Terms & Conditions
Comtel Communications (Pty) Ltd · General Terms and Conditions
1. Interpretation and Agreement Structure
1.1 Definitions
In these Terms and Conditions, unless the context indicates otherwise, the following terms have the meanings set out below:
- “Acceptable Use Policy” or “AUP” means Comtel’s Acceptable Use Policy published at fibre.comtel.co.za/legal/acceptable-use-policy, as amended from time to time.
- “Activation Date” means the date on which Comtel receives confirmation from the FNO that the Client’s fibre line is active and configured to Comtel’s network. FNO activation may occur up to 24 hours after the FNO’s technician completes physical installation at the Client’s premises.
- “Advanced Remote SLA” means the optional business-grade service level agreement providing Level 2 support, 24-hour availability and defined response targets.
- “Agreement” means the contract between Comtel and the Client, comprising these Terms and Conditions, the Service Order, the AUP, the Privacy Policy, any applicable SLA, product-specific terms and promotional terms.
- “Billing Date” means the 25th day of each calendar month, being the date on which invoices are generated.
- “ClientZone” means Comtel’s client self-service portal at fibre.comtel.co.za/client, or such URL as Comtel designates from time to time.
- “Comtel” means Comtel Communications (Pty) Ltd, a registered internet service provider operating in South Africa.
- “Comtel Connect” means Extim (Pty) Ltd trading as Comtel Connect, the wireless network operator over whose infrastructure Comtel’s Wireless Services are delivered in selected areas.
- “Contract Period” means the agreed fixed term of a Service agreement: month-to-month, 12 months or 24 months, as selected in the Service Order.
- “Early Termination Fee” or “ETF” means the amount payable by a Business Client on fixed-term agreement who cancels before the end of the Contract Period, being the full value of the remaining months of that contract.
- “FNO” or “Fibre Network Operator” means a licensed fibre network operator whose infrastructure is used to deliver the Service.
- “FibreZone” means Comtel’s fibre sales portal at fibre.comtel.co.za.
- “MobileZone” means Comtel’s MVNO sales portal at mobile.comtel.co.za.
- “MVNO” means mobile virtual network operator — a mobile connectivity service that operates on a host mobile network.
- “MyRouter” means a router or CPE device not supplied by Comtel that the Client uses to connect to the Service.
- “ONT” means the optical network terminal installed by the FNO at the Client’s premises to terminate the FNO’s fibre network.
- “PartnerZone” means Comtel’s partner management portal.
- “POA” or “Proof of Address” means a document confirming the service address, as required by Comtel for RICA compliance and FNO installation.
- “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.
- “Router4Life” means Comtel’s router programme under which a Comtel-owned, network-locked device is supplied to the Client for the duration of the Agreement and beyond.
- “SalesAdmin” means Comtel’s internal sales administration team responsible for verifying Client documentation and triggering Service Orders.
- “Service” means the internet connectivity or mobile connectivity service described in the Service Order.
- “Service Order” means the application or order form accepted through FibreZone, MobileZone or another Comtel-authorised process.
- “SLA” means a service level agreement entered into separately between Comtel and a Client.
- “Wireless Services” means Comtel’s fixed wireless internet access services delivered over the Comtel Connect network in selected areas.
1.2 Agreement structure
1.2.1 These Terms and Conditions apply to all Services supplied by Comtel, unless a Service Order, product-specific term, SLA, AUP, Privacy Policy or promotional term expressly provides otherwise.
1.2.2 Together, these Terms and Conditions, the Service Order, the AUP, the Privacy Policy, any applicable SLA, any applicable product-specific terms and any applicable promotional terms form the Agreement between Comtel and the Client.
1.2.3 Where there is a conflict between Agreement documents, the following order of precedence applies unless prohibited by law:
(a) the accepted Service Order;
(b) product-specific terms;
(c) any applicable SLA;
(d) these General Terms and Conditions;
(e) the Acceptable Use Policy;
(f) the Privacy Policy; and
(g) promotional, referral or campaign-specific terms.
1.2.4 Headings in these Terms are for convenience only and do not affect interpretation.
2. Statutory Rights and Consumer Protection
2.1 Nothing in these Terms limits, excludes or waives any right that a Client may have under applicable South African law, including the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, the Protection of Personal Information Act 4 of 2013, ICASA regulations, the ISPA Code of Conduct or any other applicable law.
2.2 Where these Terms conflict with a non-excludable statutory right, the statutory right will prevail.
3. Pricing, VAT and Billing
3.1 The Contract Period, Service description, speed profile, once-off fees, recurring charges and notice period applicable to the Client’s Service are set out in the Service Order.
3.2 Unless otherwise stated in the Service Order:
(a) prices for home Clients include VAT; and
(b) prices for business Clients exclude VAT.
3.3 Home Clients — Complimentary Period and Billing Commencement:
3.3.1 Home Clients receive a 7-day complimentary period beginning on the Activation Date, provided at no charge for the Client to experience and familiarise themselves with the Service before billing commences.
3.3.2 The following apply to the complimentary period:
(a) The period begins on the Activation Date and runs for 7 consecutive days regardless of when the Client first uses or accesses the Service. If the Client begins using the Service after the Activation Date — for example, on day 5 — the complimentary period does not restart or extend from that date. It remains fixed to the Activation Date.
(b) Comtel will notify the Client through their registered communication channel as soon as reasonably practicable after receiving FNO confirmation of activation.
