Terms and Conditions

 

GENERAL

  1. This is an agreement between you and CSinternet regarding your use of CSinternet’s products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, “the / this Agreement”)
  2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
  3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA
  4. CSinternet at its sole discretion, may choose to change the terms, conditions and operation of the Web site at anytime.
  5. By using this service the user waives any rights or claims it may have against CSinternet, regarding such changes. Without limiting the foregoing, CSinternet shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.
  6. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the CSinternet web site. CSinternet forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is CSinternet making any representation or warranty regarding any third party’s products or services, nor will CSinternet be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against CSinternet with respect to third party products and services, to the maximum extent permitted by law.

 Acceptable use policy

  1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
  2. General and Acceptable Use
  3. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
  4. Unacceptable Use
  5. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  6. CSinternet’s services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws.
  7. Due to the nature of a shared web hosting environment, CSinternet reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  8. The CSinternet shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
  9. CSinternet prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  10. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
  11. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  12. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and CSinternet fully and strictly reserves its rights in this regard.

Interpretation

  1. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. CSinternet reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
  2. System and Network Security
  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    • unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    • interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    • forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
    • employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
  2. It is contrary to CSinternet’s policy for customers to use our servers to effect or participate in any of the following activities:
    • To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
    • To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
    • To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a CSinternet provided server, or using a CSinternet provided server as a maildrop for responses;
    • To falsify user information provided to CSinternet or to other users of the service in connection with use of a CSinternet service.

Determination of a breach of this Policy

  1. CSinternet will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

  1. When CSinternet becomes aware of an alleged violation of its AUP (Acceptable Use Policy), CSinternet will initiate an investigation (within 24-48 hours). During the investigation CSinternet may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, CSinternet may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, CSinternet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, CSinternet will notify the appropriate law enforcement department of such violation.
  2. CSinternet does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
  3. You shall be held liable for any and all costs incurred by CSinternet as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
  4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
  5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
  6. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that CSinternet personnel must spend to investigate any violations.

 

  1. Modification

 

  1. CSinternet may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
  2. CSinternet reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
  3. Reporting Network Abuse
  4. Any party seeking to report any violations CSinternet’s policy may contact via e-mail. abuse@csinternet.co.za
  5. Website Take Downs
  6. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which CSinternet has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
    Website: ispa.org.za
    Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

 

  1. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
  2. We disclaim any and all loss or liability resulting from, but not limited to:
    • loss or liability resulting from access delays or access interruptions;
    • loss or liability resulting from data non-delivery or data mis-delivery;
    • loss or liability resulting from acts of God;
    • loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
    • loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
    • loss or liability resulting from the interruption of your Service.
  3. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
  4. Subject always to the provisions of the CPA, to the extent that it is applicable, CSinternet’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CSinternet expressly disclaims any representation or warranty that the CSinternet services will be error-free, secure or uninterrupted.
  5. No oral advice or written information given by CSinternet, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
  6. CSinternet will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
  7. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

  1. You agree to indemnify and hold CSinternet harmless from any and all Claims resulting from or connected with any activities conducted by you. You and CSinternet will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
  2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. CSinternet reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or CSinternet’s then current Acceptable Use Policy, in the sole and absolute opinion of CSinternet.
  3. CSinternet will not change passwords to any account without proof of identification, which is satisfactory to CSinternet, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that CSinternet will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will CSinternet be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless CSinternet from any and all Claims arising from such ownership disputes.
  4. You agree to indemnify and hold harmless CSinternet and any other Account Holder from any and all Claims resulting from your use of the services provided by CSinternet. The terms of this Section will survive any termination of this Agreement.
  5. You agree not to harm CSinternet, its reputation, computer systems, programming and/or other persons using CSinternet’s services.
  6. The terms of this Section will survive any termination of this Agreement.

