- Payment Options
- Wireless Network and Wireless Equipment
- Terms and Conditions Specific to Wireless Equipment Rental
- Equipment Rental
- AFUP Introduction
- Compliance with Applicable Laws and Regulations
- Transmission of Data
- Uncapped Acceptable & Fair Usage Policy
- System and Network Security
- Disclaimer and Indemnity
- E-mail Use
- Public Relay
- Interception and Monitoring
- Takedown Notices
- Complaints / Failure to Observe this AFUP
Subscription – Pay monthly by debit order.
I/We acknowledge that termination of this contract is not possible within the first five (5) months and agree to give one calendar month's written notice to terminate this contract.
Should I/we fail to pay my/our account I/we shall be liable for any collection, tracing and/or legal fees. I/we confirm that the abovementioned physical address is my/our domicilium citandi et executandi. I/We indemnify Bosveld Communications against any damage, loss, claims or cost that may result from work being done in connection with the service being rendered, removal of the service and/or my/our computer equipment not being compatible. I/We acknowledge that I/we will be charged additional fees for work or maintenance outside the normal equipment warranty required to be done by Bosveld Communications. I/We agree that this additional work should be paid on receipt of invoice or alternatively it will be added to the monthly subscription fee. Use of Internet related services is subject to our acceptable use policy (AUP). Bosveld Communications will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, direct, or otherwise, even if Bosveld Communications has been advised of the possibility of such damages. In particular Bosveld Communications or its Agents will not be liable for any loss of data due to a software security breach, virus infection or any other form of data loss that can be incurred while connected to the internet or otherwise. I/We warrant that I/we have read and accept Bosveld Communications Standard Terms and Conditions and Acceptable use Policy (AUP) available upon request.
The Applicant consents to the jurisdiction of any competent South African Magistrate's court for the adjudication of any legal dispute between Bosveld Communications and the Applicant and these terms and conditions will be construed and interpreted in accordance with the law of the Republic of South Africa.
The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by Bosveld Communications and the Applicant.
In the event that any of the terms of this contract are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
On-site support is charged at Bosveld Communications current rates.
Installation (equipment) is available at a once-off cost of R2500.00 all inclusive (Travel, brackets, cable, antenna’s etc.). The Installation of the wireless internet system includes the connection of PC’s or equipment already networked to the Internet (on the day of installation). Additional cabling for PC’s and extra networking, can be quoted to the client. The Wireless Installer has sufficient knowledge to connect PC’s to the internet but may not be an IT professional and as such may not do IT maintenance or support.
Please note that there is absolutely no guarantee against lightning on the equipment. Please take the necessary precaution to avoid lightning damage. Make sure that equipment is specified on your insurance. Help prevent lightning damage by unplugging both cables from the PoE in case of thunderstorms and/or lightning.
We do not discriminate and all packages are linked via fibre to Teraco and Neotel.
We DO provide email addresses but you may use a free email provider such as Gmail or your own provider. Please make sure that they can authenticate themselves. Bosveld Communications reserves the right to modify prices on one month’s notice and new pricing will apply to this agreement after the notice period unless the agreement is cancelled in writing by me/us.
Payment Options: Monthly by debit order or EFT. EFT payment must reflect before on on the 7th of each month. All prices include VAT. Interest at 2.5% p/m will be charged on overdue accounts.
If paying by EFT please include INVOICE NR as to allocate funds received to correct account.
Cancellations of services require one calendar month’s written notice from day cancellation is sent. If additional or other services rendered as per contract period signed.
All packages are true uncapped. NO daily limits or throttling gets implemented on our network. Torrents (p2p) may get shaped during office hours.
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
1.2 In these Wireless Equipment Rental Terms: 1.2.1 “Coverage Area” means coverage area falling within the signal radius of the Wireless Network;
1.2.2 “CPE Device” means the customer premises equipment which shall be installed by Bosveld Communications on the exterior of Customer’s premises;
1.2.3 “Equipment” means the CPE Device (including software, hardware, cables, connectors), which meets the requirements of the Wireless Equipment Rental selected by Customer in the Application Form and rented by Bosveld Communications to Customer in terms hereof, to enable connectivity to the Wireless Equipment;
1.2.4 “Operator” means Bosveld Communications
1.2.5 “Service Centre” means the Operator’s support services center situated at: (i) 99A Doornkraal Street Polokwane. Bosveld Communications may have various data centers in its network.
