Terms of Service

These Terms of Service ("Terms") govern your use of the OneWISP Services, which comprise:

• The marketing website at one-wisp.co.za and the Apply / Contact forms on it (the "Site");
• The OneWISP web-based ISP management platform (the "Platform"); and
• The OneWISP-Field mobile companion app (the "Field App").

The OneWISP Services are operated by OneCarrier (Pty) Ltd ("OneWISP", "we", "us", or "our").

By accessing any part of the Services - browsing the Site, submitting an Application, signing into the Platform, downloading or signing into the Field App, or letting an authorised user do so on your behalf - you confirm that you have read, understood, and agreed to be bound by these Terms.

If you do not agree with any part of these Terms, do not access or use the Services.

• "Applicant" - any person or entity who submits an application through the Apply form.
• "Application" - a submission made through the Apply form, including all information, signatures and the generated PDF agreement.
• "Authorised User" - a natural person (staff member, contractor, or field technician) authorised by a Customer to access the Platform or the Field App.
• "Customer" - an ISP that has a counter-signed SLMaS Agreement in force with OneWISP.
• "Customer Data" - data the Customer or its Authorised Users load into the Platform, or capture through the Field App, about the Customer's own subscribers, staff, vehicles, and operations.
• "End Subscriber" - an end customer of a Customer ISP whose details appear in Customer Data.
• "Field App" - the OneWISP-Field Android mobile application, including its offline-first local storage and background sync.
• "Platform" - the OneWISP web-based ISP management platform.
• "Services" - the Site, the Platform, the Field App, and any related support or professional services.
• "Site" - the marketing website at one-wisp.co.za and the Apply / Contact forms hosted on it.
• "SLMaS Agreement" - the Software Licence, Maintenance and Support Agreement signed through the Apply flow and counter-signed by OneWISP.
• "User" - any person accessing any part of the Services, whether or not they are an Authorised User.

These Terms apply to every User of the Services - including casual website visitors, Applicants, and Authorised Users of Customers.

Where a Customer has a counter-signed SLMaS Agreement, that agreement governs the commercial relationship between OneWISP and the Customer. To the extent there is any conflict between these Terms and the SLMaS Agreement in respect of paid use of the Platform or the Field App, the SLMaS Agreement prevails for that Customer.

These Terms continue to apply, in addition to the SLMaS Agreement, to all other use of the Services (such as use of the Site, the Apply form, the contact form, and any pre- contractual or post-termination access).

The content on the Site - feature descriptions, pricing tiers, screenshots, dashboards and the description of OneWISP-Field - is provided for information only. Nothing on the Site constitutes a binding offer to provide the Platform or the Field App to you.

A binding agreement to provide the Platform and / or the Field App to you is formed only when:

• You complete and submit an Application through the Apply form;
• OneWISP, in its sole discretion, accepts your Application; and
• OneWISP counter-signs the SLMaS Agreement generated from your Application.

Until all three of these steps are completed, no contractual relationship exists between you and OneWISP, and OneWISP has no obligation to provide the Platform, the Field App, or any related Services, even if you have submitted an Application or received a reference number.

When you submit an Application, you warrant and represent to OneWISP that:

• All information you provide is true, accurate, complete and not misleading at the time of submission.
• The entity named as Applicant is a real, validly existing entity and has the legal capacity to enter into the SLMaS Agreement.
• The natural person submitting the Application and applying the electronic signature is duly authorised to act on behalf of the Applicant entity.
• The signature applied is a true electronic signature given with the intention to be bound by the SLMaS Agreement upon counter-signature.
• The Applicant has not been declared insolvent, placed under business rescue, judicial management or similar proceedings, and is not aware of any reasonable likelihood that this will occur.
• The Applicant is not subject to any sanctions list maintained by the United Nations, the European Union, the United States Office of Foreign Assets Control, or the South African Reserve Bank Financial Surveillance Department.

If any of the above warranties is or becomes untrue, OneWISP may reject the Application, decline to counter-sign, or terminate any agreement that has come into existence, without liability to the Applicant.

OneWISP receives Applications at its own discretion. We may, without giving reasons, decline any Application or refuse to counter-sign any generated SLMaS Agreement.

Reasons for declining include but are not limited to:

• Failure of identity, anti-money-laundering or sanctions checks.
• Concerns about the accuracy or completeness of the information provided.
• A view, formed in good faith, that the proposed use is not technically or commercially viable.
• A determination that OneWISP does not have capacity to onboard the Applicant.
• Any other reason OneWISP considers material, in its sole discretion.

OneWISP is not obliged to refund any costs incurred by the Applicant in preparing or submitting an Application that is subsequently declined.

Subject to a counter-signed SLMaS Agreement and payment of the applicable Charges, OneWISP grants the Customer a non-exclusive, non-transferable right to permit its Authorised Users to access and use the Platform during the Subscription Term.

