Our Terms & Conditions.

General

1. This is an agreement between you and Webafrica regarding your use of Webafrica’s products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, “the / this Agreement”)
2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA

• Acceptable use policy
  • General and Acceptable Use
  • Unacceptable Use
  • Interpretation
  • System and Network Security
  • Spamming
  • Determination of a breach of this Policy
  • Consequences of breach of this Policy
  • Modification
  • Reporting Network Abuse
  • Website Take Downs
  • Disclaimers and Limitation of Liability
  • Responsibility for content and Account Holder indemnities
  • Variation of services
  • Non-transferability of services
  • Passwords
  • Assignment of IP addresses
  • General provisions
• Webafrica billing terms
  • General
  • Effect of Non Payment
  • Payment Methods and fees
  • Refunds
  • Cancellations
  • Downgrades
• Dispute Resolution
  • General Dispute Resolution
  • Referral of Complaints to ICASA
  • Billing Dispute resolution
    • Purpose of this Procedure
    • Definitions
    • Billing Dispute resolution General
    • Customer’s obligations to first use this Procedure
    • Time period within which Billing Disputes can be initiated
    • Circumstances under which payment of a Disputed Amount may be withheld
    • Billing Dispute Notice
    • Response to Billing Dispute Notice
    • Referral to Senior Management
    • Resolution, Agreement or Determination
    • Effect of this Procedure on continued service provision
    • Confidentiality
    • Overage Disputes
    • Realm Disputes
    • Reconciliation or Historical Information/Reporting
    • Referral of Billing Disputes to ICASA
    • Use of Account Holder information for promotional purposes

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Acceptable use policy

1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

2. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
3. We reserve the right to sell a maximum of 5 internet services to the same customer, any more than this may be allowed at our discretion but the customer is then automatically deemed a Reseller.

Unacceptable Use

3. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
4. Webafrica’s services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material 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 authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
5. Due to the nature of a shared web hosting environment, Webafrica reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
6. The Webafrica shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
7. Webafrica prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
8. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
9. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
10. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Webafrica fully and strictly reserves its rights in this regard.

Interpretation

11. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Webafrica reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

12. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    • 12.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    • 12.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    • 12.3. forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
    • 12.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

13. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
14. It is contrary to Webafrica’s policy for customers to use our servers to effect or participate in any of the following activities:
    • 14.1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
    • 14.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
    • 14.3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Webafrica provided server, or using a Webafrica provided server as a maildrop for responses;
    • 14.4. To falsify user information provided to Webafrica or to other users of the service in connection with use of a Webafrica service.

Determination of a breach of this Policy

15. Webafrica will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

16. When Webafrica becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Webafrica will initiate an investigation (within 24-48 hours). During the investigation Webafrica may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, Webafrica may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Webafrica reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Webafrica will notify the appropriate law enforcement department of such violation.
17. Webafrica does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. You shall be held liable for any and all costs incurred by Webafrica as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
19. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
20. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
21. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Webafrica personnel must spend to investigate any violations.

Modification

22. Webafrica may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
23. Webafrica reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

24. Any party seeking to report any violations Webafrica’s policy may contact via e-mail: [email protected].

Website Take Downs

25. 25. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which Webafrica has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
    Website: www.ispa.org.za
    Email: [email protected]

Disclaimers and Limitation of Liability

26. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
27. We disclaim any and all loss or liability resulting from, but not limited to:
    • 27.1. loss or liability resulting from access delays or access interruptions;
    • 27.2. loss or liability resulting from data non-delivery or data mis-delivery;
    • 27.3. loss or liability resulting from acts of God;
    • 27.4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
    • 27.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
    • 27.6. loss or liability resulting from the interruption of your Service.
28. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
29. Subject always to the provisions of the CPA, to the extent that it is applicable, Webafrica’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Webafrica expressly disclaims any representation or warranty that the Webafrica services will be error-free, secure or uninterrupted.
30. No oral advice or written information given by Webafrica, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
31. Webafrica will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
32. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

33. You agree to indemnify and hold Webafrica harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Webafrica will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
34. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Webafrica reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Webafrica’s then current Acceptable Use Policy, in the sole and absolute opinion of Webafrica.
35. Webafrica will not change passwords to any account without proof of identification, which is satisfactory to Webafrica, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Webafrica will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Webafrica be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Webafrica from any and all Claims arising from such ownership disputes.
36. You agree to indemnify and hold harmless Webafrica and any other Account Holder from any and all Claims resulting from your use of the services provided by Webafrica. The terms of this Section will survive any termination of this Agreement.
37. You agree not to harm Webafrica, its reputation, computer systems, programming and/or other persons using Webafrica’s services.
38. The terms of this Section will survive any termination of this Agreement.

Variation of services

39. You agree that Webafrica may establish limits concerning use of any Webafrica service offered on any Webafrica web site, including without limitation the maximum number of days that e-mail messages will be retained by any Webafrica service, the maximum number of e-mail messages that may be sent from or received by an account on any Webafrica service, the maximum size of an e-mail message that may be sent from or received by an account on any Webafrica service, the maximum disk space that will be allotted on Webafrica’s servers on your behalf either cumulatively or for any particular service. You agree that Webafrica has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Webafrica service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Webafrica service may change at any time.
40. Webafrica reserves the right to select the server for your website for best performance. You understand that the services provided by Webafrica are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Webafrica has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of services

41. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Webafrica.

