STANDARD TERMS AND CONDITIONS OF CONTRACT

 

1                  THESE TERMS AND CONDITIONS TO PREVAIL

These terms and conditions, together with the Schedules hereto and the Service Specification Annexure, (hereinafter collectively referred to as “this agreement”) shall constitute the whole of the agreement between Dealer and Subscriber relating to the subject matter hereof, notwithstanding anything in Subscriber’s inquiry, specification, acceptance, order or other documentation or discussion to the contrary.

2                  NO VARIATION OR AMENDMENT

2.1              No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Dealer and Subscriber.

2.2              No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either parties hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this agreement.

2.3              Either party shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract between Subscriber and Dealer or not.

 

3                  SERVICES

3.1              3Gi will provide Internet communication to the Customer via the appropriate technology. (As per product choice)

3.2              The Service will consist of the options chosen by the Customer and the services shall be supplied in accordance with 3Gi’s Standard Terms and Conditions

3.3              The service is a “best effort” service and no guarantees can be given once the internet has been reached. 3Gi does not have control over the various internet servers and the amount of users accessing these servers at any one time.

3.4              Service/Line connection from third party suppliers cannot be guaranteed in any way. Disruption to these connections does not waive the accountability of payment of service to 3Gi.

4                  FEES AND CHARGES

4.1              The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Subscriber to 3GI.

4.2              3GI reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive one month’s notice relating to price adjustments

4.3              It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

4.4              Returned Direct Debit transfers will be subject to a R85 handling fee.

4.5              3Gi will only issue invoices on request by the client through email.

4.6              3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

4.7              Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

5                  EFFECTIVE DATE

5.1              The Effective Date of this agreement is the date when Service first commences. Should the Effective Date occur after the date of signature of this agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind this agreement before the Effective Date.

5.2              If at any time during the currency of this agreement, Subscriber upgrades the Service, then the Effective Date in respect of the Service as upgraded, shall be the date when the upgraded Service first commences.

6                  DURATION AND TERMINATION

6.1              This agreement is for a minimum of (three) months initially and will automatically renew indefinitely thereafter.

6.2              The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to the other.

6.3              3Gi reserves the right to suspend/cancel the service without prior notice and with immediate effect if it is found that the subscriber has breached any of the terms and conditions set out in this contract.

7                  WARRANTIES

7.1              3GI does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose. 3GI does not warrant or guarantee the information transmitted by and/or available to the subscriber by way of the service. 

8                  EXCLUSION OF LIABILITY

8.1              Except as otherwise expressly provided herein to the contrary, 3GI shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings).

8.2              The subscriber hereby indemnifies 3GI against and holds 3GI harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.

9                  DOCUMENTATION

Any specifications, descriptive matter, drawings and other documents which may be furnished by Dealer to Subscriber from time to time:

9.1              do not form part of this agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this agreement;

9.2              shall remain the property of Dealer and shall be deemed to have been imparted by it in trust to Subscriber for the sole use of Subscriber.  All copyright in such documents vests in Dealer.  Such documents shall be returned to Dealer on demand.

10               BREACH

10.1           Subject to the provisions of clause 7.2 to the contrary, if either party hereto:

10.1.1       breaches any of the terms or conditions of this agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from the other party;

10.1.2       commits any act of insolvency;

10.1.3       endeavors to compromise generally with its creditors or does or causes anything to be done which may prejudice the other party’s rights hereunder or at all;

10.1.4       allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or

10.1.5       is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered;

the other shall have the right, without prejudice to any other right which it may have against the other, to:

a)            treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the defaulting party until such party has remedied the breach; or

b)            cancel this agreement;

in either event without prejudice to such party’s right to claim damages.

10.2           In the event of any expiration, termination or cancellation of this agreement, provisions hereof which are intended to continue and survive shall so continue and survive.

10.3           The defaulting party shall be liable for all costs incurred by the other party in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.

11               INTELLECTUAL PROPERTY

All intellectual property (including, without limitation, copyright, trade marks, designs and patents) relating to or used in connection with the Service/s provided under this agreement shall belong to Dealer or its third party suppliers, as the case may be.  Subscriber undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by Dealer, or any of its third party suppliers.

12               CESSION

Subscriber shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party unless consented to in writing by Dealer, which consent may not be unreasonably withheld.

13               HEADINGS AND INTERPRETATION

The clause headings contained herein are for reference purposes only and shall not be used in the interpretation of this agreement.  Words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons includes created entities (corporate or unincorporate) and vice versa.

