A. 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 MVMTECHZONE Proprietary Limited (referred to as "MVM-Techzone") will have towards Customers and other persons.
B. These Terms and Conditions also limit and exclude Customers rights and remedies against MVM-Techzone and place various risks, liabilities, obligations and legal responsibilities on Customers.
C. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and MVM-Techzone may also have claims and other rights against Customers.
D. 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.
E. The Customer must read these Terms and Conditions. Utilization of the MVM-Techzone Fixed-LTE Services (MVM-Techzone F-LTE) will constitute as agreement to comply with these Terms and Conditions.
1. Introduction
1.1. The MVM-Teczone F-LTE service is a residential fixed broadband service utilizing LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
1.2. MVM-Techzone F-LTE is a fixed broadband service that will be offered as a stand-alone product to MVM-Techzone Customers who reside within MTN Fixed-LTE coverage areas.
1.3. The MVM-Techzone F-LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
1.4. MVM-Techzone F-LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
1.5. MVM-Techzone F-LTE service does not support traditional mobile voice, SMS and USSD services.
1.6. The MVM-Techzone F-LTE service makes use of Axxess private APN (ws.axxess.fwa) which the Customer may need to manually configure on to the router.
1.7. MVM-Techzone can only provide F-LTE services in an area where there is MTN SA Fixed LTE coverage.
1.8. The provision of the MVM-Techzone F-LTE service is subject to the verification of the coverage after the order has been placed with MVM-Techzone
1.9. In addition to these Terms and Conditions, the use of MVM-Techzone F-LTE is subject to the following:
(a) MVM-Techzone General Terms and Conditions
(b) MVM-Techzone Privacy Policy
(c) MVM-Techzone Acceptable Use Policy;
(d) Terms and Conditions applicable to a specific promotion.
(e) The abovementioned terms and conditions, and policies are available and accessible on https:mvmtechzone.co.za/flte-a-terms-conditions/.
1.10. This MVM-Techzone F-LTE offer will available from the 1st of September 2021 and until MVM-Techzone in its sole and absolute discretion elects to discontinue the service.
2. What the Price Plan entails
2.1. The MVM-Techzone F-LTE service is offered as Home Uncapped data product, and MVM-Techzone will not allow any Out-Of-Bundle data usage or charging.
2.2. The Uncapped Price plans will be only available in areas that have F-LTE network coverage and network capacity.
2.3. The Uncapped FLTE Price plans are Speed Based with tired speeds of 20Mbps, 50Mbps, 100Mbps. The uncapped data comes with a Fair Use Policy (FUP) based on the Uncapped Price plan selected
2.4. The Uncapped Price plans are Fixed Uncapped F-LTE data price plans, a compatible device is required and locked to the customers’ physical residential address.
2.5. Once the Home Uncapped F-LTE Price plans have reached their Fair Use Policy (FUP) they will be Rate Limited (either 2Mbps or 1Mbps, based on the price plan selected) till their next month’s re-provisioning.
2.6. The MVM-Techzone Home Uncapped F-LTE Price plans are Location Locked (Geo Locking) to the residential address captured at Point of Sale (POS).
2.7. The MVM-Techzone Home Uncapped F-LTE Price plans are Device and SIM Locked, only compatible data devices will be allowed.
2.8. MVM-Techzone can only allow devices which have been network approved by MTN for the F-LTE services. This range of devices includes: Huawei B525, Huawei B535, Huawei B612, Huawei B618, ZTE MF286, ZYXEL LTE7460, Mikrotik Chateau LTE12, TP-LINK Archer MR600
3. Placing of Orders
3.1. 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 MVM-Techzone F-LTE Account being activated.
3.2. 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.
3.3. MVM-Techzone 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 MVM-Techzone has received the RICA documents from the RICA officer.
3.4. SIM cards will be locked to a MVM-Techzone approved range of devices. If other devices are used, those devices will not be recognized by or register on the MVM-Techzone F-LTE network.
3.5. SIM cards will be locked to the location for which the application was placed and will not register to the MVM-Techzone F-LTE network if used in a different location.
3.6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
4. Service Activation
4.1. 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 MVM-Techzone F-LTE Account being activated.
4.2. 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.
4.3. MVM-Techzone 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 MVM-Techzone has received the RICA documents from the RICA officer.
4.4. SIM cards will be locked to a MVM-Techzone approved range of devices. If other devices are used, those devices will not be recognised by or register on the MVM-Techzone F-LTE network.
4.5. SIM cards will be locked to the location for which the application was placed and will not register to the MVM-Techzone F-LTE network if used in a different location.
4.6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
5. Contract Commencement and Duration
5.1. The MVM-Techzone F-LTE contract commences on the date of activation.
5.2. The MVM-Techzone F-LTE SIM-only contract will remain in force on a month to month basis until terminated by either party.
5.3. All MVM-Techzone F-LTE packages are charged pro-rata. So, if you sign up for a capped service halfway through the month then you will pay half the monthly fee and receive half the data for the rest of the month.
6. Installation, Equipment and Connectivity
6.1. The customer has the option to buy an approved router directly from MVM-Techzone or from a South African retailer. The device needs to be unlocked for use on the MTN-SA network and approved by the Independent Communications Authority of South Africa (ICASA)
6.2. The delivery and SIM card will be provided free of charge.
6.3. In the event of damage or loss of a SIM card, the Customer has a statutory obligation to report this to MVM-Techzone immediately, and to request the service provider to suspend such SIM Card.