(c) FNO activation may take up to 24 hours after the FNO’s technician completes physical installation at the Client’s premises. The FNO may require additional time to configure the line to Comtel’s network following installation. The complimentary period begins on the confirmed Activation Date, not on the date of the technician’s visit.
3.3.3 Billing commences on day 8 from the Activation Date. The first invoice will include a pro-rata amount for the billing period from day 8 to the end of that calendar month, together with any applicable once-off setup fee.
3.4 Business Clients — Billing Commencement: billing commences on the Activation Date. No complimentary period applies to business Services. The first invoice will include a pro-rata amount for the billing period from the Activation Date to the end of that calendar month, together with any applicable once-off setup fee.
3.5 Invoices are generated on the Billing Date (25th of each calendar month) for the following month’s Service. Payment is due on the 1st day of the following calendar month.
3.6 The Client is responsible for all charges validly incurred under the Agreement, including recurring charges, once-off charges, setup fees, hardware charges, migration charges, moving fees, reconnection charges and other applicable fees.
3.7 Comtel does not charge a returned payment or bounce fee in respect of failed debit order or bank card transactions. The Client’s bank or payment provider may impose its own charges in this regard.
3.8 All fees, charges and rates are drawn from Comtel’s central database and are subject to change on notice as set out in clause 4. Fees are confirmed in FibreZone, MobileZone, ClientZone or the Service Order before the Client accepts.
3.9 Setup fees, relocation fees and equipment replacement fees comprise an ISP Fee and, where Comtel dispatches a router to the Client, a Courier Fee. The Courier Fee is a flat amount applied only where a router is physically dispatched; where no router is dispatched — for example, where the Client retains an existing device or supplies their own device — no Courier Fee applies. The applicable ISP Fee and Courier Fee for each event are drawn from Comtel’s central database and confirmed before the Client accepts.
4. Price Adjustments
4.1 Comtel may adjust its charges where the adjustment is caused by inflation, currency fluctuations, regulatory changes, taxes, government charges, FNO charges, upstream provider charges, network partner charges or other external cost changes beyond Comtel’s reasonable control.
4.2 Comtel will give at least one calendar month’s written notice of a price adjustment where reasonably practicable. If a shorter notice period is imposed by a third-party network, regulator, supplier or external event, Comtel will give as much advance notice as is reasonably possible in the circumstances.
4.3 Where the Consumer Protection Act applies and a price adjustment materially affects the Client, the Client may have statutory cancellation rights under applicable law.
4.4 Continued use of the Service after the effective date of a notified price adjustment constitutes acceptance of the revised charges, unless the Client has exercised a lawful cancellation right before that date.
4.5 This clause does not limit any statutory right to cancel, object to or dispute a charge.
5. Service Notices and Marketing Communications
5.1 Comtel communicates with Clients by email, WhatsApp and SMS, using the contact details provided in the Service Order and maintained in ClientZone. The Client selects their preferred communication channel or channels at signup and may update that selection at any time in ClientZone. The selected channel or channels are used for OTP delivery and for the notifications described in this clause.
5.2 Comtel may send Clients operational, billing, security, outage, service and account-related communications necessary to provide, administer and support the Service.
5.3 Comtel may send marketing communications where permitted by law. Clients may opt out of marketing communications at any time through ClientZone or by using the unsubscribe link provided in a marketing communication.
5.4 Opting out of marketing communications will not prevent Comtel from sending necessary service, billing, security, legal or account-related notices.
5.5 The Client is responsible for maintaining current and accurate contact details in ClientZone. Failure to receive a notification due to outdated or incorrect contact details does not exempt the Client from obligations arising from that notification.
6. Agreement Duration and Renewal
6.1 Home Services are offered on a month-to-month basis only. No fixed-term agreements are available for home Clients.
6.2 Business Services may be taken on a month-to-month basis or on a fixed term of 12 months or 24 months, as selected in the Service Order. Fixed-term agreements carry discounts on installation and setup fees as published in FibreZone at the time of ordering.
6.3 The ETF for a fixed-term Business Service is equal to the full value of the remaining months of the Contract Period. The ETF is disclosed in the Service Order and is acknowledged by the Client at the point of acceptance and OTP confirmation.
6.4 After the expiry of a fixed-term Business Service, the Service will continue on a month-to-month basis unless the Client initiates cancellation in accordance with clause 7.
6.5 Comtel will provide notice of the expiry of fixed-term agreements as required by applicable law.
7. Cancellation of Services
7.1 General
7.1.1 Cancellations must be submitted through ClientZone or PartnerZone only. Cancellation requests submitted through any other channel, including email, telephone or social media, will not be processed.
7.1.2 An OTP confirmation through the Client’s registered communication channel (email, WhatsApp or SMS) is required to complete any cancellation.
7.1.3 Comtel will not process a cancellation while the Client’s account has an outstanding balance. All overdue amounts must be settled before a cancellation can be submitted. A pending cancellation does not suspend the obligation to pay.
7.1.4 The cancellation date is calculated from the day on which the cancellation is confirmed and the OTP is accepted, plus the applicable notice period. The Service remains live and billable until the cancellation date.
7.2 Home Clients
7.2.1 Home Clients are on month-to-month Services. A cancellation notice period of one calendar month applies.
7.2.2 No early termination fee applies to home Clients.
7.2.3 The Client’s Router4Life device is not required to be returned on cancellation. The Client may retain the device. It remains Comtel’s property and is network-locked to Comtel’s service. Should the Client return to Comtel in the future, the existing Router4Life device may be reactivated.
7.3 Business Clients — Month-to-Month
7.3.1 Business Clients on month-to-month Services may cancel on one calendar month’s notice, submitted through PartnerZone or ClientZone.
