Terms & Conditions of Service
These Terms & Conditions ("Terms") govern the supply and use of the fibre and wireless internet services ("the Service") provided by Wilderness ISP (Pty) Ltd ("Wilderness ISP", "we", "us", "our") to you, the customer ("you", "the Client", "the Subscriber"). By applying for, accepting installation of, or using the Service, you agree to be bound by these Terms, together with our Fair Use & Acceptable Use Policy and our Code of Conduct, which form part of your agreement with us.
Wilderness ISP provides electronic communications services under its IECNS and IECS licences issued by the Independent Communications Authority of South Africa (ICASA), and operates in accordance with applicable South African law, including the Electronic Communications Act, the Consumer Protection Act (CPA), the Protection of Personal Information Act (POPIA) and the Regulation of Interception of Communications Act (RICA).
1. Definitions
- Business Day — any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
- CPE — customer premises equipment, being the router, ONT, radio, antenna or other equipment installed at your premises to deliver the Service.
- Service — the fibre and/or fixed-wireless internet access service and any related services we provide to you.
- FNO — a fibre network operator (such as Openserve, Octotel or Frogfoot) whose open-access network we may use to deliver a fibre Service.
2. The Service
We provide a reliable, secure, best-effort internet service to subscribers. The Service is provided on a shared network and is subject to the following contention ratios: 5:1 during standard operation and 20:1 during failover (when the main backbone feed is disrupted). Actual throughput may vary depending on network conditions, your location, your equipment and factors beyond our reasonable control.
Every Service includes a WiFi-enabled unit — an ONT for fibre or a router for wireless. All services are uncapped and subject to our Fair Use & Acceptable Use Policy.
You acknowledge that, for fibre services, we are dependent on the network and services provided by third-party FNOs, and that we cannot be held liable for any failure to meet service standards where this results from the acts or omissions of such third parties.
3. Application and Activation
Your application for the Service is subject to acceptance by Wilderness ISP. As a licensed provider, we are required by RICA to collect and verify your identity. You must therefore provide valid proof of identity — a South African identity document or a valid passport — together with any other information we reasonably require. We reserve the right to decline, suspend or withhold the Service where valid proof of identity or the required information is not provided. We may also conduct a credit check on applicants and decline any application in our reasonable discretion. Installation and activation are subject to a successful feasibility assessment at your address.
4. Contract Duration and Cancellation
The minimum term and cancellation terms depend on the type of Service:
Fibre services:
- A minimum agreement period of 12 months applies.
- Cancellation requires two (2) months' written notice.
- If the Service is cancelled before the end of the initial 12-month period, an early cancellation fee of R1 999 applies, plus the remaining subscription fees for the balance of the initial 12-month period.
Wireless services:
- A minimum agreement period of six (6) months applies.
- If the Service is cancelled within the initial six (6) month period, a single R750 uninstall fee applies — and no other early-cancellation penalty is charged.
- After the initial six (6) month period, the Service continues on a month-to-month basis and may be cancelled on one (1) month's written notice.
- Wireless services are provided on our own fixed-wireless network and are therefore not subject to the fibre-network-operator (FNO) rules that apply to fibre services.
All cancellations must be submitted in writing to accounts@wildernessisp.co.za. The agreement remains in force until validly cancelled by either party. We may terminate the agreement and any Service where you materially breach these Terms, and undertake to act reasonably in doing so.
5. Fees, Billing and Payment
- Installation: a once-off installation fee of R750 applies, with pro-rata subscription charges calculated from the date of activation.
- Billing cycle: invoices are issued on the 25th of each month. The subscription period lapses on the last day of the month.
- Annual increases: all subscriptions are subject to annual price increases, irrespective of your sign-up date. We will inform you of changes within a fair and reasonable period.
- Non-payment: failure to pay by the due date may result in automated suspension or disconnection of the Service. We reserve the right to apply a reconnection fee of R350 to restore the Service, particularly in the case of repeat offenders.
- Equipment ownership: where equipment is purchased, all such equipment remains the property of Wilderness ISP until fully paid for.
