Customer Relationship Agreement (Terms and Conditions)
The service provided under this agreement is an “as is”, “best effort” and “contended” Internet service intended for consumer use, or business use where the product is suitably marketed as such. It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider. You further are responsible, at Crystal Web’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.
[A] Parties to this agreement & Knowing Our Customers
1. This agreement is between a customer (you) and Crystal Web (Pty) Ltd (Crystal Web, we or us).
2. Crystal Web is constantly striving to improve our services to you and therefore we may amend this agreement. While we will ordinarily give you at least 20 working days’ notice of any change by electronic mail, exceptional circumstances may require an immediate change made in our sole discretion.
3. We require you to provide us with honest and truthful information about yourself and may require you to send us documentation confirming your identity and address. If you fail to provide us with this, information we may have to, without notice or warning, suspend your access to certain, or all, of our products and services. Crystal Web is afforded by this agreement the right to verify any information you provide us together with any customer history with any credit bureau and we may provide any bureau with such personal information as may be necessary to verify information.
4. This agreement represents the consumer agreement between Crystal Web and you in terms of the Consumer Protection Act (68 of 2008) and any other applicable legislation or regulation.
5. The service provided under this agreement is an “as is”, “best effort” and “contended” Internet service intended for consumer use.
6. It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider.
7. Further, you are responsible, at Crystal Web’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.
8.The email address from which you agree to this agreement shall be regarded as your email address and all communications to and from from same will be regarded as correspondence from and with you.
[B] Interpretation of this Agreement
1. While every effort is made to ensure that all public representations from Crystal Web are accurate, it is agreed that Crystal Web will not be liable in any manner whatsoever if a representation contains an error or inaccuracy.
2. In the event that it comes to our attention that an advertisement, or publication of any sort, made by Crystal Web appears, in context, to be an erroneous advertisement upon which a reasonable person would place reliance or belief, such advertisement will be retracted or corrected.
3. No representation or undertaking made by a member of staff at Crystal Web shall be binding on Crystal Web unless such undertaking is made or confirmed by email to you by a director of the company
4.You undertake to respect Crystal Web’s intellectual property rights and agree to refrain from any activity which would cause harm to Crystal Web with respect to intellectual property including: a.malicious misuse of Crystal Web trademarks (whether registered or unregistered), branding and logos; b.decompiling and reverse engineering any system or website operated by, or on behalf of, Crystal Web without our written consent.
[C] Cancellation Process
1.Subject to this section, and any term contract you may enter into with Crystal Web, it is agreed that you may cancel any or all of your services before the 19th of the month such that the service will be terminated from the last day of the month, unless otherwise indicated by the product description or marketing. Any cancellation notice received between the 19th day of the month and the last day of the month will be regarded as a cancellation effective on the last day of the following month.
2. A cancellation may not be processed while the parties are engaged in a dispute resolution process, or there is an outstanding invoice to be settled, or if a contract is attached to the service.
3.Crystal Web reserves the right to terminate this agreement and the contractual relationship with you under the following circumstances: a.you have breached this agreement and have failed to remedy such breach within 48 hours of being notified of the requirement to remedy the breach; b.on the basis of an AUP or FUP violation as envisaged by clauses F.8 and G.3 of this agreement; c.where a cancellation termination of this agreement is imposed upon Crystal Web by operation of any law, regulation or regulatory action in force in the Republic of South African; d.at our election under the same terms and rights as are afforded to you in terms of clause D.1.
12 month agreements and contracts will auto-renew for the same term of the original contract unless we are notified in writing by the registered contract signatory, to firstname.lastname@example.org of notice to terminate the agreement thirty (30) days prior to the date of renewal
1. You agree to settle any charge invoiced to your account promptly and on the due date, unless otherwise agreed, and will present any queries relating to your invoice to email@example.com no later than 7 days after the date the invoice is issued
2. Crystal Web charges for service in advance and not in arrears. While a service may be provisioned and available to you before you receive an invoice such provisioning does not constitute a line of credit upon which future payment may be made in arrears.
3. It is agreed that in any instance where Crystal Web provides immediate access to a service for which the invoice is issued, such invoice shall be due and payable immediately but a three day period shall be allowed as an agreed date of payment.
4. Should you subscribe to a debit order or any other automated processing arrangement with Crystal Web then the date upon which such arrangement is scheduled for payment shall be the date agreed upon on which the account must be paid.
