the promotional period.
2. 28-Day "Voucher" Service The customer must purchase their first voucher as they normally do for a first-time order/installation. Thereafter the second 28-day service will be provided at no cost to the customer. The customer must purchase another 28-day "voucher" to continue service.
3. Monthly-Recurring Service The customer must purchase their first voucher as they normally do for a first-time order/installation. The second and third payment will be discounted provided that the service is still active. The customer will be liable to pay from the third payment onwards.
4. Supersonic intends to make the promotional offer available from 8 April until 30 June 2020.
5. Normal billing and provisioning as per the customer’s chosen package will resume after the promotional period.
OpenServe Relief Promotion
1. Existing Supersonic customers (customers with active lines as at 22 April 2020) who use Open Serve services are eligible for an automatic line speed upgrade for the duration of the promotional period, at the price of their existing package. The 10Mbps, 20Mbps and 40Mbps speeds will be upgraded to 20Mbps, 40Mbps and 100Mbps respectively. Customers on line-speed packages of 100Mbps and 200Mbps are not eligible for an upgrade.
2. Only active services as at 22 April 2020 will qualify for the free upgrade.
3. All new orders processed after the lists have been compiled will be processed at the ordered speed.
4. All upgraded services will be restored to the original speeds, as per the list after a period of 3 months.
5. Normal billing and provisioning as per the customer’s chosen package will resume after the promotional period.
6. Clients who require services to remain at the higher speeds can simply place Regrade orders for the relevant services on or before 31 July 2020, to ensure that the service remains at the higher speed.
7. The promotional offer will be made available from 24 April 2020 to 31 July 2020.
The General Supersonic FTTH terms and conditions apply to FTTH services provided in terms of this promotional offer.
Supersonic reserves the right at any time to modify, suspend or discontinue this promotional offer, with notice to the customer.
The customer must visit Supersonic website regularly for notices, updates and/or changes to products/services and promotions

Legacy FTTH Product Specific Terms and Conditions

The Supersonic FTTH Product Offering
The product offer consists of the residential price plans available on the www.supersonic.co.za products page for residential customers requiring a service in qualifying Supersonic Territories, available as of the 1st of August 2018
1. Residential Contract Uncapped (month-to-month contract). This product offer consists of the following:
  1. Uncapped Fibre Broadband
  2. Speeds and bandwidth Symmetry dependant on the Fibre Network
  3. Free activation for speeds above 5Mbps, activation charged at a once-off rate of R 1000 (incl. VAT) for the 4Mbps and 5Mbps Uncapped products
  4. Promotional installation (up to 8 Meters for MTN/ Openserve Network and up to 15 Meters for MetroFibre Networx ) as well as 1-hour onsite support, Connection, Wi-Fi router included, T&C’s apply.
  5. Additional Fibre installation charged at R160 (excl. VAT) per linear Meter.
  6. First 30 meters of trenching is free for Frogfoot Network and R50 per linear meter thereafter.
  7. Customers will be offered the option to pay Supersonic the additional Fibre installation costs upfront, or be charged interest free instalments over 12 months or 24 months with their monthly Fibre service fee.
Product Support
1. As a result of the nature of the GPON Fibre network, and the reliance on Open Access Fibre Network Operators, vendors and their partners, Supersonic is not able to offer service level agreements with the residential Fibre service. Supersonic will however, endeavour to meet the following service level commitments:
  1. critical network outages affecting an estate or suburb restored within 4 (four) business hours;
  2. major network outages affecting 100 (one hundred) or more customers restored within 8 (eight) business hours;
  3. minor network outages affecting 10 (ten) or more customers restored within 24 (twenty four) business hours; and
  4. individual residential customers restored within 48 (forty eight) business hours.
2. The Supersonic contact centre is available at 0861 845 5243 during the following time periods:
  1. weekdays between 8AM and 8PM; and
  2. weekends and public holidays between 8Am and 5PM.
3. Where a call out can be attributed to a fault caused by the customer, the customer will be charged a call out fee as per the following schedule and fees:
  1. weekdays during 8AM and 5PM, a charge of R550 (excl. VAT) per hour;
  2. weekdays after 5PM and Saturdays, a charge of R690 (excl. VAT) per hour; and
  3. Sundays and public holidays, a charge of R920 (excl. VAT) per hour.
Value Added Services
1. A VoIP line rental subscription is available at an additional monthly fee, and VoIP phones/handsets are available for purchase from Supersonic. VoIP product specific Terms and Conditions will apply.
2. Fixed/Static IP addresses are available upon request, charged at a monthly rate per block of addresses subject to Fibre network provider compatibility. Please contact Supersonic for available options.
3. A Smart Managed Wi-Fi solution comprising Smart Wi-Fi devices and a mobile application-based management tool is offered based on the outcomes of the complementary Wi-Fi assessment included in the 1-hour onsite support. The Smart Managed Wi-Fi product specific Terms and Conditions will apply.
Connectivity, Installation and equipment
1. Supersonic will supply a Wi-Fi router, which the customer will pay for over the initial 24 (twenty four) month period.
2. Customers who receive connectivity and installation at no additional charge with a product offer will be liable for additional installation costs where more than the inclusive promotional distance of Fibre is required. These additional costs will be specified in the quotation prior to commencement of installation.
3. Customers who qualify for free installation and connectivity on the selected product promotion, but do not require a new installation or Connectivity and/or router, will not benefit from any pay out, value offset, or cash equivalent for the full value or any portion of the inclusive promotional items.
4. The customer will be required to grant Supersonic field services and their representatives access to work internally and externally at the customer premises for installations and maintenance, and will be required to obtain all necessary consent including planning permission where required, from landlords, tenants and other occupants
5. The customer shall maintain and operate compatible equipment and devices required to access the Supersonic services and Supersonic makes no representation of warranties, either expressed or implied, regarding such customer equipment.
6. The customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off. This excludes network equipment like infrastructure provider installed ONT’s. It is the customer’s responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.
7. Supersonic supplied equipment carries a 12 (twelve) month replacement warrantee, which warrants against failures due to manufacturing defects. The customer will be responsible for repair costs to faulty equipment, which is outside of the warranty period, and where the inflicted damage has not resulted from a manufacturing defect. Supersonic supplied routers will carry a warranty for the duration of the rental period. Supersonic reserves the right to replace warranty replacement equipment with refurbished equipment.
Contract Term
1. The Supersonic FTTH contract ownership is non-transferable.
2. Billing of the Supersonic FTTH service will take effect from the date of Supersonic service activation. All costs incurred by the Fibre network provider to install Fibre infrastructure and equipment shall be borne by the customer should an application cancellation request be received by Supersonic prior to the activation of the service.
3. The Supersonic FTTH product offering is available on month-to-month contract terms with a claw back period of 24 (twenty four) months from initial contract term start for any inclusive promotional items, for example if a customer who receives a free Wi-Fi router and installation cancels the service before 24 (twenty four) months from initial start, the customer will be liable for a pro-rated retail price of these items in claw-back charges from the date the service has been terminated.
4. This agreement shall continue unless terminated with 1 (one) calendar months’ written notice subject to claw back costs.
5. Supersonic may terminate this agreement at its discretion, for reasons other than breach, and endeavours to take all reasonable means to provide 1 (one) calendar months’ notice the customer.
6. The customer will remain liable under this agreement, for all fees and charges until the agreement has been completely terminated.

New FTTH Product Specific Terms and Conditions from 22 August 2019

The Supersonic FTTH Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic") will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Utilization of the Supersonic Fibre-to-the-Home Services (Supersonic FTTH) will constitute as agreement to comply with these Terms and Conditions.

The Supersonic Fibre to the Home Service
1. Supersonic FTTH is offered as a broadband best-effort service subject to natural contention in the network.
2. The service is offered as an uncapped service without traffic shaping, and without quality of service (“QoS”) implementation.
3. The base FTTH offer will only include Layer 3 internet access and support general consumer grade value added services including but not limited to voice services.
4. Line speed offerings will be subject to those provided by the underlying Fibre Network Operator (“FNO”) on which the order is placed.
5. In addition to these Terms and Conditions, the use of Supersonic FTTH is subject to the following:
  1. Supersonic General Terms and Conditions;
  2. Supersonic Privacy Policy
  3. Supersonic Acceptable Use Policy;
  4. Terms and Conditions specific to a price plan; and
  5. Terms and Conditions applicable to a specific promotion.
6. The abovementioned terms and conditions, and policies are available and accessible on www.supersonic.co.za/Pages/Termsandconditions.aspx.
7. Supersonic can only provide Fibre services in an area where there is MTN Fibre network; or where Supersonic has partnered with an FNO.
8. Where Supersonic has partnered with an FNO, the provision of the Supersonic FTH service is subject to the FNO verifying the coverage details after the order has been placed with Supersonic.
  