6.4. Equipment supplied by MVM-Techzone carries a warranty for defects for a period of 12 (twelve) months.
6.5. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
6.6. If equipment supplied by MVM-Techzone becomes defective:
(a). The Customer must return the equipment to MVM-Techzone.
(b). MVM-Techzone will have the equipment repaired or replaced.
6.7. MVM-Techzone reserves the right to replace equipment with refurbished equipment.
6.8. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
6.9. MVM-Techzone will not perform any SIM-swaps
6.10. The SIM and Device will be delivered within 7 business days, provided payment has cleared. Once delivered please allow up to 24 hours from the time the SIM Card is inserted for the data to be allocated. Please note that the purchase of the MTN LTE service is subject to RICA and you will be required to provide certain documentation on delivery of the device, the requirements will be communicated to you.
7. Billing and Payment
7.1. We don't like contracts. Which is why our Fixed LTE services are offered on a month-to-month basis.
7.2. MVM-Techzone will bill the Customer for monthly subscription charges in advance from the time the service has been activated.
7.3. Where a MVM-Techzone F-LTE Account is activated before the start of the next billing cycle, the Customer will be liable for pro-rated subscription charges, will be allocated a pro-rated volume of data.
7.4. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
7.5. The Customer must pay amounts due into MVM-Techzone’s bank account within 2 (two) business days of the invoice date for placing order.
7.6. If a Customer pays by debit order or other electronic means, his/her bank or third party is his/her agent. The Customers carries the risk of payment until MVM-Techzone receives payment into their account.
7.7. MVM-Techzone reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions.
7.8. Where 2 consecutive debit orders are unsuccessful, MVM-Techzone reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
8. Suspension Rules
8.1. MVM-Techzone reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if MVM-Techzone has not received payment in full.
8.2. Where a Customer’s has been suspended, he will not have access to the internet until full payment received.
8.3. A suspended MVM-Techzone F-LTE Account may be reactivated subject to payment of the full outstanding amounts due.
9. Upgrade and Downgrade Rules
9.1. Customers have the option to upgrade or downgrade anytime for the next month, but immediate upgrade may carry additional costs.
9.2. The Customer will need to notify MVM-Techzone in writing of upgrade or downgrade requests by the 20th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
9.3. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
10. Relocation Rules
10.1. If a Customer changes their physical location from an area with F-LTE coverage to another with F-LTE coverage, MVM-Techzone will require an update of location in the register used for location locking on the network.
10.2. Customers will be required to notify MVM-Techzone of the intention to move 30-days before moving, and MVM-Techzone will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
10.3. Where a Customers changes locations to an area that does not have F-LTE coverage, he/she must cancel the contract.
11. Cancellation Rules
11.1. The Customer may cancel MVM-Techzone F-LTE at any time by giving MVM-Techzone notice of one calendar month.
11.2. The notice must be communicated via e-mail to cancellations@mvmtechzone.co.za.
11.3. Since F-LTE is a prepaid service, cancellation will carry zero charges.
12. Transfer and Change of Ownership
12.1. The MVM-Techzone F-LTE Price Plan is not transferable
12.2. The SIM card together with the service applied belongs the customer who was captured during RICA process.
13. Service: Interruptions and Support
13.1. Due to the nature of the mobile network, MVM-Techzone makes no guarantees on service quality and availability.
13.2. MVM-Techzone will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
13.3. The Customer is ultimately responsible for his/her use of the MVM-Techzone F-LTE service from the activation of the services. Therefore, MVM-Techzone, will not be held liable for any loss or damage that results from the use of the services.
13.4. MVM-Techzone reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where MVM-Techzone suspects abuse of its network, MVM-Techzone 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.
13.5. The MVM-Techzone support centre is available on 010 213 4016 or WhatsApp 079 766 5272 during the following time periods:
(a) Weekdays between 8AM and 6PM; and
(b) Weekends and public holidays between 8Am and 12PM.
13.6. Where a call out can be attributed to a fault caused by the Customer, the Customer will be charged a call out fee.
14. Changes to the Service and, Terms and Conditions
14.1. MVM-Techzone reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
14.2. MVM-Techzone reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice to the customer.
14.3. The Customer must visit MVM-Techzone website regularly for notices, updates and/or changes to products and services.
14.4. As changes will be posted on the MVM-Techzone website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
15. Limitation of Liability
15.1. Subject to a fixed limit, MVM-Techzone only accepts liability for direct loss or damages suffered by the Customer, for which MVM-Techzone is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
(a) MVM-Techzone’s failure to supply or deliver equipment or services on the required date and/or time.
(b) The suspension, interruption or cancellation of MVM-Techzone F-LTE through no negligent or failure by MVM-Techzone (and its representatives and agents).
(c) The legal suspension of the Customer’s MVM-Techzone F-LTE.
(d) Any acts or omissions by MVM-Techzone and its representatives or agents, that are beyond its control.
(e) The Customer’s use of any equipment supplied to him/her by MVM-Techzone.
15.2. MVM-Techzone’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 MVM-Techzone F-LTE contract.
16. Complaints Handling Procedure
16.1. MVM-Techzone has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
16.2. Complaints can be communicated via email to complaints@mvmtechzone.co.za.
16.3. MVM-Techzone will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
16.4. MVM-Techzone will investigate and provide feedback on the complaint within 14 calendars days.
16.5. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
(a) The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
(b) The Independent Communications Authority to South Africa (ICASA) on icasa.org.za.