5. The subscription of any order or processing arrangement involving any third parties shall not indemnify you against responsibility to pay Crystal Web in the event that such arrangement does not constitute settlement of your invoice in full.
6. Non-payment, or short payment of any invoice on the due date, or such other date as agreed, of that invoice, constitutes a breach of this agreement. Nothing in this agreement shall be read to preclude Crystal Web’s right to tempore morae interest under the common law.
7. It is agreed that the nature of an Internet service precludes any reasonable expectation of full uptime and full speeds, and Crystal Web shall not be obliged to effect any refund or pass any credit note in respect of any period during which a service is not available or is degraded in any way.
8. It is agreed that any billing error resulting in an overcharge or overpayment will result in the passing of a credit note (which shall include any interest charged by Crystal Web in error) to any outstanding invoice. If there are no outstanding invoices such credit note will be passed on the next invoice issued. Refunds shall only be made in the event that the amount of the credit note would exceed the amount of anticipated future invoices arising in the sixty days after the passing of the arising of credit note. Any refund of monies by Crystal Web shall be paid by means of an electronic payment into a banking account designated by you.
9. It is agreed notwithstanding the existence of a dispute resolution process that Crystal Web may cede, collect and enforce through any competent court any amount owing to Crystal Web on an attorney own client scale.
10. It is agreed that in the event that your DSL circuit operates at a higher speed than the service for which you have applied that we may charge you the amount due in respect of the higher speed.
11. Ordinarily invoices shall be issued on the 1st day of the month and be due for payment and full settlement immediately, however circumstances may arise that cause invoices to be issued on a different day from time to time . In the month of December invoices may be issued early with payment due before the 16th of December.
12. It is agreed that if you are being provided with a discount of any nature for any product(s) provided by Crystal Web or any Crystal Web affiliates, and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, and where such balance is not the subject of a legitimate dispute as per the rights afforded to you in this agreement, that all discounts applicable to your billing relationship with Crystal Web shall be terminated from the date upon which the outstanding balance initially became due.
13. All non-contractually assured discounts offered or applied by Crystal Web remain within Crystal Web's sole reasonable discretion , and may be amended or terminated.
[E] Acceptable Use policy
1. The Acceptable Use Policies (AUP) of every network on which your product(s) operate forms part of the contractual relationship between you and Crystal Web. Violating any applicable AUP constitutes a breach of contract and an infringement of the rights of Crystal Web. The applicable AUP for the network is appended as part of the product description.
2. Should Crystal Web for any reason whatsoever cause your product to operate on another network you will be obliged to adhere to the AUP of that network.
3. Where there is a reasonable suspicion of a serious breach of the AUP, or the law otherwise requires, we will not hesitate to, without warning or notice, suspend any account connected to you. The right to suspend any account for a suspected violation of the AUP is extended to any upstream providers and channel partners.
4. The Internet is made up of many networks under the responsibility and control of various different parties in different jurisdictions. As a result, any particular usage by you may result in your traffic transiting on networks with AUP provisions which differ from those of Crystal Web. Crystal Web shall not be responsible for any liability that may arise nor any failure of performance that may result as a consequence of your violating another providers AUP. Crystal Web regards abuse of another network originating on our network as a violation of the AUP where the infringer could reasonably be expected to know or believe that such conduct would constitute an AUP violation on the recipient network.
5. While unintentional conduct will ordinarily not be regarded by Crystal Web as an infringement of the AUP, you are required to take all reasonable steps, and gross negligence on your part may be regarded as a serious contravention.
6. Crystal Web, may recover from you any damages or costs that are a result of any breach of this AUP by you. Such recoverable costs include costs consequent upon the utilizing of legal services on an attorney own client scale.
7. Any party affiliated to Crystal Web may (with Crystal Web’s consent) recover any damages or costs caused by a violation of the AUP committed by you. Such damages must be proved by such affiliate in accordance with the dispute resolution provisions of this agreement.
8. Serious contraventions of the Acceptable Use Policy may result in Crystal Web terminating all services and our relationship with you with immediate effect and without entitlement to any refund.
9. Any complaint concerning a contravention of an AUP shall be received by email at firstname.lastname@example.org
10. Absent a specific AUP applying the following carriage standard AUP shall apply and any entity whatsoever who is involved in the provisioning of the service shall be a “provider”.
The provider’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the provider cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by the provider ’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with the provider on behalf of another subscriber without their consent.