7.4 Business Clients — Fixed-Term (New Agreements)
7.4.1 Business Clients on fixed-term agreements who cancel before the end of the Contract Period are required to pay the ETF — the full value of the remaining months of the contract. This obligation reflects Comtel’s back-to-back contractual commitment to the applicable FNO for the same period.
7.4.2 At the end of the Contract Period, a Business Client wishing to cancel must submit one calendar month’s notice through PartnerZone or ClientZone.
7.5 Business Clients — Legacy Agreements
7.5.1 Business Clients on agreements entered into prior to the adoption of the current one-calendar-month notice standard remain subject to the three-calendar-month notice period specified in their original agreement. Comtel may, at its sole discretion, agree in writing to migrate a legacy Business Client to the current one-calendar-month notice standard at any time.
7.6 ISP Migration and Line Transfer
7.6.1 Where a Client wishes to transfer the fibre line to another internet service provider, Comtel will release the line to the receiving provider provided that the Client’s account is in good standing — no outstanding balance — at the time of the transfer request.
7.6.2 Comtel will not release a line to a receiving provider where the Client’s account has an outstanding balance. The Client must settle all amounts owing before a line transfer will be processed.
8. Service Downgrades
8.1 Clients on a fixed-term agreement may not downgrade their Service during the Contract Period unless Comtel approves the downgrade in writing and the applicable FNO permits the change without triggering a penalty.
8.2 Any FNO penalty, migration charge, downgrade charge or third-party charge arising from a downgrade during a fixed term is payable by the Client.
8.3 Clients on month-to-month Services may request a downgrade by giving the required notice. Downgrades are subject to FNO product availability, billing cut-off dates and applicable charges, which will be confirmed before the Client accepts.
8.4 This clause does not limit any non-excludable statutory right.
9. Moving Premises and Relocations
9.1 General
9.1.1 Clients who wish to move their Service to a new address must submit a move request through ClientZone (home Clients) or PartnerZone (business Clients). Comtel will check coverage at the new address before confirming the move.
9.1.2 Where Comtel cannot provide equivalent coverage at the new premises, Comtel will apply a no-penalty cancellation for home Clients, subject to any unavoidable third-party costs that cannot reasonably be waived.
9.2 Home Clients
9.2.1 A relocation of a home Service to a new address always attracts a moving fee. There is no complimentary relocation and no qualifying occupancy period. The previous entitlement to a free relocation after twelve months at the premises has been discontinued with effect from this version of these Terms.
9.2.2 The home moving fee comprises an ISP Fee and, where Comtel dispatches a new router to the Client, a Courier Fee. Where the Client retains their existing Router4Life device, only the ISP Fee applies and no Courier Fee is charged. Where the Client elects to receive a new Router4Life device on relocation, both the ISP Fee and the Courier Fee apply. The fee reflects the FNO-to-FNO transfer cost and, where applicable, the cost of dispatching the device.
9.2.3 The applicable moving fee is drawn from Comtel’s central database and is confirmed in ClientZone before the Client accepts the move.
9.2.4 The Client’s Router4Life device moves with the Client to the new premises. No additional router charge applies solely because of the move.
9.2.5 Additional charges may apply where a move requires non-standard installation, trenching, cabling, special equipment, access works or third-party charges. Comtel will provide a quote before proceeding.
9.3 Business Clients
9.3.1 Business Clients may not move a Service to new premises without Comtel’s prior written approval, as business services may be linked to specific FNO infrastructure, installation costs and fixed-term commitments.
9.3.2 A business move may require a new Service Order, FNO transfer costs, a new Contract Period or other charges. These will be confirmed before Comtel processes the move.
9.4 Body Corporate and Landlord Obligations
9.4.1 The Client is responsible for obtaining all necessary permissions from a body corporate, homeowners’ association, landlord or building management entity for FNO installation, including cabling, equipment placement and access. Comtel is not responsible for delays or failed installations arising from the Client’s failure to obtain such permissions.
10. RICA Compliance
10.1 Comtel is required to verify the identity and address of each Client before activating a Service in accordance with RICA.
10.2 Home Clients must provide:
(a) a South African identity document or passport (RSA or foreign national); and
(b) a current Proof of Address for the service location.
10.3 Foreign nationals must provide a signed lease agreement in their name as their Proof of Address. Utility bills are not accepted from foreign nationals as proof of address.
10.4 Business Clients must provide:
(a) a company registration document (CK or CIPC extract);
(b) a valid identity document for the authorised representative; and
(c) a current Proof of Address for the service location.
10.5 A current Proof of Address is required for every service location, regardless of whether a Client profile already exists on Comtel’s system.
10.6 Comtel will not activate a Service until RICA verification is complete and SalesAdmin has approved the Client’s documentation. If documents are incorrect or incomplete, the order will be placed on hold. The Client will be notified and given up to three attempts to resubmit correct documents, after which a SalesAdmin callback task will be created to assist the Client.
10.7 For MVNO mobile services, RICA verification is mandatory for each SIM card activation in accordance with applicable law. A SIM card may not be activated before RICA verification is complete.
