CODE OF CONDUCTIntroduction
In order to provide electronic communications services to its subscribers, Wanspot Wireless Networks (PTY) Ltd. (Wanspot), in terms of Wanspot's IECNS and IECS licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the: ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and ICASA End-User and Subscriber Service Charter Regulations 2016, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers. Wanspot has developed a Code of Conduct in line with these Regulations and will strive to follow this in its interactions with its Consumers. This Code of Conduct applies to Wanspot and all of its subsidiaries which operate in terms of its licences. The ICASA Code of Conduct Regulations 2008 are available here The ICASA End-user and Subscriber Service Charter Regulations are available hereDefinitions
“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa. “Business Hours” means 08h00–17h00 on Business Days. “Customer” means a subscriber or potential subscriber of Wanspot.Key Commitments
Wanspot makes the following key commitments and will endeavour to: Act in a fair, reasonable and responsible manner in all dealings with Customers; Ensure that all its services and products meet the specifications as contained in Wanspot’ licences and all the relevant laws and regulations; Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation; Display utmost courtesy and care when dealing with Customers; Provide Customers with information regarding services and pricing; Where requested to do, so provide Customers with guidance with regard to their service needs; and Keep the personal information of Customers confidential unless Wanspot is: In possession of written authorisation from the Customer to do so; Required to release such information for the purpose of briefing Wanspot’s auditors, professional advisors or an accredited debt collection agency; and/or Otherwise authorised or required by any law or an order of Court;
Customers have the right to refer Complaints to ICASA as more fully set out in the Complaints Procedure.Consumer Rights
The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by Consumers: A right to be provided with the required service without unfair discrimination; A right to choose the service provider of the Customer’s choice; A right to receive information in the Customer’s preferred language (Wanspot will do its best to meet this request where reasonable); A right to access and question records held by Wanspot which relate to the Customer’s relationship with Wanspot;
A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s express permission; A right to port a number in terms of applicable regulations; A right to lodge a complaint; and A right to redress.Availability of Information
The following information can be obtained from Wanspot by email request to email@example.com (with no charge payable), and is available for inspection at Wanspot’s offices during Business Hours: Wanspot’s range of services/products on offer; Tariff rates applicable to each service offered; Terms and conditions applicable to such services/products; Payment terms; Billing, billing processes and the Billing Disputes Procedure; General Complaints Procedure, and Relevant contact details.Billing
Wanspot will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer. Billing terms are also set out on Wanspot’s invoices.Defective Items
Where a product is defective, Wanspot will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.Application/Credit Vetting
Where applicable, Wanspot reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.Terms and Conditions of Service
Wanspot will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions thereof will be provided to the Customer within seven (7) Business Days.
These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination. Where Wanspot affects changes to the terms and conditions of its service, Wanspot will inform the Customer of such changes within a fair and reasonable period.Minimum Service Standards
Wanspot will, subject to events and conduct beyond its reasonable control: provide a minimum of 95% network service availability measured over six (6) months; provide a minimum of 95% service availability measured over six (6) months; attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days of request, while meeting the balance of requests within forty (40) Business Days of request; provide full reasons to the Customer where Wanspot is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same; attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) Business Days of request, provided that the applicant is within Wanspot’ specified coverage area; provide full reasons to the Customer where Wanspot is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request for same; maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault; respond within three (3) minutes (averaged over twelve months) to any call directed to the Wanspot call centre; monitor its network 24 hours a day, 7 days a week, 364/5 days a year. Customers acknowledge that Wanspot is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that Wanspot cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
TERMS and Conditions In this Agreement
“Capped ADSL & Wireless Service Subscribers” means services with a pre allocated allowed total data usage limit.
“CPE” means Customer Premises Equipment, including but not limited to the antennas and communication cards, all cabling, gateways and modems installed at a Subscriber’s Premises to send and / or receive a signal via a radio link and may include any other special equipment provided by the Service Provider to facilitate any future enhanced services to the Subscriber.