Any violation of the exchange control laws of the Republic.
Any activity that results in the sale, transmission or distribution of pirated or illegal software.
Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, the provider will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using the provider ’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use:
Threats to Network Security
Any activity, which threatens the functioning, security and/or integrity of the provider’s network is unacceptable. This includes:
Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by the provider for this goal;
Any effort to use the provider equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;
Any activity which threatens to disrupt the service offered by the provider through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
Any unauthorised monitoring of data or traffic on the network without the provider’s explicit, written consent.
Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
You acknowledge that the provider has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that the provider cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the provider’s network websites and web pages or sites displayed as search results or contained within a directory of links on the providers network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk. The provider employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and the provider reserves the right to delete and/or cancel posts which violate the following conditions:
Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. The provider will take swift and firm action against any user engaging in any of the following unacceptable practices:
Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
Operating or maintaining mailing lists without the express permission of all recipients listed;
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
Using the provider’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
Including the provider’s name in the header or by listing an IP address that belongs to the provider in any unsolicited email sent through the provider’s network or not;
Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
The provider may provide a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that the provider shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Protection of Minors
The provider prohibits customers from using the provider’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
[F] Fair use Policy and Product Description
1. Each product may have a Fair Use Policy (FUP) attached to the product. The FUP will be included in the product description for the product such as an FAQ section and will be written in plain English. Specific and detailed network and product policies remain the intellectual property of Crystal Web and are not for public disclosure.
2. A product’s fair use policy may be changed by Crystal Web by giving you notice of the change at least one week before the start of the next billing cycle.
3. In developing product terms one or more of the following shaping policies may be used.
First tier data (‘business premium’) is prioritized data where traffic is not shaped by default, unless extraordinary network preservation demands as such. On exhausting a first tier data allocation a customer will be migrated to either the second (or third tier shaping, as set out in the product description or as requested by a customer and approved by Crystal Web) for the remainder of the calendar month, or such period as set in the product term, or the account will be capped depending on the product the customer has purchased from Crystal Web. Higher allocation of this tier is recommended for large volume downloaders.
Second tier data (‘home premium’) is shaped during peak hours to exclude entirely or shape peer-to-peer and nntp traffic, and to deprioritise large downloads on any protocols, only when the network demands it. CDN streaming, browsing, gaming and some other traffic is prioritized. Between 00:30 and 07:00 shaping is released dynamically on all protocols based on network capacity availability, however ordinary network contention applies. Higher allocation of this tier is recommended for medium to heavy users of streaming, gaming, VPN and other traffic. Second tier data is not recommended for large volume downloads during peak hours. Peak hours are determined by peak capacity load times on the network.
Third tier data (‘entry’) is shaped, with CDN streaming, browsing, and local VPN traffic prioritised. Certain accounts operating in this tier may be subjected to thresholds on usage of certain protocols depending on the product description. Shaping is released dynamically between 00:30 and 07:00 based on network capacity availability. This tier is for entry level products as part of efforts to make affordable Internet products for a broader community and is not suited to broadband intensive usage during peak hours.
Fourth tier data ('entry) is operated on a best effort basis only with no traffic prioritisation applied, and speeds are entirely dependent on spare network capacity at any point in time. Entry-level grade products will utilise this data primarily when network contention needs to be managed.
Bypassing of shaping or network management systems employed by Crystal Web or its upstream providers, either intentionally or unintentionally, by use of third party tools, encryption services, or services intended for use to download traditionally shaped services over alternate ports or protocols, is a contravention of this agreement, and may result in either deprioritisation of your account, irrespective of the account type you have purchased, and/or suspension of services without refund. You are required to rectify any such contravention within 24 hours of notice of such a breach being served on you by way of official communication from Crystal Web by any traditional support channels.
Continued and persistent load data throughput on any uncapped product that causes either degraded performance for other Crystal Web users or a loss to be incurred by Crystal Web may result in deprioritisation at the discretion of Crystal Web, to ensure that a fair allocation of bandwidth is maintained for all customers and to ensure sustainable business practices. Should your account be deprioritised, such action shall be lifted or removed upon Crystal Web's systems identifying a noticeable and substantial decrease in requests or throughput from your connection that is not as a result of ordinary deprioritisation. Crystal Web reserves its rights to terminate access to any customer with 7 days notice provided should your connection continue to cause degraded network performance for others or incur a loss for Crystal Web for 2 consecutive months.