  Supersonic FTTH consists of the residential price plans available on www.supersonic.co.za/Pages/ViewProducts.aspx for residential customers requiring a FTTH services in qualifying Supersonic Territories, available as of 22 August 2019.
Placing of Orders
1. Customers can place orders for Supersonic FTTH either online, through the Supersonic website, or through an authorised representative of Supersonic.
2. All orders, placed online or through an authorised representative, are subject to acceptance by Supersonic.
3. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order; the availability of Fibre network in the specified location; credit vetting and receipt of payment or a payment authorisation.
4. As the service is intended for residential use only, orders placed in the names of juristic persons i.e. businesses and trusts, will not be allowed.
5. The Supersonic order process makes provision for a feasibility and coverage check. Supersonic will not allow an order to be placed without a successfully validated coverage check.
6. Supersonic reserves the right to obtain information regarding the Customer's credit worthiness from third parties i.e. credit bureaus and authorised agents, after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
7. The order is accepted when the customer's Supersonic FTTH Account is activated.
Service Activation
1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic FTTH Account being activated.
2. RICA requires the customer to provide full names, surname, identity document number and residential address together with the relevant supporting documents, to a RICA Officer.
3. The activation of the service is subject to the Customer accepting Supersonic's latest terms and conditions.
Contract Commencement and Duration
1. The Supersonic FTTH contract commences on the date of activation.
2. The Supersonic FTTH contract will remain in force on a month-to month basis.
3. Customers who sign up for Supersonic FTTH have the right to a cooling off period of five (5) days from the day of service activation. During this period, the consumer may cancel the Supersonic FTTH contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of installation cost.
Installation, Equipment and Connectivity
1. Supersonic will supply a Wi-Fi router to the Customer on a free-to-use basis. This means that the Customer must return the equipment upon cancellation of Supersonic FTTH.
2. Ownership of the Wi-Fi Router will remain with Supersonic for the duration of the Supersonic FTTH contract.
3. The risk of loss, damage or theft of the Wi-Fi Router will transfer to the Customer upon delivery of the equipment. Where a Customer loses, damages the equipment, or the equipment is stolen, he will be liable to pay the replacement value of the equipment at the time of loss, damage or theft. Supersonic will provide another device and reserves the right to provide a refurbished device.
4. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) to provide its FTTH services.
5. Customers may make use of their own devices but may be subject to limited support as a result of limitations in compatibility with Supersonic systems.
6. Where Customers elects to use their own equipment and devices, the customer must maintain and operate compatible equipment and devices required to access the Supersonic services. To that end, Supersonic makes no warranties, either expressed or implied, regarding such customer equipment.
7. Supersonic undertakes to provide standard connectivity and installation at no charge, subject to the Customer maintaining Supersonic FTTH for a period of 24-months (“clawback-period”). Supersonic reserves the right to recover the remaining balance of the cost of the standard installation and activation if the Customer cancels Supersonic FTTH within 24-months of activation.
8. Where a customer requires non-standard installation, the customer will be liable for the additional costs of installation. These additional costs will be specified in the quotation prior to commencement of installation and must be settled prior activation.
9. Installation and connectivity costs are determined by the FNO. The Customer will be advised of the cost prior to activating the Customer Supersonic FTTH Account.
10. The Customer will be required to grant Supersonic field service agents and their representatives access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that he has obtained all necessary consent and authorisations, including planning permission where required, from landlords, tenants and other occupants.
11. The Customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off. This excludes network equipment like infrastructure provider installed Optical Network Terminal (“ONT”). It is the customer's responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.
12. Equipment supplied by Supersonic carries a warranty for defects that render the equipment that render it reasonably unsuitable for the purpose it is generally intended.
13. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moister intrusion.
14. If equipment supplied by Supersonic becomes defective:
  1. the Customer must return the equipment to Supersonic.
  2. Supersonic will have the equipment repaired or replaced.
15. Supersonic reserves the right to replace equipment with refurbished equipment.
16. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
Billing and Payment
1. Subject to the conditions in clauses 3.1, 3.2 and 3.3 above being met, billing of the Supersonic FTTH account will be triggered once the services have been installed and tested, including instances where a pre-configured router has been couriered to a Customer to perform a self-installation.
2. Supersonic will bill the customer for monthly subscription charges in advance from the time the service has been activated.
3. Where a Supersonic FTTH Account is activated before the end of a billing cycle, the Customer will be liable for pro-rated subscription.
4. The Customer will be billed in advance for any additional hardware and services
5. The Customer must pay amounts due into Supersonic's bank account within 21 business days of the invoice date.
6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customer carries the risk of payment until Supersonic receives payment into their account.
7. Supersonic reserves the right to charge a debit order fee of R 11,50 (excluding VAT) for each unsuccessful debit order transactions.
8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
Suspension Rules
1. Supersonic reserves the right to suspend billing and radius provisioning, with notice to the Customer, if Supersonic has not received payment in full.
2. Where a Customer's account has been suspended, he will not have access to the internet.
3. A suspended Supersonic FTTH Account may be reactivated subject to payment of the full outstanding amounts due and a re-connection fee which is equivalent to the FNO activation charge.
4. Where suspension continues for a period of 60 consecutive days or more, Supersonic reserves the right to deactivate the Supersonic FTTH Account subject to the FNO's deactivation rules.
5. A Customer may not request for his Supersonic FTTH Account to be suspended whilst he is in contract as Supersonic does not allow any kind of payment holiday arrangement.
Migration Rules
1. Customers may upgrade their services to higher priced packages at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.
2. Customers can upgrade without a charge for the first upgrade. Subsequent upgrades will be charged at the prevailing FNO Regrading Rates.
3. If a Customer has already received promotional value (such as free installation), he will not be eligible to receive additional promotional value when he upgrades to a service package offering the same promotional value.
4. Where a Customer upgrades to a package offering different promotional value, Supersonic reserves the right to recover the balance of the cost of the promotional value on the old package before any new promotional value can be provided to the Customer.
5. Customers may downgrade their services to a lower priced package at the same premises, subject to a payment of the applicable FNO Regrading Rate, effective from the next billing date. The Customer must give notice to Supersonic of his intention to downgrade on or before the 20^th of the month prior to the intended effective date of the downgrade.
6. Supersonic reserves the right to recover the remaining balance of any promotional value given to the Customer upon downgrade.
Relocation Rules
1. Customers may relocate their services from one premises to another, within the same residential area, on the Supersonic Fibre Network, subject to the following conditions:
  1. The Customer will not be eligible to receive additional promotional value (including but not limited to, standard installation) if the Customer is still within the claw-back period.
  2. If relocation takes place within an existing claw-back period, the agreement will remain in place for the initial term and no additional promotional value will be given.
  3. If new infrastructure is required for the services to be installed, Supersonic will recover the remaining balance of the promotional value and new claw-back period will commence in respect of the installation costs.
2. Customers may relocate their services from one premises to another either on: a different Fibre network; or on the same Fibre network other than the Supersonic Fibre Network, subject to the following conditions:
  1. The initial Supersonic FTTH contract will be terminated subject to cancellation rules set out in clause 11 below.
  2. If the Customer is relocating to an area on a new Fibre network, he must elect a Fibre package equivalent to the one he has.
  3. If the Customer is relocating to an area on the same Fibre network, he will be defaulted to his current package automatically.
  4. A new order will be created for the new premises and all the rules applicable to orders, as set out in clause 2 above, will apply.
3. Where a Supersonic technician is dispatched to install and/or reconfigure any devices as a result of a service relocation, the Customer will be liable for a Call-Out Charge on the prevailing rates.
Transfer of Ownership
1. Customers may transfer their Supersonic FTTH Accounts to another person subject to the following:
  1. both parties need to approach a RICA Agent to initiate the change of ownership process as per RICA;
  2. all outstanding amounts including amounts that Supersonic is entitled to recover during the claw-back period, must be settled by the Customer; and
  3. the transfer of the Supersonic FTTH Account is subject to the new Customer accepting Supersonic's latest terms and conditions.
Cancellation Rules
1. The Customer may cancel Supersonic FTTH at any time by giving Supersonic notice of one calendar month.
2. The notice must be communicated via e-mail to cancellations@supersonic.co.za.
3. Supersonic reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback-period and the value of any lost or damaged equipment (replacement value at the time of cancellation).
4. The cost of promotional value is recoverable over 24-months and the remaining balance of promotional value is recoverable within the Clawback period as follows:
  Cost of promotional value (Installation and Activation Cost) / 24 X Remaining months of the Clawback-period
5. Supersonic will instruct the relevant FNO to release the line only once the Supersonic FTTH Account has been settled in full.
Service Interruptions and Support
1. As a result of the nature of the GPON Fibre network, and the reliance on Open Access Fibre Network Operators, vendors and their partners, Supersonic is not able to offer service level agreements with the residential Fibre service. Supersonic will however, endeavour to meet the following service level commitments:
  1. critical network outages affecting an estate or suburb restored within 4 (four) business hours;
  2. major network outages affecting 100 (one hundred) or more Customers restored within 8 (eight) business hours;
  3. minor network outages affecting 10 (ten) or more customers restored within 24 (twenty-four) business hours; and
  4. individual residential Customers restored within 48 (forty-eight) business hours.
2. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 0861 787 377 during the following time periods:
  1. weekdays between 8AM and 8PM; and
  2. weekends and public holidays between 8Am and 5PM.
3. Where a call out can be attributed to a fault caused by the Customer, the customer will be charged a call out fee.
Changes to the Service and, Terms and Conditions
1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
Limitation of Liability
1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
  1. Supersonic's failure to supply or deliver equipment or services on the required date and/or time.
  2. The suspension, interruption or cancellation of Supersonic FTTH through no negligent or failure by Supersonic (and its representatives and agents).
  3. The legal suspension of the Customer's Supersonic FTTH.
  4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
  5. The Customer's use of any equipment supplied to him by Supersonic.
2. Supersonic's cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month's subscription payable in terms of the Supersonic FTTH contract.
Complaints Handling Procedure
1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
2. Complaints can be communicated via email and on our social media pages.
3. Supersonic will endeavour to acknowledge your complaint within 48 hours and provide the Customer with a reference number.
4. Supersonic will endeavour to investigate and provide feedback on the complaint within 14 working days.
5. If the Customer is not satisfied with the resolution of the complaint, he has the right to refer the matter to:
6. The Internet Service Provider's Association (ISPA) on queries@ispa.org.za; or
7. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za.

Mitchells Fibre Prepaid Offer Terms and Conditions

Mitchells Fibre Prepaid Offer Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Super Sonic (Proprietary) Limited and Mitchells Fibre together (referred to as the “Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter/s and place various risks, liabilities, obligations and legal responsibilities on you.
To the extent that the Terms and Conditions or any goods or Promotions provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2, 3, 4, 5 AND 7.