Passwords

42. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of Webafrica services, including any damages resulting there from, until you notify Webafrica’s customer service.
43. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Webafrica

Assignment of IP addresses

44. 1. If Webafrica assigns you an Internet Protocol address in connection with your use of the Webafrica services, the right to use that Internet Protocol address will remain with and belong only to Webafrica, and you will have no right to use that Internet Protocol address except as allowed by Webafrica in its sole and absolute discretion.
    2. In order to preserve Internet Protocol version 4 (IPv4) addressing resources due to the global shortage thereof, Webafrica’s consumer-based internet services may make use of Carrier-Grade Network Address Translation (CGNAT), where a Customer’s router is assigned a non-globally routable private IPv4 address and outbound internet traffic is translated to a shared pool of public IPv4 addresses. Whilst Webafrica does make use of the latest network infrastructure in an effort to mitigate limitations experienced while using CGNAT, due to the inherent nature of the technology itself we are unable to guarantee that all locally hosted services within a Customer’s network will function as intended. Some such affected services may include but are not limited to, locally hosted web and mail servers, CCTV camera streaming services and other services reliant on globally accessible static ports. ​
    3. Should you want a static IP option, we can provide you with one at an additional cost on all Fibre services. Customers are only permitted one connected session per given username. Please note that static IPs are not available on LTE/ADSL services.

General provisions

45. This Agreement constitutes the entire agreement between you and Webafrica with respect to the Webafrica services and supersedes all prior agreements between you and Webafrica. Webafrica reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Webafrica services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
46. Webafrica’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
47. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
48. Save where otherwise provided for in this Agreement, if you:
    • 48.1 fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
    • 48.2 commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
    • 48.3 are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
    • 48.4 commit any act which if committed by a natural person would constitute an act of insolvency;
    • 48.5 become insolvent;
    • 48.6 compromise or attempt to compromise generally with any of your creditors;
    • 48.7 have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment,

    then Webafrica shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Webafrica’s right to claim damages.

49. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
50. You consent to the jurisdiction of the South Africa courts.
51. The Webafrica services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.

52. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

Webafrica billing terms
General

53. Webafrica will provide you with an itemised bill / invoice in your customer zone, or where it is specified as part of your service (eg. Vuma Reach).
54. Accounts are due on invoice presentation date (“Due Date”), shown on all invoices received by Webafrica, unless agreed otherwise. Webafrica retains the right to impose - subject to a notice period of seven business days - a credit limit on any of its customers as and when it sees fit.
55. Some of the Webafrica products and services are billed pro-rata if the product is ordered before the end of the month.
56. Webafrica will provide a service as chosen by you, for the period of time (“the term”) corresponding with the payment plan specific to you, or as otherwise specified in the product terms and conditions supplied by Webafrica. This contract will automatically be renewed at the end of the term and each successive renewal term - unless terminated.
57. Although the agreement between the customer and Webafrica is not a credit agreement as contemplated in the National Credit Act, 34 of 2005, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that Webafrica may utilise the information provided by you. This includes your personal information and can request and receive information about you and your credit record (“Assessment Information”) from registered credit bureaus, in order to determine whether you will be able to meet your obligations under the intended Agreement. Webafrica will be entitled to decline to activate a product or service that you apply for if Webafrica reasonably determines that you may not be able to meet your commitments under the Agreement.
    Webafrica is entitled to perform these assessments each time you apply for a service or product.
    The consumer protection provisions of the Electronic Communications and Transactions Act, 2002, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper-based transactions, e.g., where you apply for a service or product by completing an Application Form in writing.

Effect of non payment

58. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Webafrica has in terms of this Agreement or in law, Webafrica reserves the right to hold you liable for the total amount due pursuant to such invoice.
59. Interest of 2% per month may be charged on all overdue accounts.
60. Webafrica may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
61. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
62. If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
63. If you neglect to pay the amount due in full, Webafrica will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
64. If you neglect to pay the amount due in full, Webafrica will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
65. In the event of suspension due to non-payment, Webafrica reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
66. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
67. DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and you shall be notified thereof beforehand.

Payment methods and fees

68. Webafrica only accepts payments via debit order and credit card. Webafrica accepts MasterCard and VISA.
69. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
70. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

71. Each of Webafrica’s web hosting plans comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals, Domain ID Protection and Dedicated Servers are not refundable.
72. Webafrica will only refund a customer in the event of their account having a credit balance.
73. Webafrica will process authorised refunds to customers each Wednesday and Friday.

Cancellations

72. Cancellations must be done using the Customer Zone.
73. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
74. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
75. Cancellation fees might be applied on certain Fibre Network Operators such as Vumatel for example. You will be liable for the R999 cancellation fee should you cancel at any time on an applicable Fibre Network Operator.
76. If you are on a Fibre service that didn’t have a cancellation fee applicable when you signed up, and we covered the installation/connection fees, you will be liable for clawback fees if you cancel within 12 months of activation.