14               DOMICILIUM CITANDI ET EXECUTANDI

For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, Dealer and Subscriber respectively choose their domicilium citandi et executandi (“domicilium”) at their respective street addresses appearing on the face hereof.  Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten days of the said change.  Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered to the other party’s domicilium and shall be presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that party on the tenth day after the date of posting or on the day of delivery as the case may be.

15               MAGISTRATES’ COURT JURISDICTION

For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction.  This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1944, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.

16               FORCE MAJEURE

16.1           Dealer shall not be liable for non-performance under this agreement to the extent to which the non-performance is caused by events or conditions beyond the control of Dealer, provided that Dealer makes all reasonable efforts to perform.

16.2           In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this agreement shall be controlled by the statute, ruling or order.

17               SEVERABILITY

Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.


 

FIBRE – FTTB SERVICE

 

1                  DESCRIPTION OF SERVICE

1.1              Dealer will provide Subscriber with on-line access to the collection of local area networks and wide area networks that all use the same protocol (namely TCP/IP) to form a seamless, packet-switched network known colloquially as the “INTERNET” (hereinafter referred to as “the Service”). Such access is gained via a dedicated permanent digital leased line connected to Dealer’s’ managed infrastructure.

1.2              Dealer will further provide Subscriber with the value-added services specified in the Service Specification Annexure, should Subscriber subscribe to such value-added services.

2                  FEES AND CHARGES

2.1              Subscriber shall pay the fees specified in the Service Specification Annexure for the Service.

2.2              Dealer shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Subscriber to increase the monthly fees referred to in the Service Specification Annexure;

 Provided that:

2.2.1          Dealer shall not be entitled to increase the monthly fees during the first 12 month period of this agreement;

2.2.2          Dealer shall not increase the fees on more than one occasion in any 12 month period of this agreement.

3                  DURATION

3.1              The provision of the Service shall endure for an initial period of 12 (twelve) months, commencing on and with effect from the Effective Date.

3.2              Subject to termination by Dealer or Subscriber by way of 60 (Sixty) days prior written notice of termination to be effective on any anniversary of the Effective Date, the duration of the Service shall automatically renew for successive periods of 12 (twelve) months each on the terms and conditions set out in this agreement, but subject to an escalation in fees per clause 2.2.

4                  EFFECTIVE DATE

4.1              The Effective Date of this agreement is the date when Service first commences. Should the Effective Date occur after the date of signature of this agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind this agreement before the Effective Date.

4.2              If at any time during the currency of this agreement, Subscriber upgrades the Service, then the Effective Date in respect of the Service as upgraded, shall be the date when the upgraded Service first commences.

5                  SUBSCRIBERS OBLIGATIONS

5.1              Subscriber shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by Subscriber passes.

5.2              Subscriber may not commit nor attempt to commit any act or omission which directly or indirectly:

5.2.1          damages in any way Dealer’s technical infrastructure or any part thereof;

5.2.2          impairs or precludes Dealer from being able to provide the Service in a reasonable and businesslike manner;

5.2.3          constitutes an abuse or malicious misuse of the Service;

or is calculated to have the abovementioned effect.  In such an event, should Dealer incur expenses to remedy the situation Dealer reserves the right to charge the Subscriber any amount that is necessary to cover Dealer’s additional expenditure.

5.3              Subscriber may not at any time use the Service in contravention of any South African law.  In particular, Subscriber undertakes to familiarise itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use.  Dealer has no obligation to assist Subscriber in this regard.

5.4              Subscriber agrees that its IP allocation addresses from Dealer are non-portable and on loan for the duration of the period that Subscriber is connected via Dealer’s leased line Service.  At the termination of the Service for any reason whatsoever all IP addresses allocated by Dealer will become available for reallocation, and the Subscriber shall return to Dealer the IP address allocated by Dealer.

6                  INSTALLATION AND ACCESS TO SERVICE

6.1              Subscriber shall accept installation of and provision of access to the Service by way of furnishing and activating of the address whenever tendered by Dealer.

Under no circumstances may Subscriber reside from this agreement or withhold or defer payment or to be entitled to a reduction in any charge or have any other right or remedy against Dealer, its servants, its agents or any other persons for whom it may be liable in law (and in whose favor this provision constitutes a stipulation alteri) if Dealer interrupts the Service to Subscriber as it would be entitled to do if Subscriber is in default of any of its obligations under this agreement to Dealer or in the circumstances contemplated in clause 5.4 of the above standard terms and conditions  of contract.


EQUIPMENT RENTAL

1                  HIRE

1.1              Dealer herewith, with effect from the Effective Date, lets to Subscriber, which hereby takes on hire, the Router (“Equipment”) specified in the Service Specification Annexure subject to the terms of this agreement.

