Terms and Conditions

These Terms and Conditions govern the supply and use of all services provided by Ping Mzansi, including but not limited to Fixed Wireless Internet, 4G Backup Internet, Devices (Wi-Fi Kits and WISP Devices), Web Design, and Hosting Services such as Web Hosting, Unifi Controller Hosting and UISP Hosting, as well as the Ping Mzansi Share file sharing service.

By signing up for, installing or using any Ping Mzansi service, the client confirms that they have read, understood and agreed to be bound by these Terms in full. Where a specific service has its own additional terms, those terms apply alongside this document.

Ping Mzansi may from time to time introduce new services, features, packages or products, or make changes to existing ones. Any such new or modified offering is automatically governed by these Terms from the date it becomes available to clients, unless separate terms are published for that specific offering, in which case those separate terms apply in addition to this document.

• Internet and hosting services are billed monthly in advance.
• Payment is due by the 1st of each month, unless a different arrangement has been agreed in writing.
• Accounts that fall into arrears may be suspended after reasonable notice has been given, in line with our standard collections process.
• Payments can be made by EFT, cash or scheduled debit order or stop order.
• A reconnection fee of R100 applies where a service has been suspended due to non-payment.
• Clients are responsible for using the correct payment reference so that funds can be allocated to their account promptly.

Advertised upload and download speeds represent the maximum achievable under ideal conditions. Actual speeds can vary depending on a number of factors that are outside our direct control, including distance from the nearest access point, weather conditions such as rain, wind or lightning, network congestion at busy times, and physical interference or obstructions.

Wireless services require a clear signal path between the client's premises and our network infrastructure. Trees, buildings, hills and other obstructions can reduce performance. During heavy rain or storms, some clients may notice a temporary reduction in speed or a brief drop in signal. This is a known characteristic of long range wireless connectivity and is not treated as a fault unless the interruption is prolonged.

Installation and equipment

Our technician will install a wireless receiver at the client's premises, aligned to our nearest tower, and run a cable to the client's router or Wi-Fi point. Equipment supplied by Ping Mzansi remains our property until the client has paid for it in full, after which ownership passes to the client, unless otherwise agreed in writing. Damage caused by power surges, lightning or tampering with the equipment is the client's responsibility.

Coverage and line of sight

Service availability depends on a clear signal path between the client's location and our network. If a workable connection cannot be established at the time of installation, we will not proceed with activation unless an alternative solution is available. Vegetation growth or new construction after installation that later blocks the signal is the client's responsibility to resolve, and may require a relocation of equipment at an additional cost.

4G Backup provides automatic failover to a mobile data connection during load shedding, maintenance or an outage on the primary line, and is billed as a fixed monthly plan. Coverage and speed depend on the mobile network signal available at the client's location, and can vary between providers and locations. Fair usage, billing and cancellation terms described elsewhere in this document apply equally to 4G Backup.

Our Devices page (pingmzansi.co.za/devices/) has two parts, chosen with the switch at the top of the page. Home Usage is open to everyone and sells Wi-Fi Kits. WISP is only for existing Ping Mzansi Fixed Wireless Internet (WISP) customers and sells WISP Devices. The terms for each part are set out below. Prices on both parts are shown in rand.

Home Usage: Wi-Fi Kits

Wi-Fi Kits are Wi-Fi router and mesh kits that Ping Mzansi pre-configures and labels before they reach the client, so that the client can plug them in and connect with our guidance. This section applies to every Wi-Fi Kit order, including the optional backup internet and backup power items that can be added to a kit. Wi-Fi Kits do not include an internet connection, which the client must arrange with their own fibre or internet provider.

Ordering and payment. Submitting the order form is a request to buy and does not charge you anything. An order is only accepted once we confirm it to the client in writing, for example on WhatsApp or by email, and it depends on stock being available. Prices are shown in rand and the final amount is confirmed in our invoice or quote. Payment in full is required before we configure and dispatch a kit, by a payment method we confirm with the client. Ownership of the equipment passes to the client once it has been paid for in full.

Details the client gives us. We configure each kit using the Wi-Fi name, Wi-Fi password and other details the client supplies, so the client is responsible for making sure that these are accurate and that they are entitled to use the internet line the kit will be connected to. Please do not type an internet login or PPPoE password into the order form. We will ask for it on WhatsApp or the phone if it is needed. If the client's internet provider changes the line, login or settings later, the kit may need to be set up again.

Compatibility. Wi-Fi Kits are intended for use with a working fibre or internet connection. We cannot guarantee that a kit will work with every provider, line type or provider-supplied equipment. If we know of a compatibility problem before dispatch, we will tell the client so that they can decide whether to go ahead. Speeds and coverage depend on the client's line, home layout, building materials and the devices they use, and are not guaranteed.