1.2.6 "PECN" means private electronic communications network as defined in the Electronic Communications Act;
1.2.7 “Wireless Equipment” means a wireless link created within the Wireless Network which wireless link is connected between the CPE Device and the Wireless Network in order to: (i) enable the PECN; and (ii) enable access to and use of the Wireless Network by Customer via, the Wireless Equipment Rental;
1.2.8 “Wireless Equipment Fees” means the fees which are payable by Customer to Bosveld Communications in respect of all fees and charges levied by the Operator to Bosveld Communications attributable to the Wireless Equipment including, but not limited to application, installation maintenance, support and repair fees;
1.2.9 “Wireless Equipment Rental” means the wireless services contemplated in this Agreement, which Bosveld Communications renders to Customer in accordance with Customer’s choices, as set out in the Application Form under such heading or description comprising of: (i) the leasing of the Wireless Equipment to Customer; (ii) configuration of the Equipment; and (iii) the management of the Wireless Link on behalf of Customer, as contemplated below;
1.2.10 “Wireless Network” means the wireless network connection operated by Operator in the unlicensed frequency spectrum in accordance with the provisions of the ECA, over which the Wireless Link is created in order to ensure a secure private link over a public/private network required for the provision of the Wireless Equipment Rental.
“capped” means packages that allow the user a predetermined amount of data, but suspend connection once the user reached the predetermined limit;
“infrastructure” means all facilities, equipment, software and other amenities owned or leased by the service provider and utilised in or related to the provision of the service.
“service provider” means Bosved Communications , a Company registered in terms of the Companies Act of 2008, with registration number: 2004/086844/23 and with place of business at 99A Doornkraal Street, Annadale, Polokwane ;
“service” means any service which the user receives from the service provider, including but not limited to any form of internet or network access and any other related services such as hosting, mailbox, VoIP, VPN, etc;
“uncapped” means packages where the user’s connection is never suspended, irrespective of how much data the user uses. There will, however, be instances where throttling or shaping may occur at threshold levels to ensure sustainability of the service for all users;
“unlimited” means packages where there are literally no limits, there are therefore no throttling or shaping and no restrictions on use;
2.1 Either Party may terminate Wireless Equipment Rental at the end of the 5 month period by giving the other Party 1 (one) calendar month written notice of termination prior to the end of the Initial Period.
2.2 If neither Party has given notice as contemplated in clause 2.1 above, Wireless Equipment Rental shall endure indefinitely thereafter on the same terms and conditions, provided that either Party shall be entitled to terminate Wireless Equipment Rental on 1 (one) calendar months written notice to the other to that effect.
2.3 Notwithstanding any provisions to the contrary in the Agreement, Bosveld Communications shall (without payment of any penalty of whatsoever nature), be entitled to terminate Wireless Equipment Rental at any time (during the Initial Period or any renewal period thereof) on 30 (thirty) day’s written notice to Customer.
2.3.1 Should the Coverage Area be compromised; or
2.3.2 if the quality of the Wireless Link or the operation of the Wireless Network is adversely affected due to any act or omission of Customer; or
2.3.3 Should Bosveld Communications’s agreement with the Operator terminate for whatever reason; or
2.3.4 Should Bosveld Communications suspend or terminate its wireless network deployment for whatever reason; or
2.3.5 should Bosveld Communications be required to do so by ICASA or in terms of any relevant legislation applicable to the usage of the unlicensed spectrum; or
2.3.6 Upon request thereto by other telecommunication service providers due to breach by Customer of any of the terms and conditions applicable to the access and/or use of the Wireless Link; or
2.3.7 should Customer’s access and/or use of Wireless Equipment be in contravention of this Agreement or Bosveld Communications’s policies and/or any applicable legislation; and/or
2.3.8 Should the regulator make changes to the unlicensed spectrum which impacts on the provision of the Wireless Equipment Rental, Wireless Network and/or Wireless Link.