Introduction
1. Supersonic is offering its customers a new prepaid internet access plan on the Mitchells Fibre network. Customers who sign up will purchase vouchers from Supersonic and redeem them to get time-based access to the internet (the Promotion).
Duration
1. The Promotion is available from 04 October 2019 until such a time as the Promoter in its sole and absolute discretion elects to discontinue the service.
Who is Eligible?
1. The Promotion is available to all customers that purchase the service within the coverage area.
How does the service and Promotion work?
1. The service is only available on Mitchells Fibre foot print in the Mitchells Plain area in Western Cape, determined by coverage map on Supersonic website.
2. This service is not available to juristic persons it is only available to residential customers for personal use only.
3. Customers place their orders on the Supersonic website and via the Supersonic call centre.
4. In the case where the customer has already had a Mitchells Fibre service from a different Internet service provider (ISP), orders for a supersonic service can only be accepted if the previous ISP has released the line.
5. To secure the order the customer is required to purchase one of the following prepaid voucher types:
  1. Ad-hoc voucher with twenty eight (28) consecutive days validity from activation.
  2. Monthly recurring prepaid voucher with monthly validity.
6. Voucher payment for recurring services is accepted through the following methods:
  1. Credit card;
  2. Debit card; and
  3. Debit order.
7. Recurring services where payment is made by debit order, the debit order run will take place before the last day of the month.
8. The order is considered accepted once payment has been received by Supersonic.
9. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order and receipt of payment or a payment authorisation. Supersonic reserves the right to credit vet.
10. The product prices are as set out in the Supersonic website and are subject to change from time to time.
11. Mitchells Fibre will manage the Wi-Fi password and SSID on the device, and the customer will not be allowed to select to use a password or SSID of their own. This Wi-Fi password will be regenerated by Supersonic and sent via SMS to the customer’s elected mobile number in the case where the customer has forgotten it.
12. The Mitchells Fibre ONT and Wi-Fi device will only allow a maximum of 10 simultaneous wireless users on the 2,4Ghz Wi-Fi band. The device will not support the 5Ghz Wi-Fi band, and will not allow any wired LAN connections to devices.
13. The ONT and Wi-Fi device will remain the property of Mitchells Fibre and Mitchells Fibre reserves the right to charge a call out fee to remove the equipment upon cancellation.
14. Mitchells Fibre does not offer any insurance on the device or equipment, and the customer will be responsible for replacement cost of the device and any equipment and cabling in the event of theft or other forms of damage.
15. The equipment supplied by Mitchells Fibre carries a three (3) month warrantee from date of initial installation and Mitchells Fibre reserves the right to replace it with refurbished equipment.
16. The customer will be liable for the repair or replacement cost to faulty equipment if the damage to the equipment is user inflicted.
17. The customer will only be able to use the ONT device with embedded wi-fi supplied by Mitchells Fibre.
What does the offer entail?
1. The following is included in the installation promotional value:
  1. One (1) hour installation technician call out;
  2. Optical Network Terminal (ONT) and power supply with two (2) pin Euro plug (adapter to three pin standard SA power plug outlets not supplied);
  3. Routing of Fibre from the outside connection point to where the ONT is installed inside the house, where the Fibre cable route is a maximum of thirty (30) Meters excluding the cable slack;
  4. Gluing of the Fibre cable along the route where possible;
  5. Trenching between 150mm and 200mm depth for a maximum of five (5) Meters included in the thirty (30) Meters route, not crossing paving, concrete, tiles or tar;
  6. A maximum of five (5) Meters of white PVC conduit where a nature or customer inflicted Fibre break may occur included in the thirty (30) Meters, for example exposure to pets, possible damage from normal gardening or maintenance, rain water drainage etc;
  7. Mounting of the ONT with the necessary masonry plugs and screws;
  8. Clean-up of work and re-seal of unused drilled hole(s) with Polyfilla or appropriate sealant excluding paint; and
  9. A three (3) month installation guarantee on workmanship.
2. The following is not included in the installation promotional value:
  1. Trunking and additional conduit beyond the initial five (5) Meters;
  2. Connecting of customer devices to the Wi-Fi Network; and
  3. Trenching, lifting and reinstatement of paving, tiles, concrete or tar.
3. In the case where the installation requirements are not fulfilled by the inclusive value, for example moving of the Fibre entry point or where any of the items not included are necessary, the customer should prepare the Fibre route or ask the contractor to quote separately, for which payment must be made directly to the contracting company.
4. It is the customers obligation to get the necessary permissions from property owners, landlords, or body corporates for the contractor to carry out any work on the property.
5. Supersonic, Mitchells Fibre and their agents, contractors and representatives will not be held liable for any damage to furniture or other items required to be moved in order to complete the installation.
6. It is the customers’ responsibility to move any furniture or moveable items for the purposes of completing the installation and reinstate them once installation is complete, unless, at the discretion of the contractor and under constant supervision of the customer, there is an agreement for the contractor to move and reinstate these items.
Billing and Payment
1. Access to services will only be allowed once Supersonic has received payment in full.
2. Supersonic will bill the customer for recurring subscriptions in advance from the time the service has been activated.
3. If a recurring service is activated before the start of the next billing cycle, the customer will be liable for pro-rated subscription for the rest of the month until the next billing cycle.
4. If a customer pays by debit order or other electronic means, his bank or third party is his agent. The customer carries the risk of payment until Supersonic receives payment into their account.
5. Supersonic reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transaction.
6. Where two (2) consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
7. Payment for Ad-hoc vouchers with twenty-eight (28) consecutive days validity will only be accepted by debit card or credit card.
8. Ad-hoc prepaid vouchers do not have a billing cycle and can be activated at any time in the month and therefore no pro-rating will apply.
9. The customer will purchase a voucher token from Supersonic which will be sent via email/WhatsApp/SMS to the customer designated mobile number, but in order to redeem it, the customer will have to go to the Mitchells Fibre portal.
Suspension Rules
1. Supersonic reserves the right to suspend billing and provisioning of recurring vouchers, with notice to the customer, if Supersonic has not received payment in full.
2. Where a customer has been suspended, he will not have access to the internet.
3. A suspended Supersonic recurring account may be reactivated subject to payment of the full outstanding amounts due.
4. Supersonic recurring account may only remain in a suspended state for a period of two (2) consecutive months, after which it will automatically be converted to an Ad-hoc account.
Migration Rules
1. Customers may upgrade their services to higher priced packages at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.
2. Customers can upgrade without a charge for the first upgrade. Subsequent upgrades will be charged at the prevailing FNO Regrading Rates.
3. If a Customer has already received promotional value (such as free installation), he will not be eligible to receive additional promotional value when he upgrades to a service package offering the same promotional value.
4. Where a Customer upgrades to a package offering different promotional value, Supersonic reserves the right to recover the balance of the cost of the promotional value on the old package before any new promotional value can be provided to the Customer.
5. Customers may downgrade their services to a lower priced package at the same premises, subject to a payment of the applicable FNO Regrading Rate, effective from the next billing date. The Customer must give notice to Supersonic of his intention to downgrade on or before the 20^th of the month prior to the intended effective date of the downgrade.
6. Supersonic reserves the right to recover the remaining balance of any promotional value given to the Customer upon downgrade.
Relocation Rules
1. Relocation of the ONT or changes to the Fibre route after a completed installation will incur a fixed cost of R700 (including VAT), which will need to be paid to the installation contractor directly.
2. If the monthly recurring customer moves home within the Mitchells footprint, the service the initial premises will need to be cancelled with one (1) months’ notice to Supersonic, and a new order will need to be placed at the new premises.
3. If a customer moves from within the Mitchells Fibre footprint to a new premise within coverage of a different Fibre Network Operator (FNO), the Mitchells Fibre service at the initial premises will need to be cancelled with one (1) months’ notice to Supersonic, and the standard Supersonic FTTH terms and conditions will apply at the new premises should the customer elect to keep Supersonic as their ISP.
4. If a customer moves from within a different Fibre Operator Network’s coverage, to within the Mitchells Fibre footprint, the customer will be required to cancel any existing Fibre service subject to the ISP’s cancellation rules, before applying for a Mitchells Fibre service with Supersonic.
Cancellation Rules
1. The monthly recurring customer may cancel the Supersonic Mitchells Fibre service at any time by giving Supersonic notice of one calendar month in order for the debit order mandate to be cancelled. This notice must be sent via email to cancellations@supersonic.co.za.
2. Supersonic reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within a clawback period and the value of any equipment supplied, including lost, stolen or damaged equipment at the replacement value at the time of cancellation.
3. Once a customer has cancelled a Supersonic service, and all outstanding amounts have been paid in full, Supersonic will release the line should the customer decide to apply for the Mitchells Fibre service with another ISP.
General
1. The Supersonic Mitchells Fibre product is not transferable. If a customer moves out from a premise, he is expected to follow the cancellations process and the new person moving into the premises will be required to apply for a new service with Supersonic or any other ISP of their choice.
2. Customers will have access to login to his Mitchells Fibre user profile to perform the following functions:
  1. View token details & expiry info;
  2. user can load & queue new tokens;
  3. view line up/down & basic line info;
  4. go through troubleshoot process - check their line status UP/DOWN;
  5. go through self-diagnostic triage Q&A process before being allowed to log a ticket; and
  6. Log a ticket directly with ISP.
3. In the event of a dispute regarding any aspect of this promotion and/or the Terms and Conditions, the Promoter’s decision will be final, and binding and no correspondence may be entered into.
4. The Promoter shall utilize all reasonable precautions to ensure that all customers’ personal information is kept safe and secure during the promotion period and shall dispose of such information thereafter.
5. If the promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorized intervention or fraud, the Promoter reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to modify, suspend, terminate or cancel the promotion as appropriate, subject to the approval of relevant regulatory authorities.
6. As permitted by Law, the Promoter reserves the right to cancel, suspend or terminate the promotion, without notice at any time, and such cancellation, or termination shall be deemed to have taken effect from the date of publication on www.supersonic.co.za. No liability shall lie against the Promoter in favour of any consumer and/ or third party arising from such cancellation, suspension or termination. Therefore, the customer waives his/her right which they may have against the Promoter and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Promoter.
7. If part or all of any clauses of these Terms and Conditions is illegal, invalid or enforceable it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
8. You will be solely responsible for all products and services used by you. Accordingly, the Promoters takes no responsibility for any loss or damage, of equipment associated with the Promotion. In the event of theft or loss, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons using the Service hereby expressly indemnify the Promoters in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

Supersonic Pre-Paid Fibre FTTH Terms and Conditions

Supersonic Pre-Paid Fibre FTTH Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic") will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against the Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and the Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Utilization of the Supersonic Vuma Reach FTTH Services (“Pre-Paid Fibre Service”) will constitute as agreement to comply with these Terms and Conditions.

Introduction
1. Supersonic is offering its customers a new prepaid internet access plan on the Vuma Reach fibre network.
2. Customers who sign up will purchase vouchers from Supersonic and redeem them to get time-based access to uncapped fibre services.
3. In addition to these Terms and Conditions, the use of Pre-Paid Fibre Services is subject to the following:
  1. General FTTH terms and conditions;
  2. Supersonic Privacy Policy;
  3. Supersonic Acceptable Use Policy; and
  4. Terms and Conditions applicable to a specific promotion (if applicable).
4. Supersonic will only provide Pre-Paid Fibre Service in a Pre-Paid Fibre Precinct, determined by the coverage map on the Supersonic website.
5. This service will be available as of 14 February 2020 until further notice.
Placing of Orders
1. All orders, placed online or through an authorised representative, are subject to acceptance by Supersonic.
2. In the case where the customer who already has FTTH services from a different internet service provider (ISP), places an order for the Pre-Paid Fibre Service, the order can only be accepted if the previous ISP has released the line.
3. The acceptance of the order will depend on, amongst others: the correctness of the product related information reflected on the order, the availability of fibre network in the specified location, credit vetting and receipt of payment or a payment authorisation.
4. As the service is intended for residential use only, orders placed in the names of juristic persons i.e. businesses and trusts, will not be allowed.
5. The Supersonic order process makes provision for a feasibility and coverage check. Supersonic will not allow an order to be placed without a successfully validated coverage check.
6. To secure the order the customer is required to purchase one of the following prepaid voucher types:
  1. an ad-hoc voucher that is valid for twenty-eight (28) consecutive days from the day of activation; or
  2. a monthly recurring prepaid voucher that is valid for a month.
7. Voucher payment for Pre-Paid Fibre Services is accepted through credit/debit card only.
8. The order is considered to be accepted upon receipt of payment.
9. The Pre-Paid Fibre Service will commence on the activation of a valid voucher and will remain in force for the validity period of the voucher.
Installation, Equipment and Connectivity
1. A Wi-Fi router and an Optical Network Terminal (ONT) device will be provided to the customer by Vumatel and is subject to the applicable Vumatel terms and conditions.
2. The customer will be required to grant Vumatel service agents and/or their representatives’ access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that all necessary consent and authorisations, including planning permission where required, from landlords, tenants and other occupants, have been obtained.
3. The Customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off.
Billing and Payment
1. Customers will have access to the Pre-Paid Fibre Service only when full payment has been received.
2. Upfront payment is required for both ad-hoc and recurring Pre-Paid Fibre Services.
3. Where a recurring service is activated before the start of the next billing cycle, the customer will be liable for pro-rated subscription for the rest of the month until the next billing cycle.
4. Voucher payment for prepaid (ad-hoc and recurring) services is accepted through credit/debit card only.
Suspension Rules
1. Supersonic reserves the right to suspend billing and provisioning of recurring vouchers, with notice to the customer, if Supersonic has not received payment in full.
2. A suspended customer will not have access to the Pre-Paid Fibre Service.
3. A suspended recurring account may be reactivated subject to payment of the full outstanding amounts due.
4. Supersonic recurring account may only remain in a suspended state for a period of two (2) consecutive months, after which it will automatically be converted to an Ad-hoc account.
Migration
1. Customers will be allowed to migrate between ad-hoc pre-paid accounts and monthly recurring accounts, subject to one (1) months’ notice to Supersonic.
2. When customers migrate from an ad-hoc to monthly recurring and the billing date for the Ad-hoc account falls outside of the monthly recurring billing date, the customer will be required to pay a pro-rated fee in order to continue having access to the service after the twenty-eight (28) day voucher has expired and the next monthly recurring bill cycle.
3. When a customer migrates from monthly recurring to Ad-hoc, the customer will be required to purchase and redeem an ad-hoc voucher before the monthly recurring voucher has expired to have uninterrupted access to the service during the migration.
Relocation Rules
1. If a customer relocates to another premise, a new order has to be placed for the new location.
2. The Pre-Paid Fibre Services are not transferable. The customer will have to purchase a new voucher in respect of the new location.
Cancellation Rules
1. Recurring services may be cancelled subject to one calendar months’ notice. This notice must be sent via email to cancellations@supersonic.co.za.
Changes to the Service and Terms and Conditions
1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.