Downgrades

Definition
“A downgrade occurs when changing your current package to a package with a lower cost”. Example: Changing from a Home Uncapped 1mbps account at R289 to a Home Uncapped 384kbps account at R189 would be considered a downgrade

77. Downgrades must be done using the Customer Zone.
78. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.
79. Please note that you may be liable for a regrade (if you're moving to a lower priced package) processing fee to cover the fees that Fibre Network Operators charge Internet Service Providers for regrades.

Dispute Resolution

General Dispute Resolution

79. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
80. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:You are required to direct a general complaint to [email protected]. The complaint is required to be accompanied by the following;
    • 53.1. Your full particulars and contact details;
    • 53.2. Your relationship with Webafrica and any customer reference which may be applicable;
    • 53.3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
    • 53.4. Any relevant evidence or documentation you wish to submit in support of your complaint.
    • 53.5. Under the ICASA Code of Conduct Regulations Webafrica is required to:
      • 53.5.1 Acknowledge receipt of your complaint within three working days; and
      • 53.5.2 Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.

Referral of Complaints to ICASA

81. If you are not happy about the outcome of the Complaint you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
82. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
83. ICASA can be contacted in the following ways:
    • 56.1 telephone (011) 566 3000,
    • 56.2 fax (011) 444 1919 or
    • 56.3 email: [email protected]
84. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute resolution

Purpose of this Procedure

85. This Procedure sets out the obligations of Webafrica and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
86. Webafrica’s Billing Dispute Handling Procedure is intended to service both the Customer and Webafrica’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.

87. Definitions
    “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.“Billing Enquiry”means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

88. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Webafrica by the Due Date of the Invoice.
89. For the avoidance of doubt the parties acknowledge and agree that:
    • 62.1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
    • 62.2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Webafrica as set out below).
    • 62.3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing enquiries should be directed to our WhatsApp LiveChat line (simply add 021 464 9500 as a contact on your phone and send us a WhatsApp). Complaints are dealt with under the Webafrica Complaints Handling Procedure and can be sent to [email protected].
90. Please note that Webafrica will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s obligations to first use this Procedure

91. As a current or prior Customer of Webafrica, you agree to allow Webafrica to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Webafrica requires and you agree that it be the first option in Billing Disputes. Should Webafrica receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Webafrica has been given a chance to resolve the issue, Webafrica has the right to collect on the rendered services and any fees associated with those disputes.
92. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Webafrica still retains the right to collect on any rendered services or fees that are due. Should Webafrica be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Webafrica will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

93. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

94. You may only withhold payment of a Disputed Amount where Webafrica receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.

Billing Dispute Notice

95. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
96. The Billing Dispute Notice should clearly set out:
    • 95.1. Invoice number and date;
    • 95.2. The amount in dispute (“the Disputed Amount”);
    • 95.3. The amount not in dispute (“the Undisputed Amount”);
    • 95.4. The full details of the dispute; and
    • 95.5. Any relevant evidence or documentation you wish to submit in support of your complaint.

Response to Billing Dispute Notice

97. Under the ICASA Code of Conduct Regulations Webafrica is required to acknowledge receipt of your complaint within 3 Business Days.
98. Webafrica shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
    • 97.1 A rejection of the Billing Dispute Notice on the basis that:
    • 97.2 The Billing Dispute Notice was not received by Webafrica within 60 days from the date of the relevant invoice;
    • 97.3 The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
    • 97.4 The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
    • 97.5 Webafrica has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
    • 97.6 The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or
    • 97.7 Webafrica reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
    • 97.8 A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Webafrica in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Webafrica
    • 97.9 A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

99. If you are not satisfied with Webafrica’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) Webafrica within 3 Business Days of receiving Webafrica’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
    • 98.1 To ensure that SM meet to resolve the dispute within 7 Business Days of Webafrica receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
    • 98.2 Any decision of SM will be final and binding on both parties.
    • 98.3 Both parties acknowledge and agree that if Webafrica does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and Webafrica will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

100. If stipulated under Webafrica’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
101. If stipulated under Webafrica’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that Webafrica must withdraw the disputed charge or refund a disputed charge previously paid, Webafrica must as soon as practicable:
     • 99.1 If stipulated under Webafrica’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that Webafrica must withdraw the disputed charge or refund a disputed charge previously paid, Webafrica must as soon as practicable:
     • 99.2 Credit any Disputed Amount already paid by you.
102. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Webafrica will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

103. Webafrica will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Webafrica has reached a determination and communicated this to you.
104. We reserve the right, however, to take such measures immediately:
     • 77.1 Where a determination of the Billing Dispute has been made and communicated to you; or
     • 77.2 Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
105. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Webafrica shall continue to have the right to terminate or suspend the service in accordance with Webafrica’s rights under the agreement that you have with Webafrica.

Confidentiality

106. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

107. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
108. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.

Realm Disputes

109. Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
110. Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

111. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
112. Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, DSL console, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

113. If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
114. ICASA can be contacted in the following ways:
     • 112.1 telephone (011) 566 3000,
     • 112.2 fax (011) 444 1919 or
     • 112.3 email: [email protected].

