PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Acceptable use policy
General and Acceptable Use
System and Network Security
Determination of a breach of this Policy
Consequences of breach of this Policy
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
Assignment of IP addresses
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.
Webafrica billing terms
Effect of non payment
Payment methods and fees
“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
General Dispute Resolution
Referral of Complaints to ICASA
Billing Dispute resolution
Purpose of this Procedure
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
Request for Reconciliation or Historical Information/Reporting
Referral of Billing Disputes to ICASA
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.
Amendments to content and information
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: Tim Wyatt-Gunning (CEO), Nick Zografos, Tim Parsonson
Phone: 0860 009 500
Fax: 021 413 1111
E-mail: [email protected]
Web site: www.webafrica.co.za
The Boulevard Office Park
PO Box 8116
65 Fifth Avenue
VAT Number: 4360244786
Availability of Information
can be obtained from our website (www.webafrica.co.za) or by email request to[email protected] (no charge payable) and is available for inspection at our offices during business hours.
Vetting of applications and use of credit registered credit bureaux’s
Written terms and conditions of service
Minimum standards for the services offered by Webafrica
Last updated: Jan 2015
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.
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).
“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
Collection of personal data
We collect only what is necessary and use it only for the purpose for which it is required.
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.
If we do not need it anymore, we will delete any personal information held.
We neither store nor retain any credit card information.
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
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.
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.
The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.
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
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.
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
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.
Users and/or subscribers are prohibited from releasing their username and/or password to any other person.
This is a child-friendly web site: Webafrica takes into account the privacy and well-being of children when they are online.
Last updated: Jan 2015
Section 51 Manual
For Webafrica Networks (Pty) Ltd.
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
1 Webafrica NETWORKS (PTY) LTD. OVERVIEW
Webafrica Networks (Pty) Ltd. provides Internet Services and Access to its customers, in both the corporate and home market. Some of these services include, but are not limited to,
Webafrica Networks (Pty) Ltd. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
2 AVAILABILITY OF THIS MANUAL
A copy of this Manual is available on our website
PROATIA_Manual.pdf or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.
3 HOW TO REQUEST ACCESS TO RECORDS HELD BY Webafrica NETWORKS (PTY) LTD.
Requests for access to records held by the Webafrica Networks (Pty) Ltd. must be made on the request form that is available on our website, from the SAHRC website ( www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of the Webafrica Networks (Pty) Ltd..
The standard form that must be used for the making of requests is attached as annexure 1. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
Kindly note that all requests to the Webafrica Networks (Pty) Ltd. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Webafrica Networks (Pty) Ltd. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
4 CONTACT DETAILS
Name of Private Body: Webafrica Networks (Pty) Ltd.
Designated Information Officer: Alan Kirton
Email address of Information Officer: [email protected]
Postal address: PO Box 8116, Roggebaai, 8012, Cape Town, South Africa
Street address: The Boulevard Office Park, Block E, Searle Street, Woodstock, 7925
Phone number: 27 21 464 9500
Fax number: 27 21 413 1111
5 HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT
The Guide described in Section 10 of the Act is due in August 2003. From that date it
will be available from the South African Human Rights Commission. Please direct any queries to:
The South African Human Rights Commission:
The Research and Documentation Department
Postal address: Private Bag 2700
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
E-mail: [email protected]
6 VOLUNTARY DISCLOSURE
Webafrica Networks (Pty) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Webafrica Networks (Pty) Ltd. and its services is freely available on Webafrica Networks (Pty) Ltd.’s website. Certain other information relating to Webafrica Networks (Pty) Ltd. is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
7 RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION Section 51 (1) (d)
Information is available in terms of the following legislation, if and where applicable.
Basic Conditions of Employment No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act 61 of 1973
Electronic Communications and Transactions Act 25 of 2002.
Labour Relations Act 66 of 1995
Promotion of Access to Information Act No. 2 of 2000
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991
Access to the records held by the private body in question
i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c)
8 RECORDS HELD BY Webafrica NETWORKS (PTY) LTD.
The Webafrica Networks (Pty) Ltd. maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
8.1 Internal Records
8.2 Personnel records
Personnel refers to any person who works for or provides services to or on behalf of Webafrica Networks (Pty) Ltd. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Webafrica Networks (Pty) Ltd.. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
8.3 Customer records
Please be aware that Webafrica Networks (Pty) Ltd. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
8.4 Technical records
• Technical records generated by, or within Webafrica Networks (Pty) Ltd. pertaining to customers.
8.5 Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Webafrica Networks (Pty) Ltd.. The following records fall under this category:
• Personnel, customer or Webafrica Networks (Pty) Ltd. records which are held by another party as opposed to being held by Webafrica Networks (Pty) Ltd.; and
• Records held by Webafrica Networks (Pty) Ltd. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
8.6 Other Records
Further records are held including:-
• Information relating to Webafrica Networks (Pty) Ltd. own commercial activities; and
• Research carried out on behalf of a client by Webafrica Networks (Pty) Ltd. or commissioned from a third party for a customer;
• Research information belonging to Webafrica Networks (Pty) Ltd., whether carried out itself or commissioned from a third party.
The below sites contain information and applications for protecting minors from problematic online content.
Routers provided on a free to use basis are subject to either of the following penalties should the customer cancel his/her associated Fibre service(s) or become suspended for 30 days or more:
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, in the event that an invoice is not paid by the due date, your service will be suspended. Should your outstanding balance not be paid by the end of the month it will be cancelled with the underlying service 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.
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.
Routers provided on a free to use basis are subject to either of the following penalties should the customer cancel his/her associated LTE at Home service(s) or become suspended for 30 days or more:
When you activate your SIM only account, you will receive a once off credit of between R250 and R500, depending on your chosen package size.
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.
If you are not entirely satisfied with your 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 R209 once-off delivery and connection fee is not refundable and will not be refunded.
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.
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]
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 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.
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.
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.
|Line Speed (ADSL/Fibre)||Uncapped Threshold||Uncapped Premium Threshold||Uncapped Pro Threshold|
|1 Mbps (ADSL)||30 GB||50 GB||Infinite|
|2 Mbps (ADSL)||40 GB||60 GB||Infinite|
|4 Mbps (ADSL/Fibre)||70 GB||185 GB||Infinite|
|8 Mbps (ADSL)||80 GB||250 GB||Infinite|
|10 Mbps (ADSL/Fibre)||100 GB||370 GB||Infinite|
|20 Mbps (VDSL/Fibre)||200 GB||475 GB||Infinite|
|40 Mbps (VDSL/Fibre)||250 GB||1025 GB||Infinite|
|100 Mbps (Fibre)||300 GB||1300 GB||Infinite|
|200 Mbps (Fibre)||500 GB||2000 GB||Infinite|
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.
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:
The User undertakes to use Webafrica’s services in accordance with any restrictions imposed under the following legislation:
All cases of violation of the above Fair Usage Policy should be reported to [email protected]
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.