11. Payment, Suspension and Reinstatement
11.1 Payment and Suspension Timeline
The following timeline applies consistently to all Client types — home, business and partner accounts:
| Day / Date | Event |
|---|---|
| 25th (prior month) | Invoice generated and sent via the Client’s registered communication channel. |
| 1st | Payment due. Bank card auto-charged. Debit order processed. |
| 3rd | Bank card retry (card-paying Clients only). Warning notification sent. |
| 6th | Final warning notification sent. |
| 7th | Account suspended automatically if payment has not been received. |
| 14th | Reminder sent if account remains unpaid. |
| 21st | Final warning — payment must be received before end of month to avoid cancellation. |
| 7 days before month end | Pre-cancellation warning sent to Client and Comtel accounts team. |
| End of month | FNO cancellation API triggered automatically if the account remains unresolved. |
11.2 Suspension for non-payment is self-recoverable. The Client may reinstate the Service immediately through ClientZone by making payment using the Client’s reference number.
11.3 Suspension for misconduct requires approval from the Comtel Sales Manager and Accounts Manager through the CRM before reinstatement. Misconduct suspension is not self-recoverable by the Client.
11.4 Comtel does not charge a returned payment or bounce fee in respect of debit order or bank card failures.
11.5 Suspension does not cancel the Agreement. Recurring charges continue to accrue until the Agreement is lawfully cancelled.
11.2 Disputed Charges
11.2.1 If a Client disputes an invoice in good faith, the Client must notify Comtel before the payment due date through ClientZone, support@comtel.co.za or accounts@comtel.co.za, and must provide sufficient information to identify the disputed amount and the reason for the dispute.
11.2.2 The Client must pay all undisputed amounts by the due date.
11.2.3 Comtel may withhold suspension for the disputed portion while investigating, unless the dispute is repetitive, unsupported, abusive or raised solely to delay payment.
11.3 Reconnection
11.3.1 A reconnection or administration fee may apply following suspension. The applicable fee is published in ClientZone and confirmed to the Client before reconnection is completed.
12. Equipment — Router4Life and MyRouter
12.1 Router4Life Programme
12.1.1 Comtel offers the Router4Life programme under which a Comtel-owned router device — an EX511 for home and business Broadband services, or a MikroTik for business Broadband and Enterprise services — is supplied to the Client for use with the Service.
12.1.2 All Router4Life devices remain the property of Comtel at all times. Router4Life devices are network-locked to Comtel’s service and will not function as internet routers on any other provider’s network.
12.1.3 Comtel does not require the physical return of a Router4Life device on cancellation of the Service. The Client may retain the device as a keepsake. Should the Client return to Comtel in the future, the existing Router4Life device may be reactivated through the standard reconnection process.
12.1.4 Where Comtel confirms or reasonably suspects a Router4Life device fault through remote diagnostics, Comtel will dispatch a replacement device at the applicable Router4Life replacement fee, confirmed in ClientZone before dispatch. Comtel’s remote support team will guide the Client through the plug-and-play reconnection process.
12.1.5 Replacement fees are waived where Comtel determines that the fault is attributable to Comtel, the FNO or Comtel-managed equipment and has not been caused by excluded conduct as set out in clause 12.1.7.
12.1.6 Router4Life devices carry a 12-month warranty against defects arising from normal use, unless otherwise stated in the Service Order.
12.1.7 The warranty does not cover, and the Client is responsible for the cost of replacement where damage or fault is caused by:
(a) loss or theft;
(b) power surge or lightning;
(c) liquid damage;
(d) physical damage from misuse or negligence;
(e) unauthorised modification or tampering;
(f) incorrect power supply; or
(g) unauthorised configuration changes.
12.2 MyRouter (Own Router)
12.2.1 Home Clients and Business Broadband Clients may elect to use a MyRouter device rather than a Router4Life device. Enterprise Clients may use a MikroTik Router4Life device or their own router.
12.2.2 Where a Client uses a MyRouter device:
(a) Comtel provides network login credentials for the Client to configure their own device;
(b) Comtel’s technical support is limited to the point of handover — the ONT and network connection — and does not extend to the Client’s own device;
(c) Comtel does not collect, store or access data specific to the Client’s own router device; and
(d) Comtel does not provide hardware support, warranty, configuration assistance, fault diagnosis or replacement for a MyRouter device.
12.2.3 MyRouter Clients may join the Router4Life program at any time by paying the applicable Router4Life setup fee, confirmed in ClientZone at the time of the request.
13. Installation and Plug-and-Play Delivery
13.1 Comtel’s delivery model operates as follows:
(a) On acceptance of the Client’s Service Order by SalesAdmin, Comtel dispatches the applicable Router4Life device to the Client’s service address via courier. The router typically arrives within 2 to 3 business days of dispatch, though this is an estimate only.
(b) Comtel simultaneously places the Service Order with the applicable FNO. FNO installation typically takes between 3 and 7 business days, though this is an estimate and not a service level commitment. Timelines vary by FNO.
(c) The Router4Life device is designed to arrive at the premises before FNO installation is complete.
(d) When the FNO confirms the fibre line is active, Comtel notifies the Client to connect the router to the ONT. For home and business Broadband services, the Service is plug-and-play — no onsite engineer is required.
(e) Enterprise services are subject to a separate consultative process and may require partner-assisted installation. The router is dispatched only after the FNO confirms the dedicated link is live.
13.2 The Client is responsible for:
(a) ensuring that the FNO has safe and unobstructed access to the premises for installation;
(b) obtaining all necessary permissions from the body corporate, homeowners’ association, landlord or building management for installation, cabling and equipment placement; and
(c) ensuring that a suitable power source is available at the premises for the ONT and router.
13.3 Comtel is not responsible for installation delays caused by the Client’s failure to provide access or obtain permissions.
