These Terms and Conditions apply to any nominated school, clinic, library or qualifying institute that is approved by SADV (Proprietary) Limited (“SADV”) and Vumatel to receive free connectivity through the Konnect Kasi initiative.
For purposes of these Terms and Conditions, the approved nominated entity shall be referred to as the “Institute”.
These Terms and Conditions are provided for awareness purposes at the nomination stage. The person submitting the nomination is not accepting these Terms and Conditions on behalf of the nominated Institute. If the nominated Institute is approved, the Institute will be required to comply with the conditions set out below.
1) BACKGROUND AND PURPOSE
- SADV participates in Vumatel’s Free Fibre to Institutes programme under a Memorandum of Collaboration between SADV and Vumatel (“Vumatel Collaboration Memorandum”).
- The purpose of these Terms and Conditions is to regulate the provision by SADV, in collaboration with Vumatel, of free internet connectivity services to the Institute in support of educational outcomes, digital inclusion, community upliftment and access to essential online services.
- These Terms and Conditions do not create any payment obligation on the Institute.
- The provision of the service is conditional upon:
- The Institute meeting the applicable eligibility requirements;
- SADV and/or Vumatel approval;
- Network availability;
- Site readiness;
- The continued availability of Vumatel’s free connectivity programme for Institutes.
2) SERVICES
- SADV and/or Vumatel may provide the following to the Institute, free of charge:
- One uncapped internet service delivered over a fibre line, subject to network availability, technical feasibility and fair use;
- One router or related equipment supplied for use with the service (“Equipment”).
- The service is provided on a best-effort basis and neither SADV nor Vumatel warrants uninterrupted, error-free, fault-free or permanent operation.
- Installation:
- Installation will be scheduled subject to site readiness and access being provided by the Institute;
- The Institute shall provide a suitable and secure location for the Equipment;
- The Institute shall ensure continuous electrical power is available where required.
- Support and fault reporting:
- SADV may provide reasonable remote and/or on-site technical support relating to the connectivity service;
- Faults must be reported via SADV’s designated support channels;
- Resolution times are provided on a best-effort basis;
- Resolution may depend on third-party network operators, site access, network availability or other factors beyond SADV’s control.
- Service limitations:
- Performance may be affected by internal wiring, connected devices, electrical supply, user behaviour, network congestion or external network factors beyond the control of SADV and/or Vumatel.
3) TERM
- The service may continue for a maximum initial period of two years, or until Vumatel terminates its free fibre connectivity programme for Institutes, whichever occurs first.
- Upon expiry of the initial term, the service may continue on a month-to-month basis unless renewed, discontinued or terminated.
- SADV and/or Vumatel may elect not to continue the service after the initial term.
- Either SADV or the Institute may terminate the service on thirty days’ written notice during any month-to-month continuation period.
- Termination of the Vumatel Collaboration Memorandum or the relevant Vumatel free connectivity programme shall automatically terminate the service.
4) SADV OBLIGATIONS
- SADV shall, where applicable:
- Arrange installation and configuration of the fibre service and Equipment;
- Provide reasonable technical support relating to the connectivity service.
- SADV shall not be responsible for:
- Internal network infrastructure of the Institute;
- Devices connected to the service;
- Power failures;
- Vandalism, theft, negligence or misuse;
- Force majeure events;
- Faults caused by third-party network operators or other third-party service providers;
- Internet content accessed by users of the service.
5) INSTITUTE OBLIGATIONS
- The Institute shall:
- Use the service lawfully and for educational, administrative, community, healthcare or public-benefit purposes only, depending on the nature of the Institute;
- Provide reasonable access to SADV technicians, Vumatel representatives, contractors or authorised service providers where required;
- Safeguard the Equipment and keep it in good working order;
- Notify SADV of any faults, damage, loss, theft, misuse or suspected security breach without delay;
- Ensure that learners, staff, visitors, users and representatives use the service responsibly and in accordance with these Terms and Conditions.
- The Institute shall not:
- Resell the service;
- Redistribute the service;
- Commercially exploit the service;
- Use the service in any way that places SADV, Vumatel, the network, other users or regulatory compliance at risk.
