BizWisp is a business division of Zwavelpoort Trading (Pty) Ltd. As such the agreement is conducted between the customer and Zwavelpoort Trading (Pty) Ltd.
Personal information we collect
We collect personal information in order to deliver the services to you. The information we collect includes:
- Customer Name
- Customer Address
- Customer Telephone number
- Customer Email address
- Billing information related to the billed entity
All information is protected in accordance with GDPR regulations.
Services are offered on a month-to-month basis with the requirement to provide a calendar month's notice of change. This holds true for any cancellations
To enable the service, Customer Premises Equipment (CPE) is required depending on the carrier technology supporting the service.
If you have existing equipment, there is a good chance that we may be able to re-use such equipment, saving you from the purchase of redundant equipment. Equipment is supplied inclusive of our installation service unless otherwise specified. We offer affordable financing options should it be required.
For wiFi connectivity, we provide the following equipment as standard:
Ubiquity airMax PowerBeam or similar - Last mile connectivity or based on requirement based on the distance from the base station.
Ubiquity airCube WiFi Router - Internal WiFi access in the building.
Mikrotik LHG LTE6 Router - Last Mile connectivity and
Ubiquity airMax WiFi Router - Internal WiFi access in the building or
Mikrotik audience LTE6 - Home router solution with integrated WiFi access point or
Mikrotik Chateau LTE 6 - Home router with integrated WiFi access point
Installation will be done in accordance with a site inspection to be carried out beforehand. Installation will be carried out at an agreed time. During the installation, the installation team will require access to the property where the installation will take place. The customer needs to ensure that the property is accessible during the installation.
Payment is due in advance on the first business day of every month.
If payment is not received by the 5th of each month, the service will be terminated.
If payment is not received by the 7th of the month, the user’s account will be terminated and the user will be unable to use the management portal to administer his account.
To reactivate the service, a reconnection charge will be levied.
All CPE equipment carries a capital cost if procured through us and needs to be paid for upfront. A quote will be issued for equipment cost.
In case you exercise an option to pay for the equipment over time using any of the other options, the first payment is due upfront.
Should the agreement be terminated before the agreed duration, the outstanding equipment balance for the remainder of the duration will be payable, and for the rental option the equipment will be removed by BizWisp.
Equipment financing is available on request. Once the finance agreement has been signed, the equipment ownership is administered according to the terms and conditions of the financing agreement between the customer and the financier. Financing may be subject to a credit check and Terms and Conditions separate from these Terms and Conditions.
In the event that a user’s account has been disabled due to non-payment, a service charge of R750 will be levied to reactivate the account.
Fair Useage Policy (FUP)
Fair use policy is dependent
on the service subscription. It is the responsibility of the user to
understand the Fair Use Policy of each product.
In general, the service level for products with a FUP will be affected based on the defined data consumption volume as determined by the service description.
FUP will be applied in two ways:
- By affecting the speed at which data can be consumed as outlined by the service description.
- By interrupting the service at the agreed data consumption volume.
Top-ups are data packages that can be procured on an ad-hoc basis in the event that the user would like to lift the limitation imposed on the service by the FUP.
Top-up packages are defined based on predefined data volumes and will be in effect until the defined data volume for the top-up has been consumed in which case, the FUP related to the monthly service will be imposed again.
The service provided to the user is described as part of the service description.
The customer is responsible for his own service usage. Service consumption and usage is measured using industry standard tools and as such the customer undertakes to accept the measurements as being accurate as reported by us.
Subscription services are provided on a month-to-month basis with payment in advance. The user can request service termination by providing a 1 month’s written notice to BizWisp.
The predefined data volume is valid for the current period of subscription. For data packages which carries a data volume limit, any unused data which has not been consumed during the current month, will be rolled over to the following month. This is valid for both normal subscribed data packages and top-up packages.
Unused data which has been rolled over in this way will expire at the end of the following month.
Night time hours are from 00h00 to 05h30 and 23h00 to 24h00 on weekdays. Data packages make use of night time hours based on the data package definition.