Smart Wi-Fi Product Specific Terms and Conditions

The Supersonic Smart Wi-Fi Product Offering
The product offer consists of the following price plans which will be made available to qualifying Supersonic FTTH customers, available as of the 1st of May 2019 and shall be valid until the 31st of December 2019 subject to Rand/USD exchange rate fluctuation and shall include the following:
1. New uncapped Supersonic FTTH Broadband packages offered from the 1st of August 2018 which include a Wi-Fi router and 1-hour onsite support. A complementary Wi-Fi network evaluation is offered during the 1-hour onsite support, where the need for improved coverage and intelligent network management will be assessed and recommendations made to the customer.
2. The recommendations, as referred to above, are based on the Supersonic Managed Smart Wi-Fi Network offer, comprising of Smart Wi-Fi devices and a managed service accessed through a mobile application. Each device requires an active management subscription for it to remain active on a Managed Smart Wi-Fi network.
3. The Supersonic Managed Smart Wi-Fi Network product offer includes a bundle of 3 (three) devices at a reduced rate, and a reduction on the introductory price of the individual devices as listed below.Each Smart Wi-Fi device requires a management fee to be paid monthly for the advanced features to remain active. Should monthly payment of the management fee not be made, only basic Wi-Fi and limited network settings features can be accessed, and the Wi-Fi functionality will only be available as a static Mesh network.
4. Product Specific Uncapped FTTH Terms and Conditions shall apply.
5. All monthly contract cancelations after the first Supersonic bill cycle will be subject to a pro-rata claw-back on the full 24 (twenty-four) month contract value.
6. All Wi-Fi products are ICASA certified, ICASA Certificate number: TA-2017/2290
Product Support
1. The customer is given the tools to manage and support their own Wi-Fi network through the downloadable Supersonic mobile application.
2. Each Smart Wi-Fi device with an active management licence (paid management fee) will also report operational information to the Supersonic NOC for support and administration.
3. The Supersonic Smart Wi-Fi NOC provides diagnostic information for the Supersonic technical support engineers to perform remote maintenance to a customer Meshed Network.
4. Should the customer require any on-site support to rectify issues which cannot be resolved remotely due to physical changes to their network, for example, moving the physical location of a Smart Wi-Fi device, the standard Supersonic call-out charges will apply.
5. The Supersonic contact centre is available at 0861 845 5243 during the following time periods:
  1. weekdays between 8AM and 8PM; and
  2. weekends and public holidays between 8Am and 5PM.
6. Additional call-out charges (for example, where a call out can be attributed to a fault caused by the customer) shall be for the account of the customer and the following charges as per the following schedule shall apply:
  1. weekdays during 8AM and 5PM, a charge of R550 (excl. VAT) per hour;
  2. weekdays after 5PM and Saturdays, a charge of R690 (excl. VAT) per hour; and
  3. Sundays and public holidays, a charge of R920 (excl. VAT) per hour
Connectivity, Installation and equipment
1. Where Supersonic FTTH packages include 1-hour onsite technical support for the installation of the router and initial Smart Wi-Fi device, Supersonic will endeavour to install any additional Smart Wi-Fi devices purchased during the new FTTH installation, within this time. If, however, additional time is required to complete the installation, this will be billed to the customer at the rates described in clause 3.6 above
2. The customer will be required to grant Supersonic field services and their representatives’ access to work internally and externally at the customer premises for installations and maintenance and will be required to obtain all necessary consent including planning permission where required, from landlords, tenants and other occupants.
3. The customer shall maintain and operate compatible equipment and devices required to access the Supersonic services and Supersonic makes no representation of warranties, either expressed or implied, regarding such customer equipment.
4. Supersonic supplied equipment carries a 12 (twelve) month replacement warranty, which warrants against failures due to manufacturing defects. The customer will be responsible for repair costs to faulty equipment, which is outside of the warranty period, and where the inflicted damage has not resulted from a manufacturing defect. Supersonic reserves the right to replace warranty replacement equipment with refurbished equipment.
Contract Term
1. Both the once-off payment and contract options exclude management fees and the customer will be liable for the monthly management fee as set out in Figure 1 above, for each device separately from date of activation.
2. The contract payment option for the Supersonic Managed Wi-Fi devices are offered on a 24 (twenty-four) month contract, with a pro-rated claw-back on the full contract term value if a customer cancels on or after the first bill cycle.
3. Customers requiring the cancelation of a 24 (twenty-four) month payment option are required to provide Supersonic with 1 (one) months’ written notice, subject to applicable claw-back charges.
4. The management fee for Smart Wi-Fi devices is payable on a month-to-month basis , unless terminated with 1 (one) calendar months’ written notice.
5. Supersonic may terminate this agreement at its discretion, for reasons other than breach, and in the event of such termination, endeavours to take all reasonable means to provide 1 (one) calendar months’ notice the customer.
6. The customer will remain liable under this agreement, for all fees and charges until the agreement has been completely terminated.

Supersonic Home Broadband F-LTE Terms and Conditions

The Supersonic F-LTE Terms and Conditions

The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as "Supersonic") will have towards Customers and other persons.
These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
The Customer must read these Terms and Conditions. Utilization of the Supersonic Fixed-LTE Services (Supersonic F-LTE) will constitute as agreement to comply with these Terms and Conditions.

Introduction
1. The Supersonic F-LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
2. Supersonic F-LTE is a fixed broadband service that will be offered as a stand-alone product to Supersonic Customers who reside within MTN Fixed-LTE coverage areas.
3. The Supersonic F-LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
4. Supersonic F-LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
5. Supersonic F-LTE service does not support traditional mobile voice, SMS and USSD services.
6. The Supersonic F-LTE service makes use of a Supersonic private APN (ws.supersonic.fwa) which the Customer may need to manually configure on to the router.
7. Supersonic can only provide F-LTE services in an area where there is MTN SA Fixed LTE coverage.
8. The provision of the Supersonic F-LTE service is subject to the verification of the coverage after the order has been placed with Supersonic.
9. In addition to these Terms and Conditions, the use of Supersonic F-LTE is subject to the following:
  1. Supersonic General Terms and Conditions
  2. Supersonic Privacy Policy
  3. Supersonic Acceptable Use Policy;
  4. Terms and Conditions applicable to a specific promotion.
  5. The abovementioned terms and conditions, and policies are available and accessible on supersonic.co.za/Pages/Termsandconditions.aspx.
10. This Supersonic F-LTE offer will available from the 13th of December 2019 and until Supersonic in its sole and absolute discretion elects to discontinue the service.
What the Price Plan entails
1. The Supersonic F-LTE service is offered as a capped data product, and Supersonic will not allow any Out-Of-Bundle data usage or charging.
2. The Supersonic F-LTE price plans will receive both Anytime Data and Night Express Data (same volume for both). The Night Express Data is available for use between 00:00 – 05:59 only.
3. The standard inclusive (Anytime and Night Express Data) that remains unused at the end of a billing cycle will carry over once. The Customer will not be allowed to exceed more than 2 times the inclusive value at the beginning of a bill cycle.
4. The unused Top-Up value purchased from self-service channels - will carry over once.
5. The Supersonic F-LTE data with the earliest expiry will deplete first, in the following sequence:
  1. Night Express Data (only between 00:00 and 05:59)
  2. Unused Top-up data
  3. Monthly any-time data rolled over from the previous month
  4. Monthly any-time data allocated for that month
6. Supersonic F-LTE inclusive value and Top-Up value can only be transferred between Supersonic F-LTE accounts/users.
Placing of Orders
1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
Service Activation
1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
Contract Commencement and Duration
1. The Supersonic F-LTE contract commences on the date of activation.
2. The Supersonic F-LTE SIM-only contract will remain in force on a month to month basis until terminated by either party.
3. Customers who sign up for Supersonic F-LTE have the right to a cooling off period of five (5) days from the day of service activation.
4. During this period, the consumer may cancel the Supersonic F-LTE contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of SIM, delivery and activation cost.
Installation, Equipment and Connectivity
1. The Customer will be provided an approved Supersonic router on a free-to-use basis with each Supersonic F-LTE package.
2. The delivery and SIM card will be provided free of charge.
3. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment.
4. Customers will be liable to pay Supersonic the replacement value of the router at the time, in the event of loss or theft, thereof.
5. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately, and to request Supersonic to suspend such SIM Card.
6. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its F-LTE services.
7. Equipment supplied by Supersonic carries a warranty for defects for a period of 12 (twelve) months.
8. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
9. If equipment supplied by Supersonic becomes defective:
  1. the Customer must return the equipment to Supersonic.
  2. Supersonic will have the equipment repaired or replaced.
10. Supersonic reserves the right to replace equipment with refurbished equipment.
11. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
12. Supersonic will not perform any SIM-swaps
13. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
14. Fair Usage: Supersonic reserves the right to stop or alter the Uncapped package service when it reaches 1TB of usage within a period of 1 billing month. A customer may top up via the Supersonic Customer Portal in this event.
Billing and Payment
1. Subject to the conditions in 4 above being met, billing of the Supersonic F-LTE account will be triggered once the SIM card has been activated.
2. Supersonic will bill the Customer for monthly subscription charges in advance from the time the service has been activated.
3. Where a Supersonic F-LTE Account is activated before the start of the next billing cycle, the Customer will be not liable for pro-rated subscription charges, but will be allocated a pro-rated volume of data.
4. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
5. The Customer must pay amounts due into Supersonic’s bank account within 2 (two) business days of the invoice date.
6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until Supersonic receives payment into their account.
7. Supersonic reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions.
8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
Suspension Rules
1. Supersonic reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if Supersonic has not received payment in full.
2. Where a Customer’s has been suspended, he will not have access to the internet unless there is a carry-over of data which has not expired.
3. A suspended Supersonic F-LTE Account may be reactivated subject to payment of the full outstanding amounts due.
Migration Rules
1. Supersonic F-LTE Customers may migrate to other Supersonic services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a fibre network coverage in the applicable area.
2. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped FTTH price plans and Supersonic F-LTE price plans will forfeit all available data for the price plan migrated from.
3. Customers will be allowed to migrate from legacy Supersonic F-LTE packages to this new Supersonic F-LTE offer subject to the cancellation clauses applicable those legacy Supersonic F-LTE packages, and will forfeit any unexpired data on those packages when migrating to this new Supersonic F-LTE offer.
4. Customers who signed up for legacy Supersonic F-LTE packages with 24-month router contracts, will be allowed to upgrade to these packages and the router agreement will be converted to “free-to-use”. The customer will forfeit any monthly contributions to ownership of the router prior to this migration.
Upgrade and Downgrade Rules
1. Supersonic F-LTE packages will not incur penalties or charges for upgrades or downgrades.
2. The Customer will need to notify Supersonic in writing of upgrade or downgrade requests by the 20^th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
3. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
Relocation Rules
1. If a Customer changes their physical location from an area with F-LTE coverage to another with F-LTE coverage, Supersonic will require an update of location in the register used for location locking on the network. Customers will be required to notify supersonic of the intention to move 30-days before moving, and supersonic will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
2. Where a Customers changes locations to an area that does not have F-LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges for Customers on a 24-month contract.
Cancellation Rules
1. The Customer may cancel Supersonic F-LTE at any time by giving Supersonic notice of one calendar month.
2. The notice must be communicated via e-mail to cancellations@supersonic.co.za.
3. Customers who cancel a Supersonic F-LTE service agreement will be liable to return the router to Supersonic at their cost upon cancellation, in a reasonable and working condition, or be charged the replacement value of the router at time of cancellation.
4. Cancellation within the first six (6) months of initial activation of a Supersonic service agreement , will incur an additional charge of R600 (incl. VAT) which is amortised over the said six (6) month term.
Transfer and Change of Ownership
1. The Supersonic F-LTE Price Plan is not transferable
Service: Interruptions and Support
1. Due to the nature of the mobile network, Supersonic makes no guarantees on service quality and availability.
2. Supersonic will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
3. The Customer is ultimately responsible for his/her use of the Supersonic F-LTE service from the activation of the services. Therefore, Supersonic, will not be held liable for any loss or damage that results from the use of the services.
4. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where Supersonic suspects abuse of its network, Supersonic F-LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
5. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 0861 787 377 during the following time periods:
  1. weekdays between 8AM and 8PM; and
  2. weekends and public holidays between 8Am and 5PM.
6. Where a call out can be attributed to a fault caused by the Customer, the Customer will be charged a call out fee.
Changes to the Service and, Terms and Conditions
1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
Limitation of Liability
1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
  1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
  2. The suspension, interruption or cancellation of Supersonic F-LTE through no negligent or failure by Supersonic (and its representatives and agents).
  3. The legal suspension of the Customer’s Supersonic F-LTE.
  4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
  5. The Customer’s use of any equipment supplied to him by Supersonic.
2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic F-LTE contract.
Complaints Handling Procedure
1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
2. Complaints can be communicated via email and on our social media pages.
3. Supersonic will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
4. Supersonic will investigate and provide feedback on the complaint within 14 calendars days.
5. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
  1. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
  2. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za.

