Cool Ideas ADSL Terms of Use

Transcription

1 Cool Ideas ADSL Terms of Use General These terms and conditions govern the use of all of the Cool Ideas DSL services. Cool Ideas offers both capped an uncapped DSL services - please visit our website FAQ section for more information about the correct choice for you. By contracting with Cool Ideas for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The customer or the customer's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf. Applicable Documents The provision of Cool Ideas's DSL access service is subject to the provision of upstream services by MTN. The following legal documents accordingly apply to the provision of the Cool Ideas DSL service and are binding on any subscriber to such service: Cool Ideas's Acceptable Use Policy (AUP), also available in printed form from the Cool Ideas Head Office or from any authorised Cool Ideas Reseller; Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops; and MTN's AUP, available here. Customers and potential customers are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions. Service availability and confirmation of service availability Before subscribing to the Cool Ideas DSL service please ensure that you have a valid and active Telkom telephone service as this is a prerequisite for provision of the service. Cool Ideas advises potential customers to confirm the availability of the service in their particular desired location prior to purchasing or ordering a DSL modem or other hardware. The availability of DSL services can be checked here. Cool Ideas can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the DSL access service can be provided. Service availability to any applicant is further subject to: Any credit checks which Cool Ideas may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises Cool Ideas to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and Compliance by the applicant with the RICA customer registration requirements. Payment and payment terms Service fees are payable to Cool Ideas monthly in advance by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month. Billing will commence on the date on which service provision commences. Term and termination Cool Ideas only operates month-to-month contracts (cancellable on 30 days' written notice). Cool Ideas reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use but undertakes to act reasonably in doing so. The customer acknowledges that Cool Ideas may terminate this agreement by written notice and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of the DSL service.

2 Rollover of bandwidth Subscribers should note that rollover of unused bandwidth is only offered with Cool Ideas's prepaid packages. Where a subscriber elects a fixed cap package, bandwidth not utilised during the relevant period is not carried over and is lost. The fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month. "Topping-up" bandwidth Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access (other than dial-up access for fixed cap account users) will thereafter be allowed other than to the Cool Ideas website for the purpose of ordering additional prepaid ADSL bandwidth. Concurrency Cool Ideas Uncapped packages allow only one connection and user for each account while the Capped packages allow simultaneous connections from different locations for each account. Uncapped DSL - Fair Use Policy In order to ensure quality of service and experience across Cool Ideas's customer base Cool Ideas employs throttling based on monthly usage. Further details in respect of each of the Uncapped DSL profiles are set out in the FAQ section and incorporated by reference herein. Cool Ideas reserves the right to amend its management of its Uncapped DSL services although a cap will not be applied. Monitoring of usage Cool Ideas takes steps to monitor the bandwidth usage of subscribers so as to ensure that subscriber bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the subscriber's DSL session is terminated. As a result a subscriber's current session will be automatically terminated for a very short period of time every 24 hours. Cool Ideas further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber DSL sessions. Where a subscriber exceeds the pre-purchased bandwidth or fixed cap (where applicable) then: Cool Ideas, at its sole discretion, may allow a degree of overusage Such allowed overusage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Cool Ideas's rights to enforce the hard cap. Cool Ideas may, at its sole discretion, recover the cost of the overusage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased. NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD. Cool Ideas also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with. Disclaimer and Limitation of Liability Cool Ideas accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of the DSL access service. APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT. Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. Cool Ideas accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers' authentication credentials. The provision of the Cool Ideas DSL service is subject to: The provision of upstream and network services; Network availability; Distance of the applicant from the local exchange; Copper quality as provided by Telkom; and Line sync speed limitations as may be applied or incurred through Telkom.

