Terms & Conditions

1. General

• Upon delivery of the applicant's SIM, once activated, the application form together with these Terms and Conditions will become a binding contract/agreement for the duration of the contract period as indicated on the application, between Goldtel Industries (Pty) Ltd trading as LekkaNet ("LekkaNet") and the applicant ("the User").
• LekkaNet reserves the right to amend these offerings and Terms and Conditions, and is entitled to increase charges in proportion to the increase of charges for components of services by Network Operators.
• In addition to these Terms and Conditions, there are other specific terms and conditions that apply to services as indicated on the attached application.
• LTE/LTE-A/Fixed LTE Services may only be sold in predefined coverage areas, which require a coverage check with an associated feasibility ticket number. Services sold outside of coverage areas will result in the User receiving no or impaired service.
• All LTE/LTE-A/Fixed LTE services are sold as "Best Effort" with no Service Level Agreement (SLA), therefore upload and download throughput are not guaranteed. Mobile Networks reserve the right to throttle or shape the traffic of these services during network peak times.
• Hardware remains the property of LekkaNet unless otherwise indicated.
• Compatible devices are required for use on the LTE/LTE-A/Fixed LTE Networks, and are indicated on the applicable application.

2. Contract

• The User needs to sign the attached application form and voluntarily agree to all terms in all documents, which will become binding once the SIM is activated.
• The initial contract period will be indicated in the application, commencing when the SIM is activated on delivery.
• Unless LekkaNet provides otherwise, the contract will continue month-to-month once the initial contract ends, and the most recent product and service terms and conditions will apply.

3. Consent

• The User voluntarily consents to LekkaNet performing a general credit reference enquiry. LekkaNet will use the User's personal data strictly in accordance with the regulations promulgated in terms of Section 69 of the Electronic Communications Act, or the Protection of Personal Information Act, whichever is applicable.

4. RICA

Regulation of Interception of Communications and Provision of Communications-Related Information Act, 2008

• The User voluntarily agrees to comply with all applicable laws, including RICA. You are legally required to verify the User's identity in a face-to-face process when registering a SIM card with LekkaNet, and have to produce the following: an original identity document or passport of which a copy was submitted with the application, and proof of residential address as submitted with the application, not older than 3 months.
• If the User transfers or on-sells a SIM card to anyone other than a family member, then new documents must be created for the change of ownership, and both parties must produce an identity document and proof of residence.

5. Service

• Smart Broadband Wireless Services are offered as SIM only, or as a 24 month offering. 24 month offerings may include an LTE/LTE-A device as indicated on the attached application.
• LekkaNet reserves the right to throttle and/or shape the traffic of Smart Broadband Wireless products during network peak hours.
• Subscribers shall each month receive inclusive data allocations as indicated on the attached application.
• Inclusive monthly allocated data will be consumed first, and thereafter any remaining data bundle or once-off bundles carried over. Subscribers who deplete their inclusive data can buy/top up with once-off data bundles.

1. General

• Services are contracted with and provided by Goldtel Industries (Pty) Ltd trading as LekkaNet ("LekkaNet").
• All packages are applicable to residential customers only. Businesses can unfortunately not sign up for these services.
• Although we endeavour to keep our coverage data as accurate as possible, we are dependent on the maps provided to us by our last-mile partners, which may sometimes contain inaccuracies.
• Written landlord consent is required for installation at rented or leased properties.
• The resale of the Services or any part thereof is not permitted.
• Services may not be used for aggregation, i.e. one subscriber per service only. Services may not be used for backhauling.

2. Contract

• Contracts are fixed term contracts as indicated on each package on the application form.
• The initial contract period will commence when the service is activated.
• Unless LekkaNet provides otherwise, the contract will continue month to month when the initial contract ends, and the most recent product and service terms and conditions will apply unless the customer gives prior notice of cancellation as per the cancellation policy.

3. Cancellation policy

• The Customer or LekkaNet may terminate the Agreement, or a particular Service, by giving one (1) full calendar month's written notice. Customer notice is to be sent to admin@lekkanet.co.za.
• For example, if notice of cancellation is given on the 15th of July, the Service will terminate on 31 August.
• Because Services are paid for in advance, if notice of cancellation is submitted after 17:00 on the last working day of a particular calendar month, the notice will be deemed to have been submitted in the following calendar month, and the Service will terminate at the end of the calendar month after that. It is the Customer's responsibility to ensure that cancellation is submitted timeously.
• If a cancellation results in the termination of a service prior to the expiration date of a fixed term agreement, LekkaNet shall be entitled to levy a termination fee equal to the fees that would have become due and payable in respect of the balance of the contract term. If the Customer terminates a Service prior to it being activated, or prevents LekkaNet from activating the Service after it has been ordered, the Customer shall be liable for installation and other charges that LekkaNet is liable to pay the FNO.

