Terms of Service

SCOPE OF AGREEMENT

Kooluma.com provides the service to the user on the terms and conditions set out below. By entering the user's name and associated details into the required space to create a profile on the Kooluma.com user portal and by logging into the Kooluma.com ADSL/VDSL/Fibre/LTE-A account the user (or his/her/its representative) indicates that the user irrevocably accepts these terms and conditions.

CONSENT

It is expressly recorded that by using the 'service' the 'user' consents to Kooluma.com using their personal data and associated information as outlined and defined in the Kooluma.com Privacy policy at https://kooluma.com.co.za/legal/privacy.

The 'user' consents to receiving marketing material by means of email from Kooluma.com. Should a 'user' wish to no longer receive said marketing material they may request to be removed from the email database by emailing: admin@kooluma.com.co.za or by unsubscribing on the email itself.

KEY DEFINITIONS

• "Kooluma.com" means Kooluma (PTY) LTD, a registered company which trades as Kooluma.com
• "The service" means the provision of access to the Kooluma.com network and related infrastructure
• "The user" means any person/entity that makes use of and purchases "the service"
• "Logging on" means entering Kooluma.com credentials to connect to the internet
• "Downgrade" means substituting a service that costs less than the initial service purchased
• "Shaping" or "packet shaping" is network traffic management to optimize performance
• "Debit order" is a payment mechanism allowing Kooluma.com to debit the user's bank account
• "Top up" means a pre-paid voucher for additional data purchased after reaching data cap
• "Night time Cap" is free bonus data available between 24h00 – 05h00
• "Anytime data" is the primary data allocation purchased by the user

PROVISION OF SERVICE

The user acknowledges that he/she has the prerequisite infrastructure in place to make use of the service. This includes but is not limited to a working Telkom/Openserve ADSL/VDSL line, a working Fibre line and/or a working LTE-A router within the given coverage area.

The user will be solely responsible for obtaining, arranging, configuring and maintaining all equipment, including computer hardware, telecommunication equipment, modems/routers, smartphones, and tablets.

NETWORK AVAILABILITY

Kooluma.com will make every effort to make the service available at all times but is unable to guarantee 100% uptime and associated bandwidth speeds. Since Kooluma.com relies on numerous suppliers, all access to the electronic communications infrastructure is rendered on a "best effort" basis.

Kooluma.com will not be responsible for the performance of external communications networks including networks of Internet Solutions, IS Ignite, Openserve, MTN and Telkom.

ACCEPTABLE USAGE POLICY

The user may not:

• Circumvent authentication or security of any website, domain, host, or network (hacking)
• Interfere with service to any user, host, or network (denial of service attacks)
• Use applications that overload the Kooluma.com network
• Violate copyright and intellectual property laws
• Transmit illegal, defamatory, fraudulent, or offensive content
• Forward or propagate chain letters or malicious email
• Resell the service without express written permission from Kooluma.com

PACKET SHAPING & FAIR USE POLICY

Kooluma.com makes use of bandwidth 'packet shaping' to ensure the network is not compromised. Protocols that may be subject to shaping include P2P/bit-torrent, NNTP, HTTP file hosting and certain video on demand (VOD) services.

Kooluma.com may invoke a Fair Use Policy (FUP) to manage users who compromise service for others. The FUP may limit total data throughput or restrict specific protocols. In cases of gross abuse, Kooluma.com may terminate the user's account without refund.

LTE-A/FIXED LTE/MOBILE SIMS

• All new hardware includes a 12-month manufacturer's warranty
• All LTE-A packages are "best-effort" services - speeds cannot be guaranteed
• Early cancellation of fixed term contracts incurs a penalty of 3x monthly subscription plus remaining hardware costs
• Bandwidth caps are replenished on the 1st of every month
• Unused monthly data is forfeited at month end - no rollover
• Top-ups are valid for 30 days from purchase date
• Hardware remains Kooluma.com property and must be returned or purchased upon cancellation
• SIM cards take 7-10 working days for delivery after payment
• Night time Cap requires available Anytime data to function
• Mobile numbers are leased and cannot be ported after cancellation

ADSL/VDSL

• All hardware includes a 12-month manufacturer's warranty
• All ADSL/VDSL packages are "best-effort" - speeds cannot be guaranteed
• Early cancellation penalty: 3x monthly subscription plus remaining hardware costs (R2999 or return hardware)
• Bundled services (line + data + hardware) require 24-month contract
• Bandwidth caps replenish on the 1st of every month
• Installation takes 15-21 working days from payment
• Upgrades/downgrades allowed twice every six months with 10 days notice

PAYMENT TERMS

Kooluma.com services require a mandatory debit order or credit order. The user is responsible for ensuring payments are honoured.

Monthly debit orders are processed between the 30th and 4th of each month. For electronic transfers, proof of payment must be sent to admin@kooluma.com.co.za by the 27th of each month.

Subscriptions paid are non-refundable except where prohibited by the Consumer Protection Act.

Clients will be billed irrespective of whether the account is used or not, as Kooluma.com purchases capacity in advance.

TERMINATION & CANCELLATION

A mandatory one (1) calendar month's notice is required for cancellations, given before the 25th day of the month. Cancellation requests must be submitted via the online form at https://kooluma.com.co.za/cancellations/.

Downgrades require one calendar month's notice before the 25th of the month, submitted to downgrades@kooluma.com.co.za.

Kooluma.com may suspend or terminate service immediately for non-payment or breach of terms without refund.

DISPUTE RESOLUTION

Any dispute will be submitted for mediation, and failing resolution within 20 business days, for arbitration in accordance with AFSA rules. Each party bears half the costs unless the arbitrator makes a costs award.

GENERAL PROVISIONS

• These terms may be modified periodically - changes are effective upon website publication
• User support is offered on a best effort basis with no service level agreement
• Users must comply with all ICASA regulatory obligations
• Abuse of Kooluma.com staff results in immediate account deletion without refund and possible legal action
• SIM swap fee: R399 for admin and courier costs
• ONT device reconfiguration fee: R1199 if user tampers with equipment

CONTACT INFORMATION

For queries regarding these terms and conditions, email: admin@kooluma.com.co.za