Terms and Conditions: Data Services

General

Session Fibre is an optical fibre service offering data, voice and content to customers.
Session determines the most suitable technologies to provision data, voice and content services over the fibre network to meet its commercial requirements.
The Session Fibre terms and conditions as detailed herein are subject to change from time to time.
Session has partnered with 3rd Party Network Providers to provide the network infrastructure through which Session offers Fibre services as an Internet Service Provider (ISP).
Any change to the Session Fibre T&C's will be communicated to the customer upon thirty (30) days written notice or such other reasonable notice period as the circumstances require.
The detailed Session Fibre data and voice offering is available at www.sessiontelecoms.co.za
The Session Fibre service is subject to:
1. Session’s Standard contract terms and conditions.
2. Session’s Fair Usage Policy.
3. Additional service or device-specific terms and conditions mentioned below.
Session shall remain the main point of contact for all Session customers on 3rd Party Network Providers.
Where there is any conflict between any other T&C's mentioned and the Session Fibre specific terms and conditions, the additional service or device-specific terms and conditions shall prevail.

Provision of Services

Session can only provide the Session Fibre service where there is a Session fibre network presence or a 3rd Party Network Provider that has partnered with Session.
Dark Fibre Africa (DFA), Openserve, Metro fibre, SEACOM are the Session Fibre 3rd Party Network Providers.
Session does not warrant the accuracy of the 3rd party Network Provider fibre coverage at a specific location therefore the provision of services will be subject to the 3rd Party Network Providers verifying the coverage details after the order has been placed with Session.
If the 3rd Party Network Provider provides feedback that the address is not within the fibre covered area after the order has been placed with Session, Session will not be able to continue with the installation of the Session Fibre service.
Desktop Feasibilities are not considered confirmation that a fibre line is feasible to be installed or provided. Only once the infrastructure provider confirms that a link is feasible and provides Session Telecoms with a written quotation will a link be deemed feasible.
Session Telecoms will not be held liable for any cancellations of links by the 3rd party providers.
The Session Fibre service is only available in selected urban areas.
Session will only build a fibre network in a specified area if there is sufficient commitment from prospective customers.
The provision of the Session Fibre service is subject to credit vetting and the successful conclusion of a Session Fibre service contract with the customer.
The Session Fibre service is available as a 24-month, 12 months and month-to-month service contract.
The Session Fibre Broadband Uncapped & Capped price plans are available on either asymmetrical or symmetrical bandwidths depending on the speed supported by the network infrastructure provider.
Session does not warrant an uninterrupted Session Fibre service and does not offer the quality of service, uptime and throughput guarantees.
Session shall endeavour to maintain the Session Fibre network and the Session fibre service to the best of its ability.
A customer may not resell the Session Fibre service or use the Session Fibre service for any commercial activities where the service is on-sold to other users.
Session reserve the right to terminate any customer’s Session Fibre service if it is found that the customer is reselling the service or using the Session Fibre service for commercial activities.

Commencement and Duration

The Session Fibre service contract start date shall be the customer account activation date.
The Session Fibre service contract shall remain in force for the contract period (i.e. 24 months or 12 months), whereafter it shall continue on a month to month basis until it is either renewed for a further period or terminated by either party on one calendar month written notice to the other.
In the event that any Session Fibre service is discontinued for any reason prior to the expiry of the initial period, such discontinuation, along with the migration options or alternatives available to the customer will be communicated to the customer on reasonable prior notice.
Any Session Fibre service contract which includes free or discounted customer equipment can only be renewed or cancelled without any penalty after the initial contract period.
When a Session Fibre service contract is terminated during the initial contract period, an early cancellation penalty will apply, equivalent to all of the remaining subscriptions due for the initial period.