Use of Account Holder information for promotional purposes

Webafrica may include the your name and contact information in directories of Webafrica’s service subscribers for the purpose promoting the use of the services by additional potential customers. However, Webafrica is not authorized to print yours name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.

Terms and Conditions for Use of Website

1. Use of this website constitutes acceptance of these Terms and Conditions which thereafter constitute a binding agreement (“Agreement”) between Webafrica and the user.
2. Use of this website is strictly at the sole risk of the user.
3. Webafrica may, in its sole discretion, amend these Terms and Conditions from time to time at which time these will be brought to the attention of users and become binding on such users where they continue to use the website after such amendments have been brought to their attention.

 

Amendments to content and information

4. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.
5. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act

Website owner: Webafrica Networks (Pty) Ltd

Registered Number: 2007/009070/07

Licensing: 0133/IECNS/JAN/09, 0133/IECS/JAN/09

Directors: Sean Nourse (CEO), Tim Wyatt-Gunning, Nick Zografos, Tim Parsonson

Phone: 0860 009 500

Fax: 021 413 1111

Website: www.webafrica.co.za

Registered Address:

65 Fifth Avenue

Highlands North

2192

VAT Number: 4360244786

 

No offer

6. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

Disclaimers

7. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. Webafrica MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
8. Subject to Chapter 7 of the ECT Act, Webafrica, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
9. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Webafrica disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
10. Webafrica has no control over third party content and features which may be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites contents and features.

Webafrica Code of Conduct and Service Charter

• Introduction
• Key commitments
• Consumer rights
• Availability of information
• Vetting of applications and use of credit registered credit bureaux
• Written terms and conditions of service
• Minimum standards to be observed by Webafrica
• Miscellaneous

 

Introduction

1. In order to provide electronic communications services to its subscribers, Webafrica Networks (Pty) Ltd (“Webafrica”) holds licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
   1. ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
   2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by Webafrica to subscribers and potential subscribers.
2. Webafrica has developed its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with you.
3. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.

Key Commitments

4. Webafrica makes the following key commitments and will endeavour to:
   1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
   2. Ensure that all its services and products meet the specifications as contained in Webafrica’s licences and all the relevant laws and regulations;
   3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
   4. Display utmost courtesy and care when dealing with Customers;
   5. Provide Customers with information regarding services and pricing;
   6. Where requested to do so provide Customers with guidance with regard to their service needs; and
   7. Keep the personal information of Customers confidential unless we are:
      1. Otherwise authorised or required by law or order of Court;
      2. In possession of written authorisation from you to do so; and/or
      3. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
5. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

Consumer rights

6. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
   1. A right to be provided with the required service without unfair discrimination;
   2. A right to choose the service provider of your choice;
   3. A right to receive information in your preferred language (Webafrica will do its best to meet this request where reasonable);
   4. A right to access and question records held by Webafrica and which relate to your relationship with us;
   5. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
   6. A right to port a number in terms of applicable regulations;
   7. A right to lodge a complaint; and
   8. A right to redress.

Availability of Information

7. Information relating to:
   1. Our range of services / products on offer;
   2. Tariff rates applicable to each service offered;
   3. Terms and conditions applicable to such services / products;
   4. Payment terms;
   5. Billing, billing processes and our Billing Dispute Handling Procedure;
   6. Complaints Handling Procedure, and
   7. Relevant contact details

can be obtained from our website (www.webafrica.co.za), by emailing [email protected] or via WhatsApp Live Chat (simply add 021 464 9500 as a contact on your phone and send us a WhatsApp) and is available for inspection at our offices during business hours.

 

Vetting of applications and use of credit registered credit bureaux’s

8. Where applicable we reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux’s and you consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.

Written terms and conditions of service

9. We will provide you with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically a copy of the written terms and conditions thereof will be provided to you within seven (7) Business Days.
10. Where we affect changes to the terms and conditions of our service to you we will inform of such changes within a fair and reasonable period.

Minimum standards for the services offered by Webafrica

11. Subject to events and conduct beyond its reasonable control. Webafrica will
    1. provide a minimum of 95% network service availability measured over 6 months;
    2. provide a minimum of 95% service availability measured over 6 months;
    3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
    4. provide full reasons to you where we are not able to meet your request for service within these time periods;
    5. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
    6. provide full reasons to you where we are not able to meet your request for activation within these time periods;
    7. maintain an average of 90% fault clearance rate for all faults reported within three (3) days with the balance to be cleared within 6 Business Days of the reporting of the fault;
    8. respond within 3 (three) minutes (averaged over six months) to any call directed to the Webafrica call centre;
    9. Monitor its network 24/7/365.
12. Customers acknowledge that Webafrica is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that Webafrica cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
13. Customers acknowledge that Webafrica is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that Webafrica cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Miscellaneous

14. Any queries relating to this Code of Conduct should be sent to us via WhatsApp Live Chat (simply add 021 464 9500 as a contact on your phone and send us a WhatsApp) or by email to [email protected].
15. This Code of Conduct forms part of the Terms and Conditions applicable to the use of Webafrica’s services and products and is incorporated therein.

