Terms and Conditions - Reverse-billed Data Service

About

FAST Cloud (Pty) Ltd, a company registered South Africa, offers mobile as a service (MaaS) on behalf of various suppliers, both direct to businesses (B2B and direct to the consumer (B2C). 

  

Reverse Bill URL

It is a way of charging for phone calls, text messages and mobile data in which charges are paid by the person receiving them, and not by the person making the call. In this case, Reverse Bill URL service gives an entity who purchases the solution the ability to pay for mobile data traffic routed to their website. The mobile users visiting the website do not incur a mobile data charge for accessing the RBU resource. 


1. It is important that you, the "Subscriber", understand and agree to these terms and conditions in order to make use of the FAST Cloud Data reverse-billed solution (the “Service”).

2. All standard Terms and Conditions of FAST Cloud (Pty) Ltd apply. 

3. Standard RICA rules and processes apply when any SIM card that may make use of the Service is activated.

4. In these terms and conditions “Subscriber” may refer to the subscriber who takes out the contract for the Service, and User shall refer to the authorized mobile phone users/subscribers of the respective mobile network operators (the "MNO"), the latter with whom FAST Cloud has agreements for reverse billed IP services. 

5. Subscribers shall provide to FAST Cloud the IP Range that will be configured on the MNO's IT systems in such a way that all data traffic to and from the specified IP Range will be billed to the Subscriber’s Corporate Account and not to the individual Users that access the IP addresses and/or the services that reside behind the specified IP Range.

6. FAST Cloud will not be responsible for the vetting and accuracy of the IP Range that the Subscriber provides and also the proactive monitoring of the IP Range and any new IP`s that are added by the Subscriber. Should the incorrect IP Range be provided to FAST Cloud this may result in additional data charges which will be solely for the Subscribers account.

7. The pricing for the Reverse Billed URL product form part of the Agreement, the rates will be applicable dependent on Subscriber’s spend per month. 

8. The Subscriber shall receive a monthly usage report from FAST Cloud that will indicate usage across the Service. The Subscriber shall receive a bill generated from the billing platform (“FC Data Bill”) for all usage during the month and all data billed across the Service will be charged at the applicable rates. 

9. The Subscriber shall receive a separate invoice for the Service in addition to any other invoice generated for other services the Subscriber may already be receiving.

10. Only the IP Range specified by the Subscriber on the online application form may be used with this Service.

11. The IP ranges shall be dedicated to the Subscriber and shall not be shared with other customers. For clarity, this means that no Content Network Services or Shared Hosting IP addresses, Akamai Services, Amazon Services, etc. shall be used as these common services are used by millions of subscribers.

12. Should the IP range be determined to include CDN services, Shared Hosting IP addresses, Akamai Services, Amazon Services, etc, FAST Cloud reserves the right to interrupt service without liability. FAST Cloud will reserve all rights and take no responsibility for the loss of connectivity to Users as a result of this action and will not be responsible for 3rd party losses. The Subscriber will be liable for all billed usage as a result of incorrectly compliant IP addresses supplied by the Subscriber. The IP Ranges shall include IP and Port restrictions.

13. In these terms and conditions, "SIM" refers to any SIM card subscriber to the four MNOs in South Africa, specifically Cell C, MTN, Telkom or Vodacom. No usage limits will be enforced on any SIM that the User utilizes when accessing the specified IP Range.

14. Any SIM will be able to access the specified IP Range and the onus is on the Subscriber to enforce the necessary security in order to restrict access to both the IP Range and to any service that exists past the IP Range. The Subscriber accepts that unless the necessary security procedures are put in place by the Subscriber, all SIM holders will be able to access the IP Range if the IP Range is known or disclosed to other SIM users. All charges for access and/or Ping/ICMP type access will be charged to the Subscriber. FAST Cloud will not be liable for any direct or indirect loss or damage due to any unauthorised access of the IP Range by a third party.

