AlwaysOn Subscriptions Product Terms and Conditions

These terms and conditions, together with the General Terms govern the use of all of the AlwaysOn services, under the AlwaysOn Wi-Fi Hotspot Terms and Conditions

1. The Product

AlwaysOn will provide The Client with Wi-Fi connectivity at any AlwaysOn or partnered hotspot in South Africa or Internationally.
The Client will receive purchased package bandwidth in South Africa, and the same allocation to use at international hotspots where AlwaysOn has roaming agreements.
The Client will pay AlwaysOn each month, on a month-to-month basis for this Wi-Fi bandwidth. The price at which the client accepts the agreement will be valid for up to 12 months from date of signup.
This bandwidth is offered on a promotional basis, and may be withdrawn from the market or changed at any time and at AlwaysOn’s discretion.
If The Client does not cancel the service, it will endure on a month-to-month basis until cancellation is received by AlwaysOn.
The Client may cancel this service at any time and without contractual penalty.
Hereafter, the above services will be referred to as “The Product”.

2. Allocated Bandwidth

The Client agrees that they remain solely responsible for ensuring that they do not exceed their allocated bandwidth during any applicable period.

3. Rollover of Bandwidth

Please note that the rollover of unused bandwidth is not available with The Product.

4. "Top-up” of Bandwidth

If The Client utilizes all of the purchased bandwidth or reach their data cap, The Client will be hard-capped. This means that no further access will be provided thereafter. A “Top Up” may be subject to different commercial terms and conditions. Any pricing or promotions applicable to The Product may not necessarily apply to the Top Up bandwidth.

5. Concurrent Connections

AlwaysOn will allow up to 1 connection for each Product.

6. Duration and Termination

The Product will endure on a month-to-month basis from the start date of this agreement. The Client may cancel at any time during this term, without penalty.

Debit order purchases: It is The Client’s responsibility to cancel a debit order at least 7 business days before the 28th. Any cancellations after this date will be handled in the following month. In the case where the client did not utilise The Product, no refund will be made for the month(s) in which the product was not used.

The Client must give notice of termination to AlwaysOn.
Cancellation of any Service is the Client’s responsibility.
The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process.
Should the Client incorrectly complete the cancellation process, AlwaysOn will not be liable for any additional costs or compensation due to the error.
Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
The Client acknowledges that AlwaysOn may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.

7. Payment and Terms

AlwaysOn only accepts Debit payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at AlwaysOn's discretion.
The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Credit Card Payments.
AlwaysOn will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
Any irregularity regarding payment which results in non-payment may result in immediate suspension of Services (which may not be limited to the particular Service in question).
AlwaysOn retains the right to suspend The Product for non-payment, and to withhold The Product until all arrears are settled in full on any and all products and Services.
AlwaysOn reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
If The Client’s Services are terminated for any reason, including non-payment, AlwaysOn may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. AlwaysOn may charge multiple reconnections Fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice AlwaysOn's right to enforce such penalties in full at any time (within their discretion).
Reconnection of Services may be subject to a waiting period of up to 72 hours, at AlwaysOn’s discretion, regardless of when payment is received or cleared. In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at AlwaysOn’s discretion. AlwaysOn reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at AlwaysOn’s discretion and may vary. The means and terms of termination will be determined at AlwaysOn’s discretion. Notice of termination will be provided to the best of AlwaysOn’s ability, but AlwaysOn will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
Unless otherwise agreed:
• Billing will commence on the date that The Product commences. Partial months will not be charged pro rata.
• The Product will be billed in advance and all invoices must be paid by The Client in advance.
• All Fees and other amounts payable are quoted inclusive of VAT.
• An activation fee of R 50.00 plus outstanding payments will be charged if an account with a failed debit order needs to be reactivated.
Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
• The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
• The prime overdraft rate will be as charged by AlwaysOn’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
• The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.

8. Debit Order Authorisation

By accepting these terms, Clients hereby authorize AlwaysOn to debit their nominated bank account or credit card any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).
This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
The Client authorises AlwaysOn's nominated agent to debit their account or card on AlwaysOn's behalf. The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
The Client agrees that the party hereby authorized to debit their bank account or credit card may not cede or assign any of its rights and that the Client may not cede any of their obligations in terms of this debit order instruction to any third party without prior written consent of the authorized party.

9. Client’s Commitments

The Client confirms that all statements made to AlwaysOn are true and correct. AlwaysOn reserves the right to request proof of any facts or claims. The Client also commits to providing AlwaysOn with necessary information required in the provision of The Product, and (where applicable) consents to the use or sharing of this information with 3rd parties to comply with regulatory conditions within the guidelines of applicable privacy legislation.
AlwaysOn reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of The Product.
The Client (or the Client's agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
AlwaysOn’s website and attached system are designed to facilitate reasonable use of the AlwaysOn products and Services. AlwaysOn reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes.
AlwaysOn reserves the right to deem an activity as "unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
This Agreement or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to AlwaysOn or its staff, AlwaysOn reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

10. Terms Subject to Change

AlwaysOn may amend the General Terms and Service Terms at any time
The amended versions will be posted on the Product Website.
The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the AlwaysOn website on a regular basis.
AlwaysOn must give at least one calendar months’ notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.

11. Disclaimer and Limitation of Liability

AlwaysOn accepts no liability for any loss or damage to the property or equipment of The Client arising out of the provision of The Product.
Application for, use of and subscription The Product are at the sole risk of The Client or applicant.
The Client is solely responsible for all actions authenticated by credentials associated with their account(s).
AlwaysOn accepts no liability for any loss or damage suffered by Clients as a result of unauthorised use of The Client’s credentials.
The provision of the The Product is subject to:
• The availability of upstream and network services;
• Network availability;
• Distance of the applicant from the local exchange;
• Copper quality as provided by Telkom; and
• Line sync speed limitations as may be applied or incurred through Telkom

11. Winter Promotion 6GB (3GB + 3GB) R47 Terms of Use

• Deal price will only be available for 12 Months from date of signup. No extensions permissible;
• Deal is only available via debit order;
• User receives 3GB data for use on South African Hotspots and 3 GB of data to use at hotspots outside of South Africa;
• Data is not transferable;
• No data carry over, data allocation will expire at month end;
• AlwaysOn can cancel the promotion at any point on its own discretion;