2.4 Bosveld Communications shall have the right at any time, and without liability, to immediately suspend its provision of the Wireless Equipment Rental and continue to charge Customer therefore, if it is notified by the Operator that
2.4.1 In the Operator’s opinion, the quality of the Wireless Link may be or is impaired, or otherwise adversely affected, due to any act or omission of Customer;
2.4.2 Any Equipment has been reverse engineered, decompiled, modified or tampered with in any way;
2.4.3 Non-payment in terms of this Agreement of any Service Fees payable;
2.5 Upon termination of the Wireless Equipment Rental for any reason whatsoever Customer shall provide Bosveld Communications with the necessary co-operation and assistance to arrange for the removal of the Equipment from Customer’s premises.
3.1 Customer shall pay Bosveld Communications the Services Fees specified in the Application Form in accordance with the provisions set out in the General Terms.
3.2 The Wireless Equipment Fees payable by Customer shall form part of the Service Fees and all provisions in the Agreement relating to the payment of the Service Fees will be applicable to the Wireless Equipment Fees. Bosveld Communications may include such Wireless Equipment Fees in the Service Fees even if it is not due or paid by Bosveld Communications to the Operator yet, provided that the Operator has invoiced Bosveld Communications for such fees and charges.
3.3 Should Customer move and/or relocates to a different location and/or premises, Bosveld Communications shall charge Customer for the moving and/or relocation of the Equipment to new premises and/or location which includes without limitation the: (i) on-site survey fees: (ii) Equipment and/or Wireless Equipment installation fees; and/or (iii) set up fees. The aforementioned fees shall be included in Customer’s monthly invoice, which shall be payable by Customer in accordance with the provisions of the General Terms.
4. Wireless Network and Wireless Equipment
4.1 In order to have access to the Wireless Network, a Wireless Link is required and for these purposes, Bosveld Communications will contract directly with the Operator, in its own name, for the provision of the Wireless Equipment.
4.2 The provision of the Wireless Equipment by Bosveld Communications to Customer as envisaged above is subject to the approval of the Operator.
4.3 Wireless Equipment is provided subject to any terms that the Operator may impose from time to time.
4.4 Wireless Network is designed, created and operated over the unlicensed frequency spectrum.
4.5 A Wireless Link is created over the Wireless Network.
4.6 Bosveld Communications will manage the Wireless Link including the Equipment on behalf of Customer.
4.7 Customer shall (without prejudice to Bosveld Communications’s rights to claim payment for any outstanding amount for the services rendered), not be entitled to terminate Wireless Equipment Rental should the Wireless Link remain unavailable due to an Uncontrollable Event. If an Uncontrollable Event continues for a period of more that 60 (sixty) days, then the Customer may terminate this Agreement by written notice to Bosveld Communications by reason of such Uncontrollable Event.
4.8 The quality of the Wireless Link is dependent upon the quality and capacity available to the Wireless Network which is subject to any technological constraints affecting the Wireless Network. Customer shall therefore not be entitled to terminate Wireless Equipment Rental as a result of any impairment to the quality of the Wireless Link and/or quality and/or capacity of the Wireless Network which impacts on Customer’s access and usage of the Wireless Equipment Rental.
4.9 Wireless Network including the Wireless Link are created over the unlicensed frequency spectrum and although Bosveld Communications and the Operator uses reasonable commercial endeavors to: (i) ensure the: (a) operation; (b) availability; and (c) functionality of the Wireless Network including the Wireless Link; and (ii) , attend to any unavailability including failures and/or errors impacting on the Wireless Network, including the Wireless Link, in terms of any obligations placed on it in terms of this Agreement. Bosveld Communications and the Operator do not represent, warrant or guarantee the operation, availability, capacity, or functionality of the Wireless Network including the Wireless Equipment.
4.10 Although Bosveld Communications and the Operator uses reasonable commercial endeavors to ensure the security of the Wireless Link, Bosveld Communications and the Operator do not in any manner whatsoever warrant, represent and/or guarantee the security of the Wireless Link, Customer is therefore advised to ensure the security of its network infrastructure.
4.11 Bosveld Communications and the Operator shall not be liable under any circumstances for any loss or damage caused by or arising in any manner whatsoever from the: (i) unavailability of the Wireless Network, of the Wireless Network and/or Wireless Link; and/or (iii) breach of the security of the Wireless Link and/or Customer’s network infrastructure.