13.4 Onsite installation, configuration and support services are available through Comtel’s partner network via the Comtel MarketPlace. All onsite call-outs are billable unless Comtel confirms at manager level that the fault is attributable to Comtel, the FNO or Comtel-managed equipment.
14. Internet Services and Network Management
14.1 Unless a product-specific term states otherwise, Comtel home and business broadband services are provided as uncapped services with no routine data cap, shaping or throttling of ordinary lawful usage.
14.2 Speeds are provided on an “up to” basis unless the Client has purchased a dedicated or guaranteed speed service. Actual speeds may be affected by the Client’s equipment, WiFi conditions, device capability, FNO infrastructure, upstream networks, international routing, content-provider limitations, network congestion, faults, power interruptions, maintenance and other factors outside Comtel’s direct control.
14.3 High data usage alone will not be treated as misuse unless it is associated with unlawful conduct, network harm, security incidents, unauthorised resale, prohibited hosting, automated abuse or usage that materially and unfairly degrades the Service for other Clients.
14.4 Comtel may take reasonable network-management, security or abuse-prevention steps where usage is unlawful, harmful, abnormal, compromises network integrity, materially affects other Clients, breaches third-party FNO or upstream-provider rules or violates the Acceptable Use Policy. Such steps may include filtering, blocking abusive traffic, rate-limiting, temporary restriction, suspension or termination, depending on the nature and severity of the conduct.
15. Service Availability
15.1 Unless a specific SLA applies, Comtel Services are supplied on a best-effort basis. Comtel does not guarantee uninterrupted, error-free or congestion-free service.
15.2 All home and business Broadband Clients receive standard remote support. Business Clients may purchase the Advanced Remote SLA as an add-on, providing Level 2 technical support, 24-hour availability and defined response targets.
15.3 Where a specific SLA applies, that document will set out Comtel’s support commitments, exclusions and any service-credit remedy.
15.4 Service credits are not available for downtime or interruptions unless expressly provided in a signed SLA or product-specific term. Service credits do not apply to outages caused by FNOs, upstream providers, the Client’s own equipment, WiFi interference, power failures, load shedding, force majeure events, scheduled maintenance, site access delays, unpaid accounts, AUP enforcement or third-party systems outside Comtel’s reasonable control.
16. Fibre Network Operators and Third-Party Networks
16.1 Comtel relies on the infrastructure of FNOs to deliver fibre Services. Comtel is not responsible for outages, degraded performance, installation delays or service interruptions attributable to the FNO or any other third-party network provider, except to the extent that Comtel has failed to take reasonable steps to escalate or resolve the issue with the FNO.
16.2 Comtel’s technical obligations are limited to the delivery of the Service from the ONT handover point to the internet. Comtel is not responsible for the Client’s internal WiFi network, devices, cabling or equipment beyond the ONT handover point.
17. MVNO Mobile Services
17.1 Comtel provides MVNO mobile connectivity services through MobileZone at mobile.comtel.co.za.
17.2 MVNO mobile services are subject to RICA verification, which is mandatory for each SIM card activation. A SIM card may not be activated before RICA verification is complete in accordance with applicable law.
17.3 MVNO mobile services are dependent on the infrastructure and coverage of Comtel’s host mobile network operator. Comtel is not responsible for coverage limitations, network changes or service interruptions attributable to the host network.
17.4 MVNO-specific terms, including SIM card ownership, eSIM conditions, number portability, out-of-bundle rates, auto top-up rules and host network dependency disclaimers, will be published as product-specific terms at mobile.comtel.co.za/legal when the MVNO service is launched. Those terms form part of the Agreement for all MVNO service Clients.
17.5 Nothing in these Terms constitutes a commitment to launch or maintain any specific MVNO product or feature. Comtel reserves the right to amend, suspend or discontinue MVNO services on reasonable notice.
18. VoIP and PBX Services
18.1 Comtel continues to provide Voice over Internet Protocol (VoIP) and PBX services to existing Clients only. Comtel does not accept new VoIP or PBX service orders.
18.2 Comtel reserves the right to discontinue VoIP and PBX services and to migrate existing Clients to Comtel-authorised service partners. Where Comtel decides to exercise this right, Comtel will:
(a) give affected Clients at least three calendar months’ written notice of the intended discontinuation and migration;
(b) offer affected Clients a migration path to a Comtel-authorised partner providing comparable VoIP or PBX services; and
(c) assist with the transition process to the extent reasonably practicable.
18.3 On migration to a Comtel-authorised partner, the Client’s VoIP or PBX service relationship is governed by the applicable partner’s own terms and conditions. Comtel accepts no ongoing liability for services provided by third-party partners following migration.
18.4 Nothing in this clause prevents a Client from choosing an alternative provider at the expiry of the notice period.
19. Wireless Services
19.1 Service description
19.1.1 Comtel provides fixed wireless internet access services (“Wireless Services”) to Clients in selected areas. Wireless Services are delivered over the network infrastructure operated by Extim (Pty) Ltd trading as Comtel Connect (“Comtel Connect”), which acts as Comtel’s wireless network operator in the same way that a Fibre Network Operator provides the physical layer for Comtel’s fibre services. Comtel remains the Client’s ISP, billing contact and support contact for all Wireless Services.
19.1.2 The availability of new Wireless Service orders is area-dependent. Comtel will confirm coverage at the Client’s address before accepting a Wireless Service order.