Service offering and pricing

Session reserve the right to adjust and amend the service offering and pricing from time to time.
Any adjustments or to services and pricing or additional services will be communicated on 30 days written notice or such other reasonable notice period as the circumstances require.
A customer may purchase the Session Fibre services on the following channels:
1. Session Fibre portal available on sessiontelecoms.co.za
2. Session Fibre Customer care (0860061000).
A customer has the option to purchase the following services:
1. Session Fibre Broadband offering data connectivity with Internet access.
2. Session Fibre Fixed Voice offering voice calls (national and international).
3. Session Fibre Broadband with Fixed Voice.
4. Optional services such as Mobile backup and devices such as Uninterrupted Power Supply (UPS).
5. Value-Added Services (VAS)
The Session Fibre Broadband uncapped FUP (fair use policy) limit and data allocation are valid for one calendar month.
The Session Fibre Broadband order of consumption on capped data is based on the expiry date of the bundle. The data bundles that expires first, is the data bundle that gets consumed first.
Session Fibre Broadband data allocation is not transferable and cannot carry over from one month to the next.
Session Fibre customers will receive an invoice via email on the 3rd of the month following the bill date (1st of the month) for the contract period of 24 months, 12 months or month-to-month. The first Session Fibre bill will be comprised of the pro-rated amount for the relevant month.
Session Fibre monthly subscription will be billed in advance while the data and voice minutes usage will be billed in arrears.
The Session Fibre pricing as specified at www.sessiontelecoms.co.za is subject to change from time to time and new pricing will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require.

Installations

Session will appoint an approved installer to install the Session Fibre service at the customer’s premises.
The approved installer will require reasonable access to the customer’s premises.
The approved installer will install the Session Fibre service in accordance with the detailed installation guidelines for a standard installation as per the Session Fibre Installation Schedule.
The detailed installation guidelines will include the maximum installation specifications that will be included in a standard installation.
If the Session Fibre service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account.
1. Any additional installation expenses will be settled directly with Session or with the approved installer.
2. The installation will be deemed fully operational if the approved installer
successfully tests the Session Fibre service with the Customer Premises

Equipment (CPE) provided by Session as part of the Session Fibre service.

The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by Session.
The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations as detailed in the Session Fibre Service Schedule.
The customer may not move or alter the Session Fibre service installation and must notify Session if there is a need to move or alter the installation.
Only a Session approved installer may move or alter a Session Fibre service installation.
The customer is required to sign the Customer Acceptance Certificate after the installation of the service and equipment. In the event that the customer is not physically present at the time of installation and is therefore unable to sign the
Cst Acceptance Certificate, it will be the duty of the customer to do so at his earliest convenience but no later than 48 Hrs post-installation. The signed Customer Acceptance Certificate needs to be emailed to fibre@sessiontelecoms.co.za In the event that Session does not receive a signed Customer Acceptance Certificate within the stipulated 48 hours, the service will be deemed to be accepted and the service billable to the customer.

Customer Equipment

The following equipment related to the Session Fibre service will be installed at the customer’s premises:
1. An Optical Network Terminal (ONT) that forms part of the Session fibre network or 3rd Party Network Provider
2. A CPE with Wi-Fi capability, more commonly known as a router
3. An optional telephonic device if voice services are included in the Session

Fibre services

The ONT remains the property of Session or 3rd Party Network Provider at all times.
The CPE will form part of the Session Fibre service contract.
After the Session Fibre Broadband price plan initial contract period (24 month or 12-month price plans), the CPE and any other customer equipment (excluding the ONT) become the property of the customer. A customer on a month-to-month will own the CPE. The customer will liable for CPE (Router) cost if he cancels within 6 months.
A Manufacture warranty will apply to all customer equipment provided by Session.
If customer equipment is swapped out by an approved installer as part of fault management, the warranty of the replacement customer equipment will be valid for the balance of the Session Fibre service contract period.
The customer gives Session permission to configure the router for additional Service Set Identifier’s (SSID’s) to enable supplementary services.
Any use of a customer’s router for additional SSID’s will be at no charge to the customer and will not impact the Customer's service.
Session will not provide the username and password of the CPE device to the customer because the CPE device is remotely managed by Session.

Service interruptions

Session will endeavour to limit service interruption occurrences to the Session Fibre service and the length thereof.
In the case of a service interruption in the Session Fibre service, Session will deploy technical teams to address any network faults.
If a customer detects a service interruption in the Session Fibre service, the customer has to notify Session customer care of the interruption.
If the service interruption in the Session Fibre service is traced to a customer’s Session Fibre installation or customer equipment, then Session will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault.
If in the event of a service interruption in the Session Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Session will charge the customer the applicable rates for dispatching the service team to rectify the service interruption.