Supersonic promotion terms and Conditions – sign up to Vumatel 20/20 @ 599 for 3 months

NOTE:

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX (Proprietary) Limited, Registration Number 2004/010046/07 (”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies Supersonic and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against you.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these terms and conditions carefully. Participation in this Promotional Offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotional Offer.

SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12

Definitions
1. "Connectivity" means the physical Fibre infrastructure deployment between the Gigabit Passive Optical Network (GPON) backbone network and the Optical Network Terminal (ONT) and/or router within the end user’s premises.
2. "Installation" means the installation, configuration and activation of the end user ONT and router within the end user’s premises.
3. "MTN Estates or Suburbs" means all estates, or suburbs, which have access to MTN’s GPON backbone network or Fibre to the home service.
4. "Supersonic Estates" means selected estates in which Supersonic have reticulated with Fibre.
5. "Third Party Network" means all territories in which third party Fibre providers have reticulated with Fibre.
The Supersonic Promotional Offering t
1. Supersonic is running a Festive Promotion in partnership with Vumatel whereby new customers can sign up for our 20/20 FTTH package for the discounted price of R599 per month for a 3 month period. At the end of the 3 month period the pricing will revert back to the standard R899 per month.
Promotional Offer Period
1. The promotion is running from the 1st of November 2018 until the 25th November 2018. Anyone who signs up outside of that period will not be eligible for the promotional package price. Notwithstanding the Promotional Offer Period, Supersonic reserves the right to amend the duration of the Promotional Offer Period to a shorter or longer period, or withdraw the Promotional Offer, with notice to you. Visit http://www.supersonic.co.za/ regularly for notices, updates and/or changes to services.
Qualifying Customers
1. The promotional offer is available to all new customers inclusive of staff. All MTN staff who sign up for the promotional offer will waive their 10% staff discount for the promotional period. Once the package price has reverted to R899 their staff discount will be implemented.
  
  Modification of Terms and Conditions
2. Supersonic reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotion, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.
3. Supersonic reserves the right from time to time to vary the charges of the Promotional Offer as may be deemed necessary in its discretion.
4. Any changes will be posted on www.supersonic.co.za your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
Limitation of Liability
1. In no event will Supersonic be liable to the Qualifying Participant hereunder (by way of indemnity or otherwise) for any direct damages, or indirect damages including but not limited to loss of profits, goodwill, revenue, production, anticipated savings, use or contracts or any other type of indirect or consequential loss or damage.
General
1. Supersonic is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Promotion.
2. You will be able to access services only when you are in the Republic of South Africa in an area covered by the Supersonic network.
3. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Promotional Offer or the network services where Supersonic suspects abuse of its network, the Promotional Offer, any of its services, fraud, criminal activity or where your participation in the Promotional Offer is placing an unreasonable constraint on the Supersonic network which may impact the experience of other Supersonic customers.

Supersonic promotion terms and Conditions – sign up to Try Supersonic Fibre for Free for a Month

The Supersonic Promotional Offering
1. New customers are eligible to sign up to Try Supersonic Fibre for Free for a Month. This an obligation free trial period in which the new customer may experience Supersonic Fibre. At the end of the trial period, billable subscription will accumulate unless the trial is cancelled before the end of the trial period.
2. The trial includes
  1. The value of one (1) full month of free Fibre from date of installation in accordance to the package selected
  2. 8 linear Meters on MTN and Openserve Fibre, additional Fibre installed at Fibre Network Operator rates
  3. Free ISP activation
  4. Free usage of a Wi-Fi enabled router
  5. Free onsite install by Supersonic
  6. Free setup of all devices connecting to our Supersonic network
  7. Free Wi-Fi coverage assessment and implementation on Supersonic smart Wi-Fi solution
  8. The option to purchase the simple managed Wi-Fi solution, that can be managed anywhere via our Supersonic Wi-Fi App. See Smart Wi-Fi Product Specific Terms and Conditions.
  9. Packages between 20 mbps and 100 mpbs ONLY
3. Customers choose the product that they subscribe to and may migrate a to a different speed at the discretion of Supersonic
Promotional Offer Period
1. The promotion runs from 23 November 2018 until 5 April 2019. Anyone who signs up outside of that period will not be eligible for the promotional package price. Notwithstanding the Promotional Offer Period, Supersonic reserves the right to amend the duration of the Promotional Offer Period to a shorter or longer period, or withdraw the Promotional Offer, or amend the promotional offering without notice to you. Visithttp://www.supersonic.co.za/ regularly for notices, updates and/or changes to services.
Cancellation of Trial
1. The customer must cancel their trial month service before the end of the trial period to avoid accumulating subscription charges after the end of the trial period./li>
2. The smart Wi-Fi solution or Plumes purchased during or after the trial period do not form part of the trial cancellation clauses but remain as specified within the Smart Wi-Fi Product Specific Terms and Conditions
3. If a customer cancels the service within the free trial period then we recover our Wi-Fi Router. The customer is responsible for providing the Wi-Fi Router as well as the packaging in their original state upon retrieval by Supersonic
  1. The customer is liable for any damage to the Wi-Fi router; and Supersonic smart Wi-Fi plume devices; and auxiliary devices as installed by Supersonic as a part of the free trial period
4. Cancellation requests from customers may be facilitated and confirmed through calling our call centre
5. A cancellation charge will apply if a customer cancels the service prior to the expiration of the applicable promotional period. The cancellation charge will be based on applicable Equipment, Connectivity and Installation claw back for the product. All amounts currently due and owing will be included in the charge. Any rental Equipment included in the service not returned to Supersonic upon cancellation, will be charged for in full at the prevailing retail price.
Qualifying Customers
1. The promotional offer is available to all net new Supersonic customers including of staff. The promotional offer excludes MTN FTTH customers that have not yet been migrated onto Supersonic
2. Customers may only receive one (1) trial period per address/stand
3. Customers may only receive a single trial period
Modification of Terms and Conditions
1. Supersonic reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotion, its promotions, its products and services and to modify its promotions, its products and services at its discretion, without notice to you.
2. Supersonic reserves the right from time to time to vary the charges of the Promotional Offer as may be deemed necessary in its discretion.
3. Any changes will be posted on www.supersonic.co.za your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
Limitation of Liability
1. In no event will Supersonic be liable to the Qualifying Participant hereunder (by way of indemnity or otherwise) for any direct damages, or indirect damages including but not limited to loss of profits, goodwill, revenue, production, anticipated savings, use or contracts or any other type of indirect or consequential loss or damage.
General
1. After the trial period is over and the customer did not prompt the cancellation of the service as specified at 3 then the Supersonic General Terms and Conditions, excluding the promotional Terms and Conditions apply - https://supersonic-test.azurewebsites.net/terms-and-conditions
2. Supersonic is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Promotion
3. This promotion may not be entered into in conjunction with any other trial, promotional, special rated or free period package
4. You will be able to access services only when you are in the Republic of South Africa in an area covered by the Supersonic network
5. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend your participation in the Promotional Offer or the network services where Supersonic suspects abuse of its network, the Promotional Offer, any of its services, fraud, criminal activity or where your participation in the Promotional Offer is placing an unreasonable constraint on the Supersonic network which may impact the experience of other Supersonic customers.

2 months FREE limitless Fibre from Supersonic Terms and Conditions

Campaign
Live Limitless. Experience Limitless sharing at Huawei K-Day this Saturday with free WIFI brought to you by MTN in partnership with Supersonic.