19.2 Migration to fibre
19.2.1 Where fibre internet coverage becomes available at a wireless Client’s address, Comtel may offer migration to a Comtel fibre service. Where Comtel initiates such a migration:
(a) Comtel will give the affected Client at least three calendar months’ written notice;
(b) Comtel will offer a comparable fibre service at the same or similar monthly cost;
(c) a Client on month-to-month Wireless Services may accept the migration offer or cancel without penalty at the end of the notice period;
(d) a Client on a fixed-term Wireless Service agreement where a comparable fibre service is available at the same or similar monthly cost is required to either accept the migration and complete the remaining term on the migrated service, or pay the applicable early termination fee; and
(e) a Client on a fixed-term Wireless Service agreement where no comparable fibre service is available, or where the proposed fibre cost materially exceeds the current wireless cost, may cancel without penalty at the end of the notice period.
19.2.2 Where no comparable Comtel service is available at a Client’s address, Comtel will apply a no-penalty cancellation at the end of the notice period.
19.3 Discontinuation of Wireless Services
19.3.1 Comtel reserves the right to discontinue Wireless Services in whole or in part on at least three calendar months’ written notice to affected Clients. Where Wireless Services are discontinued:
(a) Clients on month-to-month Wireless Services may cancel without penalty at the end of the notice period;
(b) Clients on fixed-term Wireless Service agreements where a comparable Comtel service is available at the same or similar cost are required to either accept migration to that service and complete the remaining term, or pay the applicable early termination fee; and
(c) Clients on fixed-term Wireless Service agreements where no comparable service is available, or where the proposed service cost materially exceeds the current wireless cost, may cancel without penalty at the end of the notice period.
19.4 Wireless equipment
19.4.1 The CPE device (router) supplied by Comtel at the Client’s premises for use with Wireless Services remains the property of Comtel and is subject to the Router4Life terms set out in clause 12.
19.4.2 The dish, antenna and associated mounting equipment installed at the Client’s premises to connect to the Comtel Connect wireless network is owned and managed by Comtel Connect. Comtel is not responsible for and makes no representations in respect of Comtel Connect’s equipment. Any removal, maintenance or claim relating to Comtel Connect’s equipment is a matter between the Client and Comtel Connect.
19.4.3 On cancellation or discontinuation of Wireless Services, the Client must provide Comtel Connect with reasonable access to remove its network equipment at a mutually agreed time. Comtel will facilitate this notification on the Client’s behalf where practicable.
19.5 Statutory rights
19.5.1 Nothing in this clause limits any non-excludable statutory right a Client may have under the Consumer Protection Act 68 of 2008 or any other applicable law.
20. Complaints and Escalation
20.1 Clients may lodge complaints through ClientZone, support@comtel.co.za for technical matters, accounts@comtel.co.za for billing matters or another official Comtel support channel.
20.2 Comtel will record a reference number for each complaint and use reasonable efforts to investigate and respond within a reasonable time.
20.3 Internal escalation paths are as follows:
(a) Home Clients: Support Team → Support Manager → National Sales Manager → Directors.
(b) Business Clients: Account Manager → National Sales Manager → Directors.
20.4 Comtel is a member of ISPA and subscribes to the ISPA Code of Conduct. If a complaint remains unresolved after Comtel’s internal process has been completed, the Client may use the ISPA complaints or mediation process where applicable.
20.5 This clause does not limit any statutory right to approach ICASA, the National Consumer Commission, a court or any other competent body.
21. Protection of Minors
21.1 Services are not intended for unsupervised use by minors.
21.2 The Client is responsible for supervising minors who use the Service and for implementing any parental controls, content filtering, device restrictions or access controls required in the Client’s household or organisation. The TP-Link app provides parental control and SSID management tools for Router4Life EX511 Clients.
21.3 Comtel does not guarantee that the Service will block age-restricted, harmful or unlawful content unless a specific filtering service is purchased and activated.
22. Unlawful Content, Copyright and ISPA Takedown
22.1 The Client must not use the Service to create, store, host, access, transmit, distribute or make available unlawful content, including content that infringes copyright or intellectual property rights.
22.2 Comtel has established a notification and take-down procedure for unlawful content in accordance with the ISPA Code of Conduct and applicable South African law. Takedown notices, abuse reports and copyright infringement notices must be submitted to: abuse@comtel.co.za.
22.3 On receipt of a valid takedown notice, Comtel will:
(a) investigate the notice expeditiously;
(b) take reasonable steps to address the reported unlawful content; and
(c) submit a report to ISPA on the steps taken, as required by the ISPA Code of Conduct.
22.4 Comtel will retain records of all takedown notices received for a minimum period of three years from the date of receipt.
22.5 Comtel may act on valid legal notices, court orders, regulator directions, law-enforcement requests or upstream-provider abuse reports, subject to applicable law.
23. Misuse of Services
23.1 Misuse of the Service includes:
(a) any use that violates the Acceptable Use Policy;
(b) unlawful use of the Service;
(c) resale, redistribution or sharing of the Service outside the Client’s premises without Comtel’s prior written approval;
(d) network abuse including denial-of-service attacks, port scanning, spam origination, malware distribution and botnet activity;
(e) use that causes Comtel’s IP resources to be blacklisted, blocked or reputationally harmed;
(f) non-payment of amounts due;
(g) unauthorised modification of Comtel-supplied equipment; and
(h) abusive conduct towards Comtel staff, contractors or support partners.
23.2 Where Comtel identifies actual or suspected misuse, Comtel may issue a warning, require corrective action, restrict affected traffic, suspend the Service, terminate the Agreement, report the conduct to relevant authorities or take any other reasonable protective steps, depending on the nature and severity of the conduct.