After-hours are from 00h00 - 05h30 and 23h00 to 23h00 on weekdays. Data packages make use of after-hours based on the package definition.
Weekends are defined to be the two days spanning Saturday and Sunday from 00h00 to 23h59 on these days respectively.
BizWisp will roll out new services as part of its service portfolio. Their new services will normally be available for new subscribers or, on request, to existing customers. However, BizWisp will have the right to implement changes to existing services where required.
The quality of the radio signal will always determine the user experience. We determine the signal viability before sign-up.
Signal quality will be impacted by obstructions such as trees and overgrowth inhibiting the path of the line-of-sight signal. It is the customer’s responsibility to ensure that the line-of-site path in the direction of the directional antenna is kept clear of obstacles as far as it is under his control.
Impact to others
The signal quality from one customer may impact the experience of another customer. We will always attempt to remedy any signal quality issues, but in extreme cases, it may be required to disconnect a weak signal in order to protect other customers.
Electrical equipment is prone to lightning damage. It is advisable to insure equipment against lightning damage. In case of lightning damage, new equipment will be sold to the customer at the prevailing price.
Each customer will be issued with a user account which can be used to authenticate in the customer portal in order to administer, monitor and manage his own account. The authentication information remains the sole responsibility of the customer.
A customer account is used for the provisioning of the service. Unless otherwise agreed, any unauthorised use of the customer account to provide access to a third party is explicitly prohibited and will result in immediate termination of the account.
Our mission is to give customers the best experience.
Automated services makes it a breeze to work with us.
This section outlines the Terms and Conditions we expect our customers to sign when joining our network.
Terms and Conditions for Ser vices
This Subscriber Agreement (The Agreement) is made between Rhe Subscriber and Zwavelpoort Trading (Pty) Ltd t/a BizWisp, hereafter referred to as BizWisp, for the provision and use of Internet access acording to the spesific plan. Now therefore, in consideration of the mutual promises and covenants herein contained, the adequacy of which is hereby acknowledged, and intending to be legally bound, Subscriber and BizWisp hereby agree as follows:
The Subscriber agrees to be bound by this Agreement and to use the Service in compliance with the of this Agreement and within BizWisp's Acceptable Usage Policy.
The Subscriber hereby confirms that he/she is of age, and of sound mind and eligable through legislation to enter into this agreement. The subscriber will be responsible for payment and management of the Subscriber account. The Subscriber shall pay all fees, taxes, charges and other expenses related to the service rendered.
SUBSCRIBER ACKNOWLEDGEMENTS REGARDING THE SERVICE.
- The Service consists of an internet connection over a medium as spesified by the service. While BizWisp will undertake all reasonable commercial efforts to deliver the stated service, the Subscriber acknowledges that service speed can vary depending on distance, Internet traffic and other factors beyond the control of BizWisp. The Service may contain material that is unsuitable for minors and The Subscriber takes full responsibility of the content viewed over the link provided.
- The Subscriber acknowledges that in order to provide the Service, BizWisp has contracted with communications and network operators for internet access. The Subscriber further acknowledges that BizWisp will only provide uninterruptible continuous Service to The Subscriber pursuant to this Agreement to the extent which BizWisp receives such service from linked communications and network operators.
- The Subscriber acknowledges and agrees that from time to time BizWisp may be required to temporarily suspend the Service to subscriber to verify compliance with applicable licenses, authorizations, and compliance with the technical and operating parameters of the network. Under such circumstances BizWisp will use all reasonable efforts to minimize disruption to the Service including making reasonable efforts that any such suspension take place out of normal business hours.
- The Subscriber accepts that BizWisp may change or withdraw any element of the Service from time to time and will use all reasonable efforts to notify Subscriber of any necessary change in the Services.
The Subscriber acknowledges that the Service is an always open connection to the internet while the equipment is powered on and that it is Subscriber's SOLE RESPONSIBILITY to install, configure and maintain suitable security measures to protect The Subscriber's computer and equipment from unauthorised or malicious access from the internet. Any advice or equipment provided by BizWisp is provided as is and BizWisp accepts no responsibility or liability for the security of Subscriber's systems
- Services are dependent on spesific equipment on the customer's premises. According the the plan definition, equipment can be leased, financed or bought from BizWisp.
