terms_of_enduser_signup_debitorder
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terms_of_enduser_signup_debitorder [2024/12/30 20:47] – thesaint | terms_of_enduser_signup_debitorder [2024/12/30 21:12] (current) – thesaint | ||
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* **1.1.4** “Customer Support Schedule” means the schedule containing customer support information which may be obtained from SupportCALL on request; | * **1.1.4** “Customer Support Schedule” means the schedule containing customer support information which may be obtained from SupportCALL on request; | ||
* **1.1.5** “Effective Date” means, notwithstanding the date of signature of this Agreement, the date when the Service/s is commissioned by SupportCALL for use by the Customer irrespective of whether or not the Customer uses the Service/s; | * **1.1.5** “Effective Date” means, notwithstanding the date of signature of this Agreement, the date when the Service/s is commissioned by SupportCALL for use by the Customer irrespective of whether or not the Customer uses the Service/s; | ||
- | * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with registration number | + | * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with CIPC registration number |
+ | * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with ABN registration number TBA; | ||
* **1.1.7** “Initial Period” means the initial contract term of the Service/s, as set out in the Service Schedule (Schedule 1) hereto; | * **1.1.7** “Initial Period” means the initial contract term of the Service/s, as set out in the Service Schedule (Schedule 1) hereto; | ||
* **1.1.8** “Proprietary Information” means any and all trade secrets and data/ | * **1.1.8** “Proprietary Information” means any and all trade secrets and data/ | ||
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* **4.4** Customer shall at all times adhere to and ensure compliance with the Customer Support Schedule. | * **4.4** Customer shall at all times adhere to and ensure compliance with the Customer Support Schedule. | ||
* **4.5** Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against SupportCALL, | * **4.5** Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against SupportCALL, | ||
- | * **4.6** Customer may not at any time use the Service in contravention of any South African law. In particular, Customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. Customer acknowledges that SupportCALL has no obligation to assist Customer in this regard. | + | * **4.6** Customer may not at any time use the Service in contravention of any South African |
==== 5. Warranties ==== | ==== 5. Warranties ==== | ||
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==== 14. Governing Law And Jurisdiction ==== | ==== 14. Governing Law And Jurisdiction ==== | ||
- | * **14.1** This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa, and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction. | + | * **14.1** This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa |
==== 15. Domicilium Citandi Et Executandi ==== | ==== 15. Domicilium Citandi Et Executandi ==== | ||
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* **16.7** In the event of any expiration, termination, | * **16.7** In the event of any expiration, termination, | ||
* **16.8** The terms and conditions appearing in the Schedule(s) hereto are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail. | * **16.8** The terms and conditions appearing in the Schedule(s) hereto are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail. | ||
- | * **16.9** By purchasing this service, you agree to our Acceptable Use Policy below or [[http:// | + | * **16.9** By purchasing this service, you agree to our Acceptable Use Policy below or [[http:// |
* **16.10** These terms and conditions, together with the Schedule(s), | * **16.10** These terms and conditions, together with the Schedule(s), | ||
==== 17. SupportCALL Acceptable Use Policy ==== | ==== 17. SupportCALL Acceptable Use Policy ==== | ||
* **17.1 Introduction** | * **17.1 Introduction** | ||
- | SupportCALL is committed to complying with legislation and ensuring all its customers have the ability to use its network and the Internet without interference or harassment from other users. SupportCALL’s Acceptable Use Policy is designed to help achieve these goals. | + | SupportCALL is committed to complying with legislation and ensuring all its customers have the ability to use its network and the Internet without interference or harassment from other users. SupportCALL’s Acceptable Use Policy is designed to help achieve these goals.\\ |
- | By using any of SupportCALL’s services, customers agree to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. SupportCALL reserves the right to change or modify the terms of the Acceptable Use Policy at any time, by posting an updated version on its website at [[http:// | + | \\ |
+ | By using any of SupportCALL’s services, customers agree to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. SupportCALL reserves the right to change or modify the terms of the Acceptable Use Policy at any time, by posting an updated version on its website at [[http:// | ||
* **17.2 Scope of the Acceptable Use Policy** | * **17.2 Scope of the Acceptable Use Policy** | ||
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* **17.3 Prohibited Activities** | * **17.3 Prohibited Activities** | ||
