Terms and Conditions

SECURE YOUR FUTURE WITH THE HIGHEST QUALITY YET AFFORDABLE INTERNET OUT THERE!

Terms and Conditions

These Terms and Conditions, together with any Application Forms, Schedules and/or Annexures, constitute the entire agreement (“The Agreement”) between you (“The Customer”) and Web Connection (Pty) Ltd (“Web Connection”), Reg. Number: 2015/341632/07, Vat number: 4220272019.

The Agreement shall commence on the date that the order is processed through the Web Connection “Client Zone”, and shall, unless otherwise provided for, remain in force unless and until terminated in accordance with the provisions of this Agreement.

It is recorded herein that the Internet Services provided by Web Connection for access to the Internet shall be subject to the terms and conditions as set out in this Agreement and furthermore subject to the Fibre Network Operator (FNO) standard conditions, as amended from time to time, which is incorporated herein. The Customer shall obtain a copy of such terms and conditions, which is available upon request.

Web Connection will do all things reasonably necessary to provide and maintain a best-effort continuous Internet access Service and use to the Customer, but cannot guarantee a continuous uninterrupted Service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure. No Service level agreement is associated with the Service/s provided by Web Connection.

A customer who signs the Agreement on behalf of a Company, Close Corporation or Trust, hereby binds himself/herself as surety and co-principal debtor jointly and severally with the Company, Close Corporation or Trust (“the Debtor”) for the due performance by the Debtor of all its obligations to Web Connection arising from any cause whatsoever and whether presently due, owing and payable or becoming due, owing and payable in the future.

Web Connection shall not be liable in terms of the Agreement in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or any third party which arises out of or is pursuant to any negligent act or omission of Web Connection or its consultants/employees due to boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, and work stoppages, however not limited thereto. Nevertheless, the Customer shall not withhold payment in these circumstances. The Customer acknowledges that the Services are used at own risk. Web Connection will not be liable in delict, contract, and warranty or otherwise for any consequential or direct damage suffered by the Customer or third party;

  1. Resulting from the Customer’s or third party’s access to and use of the Services, hacking, unauthorized interference with data, loss of business information or data, distributing technology to counter security, virus or other malicious service attacks, Spam, errors or any other online infringements.

  2. Which arises out of or is pursuant to any failure to provide continuous access to the Services, or is pursuant to any negligent act or omission of Web Connection or its consultants/employees or is pursuant to any gross negligent or willful act or omission of Web Connection or its consultants/employees.

  3. Resulting from material, which may be accessible through use of and access to the Internet Services, and the Customer’s access to, assimilation of, and distribution of all and any material accessed via the Internet, is at the Customer’s sole risk.

  4. Resulting from the Customer’s or third party’s use of the Internet for unlawful purposes, including but not limited to, fraudulent activities, child pornography or other obscene material.

Web Connection acknowledges that every individual has the right to privacy and undertakes to keep such information private and confidential, however Web Connection may be forced to disclose information to a Court of Law.

Any individual who feels that another person has incriminated him/her, may report the activity to the nearest Police station.

Web Connection reserves the right to monitor user and network traffic for site security purposes and reserves the right in sole discretion to remove information or data that is deemed to be offensive, indecent, or otherwise objectionable.

The parties irrevocably consent to the jurisdiction of the Magistrates Courts for matters arising from or in connection with the Agreement, provided that Web Connection may institute proceedings claiming relief, whether interim, permanent, urgent or not, from any Court in South Africa with jurisdiction to hear and determine the matter.

This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.

The Service/s rendered by Web Connection shall be capable of change or variation by the Customer by way of Online Account Management through the “Client Zone” or by email, however Service/s shall not be capable of change or variation by way of telephone. Any variation of or addition to this Agreement will be not be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.

Web Connection reserves the right to remove any content hosted by them which it considers illegal or for which it has received a take-down notice from the relevant authority.  Furthermore, Web Connection reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions or any other contractual obligations.

Web Connection nominate ISPA as my agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act

Internet Service Providers’ Association (ISPA)
Address: P.O. Box 518, Noordwyk, 1687
Telephone: 010 500 1200 Email: complaints@ispa.org.za

 

Web Connection commits to adhere to the provisions of Chapter 7 of the ECT Act (the consumer protection provisions), if applicable; and the provisions of Chapter 8 of the ECT Act (the privacy provisions), if applicable, and that it shall have a privacy policy which is prominently displayed on and accessible from the client’s website.

