Legal Information

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

  1. 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.
  2. 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: RRS Bryant, T Parsonsons, MP Tagg (CEO), N Zografos (Chairman)

Phone: 0860 009 500

Fax: 021 413 1111

E-mail: [email protected]

Web site: www.webafrica.co.za

Physical Address:

The Boulevard Office Park

Block E

Searle Street

Woodstock

Cape Town

7925

Postal Address

PO Box 8116

Cape Town

8012

Registered Address:

65 Fifth Avenue

Highlands North

2192

VAT Number: 4360244786

 

No offer

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

Disclaimers

  1. 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.
  2. 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.
  3. 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.
  4. 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

  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

  1. 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.
  2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

Consumer rights

  1. 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

  1. 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) 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

  1. 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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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

  1. Any queries relating to this Code of Conduct should be sent to [email protected].
  2. 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: Jan 2015

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.

Information Act

Section 51 Manual
For Webafrica Networks (Pty) Ltd.

Introduction

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:
PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700
Houghton
2041

Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
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)
Not applicable

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

  • Memorandum and Articles of Association
  • Financial records
  • Operational records
  • Intellectual property
  • Marketing records
  • Internal correspondence
  • Product records
  • Statutory records
  • Internal policies and procedures

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:

  • Any personal records provided to Webafrica Networks (Pty) Ltd. by their personnel;
  • Any records a third party has provided to Webafrica Networks (Pty) Ltd. about any of their personnel;
  • Conditions of employment and other personnel-related contractual and quasi legal records;
  • Internal evaluation records; and
  • Other internal records and correspondence.

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:

  • Any records a customer has provided to Webafrica Networks (Pty) Ltd. or a third party acting for or on behalf of Webafrica Networks (Pty) Ltd.;
  • Contractual information;
  • Customer needs assessments;
  • Personal records of customers;
  • Credit information and other research conducted in respect of customers;
  • Any records a third party has provided to Webafrica Networks (Pty) Ltd. about customers;
  • Confidential, privileged, contractual and quasi legal records of customers;
  • Customer evaluation records;
  • Customer profiling;
  • Performance research conducted on behalf of customers or about customers;
  • Any records a third party has provided to Webafrica Networks (Pty) Ltd. either directly or indirectly; and
  • Records generated by or within Webafrica Networks (Pty) Ltd. pertaining to customers, including transactional records.


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.

Protection of Minors

The below sites contain information and applications for protecting minors from problematic online content.

  • 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

Product Terms and Conditions

Fibre Internet

Fibre Routers:

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:

  • provided the router is in a good working condition, return the router to Webafrica with its original packaging
  • pay Webafrica the full retail price for the router
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.

LTE at Home

LTE Routers:

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:

  • provided the router is in a good working condition, return the router to Webafrica with its original packaging
  • pay Webafrica the full retail price for the router
LTE Sim Only Credit:

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.

General ADSL Usage Policy

 

To ensure our customers receive a fast, quality and sustainable online experience all the traffic on the network is prioritised by type.

Using traffic prioritisation ensures that critical time sensitive applications, for example streaming, gaming or VoIP have a higher priority and will be fully operational regardless of the load on the network. In addition, by effectively utilising traffic priority management we also reduce the chance of the network becoming congested in the first place.

For further information pertaining to our Bandwidth Priority Profiles and how these relate to our ADSL Product Ranges, please read the relevant Knowledge Base article here

Webafrica reserves the right to amend the General ADSL Usage Policy as necessary. This is to ensure optimal performance across our network for the majority of ADSL customers.

Business Uncapped Usage Guidelines and Acceptable Usage Policy

 

Webafrica is engaged in provisioning quality services to its customers. To ensure the integrity of the network and to offer customers fair and equal usage across the board, Webafrica reserves the right to undertake the necessary steps to prevent excessive usage by the following means:

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 Business Uncapped ADSL account.
  • Any attempt to bypass Shaping Policies may result in termination of the Uncapped ADSL account.

Webafrica’s Business Uncapped solution is a prioritised service, based off available network capacity along with current and historic usage trends.

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 Acceptable Use Policy should be reported to [email protected]

Please Note:

Webafrica reserves the right to amend the Acceptable Usage Policy for Business Uncapped ADSL accounts as necessary. This is to ensure optimal performance across our network for the majority of Business Uncapped customers.

Webafrica’s Business Uncapped solution makes use of our Gold bandwidth prioritisation standard, for further information pertaining to this please search the Knowledge Base.

Home Uncapped Usage Guidelines and Acceptable Use

To ensure that all customers have fair and equal use of the Home 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 Home Uncapped ADSL account.
  • Any attempt to bypass Shaping Policies may result in termination of the Uncapped ADSL account.

Webafrica’s Home Uncapped solution is a prioritised service, based off available network capacity along with current and historic usage trends.

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 Acceptable Usage Policy should be reported to [email protected]

Please note:

Webafrica reserves the right to amend the Acceptable Usage Policy for Home Uncapped ADSL accounts as necessary. This is to ensure optimal performance across our network for the majority of Home Uncapped customers.

Webafrica VISP Agreement

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