Come visit us at the Supersonic hospitality area – take the best Supersonic photo and upload it to Supersonic Facebook or Instagram page and use the hashtags #supersonicFibre #HuaweiKDay and you could be in the running to win 2 months FREE limitless Fibre from Supersonic (the “Competition”).
Campaign Period:
Entries open on 2 March 2019 at 10:00+ CAT and close on 3 March at 23:59 CAT. (the "Competition Period").
Who is Eligible to Enter:
1. To be eligible to enter, the entrant must:
  1. be a natural person;
  2. South African citizen or a permanent resident with a valid identity document;
  3. reside in a Fibre covered area
  4. be 18 (eighteen) years or older;
2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
  1. the Promoter/s;
  2. supplier/s of goods and or services in terms of this Competition; and
  3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.
How to Enter:
To enter, entrants must, during the Promotion Period, like the Supersonic Facebook and Instagram Page, take a photo with the Supersonic frame and upload the photos to either the Supersonic Facebook or Instagram page and use the hashtags #supersonicFibre #HuaweiKDAY.
The Reward:
1. Entrants, who fulfil the requirements stated in clause 2, 3 and 4 above, will be placed into a draw and the randomly selected winner will be eligible for the prize. The prize to be won is a 20 mbps download and lowest available upload speed as per the Supersonic product catalogue and as per the Fibre network operator that covers the address of the winner. The reward is a free Supersonic Fibre connection for two months (the “Reward”).
2. In the event that the winner already has a Fibre subscription with another ISP, not Supersonic, then it is at the discretion of Supersonic to await 2 months for the winner to cancel the subscription in order to be eligible for the reward or for the reward to be awarded to another entrant;
3. In the event that the winner already has a Supersonic subscription, the value of the reward will be reduced from the winner’s monthly subscription;
4. The winner will be selected by way of random draw after 3 March 2019 and before 8 March 2019;
5. The winner will be announced on the Facebook and Instagram page and the Promoter will contact the winner to notify them of their winning entry;
6. In the event that the Promoter is not able to establish contact with the winner within 7 days of the announcement, The Promoter reserves the right to award any unclaimed reward to another entrant;
7. If for any reason a winner does not direct message the page to provide their details within the time stated above, then the Reward will be forfeited. The Promoter reserves the right to award any unclaimed reward to another entrant;
What are the Benefits of the Reward:
1. Residential Contract Uncapped (month-to-month contract). This product offer consists of the following:
2. 20/2 or 20/20, Uncapped Fibre Broadband subscription for free for 2 months.
3. The 2 month free period starts upon activation of the winner on the Supersonic network
4. Speeds and bandwidth Symmetry dependant on the Fibre Network
5. Free activation for speeds above 5Mbps, activation charged at a once-off rate of R 1000 (incl. VAT) for the 4Mbps and 5Mbps Uncapped products
6. Promotional installation (up to 8 Meters for MTN/ Openserve Network and up to 15 Meters for MetroFibre Networx) as well as 1-hour onsite support, Connection, Wi-Fi router included, T&C’s apply.
7. Additional Fibre installation charged at R160 (excl. VAT) per linear Meter.
8. First 30 meters of trenching is free for Frogfoot Network and R50 per linear meter thereafter.
9. Customers will be offered the option to pay Supersonic the additional Fibre installation costs upfront, or be charged interest free instalments over 12 months or 24 months with their monthly Fibre service fee
General:
1. No portion of the Reward can be transferred
2. The Promoter/s and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in the promotion or receiving, taking or using any prize except for any liability which cannot be excluded by law.
3. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
4. The Promoter/s shall not be responsible for damage to the reward and/or failing of functionality of the reward for any reason.
5. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s and/or any other third parties’ participation in the Competition or the entrant’s redemption of any Reward in terms of this Competition, or from any amendments to Reward details and/or the terms and conditions of this Competition. All entrants (including the winner) and/or any other third parties hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
6. The Promoter/s shall assume no liability whatsoever with regards to what its vendors and/or sub-contractors and/or any other third parties does in administering and varying the nature of the Reward.
7. In the event that the winner is unable to redeem the Reward for any reason, or is disqualified for any reason, the winner will forfeit the Reward.
8. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Reward or these terms and conditions upon notice in this regard being published www.supersonic.co.za or in another appropriate medium. In the event that the Reward is limited or varied in this manner, the Promoter/s shall replace the Reward with a reward of a similar economic value.
9. With regard to clause 7.6 above, any amended terms and conditions published in any media, or Supersonic website www.supersonic.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
10. The judges who will select the winner will not enter into any discussions regarding awarding the Reward.
11. The decision of the Promoter/s in respect of disputes arising out of this Competition shall be dealt with by the Promoter/s in terms of these terms and conditions. The decision of the Promoter/s in this regard shall be final.
12. The Promoter/s reserves the right to withhold the Reward until it is entirely satisfied that the claimant of the Reward is the bona fide valid claimant and reserves the right to call for such proof as it may deem necessary.
13. Entrants may be requested by the Promoter/s to consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as entrants. Entrants may decline the use of their name, likeness and image by the Promoter/s.
14. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
15. The winner must cancel the service 30 days before the end of the 2 month free subscription period in order not to continue with the service and in order not to incur additional fees for the monthly subscription.
16. Entrants agree that it is an express condition of the Competition that in order to be eligible to redeem the Reward, the winner shall be required to submit the appropriate acknowledgement of receipt of the Reward, as well as an indemnity and/or waiver of liability as reflected in these terms.

Valentines Day 2021 - Win a Weekend Away: Terms and Conditions

Note:

The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited ("supersonic") and official Supersonic promoters together referred to as the ("Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter/s and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter/s may also have claims and other rights against you.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.

SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: CLAUSES 2, 3, 4, 5, 6, 7, 8 AND 9.

Introduction
“Show us some Love.” Supersonic will be giving away a weekend away at a Tsogo Sun Hotel by entering on our Supersonic Facebook page (the “Competition”).
Campaign Period:
Entries for the competition, open at 12:00PM South Africa Standard Time on Friday the 12th of February 2021 and close at 12:00AM South Africa Standard Time on Monday the 15th of February 2021. (the “Competition Period").
Who is Eligible to Enter (“Entrants”):
1. To be eligible to enter, the entrant must:
  1. be a natural person;
  2. South African citizen or a permanent resident with a valid identity document;
  3. reside in a Fibre covered area
  4. be 18 (eighteen) years or older;
2. Participation in this Competition excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Competition (and the spouses, life partners, immediate family members or business partners of the people or entities listed above. This means:
  1. the Promoter/s;
  2. supplier/s of goods and or services in terms of this Competition; and
  3. promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Competition Period.

How to Enter:
To enter, entrants must, during the Competition Period, like the ‘show us some love’ post on the supersonic Facebook page and tag one person in the comments section.
The Reward:
1. Entrants, who fulfil the requirements stated in clause 2, 3 and 4 above, will be placed into a draw and the randomly selected winner will be eligible for the prize. The prize to be won is a weekend away at any Tsogo Sun Property in South Africa to the value to be determined by Supersonic (the “Reward”).The winner will be selected by way of a random/lucky draw on Facebook which will take place on Monday the 15th of February at 9am;
2. The Promoter will contact the winner to notify them of their winning entry via Facebook messenger, and the winner will be announced on the Facebook, Instagram and Twitter Page on Tuesday the 15th of February following the draw;
3. It is the entrant’s responsibility to monitor their Facebook messenger after the draw, and in the event that the Promoter is not able to establish contact with the winner within 24 (twenty-four) hours of the draw, The Promoter reserves the right to award any unclaimed reward to another entrant;
4. The winners will have their prize emailed to them for redemption.

General:
1. No portion of the Reward can be transferred and may not be deferred, changed or exchanged for cash or any other item.
2. The Promoter/s and its agents will not be liable for any travel arrangements or any associated costs for the winner to collect the prize from Supersonic offices.
3. The Promoter/s and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with participating in the promotion or receiving, taking or using any prize except for any liability which cannot be excluded by law.
4. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
5. The Promoter/s shall not be responsible for damage to the reward and/or failing of functionality of the reward for any reason.
6. The Promoter/s, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s and/or any other third parties’ participation in the Competition or the entrant’s redemption of any Reward in terms of this Competition, or from any amendments to Reward details and/or the terms and conditions of this Competition. All entrants (including the winner) and/or any other third parties hereby expressly indemnify the Promoter/s in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
7. The Promoter/s shall assume no liability whatsoever with regards to what its vendors and/or sub-contractors and/or any other third parties does in administering and varying the nature of the Reward.
8. In the event that the winner is unable to redeem the Reward for any reason, or is disqualified for any reason, the winner will forfeit the Reward.
9. In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserve the right to vary the nature of the Competition, the Reward or these terms and conditions upon notice in this regard being published www.supersonic.co.za or in another appropriate medium. In the event that the Reward is limited or varied in this manner, the Promoter/s shall replace the Reward with a reward of a similar economic value.
10. With regard to clause 6.6 above, any amended terms and conditions published in any media, or Supersonic website www.supersonic.co.za will form part of the terms and conditions of the Competition, to which terms the entrants agree to be bound.
11. The judges who will select the winner will not enter into any discussions regarding awarding the Reward.
12. The decision of the Promoter/s in respect of disputes arising out of this Competition shall be dealt with by the Promoter/s in terms of these terms and conditions. The decision of the Promoter/s in this regard shall be final.
13. The Promoter/s reserves the right to withhold the Reward until it is entirely satisfied that the claimant of the Reward is the bona fide valid claimant and reserves the right to call for such proof as it may deem necessary.
14. Entrants may be requested by the Promoter/s to consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Competition for a period of 12 (twelve) months after they are announced as entrants. Entrants may decline the use of their name, likeness and image by the Promoter/s.
15. By entering this Competition entrants signify their consent to be bound by the terms and conditions contained herein.
16. Entrants agree that it is an express condition of the Competition that in order to be eligible to redeem the Reward, the winner shall be required to submit the appropriate acknowledgement of receipt of the Reward.

Third Party Information Privacy Notice

For the purposes of this document a Third Party includes all parties external to Supersonic whether a juristic entity or a natural person supplying a product or service to Supersonic because of a formalised agreement. This then includes but is not limited to contractors, vendors, suppliers, and partners.

Note: “You” means you the reader, reading this document in your capacity as an authorised representative of your company, the Third Party or as a natural person providing a product or service.

Background
The Third Party Information Privacy Notice explains how Supersonic Processes your Personal Information, as is required by the Protection of Personal Information (PoPI) Act 4 of 2013. Supersonic is committed to protecting Third Party information privacy and to ensure that your Personal Information is Processed properly, lawfully, and transparently.

To whom does this Notice apply?
All prospective, existing, and former Supersonic Third Parties, during and after contracting with Supersonic including Third Parties’ consultants and staff members.

Who we are (Supersonic)
Supersonic refers to Supersonic FTTX (Pty) Limited, registration number 2004/010046/07, situated at 216, 14th Ave, Fairlands. Supersonic is a limited liability private company duly incorporated in the Republic of South Africa and wholly owned by MTN SA (Mobile Telephone Networks (Pty) Limited, registration number 1993/001436/07). Supersonic will be registered to process your Personal Information with the Information Regulator’s office.

Key Definitions
The following key terms should be read in conjunction with this Notice:

Term	Definition
Consent	Any voluntary, specific, and informed expression of will in terms of which permission is given by the Customer for the Processing of Personal Information
Data Subject	The person (natural or juristic) to whom Personal Information relates. In this respect the Third Party.
PAIA	The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
Personal Information	Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person as defined in the PoPI Act.
Processing / Process of Personal Information	Any operation or activity or any set of operations, whether by automatic means, concerning company Personal Information, including: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure, or destruction of Personal Information.
Operator	A third party external to Supersonic who Processes your Personal Information for Supersonic in terms of a contract or mandate, without coming under the direct authority of Supersonic.
Responsible Party	A public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing your Personal Information.
Special Personal Information	The religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life / orientation or biometric Personal Information of a Data Subject, The criminal behaviour of a Data Subject to the extent that such information relates to: The alleged commission by a Data Subject of any offence; or Any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.
Third Party	Any person or juristic entity who works for or provides services to or on behalf of Supersonic and receives, or is entitled to receive, remuneration and any other person who assists in carrying out or conducting the business of Supersonic on behalf of the Third Party. It includes, without limitation, directors (executive and non-executive), all permanent, temporary, and part-time staff, as well as contract workers appointed by the Third Party.