6. Equipment and CPE
- All equipment (excluding damage caused by power supply issues or load-shedding) carries a six (6) month manufacturer's guarantee. We strongly recommend a UPS on all computer and radio equipment. Any maintenance outside the manufacturer's guarantee is for your account.
- The CPE remains your responsibility and must be insured by you. Our responsibility for the Service ends at the CPE (for wireless, the equipment on your roof).
- We are not responsible for maintaining your hardware or software unless separately agreed in writing at a quoted rate, and we are not responsible for your internal (in-home or in-office) network.
7. Your Responsibilities
- You are solely responsible for all activity conducted using your account credentials, and for keeping those credentials secure.
- You must keep antivirus and security software up to date and take reasonable steps to secure your systems.
- You may not resell, cede, sub-let, sell or otherwise transfer the Service or your rights under these Terms. No reselling of the Service is permitted.
- You may not use the Service for any improper, immoral or unlawful purpose, nor impair or interrupt the Service.
- Wireless customers may not use peer-to-peer (P2P) software; non-compliance may lead to permanent removal from the network. Using networking software to bypass Wilderness ISP's standard configuration is strictly prohibited and may constitute a criminal offence.
- You must comply with our Fair Use & Acceptable Use Policy at all times.
8. Liability and Indemnity
The Service is provided on a best-effort basis. To the extent permitted by law, Wilderness ISP accepts no responsibility for network downtime, or for the loss of, or damage to, any materials or data downloaded, uploaded, stored or transmitted using our network. Downloaded materials (including eBooks, audio, video, images and software) may be subject to copyright, and use without the copyright holder's consent is unlawful and is your responsibility.
We do not accept liability for any damage to property or equipment during installation or maintenance, save where caused by our gross negligence. You indemnify Wilderness ISP against any damages, loss, costs or claims arising from your application for, subscription to, or use of the Service, or from your breach of these Terms.
Events beyond our control (force majeure). Wilderness ISP will not be liable for any failure, interruption, degradation or delay in the Service to the extent that it is caused by events beyond our reasonable control. These include, without limitation, severe weather, storms, lightning, flooding, fire, natural disasters, load-shedding and other power failures, cable theft or vandalism, acts of God, war, civil unrest, government action, epidemics or pandemics, strikes, and the failure, outage or catastrophic disruption of any third-party network, backbone, upstream or fibre-network infrastructure. While such an event continues, our obligations under these Terms are suspended, and we will use reasonable efforts to restore the Service as soon as reasonably practicable.
Network backup power. Our network backup power (such as batteries at towers, nodes and equipment sites) is currently limited to a maximum of approximately four (4) hours. Where a power outage or load-shedding exceeds this period, the Service may be interrupted, and we will not be liable for interruptions resulting from a loss of power beyond our backup capacity. We will update these Terms from time to time as we upgrade the network's backup-power capacity.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the Consumer Protection Act.
9. Privacy and Personal Information (POPIA)
We process your personal information in accordance with POPIA and our Privacy Policy. We keep your personal information confidential and will not sell it to third parties without your consent. We may disclose information where authorised by you in writing, where required to brief our auditors, professional advisors or an accredited debt-collection agency, or where required by law or an order of court.
10. Changes to these Terms
We may amend these Terms from time to time by posting an updated version on our website at https://www.wildernessisp.co.za/. Where changes materially affect you, we will inform you within a fair and reasonable period. Your continued use of the Service after changes are posted constitutes acceptance of the amended Terms.
11. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa. Complaints should first be directed to us at admin@wildernessisp.co.za so that we can resolve them in accordance with our Code of Conduct. You also have the right to refer unresolved complaints to ICASA.
12. Contact Us
Wilderness ISP (Pty) Ltd · Registration No. 2019/362191/07 · VAT No. 4910302647
Sales & WhatsApp: 081 827 6758 (Mon–Fri, 8am–5pm) · Support: 044 011 0393 (8am–11pm, 365 days)
New sign-ups & accounts: accounts@wildernessisp.co.za · Technical & quotes: admin@wildernessisp.co.za
Serving Wilderness & the Garden Route, Western Cape.