- | | + | **General Prohibitions: |
- | * unlawful, incitement to commit criminal acts, harmful to or interferes with use of SupportCALL’s network or systems, or the network of any other provider; | + | |
- | * interferes with the use or enjoyment of services received by others; | + | * unlawful, incitement to commit criminal acts, harmful to or interferes with use of SupportCALL’s network or systems, or the network of any other provider; |
- | * infringes intellectual property rights; | + | * interferes with the use or enjoyment of services received by others; |
- | * results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, | + | * infringes intellectual property rights; |
- | * constitutes abuse, a security risk, or a violation of privacy. | + | * results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, |
+ | * constitutes abuse, a security risk, or a violation of privacy. | ||
- | | + | **Unlawful Activities: |
- | IP Services shall not be used in connection with any criminal, civil, or administrative violation of any applicable local, provincial, national, or international law, treaty, court orders, ordinance, regulation, or administrative rules. | + | IP Services shall not be used in connection with any criminal, civil, or administrative violation of any applicable local, provincial, national, or international law, treaty, court orders, ordinance, regulation, or administrative rules. |
- | | + | **Violation of Intellectual Property Rights: |
- | IP Service(s) shall not be used to publish, submit/ | + | IP Service(s) shall not be used to publish, submit/ |
- | | + | **Threatening Material or Content: |
- | IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name) that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize SupportCALL-provided web or content hosting, SupportCALL reserves the right to decline to provide such services if the content is determined by SupportCALL to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent, or promoting the use of violence, or otherwise harmful to others. | + | IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name) that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize SupportCALL-provided web or content hosting, SupportCALL reserves the right to decline to provide such services if the content is determined by SupportCALL to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent, or promoting the use of violence, or otherwise harmful to others. |
* **17.4 Spam/E-mail Abuse: | * **17.4 Spam/E-mail Abuse: | ||
- | | + | * Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but is not limited to, the following activities: |
- | * Sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipients. | + | * Sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipients. |
- | * Sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services. | + | * Sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services. |
- | * Sending unsolicited electronic messages with petitions for signatures or requests for charitable donations or sending any chain mail-related materials. | + | * Sending unsolicited electronic messages with petitions for signatures or requests for charitable donations or sending any chain mail-related materials. |
- | * Sending bulk electronic messages without identifying, | + | * Sending bulk electronic messages without identifying, |
- | * Sending electronic messages, files, or other transmissions that exceed contracted capacity or create the potential for disruption of the SupportCALL network or the networks with which SupportCALL interconnects. | + | * Sending electronic messages, files, or other transmissions that exceed contracted capacity or create the potential for disruption of the SupportCALL network or the networks with which SupportCALL interconnects. |
- | * Using another site’s mail server to relay mail without the express permission of that site. | + | * Using another site’s mail server to relay mail without the express permission of that site. |
- | * Using another computer, without authorization, | + | * Using another computer, without authorization, |
- | * Using IP addresses that the Customer does not have a right to use. | + | * Using IP addresses that the Customer does not have a right to use. |
- | * Collecting the responses from unsolicited electronic messages. | + | * Collecting the responses from unsolicited electronic messages. |
- | * Sending messages that are harassing or malicious or otherwise could reasonably be predicted to interfere with another party’s use of the IP Services or the Internet. | + | * Sending messages that are harassing or malicious or otherwise could reasonably be predicted to interfere with another party’s use of the IP Services or the Internet. |
- | * Using distribution lists containing addresses that include individuals who have opted out. | + | * Using distribution lists containing addresses that include individuals who have opted out. |
- | * Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header. | + | * Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header. |
- | * Using redirect links in unsolicited commercial e-mails to advertise a website or service. | + | * Using redirect links in unsolicited commercial e-mails to advertise a website or service. |