Variation of services

  1. You agree that CSinternet may establish limits concerning use of any CSinternet service offered on any CSinternet web site, including without limitation the maximum number of days that e-mail messages will be retained by any CSinternet service, the maximum number of e-mail messages that may be sent from or received by an account on any CSinternet service, the maximum size of an e-mail message that may be sent from or received by an account on any CSinternet service, the maximum disk space that will be allotted on CSinternet’s servers on your behalf either cumulatively or for any particular service. You agree that CSinternet has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any CSinternet service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any CSinternet service may change at any time.
  2. CSinternet reserves the right to select the server for your website for best performance. You understand that the services provided by CSinternet are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then CSinternet has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of services

  1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of CSinternet.
  2. Passwords
  3. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of CSinternet services, including any damages resulting there from, until you notify CSinternet’s customer service.
  4. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on CSinternet

Assignment of IP addresses

  1. If CSinternet assigns you an Internet Protocol address in connection with your use of the CSinternet connectivity or hosting services, the right to use that Internet Protocol address will remain with and belong only to CSinternet, and you will have no right to use that Internet Protocol address except as allowed by CSinternet in its sole and absolute discretion.

Connectivity Services

  1. Connectivity data services on DSL and Fibre have FUP and or AUP thresholds unless otherwise stated. Thresholds reached can result in throttling or peak period management depending on product selected. 
  2. Premium services with no AUP or Threshold limits will be managed for all bit-torrent traffic depending on networks loads. Manage could be throttling of protocol or reduction in line speeds.
  3. Speeds of connectivity packages are provided as an “Up To” capabilities with no warranty for lower speeds experienced. DSL connections are affected by distance to exchange as per OpenServe T&C’s. Whilst best effort is applied, fibre connection speeds may be affected by contention ratios or peak usage and.
  4. Capped packages usage values are accurately measured and logged by CSinternet. Figures derived by consumer endpoint devices shall have no standing in disputing usage figures. The usage values are monitored by our bulk supplier systems and are deemed to be correct.
  5. Connection credentials on DSL and Fibre are for one connection and can be disabled without warning if found to be used on multiple devices. Uncapped packages are strictly enforced at one concurrent connection. Attempts to bypass connection limit can result in suspension on first offense or cancellation on subsequent offenses. Cancellation terms shall apply.

Fibre Services

  1. Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from CSinternet a fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/CSinternet or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.
  2. CSinternet recommends and supplies the Mikrotik range of ICASA approved Wireless Routers for home and business use on DSL and Fibre.
  3. Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this time frame is however not guaranteed. CSinternet only offer Fibre to the Home services through our Fibre Line Providers at this time.
  4. Low contention ratio fibre services are offered where available for business use.
  5. Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation, CSinternet will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address. Terms and Conditions of Fibre Providers apply through CSinternet to the purchasing end user.
  6. An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via email at least 30 calendar days before the cancellation date, the earliest available cancellation date will be advised. Cancellation requests which do not adhere to the 30 calendar day notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this time frame is however not guaranteed.
  7. An additional fee may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.
  8. By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.
  9. The available capacity on the network is shared between all users of CSinternet bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Capped Services

  1. Capped data packages are not subject to throttling or AUP/FUP terms except:
    • for peer to peer downloading protocols such as bit-torrent during peak periods is general network load is high.

Uncapped Services

  1. Uncapped services are designed and intended for personal use only. The Uncapped Services may not be repackaged/broken down and sold to 3rd parties, may not be used to provide network services like hosting/mail/ftp/backhaul for Wifi/internet cafes and other networks. The use and/or exploitation of our uncapped services for commercial use is strictly prohibited.
  2. The Acceptable Use Policy for the Home Uncapped, Premium Uncapped and Premium Plus Uncapped can be found here. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
    All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Uncapped Services AUP/FUP

  1. It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using all Uncapped services and as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available.
    • Home Uncapped / Premium Uncapped
      Home Uncapped services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). Home Uncapped services are pro actively managed.
    • Premium Uncapped services are better suited to more advanced users with higher thresholds.
    • Premium Uncapped (DSL and Fibre) – Managed
      The AUP/FUP  is used to provide all uncapped users on our network with the best possible Internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.
    • Infinite Uncapped Services – only NNTP, Peer-to-Peer and Torrents are managed. No threshold limits apply.
    • Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the AUP/FUP system. The AUP/FUP system may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the AUP/FUP to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the AUP/FUP system will be suspended and could have their service canceled.
  2. Home Uncapped (DSL and Fibre) AUP/FUP Manager
    Home Uncapped services are managed according to bulk line/data provider T&C’s and vary accordingly. Projection AUP is managed to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times. Throttling at peak periods may also apply.
  3. There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the AUP/FUP Manager.
  4. Any user that is found attempting to bypass or circumvent the AUP/FUP Manager will be suspended and could have their service canceled.