5. Terms and Conditions Specific to Wireless Equipment Rental
5.1 The Equipment will be rented to Customer subject to the provisions of clause 6 below.
5.3 Wireless Equipment Rental is provided subject to this Agreement and all relevant laws and regulations applicable from time to time.
5.4 Bosveld Communications will only provide Customer with use of the Wireless Equipment Rental provided Customer pays the Services Fees set out in the Application Form. 5.5 Upon approval of Bosveld Communications’s application for the Wireless Link by the Operator, Bosveld Communications shall notify Customer with regard to the installation date and time. Bosveld Communications cannot guarantee the installation date and time, but will use reasonable efforts to ensure that the anticipated installation date and times are met. Bosveld Communications will inform Customer as soon as possible if it is unable to attend a set appointment. Customer shall also not be entitled to cancel Wireless Equipment Rental or refuse to accept installation, set-up and or configuration of the Equipment as a result of Bosveld Communications’s failure to meet anticipated installation date and times.
5.6 Customer shall prior to the installation date:(i)appoint a designated person to manage the installation project on Customer’s behalf;(ii)prepare the premises and/or the area where installation will be done for installation purposes; and (iii) notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant) about the installation date and time.
5.7 Customer warrants that:
5.7.1 The premises and/or the area where installation will be done, meet the requirement of the Occupational Health and Safety Standards;
5.7.2 In the case of rented premises the landlord and/or governing body(ies) have given Customer the necessary written approvals to allow Bosveld Communications to commence and perform the Installation Work.
5.7.3 In the case of rented premises the landlord and/or the governing body(ies) are aware of: (i) the installation work to be done; (ii) what such installation entails; and (iii) the installation date and time; and
5.8 Customer hereby indemnifies Bosveld Communications and/or the Operator against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranties contained in this clause
5.9 Bosveld Communications and/or the Operator including any of their respective agents or contractors shall on the installation date and during hours, attend to:
5.9.1 The installation of the Equipment; and
5.9.2 Set-up and/or configuration of the Equipment.
5.10 Customer shall allow Bosveld Communications and/or the Operator including their agents or contractors, all reasonable access to Customer’s premises and/or property for the purposes set out in clauses 5.9.1 and 5.9.2 above. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee), that installation and set-up and/or configuration of the Equipment was done shall constitute proof that it was done according to specification and Agreement.
5.11 Bosveld Communications may be required to: dig, drill, remove pavement, carpets, tiles, and ceilings, apply glue or perform any other act in order to install the Equipment (“Installation Work”). Customer hereby gives Bosveld Communications the permission to perform such Installation Work.
5.12 Bosveld Communications will use reasonable commercial endeavors to ensure that the Installation Work is performed in a professional manner without causing any damage to Customer’s or any other third party’s premises or property.
5.13 Bosveld Communications cannot guarantee that work will be performed without errors, faults and/or causing damages of whatsoever nature to Customer’s or any other third party’s premises or property.
5.14 In the event of any such damage to Customer’s or any other third party’s premises, installation area or property, Customer shall indemnify Bosveld Communications and/or the operator from any claim arising as a result of such damage and Customer shall not hold Bosveld Communications and/or the Operator including their contractors and/or agents liable under any circumstances, for any loss, damage, costs or expense whatsoever caused by or arising in any manner whatsoever from any action or omission of Bosveld Communications, the Operator and/or its contractor’s.
5.15 Customer shall when required, allow Bosveld Communications and/or Operator including their respective agents all reasonable access to its premises for the purposes of the reinstallation, re-set-up, re-configuration and maintenance and repair of the Equipment.
5.16 Bosveld Communications shall be entitled to change the Wireless Equipment Rental Services (which may include without limitation the amendment of the technical parameters and/or specification relating to the Wireless Equipment Rental), at any time during the Initial Period and/or any renewal thereof on 30 (thirty) days written notice to Customer.
5.17 Customer may not terminate Wireless Equipment Rental, other than as contemplated in clause 2 above, should such Wireless Link not be available to Customer at any stage during the term of Wireless Equipment Rental for any reason whatsoever.