4. Credit consent

• The User voluntarily consents to LekkaNet doing a General Credit Reference Enquiry. LekkaNet will use the User's personal data strictly in accordance with the regulations promulgated in terms of Section 69 of the ECA or the Protection of Personal Information Act, whichever is applicable.

5. The service

• "Contended" means that multiple users are sharing the same network capacity. Contention ratios are based on the individual design of the third-party fibre access network over which the LekkaNet service is delivered.
• "Unshaped" means that LekkaNet does not prioritise or differentiate between different classes of traffic.
• "Uncapped" has the meaning set out in the ISPA guideline on broadband terminology.
• This is a Best Effort service, which means no explicit service quality or uptime guarantee is provided and no Service Level Agreement (SLA) is provided. LekkaNet will in no event be liable for lost or interrupted data, messages or information transmitted to or from third party networks.
• LekkaNet will provide the Customer with contended, uncapped, unshaped access to the LekkaNet network via a fibre Circuit and a free to use CPE (Customer Premise Equipment) at the Customer's premises.

6. Equipment

• The free to use CPE, or Wi-Fi router as it is more commonly known, provided to the customer remains the property of LekkaNet and must be returned on cancellation of the service.
• In the event of failure of the CPE within the initial contract period, LekkaNet will repair or replace the CPE at its discretion, where such failure is covered by the warranty of the original equipment manufacturer. If the CPE is replaced, the Customer must return the original CPE to LekkaNet.
• After the initial contract period, the replacement and delivery cost of a CPE will be billable to the Customer.
• The Customer accepts liability for any costs incurred by LekkaNet as a result of repair or replacement of the CPE where the failure was caused by the Customer's use, misuse or changes to the CPE. LekkaNet will retain the configuration password for the CPE. Responsibility for the configuration of the Service and CPE lies with LekkaNet.

7. Installation

• Each FNO (Fibre Network Operator) defines its own standard installation.
• Standard installation includes up to 30 meters from the boundary box to the home.
• If a non-standard installation, re-installation or any move of equipment is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses necessary to install the Circuit. Any such costs shall either be charged by the relevant FNO directly to the Customer, or through LekkaNet, depending on the business model of the FNO. The installation and activation fees are determined by the FNO.
• Services offered by LekkaNet are all subject to a once-off set up and configuration or installation fee, which may be waived or subsidised as part of a promotional offer.
• If LekkaNet conditionally waives or subsidises those fees and the Customer terminates the subscription within twelve (12) months of activating the Service, the full installation or setup and configuration fee is payable as part of the termination fee. Termination fees will not be pro-rated.

8. Service relocation

• The part of the Service comprised of the physical fibre line (the Circuit) is provided to the specific installation address stipulated in the Subscriber Agreement, with a Circuit leased by LekkaNet from an FNO. Accordingly, the provision of the Circuit is not transferable to another premises.
• Relocation of the physical fibre line requires a new physical installation and/or setup and configuration by the FNO at the new installation address. LekkaNet will recover the costs associated with the relocation from the Customer.
• A request for the Service at new premises shall be subject to a feasibility study to determine whether a network operator has adequate fibre infrastructure to provide the Service at the new location.
• If no infrastructure is available at the new premises, the standard cancellation policy applies.

9. Support

• Services will be supported remotely via the LekkaNet call centre by sending support requests to support@lekkanet.co.za.
• Onsite support requests will be quoted for per instance and will be billable.

10. Security

• The Customer acknowledges that the logical and physical security in relation to the Services is the Customer's sole responsibility. LekkaNet will not be held liable for any losses arising out of security breaches of the Customer's Services.
• The replacement or repair cost due to theft or physical damage, including but not limited to lightning and power surge, of the CPE is the Customer's responsibility.

11. Upgrades and downgrades

• Services can be upgraded or downgraded during the contract period.
• LekkaNet will bill for the highest line speed used in the calendar month. No pro-rata split billing will be applied.
• Terminal equipment may reboot during the upgrade or downgrade process, which will result in downtime.

12. Invoicing and debit order collection

• Services are billed in advance each month.
• Invoicing will be done on the 25th or 26th of each month and payment is due by the end of the month, before the services are provided for the next month.
• Services will be suspended if payment is not received by the due date. Billing will continue until payment is received.
• Pro-rata billing will apply for the part of the first month during which the service was activated.
• Pro-rata and once-off charges will be collected at the end of the month of activation, together with the next full month's subscription.
• Only debit order payments are accepted for monthly subscriptions. Arrears payments can be made via EFT.