 

General provisions

  1. This Agreement constitutes the entire agreement between you and CSinternet with respect to the CSinternet services and supersedes all prior agreements between you and CSinternet. CSinternet reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the CSinternet services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
  2. CSinternet’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
  3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
  4. Acceptable Use Policy (AUP)/Fair Usage Policy (FUP). 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. Bulk provider AUP/FUP policies T&C’s are applicable and may override CSinternet policies.
  5. The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to clients and users of our service/website what activities and online behavior are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
  6. This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services.
  7. CSinternet respects the rights of our clients 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.
  8. Save where otherwise provided for in this Agreement, if you:
    • fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
    • commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
    • are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
    • commit any act which if committed by a natural person would constitute an act of insolvency;
    • become insolvent;
    • compromise or attempt to compromise generally with any of your creditors;
    • have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment,
      • then CSinternet shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to CSinternet’s right to claim damages.
  1. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
  2. You consent to the jurisdiction of the South Africa courts.
  3. The CSinternet services are provided from Durban, South Africa, and this Agreement is deemed to have been entered into at Durban.
  4. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

 

CSinternet billing terms
General

  1. CSinternet will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
  2. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from CSinternet, unless agreed otherwise. CSinternet retains the right to impose, subject to a notice period of 7 business days, a credit limit on any of it’s customers as and when it sees fit. 
  3. CSinternet products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (including Dedicated servers).
  4. CSinternet will provide a service to the you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specific in the product terms and conditions relating to the particular product or service supplied by CSinternet. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
  5. Effect of non payment
  6. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that CSinternet has in terms of this Agreement or in law, CSinternet reserves the right to hold you liable for the total amount due pursuant to such invoice.
  7. Interest of 2% per month may be charged on all overdue accounts.
  8. CSinternet may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
  9. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
  10. If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
  11. If you neglect to pay the amount due in full, CSinternet will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  12. If you neglect to pay the amount due in full, CSinternet will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  13. In the event of suspension due to non-payment, CSinternet reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
  14. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
  15. Fibre and DSL lines that have been suspended for non-payment will be cancelled with the relevant bulk line provider after 30 days, and you shall be notified thereof beforehand. Fibre Installation and Connection fees waived at time of installation will be payable in full in the event of the service cancellation prior to the service being active for 12 months. No Pro-Rata deductions are applicable. These fees are set by the line providers.

Payment methods and fees

  1. CSinternet only accepts payments via debit order and EFT. CSinternet accepts MasterCard, and VISA by arrangment.
  2. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
  3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

  1. Each of CSinternet’s web hosting plans comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals, Domain ID Protection and Dedicated Servers are not refundable.
  2. CSinternet will only refund a customer in the event of their account having a credit balance.
  3. CSinternet will process authorised refunds to customers on the 25th of each month.

Cancellations

  1. Cancellations must be requested in writing.
  2. Data service cancellations require one full calender month notification. Cancellation will be effective at the end of the following month within which the cancellation is received. Installation and connection fees as per 109 terms will be applicable.
  3. Web site hosting cancellations require one full calender month notification. Cancellation will be effective at the end of the following month within which the cancellation is received. All mail data stored will be removed and it is the clients responsibility to download all data prior to cancellation effective date. All backups will also be removed in accordance with section 138.
  4. For domain renewals, please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on SSL or Private Hosting services.
  5. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal cancellations may be done before the renewal date as per 115.

Downgrades

  1. Definition
    “A downgrade occurs when changing your current package to a package with a lower cost”. Example: Changing from a Home Uncapped 10mbps account to a Home Uncapped 4mbps account would be considered a downgrade
  2. Downgrades can requested at any time, however,
    • We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.