- In the event of equipment being leased or financed, the equipment remains the property of BizWisp until the contractual time period has expired.
- The Subscriber agrees to use the Equipment in accordance with BizWisp's instructions and to restrict access to the Equipment to only those representatives and agents authorized by BizWisp. (d) The Subscriber agrees to take reasonable steps to protect the Equipment from damage, loss or theft.
- The Subscriber agrees to notify BizWisp as soon as reasonably possible once he becomes aware of any damage to the equipment or defect in the operation of the equipment by telephoning or emailing BizWisp at the numbers or addresses published from time to time, or firstname.lastname@example.org.
- On termination or cancellation of the Service Contract for any reason whatsoever, it is the responsibility of the Subscriber to return all equipment, for which ownership is not vested in the Subscriber, within 14 days of termination by, in good condition and suitably packaged. Failure to do so will generate an automatic equipment fee of R5 500 including VAT which will be demanded from The Subscriber's account.
- The duration of the agreement is as per definition by your price plan rules, and shall automatically renew for subsequent month term, until terminated in accordance with this Agreement and the price plan.
- Should The Subscriber terminate this agreement for any reason during the initial term, a cancellation fee equal the remainder of the contract term will become immediately due, and The Subscriber acknowledges and agrees to pay such fee and return any equipment provided.
- The Subscriber may upgrade the service at any time to a higher service and accepts that a new contract applies from the date the upgrade is applied.
- BizWisp may in its sole discretion terminate this Agreement at any time. In the event that BizWisp terminates this Agreement for reasons other than breach of this Agreement by the Subscriber, then BizWisp shall endeavour, to the extent reasonably possible, to provide 30 days notice to The Subscriber. The Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated. THE SUBSCRIBER UNDERSTANDS THAT UNLESS WRITTEN NOTIFICATION IS RECEIVED BY BizWisp AFTER THE INITIAL TERM, THE SERVICE SHALL CONTINUE AND SUBSCRIBER WILL CONTINUE TO BE RESPONSIBLE FOR PAYMENT OF APPLICABLE SERVICE FEES.
- If Subscriber is dissatisfied with the Service or any related , conditions, rules, policies, guidelines, or practices, and if these issues cannot be resolved through BizWisp's Customer Complaints procedure, The Subscriber's sole remedy is to discontinue using the Service, cancel the account, and pay any cancellation fees that apply. To cancel the Service The Subscriber must send a written request for termination by email to BizWisp and same must be signed by an authorised representative of The Subscriber to arrive not less than 5 working days before the end of the current billing term. Should The Subscriber terminate this agreement during the initial term for any reason other than a failure by BizWisp to provide Internet Access service for a period in excess of 5 days, a cancellation fee equal the remainder of the contract term will become immediately due, and The Subscriber acknowledges and agrees to pay such fee.
- Upon cancellation or otherwise upon termination of this Agreement, related email and hosting services will be terminated and all the Subscriber files stored on BizWisp servers may be deleted. BizWisp may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if BizWisp, in its sole discretion, believes you have violated the Agreements or if The Subscriber fails to pay any charges when due.
- Certain section of this agreement will survice the Termination of the agreement. Refer to the signed documentation for such paragraphs and references.
- BizWisp may terminate this agreement immediately if The Subscriber is subject to bankruptcy, insolvency, examinership, receivership, liquidation or any similar proceedings, or in BizWisp's exclusive opinion is unable to pay fees due to BizWisp.
Fees and Payment
- Subscriber shall pay a monthly service fee and all other applicable fees, charges, taxes, and other amounts for the Service at the rates in effect for the current billing period. BizWisp may increase or decrease the monthly service fee. BizWisp will use all reasonable efforts to provide The Subscriber thirty (30) days or more notice of same. If such changes to the basic monthly service fee are to The Subscribers detriment (e.g. a price increase), The Subscriber may terminate this agreement by giving thirty (30) days written notice, and The Subscriber will remain liable only for any balance on the account.