- | * Posting a message to more than twenty (20) online forums or newsgroups that could reasonably be expected to generate complaints. | + | * Posting a message to more than twenty (20) online forums or newsgroups that could reasonably be expected to generate complaints. |
- | * Knowingly deleting any author attributions, | + | * Knowingly deleting any author attributions, |
- | * Using, distributing, | + | * Using, distributing, |
* **17.5 Connectivity Services: | * **17.5 Connectivity Services: | ||
- | | + | |
- | * We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour. | + | * We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour. |
- | * You may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial-up, ADSL, or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and multi-user interactive forums. You may not share your services. | + | * You may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial-up, ADSL, or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and multi-user interactive forums. You may not share your services. |
- | * You may not restrict, inhibit, or interfere with the ability of any person to access, use, or enjoy the Internet or any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, | + | * You may not restrict, inhibit, or interfere with the ability of any person to access, use, or enjoy the Internet or any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, |
- | * We reserve the right to establish policies, rules, and limitations, | + | * We reserve the right to establish policies, rules, and limitations, |
- | * We will manage bandwidth usage to the best of our ability during peak periods; however, it remains a best-effort service. | + | * We will manage bandwidth usage to the best of our ability during peak periods; however, it remains a best-effort service. |
- | * We reserve the right to manage our network to optimize its efficiency for the benefit of all our subscribers, | + | * We reserve the right to manage our network to optimize its efficiency for the benefit of all our subscribers, |
- | * You may not use the service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications to simulate network activity to avoid session inactivity disconnection. | + | * You may not use the service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications to simulate network activity to avoid session inactivity disconnection. |
- | * We do not make any express or implied representations, | + | * We do not make any express or implied representations, |
- | * We are committed to providing you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available. | + | * We are committed to providing you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available. |
- | * We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you. | + | * We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you. |
* **17.6 Security Violations: | * **17.6 Security Violations: | ||
- | | + | * Customers are responsible for ensuring and maintaining the security of their systems and the machines that connect to and use IP Service(s), including the implementation of necessary patches and operating system updates. |
- | IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of SupportCALL’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to: | + | |
- | * Unauthorized monitoring, scanning, or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses. | + | * Unauthorized monitoring, scanning, or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses. |
- | * Hacking, attacking, gaining access to, breaching, circumventing, | + | * Hacking, attacking, gaining access to, breaching, circumventing, |
- | * Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.). | + | * Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.). |
- | * Using any program, file, script, command, or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet, or any other means of communication. | + | * Using any program, file, script, command, or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet, or any other means of communication. |
- | * Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers, or network probing tools (except in the case of authorized legitimate network security operations). | + | * Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers, or network probing tools (except in the case of authorized legitimate network security operations). |
- | * Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or any other similar software or programs that may damage the operation of another’s computer, network system, or other property, or be used to engage in modem or system hijacking. | + | * Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or any other similar software or programs that may damage the operation of another’s computer, network system, or other property, or be used to engage in modem or system hijacking. |
- | * Engaging in the transmission of pirated software. | + | * Engaging in the transmission of pirated software. |
- | * Using manual or automated means to avoid any use limitations placed on the IP Services. | + | * Using manual or automated means to avoid any use limitations placed on the IP Services. |
- | * Providing guidance, information, | + | * Providing guidance, information, |
- | * Failure to take reasonable security precautions to help prevent violation(s) of this Acceptable Use Policy. | + | * Failure to take reasonable security precautions to help prevent violation(s) of this Acceptable Use Policy. |