15. The Subscriber will be responsible for any and all data usage during the duration of the contract for the Service. 

16. Should there be access of any internet based services other than those which have been specified in terms of the Service and which exist separate to the specified IP Range, the data charges as a result of this usage will be billed directly to the specific SIM card/User and not to the Subscriber via the reverse billed Service.

17. Data consumption while roaming internationally will not deplete from the inclusive data bundle chosen by the Subscriber, nor will it be depleted from the specified out-of-bundle data rates. Standard data roaming rates will apply and will be charged as out of bundle usage to the specific SIM card holder/User and not the Subscriber. 

18. Once the Service contract with the Subscriber has expired, the Service will continue on a month to month basis until the Subscriber provides FAST Cloud with 30 days’ (working days) notice, in writing, to cancel the Service. 

19. The Service, applicable data bundle and inclusive benefits can only be used for business purposes and cannot be used for other commercial purposes. Failure to adhere to this condition shall be a breach of these Service terms and conditions and FAST Cloud shall have the right to immediately suspend the Service and all-inclusive benefits and reserve the right to pursue all legal remedies available to FAST Cloud. In this event, the Subscriber shall forfeit all unused inclusive benefits and benefits of the Service.

20. The Subscriber is to provide FAST Cloud with IP(s), URL(s) and Ports to implement the Service; each IP will have an individual associated URL and Port. 

21. In the case that the Subscriber provides IP(s), URL(s) and Port but the User has a proxy configured, the Service will not work and thus the User will not be able to access the specified IP at a zero rate. The Subscriber must ensure that the User is aware of this, and advised to remove any existing proxy settings in order to make use of the Service.

22. The Subscriber accepts that in the case of secure sites being provided to FAST Cloud, only the IP and Port can be validated, as the URL is encrypted and FAST Cloud cannot validate the URL against IP and Port.

23. In light of the above, the Subscriber accepts liability for all usage generated from such configuration on MNO systems.


Terms of Use of the Service

24. The Subscriber gives FAST Cloud and/or the MNOs permission to conduct a risk and security assessment on their environment and/or the third party’s environment, on a regular basis, to ensure that adequate security controls are in place. 

25. The Subscriber will at all times comply with all applicable data protection and privacy laws, both in South Africa, as well as internationally. FAST Cloud reserves the right to audit, assess and request for necessary information to understand the level of compliance in terms of agreed policies and legislative requirements and to request for changes in order to comply with the above. 

26. Depending on the results of these assessments, and if FAST Cloud and/or one or more MNO determines that the lack of appropriate controls may lead to a breach of security, abuse and/or fraud, FAST Cloud reserves the right to revoke the Service on reasonable notification, until such time that FAST Cloud and/or the MNO is satisfied that the Subscriber has remediated the findings, at its own cost. 

27. The Subscriber agrees to indemnify, defend, and hold FAST Cloud harmless from and against any claim, demand, loss, damage, cost, or liability (including legal costs) arising out of or relating to the Subscriber or any Third Party failing to comply with the obligations as set out in these terms and conditions. If permissible under applicable law, legal costs will be on an attorney and own client basis. 

28. The Subscriber will immediately notify FAST Cloud where there are reasonable grounds to believe that there is unauthorised access/use to the Service, fraudulent activity and/or abuse in respect of the Service. 

29. In the event that FAST Cloud has a reasonable suspicion and/or knowledge of abuse, fraud or intentional malicious activity on the part of the Subscriber/Third Party, FAST Cloud reserves the right to revoke the Service immediately and may institute criminal proceedings against you. 

30. FAST Cloud reserves the right to amend the tariffs and pricing of the Service, on reasonable notice to the Subscribers. 

31. FAST Cloud and any of its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from the Subscribers’ or Users’ use of the Service. 

32. FAST Cloud has the right to withdraw, or shorten the duration of the availability of the Service in its sole and absolute discretion and will notify Subscribers if it chooses to do so. Subscribers will not have a claim against FAST Cloud in this instance. 