Liability

Session accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of Session’s Fibre service including the customer’s use of the customer equipment.
Session accepts no liability for any loss or damage arising out of the use of the Session Fibre service, including loss or damage due to using the Internet and/or transferring files and content.

Fair Usage Policy

Session reserves the right to use a Fair Usage Policy (FUP) to manage its networks in order to maintain acceptable levels of customer experience.
The Session Fibre services are subject to a FUP.
The Session Fibre FUP is subject to change from time to time.
The Session Fibre Broadband uncapped FUP and the reduced line speed applicable to Session self build fibre will be the same as above.
The Session Fibre Broadband uncapped price plans do not have out-of-bundle rates.
Session reserves the right to terminate the contractual relationship with customers who regularly breach the fair usage policy for Session Fibre Broadband price plans on no less than 30 days prior to written notice.
A customer cannot load a top-up bundle to restore the speed on a Session Fibre Broadband uncapped price plan.

Non-payment

Session Fibre services may be suspended in the event of non-payment, and a R60.00 fee will be charged for unpaid debit orders.
A reconnection fee may be applied.
Session Telecoms can only reconnect services once all outstanding invoices are settled.

Termination & Cancellations after Session CPE installation.

Cancellations within the contract period will carry a penalty equivalent to all the remaining subscription due for the remainder of the 24 months or 12-month contract period.
The cost of the router provided is recovered over a 24-month period for 24-month price plans and over 12 months for 12 months and month-to-month price plans.
The recovery costs is calculated as follows for 24-month price plans: 24 months – total months on the existing price plan = balance X CPE cost / 24
Example: A customer on a 24-month price plan who cancels their contract in month 12 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 24 months – 12 months = 12 months X CPE cost/24
The recovery costs is calculated as follows for 12 months and month-to-month price plans: 12 months – total months on the existing price plan = balance X CPE cost/12
Example: A customer on a 12-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 12 months – 6 months = 6 months X CPE cost/12
Example: A customer on a month-to-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs are calculated as follows: 12 months – 6 months = 6 months X CPE cost / 12
The customer can cancel the month-to-month contract at any time subject to providing a 30-day calendar notice period on the 1st of each month.
Any penalties applicable to customer equipment due to termination or cancellation will be included in the last invoice.
Session will inform customers 30 days in advance of the initial contract end period.
Customers will need to inform Session one (1) calendar month in advance for any cancellation/termination request to enable Session to complete processing the cancellation/termination.

Cancellation and Termination before Session CPE installation

If the customer cancels the Session Fibre service prior to the installation of the Optical Network Terminal (ONT) by the Network Provider I.e. Session, Dark Fibre Africa (DFA), Openserve, Metro fibre, SEACOM in customer’s home the customer will not be liable for the installation fee.
If the customer cancels the Session Fibre service prior to the installation of the Optical Network Terminal (ONT) by the Network Provider there will be a cancellation charge of DFA (R5500), VOConnect (R1700), Comsol (R1700), Liquid Telecoms (R2000), Bitco (R1700)
If the customer cancels the Session Fibre service after the installation of the ONT by the Network provider then the customer will be liable for an installation fee
The installation fee of the ONT varies per Network Provider.
The installation fee applies across month-month, 12 months and 24-month contract period.

Upgrades and Migrations

The customer may migrate to any other Session Fibre service offer by contacting one of the customer touchpoints and submitting the request.
1. The request to migrate will be subject to the subscriber’s current package and which package they wish to migrate to.
2. Session may in certain instances have specific migration rules for a particular package that restricts migrations. For Clarity: If the subscriber is on promotion and received free services, that subscriber will not be able to migrate out of the promotion into another promotion. These rules will be listed for each applicable price plan where applicable. The subscriber is required to be familiar with these package-specific rules for which they are signed up.
Definitions
1. Upward Migration: An upward migration refers to the scenario when the subscriber wishes to move to a package of a higher base subscription than the existing package.
2. For Clarity: Where a customer on a R599 package wishes to migrate to a R799 package, this will be considered an upward migration.
3. Downward Migration: A downward migration refers to the scenario when the subscriber wishes to move to a package of a lower base subscription than the existing package.
For Clarity: Where a customer on a R799 package wishes to migrate to a R599 package, this will be considered a downward migration.
Upward and downward line speed migrations may attract a once-off fee as per the product catalogue available.
Upward and downward contract term migrations may attract a once-off service activation fee as per the product catalogue available