The Customer is responsible for:

• Provisioning, suspending and deleting its own Authorised User accounts on the Platform.
• Ensuring that each Authorised User keeps their credentials confidential and does not share them.
• Promptly revoking access for any Authorised User who leaves or changes role.
• The legality, accuracy and quality of all Customer Data loaded into the Platform.
• Obtaining all necessary consents, mandates or notices from its End Subscribers and staff before loading their data into the Platform.

The Customer may not, and shall not permit any Authorised User or third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
• Sub-license, sell, rent, lease, time-share, or otherwise commercially exploit the Platform.
• Use the Platform to build a competing product or service.
• Use automated scripts to scrape, harvest, or extract data from the Platform other than through documented APIs and within applicable rate limits.
• Circumvent or attempt to circumvent any usage limit, including the Licensed Subscriber count on which the Customer's pricing tier is based.
• Tamper with the licence-validation mechanism described in Part D of the SLMaS Agreement.

The Field App is an extension of the Platform intended for use by Authorised Users who are field technicians of a Customer.

By installing, signing into, or using the Field App, you (the Authorised User) and the Customer that authorised you agree:

• The Field App is licensed, not sold. OneWISP grants a limited, revocable, non-exclusive, non-transferable, personal licence to install the Field App on a device controlled by the Authorised User and use it for the purposes of the Customer's ISP operations.
• The Field App may collect the location, photos, signatures, vehicle and stock records described in the Privacy Policy. The Authorised User is informed of this by the operating-system permission prompts when they first use a feature.
• The Customer remains the responsible party under POPIA for all Customer Data captured through the Field App, including data about End Subscribers visited by the technician.
• The Authorised User is responsible for the security of the device on which the Field App is installed and for signing out when handing over or disposing of that device.
• OneWISP may revoke access to the Field App at any time on instruction from the Customer or where these Terms are breached.

The Field App must not be used to:

• Fabricate or backdate site visits, speed tests, vehicle inspections, fuel records, or odometer readings.
• Tamper with, spoof, mock, or otherwise falsify the GPS coordinates attached to any captured event.
• Submit fake or AI-generated photos in place of real site or vehicle photos.
• Capture media, signatures or personal information about a person without their consent and lawful basis under POPIA.
• Capture media, signatures or personal information that has no legitimate connection to the Customer's ISP operations.
• Install the Field App on a device the Authorised User does not control, or share their account with another person.
• Decompile, disassemble, reverse engineer, modify, repackage, or distribute the Field App or any component of it.
• Run the Field App on a device that has been jailbroken, rooted, or otherwise has its operating-system security model compromised.

A breach of this section by an Authorised User is also a breach by the Customer that authorised them, and entitles OneWISP to suspend or terminate access without notice and without liability.

The Field App is provided "as is" and "as available". OneWISP does not warrant that it will work on every device, every operating-system version, or in every signal condition. The offline-first sync engine is intended to minimise data loss but, given the realities of consumer mobile devices, OneWISP cannot guarantee that no data will ever be lost; the Customer is responsible for its own backup of critical records.

You may use the Services only for lawful purposes. You must not:

• Submit any Application or contact-form message on behalf of a person or entity without their authority.
• Submit false, misleading or fraudulent information through any part of the Services.
• Use any part of the Services to send spam, threats, harassment, hateful content, sexually explicit content, or any unlawful content.
• Attempt to gain unauthorised access to the Services, any tenant other than your own, any account, any database, any IP block, or any infrastructure connected to OneWISP.
• Disable, overburden, impair or interfere with the proper functioning of any part of the Services, including by way of denial-of-service, brute-force, scraping or automated submission techniques.
• Use the Services to develop, train, or fine-tune a competing product, service or model.
• Copy, scrape, mirror, frame, or otherwise reproduce material from the Services beyond fair use, without our prior written consent.
• Use any signed agreement generated through the Apply flow to imply a contractual relationship with OneWISP that has not been established by counter-signature.

OneWISP reserves the right to block, throttle, suspend, or remove any User, IP address, Application, contact submission, Platform tenant, or Field-app installation that, in its reasonable view, breaches this section.

The OneWISP brand, the OneWISP and OneWISP-Field names and logos, the design, layout and source code of the Site, the Platform and the Field App, all marketing copy, all screenshots, and the structure of the generated SLMaS Agreement, are owned by OneCarrier (Pty) Ltd or its licensors and are protected by South African and international intellectual property laws.

You are granted a limited, revocable, non-exclusive licence to view the Site for the purposes of evaluating the Services and (where applicable) submitting an Application. Licences to use the Platform and the Field App are granted separately under the SLMaS Agreement and in the Field App section above. No other rights are granted.