Delivery. We deliver within the areas, and for the delivery charge, that we confirm with the order. Delivery times are estimates and not guarantees. Risk in the equipment passes to the client once it has been delivered to them or collected by them. We do not provide on-site installation as part of a Wi-Fi Kit unless we have agreed to it in writing.

Setup support. Priority setup support is included with every kit. We will arrange a time to be on WhatsApp or the phone with the client while they plug the kit in and get online. Setup support does not include on-site visits, repairs to a fibre or internet provider's line, or support for equipment that we did not supply.

Remote management. By ticking the consent box when they order, the client agrees that Ping Mzansi may remotely manage their router, so that it can be set up, linked to our management account, updated and supported from a distance. We will use remote management only for setup, support and keeping the kit working, and not to monitor the websites the client visits or the content of their internet traffic. The client may ask us at any time to unlink the router and hand control back to them, in which case we may not be able to support the router remotely. Please read our Privacy Policy for how this information is handled.

Backup internet and backup power add-ons. A backup internet router takes a SIM card and keeps the client online when their main line is down. The SIM and mobile data are not included, and mobile coverage and speeds depend on the client's mobile network and location. Backup power units such as a mini UPS keep equipment running for a limited time, and the time shown is an estimate that depends on what is connected, the age and condition of the battery and the load placed on the unit. Batteries wear over time and this is not a fault.

Warranty and faults. Kits and add-ons are new and carry the manufacturer's warranty. If the client believes that equipment is faulty, they should contact us and we will help with the warranty process. The warranty does not cover physical damage, liquid damage, damage from power surges or lightning, misuse, or repairs and changes made by anyone we have not approved. Nothing in these Terms limits the rights the client has under the Consumer Protection Act, including the right of a consumer to return goods that are defective or unsafe within six months of delivery for repair, replacement or a refund.

Cancellations and returns. A client may cancel an order and receive a full refund of what they have paid, provided they tell us before we begin configuring the kit. Once configuration has begun, the kit has been customised for the client, including their Wi-Fi name, password, internet settings and labels, so we may not accept a return or cancellation for change of mind, to the extent the law allows. Any right to cancel that the law gives the client, for example a cooling-off period for certain distance or direct marketing sales, is not affected by this section.

Liability. We are not responsible for outages, slow speeds or faults on a fibre or internet provider's network, or for losses that result from a connection being unavailable. To the extent the law allows, Ping Mzansi's liability for any Wi-Fi Kit is limited to the amount the client paid for that kit, and we are not liable for indirect or consequential loss. Nothing in this section excludes liability that cannot be excluded by law.

WISP: WISP Devices and Hardware Sales

Who can order. Only an existing Ping Mzansi WISP customer may order WISP Devices. When ordering, the client must confirm that they are a WISP customer and give the email address or phone number on their Ping Mzansi account, and we check this against our customer records before we accept the order. If we cannot match an order to a WISP customer, or the client is not a WISP customer, we may refuse or cancel the order and refund anything that has been paid. Giving false information to place an order is a breach of these Terms. A client who is not a WISP customer is welcome to order a Wi-Fi Kit from the Home Usage part of the page instead.

Equipment, installation and ownership. Dishes, PoE injectors, surge protectors, UPS units, switches and other equipment sold to WISP customers are new and covered by the applicable manufacturer's warranty. Installation is done at the address where the client's Ping Mzansi connection is installed, and any installation fee is shown in the WISP part of the Devices page at the time of the order. Once equipment has been installed and signed off by the client, or handed over at the time of purchase, it becomes the client's property, unless it forms part of a rental or plan based arrangement described elsewhere in these Terms. Faulty equipment is handled in line with the relevant manufacturer's warranty process, and nothing in this section limits the client's rights under the Consumer Protection Act.

Ordering and payment. Submitting an order in the WISP part of the Devices page is a request to buy and an order is only accepted once we confirm it in writing. Prices are shown in rand and the final amount is confirmed in our invoice or quote. Items marked as a quote are priced separately before any work begins.

Design and build

Ping Mzansi designs and builds a website for the client according to the plan selected, using the content, images and branding supplied by the client. A reasonable number of revisions are included as part of the initial build; requests that go materially beyond the original brief may be treated as additional work and quoted separately. The client is responsible for ensuring that any content, images or branding they supply do not infringe on the rights of a third party.

Monthly plan and hosting

Each Web Design plan includes a once-off setup fee and a flat monthly fee covering hosting and ongoing maintenance, as set out on the Web Design page at the time of order. Where a plan includes monthly content updates, reasonable requests submitted by the client will be actioned within a reasonable timeframe. The billing, fair usage and cancellation terms described elsewhere in this document apply equally to Web Design plans.