Last updated: October 2020

Thank you for taking the time to read our disclaimer.

Webafrica at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime.

By using this service the user waives any rights or claims it may have against Webafrica, regarding such changes. Without limiting the foregoing, Webafrica shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Webafrica web site. Webafrica forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Webafrica making any representation or warranty regarding any third party’s products or services, nor will Webafrica be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Webafrica with respect to third party products and services, to the maximum extent permitted by law.

Webafrica Privacy Policy

• Definitions
• Status
• Collection of personal data
• Email communications
• Collection of anonymous data
• Access to personal data
• Links to other web sites
• Security
• Children’s privacy
• Queries

 

Purpose

1. This Policy sets out the manner in which Webafrica Networks (Pty) Ltd (“Webafrica”) handles personal information submitted by or collected from you whilst visiting the Webafrica website(s).

Definitions

 

“personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”)

“user” means any person accessing any part of the web site

Status

2. This Privacy Policy forms part of the Terms and Conditions of Use of this website. Continued use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of personal data

3. We collect only what is necessary and use it only for the purpose for which it is required.

4. We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.

5. If we do not need it anymore, we will delete any personal information held.

6. We neither store nor retain any credit card information.

Email communications

7. When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Webafrica. Once received, the information to your e-mail is protected in accordance with this Policy.

Collection of anonymous data

8. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.

9. In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site and will log:

   1. The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.

   2. The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.

   3. The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.

   4. The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.

10. If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.

Access to personal data

11. If you believe that your personal data which we may have is outdated or incorrect please ask us to correct‐ please use our contact page. Please provide us with all the information we need to make the correction.

12. You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an e-mail asking for the information you need.

Links to other web sites

13. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.

Security

14. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.

15. Users and/or subscribers are prohibited from releasing their username and/or password to any other person.

Children’s privacy

16. This is a child-friendly web site: Webafrica takes into account the privacy and well-being of children when they are online.

Queries

17. If you have any queries about this Privacy Policy please contact us.

Last updated: Jan 2015

Protection of Minors

Help us protect minors online. The below websites contain useful information and applications for protecting minors from problematic online content. Please read through them carefully.

Cell Phones:

• cdn.netsmartz.org/tipsheets/smartphone_safety.pdf

Cyber-bullying:

• cdn.netsmartz.org/tipsheets/Cyberbullying_Unplugged_2014.pdf
• www.itweb.co.za/index.php?option=com_content&view=article&id=63654
• www.stopcyberbullying.org/what_is_cyberbullying_exactly.html

Cyber Security:

• cdn.netsmartz.org/tipsheets/cybersecurity_tips.pdf
• www.connectsafely.org/tips-to-create-and-manage-strong-passwords
• www.kaspersky.com/internet-security-center/internet-safety/faq

Facebook:

• www.facebook.com/security/notes

Gaming:

• cdn.netsmartz.org/tipsheets/gaming_parent_handout_2010.pdf

General:

• cdn.netsmartz.org/tipsheets/protecting_kids.pdf
• cdn.netsmartz.org/tipsheets/tips_for_teens.pdf
• cdn.netsmartz.org/tipsheets/tween_tips_2011.pdf
• www.haltabuse.org/help/respond.shtml

Sexting:

• cdn.netsmartz.org/tipsheets/sexting_teens.pdf
• cdn.netsmartz.org/tipsheets/You_Sent_A_Sext_Now_What.pdf

Social Media:

• cdn.netsmartz.org/tipsheets/SocialMediaSafety_teens.pdf
• www.itnewsafrica.com/2016/02/top-tips-to-stay-safe-on-social-media-in-africa/

Additional Resources:

• Cyberangels: World’s oldest and largest Internet safety organisation
• GetNetwise: Educating parents and children about how to use the Internet safely
• KidShield: Tools and information to create a safety net for your children online
• ProtectKids.com: Protecting children in cyberspace
• SafeKids.com: Making your family’s online experience fun and productive
• WiredKids: Online safety for kids and teens

Fibre Internet

PREMIUM, FIBRE ROUTER:

Our premium Fibre routers are exactly that - free to use for as long as you are with Webafrica and using the relevant service. If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging.

• You will have 20 days from the time your service is deactivated (turned off at the end of your months’ notice) to return the router.
• We will send you a reminder on day 10 if we have not yet received your router.
• If we do not receive your router back from you within the 20 day router-return period, you will be billed for it, and it will become your own.
• Remember to include your name and Webafrica customer code when returning your router.
• No router returns will be accepted after 20 days have elapsed from the time that your account was deactivated.
• All courier costs involved in returning the router are for your own account.
• You will be charged the original retail value of the router.
• When your router becomes your property it will no longer be insured by Webafrica, and we will not accept responsibility for any damage or defaults to the router.

INSTALLATION

Webafrica are fully reliant on the integrity of the data/connection provided by the Fibre Network Operator. At times this may result in a service not being able to be delivered on the specific Fibre Network Operator.