5.18 The provision and/or availability of the Wireless Equipment Rental are inter alia subject to the operation of the Wireless Network and the Wireless Link.
5.19 Notwithstanding anything that might indicate the contrary, Customer shall at all times comply with all terms and conditions and/or limitations imposed by Bosveld Communications on the Wireless Link including Wireless Network for the duration of the Wireless Equipment Rental.
5.20 The Customer shall at all times comply with all terms and conditions and/or limitations imposed by Bosveld Communications on the Wireless Link including Wireless Network for the duration of the Wireless Equipment Rental.
6. Equipment Rental
6.1 Bosveld Communications hereby leases the Equipment to Customer who accepts such rental.
6.2 The Equipment will at all times remain the property of Bosveld Communications and Customer agrees that he/she/ it will never become owner the Equipment.
6.3 The Equipment shall at all times be regarded as a movable property and shall not become part of the property.
6.4 Bosveld Communications shall have the right to enter Customer’s premises in order to remove the Equipment upon termination of the Wireless Equipment Rental.
6.5 Bosveld Communications shall at its own costs and expense deliver the Equipment at Customer’s premises. A signed delivery note by Customer (including his/her/its employee, representative or nominee) shall constitute proof that the Equipment was delivered to and received by Customer in good condition.
6.6 Upon delivery of the Equipment as envisaged in clause 6.5 above, Customer shall bear all risk of loss, theft, damage and/or destruction of the Equipment while housed at Customer’s premises for an amount equal to the full replacement value thereof. Customer shall make its own arrangements regarding the insurance of the Equipment.
6.7 Customer shall not allow any third party to take possession of the Equipment unless duly authorized thereto by Bosveld Communications. Should any third party take possession of the Equipment without the said authorization, the replacement value thereof shall immediately be due and payable by Customer.
6.8 If the premises at which the Equipment will be installed is rented:
6.8.1 Customer shall:
188.8.131.52 Advise Bosveld Communications in writing of the name and address of the landlord as well as any changes thereto;
184.108.40.206 Not move the Equipment without Bosveld Communications’s prior written consent;
6.8.2 Customer warrants that the landlord and/or governing body(ies) have been informed that the Equipment belongs to Bosveld Communications and can therefore not be subject to a lien or landlord hypothec. Customer hereby indemnifies Bosveld Communications against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranty contained in this clause.
6.9 Customer shall only use the Equipment in conjunction with the Wireless Equipment Rental Services. Under no circumstances will Customer or anyone else be allowed to: (i) access and/or tamper with the Equipment. (ii) Move the Equipment to any other location and (iii) use the Equipment for any other purpose.
6.10 Access to the Equipment shall be restricted to Bosveld Communications.
6.11 Customer shall use the Equipment solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, sell, re-sell, lease, sub-lease and/or lend the Equipment in any manner whatsoever to any third party without Bosveld Communications’s prior written consent.
7. AFUP Introduction
7.1 This Acceptable & Fair Use Policy (“AFUP”) serves to define the accepted behaviour of users of the network and systems (“infrastructure”) of Bosveld Communications (“the service provider”), and is intended to maintain the integrity and quality of the service and protect the users and the infrastructure from abuse. Users are required to adhere to all the policies specified in this AFUP without exception.
7.2 This AFUP forms part of and is hereby incorporated by reference into the General Terms and Conditions governing the provision of the service. An updated copy hereof will be available at https://bosveld.co.za/index.php/t-s-c-s
7.3 This AFUP may be amended from time to time as required by legal developments. While the service provider will take steps to notify users of amendments, users retain the sole responsibility for acquainting themselves with such amendments and will be regarded as having agreed thereto through continued use of the service.
7.4 This AFUP applies to and will be enforced for intended and unintended (like viruses and other unknown causes) prohibited usage.
8. Compliance with Applicable Laws and Regulations
8.1 The service provider’s infrastructure and the service provided may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa.
8.2 Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
8.3 In compliance to regulations, the service provider will only record usage per connection as per Radius AAA (https://en.wikipedia.org/wiki/RADIUS), not recording usage per physical device.