3 Cool Ideas reserves the right to refuse DSL service based on network, domain and/or equipment identifiers. COOL IDEAS WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING. Indemnity THE CUSTOMER INDEMNIFIES AND HOLDS HARMLESS COOL IDEAS IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST COOL IDEAS ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT. "Best effort" service Due to the fact that Telkom currently only offers DSL access services as a "best effort" service, Cool Ideas's DSL service is likewise also a "best effort" service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions. Due to the fact that Telkom cannot guarantee the bandwidth throughput achieved when subscribers access the Internet utilising a DSL access line, Cool Ideas can likewise also not offer such a guarantee. Please note that DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW). ADSL Service Level Agreement (SLA) Due to the fact that upstream and network services are provided by MTN, Cool Ideas offers a "back-to-back" SLA with the applicable IS SLA. The terms of this SLA are set out below. DSL Profile The following DSL profiles are available (quoted figures refer to line sync speed): DSL Up to 384kbps Down stream: min 256kbps; max 384kbps Up stream: min 64kbps; max 128kbps DSL Up to 1024kbps Down stream: min 416kbps; max 1024kbps Up stream: min 192kbps; max 256kbps DSL Up to 4096Kbps/10016kbps Primary profile Down stream: min 640kbps; max 4096kbps or 10016kbps Up stream: min 256kbps; max 512kbps The DSL Up to 4096kbps/10016kbps service has 4 sub-profiles, which are used to stabilise customers' service that experience re-syncs (service interruptions) on their ADSL lines due to last mile distance, noise and attenuation. Therefore subscribers that experience problems on the service may be accommodated on any of the secondary profiles below: Secondary profile A. min sync rate: 640kbps; max sync rate: 4096kbps B. min sync rate: 640kbps; max sync rate: 3072kbps C. min sync rate: 640kbps; max sync rate: 2048kbps D. min sync rate: 640kbps; max sync rate: 1024kbps What the above entails is that if a subscriber does not sync at the profile listed in A above they will be accommodated on B, C or D depending on the line sync speed. Subscribers will automatically be upgraded to the highest speed possible on the service that they applied for as per the profiles above. Where the DSL service is unable to connect (sync) at the speed applied for due to factors such as line length or quality, it will be accommodated down from the service applied for in 32 kbps decrements, but not lower than the minimum download speed, until the service connects (i.e. syncs successfully). Where a subscriber's line syncs at a certain rate and at a later stage the line degrades, the service will also be accommodated down in 32kbps decrements until sync is re-established, the downward synchronisation due to line quality will happen automatically within the profile parameters. There are certain areas that may sync up to 10 Mbps speeds. Further synch profiles are provided below: min sync rate: 640kbps; max sync rate: 10016bps min sync rate: 640kbps; max sync rate: 8032kbps min sync rate: 640kbps; max sync rate: 7008kbps min sync rate: 640kbps; max sync rate: 6144kbps min sync rate: 640kbps; max sync rate: 5024kbps Contention ratios Please note that the contention ratio does not remain constant as it fluctuates as the service grows and more customers and infrastructure are added.

4 Repairs Cool Ideas will be entitled to assume that DSL service provision to a subscriber is in good working order until such time as the subscriber advises Cool Ideas Support of any problems or service breaks. Any faults or service interruption should be reported: by ing [email protected] or by calling the Cool Ideas Client Services during office hours on According to the circumstances of the service interruption and nature of the repairs required, either Cool Ideas or Telkom will attend to faults reported by the subscriber during office hours and the relevant party will apply its reasonable endeavours to have the DSL service restored in the shortest possible time. If either Cool Ideas or Telkom determines that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement with Cool Ideas, the subscriber shall be liable for payment of the relevant call-out charge as determined by Cool Ideas or Telkom from time to time. Service credit The subscriber shall be entitled to a credit on the rental amount payable for the service, pro rata to the duration of the interruption if the ADSL service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit shall exclude rental for the twenty four (24) hour period.

5 The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Cool Ideas Support. Cancellations Cancellations will only be accepted by written notice to Cool Ideas requires one calendar month's written notice, which notice will take effect on the first day of the month immediately following the end of the notice period; Amendments Subscribers are required to note that, due to a variety of factors including upstream costs, tariffs and the terms and conditions of upstream providers, these terms and conditions are subject to change. Subscribers agree to check these terms and conditions regularly and Cool Ideas will highlight any changes made. Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Cool Ideas. Cool Ideas Domain and Hosting Services Terms of Use Introduction These terms and conditions govern the use of the Cool Ideas domain registration and hosting services. By contracting with Cool Ideas for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The customer or the customer's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the customer to contract on customer's behalf. Domain Registration Cool Ideas registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Cool Ideas server(s) on behalf of customers. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Cool Ideas. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. Cancellation A cancellation request in respect of any Domain Registration, Web Hosting or Dialup service must be completed via ing [email protected] one calendar month (30 days) before the date of ceasing the service. Cool Ideas reserves its rights to change its prices at any time on reasonable notice. Cool Ideas reserves the right to stop offering certain web hosting package types if it deems it necessary. Cool Ideas will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package. Payment and payment terms The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Customer shall ensure that there are sufficient funds in the account, details of which have been supplied to Cool Ideas to cover such amount. In the event that a debit order amount is recalled due to incorrect information supplied by customer or due to insufficient funds in the customer's bank account the hosting of the website will be immediately suspended. In the case of a website being suspended due to non-payment a reconnection fee of R will be payable before the website is unsuspended. In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged. Cool Ideas may record the existence of the customer's account with a Credit Bureau. Cool Ideas may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account. Liability for registration and use of domain names Cool Ideas has not and does not conduct pre-registration searches in respect of the customer's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible

6 conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights. The use or registration of the Domain Name by customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested. Cool Ideas cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that Cool Ideas may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance Cool Ideas shall be allowed to provide a complainant with customer 's name and address and all further communication will exclude Cool Ideas and Cool Ideas will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by Cool Ideas until a court or other body with jurisdiction directs otherwise. Hosting services Cool Ideas does NOT provide SMTP mail services by default with shared hosting packages. Cool Ideas reserves the right to suggest suitable alternatives to the customer and / or charge for excessive traffic as it deems necessary at its sole discretion. Cool Ideas reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems necessary at its sole discretion. Cool Ideas reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented. Cool Ideas reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on an Cool Ideas Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice. Referral Programme Users may only use the programme to refer other people. Users that try to refer themselves via other accounts setup using spoofing methods will not receive their respective discounts. Should a referred user decide to cancel their services within three months of signup, their referrer will forfeit their referral credit. Disclaimers, Limitations and Indemnities Cool Ideas will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s OR ANY ACTION TAKEN BY COOL IDEAS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS. The Customer hereby indemnifies and holds harmless Cool Ideas against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer's use and registration of its selected Domain Name, even if Cool Ideas has been advised of the possibility of such damages; Cool Ideas will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill. Neither Cool Ideas, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Cool Ideas's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cool Ideas Server service, unless otherwise expressly stated in this Agreement. Cool Ideas expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Cool Ideas specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Cool Ideas is not responsible if an external company network and firewall is setup to block access to services Cool Ideas provides. If a client's network is setup to block certain ports or web addresses that compromise the services Cool Ideas provides it is the client's responsibility to ensure that their network configurations are changed as necessary. 100% Website Uptime Guarantee

7 The 100% website uptime guarantee is applicable only if the web server on which a customer 's shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the customer and the web server which prevents the customer from seeing the web server, e.g. if the customer 's ISP's link to Internet Solutions (IS) goes down or is faulty, but the web server Cool Ideas hosts is still up we are not responsible for the customer not being able to reach their website. Cool Ideas is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, customer 's internet connection, firewall service managed by IS). If the applicable web server is up and running at all times then the website will deemed to have achieved 100% uptime. The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Cool Ideas web servers. If there is scheduled maintenance to be done the customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Use at Customer's risk Cool Ideas will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Cool Ideas network and in no way moderates such content. Customer expressly agrees that use of Cool Ideas's Server(s) and Services are at customer's sole risk. Cool Ideas is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Cool Ideas web servers, including , databases and site content. Limitation on mail size Individual mail sent to the customer's POP3/IMAP box or forwarded to the customer's existing address may be limited to 3000kB in size each. Refusal of services based on network, domain and/or equipment identifiers Cool Ideas reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers. Termination Should customer breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Cool Ideas has the right (solely at Cool Ideas's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Cool Ideas may have. Cool Ideas reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations. General provisions Customer confirms that all statements made in this application are true and correct. Cool Ideas reserves the right to request proof thereof. Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa.. Any form of abuse of Cool Ideas staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse. 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. Cool Ideas reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice. Domain Registrar terms and conditions

8 In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:.co.za domains Terms and Conditions All.UK domains Terms and Conditions.US.COM,.EU.COM,.BR.COM,.CN.COM,.DE.COM,.HU.COM,.NO.COM,.QC.COM,.RU.COM,.SA.COM,.SE.COM,.SE.NET,.UK.COM,.UK.NET,.UY.COM &.ZA.COM domains Terms and Conditions Go-fish Client Catchers' Terms Cool Ideas is not liable or responsible for GoFish Client Catchers' Services Go Fish Client Catchers services are payable up-front. Due to the on-going and repeating characteristic of various package aspects, in the case where a month is in arrears some package aspects will be not be completed, these will not be refundable or completed at a later stage. Go Fish Client Catchers offers only month-to-month services, yet 30-days written notice will be required in order to terminate any campaign. Go Fish Client Catchers reserves the right to terminate any Internet marketing package with 30-days written notice. Go Fish Client Catchers reserves the right to edit the configuration of any Internet marketing package as needed. All third party accounts that are set up during an Internet marketing campaign are the property of Go Fish Client Catchers and will remain so if a campaign is terminated. This includes Google AdWords, Google Analytics and others. If various package aspects are not utilised or requested by the client no discount or refund will be given in lieu of these services not being rendered as many are on a use-or-lose basis. Where necessary Go Fish Client Catchers will suggest changes to your site, these changes can be completed using the allocated maintenance hours allowed by the package, if included. Maintenance hours, if included in a package, may not be banked. Due to the intensity of a full campaign set up the initial establishment of all the package aspects may be spread over the first three months depending on the package. Due to the complex nature of search engine optimisation no guarantee can be made for top search engine positions, yet Go fish Client Catchers will attempt to secure the best position available within the scope of the chosen Internet marketing package. In many instances it may take several months in order to see any positive movement in search engine rankings. In many cases small changes will be made on your site in order to further your online success, it rests on your hosting service provider to routinely back up your website in case a revert is required. Go Fish Client Catchers cannot be held responsible for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including loss of profit) as a result of a Internet marketing package