SERVICE LEVEL AGREEMENT PROMISE (SLA PROMISE)

If you have chosen a Fibre Network Operator that carries the SLA promise and we have not gotten you installed and activated within the service level agreement timeframe given, t hen we will credit your account with R999. This excludes the following scenarios in which case you will not receive the credit:

• You're in an area where Fibre isn’t readily available yet (pre-order areas).
• You order is associated with "Moving Homes"
• If you are switching to Webafrica from another ISP.
• If your order is in an area where the Fibre infrastructure has not been deployed in full, eg. A multi-dwelling unit requiring body corporate approval.
• Cancelled orders.
• Delays caused by the customer such as not answering the installer’s or Webafrica’s calls, not meeting the scheduled installation day and time, not being available within the 14-day period for installation or requesting an extension of the installation date.
• Fibre installations or activations being delayed as a result outside of Webafrica’s control.
• When there are delays caused by public holidays and/or the Fibre Network Operator freeze periods during December and January.

INSTALLATION AND CONNECTION PENALTY FEES:

Webafrica reserves the right to charge you the full installation and connection fees should you cancel within 12 months from the date of activation. The penalty fees may be disregarded if the service is active with Webafrica for longer than 12 consecutive months. Installation and connection fees may differ based on Fibre provider, purchased date and line speed.

Please note that even if you already had an ONT installed before ordering with Webafrica, the Fibre Network Provider might still charge us an installation and connection fee, and as result we will need to include this in the claw back fee if you cancel in your first 12 months of service.

Important: If you are with a Fibre Network Operator that has a cancellation fee applicable (e.g., Vumatel or Frogfoot), the above penalty fees will not apply to you. Should you cancel on the applicable Fibre Network Operator, you will be liable for a R999 cancellation fee which can be paid upon cancellation or upfront when placing your order.

NON PAYMENT OF INVOICES

Please note, in the event that an invoice is not paid by the due date, your service will be suspended and we reserve the right to cancel your fibre line with the underlying fibre infrastructure provider.

In the event that you reconnect / re-activate your account after it has been cancelled, you will be charged any reconnection fees which the underlying service provider may charge us to reconnect your account.

Payment of outstanding fees by EFT/Bank deposit is not recommended for outstanding fees as this can take several days to reflect in your account and you may still be suspended. We recommend using the “pay now” function in your customer zone to make immediate payment.

If you are moving to a new service with Webafrica, and you cancel your current service, there may be connection fees applicable for your new service. These will be clearly displayed to you in the selection pane when you place your order.

Previous ISP Claw Back Fees

In the event that you have moved to us from another ISP and we paid their claw back fees on your behalf, and you decide to cancel your service with us within 12 months of activation (or your account falls into arrears) you will be charged for these fees. These fees may differ according to who your previous provider was and which infrastructure provider services your area.

VUMATEL FIBRE TO THE BUSINESS (FTTB) CANCELLATION FEES

We cover all installation and connection fees when you order one of our Vumatel Fibre-To-The-Business (FTTB) packages. Should you decide to cancel within 12 months of activation, your cancellation fee will be calculated as follows:

(12 months – the number of months your service has been active) X your recurring service fee.

Example: If you have a 20/20Mbps FTTB service and have been active for six months, then it will be (12 months - 6 months) X R1729 = R 10374

FIBRE CANCELLATION FEES

If you are on a Fibre Network Operator that has a cancellation fee applicable (e.g., Vumatel or Frogfoot), standard installation clawback fees will not be applied. Should you cancel on the applicable Fibre Network Operator, you will be liable for a R999 cancellation fee which can be paid upon cancellation or upfront when placing your order.

Fixed LTE

PREMIUM, LTE ROUTER:

Our premium LTE routers are exactly that - free to use for as long as you are with Webafrica and using the relevant service. If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging.

• You will have 20 days from the time your service is deactivated (turned off at the end of your months’ notice) to return the router.
• We will send you a reminder on day 10 if we have not yet received your router.
• If we do not receive your router back from you within the 20 day router-return period, you will be billed for it, and it will become your own.
• Remember to include your name and Webafrica customer code when returning your router.
• No router returns will be accepted after 20 days have elapsed from the time that your account was deactivated.
• All courier costs involved in returning the router are for your own account.
• You will be charged the original retail value of the router.
• When your router becomes your property it will no longer be insured by Webafrica, and we will not accept responsibility for any damage or defaults to the router.

Cell C LTE & RAIN LTE:

• If you did not take a router with your SIM order, and were therefor credited with either R500 or R250 on your Webafrica account according to the package you were on, this amount will be clawed back upon your cancellation.
• Please be aware that Webafrica (and all other ISPs) are no longer able to offer RAIN LTE to the public. If you cancel your RAIN account you will be unable to order this service from us again. Please be 100% certain that you want to cancel before you submit your cancellation request.

Webafrica reserves the right to recall this once off credit should you cancel your service within 12 months of activation of your SIM only LTE service. The credit recall will be disregarded should your service be paid and active with Webafrica for longer than 12 months from activation.

LTE 7 DAY RETURN POLICY:

If you are not entirely satisfied with your Cell C LTE service for any reason, you may request immediate cancellation of the service within 7 days of activation. You will be credited and refunded for the pro rata charge.