8.3.1 The broadband router serial number (mac address) is logged on each session together with the PPPoE session.
8.3.2 Radius AAA PPPoE, the industry standard for data usage accounting, is used and is 100% accurate.
8.3.3 In the case of data consumption discrepancies, no data disputes will be investigated due to the accuracy of PPPoE Radius AAA.
9. Transmission of Data
9.1 The user acknowledges that the service provider is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material and associated materials such as traffic data created or accessible over its infrastructure. The service provider is not responsible for the content of any messages or other information transmitted over its infrastructure.
9.2 The user acknowledges further that the service provider is under no general obligation to monitor traffic passing over the infrastructure and the Internet.
10. Uncapped Acceptable and Fair Usage Policy
10.1 The service provider has several uncapped packages that are designed to address several needs of users. It is the user’s responsibility to select the appropriate package for the user’s required speed and usage application. The user acknowledges that the speed of the capped and uncapped budget packages are “up to” speeds and not guaranteed fixed speeds.
10.2 The uncapped packages are not capped in the ordinary course. However, the service provider reserves the right to apply restrictions on any uncapped account if the user’s behaviour is determined to be affecting the experience of other users on the service provider network.
10.3 Such restrictions may include, but is not limited to, throttling the user’s throughput speeds to an appropriate proportion of the actual port speed and/or shaping the user’s bandwidth to limit the use of bandwidth intensive protocols and applications. Premium uncapped accounts are not throttled.
10.4 Examples of user behaviour which may compromise the network include, but is not limited to, causing network congestion, including running excessive concurrent internet sessions or accessing excessive bandwidth intensive protocols like peer-to peer.
10.5 The service provider reserves the right to terminate the account of a user whose usage is continuously affecting the service provider’s network performance.
10.6 The service provider reserves the right to suspend the user’s usage within 24 hours of the usage reaching the unacceptable levels. Users who are restricted by the service provider in this manner in a calendar month will be returned to the user’s full service profile at the beginning of the subsequent month.
10.7 All these controls will be implemented by the service provider in addition to those remedies set out in this AFUP regarding unlawful behaviour.
10.8 Monthly Thresholds:
3 Mbps: 200GB
5 Mbps: 300GB
7 Mbps: 450GB
9 Mbps: 550GB
10.9 The service provider reserves the right to amend and/or update monthly thresholds at any time without prior notice.
11. System and Network Security
11.1. Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through the service provided) and includes but is not limited to the infrastructure of the service provider. The user may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
11.2 Violations of system or network security by the user are prohibited and may result in civil or criminal liability. The service provider will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
11.2.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures;
11.2.2 Unauthorised monitoring of data or traffic on the network or systems;
11.2.3 Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
11.2.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
11.3 All services rendered is subject to available bandwidth, data storage and other limitations of the service provided, which the service provider can from time to time revise at its own discretion and without prior notice to the user.
11.4 The service provider reserves the sole discretion to determine whether usage of the service interferes with other users’ use and enjoyment of any services provided by the service provider over the network.
11.5 It is the user’s responsibility to implement security measures, including but not limited to:
11.5.1 changing the internet password;
11.5.2 changing the router password;
11.5.3 installing licensed internet security software that completely addresses the user’s needs;
11.5.4 monitoring own usage for any irregularities.
12. Disclaimer and Indemnity
12.1 The service provider disclaims all and any liability for any claim or action or other legal proceeding, howsoever arising, from unacceptable use or use in contravention of this AFUP of the service or the service provider’s infrastructure by users, including special and consequential damages and damages for loss of profits and pure economic loss.
12.2 The user agrees to indemnify and hold the service provider harmless in respect of liability for any claim or action or other legal proceeding, howsoever arising, from unacceptable use or use in contravention of this AFUP or of the service or the service provider’s infrastructure by users, including special and consequential damages and damages for loss of profits and pure economic loss.
13. E-mail Use
13.1 It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc.). This is strongly objected to by most Internet users and the repercussions against the offending party and the service provider and can often result in disruption of service to other users.
13.2 Users’ attention is drawn to section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (Republic of South Africa) and the fact that failure to comply with the provisions of section 45 can result in criminal liability.