- Payment is due in full by Credit Card or Direct Debit at the start of each billing month. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. If any payment is more than 7 days overdue or is returned by the bank unpaid, the Service may be suspended with immediate effect and remain suspended until the due amounts are paid in full. The Subscriber is not relieved of the obligation to pay the monthly service fee while an account is suspended. BizWisp may at its sole discretion terminate the Service and this Agreement for any accounts which are 14 days or more overdue. A reactivation fee or deposit may be required before Service is reactivated after suspension or termination. Credit account balances shall not accrue interest. The Subscriber agrees to pay the reasonable costs of any collection agency, solicitor or court used by BizWisp to collect past due amounts or to enforce this Agreement.
- A 3.5% exclusive of VAT charge applies to all bills for non-Direct Debit customers.
- The Subscriber will receive a username, password, account reference, and various other account details. The Subscriber is solely responsible for use of the Service and for ensuring their information is kept confidential. The Subscriber must notify BizWisp immediately upon discovering any unauthorized use of their account.
- The Subscriber acknowledges that usernames, passwords and IP addresses may change or be changed from time to time, and specifically that fixed IP addresses are not guaranteed except in the case of custom services where this specifically comprises part of the service contract.
Fair Access Policy
To ensure equal Internet access for all subscribers, BizWisp operates a fair access policy. Fair access establishes an equitable balance in Internet access across high speed Internet services for all subscribers. To ensure this equity, certain types of traffic such as email and browsing may be prioritized over other traffic. Unless otherwise stated, BizWisp provides the Service on a best effort basis and does not guarantee upload or download speeds.
Should the Subscriber be dissatisfied for any reason with the service provided by BizWisp, a formal complaint process is provided to ensure that your issue is addressed as quickly as possible and at the highest level necessary. This is outlined as follows:
- GENERAL: If you have a general complaint regarding BizWisp, email full details and your account reference us at email@example.com. Issues registered in this way automatically enter BizWisp's complaint tracking systems, ensuring the most appropriate and quickest handling.
- BILLING: If you have a billing enquiry or complaint, please contact the Accounts Department via the number shown on your invoice/statement, or by email to firstname.lastname@example.org.
- WRITTEN: If you would prefer to put your complaint in writing, we will respond to your letter by telephone and will confirm any details in writing should you wish. Your letter should be addressed to: BizWisp, Private Bag X33823, Postlink Suite 32219, Menlyn, 0063.
- IDENTITY: If telephoning BizWisp, each staff contact receiving your call will provide his or her name on request. Record same for future reference or to revert later to the same person working on your query or complaint.
- RESOLUTION: The staff member receiving your call will either resolve your complaint or transfer your complaint to a more appropriate person to endeavour to resolve your complaint to your satisfaction. Where possible, our staff will resolve your concern at the first point of contact.
- ESCALATION: If you are not satisfied with the resolution, or if you feel that you have not received a fair hearing, your complaint can be escalated to a manager on your request. He or she will review your complaint and resolutions offered and discuss the complaint with you.
- The installation, use, inspection, maintenance, repair, and removal of the equipment may result in service outage or potential damage to your computer. The Subscriber is solely responsible for backing up all existing computer files and data. BizWisp and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals.
- BizWisp will endeavour to provide the Service to all eligible applicants, subject to technical and commercial feasibility. BizWisp may in its sole discretion determine that it cannot or will not service a particular site or subscriber, and reserves the right to cancel the installation process and refund any money that The Subscriber has paid. BizWisp will notify you of its intent to cancel as soon as reasonably possible. It may take up to 30 or more days to determine if BizWisp is able to provide service in certain locations. BizWisp shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
Copyright and License
- The content on the Service is protected under applicable copyright law. Any copying, modification, distribution, publication or other use by The Subscriber, or by any user of The Subscriber's account, of any such content is prohibited, except as expressly permitted by the holder of the applicable copyrights.
- BizWisp does not endorse or in any way vouch for the accuracy or completeness of any content made available through the Service. BizWisp does not recommend that such content be relied on by The Subscriber without appropriate verification.