Personal Information Management

What is being collected?
Supersonic collects Personal Information about the Third Party that may be used in the procurement and contracting processes. This Personal Information includes, but is not limited to, details such as your company’s registered name, registration number, director’s names, identity numbers, addresses and other company details which could include financial information and banking details.

Supersonic also collects information about the usage of Supersonic information technology and electronic equipment including, but not limited to, telephone, internet usage and emails.

Where is Personal Information collected from?
Supersonic collects Personal Information directly from you during the on-boarding process, self-registration process, pre-qualification process and the procurement process where they provide us with your Personal Information. Where possible, we will inform you what Personal Information is mandatory and what Personal Information is optional. We also collect Personal Information about you from other sources with your permission such as third parties providing CCTV footage and biometric information and information technology equipment related to your employment or products and or services provided.

Why is Personal Information collected?
Supersonic collects your Personal information (including special company information):

to carry out and manage business operations
to fulfil contractual agreement(s)
to administer the benefits and services to you
for vetting and verification, occupational health administration; work management; business travel; corporate security; organisational charts; archiving emails for disaster recovery purposes, legal reporting obligations; and any other legitimate business interests

Monitoring without notice
Supersonic will monitor your activity without notice when there are grounds for suspecting criminal activity or investigations and proceedings as well as regular auditing, when informing you about the monitoring would make it difficult to prevent or detect such wrongdoing.

To whom does Supersonic disclose your Personal Information?
Supersonic may disclose your Personal Information to the following recipients with your duly authorised Consent except when not required to do so by law or legal process:

Internal Supersonic processing – Personal Information shared with other business units and the Supersonic Group.
Subject to the provisions of the PoPI Act and related legislation, regulator’s or judicial commissions of enquiry, any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or discovery in terms of the applicable rules.
South African Revenue Services, or any other Government authority.
Third Parties with whom Supersonic has a contractual relationship for the retention of data and/or provision of relevant business services.
Anyone making a successful application for access to information in terms of PAIA.

Safeguard your Personal Information
Maintaining the security of your Personal Information is important to Supersonic. Reasonable security safeguards have been implemented to protect your Personal Information. Supersonic uses various methods to protect your Personal Information such as:

Encryption methods when transmitting payment information, such as your bank details.
Sensitive data (such as banking information) is protected by SSL encryption when it is exchanged between your web browser and Supersonic.
To protect any data, you store on our servers, Supersonic also regularly audits its systems for possible vulnerabilities and attacks.
Supersonic maintains an Information Security Programme internally to ensure that your Personal Information is protected against unauthorised access, accidental loss or destruction.

If necessary, Supersonic requires Operators in South Africa to whom Supersonic transfers your Personal Information to agree to our information privacy principles, associated policies, and practices, which are no less than the minimum required by the PoPI Act.

Cross-Border data transfers
Supersonic may require the Processing of your Personal Information in other countries for business purposes. Supersonic shall not transfer your Personal Information to a country or territory outside of South Africa unless, that country or territory ensures an adequate level of protection of such Personal Information in relation to the Processing of Personal Information as adopted within South Africa and unless, an agreement setting out the terms and conditions of securing the integrity and protection of Personal Information commensurate to South African legislation is concluded between Supersonic and the third party to which the Personal Information is transferred.
Similarly, this third party may not transfer your Personal Information to another third party within that country or territory for the purposes of their Processing performing part of the third party’s service to Supersonic, without prior written authorisation from Supersonic. This will ensure that all authorised third parties apply the same level of data security and protection as Supersonic on your behalf.

Internal Supersonic communication
Supersonic will use your Personal Information to send you Supersonic news, general communication, and internal marketing communications with your Consent, which will be obtained from you from time to time. During the tenure of your contract, Supersonic may collect videos and/or photographic pictures of your resources which may be published internally or externally with your Consent, including but not limited to the Supersonic website and Supersonic social media pages.

Rights to Privacy

Access to Personal Information
Supersonic will use your Personal Information to send you Supersonic news, general communication, and internal marketing communications with your Consent, which will be obtained from you from time to time. During the tenure of your contract, Supersonic may collect videos and/or photographic pictures of your resources which may be published internally or externally with your Consent, including but not limited to the Supersonic website and Supersonic social media pages.

Deletion or destruction of your Information
You may request that we delete and destroy any of your Personal Information if you have finalised your relationship with Supersonic. Supersonic will however retain and use your Personal Information for as long as is necessary to comply with our legal and business obligations, resolve disputes and enforce this Notice.

Quality of Personal Information
Supersonic has established procedures to ensure that your Personal Information is as accurate and complete as possible. You are encouraged to regularly check our records for accuracy and ensure any necessary amendments are made to bring your records up-to-date. Keeping your Personal Information up-to-date and accurate remains your responsibility. The necessary updates may be done through the self-service portal. Where such service is not available to you, you may notify the Procurement department or your allocated business partner account manager to make the necessary amendments. Some changes will only be made once the necessary supporting documentation has been obtained.

Reporting incidents
Please let us know immediately if you have reasonable grounds to believe that the Personal Information of an Supersonic customer has been accessed or acquired by any unauthorised person within your environment. In turn, Supersonic will in turn advise you immediately and keep you informed if there is a reasonable concern that your Personal Information may have been accessed by an unauthorised person.

Access to this Notice
You have the right to request a copy of this Notice.

Access to this Notice (language)
This Notice is documented in English. As required by law, this Notice must be provided in a language understandable to you. Should this not be the case, Supersonic may assist with translation and/or assist with reading this Notice to you. This may be necessary to overcome any language barriers or to cater for the visually impaired.

In the event of a Breach
Supersonic takes reasonably practicable security measures to ensure your information privacy. In the event of a Personal Information breach, a designated Supersonic official will conduct an internal investigation and provide you with details as to the status of your Personal Information.

Contact Details
For further information, queries, complaints, objections relating to the Processing of your Personal Information you may contact Supersonic or the Information Regulator’s office using the following details:

Supersonic Contact Details	Information Regulator’s Contact Details
Information Privacy Officer Supersonic Innovation Centre 216 14th Avenue Fairlands popi@mtn.com	The Information Regulator (South Africa) SALU Building, 316 Thabo Sehume Street, PRETORIA Ms Mmamoroke Mphelo Tel: 012 406 4818 Fax: 086 500 3351 inforeg@justice.gov.za

Where is the Notice published?
An electronic version of this Notice is stored on the Supersonic website under the Information Privacy link at the foot of the main menu page.
Printed copies may be made available on request. The Third Party Information Privacy Notice always forms part of your registration process and the duty to familiarise yourself with this Notice rests with you, the Third Party.

Changes to this Notice
Supersonic reserves the right to amend this Notice at any time. All amendments to this Notice will be published on the supersonic.co.za website. The current version shall always supersede and replace all previous versions of this Notice and the duty to familiarise yourself with amendments to this Notice rests always with you, the Third Party.

Applicable Laws
This Third Party Information Privacy Notice is governed by the laws of South Africa. Any disputes which may arise out of this Notice are subject to the jurisdiction of the South African courts.

Date of Last Update – 24 March 2021

Information Privacy Notice
AN IMPORTANT NOTICE CONCERNING YOUR INFORMATION PRIVACY PLEASE READ THIS NOTICE CAREFULLY TO ASSIST Supersonic IN PROTECTING YOUR PERSONAL INFORMATION

Maintaining your trust and confidence is high priority. We want you to understand how we protect your information privacy when we obtain Personal Information about you and how we may use this and safeguard that information.
We obtain your Personal Information during the online self-registration process where applicable or at any time that you engage with us either via our website or any other channel.
We may disclose any\all the Personal Information that we obtain about you as required by the South African Revenue Services or any other legal body who has the right of access to your Personal Information and to any party as a result of a successful PAIA application.
We may disclose non-public Personal Information about you during your engagement, to the following types of parties:
1. Financial Institutions
2. Non-financial companies
We may disclose non-public Personal Information about you or your affiliates for the purposes of fulfilling your services as agreed in your contract, that we think may be of service to you during your contract term.
You are within your rights to request access to your Personal Information by sending a request to the Supersonic (MTN SA) Information Privacy Office via the following email address: popi@mtn.com.

Supersonic Customer Information Privacy Notice

Supersonic's enhancement to your Privacy
Supersonic FTTX (Proprietary) Limited, registration number 2004/010046/07 ("Supersonic") respects the privacy of our customers’ personal information which should be protected through the use and interaction with www.mtn.co.za and all associated websites, mobile applications, products and services.

We have prepared this Supersonic Customer Information Privacy Notice ("this Notice") notify you of: the type of personal information we collect from you, our customers and/or users; how we will treat that personal information and; the circumstances under which we will share it with third parties.
Who is the Customer?
A customer is a person (individual or organisation) who enters a contract with Supersonic, or any Supersonic affiliate, for the receipt of services or products, for its own use (as part of an integrated solution provided by Supersonic or any Supersonic affiliate).

Customers who act on behalf of an organisation may only use the Supersonic websites, mobile applications, products and services with authorisation from the organisation.

Customers who are natural persons must be 18 years or older. If you are under 18 years, you may only use the Supersonic websites, mobile applications, products and services with the assistance of a parent or guardian who has provided consent for you.
Who is the user?
A user is a person (individual or organisation) who uses the Supersonic websites, mobile applications, products and services.
Consent from you
Supersonic will not collect or process customer and/or user personal information without obtaining the customer and/or user's consent. Your consent is obtained in terms of a legally binding agreement, which includes the applicable commercial terms and conditions, website, mobile applications terms and conditions and this Notice (for example, Supersonic Subscriber Agreements, Pre-paid terms and conditions, Master Services/Reseller Agreements and Registrations or signing up of any Supersonic online services and products and this Notice).

By accepting the above-mentioned terms and conditions, you are accepting the terms and conditions of this Notice and provide Supersonic with consent for the processing of your personal information and accepting the practices described in this Notice.
Who does this Notice apply to?
This Notice applies to:
- all customers and/or users who are natural persons; and
- all customers and/or users who are organisations.
What we collect about you?
On some websites, mobile applications, products and services which you are subscribing to and purchasing, you may be requested to provide your personal information which is relevant to the type of services and products.

In general, personal information is information which identifies you as an individual, such as: your first and last name; your ID number; your phone number; credit vetting and payment information and; your preferences. Personal information is information which identifies you as an individual, which includes -
- Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of that person.
- Information relating to the education or the medical, financial, criminal or employment history of the person.
- Any identifying number symbol such as cell phone number, account number, handset code, e-mail address, physical address, telephone number, location information, online identifier or other assignment to the person.
- The biometric information of the person, which while processed, is not stored, but encrypted and securely transmitted to Home Affairs for real time verification of the person.
- The personal opinions, views or preferences of the person.
- Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the views or opinions of another individual about the person.
Whilst you are making use of any Supersonic websites or mobile applications, Supersonic automatically collects certain personal information such as: your IP address; browser type; operating system; mobile carrier; your ISP, URLs of sites from which you arrive or leave the Supersonic website and; mobile applications and sites that have embedded Supersonic platform technology. Through cookies and other technologies, we can recognise you as an existing or registered user of the Supersonic website and/or mobile application and are able to better service you as a result.