6) MARKETING AND BRANDING
- The Institute acknowledges that SADV and/or Vumatel may request the right to:
- Install reasonable branding at the Institute;
- Reference the Institute in marketing material as a beneficiary of the programme;
- Conduct joint awareness initiatives, subject to the Institute’s policies.
- Permitted branding:
SADV and/or Vumatel may, with the Institute’s prior consent:- Install signage indicating that the Institute is connected through the SADV and Vumatel free Institutes connectivity initiative;
- Display SADV and/or Vumatel branding on or near the Equipment location where reasonably visible;
- Refer to the Institute in marketing materials as a beneficiary of the programme.
- All branding shall be appropriate for the Institute’s environment and comply with the Institute’s internal policies where applicable.
- Marketing activities:
SADV and/or Vumatel may request reasonable access to the Institute for:- Photographs of installed infrastructure;
- Joint awareness campaigns related to digital education or digital inclusion;
- Community, healthcare, educational or public-benefit outreach initiatives.
- No marketing or awareness activity should unreasonably disrupt the Institute’s normal operations.
- Use of images and personal information:
- SADV and/or Vumatel shall not publish images of learners, staff, patients, visitors or any personal information without the required prior written consent;
- Any use of personal information must comply with applicable data protection laws;
- Where required, the Institute shall obtain parental, guardian, patient, staff or other relevant consent for participation in any photographs, media activity or awareness initiative.
- Media engagement:
- Any media statements or press releases referring to the Institute should be coordinated in advance between the relevant parties;
- Neither SADV, Vumatel nor the Institute should make public statements that may reasonably harm the reputation of another party.
- Termination of branding rights:
- Upon termination of the service, SADV and/or Vumatel shall remove any installed branding within a reasonable period, unless otherwise agreed.
7) EQUIPMENT
- Any Equipment supplied for the service remains the property of SADV, Vumatel or the relevant equipment owner.
- The Institute shall take reasonable steps to protect the Equipment from:
- Loss;
- Theft;
- Damage;
- Misuse;
- Unauthorised access;
- Tampering.
- Upon termination of the service, the Institute may be required to return the Equipment in reasonable working condition, fair wear and tear excepted.
- SADV and/or the relevant equipment owner may recover the depreciated replacement value if the Equipment is lost or damaged due to negligence, misuse or failure by the Institute to take reasonable care.
8) ACCEPTABLE USE POLICY (AUP)
- Permitted use:
- The service may be used solely for lawful educational, administrative, community, healthcare or public-benefit activities of the Institute;
- The Institute is responsible for ensuring that learners, staff, visitors and users comply with this Acceptable Use Policy.
- Prohibited use:
The Institute and its users shall not:- Use the service for any unlawful purpose;
- Access, distribute, publish or store content that is offensive, obscene, defamatory, discriminatory or otherwise unlawful;
- Engage in hacking, malware distribution, phishing, denial-of-service attacks or any activity that compromises network security;
- Resell, redistribute or commercially exploit the service;
- Interfere with or disrupt the network or any other users’ access to the service;
- Use the service in any manner that places SADV, Vumatel, the network, systems, reputation or regulatory compliance at risk.
- Content responsibility:
- SADV and Vumatel do not monitor or control internet content accessed through the service;
- The Institute is responsible for implementing appropriate content filtering, access control, supervision and usage policies where required.
- Security:
- The Institute must take reasonable steps to protect the Equipment and network from unauthorised access;
- Any suspected security breach must be reported to SADV without delay.
- Breach of AUP:
- SADV may suspend or terminate the service on written notice if the Institute breaches this Acceptable Use Policy;
- Serious, unlawful or harmful misuse may result in immediate suspension or termination of the service.
9) TERMINATION
- Termination during the initial term:
The service may be terminated during the initial term in the following circumstances:- If Vumatel terminates or discontinues its free fibre connectivity programme for Institutes;
- If the Institute commits a material breach of these Terms and Conditions and fails to remedy the breach within thirty days of receiving written notice requiring it to do so;
- If performance becomes impossible due to circumstances beyond the reasonable control of the parties, including destruction of infrastructure, permanent closure of the Institute or force majeure events;
- If the parties mutually agree to terminate the service.