23.3 Abusive Conduct
23.3.1 Comtel staff, contractors and support partners must be treated with respect at all times.
23.3.2 Comtel may refuse support, limit communication channels, suspend the Service or terminate the Agreement where a Client or user engages in threats, harassment, intimidation, discriminatory abuse, obscene conduct, persistent bad-faith conduct or conduct that creates a safety or wellbeing risk to Comtel personnel.
23.3.3 Where appropriate, Comtel will issue a warning before taking action and may require the Client to communicate through a nominated channel.
24. Privacy and Personal Information
24.1 Comtel processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and its Privacy Policy, published at fibre.comtel.co.za/legal/privacy-policy.
24.2 Personal information may be processed for the purposes of account opening, identity verification, RICA compliance, credit assessment, service provisioning, billing, debit order management, technical support, fraud prevention, security, network management, legal and regulatory compliance, debt collection and Client communications.
24.3 Comtel may share necessary personal information with FNOs, upstream providers, installation partners, support partners, payment processors, credit bureaus, debt collectors, professional advisers, regulators, law-enforcement bodies and other parties where required or permitted by law or necessary to provide the Service.
24.4 The Privacy Policy explains what information Comtel collects, the purposes for collection, retention periods, when information is shared and how data subject rights may be exercised.
25. Data Breach Notification
25.1 In the event of a security compromise involving personal information held by Comtel, Comtel will notify:
(a) the Information Regulator; and
(b) affected Clients whose personal information has been compromised,
as soon as reasonably possible after Comtel becomes aware of the compromise, in accordance with section 22 of POPIA.
25.2 Notification to affected Clients will be sent through the Client’s registered communication channel (email, WhatsApp or SMS).
25.3 Comtel will maintain an incident log recording the details of all security compromises involving personal information.
26. Debt Collection and Credit Reporting
26.1 If a Client fails to pay amounts due under the Agreement, Comtel may refer the account to attorneys or registered debt collectors and may recover reasonable collection costs to the extent permitted by law.
26.2 Comtel may report payment behaviour, defaults or arrears to registered credit bureaus in accordance with applicable law and any required notice process.
27. Limitation of Liability
27.1 To the maximum extent permitted by law, Comtel will not be liable for indirect, special, incidental or consequential loss, loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, third-party claims or losses caused by service interruption, degraded performance, third-party networks, the Client’s equipment, WiFi conditions, power failure, unlawful use, AUP enforcement or events outside Comtel’s reasonable control.
27.2 Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability arising from Comtel’s fraud, wilful misconduct or any other liability that applicable law does not permit Comtel to exclude.
28. Client Indemnity
28.1 The Client indemnifies Comtel, its officers, employees, contractors, agents, FNOs and support partners against claims, losses, damages, penalties, costs and expenses arising from:
(a) the Client’s breach of these Terms;
(b) unlawful use of the Service;
(c) breach of the Acceptable Use Policy;
(d) unauthorised resale or redistribution of the Service;
(e) infringement of third-party rights;
(f) misuse of Comtel-supplied equipment; or
(g) use of the Service by any person who accesses it through the Client’s account, premises, router, WiFi network or credentials.
29. Confidentiality
29.1 These Terms and Conditions, the AUP and other publicly available Comtel legal documents are not confidential.
29.2 Each party must keep confidential any non-public technical, commercial, security, pricing, business or account information received from the other party and may disclose it only to employees, contractors, professional advisers, regulators, courts, law-enforcement bodies or other persons who reasonably need to know it, or where disclosure is required by law.
30. Governing Law and Jurisdiction
30.1 These Terms are governed by South African law.
30.2 Subject to any statutory right that a Client may have to approach another competent forum, the parties consent to the jurisdiction of the competent courts in Cape Town for disputes arising from these Terms.
30.3 Nothing prevents Comtel from approaching any court with jurisdiction for urgent, interdictory, debt-collection or other appropriate relief.
31. Amendments to These Terms
31.1 Comtel may update these Terms from time to time.
31.2 Material changes affecting pricing, service levels, cancellation rights, AUP enforcement or Client obligations will be communicated through ClientZone, email, WhatsApp, SMS, website notice or another official channel where reasonably practicable.
31.3 The updated Terms will apply from the stated effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms, unless the Client has a lawful right to cancel and exercises that right before the effective date.
31.4 Comtel will maintain the current effective date on the published Terms. Archived versions of prior Terms are available on request.
32. Referral Programme and Gift Codes
32.1 General
32.1.1 Comtel operates two client acquisition programmes covered by these Terms:
(a) the Referral Programme (also called Earn Credit), under which a Referrer earns account credit when a person they refer connects to a Comtel service; and
(b) Gift Codes, being campaign acquisition codes that apply a once-off discount to a new Client’s setup fee.
32.1.2 Comtel competitions and competition prize vouchers are governed by a separate document — see clause 32.4.
32.1.3 For the purposes of this section:
(a) ”Referrer” means a Comtel Client, Business Client or Audience Member who refers a person to a Comtel service under the Referral Programme.
(b) ”Referee” means a person referred to Comtel by a Referrer.
(c) ”Audience Member” means a person who is not currently a Comtel Client and who has registered with Comtel through PlayComtel at play.comtel.co.za.
(d) ”Account Credit” means a credit recorded in the Client’s ledger that is offset against the Client’s future monthly Comtel invoices. Account Credit is not cash and, except where a competition prize expressly provides otherwise, may not be redeemed for cash.
(e) ”Gift Code” means a campaign code that, when validly redeemed, applies a once-off discount to a new Client’s setup fee per the reward profile held in Comtel’s central database.