33. FAST Cloud may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion and the amended version will be displayed in the same media as these terms and conditions. FAST Cloud will notify Subscribers before it amends or otherwise changes the terms and conditions. 

34. Subscribers have the right to cancel the Service, subject to the applicable FAST Cloud cancellation rules for the Service contract. 

Duration of the Service contract: 

35. The Service will be valid for the Service period, or as long as the monthly subscription fee for the Service is paid timeously, or unless the Service is cancelled or discontinued by FAST Cloud in its sole discretion. 


Depletion Rules:

36. All authorised SIM cards will be able to access the IP range that the Subscriber provides to FAST Cloud and all SIM cards will be able to deplete the applicable data bundle available in terms of the Service For the avoidance of doubt, it is possible for the entire data bundle to be depleted by one person authorised by the Subscriber. 

37. Note that while some MNOs have a daily per User, this is per User and not for the Service. Even with this limit it is possible for a few Users to deplete the Subscriber's entire bundle. 

38. The minimum bill increments to deplete the Subscriber’s daily limit for all URLs and mobile applications will be 1KB. 

39. Access to the Service can only be granted to the Subscriber once the Service is configured and activated. 


Cancellation:

40. All cancellation requests must originate from the Subscriber’s authorized administrator and will be directed towards the FAST Cloud Helpdesk. The Sales manager should then be informed of the request in writing. 

41. Should a Subscriber wish to cancel the Service before the 12 (twelve) or 24 (twenty four) month Service contract period has lapsed, the Subscriber will be liable for the outstanding monthly Service subscription fees for the remainder of the contract period (“cancellation fees”). The cancellation fees will become immediately due and payable by the Subscriber upon cancellation of the Service. 

42. Cancellation of the Service will not entitle the Subscriber to cancel the Corporate Subscriber Agreement with FAST Cloud. This is a separate agreement for products and services with FAST Cloud. Should a Subscriber wish to cancel the Corporate Subscriber Agreement, the applicable FAST Cloud cancellation penalties and fees for cancellation will apply, as set out in the Corporate Subscriber Agreement. 

43. Cancellation of the Service can be done at any time during the month, but no credit will be refunded for any data forfeited. The Subscriber will also no longer be able to access the IP range in a zero rate/reverse billed model. 


Managing Expectations:

44. The Subscriber may not advertise the FAST Cloud Data reverse-billed solution as being completely free without notifying the applicable User, likely to access URL(s) that form part of this Service, of FAST Cloud's Acceptable and Fair Use Policies available on our website. 

45. The Subscriber will endeavour to only make available content and services that are consistent with our Acceptable and Fair Use Policies available on our website. 


Security and Privacy:

46. The Subscriber shall ensure that it lawfully obtains consent, when collecting, using or disclosing the personal information of its end users, for the provision of services outlined above. 

47. The Subscriber warrants that it shall always comply with all applicable privacy and data protection legislation which may be in force from time to time. 

48. In the event of a breach of the User's security and privacy obligations, the Customer agrees to indemnify, hold harmless FAST Cloud and its directors, officers and employees from and against any claims, damages, or other harm. 


Service setup requirements:

49. The Subscriber is required to supply the following information to enable FAST Cloud to provision the Service; 

a. the IP(s), 

b. URL(s) and Port(s)

c. SMS and notification addresses (i.e. email addresses for bills and reports)

50. The Subscriber must provide proof ownership for all website URL’s and mobile applications that forms part of the Service (by a letter on the Subscriber’s letterhead). 

51. The Subscriber must confirm that no tunnelling is setup on any of their URL’s and/or applications. 

52. Subscriber must inform their End Users that SIM cards in mobile dongles or modems may not be able to receive daily usage notifications. 

Subscriber must inform FAST Cloud of any changes to the mobile application or website URL.

53. Website URL’s and Mobile applications can be added and removed upon request from the Subscriber.