“Data” means a set of values of qualitative or quantitative variables; restated, pieces of data are individual pieces of information measured in bytes of electronic traffic and which may be indicated in aggregation volumes of kilobytes, megabytes, gigabytes and terabytes.
“ICASA” means The Independent Communications Authority of South Africa as established in terms of the ICASA Act 13 of 2000 as amended.
“POE device” means Power over Ethernet and is a device which connects to an external power source and then supply power to a secondary device or devices over a network cable to exclude the necessity for secondary device to directly connect to a conventional power outlet
“Service Provider” means Wanspot Wireless Networks (PTY) Ltd.
“The Service” means the internet access package and/or related services such as hosting and mailbox provision as requested and agreed upon by the Subscriber and provided by the Service Provider;
“Uncapped Shaped Services” means an uncapped internet service which may have certain limitations applied in the form of traffic type and/or port shaping as well as the throttling or thresholding of the connection speed based on certain periods and/or usage history.Termination
This Agreement may be terminated in the following ways:
By giving 30-day notice by email, fax or to the chosen domicile address for service of legal notices of the other party; At the discretion of the Service Provider in the event of the failure by the Subscriber to pay any monthly subscription or other fee or charge due to the Service Provider timeously; A material breach of these Terms and Conditions of Service or the Acceptable Use Policy (AUP) incorporated therein. Any service or order is subject to cancellation by the Service provider due to Acts of God, or from any cause beyond control of the Service Provider, including (without restricting this clause to these instances) inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.Increases in rates & refunds
The Service Provider reserves the right to increase applicable rates in the event of any increase in the cost of bandwidth or any other facility provided by an upstream service provider. The service provider will notify the Subscriber of such increase in writing, as soon as reasonably possible. The Service Provider reserves the right to amend subscription rates at its discretion and such amended rates shall be effective thirty days after notification of the amendment is communicated to the Subscriber. There will be no refunds of subscriptions already paid to the Service Provider, provided however that the Service Provider has provided the Service.No warranties
The Service Provider makes no warranties, express or implied, regarding the Service provided, including but not limited to the availability thereof or the correctness or suitability thereof for the purposes of the Subscriber. The service is provided “as is” and “as available”. Without limitation of the foregoing, the Subscriber expressly acknowledges that the Service Provider is reliant on service provision from third parties, the performance of which is beyond the Service provider’s control.Disclaimer and indemnity
To the fullest extent possible the Service Provider disclaims all responsibility or liability for any damages or loss howsoever arising, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use the Service in any manner or from reliance on the Service in any way. The service provider shall not be liable for any claims or damages arising from any deficiency of any nature whatsoever in the Service supplied due to factors outside their direct and reasonable control. This includes the actions of Third parties or indirect agencies that are not associated with the Service Provider or its employees or owners. This waiver of liability does not include the negligence on behalf of the Service Provider, its employees or agents. Users agree to indemnify and hold harmless the Service Provider, its members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or regarding this Agreement and/or the Subscriber’s use of or inability to use the Service. The Subscriber acknowledges that he/she remains solely responsible for his/her own security and privacy. Subscribers are strongly advised to install firewalls and anti-virus software for their own protection. The Service Provider accepts no responsibility for network downtime or any materials (ebooks, audio, video, pictures and software) downloaded using our network. Such materials may be copyrighted and use thereof without the copyright holder’s consent is illegal. Subscribers remain liable for any data usage. Subscribers are to take note that any device which can make a connection to the Subscriber’s network or any other Subscriber device connected to the Service Provider’s CPE, may result in data usage. Such devices include but are not limited to smart phones, smart TVs, DSTV decoders, tablets, PCs, notebooks, servers, Blue Ray players, security cameras or any other network/WiFi enabled devices. It remains the Subscriber’s responsibility to protect access to its network and data usage by setting up password and/or any other relevant protection. The Subscriber acknowledges and accepts that:
The Service and/or system is not wholly operated by the Service Provider. The availability and/or quality of the services may be affected by factors, including but not limited to, the system, the device and accessories used with the device, total of number of devices connected and using the Service, atmospheric conditions, radio frequency disturbances and other factors beyond the control of the Service Provider.