If cancellation is requested after 7 days have lapsed from the day of activation, our standard calendar month’s notice period will apply.

Please note that the R249 once-off delivery and connection fee is not refundable and will not be refunded.

Please note that Telkom does not currently offer this 7 day returns policy.

Webafrica Fair Usage Policy

The Fair Usage Policy (FUP) forms part of a binding agreement between you the customer and Webafrica for as long as you make use of Webafrica’s services.

General Fair Usage Conditions

By signing up with Webafrica, the customer agrees and is bound to this policy and the conditions laid out within it, without limitation or qualification, as well as all other terms, conditions and policies made available to the client in our legal pages as well as conditions displayed anywhere else on the Webafrica website. Please direct any enquiries to [email protected].

1. The purpose of the Fair Usage Policy is to:

1. Ensure the compliance of all Webafrica customers with the relevant laws of the Republic of South Africa.
2. Protect the integrity of Webafrica’s network and its users.
3. Specify the consequences the customer may expect in the event that they are found to be abusing Webafrica’s services.

Throttling

Throttling is the process of limiting the throughput of all services and protocols. Imagine your internet line is a pipe with water running through it. If you make the pipe narrower less water is able to run through it at a time.

In the same way a throttled account will only be able to achieve a limited throughput. The line itself is not affected. Throttling is applied only when an individual user exceeds the Fair Usage point on their account, over a 30 day rolling window, and even then, only during peak traffic. Just because you have reached the FUP point on your account DOES NOT MEAN you will automatically be throttled. Although Webafrica do reserve the right to throttle when fair usage has been exceeded, we will only do so at peak network traffic times. When the network is in off-peak times you will not be throttled, even if you have exceeded your FUP point. You will continue to experience normal speeds.

Shaping

Shaping is the process of implementing priority on certain types of usage or protocols. Some ISP’s implement shaping to give priority to real-time interactive services, effectively slowing down your non-prioritized services. Under our new policy, Webafrica does not shape your account. It is up to you to manage how you use your bandwidth.

2. FUP Uncapped Thresholds, Throttling and Bandwidth Priority

Uncapped packages have a Fair Usage Policy (FUP) threshold which is based on a 30 day rolling window. Users who exceed this threshold could potentially experience throttling at times when network demand is high. We strive to avoid throttling as far as possible. An account which has reached its FUP threshold will not necessarily be throttled, we will only apply throttling if the network is experiencing high demands, to manage overall network demands. As soon as network demands abate Webafrica will remove throttling and the account will enjoy full speeds.

Openserve thresholds (based on 30 day rolling window):

The FUP thresholds:

All thresholds are based on data consumption over a 30 day rolling window. This means that your data consumption is NOT calculated from the first of the month to the end of the month. Your data consumption is based on the last 30 days of usage, regardless of the date. For example, if today is the 15th of June, your data consumption is measured from 30 days prior to this day, so from the 15th of May, and not from the 1st of June. This 30 day window "rolls" forwards every day. It is a 30 day rolling window.

Fibre:

Uncapped Package Speed	Uncapped	Uncapped Premium
10Mbps	100 GB	Unlimited
20Mbps	200GB	Unlimited
40Mbps	250GB	Unlimited
100Mbps	300GB	Unlimited
200Mbps	500GB	Unlimited

ADSL:

Uncapped ADSL Speed	Uncapped	Uncapped Premium	Uncapped Pro
1Mbps	30GB	50GB	Unlimited
2Mbps	40GB	60GB	Unlimited
4Mbps	70GB	185GB	Unlimited
8Mbps	80GB	250GB	Unlimited
10Mbps	100GB	370GB	Unlimited
20Mbps	200GB	475GB	Unlimited
40Mbps	250GB	1025GB	Unlimited

Good to Know:

If you are on one of our packages which carries a FUP, your usage between midnight and 06:00 am every day does not affect your rolling FUP threshold. So, if you are planning downloads make sure you schedule them for these times, and they won't have an impact on your FUP status.

3. Reservation of Rights

To ensure that all customers have fair and equal use of the Webafrica Uncapped service and to protect the integrity of the network, Webafrica reserves the right and will take necessary steps to prevent improper or excessive usage thereof.

Webafrica may undertake the following action(s) to ensure fair and equal network performance for all customers:

• Adjusting the throughput of the aforementioned service based off the current and historic usage of the service.
• Limiting or preventing service through specific protocols and/or ports.
• Continuous excessive usage of a service may result in termination of the Uncapped account.
• Uncapped Pro accounts without a FUP are intended for private use or small business use only. Accounts found to be using an excessive quantity of data on a regular basis who are suspected of re-distributing their connection across multiple unauthorised end-users (such as across multiple homes) will be terminated, after a 5 business day notice period. The account holder may lodge a dispute challenging the decision within said notice period, after which no further correspondence will be entered into the matter. Web Africa at all times remains the final arbiter in the matter..
• Any attempt to bypass Shaping Policies may result in termination of the Uncapped account.