- SADV may terminate the service immediately on written notice if the Institute:
- Uses the service for unlawful purposes;
- Resells, redistributes or commercially exploits the service;
- Deliberately damages or misuses the Equipment;
- Engages in conduct that places SADV, Vumatel, the network or regulatory compliance at risk.
- Termination after the initial term:
- After the initial term, the service may be terminated on thirty days’ written notice.
- Consequences of termination:
Upon termination:- The service shall be disconnected;
- The Institute may be required to return the Equipment in reasonable working condition, fair wear and tear excepted;
- Any outstanding obligations that arose before termination shall remain enforceable.
10) LIMITATION OF LIABILITY
- To the maximum extent permitted by law, SADV and Vumatel shall not be liable for any indirect, consequential or economic loss, including:
- Loss of data;
- Loss of revenue;
- Business interruption;
- Operational disruption;
- Reputational loss.
- SADV and Vumatel shall not be liable for any harm arising from:
- Internet content accessed by users;
- Cybersecurity incidents beyond their reasonable control;
- Service interruptions caused by third parties;
- Power failures;
- Misuse of the service by the Institute or its users;
- Failure by the Institute to supervise, manage or control access to the service.
11) INDEMNITY
- The Institute may be required to indemnify SADV and/or Vumatel against claims arising from:
- Misuse of the service;
- Breach of these Terms and Conditions;
- Illegal activity conducted over the service;
- Damage to or misuse of the Equipment;
- Unauthorised, unlawful or harmful use of the service by the Institute’s users.
12) CONFIDENTIALITY
- Each party shall keep confidential any proprietary or confidential information obtained in connection with the service, unless disclosure is required by law or permitted in writing by the relevant party.
13) DATA PROTECTION
- Each party shall comply with the Protection of Personal Information Act, 2013 (“POPIA”) and any other applicable data protection laws.
- Personal information, images or identifying details of learners, staff, patients, visitors or other individuals shall not be published or used without the required consent.
- Where consent is required, the Institute shall be responsible for obtaining the necessary consent from the relevant individual, parent, guardian, patient, staff member or authorised representative.
14) FORCE MAJEURE
- Neither SADV, Vumatel nor the Institute shall be liable for failure to perform due to causes beyond reasonable control, including:
- Acts of God;
- War;
- Civil unrest;
- Infrastructure failure;
- Network outages;
- Natural disasters;
- Power failures;
- Labour disputes;
- Government action;
- Any other force majeure event.
15) GOVERNING LAW
- These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
16) ENTIRE TERMS
- These Terms and Conditions set out the general conditions applicable to approved nominated Institutes receiving free connectivity through the Konnect Kasi initiative.
- SADV and/or Vumatel may require additional documentation, approvals or confirmations before installation or activation of the service.
17) AMENDMENTS
- SADV may update these Terms and Conditions from time to time where required by programme rules, operational requirements, legal requirements, Vumatel requirements or network availability.
- Any material changes may be communicated to the Institute where reasonably required.
18) NOTICES
- Any service-related notices, support communications or programme updates may be delivered to the Institute using the contact details provided during the nomination, approval or onboarding process.
- The Institute is responsible for ensuring that its contact details remain accurate and up to date.
19) NO PARTNERSHIP
- Nothing in these Terms and Conditions creates a partnership, agency, employment relationship or joint venture between SADV, Vumatel and the Institute.
20) IMPORTANT NOTICE
- These Terms and Conditions are provided for awareness purposes at the nomination stage.
- The person submitting a nomination is not accepting these Terms and Conditions on behalf of the nominated Institute.
- If the nominated Institute is shortlisted and approved, SADV may contact the Institute directly to confirm eligibility, site readiness, service requirements and any additional conditions before installation or activation.
- Submission of a nomination does not guarantee approval, installation or activation of the service.
- Approval remains subject to SADV and/or Vumatel review, eligibility requirements, technical feasibility, network availability, site readiness, programme availability and applicable law.