You may share an unmodified copy of the signed SLMaS Agreement generated through the Apply flow internally within your organisation and with your professional advisers. You may not redistribute it publicly or commercially exploit it.

Any feedback, suggestions or ideas you send to OneWISP (whether through the contact form, support tickets, in-app prompts or otherwise) may be used by OneWISP for any purpose, without obligation or compensation to you.

Customer Data remains the property of the Customer. Nothing in these Terms transfers ownership of Customer Data to OneWISP.

OneWISP treats information you submit through the Apply form, the contact form, the Platform and the Field App as confidential and will only use it as described in our Privacy Policy and the SLMaS Agreement.

Likewise, any non-public information you receive from OneWISP about pricing, functionality, roadmap, or commercial terms - whether in writing, on a call, in product documentation, in a generated SLMaS Agreement before counter-signature, or through in- app dialogs - must be kept confidential by you and used only to evaluate whether to enter into or continue the SLMaS Agreement.

The Site, the Platform and the Field App are provided "as is" and "as available". To the fullest extent permitted by applicable law, OneWISP makes no representations or warranties of any kind, express or implied, regarding:

• That any part of the Services will be uninterrupted, secure, or error-free at any given time.
• That any information on the Site is current, complete, or fit for any particular purpose.
• That the Platform will be compatible with every browser version or third-party integration.
• That the Field App will be compatible with every device, every operating-system version, or every signal condition.
• That defects will be corrected within any particular timeframe.
• That the Services, including any links or third-party integrations, are free of viruses, malware, or other harmful components.

Specific warranties (and the corresponding service-level commitments) for the Platform and the Field App are set out only in the counter-signed SLMaS Agreement and its annexures, and not in these Terms.

To the fullest extent permitted by applicable law, OneWISP, its directors, employees, contractors, and agents shall not be liable for:

• Any indirect, special, incidental, consequential, exemplary or punitive damages arising out of or in connection with your use of the Services - including loss of profits, loss of business, loss of data or loss of goodwill - even if OneWISP has been advised of the possibility of such damages.
• Any loss arising from your reliance on information contained on the Site.
• Any loss arising from your inability to access the Services or any delay or failure to process an Application.
• Any loss caused by signal-related, device-related, operating-system-related, or third-party-integration failures that prevent the Platform or the Field App from operating as intended.
• Any loss arising from unauthorised access to your information, except to the extent caused by OneWISP's gross negligence or wilful misconduct.

To the fullest extent permitted by law, the aggregate liability of OneWISP to any User in respect of any and all claims arising out of or in connection with the Site or any Application (regardless of the form of action) shall not exceed ZAR 1,000.00. Where a counter-signed SLMaS Agreement is in place, the liability cap in that agreement governs claims arising from the Platform and the Field App instead of this cap.

Nothing in these Terms excludes or limits any liability that may not be excluded or limited under applicable law, including under the Consumer Protection Act 68 of 2008, where it applies.

You indemnify and hold harmless OneWISP and its directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees on an attorney-and-own-client scale) arising out of or in connection with:

• Your breach of these Terms or the SLMaS Agreement.
• Any false, inaccurate or misleading information you submitted through any part of the Services.
• Your use of the Services in breach of applicable law.
• Any claim by a third party that you submitted an Application or contact form on their behalf without authority.
• Any claim by an End Subscriber, member of staff, or other third party in respect of Customer Data captured by you or by an Authorised User through the Platform or the Field App, unless caused by OneWISP's gross negligence or wilful misconduct.

We may, at our sole discretion and without notice, suspend or remove your access to any or all of the Services, block your IP address, refuse to accept further Applications from you, deactivate a Customer tenant, revoke Field-app sessions, or delete any Application or contact submission that, in our reasonable view, breaches these Terms, the SLMaS Agreement, the Privacy Policy, is abusive, or poses a security risk.

Sections of these Terms that by their nature should survive (including the Confidentiality, Intellectual Property, Liability and Indemnity sections) will survive such suspension or removal.

We may update these Terms from time to time. The "last updated" date at the top of the Terms will tell you when. Material changes will be flagged on the Site, in the Platform and in-app in the Field App.

Your continued use of the Services after a change indicates your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Services.

These Terms, and any non-contractual obligation arising out of or in connection with them, are governed by the laws of the Republic of South Africa.

You and OneWISP submit to the exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms or the Services, subject to OneWISP's right to seek urgent interim relief in any court of competent jurisdiction.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.

No waiver. A failure by OneWISP to enforce any provision of these Terms is not a waiver of that provision or any other provision.

No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and OneWISP.

Entire agreement. These Terms, together with the Privacy Policy and - where applicable - the counter-signed SLMaS Agreement, constitute the entire agreement between you and OneWISP relating to use of the Services.

Contact. Any notice under these Terms may be sent to admin@one-wisp.co.za.