- The Subscriber shall comply with all laws, rules, regulations and legal obligations related to the Service and with all acceptable use policies and procedures established from time to time by BizWisp. The Subscriber shall not use the Service to conduct any business or activity or to solicit the performance of any activity which is prohibited by any law, rule, regulation or legal obligation. The Subscriber shall not intercept email in an unauthorized manner or engage in spamming or any similar conduct.
Thirs Party Access
- The Subscriber shall not resell, share, lease, hire or otherwise permit access to the Service to any third party, including but not limited to the connection of any third party to the Service through use of direct cable connection, network connection, wireless networking, or any other means.
- BizWisp reserve the right to suspend the Service pending investigation where it reasonably suspects the above clause is breached by The Subscriber and reserves the right to terminate with immediate effect the Service and this Agreement where such breach has taken place.
BizWisp has no obligation to monitor the Service, but may do so and disclose information regarding use of the Services for any reason if BizWisp, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. BizWisp may immediately remove your material or information from BizWisp servers, in whole or in part, which BizWisp, in its sole and absolute discretion, determines to infringe another's property rights or to violate BizWisp's Acceptable Use Policy.
The Subscriber shall maintain and operate suitable and fully compatible terminal equipment and communication devices required to access the service. BizWisp makes no representation or warranties, either express or implied, regarding such Subscriber equipment.
Disclaimer and Warranties
Access to the service is not guaranteed. Unless otherwise stated, the Service is distributed on an as is and as available basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise.
Limitation of Liability
Neither BizWisp nor any of its information or content providers, service providers, licensors, employees or agents shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of The Subscriber's use of the service or inability to use the service or any breach of any representation or warranty. In any event, no such liability shall exceed the total amount actually paid by The Subscriber for services provided under this agreement for the prior six month period.
The Subscriber assumes all risk and liability for any use of the Service. TheSubscriber agrees to indemnify BizWisp against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees, arising out of or related to Subscriber's use of the Service.
Third Party Beneficiaries
The provisions of Sections 18, 19 and 20 are for the benefit of BizWisp and its respective contractors, information or content providers, service providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
The Subscriber shall direct all enquiries and service related issues to BizWisp's Customer Sales and Support contact points, as defined on its website from time to time or directly by email to
This Agreement shall be governed by the laws of the Republic of South Africa. Any cause of action of The Subscriber, or by users of The Subscriber's account, with respect to the Service or this Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred. It is acknowledged that this is a services contract and not a contract for the sale of goods.
- This Agreement constitutes the entire agreement between the parties relating to the subject matter hereunder, and supersedes any and all oral and/or written statements, discussions, representations and agreements made by either party to the other, and may not be assigned without the express written consent of BizWisp. No modification of this Agreement shall be binding on either party unless it is in writing and signed by both parties. Failure on the part of BizWisp to enforce any provision of this Agreement shall not be construed as a general waiver or relinquishment of the right to enforce such provision. If any provision shall be held unenforceable, the validity legality and enforceability of the remaining provisions shall in no way be affected thereby, and the intent of the unenforceable provision enacted to the maximum enforceable extent.
- Publicity. BizWisp may identify The Subscriber as a user of BizWisp's services in reports, advertisements and other promotional literature or forms of publication. The Subscriber should advise BizWisp in writing if it does not wish to be identified.
- Therms and Conditions may be modified by BizWisp from time to time, the current and applicable version always being available in electronic form from the relevant section of the BizWisp website at https://www.biswisp.co.za. BizWisp will make reasonable attempts by email or other communication to inform The Subscriber when the Terms and Conditions of the Service are amended. Should any modification cause a reasonable deterioration in the level of the Service the Subscriber could reasonably expect, their sole remedy is to terminate service in writing within 7 days of such change. Should The Subscriber continue to use the Service 30 days following date of notice of an amendment made to the and Conditions the Subscriber is deemed to have accepted the amended .
- Headings for Convenience. All headings preceding paragraphs and subparagraphs have been inserted for convenience of reference only, and shall not be relied upon in determining the meaning of the rights and obligations of BizWisp or The Subscriber.