- | ---- | + | * **17.7 Customer Responsibilities: |
- | Let me know if you'd like me to continue! | + | * Customers remain solely responsible for the content posted, hosted, or transmitted using IP Services. SupportCALL assumes no responsibility for any material accessible via IP Services. Customers must take corrective action |
- | + | | |
- | + | | |
- | + | * Limitation, restriction, | |
- | | + | * Immediate termination of agreements. |
- | Customers remain solely responsible for the content posted, hosted, or transmitted using IP Services. SupportCALL assumes no responsibility for any material accessible via IP Services. Customers must take corrective action to address violations of the Acceptable Use Policy. | + | * Billing for costs incurred by SupportCALL as a result of violations. |
- | + | * Disclosing information related to violations when legally required or appropriate. | |
- | * **17.7 | + | * Customers are encouraged to report violations of this Acceptable Use Policy to abuse@supportcall.co.za Reports should include sufficient detail to enable investigation and resolution. |
- | SupportCALL reserves the right to take necessary actions against violations, including but not limited to: | + | |
- | * Limitation, restriction, | + | |
- | * Immediate termination of agreements. | + | |
- | * Billing for costs incurred by SupportCALL as a result of violations. | + | |
- | * Disclosing information related to violations when legally required or appropriate. | + | |
- | * Customers are encouraged to report violations of this Acceptable Use Policy to abuse@jenny.co.za. Reports should include sufficient detail to enable investigation and resolution. | + | |
* **17.7 Customer Responsibilities: | * **17.7 Customer Responsibilities: | ||
- | | + | * Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/ |
- | Customers are responsible for taking prompt corrective action(s) to remedy a violation of the Acceptable Use Policy and to help prevent similar future violations. | + | |
* **Acceptable Use Policy Enforcement and Notice: | * **Acceptable Use Policy Enforcement and Notice: | ||
- | | + | * Customer’s failure to observe the guidelines set forth in this Acceptable Use Policy will be regarded as a material breach and may result in SupportCALL taking actions, which may either be a warning, a suspension, or termination of Customer’s services. When reasonably possible, SupportCALL may provide Customer with a notice of an Acceptable Use Policy violation allowing the Customer to promptly correct such violation. |
- | If the IP Services are used in a way that we, in our reasonable discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, | + | |
- | * Temporary or permanent removal of content. | + | * Temporary or permanent removal of content. |
- | * Cancellation of newsgroup posts. | + | * Cancellation of newsgroup posts. |
- | * Filtering of Internet transmissions. | + | * Filtering of Internet transmissions. |
- | * Immediate limitation, restriction, | + | * Immediate limitation, restriction, |
- | + | ||
- | Should you engage in any one or more of the above activities, which shall be determined in SupportCALL’s reasonable discretion and which decision shall be final, then SupportCALL shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate. Such actions may include, without limitation: | + | |
- | * Without notice, temporary or permanent limitation, restriction, | + | |
- | * Termination of all agreements with you with immediate effect. | + | |
- | * Billing you for any costs incurred by SupportCALL as a result of the offending activity, including (but not limited to) bandwidth used, administration costs, downtime, usage of SupportCALL’s name or registered domain names, and CPU cycles. | + | |
- | * Disclosure of information relating to the offending activity as may be required under the circumstances. | + | |
- | | + | * Should you engage in any one or more of the above activities, which shall be determined in SupportCALL’s reasonable discretion and which decision shall be final, then SupportCALL shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate. Such actions may include, without limitation: |
+ | * Without notice, temporary or permanent limitation, restriction, | ||
+ | * Termination of all agreements with you with immediate effect. | ||
+ | * Billing you for any costs incurred by SupportCALL as a result of the offending activity, including (but not limited to) bandwidth used, administration costs, downtime, usage of SupportCALL’s name or registered domain names, and CPU cycles. | ||
+ | * Disclosure of information relating to the offending activity as may be required under the circumstances. | ||
+ | \\ | ||
+ | * SupportCALL has no obligation to monitor the content of any materials distributed or accessed using the IP Services. However, SupportCALL may monitor content of any such materials as necessary to comply with applicable laws, regulations, | ||
* **17.8 Incident Reporting: | * **17.8 Incident Reporting: | ||
- | | + | * Any complaints (other than claims of copyright or trademark infringement) regarding violation of this Acceptable Use Policy by a SupportCALL Customer (or its user) should be directed to abuse@supportcall.co.za. Include details that would assist SupportCALL in investigating and resolving such complaints. |
terms_of_enduser_signup_debitorder.1735591654.txt.gz · Last modified: by thesaint