Legal:

The User undertakes to use Webafrica’s services in accordance with any restrictions imposed under the following legislation:

• Electronic Communications and Transactions Act 25 of 2002;
• Electronic Communications Act 36 of 2005;
• Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003

All cases of violation of the above Fair Usage Policy should be reported to [email protected]

Please note:

Webafrica reserves the right to amend the Fair Usage Policy (FUP) as necessary. This is to ensure optimal performance across our network for the majority of uncapped customers.

Webafrica Voice (VoIP)

• Call rates are published on the official Webafrica website on the VoIP page and are subject to change.
• The Customer can choose to purchase our VoIP softphone at a once-off cost if they wish. Webafrica’s VoIP phone comes with a 12-month warranty from the date of purchase.
• If the customer downloads any third party operating software to use their VoIP service, the customer is liable for all costs associated with said software. All and any data use associated with the use of the SIP software will be for the customer’s own account. Webafrica assumes no liability for the functionality and performance of any third party software.
• Webafrica assumes no liability for any losses incurred due to the publishing of the customer’s numbers.
• The customer is responsible for usage monitoring of all users on individual SIP accounts and Webafrica is not liable for any fraudulent activity that may occur.
• The customer acknowledges and agrees that making emergency calls from the products and/or services supplied by Webafrica under this agreement may result in a delay in the response time of any such emergency service. In no circumstances will Webafrica be liable for any delays encountered by the customer should such calls have been placed using the Webafrica’s products and/or services nor for any direct or indirect damage or loss or injury suffered by the customer as a consequence of any such delays.
• Unused airtime will not roll over in any package where minutes are paid for in advance.
• Unused Top-Up Airtime will roll over for up to three months from the date of purchase.
• Predictive dialers are not allowed on the Webafrica network.
• Webafrica cannot guarantee or measure the quality of voice services provided over any network outside of the Webafrica network. Loss of voice quality and integrity cannot be measured by means of MOS (Mean Opinion Score as a measurement of voice quality) or any other manner over other networks. Webafrica shall not be liable for any claims in regard to services offered whilst traversing “public networks”.

Definitions

• "Affiliate" or "referrer" is a person who refers another.
• "Referral" is a person who has been referred by an affiliate.
• "Referred service" denotes a service that has been referred by an affiliate to a referral.

Terms and Conditions

1. The referral's internet service must go active before the affiliate can receive their commission.
2. On our new once-off commission model you will earn a standard amount of R200 per referral after their internet service (ordered via the affiliate's unique link) has gone active (as per point 1).
3. The Tier-model no longer applies, and all referrals made after April 2023 will go onto the once-off R200 commission model.
4. Affiliate commission will only be earned on Fibre internet and Fixed LTE services. Any hardware, once-off products, VoIP/ESET services, or add-ons will not earn an affiliate commission.
5. Referred reseller services do not result in commission.
6. Reseller customers are eligible to earn an affiliate commission, however, as per point 5 above, referred reseller services do not result in commission.
7. If a referral cancels their service, the affiliate will no longer receive commission for that referred service.
8. Affiliates will not earn commission by referring services to themselves: you will not earn commission if you order a new service using your unique link.
9. Only one affiliate Refer and Earn account per customer is allowed. You cannot earn referral commission on two customer accounts. For example, if you signed up for one service with different details to another account with a different service (you have two Customer Zone logins), you will only earn commission via one account.
10. No interest is earned on commission.
11. There is a minimum withdrawal amount of R500, which will be cashed out.
12. Webafrica reserves the right to apply a 2% transaction fee to all cash outs.
13. Once-off commission can only be withdrawn when two consecutive successful payments have been received from the referred customer. Payment must be made from the referred customer’s credit card or bank account.
14. All affiliate commission that has not been withdrawn/cashed out within 12 months of allocation will be forfeited. Under no circumstances will the forfeited commission be reallocated.
15. As an affiliate of Webafrica, you will agree to not advertise digitally via third-party advertising bidding such as (but not limited to) Google Adwords, Bing and Yahoo Search. You may not use our brand name Webafrica, Web Africa or any wording associated with our brand, in your targeted search.
16. Affiliates are not allowed to mislead others in the effort to gain a Webafrica referral. This includes making use of cybersquatting or typo squatting.
17. Webafrica affiliates will not be allowed to engage in any form of spamming, unsolicited commercial emails or promotion of the following content: abusive, violent, discriminative, defamatory, pornographic, obscene, illegal, hacking or link to any websites promoting that do so.
18. Webafrica reserves the right to terminate, discontinue or amend the Affiliate commission terms and conditions at any stage.
19. Breaching any of the Terms and Conditions laid out on this page might result in your affiliation being revoked without payment, at the sole discretion of Webafrica.

Please note that the reselling of our services and products are strictly prohibited. We do not take any responsibility for support from any unsolicited resellers and will also take no responsibility for any ISPA complaints made by a reseller and their customers.

We urge customers to only order directly from us, either on our website or through one of our friendly Webafrica sales agents.

Please Note: Signups made through third party Reseller partners (running their own independent business which is not Webafrica branded - i.e.: white label partners) are not eligible for free-to-use Webafrica hardware (routers, etc.). We will also not allow price matching on any reseller services.