While the Service Provider will take all reasonable steps to ensure that the Service are provided in accordance with this agreement, the Service Provider cannot and does not guarantee or undertake that the Services will be provided at all times and accordingly the parties agree that the Service Provider will not be liable for any direct or indirect loss and/or damage of any nature whatsoever or howsoever arising that may be sustained by the Subscriber as a result of any faults or interruptions in provision of the Service.
Prohibition on sub-letting of the service provided The Subscriber may not cede, sub-let or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained using the Service. The Subscriber is prohibited from reselling the Service in any manner whatsoever.
Compliance with Acceptable Use Policy (AUP) The Subscriber hereby acknowledges that they have read and agreed to the provisions of the Service Provider’s Acceptable Use Policy and that a failure to observe such provisions may lead to the suspension and/or cancellation of this Agreement and the provision of Services. A copy of the AUP is available on the Service Providers website. The Subscriber hereby warrants and undertakes in favour of the Service Provider that the Subscriber: will not use or allow the Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Services; will only use the Service and/or the SIM card (if any) in accordance with the manufacturers’ instructions and for the purpose and in the manner for which it is intended.
will comply with all relevant legislation and regulations and all instructions issued by any governmental authority or by the global network operator(s) and/or wireless service operators, regarding the use of the Service and/or the SIM card (if any).will not act or omit to act or allow others to do so, in any way likely to damage, disrupt or interfere with the Service Provider’s network or system or cause the quality of the Service to be impaired or interrupted in any manner whatsoever.
Subscriber property and property supplied to the Service Provider will be retained at the Subscribers risk. The Service Provider will take all reasonable steps to exercise care, diligence and skill in managing and handling the property of the Subscriber. However, the Service Provider cannot be liable for damage incurred due to events and circumstances beyond their direct and reasonable control. It is the duty of the Subscriber to ensure that his property is adequately insured. the CPE must be used in accordance with the Service Provider or the manufacturer’s instructions, as the case may be.
will only use the CPE provided by the Service Provider and in doing so shall comply with any applicable legislative and/or regulatory obligations which may, from time to time be imposed, in relation to the use of CPE’s and the provision of Services, in addition to any directives issued to this extent by the Service Provider itself recognises that no right, title or interest in the software contained in the CPE, issued to the Subscriber, vests in the Subscriber will not, nor permit any third party, to reverse engineer, decompile, modify or tamper with the software contained in or pertaining to any CPEInvoicing and Payment
The Subscriber shall be liable for a once off installation fee as per quote from the Service Provider and this fee must be paid in full before any installation commences. If the Service Provider cannot connect the Subscriber to the Service Provider’s network due to any reason, the installation fee will be refunded in full The Subscriber expressly consents to receiving all invoices and other notices and notifications by electronic mail. The Subscriber must pay the service provider in advance for the Service rendered on or before the 1st day of each month. If payment has not been made by the 5th of each month, the Service Provider reserves the right to disconnect the Services for overdue accounts, while the Subscriber shall continue to be liable for the Service until the conditions of notice have been fulfilled. Debit payments may be processed to collect payments for previous months if they have not been collected yet. Alternate payment dates may be arranged and need to be confirmed in writing and signed by both parties. All Capped ADSL & Wireless Service Subscribers – Once the allowed data limit is reached the Service will be limited to only connect to the data usage summary webpage from where the Subscriber will have the option to load extra data to the Service by making use of the self-help functionality where available or order extra Data telephonically. Please note that extra Data is payable in advance, or via your debit order. Once extra data was successfully loaded, full access will be restored. The remainder of extra data caps which was purchased and not used will be rolled over to the next month. This does not apply to the normal data limit of the Service. Subscribers whom provide their own hardware for connecting to the Service Provider’s CPE will carry the cost associated with connecting, maintaining