In the event that the Customer commits a breach of the terms and conditions of the Agreement and fails to remedy such breach within 7 (SEVEN) calendar days after receiving notice from Web Connection, to do so, Web Connection may without prejudice to any other remedies which they may have in terms of the Agreement or at law, be entitled to terminate the Agreement by written notice to the Customer.

Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other.

No indulgence, waiver, leniency or extension of a right, which the Customer may have in terms of this Agreement, shall in any way prejudice Web Connection, or preclude Web Connection from exercising any of the rights that it has derived from this Agreement, and shall not be construed as a waiver of that right.

In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. Web Connection reserves the right to amend these standard conditions from time to time.

In no event, whatsoever, shall Web Connection or its consultants or employees be liable to the Customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, support services, Hardware, Firewalls, Software and Web hosting rendered by Web Connection in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.

The Customer indemnifies Web Connection against any liability arising out of a breach of any of the Customer’s warranties, and of the Customer’s negligence in respect of the content and the Website or Website design.

The Customer hereby indemnifies and agrees to keep indemnified Web Connection in respect of all claims made by a third party that the Software or the Website or any part thereof contains any material or information which infringes any right of the third party and, further indemnifies Web Connection against all costs and damages awarded against Web Connection under any judgment in any jurisdiction as a result of such claim.

The Parties elect the following addresses as their respective domicilium citandi et executandi:

  1. Web Connection (Pty) Ltd: 220 Jan Smuts Avenue, Dunkeld West, 2196.

  2. Customer: The site address that the order was processed against.

  3. Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such notice is received by the addressee, at least seven (7) calendar days prior to such change taking effect.

Web Connection does not pay the Fibre Network Operator (FNO) installation or activation fees unless this has been indisputably specified in the package ordered by the Customer through the Web Connection “ClientArea”. The moment an Order is processed from the Web Connection “ClientArea”, the Customer will receive an Order Confirmation Email detailing the chosen package and its unique attributes, and it will be the Customer’s responsibility to ensure that any discrepancies are addressed with the Web Connection Sales Team within 48 hours thereof. All first time installs placed on Vumatel’s fibre network (homes without an operational Vumatel CPE or ONT) will be subjected to an installation cost of R1, 725 including VAT.”

Web Connection will retain full ownership of any and all equipment that is installed in the Customer and paid for by Web Connection, this includes the Fibre Network Operator (FNO) Customer Premises Equipment (CPE) or GPON Terminal (ONT), and any Web Connection supplied wired or wireless networking or communication equipment.  It is hereby agreed that the Customer will have no right to remove any Web Connection equipment from the premises in which it is installed without obtaining prior written consent from Web Connection.  Furthermore it is the full responsibility of the Customer to insure any and all equipment supplied by Web Connection on their general household insurance policy against any loss, at the values listed in the Web Connection General Pricelist which can be found in the Web Connection “Welcome Pack” that is automatically emailed to the Customer’s registered email address when an Order is processed through the Web Connection “Client Zone”.  In the event that this email was not received it will be the Customer’s responsibility to notify the Web Connection Sales Team by email within 48 hours thereof.

Web Connection reserves the right at any time, without notice, to immediately suspend and/or terminate the provision of access to the Internet or other Services due to non-payment by the Customer or should it be required to comply with such a requirement in terms of any laws or regulations in effect and applicable to this Agreement. The Customer agrees to effect payment by way of Debit Order, unless otherwise agreed, and hereby consents to Web Connection deducting fees, deposits and other amounts from the account/s specified. The Customer, shall be liable, and immediately pay upon demand, for unauthorized bandwidth usage over and above the agreed bandwidth usage in any particular month, notwithstanding the fact that the Customer may have access to and use of any additional bandwidth in such month.

The Customer shall pay all amounts due to Web Connection in advance, unless otherwise agreed in writing, and upon receipt by the Customer of the relevant invoices. If payment is not received by the due date, Web Connection shall be entitled to charge interest on the unpaid amount, which is payable by the Customer, at the overdraft rate charged by Web Connection’s Bankers plus 5% per annum, compounded monthly and calculated from the due date of payment.
Should Web Connection incur costs in the collection of any Debt in terms of the Agreement, the Customer shall pay such costs on the attorney-and-client scale as well as collection costs calculated at 10 % (TEN PERCENT) of each and every payment made in reduction of the Principal Debt, interest and costs.

All failed debit orders will be subject to a penalty charge, and two consecutive occurrences will constitute a breach of agreement that will initiate the termination of your service along with the Early Termination Penalties.