Upgrades

  1. Upgrade may be selected to take effect immediately or at the beginning of the following calendar month. Pro-Rata billing will be applied if upgrade taken during the month in increments of Week 4 ¼, Week 3 ½,Week 2 ¾, Week 1 full price.
  2. Some products may only be upgraded at the beginning of the following month.

 

Billing Dispute resolution

  1. Purpose of this Procedure
  2. This Procedure sets out the obligations of CSinternet and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
  3. CSinternet’s Billing Dispute Handling Procedure is intended to service both the Customer and CSinternet’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
  4. Definitions
    “Billing Dispute”means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.“Billing Disputes Procedure”and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.“Billing Enquiry”means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

  1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to CSinternet by the Due Date of the Invoice.
  2. For the avoidance of doubt the parties acknowledge and agree that:
    • An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
    • Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from CSinternet as set out below).
    • Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing enquiries should be directed to accounts@csinternet.co.za  — while Complaints are dealt with under the CSinternet Complaints Handling Procedure.
  3. Please note that CSinternet will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.
  4. Customer’s obligations to first use this Procedure
    • As a current or prior Customer of CSinternet, you agree to allow CSinternet to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. CSinternet requires and you agree that it be the first option in Billing Disputes. Should CSinternet receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before CSinternet has been given a chance to resolve the issue, CSinternet has the right to collect on the rendered services and any fees associated with those disputes.
    • Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, CSinternet still retains the right to collect on any rendered services or fees that are due. Should CSinternet be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, CSinternet will submit the full delinquent amount for Collections.
    • Time period within which Billing Disputes can be initiated
    • A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.
  5. Circumstances under which payment of a Disputed Amount may be withheld
    • You may only withhold payment of a Disputed Amount where CSinternet receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.
  6. The Billing Dispute Notice should clearly set out:
    • Invoice number and date;
    • The amount in dispute (“the Disputed Amount”);
    • The amount not in dispute (“the Undisputed Amount”);
    • The full details of the dispute; and
    • Any relevant evidence or documentation you wish to submit in support of your complaint.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.
  2. Overage Disputes
  3. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
  4. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

  1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
  2. Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information, a once off administration charge of R150.00 per request will be applied to your account.

Use of Account Holder information for promotional purposes

  1. CSinternet will not include the your name and contact information for the purpose promoting the use of the services. CSinternet is not authorized to print your name, trademarks or other identifying information in any advertising or promotional materials without your prior written consent.

 

Privacy

  1. This Policy sets out the manner in which CSinternet Networks (Pty) Ltd (“CSinternet”) handles personal information submitted by or collected from you whilst visiting the CSinternet website(s).
    • “personal information” is as defined in the Promotion of Access to Information Act No 4 of 2013 (“PAIA”)
    • “user”means any person accessing any part of the web site
    • Status
      • This Privacy Policy forms part of the “Terms and Conditions of Use” of this website. Continued use of this website means you agree to the provisions of this Policy and are bound by them.
    • Collection of personal data
      • We collect only what is necessary and use it only for the purpose for which it is required.
      • We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
      • If we do not need it anymore, we will delete any personal information held.
      • We neither store nor retain any credit card information.
    • Email communications
      • When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within CSinternet. Once received, the information to your e-mail is protected in accordance with this Policy.
    • Collection of anonymous data
      • In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
      • In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site and will log:
        • The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
        • The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows or MacOS) used to access our site.
        • The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
        • The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.
        • If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.
      • Access to personal data
        • If you believe that your personal data which we may have is outdated or incorrect please ask us to correct‐ please use our contact page. Please provide us with all the information we need to make the correction.
        • You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an e-mail asking for the information you need.
      • Links to other web sites
        • We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.
      • Security
        • While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.
        • Users and/or subscribers are prohibited from releasing their username and/or password to any other person.
      • Children’s privacy
        • This is a child-friendly web site: CSinternet takes into account the privacy and well-being of children when they are online.

 

  1. Queries

 

 

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