13.3 Maintaining of mailing lists by users of the service is acceptable only when done with the written permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
13.4 The service provider reserves the right to request that a user provide documentary evidence of the written permission or approval obtained by the user in respect of any complaining third party or parties and users consent to delivering such material within 48 hours of receipt of a written request from the service provider to this effect. Failure to respond timeously to such a request will constitute grounds for termination or suspension of the user’s account or such other sanction as may be proportionate in the circumstances.
13.5 Users may not forward or propagate chain letters nor malicious emails.
14. Public Relay
14.1 Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
14.2 The service provider reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. The service provider also reserves the right to examine the mail servers of any users using mail servers provided by the service provider for “smart hosting” (when the user relays its mail off a service provider mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in a manner aimed at preserving customer privacy.
14.3 Notwithstanding measures taken by the service provider in this regard users acknowledge that the responsibility for taking reasonable measures to secure their mail servers against public relay remains solely that of the user and the service provider will accept no liability in this regard (unless arising from its own negligence in the securing of mail servers owned by it).
15. Interception and Monitoring
15.1 Users expressly acknowledge the fact of and consent to the lawful monitoring and interception of traffic carried over the service provider’s infrastructure by the service provider or related entities under the following circumstances:
15.1.1 Where required under the provisions of the Interception and Monitoring Prohibition Act No 127 of 1992 or the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) or any other law;
15.1.2 Where required by court order;
15.1.3 Where required for the maintenance of system and network integrity and security;
15.1.4 Where required for the efficient provision of services, including billing and bandwidth and performance monitoring;
15.1.5 Where required for the actioning of a takedown notice or complaint in terms of this AFUP.
15.2 The service provider will undertake interception and monitoring in accordance with the following principles:
15.2.1 The privacy of users is a fundamental right and any interception and monitoring will accordingly be reasonable and proportionate according to the circumstances;
15.2.2 The actual content of any private communication will not be accessed unless required by law or otherwise regarded as necessary for the achievements of one or more of the objectives set out above;
15.2.3 Staff and specifically contracted entities will be bound by confidentiality agreements in respect of interception and monitoring activities.
15.3 The user acknowledges that the service provider is lawfully required to intercept communications in terms of the provisions of RICA. Any interception of communications shall be in accordance with RICA, as and when required under RICA.
16. Takedown Notices
16.1 The procedure in respect of take-down notifications is laid out in section 77 of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECT Act”).
16.2 The essence of the procedure is that a complainant who believes that an ISP is providing services which infringe his or her rights may issue a notification to the ISP or its designated agent, requesting that such services be terminated.
16.3 Under section 77 of the ECT Act a take-down notice must contain the following information:
16.3.1 the full names and address of the complainant;
16.3.2 the written or electronic signature of the complainant;
16.3.3 identification of the right that has allegedly been infringed;
16.3.4 identification of the material or activity that is claimed to be the subject of unlawful activity;
16.3.5 the remedial action required to be taken by the service provider in respect of the complaint;
16.3.6 telephonic and electronic contact details, if any, of the complainant;
16.3.7 a statement that the complainant is acting in good faith; and
16.3.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
16.4 The service provider will take such steps as are available to alert any affected user of the receipt of a takedown notice but is under no obligation to do so. Users acknowledge and agree that they will co-operate fully with the service provider where it is required by a validly issued take down notice to remove content or disable access to content.
16.5 Users are encouraged to voluntarily remove any content which is the subject of a takedown notice.
17. Complaints / Failure to Observe this AFUP
17.1 Upon receipt of a complaint, or having become aware of an incident, the service provider reserves the right to, as may be applicable:
17.1.1 Limit the user’s throughput;
17.1.2 Prevent or limit the service of the user through specific ports or communication protocols;
17.1.3 Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AFUP.
17.1.4 In the case of individual users, suspend the user’s account and withdraw the user’s network access privileges completely.
17.1.5 Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
17.1.6 In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means.
17.1.7 Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
17.2 The service provider reserves the right to take any one or more of the steps listed above, insofar as it deems them proportionate, in its absolute and sole discretion, against the offending party.
18.1 The service provider’s failure to enforce this policy, for whatsoever reason, shall not be construed as a waiver of the service provider’s right to do so at any time.
18.2 The service provider reserves the right to amend this AFUP from time to time.