Abbreviated Name as Registered with the Bank: WEBCONNECT

Legal entity: FTTX Web Connection (Pty) Ltd trading as Web Connection

Registered Address:  220 Jan Smuts Avenue, Dunkeld West, Randburg, Gauteng, 2196

Client Area: (https://clients.webconnection.co.za/clientarea.php)

Telephone Number: 087 245 0245

Email Address: billing@webconnection.co.za

This electronic Authority and Mandate refers to my/our Web Connection fibre internet services subscription (“the Agreement”) but will include any additional products or services procured by me/us from Web Connection at any given time whilst I/we remain an active Web Connection subscriber.  These additional products and services include but are not limited to Web Connection’s range of Wi-Fi enabled routers, VoIP phones, and home networking products and services that I may order either through the Client Area, by email, or by signed job card/quotation/delivery note.

I/We hereby authorise Web Connection to issue and deliver payment instructions to its Banker for collection against my/our bank account (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement commencing today, and continuing until this Authority and Mandate is terminated by me/us by following the cancellation instructions defined below.

The individual payment instructions so authorised must be issued and delivered monthly on the anniversary of my/our service start date, and I/we understand that I/we are entitled to adjust this date without penalty, including any future custom December payment instruction dates that I/we may require so long as these requests are recorded in writing and enclosed in a ‘ticket’ allocated to the Web Connection ‘Billing’ team, opened by me/us through my/our profile in the Web Connection Client Area.  I/we further agree that these tickets will be submitted with at least 7 days’ notice prior to the forthcoming automated/regular/custom payment instruction date thus allowing reasonable time or my/our request to be processed, and that it will be my/our responsibility to get assistance with the opening of any such tickets should I/we experience any difficulty in doing so.

In the event that the chosen payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.  

I/We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement, and that each transaction will contain a number that will assist with the identification of this Agreement.

Mandate

I/We acknowledge that all payment instructions issued by Web Connection will be treated by my/our Bank as if the instructions have been issued by me/us personally.

Cancellation

I/We agree that although this Authority and Mandate may be cancelled by me/us, but that such cancellation will not cancel the Agreement. I/We shall not be entitled to the refund of any prior successful payment instructions withdrawn while this Authority was in force, if such amounts were legally owing to Web Connection.  I/We agree that ‘valid’ payment instruction cancellation requests will done from my/our profile in the Web Connection Client Area, and recorded in writing enclosed in a ticket allocated to the ‘Billing’ team, and that a reasonable cancellation notice period of 30 days will be accepted as the minimum notice period.

I/We understand that early termination penalties will apply to all orders cancelled within the first 12 months from the date of the original order placement/processing, these early cancellation penalties will assist Web Connection to recover the costs they paid for and on my/our behalf to get my/our order processed, and will include but are not limited to any fibre network operator installation and activation costs, Web Connection’s current list price of the associated Wi-Fi enabled router, and its associated courier costs.

Returned Debit Orders

I/We understand that every returned debit order results in unnecessary penalty charges for Web Connection from its Banker and therefore agree to accept an automated penalty charge of 1% (one percent) of the returned payment instruction amount provided that the failure was not due to any wrong doing by Web Connection, its staff, or automated systems.  I further agree that two consecutive occurrences will constitute a breach of agreement that will initiate the early termination of my/our Agreement and allow the addition of the early termination penalties to my total outstanding balance legally owing to Web Connection.

Assignment

I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

I/We understand that early termination penalties will apply to all orders cancelled within the first 12 months from the date of the original order placement/processing, these early cancellation penalties will assist Web Connection to recover the costs they paid for and on my/our behalf to get my/our order processed, and will include but are not limited to any fibre network operator installation and activation costs, Web Connection’s current list price of the associated Wi-Fi enabled router, and its associated courier costs.

The cancellation notice period is 30 days and the will only be considered as a valid cancellation request if it was submitted in writing by email from the subscriber’s registered email address to accounts@webconnection.co.za, or online through the Web Connection “Client Zone”.  Please note that all Web Connection orders are subject to a minimum subscription period which means that any service cancelled within the first 12 months may be subjected to an early termination penalty. Cancellations will take effect on the 25th of a given month after the 30 days notice period.

Postal address: PO Box 714, Parklands, 2121
Physical address: 220 Jan Smuts Avenue, Dunkeld West, 2196
Telephone: +27 (0)87 245 0245
Telephone: +27 (0)11 912 9300
Fax: +27 (0)11 912 9400
Email: sales@webconnection.co.za
Website: https://www.webconnection.co.za

Client Zone: https://clients.webconnection.co.za

 

Acceptable Use Policy

By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

Web Connection respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

Web Connection confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Web Connection is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code

Web Connection’s services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:

  1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

  2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

  3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Web Connection cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Web Connection’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.