and setting-up of such devices. It remains the Subscriber’s responsibility to ensure all such hardware is ICASA approved. Capped ADSL & Wireless Service Subscribers who select to load extra data via any medium available, shall be liable for such data costs and will receive an invoice via electronic mail. The Service Provider’s system is setup to send the Subscriber an SMS and/or email message on the activation of extra data but the Service Provider cannot guarantee that the Subscriber will receive such message. It remains the responsibility of the Subscriber to manage their own data usage. All Services are billed in advance and a pro-rata amount may be due depending on the date when the installation is completed and the Service initiated.Data Volumes and Line Speed
Data usage will be calculated as a total sum of bytes send to and received from the internet by any device connecting through the Service Provider’s CPE at the Subscriber’s service location. Aggregation will be as follow: 1024 bytes = 1 kilobyte (KB) 1024 kilobytes = 1 megabyte (MB)
1024 megabytes = 1 gigabyte (GB)
1024 gigabytes = 1 terabyte (TB)
Line speed is indicated and calculated in bits per second (bps) and may be indicated in kbps (kilobits per second) or mbps (megabits per second). 1kbps = 1024 bps 1Mbps (1Meg line speed) = 1024 kbps (kilobits per second) Uncapped Shaped Services are intended for the implicit purpose of limiting certain types of network traffic and/or implementing limitations on connection speeds where applicable based on the Service usage over a certain period (the term may be revered to as thresholding or throttling) to provide an uncapped data allocation at a more affordable price.General provisions
Illegal use of any networking software or hardware to bypass the standard of the Service Provider’s configuration and regulation is strictly forbidden. Save as provided in clause 9(j), no variation of these terms and conditions will be binding on either party unless reduced to writing and signed by or on behalf of both parties. The parties hereby consent to the jurisdiction of any Magistrate’s Court having jurisdiction over their person in respect of any legal proceedings arising out of these Terms and Conditions and to the payment of all costs on an attorney-and-client scale including VAT, tracing fees and collection commission in respect of any legal proceedings instituted by the service provider pursuant to the entering into of this Agreement. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement. This Service Agreement and Terms and Conditions contain the record of the entire agreement between the Service Provider and the Subscriber. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor waiver of the right to enforce such provision. All CPE equipment that connects to the wireless network of the Service Provider must be and will remain the property of the Service Provider unless indicated otherwise, by the Service Provider, in the service Agreement. The Service Provider must have access to all CPE equipment connecting to its network at all reasonable times. All CPE equipment must be ICASA approved whether ownership resides with the Service Provider or the Subscriber. The Subscriber shall be responsible to comprehensively insure the CPE equipment which insurance shall include but not be limited to lighting, electrical surge, fire, theft, malicious or accidental damage. At termination of the Service, the Service Provider has the right to remove all CPE equipment leased to the Subscriber and/or belonging to the Service Provider, from the Subscriber’s property or installation address, and the Subscriber irrevocably agrees to the removal of such CPE equipment and has no right to claim ownership. Normal business day shall be from Monday to Friday 08:00 to 17:00 and exclude any public holiday. The Service Provider shall be entitled from time to time to issue in writing such reasonable instructions as it may deem to be necessary in respect of the use of the Service or be in the interest of safety or quality of service and the Subscriber shall be bound by all such reasonable written instructions which shall be deemed to form part of this Agreement. The Service Provider may, for the duration of the Agreement and at its sole discretion, upgrade and/or replace CPE installed at the Subscriber’s premises from time to time. Notices and domiciles / address for service of legal notices The parties choose as their domicile or address for any notices in terms of this Agreement, as reflected on the Application Form of which these terms and conditions form a part. Notices may also be given in the form of a data message (e-mail). Data messages, including e-mail messages, sent by either party to the other be deemed to be received only when acknowledged (read receipt) or responded to. Any notice sent by facsimile shall be deemed to have been received by the other party by close of business on the business day following the sending of the fax.Terms and Conditions.txt Displaying Code of Conduct.txt.