(f) ”Referral Card” means a printed referral card couriered to a Client with their router, which a Referee may use to complete a friend-initiated referral under clause 32.2.4(b).
32.1.4 No stacking. A new Client may not combine a Gift Code with a Referral discount, or with any other promotion, in respect of the same signup. The Client receives one benefit or the other, not both. This does not affect a Client’s right to use Account Credit they have already earned, which continues to offset their monthly invoices as set out in clause 32.2.7.
32.1.5 Comtel may amend, suspend or withdraw either programme, or adjust benefit values, on at least 30 days’ written notice through ClientZone, email, WhatsApp, SMS, the Comtel website or another official channel. All benefit values are drawn from Comtel’s central database and are never fixed by this document.
32.1.6 Comtel does not condone, and reserves the right to act against, any conduct that abuses these programmes or that otherwise harms Comtel, its Clients, its partners or its network — including conduct not specifically described in these Terms. Where Comtel reasonably suspects fraud or abuse, it may withhold, reverse or cancel any benefit and take further action in accordance with clause 23 and the Acceptable Use Policy.
32.2 Referral Programme (Earn Credit)
32.2.1 The Referral Programme is open to Comtel Clients, Business Clients and Audience Members. A Referrer chooses whether they are referring a Home Fibre service or a Business Fibre service in their ClientZone or PartnerZone profile.
32.2.2 Referral values, drawn from Comtel’s central database, are:
(a) Home Fibre referral: the Referrer earns R250 Account Credit and the Referee receives R500 off; and
(b) Business Fibre referral: the Referrer earns R500 Account Credit and the Referee receives R1,000 off.
32.2.3 There is no limit on the number of referrals a Referrer may make.
32.2.4 A referral may be started in one of two ways:
(a) Referral (Referrer-initiated): the Referrer logs in to ClientZone or PartnerZone, selects the referral option and enters the Referee’s email address. Comtel sends the Referee an invitation link to fibre.comtel.co.za to complete their signup; and
(b) Referral Email (Referee-initiated): the Referee visits fibre.comtel.co.za, selects a package and enters the Referrer’s Comtel-registered email address in the referral field on the summary-checkout page. On validation, this links the referral to the Referrer’s account. This is the method used when a Referee redeems a Referral Card.
32.2.5 Comtel encourages Clients to share their Referral Card. A Referral Card may be passed on and used by any eligible Referee.
32.2.6 To qualify, a Referee must be a new Comtel Client for the referred service, in an area where that service is available, and must complete signup and go live.
32.2.7 Credit and discount are applied once the Referee’s service is activated and their first monthly invoice has been successfully processed. The Referrer’s Account Credit is recorded in their ledger and offsets their future monthly invoices.
32.2.8 If the Referee cancels their service within 30 days of activation, any credit and discount issued in connection with that referral will be reversed from both the Referrer’s and the Referee’s accounts.
32.2.9 Partners
32.2.9.1 Sales-Support Partners and Channel Partners may refer Home Fibre services only, earning R250 Account Credit per connected Home Fibre service, with the referred Client receiving R500 off. Partners do not refer Business Fibre services; businesses are onboarded as managed clients under the partner programme rather than through the Referral Programme.
32.2.10 Audience Members and banked credit
32.2.10.1 An Audience Member is not yet a Comtel Client. Account Credit earned by an Audience Member through referrals is banked in their profile and becomes available to offset their invoices if and when they activate their own Comtel service.
32.2.10.2 Banked Account Credit is earned per referral. Each banked credit amount expires 12 months after the date it was earned if the Audience Member has not by then activated a Comtel service. Comtel will send a quarterly summary, through a required account notification, setting out the Audience Member’s banked credit, the next applicable expiry date and related Comtel information.
32.2.10.3 Once an Audience Member activates a Comtel service, their banked Account Credit transfers to their Client ledger and is consumed against their monthly invoices in the ordinary way.
32.2.11 Participation in the Referral Programme constitutes acceptance of these Terms. Any dispute may be raised through Comtel’s complaints and escalation process in clause 20.
32.3 Gift Codes
32.3.1 Gift Codes are a new-Client acquisition tool. A valid Gift Code applies a once-off discount to the new Client’s setup fee — for example, a code that reduces the setup fee to zero. Gift Codes never apply a recurring discount; the monthly service charge is the same for all Clients.
32.3.2 The new Client enters the Gift Code in the gift-code field on the summary-checkout page at fibre.comtel.co.za. On validation, the setup-fee discount is shown before the Client pays. Where a Client arrives through a campaign link, the Gift Code may be applied automatically.
32.3.3 Gift Codes:
(a) are available to new Home Fibre Clients only — Business is partner-led and does not use Gift Codes;
(b) are valid for three months from issue;
(c) are limited to one redemption per Client;
(d) may not be combined with a referral discount or any other promotion, as set out in clause 32.1.4; and
(e) may carry an optional redemption cap per code, where Comtel chooses to apply one.
32.3.4 All Gift Code values, validity and rules are held in Comtel’s central database. Only codes loaded and approved by Comtel are accepted. Comtel may disable or void any Gift Code that is published, shared or used outside its intended campaign, or that is otherwise misused.
32.4 Competitions and Prize Vouchers
32.4.1 Comtel competitions, including any hosted through PlayComtel or third-party prediction platforms, and any competition prize vouchers, are governed by Comtel’s separate PlayComtel competition terms, available at play.comtel.co.za. Those terms apply in addition to these Terms for any Client or Audience Member who participates in a Comtel competition.