Although we don't like using "terms and conditions". We need to have this to keep both you, our valued client, and us as your service provider safe
1. Points of urgency:
- You agree to provide Webbed Web Services with true and correct information in order to provide service to you and give Webbed Web Services permission to process your personal information.
- You agree that these terms may change and that you will check regularly for changes on the Webbed Web Services website.
- You agree that abusive behaviour towards Webbed Web Services’s staff or brand will not be tolerated.
- You agree that you will ensure that you choose and be responsible for the the products that suit your needs.
- You agree that failing to pay your Webbed Web Services account on time may lead to account termination and/or administrative fees and possible reconnection fees.
- You agree that either yourself or Webbed Web Services may cancel this contract by giving the other notice.
- You limit Webbed Web Services’s liability and indemnify Webbed Web Services for various acts or omissions.
- “Webbed Web Services” means either of Webbed Web Services (Pty) Ltd or Webbed Web Services SP (Pty) Ltd or any other entity which Webbed Web Services (Pty) Ltd or Webbed Web Services SP (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
- “Webbed Web Services Website” means the Internet website published at the URL “www.webbed-ws.co.za” or another URL that Webbed Web Services notifies the Client of from time to time.
- “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
- “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
- “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
- “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
- “Client” is the party described as such on any Application or Service Order executed between it and Webbed Web Services.
- “Client Data” means Data:
- 1transmitted to the Client using the Webbed Web Services System,
- stored by the Client on the Webbed Web Services System (or on the Client System as the case may be), or
- transmitted by the Client via the Webbed Web Services System,
- in the day-to-day utilisation of a Service.
- “Client Portal” means the Client account login area of Webbed Web Services’s portal, accessed by using Client credentials and passwords;
- “Data” means electronic representations of information in any form.
- “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
- “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
- “Emergency Maintenance” means maintenance to the Webbed Web Services System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Webbed Web Services, the Client or any third party.
- “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
- “Goods” means any and all goods to be provided by Webbed Web Services to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
- “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
- “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
- “Malicious Code” means anything that contains any computer software routine or code intended to:
- 1allow unauthorised access or use of a computer system by any party, or
- disable, damage, erase, disrupt or impair the normal operation of a computer system,
- and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
- “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
- “OTP” means One-Time Pin or One-Time Password that is used for login to Webbed Web Services systems or for verification purposes.
- “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
- “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Webbed Web Services to the Client.
- “Service Terms” means a document describing the terms on which Webbed Web Services will provide a particular Good or Service, as amended from time to time.
- “General Terms” means this document.
- “Supplier” means a supplier of goods and / or services to Webbed Web Services.
- “Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
- “User/s” means the Client or any other person accessing any the Services provided by Webbed Web Services.
3. How the Agreement Works
- The Goods and Services that Webbed Web Services will provide to the Client will be described in Service Orders.
- These General Terms apply to all Services.
- More details of particular Goods or Services may be contained in Service Terms.
- The Service Order(s), Service Terms, and this document together form the Agreement between Webbed Web Services and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
4. Applications and Initiation
- Webbed Web Services will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.
- Webbed Web Services reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
- An Application must be submitted via the Webbed Web Services Website or Client Portal. Once an Application is accepted by Webbed Web Services it becomes a Service Order.
- Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Webbed Web Services (unless amended or renewed by another Service Order).
- The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
5. Client’s Commitments
- The Client confirms that all statements made to Webbed Web Services are true and correct. Webbed Web Services reserves the right to request proof of any facts or claims. The Client also commits to providing Webbed Web Services with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
- Webbed Web Services reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
- The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
- The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
- In the event that any of the terms of this document 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.
6. Terms Subject to Change
- Webbed Web Services may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Webbed Web Services Website, and Webbed Web Services will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via Client Portal. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Webbed Web Services Website on a regular basis.
- Webbed Web Services must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
- If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
- If Webbed Web Services changes its Fees, the change must take place as described in this clause.
7. Interactions with Staff and Webbed Web Services Brand
- Clients will be held accountable for their conduct towards Webbed Web Services staff and in the public domain with regard to allegations or malicious conduct directed towards Webbed Web Services or its staff.
- Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Webbed Web Services or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Webbed Web Services reserves the right to suspend or terminate Services to a Client in such cases.
- Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Webbed Web Services brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
8. Availability of Services
- Webbed Web Services cannot guarantee the provision of the requested Service upon the receipt of an Application.
- Provision of the Service is subject to Webbed Web Services confirming that it is technically feasible to do so.
- Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.
9. Choice of Services and Products
- Webbed Web Services offers online application and signup for all products and Services only via Client Portal. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Webbed Web Services will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
- Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
- Webbed Web Services provides Services on the basis of information provided by the Client, and Webbed Web Services offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
- Webbed Web Services reserves the right to stop offering particular Services if it deems it necessary. Webbed Web Services will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
10. Payment and Penalties
- Webbed Web Services reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
- Webbed Web Services only accepts Debit Order and Visa/Mastercard payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Webbed Web Services’s discretion.
- Webbed Web Services will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
- Webbed Web Services will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
- If the Client’s debit order bounces for any reason, Webbed Web Services reserves the right to resubmit the debit order at any time.
- Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). Webbed Web Services retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
- Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.
- If the Client remains in default of a monthly Fee for two consecutive calendar months, Webbed Web Services may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
- Should the Client settle the unpaid Fee they will be reconnected as described below.
- Webbed Web Services may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
- If the Client’s Services are suspended or terminated for any reason, including non-payment, Webbed Web Services may charge a Reconnection Fee for subsequent reactivation of services as described in Client Portal. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Webbed Web Services may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Webbed Web Services’s right to enforce such penalties in full at any time (within their discretion).
- Reconnection of Services may be subject to a waiting period of up to 72 hours, at Webbed Web Services’s discretion, regardless of when payment is received or cleared. 10.13 In cases of suspension of Services due to non-payment, Webbed Web Services reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
- Both Admin and Reconnection fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
- In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Webbed Web Services’s discretion.
- Webbed Web Services reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Webbed Web Services’s discretion and may vary. The means and terms of termination will be determined at Webbed Web Services’s discretion. Notice of termination will be provided to the best of Webbed Web Services’s ability, but Webbed Web Services will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
- Unless otherwise agreed:
- Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
- Services are billed in advance and all invoices must be paid by the Client in advance.
- Any Services invoiced in arrears are payable on presentation of invoice.
11. Term and Termination
- Webbed Web Services operates Month-to-Month contracts. Either the Client or Webbed Web Services may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
- The Client must give notice of termination to Webbed Web Services via Client Portal. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in Client Portal. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Webbed Web Services will not be liable for any additional costs or compensation due to the error.
- Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
- Webbed Web Services reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.
- The Client acknowledges that Webbed Web Services may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
- Should Webbed Web Services agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.
13. Client Information and Privacy
- Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
- Webbed Web Services will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
- The Client consents to Webbed Web Services processing Personal Information transmitted to the Webbed Web Services System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies Webbed Web Services from any claim brought by such third party as a result of its failure to do so.
- Webbed Web Services may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However Webbed Web Services gives no warranty in respect of the effectiveness of such backups (if any).
14. Suspension or Terminations of Service
- Webbed Web Services may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
- the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Webbed Web Services’s opinion would have a negative impact on Webbed Web Services, other clients or Webbed Web Services’s staff or is detrimental to the welfare, good order or character of Webbed Web Services; or
- Any part of the Client’s Fees are not paid in full when due; or
- The information the Client supplied to Webbed Web Services is found to be incorrect or false;
- Webbed Web Services reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
- Webbed Web Services reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
- Will not be eligible for reimbursement / compensation, unless at Webbed Web Services’s discretion
- Will not be eligible for payment under the Double Money Back Guarantee or similar promotion
- May be further barred from signing up for any services with Webbed Web Services in the future
- May be reported to governing bodies, such as ISPA, for listing purposes
- May be listed with applicable authorities and credit bureaus.
- The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
- All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via Client Portal and Webbed Web Services reserves the right to ignore any such request made in any other manner.
- Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
- Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
- is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
- if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
- is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
- is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
- Despite the above:
- 1any notice that Webbed Web Services sends by email to an email account hosted on the Webbed Web Services System by the Client will be deemed to have been received by the Client on the date of transmission; and
- if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
16. Interpretation & General
- Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
- Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
- For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
- No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
- The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
- Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
- In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.