Domains and ownership

Where a free subdomain is provided, it remains linked to active hosting with Ping Mzansi. Where a custom domain is registered and managed on the client's behalf, it is registered in the client's name. Ownership of the domain and of the website content itself remains with the client at all times. Should the client cancel their hosting, a copy of the website files can be provided on request, though the site will no longer be accessible online once hosting ends.

Web hosting

Ping Mzansi provides web hosting for client websites and domains. We aim to maintain a high standard of uptime, but this cannot be guaranteed to be uninterrupted at all times. Clients are encouraged to keep their own copies of website content and databases, in addition to any backups we may perform.

Unifi Controller hosting

We provide hosted access to a Unifi network controller for clients managing their own Unifi based equipment. The client is responsible for the configuration of their own devices within the controller, while Ping Mzansi is responsible for the uptime and security of the hosting infrastructure itself.

UISP hosting

We provide hosted access to the UISP platform for clients managing wireless network infrastructure. As with Unifi Controller hosting, the client manages their own devices and configuration within the platform, while we maintain the underlying hosting environment.

All hosting services depend in part on third party infrastructure providers. Where planned maintenance is required, we will communicate this in advance where possible. Ownership of client data and content hosted with us remains with the client at all times.

About the service

Ping Mzansi Share, available at share.pingmzansi.co.za, is an online service that helps users send files directly from one device to another using room codes, links and QR pairing. Files are transferred directly between the devices involved and are not stored by Ping Mzansi. The limits, features and prices of the free and paid plans, including Pro Pass and Team plans, are those shown on the Share website and dashboard at the time you sign up or upgrade. By using Ping Mzansi Share you agree to these Terms and to our Privacy Policy.

Your content and your responsibility

• Users are solely responsible for the files they send, and for deciding who they send them to and who they accept files from.
• Ping Mzansi is not responsible or liable for the content, accuracy, legality, safety or quality of any file shared through the service, including any file that contains a virus, malware, or harmful, offensive, inaccurate, unlawful or infringing material. Files are received at the recipient's own risk, and recipients should scan files before opening them.
• Anyone with a room code, link or QR code can join that room. Users must keep these private. Ping Mzansi is not liable for files sent to the wrong person or room, or for files received by anyone who obtained a code, link or QR code from the user or from another source.
• Ping Mzansi is not liable for any file that is lost, corrupted, incomplete, delayed or not delivered. Because we do not keep copies of files, we cannot recover, retrieve or remove them. Users should keep their own copy of anything important.
• By sending a file, the user confirms that they have the right to share it and that doing so does not break any law or infringe the rights of any third party.

Acceptable use

Ping Mzansi Share may not be used to send, receive or share unlawful content, including child sexual abuse material, malware, content that infringes copyright or other intellectual property rights, defamatory or harassing material, or content intended to defraud or deceive others. Users also may not use the service to send spam or unsolicited material, interfere with or disrupt the service or other users, attempt to bypass plan limits or security measures, use automated tools to abuse the service, or resell access to it without our written permission.

Our rights

Although we do not monitor the files users share, we may suspend or terminate an account, block a room or device, or restrict access to the service at any time and without prior notice where we reasonably suspect a breach of these Terms, abuse or unlawful activity, or where the law requires it. Where required by law, we may report unlawful activity to the relevant authorities and cooperate with lawful requests, to the extent that information is available to us. We do not hold the content of transferred files. Suspected misuse can be reported to [email protected].

Availability and connections

Ping Mzansi Share works directly between devices, so whether a connection can be made depends on factors outside our control, such as the devices, browsers, firewalls and networks involved. We do not guarantee that a connection will succeed, that a transfer will complete, or that the service will be uninterrupted or error free. The service is not a storage or backup service. We may change, limit or withdraw features at any time, and the free service is provided as is and as available.

Accounts and paid plans

• Account holders must provide accurate information, must be 18 or older (or have the consent of a parent or guardian), and are responsible for keeping their login details secure and for all activity on their account.
• On Team plans, the account holder is responsible for the teammates they add and for how those accounts are used.
• Paid plans are billed for the period shown at purchase and, where applicable, are subject to the Billing and Payments and Cancellation and Termination sections of these Terms. A paid plan is activated once we have confirmed your payment.

Limitation of liability

To the maximum extent permitted by law, Ping Mzansi is not liable for any loss or damage arising from files that are shared, received, lost, misdirected or not delivered through Ping Mzansi Share, or from the unavailability of the service, including any indirect or consequential loss. Users indemnify Ping Mzansi against any claim, loss or expense arising from the files they share or from their breach of these Terms, as set out in the General Provisions section. This section should be read together with the Disclaimer and Limitation of Liability section and the General Provisions section.

