Terms and conditions

General Terms and Conditions
A. Acceptable Use Policy

All Brilliant Konnect customers will be subject to Brilliant Konnect acceptable use policy, whereby Brilliant Konnect 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 Brilliant Konnect web page.

2. Upgrades

2.1. Brilliant Konnect 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.

2.2. Existing Brilliant Konnect customers may upgrade their service to a package of the same spend or higher on the same bearer service at no additional charge.

2.3. The number of allowed upgrades within a period will be defined within each Product Specific Terms and Conditions.

3. Downgrades

3.1. 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.

3.2. The number of allowed downgrades within a period will be defined within each Product Specific Terms and Conditions.

4. Migrations

4.1. Bearer Service migrations

4.1.1. 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.

4.2. Product migrations on the same Bearer Service

4.2.1. Customers will not be allowed to migrate a product to another which has been discontinued or has reached end-of-life.

4.2.2. 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.

4.2.3. Customers will be able to migrate between products on the same bearer service in Brilliant Konnect Territories where Brilliant Konnect is able to offer the same bearer service from different infrastructure providers, for example in territories where Brilliant Konnect owned infrastructure and open access partner 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.

4.3. Physically moving a service

4.3.1. 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.

4.3.2. 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

5.1. 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 Brilliant Konnect upon cancellation, will be charged for in full at the prevailing retail price.

5.2. Customers are required to provide one calendar months’ notice in writing before cancelling the product and/or service.

B. 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 Brilliant Konnect broadband services. This is necessary to activate you as a customer on the Brilliant Konnect network.

2. Brilliant Konnect is obliged by law not to activate services on the Brilliant Konnect network if you have not complied with the RICA registration requirements.

3. If you change ownership to a third party, the purchased Brilliant Konnect service(s) is not transferable.

C. 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.

D. 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. Brilliant Konnect reserves the right to replace Equipment with refurbished units, which will be provided under existing warranty conditions.

E. Modification of Terms and Conditions

1. Brilliant Konnect reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. Brilliant Konnect

will under no circumstance be liable to you for any error, delay, failure or nonavailability of the service, and you indemnify Brilliant Konnect against any damage or loss you may sustain because of possession and/or use of, Brilliant Konnect 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. Brilliant Konnect 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.

F. 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, Brilliant Konnect will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):

1.1. if Brilliant Konnect does not supply or deliver any service on the required date or time; or

1.2. if the Brilliant Konnect network services are interrupted, suspended, or cancelled, for whatever reason; or

1.3. if Brilliant Konnect does not suspend the provision of the network services to you after you have specifically requested Brilliant Konnect to do so; or

1.4. if the loss or damage was caused by any negligent act or failure to act by Brilliant Konnect, its employees or agents; or

1.5. because of the use of any device supplied to you by Brilliant Konnect 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 Brilliant Konnect 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.

G. 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 Brilliant Konnect (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 Brilliant Konnect network.

3. You will be responsible for all products and services upon delivery. Accordingly, Brilliant Konnect takes no responsibility for any loss or damage of any of the contents of Brilliant Konnect 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 Brilliant Konnect to suspend the account credentials.