  4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

  5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Web Connection on behalf of another subscriber without their consent.

  6. Any violation of the exchange control laws of the Republic.

  7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.

  8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Web Connection will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Web Connection resources, including the provisioning of all personal identifiable data.

The following sections outline activities that are considered an unacceptable use of Web Connection’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

Any activity which threatens the functioning, security and/or integrity of Web Connection’s network is unacceptable. This includes:

  1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Web Connection for this goal;

  2. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;

  3. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;

  4. Any activity which threatens to disrupt the service offered by Web Connection through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

  5. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.

  6. Any unauthorised monitoring of data or traffic on the network without Web Connection’s explicit, written consent.

  7. Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

  8. Any effort to use Web Connection’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

In reading this AUP or in signing a service contract with Web Connection, you acknowledge that Web Connection has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that Web Connection cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Web Connection network websites and web pages or sites displayed as search results or contained within a directory of links on the Web Connection network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
Web Connection employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and Web Connection reserves the right to delete and/or cancel posts which violate the following conditions:

  1. Excessive cross-posting of the same article to multiple newsgroups.

  2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).

  3. Posting binaries to a non-binary newsgroup.

  4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Web Connection will take swift and firm action against any user engaging in any of the following unacceptable practices:

  1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

  2. Operating or maintaining mailing lists without the express permission of all recipients listed;

  3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;

  4. Using Web Connection’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;

  5. Including Web Connection’s name in the header or by listing an IP address that belongs to Web Connection in any unsolicited email whether sent through Web Connection’s network or not;

  6. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Web Connection reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Web Connection also reserves the right to examine the mail servers of any users using Web Connection’s mail servers for “smarthosting” (when the user relays its mail via a Web Connection mail server to a mail server of its own or vica-versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Web Connection’s privacy policy.

Web Connection provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Web Connection shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Web Connection reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.

Webmail and other web based email services made available by Web Connection are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Web Connection shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Web Connection. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Web Connection prohibits customers from using Web Connection’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Web Connection respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

Customers are responsible for any misuse of Web Connection’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorized persons do not gain access to or misuse Web Connection’s service.

Web Connection urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Web Connection cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorized a minor to use any of the Web Connection’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

Web Connection cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Web Connection network. Further, Web Connection assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.

Web Connection confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Web Connection’s designated agent for this process is the Internet Service Providers’ Association. ISPA can be reached at 010 500 1200 or takedown@ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.

Customers are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Web Connection’s designated complaints handling agent.

Please note that Web Connection cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for Web Connection to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

  1. the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;

  2. any contact details for the source of the complaint;

  3. a brief explanation why the incident is considered to be an offence.

Web Connection discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

Action following breach of the Acceptable Use Policy Upon receipt of a complaint, or having become aware of an incident, Web Connection may take any of the following steps:

  1. In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;

  2. In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;

  3. In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;

  4. In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

  5. Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

  6. Institute civil or criminal proceedings;

  7. Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies

Web Connection reserves the right to amend or alter this policy at any time, and without notice to you.

Web Connection reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

Web Connection reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

Web Connection reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

Web Connection reserves the right to suspend, revoke or cancel Web Connection’s services to the customer/user if the safety and integrity of Web Connection’s resources are placed at risk in continuing to provide service to the subscriber/user.

Web Connection reserves the right to remove any information or materials in whole or in part, that, in Web Connection’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Web Connection does not undertake to guarantee the security of any data passing through its networks. Although Web Connection will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Web Connection cannot be held liable for any loss or damage arising as result of the failure to do so.

Web Connection does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Web Connection fail, neglect or elect not to enforce a breach of the AUP at any time.

 

Privacy Policy

At times, Web Connection will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.

The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

Web Connection respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.

Web Connection may collect personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.

Web Connection may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, Web Connection will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at +27-11-912-9300.

Web Connection may collect and share aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.

Web Connection may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.

Any information Web Connection collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within Web Connection or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Web Connection may host for you, is available to anyone else who visits that space. Web Connection cannot safeguard any information you disclose there.

Web Connection’s websites contain many links to sites that belong to third parties unrelated to us. Web Connection cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. Web Connection cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.

Web Connection will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Web Connection undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.

Web Connection reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
Web Connection further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.

Web Connection reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.

Web Connection reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

Web Connection reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.