COMPLAINTS PROCEDURES Definitions
“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein. “Billing Dispute Notice” means a formal, written notice submitted to Wanspot by the Customer in terms of this Procedure. “Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Wanspot. including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa. “Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.
“Customer” means a Wanspot subscriber or potential subscriber.General Complaints Procedure
This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below. The Customer is required to direct a formal Complaint to firstname.lastname@example.org The Complaint is required to be accompanied by the following: The Customer’s full particulars and contact details; The Customer’s relationship with Wanspot, together with any customer reference numbers or details which may be applicable; A statement of the reasons for the Complaint, with enough detail to allow Wanspot to assess these; and Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint. Following the ICASA Code of Conduct Regulations, Wanspot will: Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.Billing Disputes Procedure General
Billing Enquiries should be directed to email@example.com and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above. The Customer expressly acknowledges and agreed that: Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Wanspot by the due date of that invoice; An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);
The Billing Disputes Procedure is only triggered when Wanspot receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 17; and Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to firstname.lastname@example.org. Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to email@example.com.Please note that Wanspot will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto. Customer Acknowledgements
The Customer expressly agrees to allow Wanspot to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Wanspot requires and Customer expressly agrees that Wanspot will be the first option in Billing Disputes. Should Wanspot receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Wanspot has been given a chance to resolve the Billing Dispute, then Wanspot has the right to collect on the rendered services and any fees associated with those charges. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Wanspot still retains the right to collect on any rendered services or fees that are due. Should Wanspot be unable to reverse any disputed amounts with a third party, credit card company or bank, Wanspot will submit the full delinquent amount for collection.Withholding the Disputed Amount
The Customer may only withhold payment of a Disputed Amount where Wanspot receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.Initiating Billing Disputes
A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.
The Customer is required to direct a formal Billing Dispute Notice to firstname.lastname@example.org.. The Billing Dispute Notice is required to be accompanied by the following: The Customer’s full particulars and contact details; The Customer’s relationship with Wanspot, together with any customer reference numbers or details which may be applicable;Invoice number and date;
The amount in dispute (“the Disputed Amount”); The amount not in dispute (“the Undisputed Amount”); A statement of the reasons for the Billing Dispute, with enough detail to allow Wanspot to assess these; and Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.Response to Billing Dispute Notice
In terms of the ICASA Code of Conduct Regulations, Wanspot will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number. Wanspot shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice. Wanspot may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Wanspot in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Wanspot. Wanspot will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms: A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary; A rejection of the Billing Dispute Notice on the basis that: The Billing Dispute Notice was not received by Wanspot within thirty (30) calendar days of the date of the relevant invoice, as required in clause 17; The Billing Dispute Notice does not contain all of the information required, as set out in clause 20, or was not submitted in the required manner, as set out in clause 19;
The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 17. Wanspot has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved; The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or Wanspot reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
Any alternate resolution that Wanspot deems appropriate.Response Implications
If stipulated in Wanspot’s response in terms of clause 24 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of Wanspot’s response. If stipulated under Company’s response in terms of clause 24 that Wanspot must withdraw the Disputed Amount or refund a fee already paid, Wanspot must as soon as practicable: Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Wanspot’s standard billing terms; or Credit any Disputed Amount already paid by the Customer.Continued Service Provision
Wanspot will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Wanspot has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously. Wanspot reserves the right, however, to take such measures mentioned in clause 27 immediately: Where a determination of the Billing Dispute has been made and communicated to the Customer; or Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.
Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Wanspot shall continue to have the right to terminate or suspend the service in accordance with Wanspot’ rights under the agreement that the Customer has with Wanspot.Confidentiality
Neither party shall use any information obtained from the other party during the course of any process invoked under the Billing Disputes Procedure for any purpose other than the resolution of the particular Billing Dispute.Referral of Complaints to ICASA
If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication. Please note that in terms of the ICASA Code of Conduct Regulations 2008, the Customer must give Wanspot an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA. ICASA can be contacted in the following ways: telephone: 011 566 3000; fax: 011 444 1919; and/or email: email@example.com