• The client agrees not to resell, redistribute or share their internet connection with parties outside their own premises.
• Support is available during business hours by WhatsApp, phone or email. After hours support is limited to urgent, network wide issues.
• Clients should report any issues promptly so that they can be investigated and resolved.
• Our services are intended for reasonable household or business use. Excessive usage, network abuse or activity that disrupts the network, including but not limited to running torrents, hosting illegal content, or attempting to interfere with our infrastructure or other clients, may result in traffic shaping, throttling or termination of the service.

Unless a fixed term contract has been agreed, services are offered on a month to month basis. Clients may cancel at any time by giving at least 7 days' notice before the start of the next billing cycle. Any outstanding fees on the account must be settled before a cancellation can be finalised. Ping Mzansi reserves the right to suspend or terminate a service where these Terms have been breached.

Ping Mzansi makes every reasonable effort to provide a stable and reliable service, but we are not liable for interruptions caused by factors including but not limited to weather, power failures, theft, vandalism, or outages on third party networks that our services rely on. To the extent permitted by law, our liability for any downtime, loss or damage arising from the use of our services is limited to the fees paid by the client for the affected service in the relevant billing period. We are also not responsible for the content that users store, send or share through our services, including Ping Mzansi Share, as set out in the Ping Mzansi Share section above. This clause should be read together with the General Provisions section below, which sets out further limits on our liability.

These Terms may be updated from time to time to reflect changes to our services or operating practices. The most recent version will always be published on our website, and continued use of any Ping Mzansi service after an update has been posted will be treated as acceptance of the revised Terms.

Force majeure

Ping Mzansi will not be held liable for any delay, failure or interruption in providing a service that arises from circumstances beyond our reasonable control. This includes, but is not limited to, load shedding and grid failures, fire, flood, storms, lightning or other natural events, civil unrest, government or regulatory action, pandemic or public health restrictions, theft or vandalism of infrastructure, and failures, outages or price changes affecting third party networks, carriers, equipment suppliers or software platforms that our services depend on.

No warranty

All services are provided on an as is and as available basis. Ping Mzansi does not warrant that any service will be uninterrupted, error free, or completely secure, and makes no representation as to fitness for a particular purpose beyond what is expressly stated in these Terms or in a specific service agreement.

Indemnity

The client agrees to indemnify and hold Ping Mzansi, its owners, employees, contractors and agents harmless from and against any claim, loss, liability, cost or expense, including but not limited to reasonable legal fees, arising out of or connected to the client's misuse of a service, breach of these Terms, violation of any law or regulation, or infringement of the rights of a third party in connection with the client's use of any Ping Mzansi service.

Limitation of liability

To the maximum extent permitted by law, Ping Mzansi's total liability to a client arising out of or in connection with these Terms or any service, whether in contract, delict or otherwise, is limited to the total fees paid by that client for the affected service in the month in which the claim arose. Ping Mzansi is not liable, under any circumstances, for indirect, incidental, special, punitive or consequential loss or damage, including but not limited to loss of profit, loss of revenue, loss of data, or loss of business opportunity, even where we have been advised of the possibility of such loss.

Intellectual property

All trademarks, logos, website content, software and documentation associated with Ping Mzansi remain the property of Ping Mzansi or the relevant third party licensor, and may not be copied, reproduced or used without our prior written consent.

Third party services and platforms

Certain services, including but not limited to Unifi Controller Hosting and UISP Hosting, rely on third party hardware, software or network platforms that Ping Mzansi does not manufacture or control. We are not liable for defects, outages, discontinuation, or changes made by these third party providers, although we will make reasonable efforts to minimise disruption to clients where this occurs.

Data protection

Ping Mzansi processes client personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy. Information provided by clients is used only for the purposes of providing, billing and supporting their services, unless separate consent is given for other use.

Severability

If any provision of these Terms is found by a court or other authority to be invalid, unlawful or unenforceable, that provision will be treated as removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire agreement

These Terms, together with any service specific terms, order forms or signed agreements referencing them, constitute the entire agreement between Ping Mzansi and the client in relation to the services, and supersede any prior discussions, representations or understandings, whether written or verbal.

Assignment and waiver

Ping Mzansi may transfer or assign its rights and obligations under these Terms, including to a successor business or new owner, without requiring the client's consent. The client may not assign or transfer their agreement with Ping Mzansi without our prior written consent. A failure or delay by either party in enforcing any right under these Terms does not amount to a waiver of that right.

Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms or a Ping Mzansi service will be subject to the non-exclusive jurisdiction of the courts of KwaZulu-Natal.

Notices

Any notice required under these Terms may be sent by WhatsApp, email or SMS to the contact details the client has on file with us, and will be considered received on the day it is sent, unless the client can show it was not delivered.