1. We take your right to privacy seriously and shall, save as provided in this agreement or when required by law, not provide a third party with information that infringes on your privacy without your consent.
2. Crystal Web may store personal identifying and other information about you on cloud services administered by third parties. Such information shall be for the exclusive use of Crystal Web. All reasonable steps will be taken by Crystal Web to ensure the privacy and safety of this information but we do not accept responsibility for any data loss or data-breach/disclosure as a result of malicious activity with these parties.
3. We will report any information that comes to our knowledge of a breach of your privacy as soon as possible, unless we are prohibited by doing so by law.
4. Crystal Web may send you promotional material relating to Crystal Web unless you have provided an indication that you wish to opt out of receiving such material. You indemnify Crystal Web against any claims arising from sending of promotional material by Crystal Web made in error.
5. In taking your right to privacy seriously whilst still satisfying legal obligations, Crystal Web (or any of its affiliates) may have to employ the services of legal professionals and you agree that in the event that Crystal Web is required as a matter of urgency to incur costs in order to protect your privacy, to settle reasonably incurred costs.
[H] Take Down Procedure
6. Crystal Web, and any affiliated party, may take down any data hosted on a network involved in this arrangement if such content is subject to a take down notice as envisaged by section 77 of the Electronic Communication and Transactions Act (No. 25 of 2002).
7. Crystal Web confirms the all immediate upstream providers for Crystal Web have a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) . The designated agent for this process can be reached at (010) 500 1200 or at email@example.com .The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.
8. You are also notified of the content and procedures of the ISPA Code of Conduct (http://www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
[I] Dispute resolution and complaints process
1. Crystal Web will receive formal complaints both through the dedicated email address firstname.lastname@example.org as well as through the ordinary support channels wherever you clearly indicate that you wish for a complaint escalation to take place. A complaint will need to contain the following information:
a. The identity of the complainant;
b. The email address with which to correspond to resolve the complaint;
c. The nature of the complaint;
d. The facts and allegations upon which the complaint is dependent; and
e. Any historic information relevant to the complaint.
2. On receipt of a formal complaint, or the escalation of support communication to a formal complaint, an acknowledgement of the complaint together with a reference number will be sent to you by email within three days.
3. Any correspondence received which we reasonably believe to be a complaint that does not satisfy the requirements to be processed as a complaint will be treated as a query as to the complaint’s procedure. Queries as to what the complaint’s procedure is will be replied to with an explanation of the formal complaint’s procedure.
4. Should further particulars be required in order to resolve a complaint, such information will be requested by email.
5. A complaint shall be resolved within ten working days of the receipt of the complaint unless the parties agree to a longer period, provided that the reasoning underlying a resolution may be delivered thirty days after the resolution of the complaint.
6. Crystal Web may cause an external professional person or organization to resolve a complaint at Crystal Web’s expense, if any expenses arise.
7. Notwithstanding any other law or principle of natural justice, any person designated by internal policies of Crystal Web may attend to a complaint even if such person has prior involvement in the matter.
8. It is agreed that, subject to this agreement, confidentiality with respect to any complaint will be respected by all persons involved unless a disclosure is agreed to in writing during the dispute resolution process. However, the preservation of disclosure shall not be interpreted as to prevent you from making a reasonable and fair expression of dissatisfaction with the service provided by Crystal Web in a public space or forum, or for Crystal Web to in same place or forum acknowledge that it has received a complaint and is attending to same.
9. It is agreed that Crystal Web will compile reports on the resolution of complaints for regulatory and internal quality assurance processes. Such reports will redact all personal identifying information.
10. It is agreed that Crystal Web is indemnified against any costs incurred by you in any dispute resolution process and that you may employ the services of a legal professional at your own expense to prepare or transmit any complaint.
11.On completing the complaints process (and in the absence of any other channel and a failure of mediation), or if the time periods for complaints resolution prescribed by this agreement are not adhered to, the parties agree to resolve any dispute by means of binding arbitration administered by the Arbitration Foundation of South Africa in accordance with its rules.
12. Any dispute not related to a formal complaint, under this agreement, which is not resolved by negotiation between the relevant parties (which includes any party that obtains rights stipulo alteri ) shall be resolved by arbitration administered by the Arbitration Foundation of South Africa.
If you would like any assistance please contact us by email at email@example.com for all queries relating to the contents of this Customer Relationship Agreement