A cookie is generally a tiny data file that resides on your computer, mobile phone, or other device, and allows Supersonic to recognise you as a user when you return to the Supersonic online store website using the same computer and web browser.

There are different types of cookies. Here are two examples:

A "persistent" cookie - this cookie is set once you've logged on to a website. The next time you visit the website, the persistent cookie will allow the website to recognise you as an existing user or registered user, so you will not need to log in before using the services. However, if you wish to access or change any of your payment information (like a credit card number) or your registered information, you must log in securely again with your password, even if your computer contains a persistent cookie.

A "session" cookie - this cookie is used to identify a visit to a website. Session cookies expire after a short time or when you close your web browser.

You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the website.
The use of your personal information
To provide you, our customers and/or user, with the best online services, mobile applications, products and services, Supersonic will use your personal information to:
- Carry out a credit check if you're applying for a contract for services and, to assess your application.
- Validate that you are who you say you are by conducting a biometric verification process (upon application and at other times that your identification requires verification) which in some instances may not recognise your prints due to the nature of your day to day activities and is not therefore an indication that your biometric information has been inappropriately processed, and an alternative validation process will be applied.
- Process the goods and services you've bought from us, and keep you updated with your order progress.
- Provide the relevant service or product to you. This includes other services not included in your agreement with us, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product.
- Bill you for using our products or services.
- Protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use, so we can try and ensure the network can handle the volume at those times.
- Understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalise the products and services we offer you.
- Carry out research and statistical analysis to monitor how customers and/or users' use our network, products and services on an anonymous or personal basis.
- Conduct market research and perform statistical analyses of our customers and/or users' behaviour. By being aware of our customer’s and/or user's interest in and use of the various areas of the Supersonic websites, mobile applications, products and services for Supersonic to better serve our customers and/or users.
- Share information across Supersonic's different business units for processing to serve Supersonic's customers and/or users more efficiently such as, but not limited to, Credit Vetting Process, Direct Marketing Process and Customer Loyalty Processes.
- Share information with Supersonic third parties within our operations where we have an underlying contractual relationship with Supersonic third parties to provide the service to you;
- Prevent and detect fraud, information security and privacy incidents and other crimes, recover debts or trace those who owe us money.
- Send you promotional materials or details by SMS, e-mail, post or electronic communication provided you have given your consent for marketing from Supersonic.
- Let you know about other companies' products and services (including offers and discounts we've specially negotiated for our customers) that we think may interest you, if you've chosen to receive this information.
- Contact you in the event of a query and respond to any questions or concerns you may have about using our network, products or services.
- Act in accordance with circumstances prescribed by law.
The safeguards for your personal information
Maintaining the security of your personal information is important to Supersonic. Reasonable security safeguards have been implemented to protect your personal information. Supersonic uses various methods to protect your information such as:
- Encryption methods when transmitting payment information, such as your credit card information. An icon resembling a padlock is displayed on the bottom of most Internet browser windows during encrypted transactions.
- Access to your personal information on Supersonic websites, mobile applications, products and services will be password-protected.
- Sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Supersonic website and mobile applications.
- To protect any data, you store on our servers, Supersonic also regularly audits its systems for possible vulnerabilities and attacks.
- Supersonic maintains an Information Security Programme internally to ensure that your personal information is protected against unauthorised access, accidental loss or destruction.
Sharing of your personal information
We do share your personal information with third parties where it is necessary to perform certain functions to provide our services to you. Supersonic will only share customer information in the instances:
- where disclosure is made with the customer and/or user's consent; and
- where Supersonic is obliged to disclose information as required by law, without consent.
There may be circumstances where we are obliged to disclose your information by law and are prohibited from informing you when we have received a request for your personal information in relation to any suspected or alleged criminal activity.

In addition, third parties chosen by Supersonic are assessed to ensure that they handle our customer and/or user information securely. Third parties are companies which Supersonic employs to perform functions on behalf of Supersonic. Some of Supersonic third parties perform the following functions for Supersonic:
- Receiving payments, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing market assistance, providing search results and links (including paid listings and links), processing credit card payment, and providing customer service.
- By performing online service on Supersonic's websites, products and services.
These third parties have access to personal information needed to perform their functions, but may not use it for any other purposes that have not been clearly defined by Supersonic.

Supersonic shall not transfer your personal information to a country or territory outside of South Africa unless, that country or territory ensures an adequate level of protection of such personal information in relation to the processing of personal information as adopted within South Africa and unless, an agreement setting out the terms and conditions of securing the integrity and protection of data commensurate to South African legislation is concluded between Supersonic and the third party to which the personal information is transferred.

Similarly, this third party may not transfer your personal information to another third party within that country or territory for the purposes of their processing performing part of the third party’s service to Supersonic, without prior written authorisation from Supersonic. This will ensure that all authorised third parties apply the same level of data security and protection as Supersonic on your behalf.
Your Information Choices
1. Accessing and Changing Your Information
  You can review the personal information you provided to us and make any desired changes to the information you have provided. Please be aware that even after your request for a change is processed, Supersonic may, for a time, retain residual information about you in its backup and/or archival copies of its database.
  
  You can request this information through our Promotion of Access to Information Act No 2 of 2000 ("PAIA") processes. Please visit the Privacy Centre on our website to obtain a copy of our PAIA manual and application form.
2. Direct Marketing
  You have the right to choose whether you receive marketing material or not. By accepting or using our products and services, you are also agreeing to Supersonic sending you marketing material on related services, products and offerings provided from Supersonic from time to time. If you change your mind at any time, you are always able to opt out.
  
  We do comply with the direct marketing provisions of the Consumer Protection Act No 68 of 2008 ("CPA") and the regulations.
3. Deletion or destruction of your Information
  You may request that we delete and destroy any of your personal information provided that you have finalised your relationship with Supersonic. Supersonic will however retain and use your personal information for as long as is necessary to comply with our legal and business obligations, resolve disputes and enforce this Notice.
4. Your obligations
  As a customer and/or user, you have certain obligations. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace for Supersonic:
  - You must, always abide by the terms and conditions of this Customer Information Privacy Notice which may be updated from time to time and any agreement relating to Supersonic products and services that you have subscribed to. This includes respecting all intellectual property rights that may belong to third parties (such as trademarks or photographs).
  - You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, discriminates against people on the basis of gender and sexual orientation, threatens the rights and safety of others, or which may otherwise violate the purpose and spirit of Supersonic and its community of users on Supersonic websites and/or mobile applications.
  - You must not provide Supersonic with information that you believe might be false or misleading.
  - You must keep your username and password confidential and not share it with others.
Reporting incidents
Please let us know:
- If you believe your Supersonic website and/or mobile application account has been compromised.
- If you have been contacted by someone via email about your Supersonic websites, mobile applications, products and services account asking for a password, birth date or other personal information.
- If you believe your personal information has been used for fraudulent activity;
- If you are a member of the security community and need to report a technical vulnerability.
- If you have any other enquiry relating to information privacy and security.
Right to amend this Notice
Supersonic may, at any time, change this Notice by posting the amended Notice on www.supersonic.co.za. Unless otherwise stated, the current version will apply each time you access this website.
Date of Publishing
Last updated 20 May 2021

Supersonic Acceptable Use Policy

Introduction
Supersonic is committed to complying with legislation and ensuring all its Customers can use its network and the Internet without interference or harassment from other users. Supersonic’s Acceptable Use Policy ("AUP") is designed to help achieve these goals.

By using any of Supersonic’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. Supersonic reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at www.supersonic.co.za. Customer's use of Supersonic’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Scope of the AUP
The AUP applies to Supersonic services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, etc) or any other services provided over the Internet or wireless data networks (collectively "IP Services").
Prohibited Activities
1. General Prohibitions:
  Supersonic prohibits use of the IP Services in any way that is:
  1. unlawful, incitement to commit criminal acts, harmful to or interferes with use of Supersonic's network or systems, or the network of any other provider;
  2. interferes with the use or enjoyment of services received by others;
  3. infringes intellectual property rights;
  4. Results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
  5. constitutes abuse, a security risk or a violation of privacy.
  Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from a Supersonic-branded website or from a website that contains Supersonic-branded content is a violation of this AUP.
2. Unlawful Activities:
  IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.
3. Violation of Intellectual Property Rights:
  IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Supersonic or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
4. Threatening Material or Content:
  IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Supersonic provided web or content hosting, Supersonic reserves the right to decline to provide such services if the content is determined by Supersonic to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
5. Inappropriate Interaction with Minors:
  IP Services should not be used for the commission of an offence against a child or in way that would constitute or promote unlawful interaction with children.
6. Child Pornography:
  IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Supersonic at the following e-mail address: info@supersonic.co.za. Supersonic will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
7. Spam / E-mail Abuse:
  Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but are not limited to, the following activities:
  1. sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
  2. sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
  3. sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
  4. sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
  5. sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Supersonic network or of the networks with which Supersonic interconnects, by virtue of quantity, size or otherwise;
  6. using another site's mail server to relay mail without the express permission of that site;
  7. using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for purposes of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
  8. using IP addresses that the Customer does not have a right to use;
  9. collecting the responses from unsolicited electronic messages;
  10. maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
  11. sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
  12. using distribution lists containing addresses that include those who have opted out;
  13. sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
  14. falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
  15. using redirect links in unsolicited commercial e-mail to advertise a website or service;
  16. posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
  17. intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
  18. knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
  19. using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
Connectivity Services
Supersonic reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

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.

Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.

Unless you subscribe to a business package and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.

You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.

We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.

We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.

You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.

We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.

We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.
Security Violations
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Supersonic's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:
1. unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
2. hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
3. impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
4. using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
5. distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
6. knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
7. engaging in the transmission of pirated software;
8. with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
9. using manual or automated means to avoid any use limitations placed on the IP Services;
10. providing guidance, information or assistance with respect to causing damage or security breach to Supersonic's network or systems, or to the network of any other IP Service provider;
11. failure to take reasonable security precautions to help prevent violation(s) of this AUP.
Customer Responsibilities
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Supersonic has no responsibility for any material created on the Supersonic network or accessible using IP Services, including content provided on third-party websites linked to the Supersonic network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Supersonic of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP may result in Supersonic taking actions, which may either be a warning, a suspension or termination of Customer's IP Services. When reasonably possible, Supersonic may provide Customer with a notice of an AUP violation allowing the Customer to promptly correct such violation.

If the IP Services are used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.

Should you engage in any one or more of the above activities, which shall be determined in Supersonic's sole discretion and which decision shall be final, then Supersonic shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:
1. without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned;
2. terminate all agreements with you with immediate effect;
3. bill you for any costs incurred by Supersonic as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Supersonic's name or registered domain names and CPU cycles; and
4. disclose information relating to the offending activity as may be required under the circumstances.
Supersonic has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, Supersonic may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Supersonic network and its customers.
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a Supersonic Customer (or its user) should be directed to info@supersonic.co.za, include details that would assist Supersonic in investigating and resolving such complaint.

Take-Down Information

Supersonic has nominated ISPA as our agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act.

Internet Service Providers' Association (ISPA)

Address:	PO Box 518, Noordwyk, 1687
Telephone:	010 500 1200
Email:	takedown@ispa.org.za