Relocation and Moves

If the customer wishes to move the location of the Session Fibre service, the following will apply:
1. Moves will be allowed subject to a feasibility study on whether a Session Fibre service can be provisioned at the new location.
2. Any additional costs relating to the provisioning of the Session Fibre service at a new location will be charged to the customer with prior approval.
If a Session Fibre customer re-locates to a location with no Session Fibre network, the customer will be able to cancel the Session Fibre contract without penalties however the customer will be liable for any outstanding fees applicable to the CPE.
When the customer relocates or moves the Session Fibre service to a different address, a new 24-month, 12 months or month-to-month contract period will apply unless an instruction is received by Session to cancel the existing contract which will be subject to Session’s cancellation policy referred to herein.
If a Session Fibre customer moves the Session CPE within the customer premises, the following will apply:
1. A Session Fibre customer will be responsible for charges associated with the move and any non-standard installation charges (where applicable).

Fixed Voice

The Session Fibre Fixed Voice service is dependent on a Session Fibre Broadband installation.
The customer will receive a Session Fibre Fixed Voice non-geographic telephone number.
The customer can port a geographical telephone number to the Session Fibre Fixed Voice service.
All national on-net (Session Fibre to Session Fibre and Session Fibre to Session GSM) and off-net (Session Fibre to any other operators) calls will be deducted from the Session Fibre Fixed Voice price plan allocations or at the default out-of-bundle rates if the price plan allocation is depleted.
1. Session Fibre Fixed Voice minutes will carry over for up to three (3) month.
2. The Session Fibre Fixed Voice order of consumption is based on the expiry date of the voice minutes. The minute bundle that expires first, is the bundle that gets consumed first.
3. All international calls will be charged at the current Session international calling rates.

Session Fibre Promotions

Session will run promotions on its fibre packages at its discretion from time to time
These promotions will have a start and end date during which time subscribers can sign up
The standard terms and conditions stated herein will apply to any promotions
Where terms and conditions deviate for any promotions they will be stated in specific terms and conditions for the promotion
Subscribers who are signed up to any promotion will have to live out the duration of that promotion and will not be eligible to migrate out of the promotion into any other promotion or revised price plans
Cancellations of a promo will trigger the “Cancellation and Termination” clause contained herein and any specific cancellation conditions listed in any specific terms for the promotion
Session reserves the right to discontinue promotions at any time.

Complaints Handling Procedure

Session will endeavour to resolve all customer-related service interruptions timeously;
If the customer believes that the problem is not being adequately attended to; please contact our Contact Centre on 0860061000 (available from 07:00 until 17:00, five days a week) and request to speak to the Contact Centre Manager (or an authorised delegated representative) to facilitate the escalation.
The escalation will be investigated and feedback will be provided to the customer within a reasonable turnaround time.
This provision shall hold for all queries where internal competencies abound for resolution. Where the resolution of a query is dependent on the input of a third-party network provider (e.g. network element, value-added service or service provisioning interfaces and/or installation), the resolution would be dependent on Service Level Agreements (SLAs) agreed with network/service provider and to the extent that the customer is not required to engage with the third-party network provider directly.
If the customer is not satisfied with the resolution; the customer has the right to request the Contact Centre Manager to further escalate the matter to FTTH Escalations for further investigation. A Service Request Reference number will be communicated to the customer and will be used in all further correspondence with the customer.
Upon exhaustion of all aforementioned options to resolve the complaint(s) and a customer is still not satisfied with Session, such customer is at liberty to escalate his grievance(s) to the Independent Communications Authority of South Africa (ICASA)

Session does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, Session will not sell your personal information to third parties unless you give us your specific permission to do so. For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Session may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.

Terms and Conditions: Data Services

Session Telecoms (Pty) LTD.

+27 86 006-1000

Terms and Conditions: Data Services

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