1.2              The Effective Date of the Equipment rental is the date the Equipment is first rented.

2                  DURATION

2.1              The hiring of the Equipment in terms hereof shall endure for an initial period of 12 months commencing on and with effect from the Effective Date (“the initial period”).

2.2              After the expiry of the initial period, the hiring of the Equipment in terms hereof shall continue indefinitely for successive periods of 12 (twelve) months each until terminated by either party at the end of any such period by way of 60 (sixty) days prior written notice of termination.

3                  RENTAL

3.1              Subscriber shall pay the fees specified in the Service Specification Annexure for the router rental.

3.2              Dealer shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Subscriber to increase the monthly fees referred to in the Service Specification Annexure;

Provided that:

3.2.1          Dealer shall not be entitled to increase the monthly fees during the first 12 month period of this agreement;

3.2.2          Dealer shall not increase the monthly fees on more than one occasion in any 12 month period of this agreement.

3.3              As long as this agreement subsists, Subscriber shall not be entitled to withhold payment of any rental for any reason.

4                  OWNERSHIP

Dealer shall at all times be and remains the owner of the Equipment and nothing in this agreement shall be construed so as to confer any rights or interest therein on Subscriber other than as a hirer of the Equipment.

5                  RETURN OF EQUIPMENT

On termination of this agreement in the manner envisaged in clause 2 hereof or clause 7 of the above standard terms and conditions  of contract, as the case may be, Subscriber shall forthwith return the Equipment to Dealer in the same condition as it stands on the Effective Date.

6                  RISK

All risk of loss and/or destruction of the Equipment shall be retained by Subscriber at all times. Subscriber shall be responsible for ensuring that the Equipment is insured against loss and destruction for the usual causes arising.

7                  OPERATION OF EQUIPMENT

Subscriber shall at all times operate and maintain the Equipment in accordance with Dealer’s Manual of Instructions which shall be issued to Subscriber on the Effective Date and the Subscriber will permit Dealer at all reasonable times to have access to the Equipment and to inspect the state and condition thereof.  In the event of breakdown or malfunction of the Equipment, the Subscriber shall at its cost attend to the repairs of the same.

8                  SAFETY OF EQUIPMENT

From the Effective Date, the Subscriber shall be responsible for the safety of the Equipment and the cost of repair of any damage caused to the Equipment in any manner whatsoever while the Equipment is under the control of the Subscriber.

9                  DUTIES OF SUBSCRIBER

Subscriber shall:

9.1              use or permit the use of the Equipment only for the purpose and in the manner for which it is intended to be used;

9.2              allow Dealer to inspect the Equipment at all reasonable times;

9.3              take all such care as may be necessary to protect the Equipment from loss or damage;

9.4              not permit any person other than Dealer to acquire any right to or in respect of the Equipment;

9.5              under no circumstances be entitled to withhold or defer payment of Rentals.

10               INDEMNITY

The Subscriber indemnifies and holds Dealer harmless against any damage, loss or matter arising from or connected with the Equipment irrespective of the cause of such claim.  Subscriber shall have no claim or right against Dealer in respect of or arising out of the Equipment, the use, possession or failure thereof or any defect therein or damage caused thereby.

VoIP SERVICES

 

1                  SERVICE

1.1     This Service is intended to be used as a second telephone facility. It should under no circumstances be construed to be, or used as a primary telephone service, and 3Gi takes no representations in this regard.

1.2     You are required to have the following in place in order to access and make use of the Service:

1.2.1     Suitable connectivity (3Gi only recommends ADSL or leased line connectivity); and

1.2.2     The necessary VoIP Device(s) to make use of the Service.

1.3     VoIP Numbers:

1.3.1     The allocation of a number is made subject to the relevant terms and conditions of use imposed by the Independent Communications Authority of South Africa (ICASA).

1.3.2     3Gi cannot guarantee the provision of any specific number/s to you and although it shall use its reasonable endeavours to provide sequential numbers, if requested, 3Gi cannot guarantee that it shall be able to do so.

1.3.3     Subject to the provisions of clause 1.3.2 any number/s supplied to you is/are supplied to you for the purpose of use in terms of the Service and whilst such number is personal to you for the duration of 3Gi provision of the Service to you, you shall never become the owner of such number. Accordingly you may not sell, lease, transfer, assign or otherwise alienate your rights in respect of such number/s, contrary to the provisions of these Service terms and the use thereof shall only be for the duration of 3Gi provision of the Service to you.

1.3.4     If the Service is suspended by 3Gi in terms of the Standard Terms and Conditions or as a result of a breach by you of the Agreement, 3Gi cannot guarantee that the same number/s allocated previously would be allocated to you again.

1.3.5     3Gi does not make any representation of whatever nature that the number allocated to you will be reachable from Telkom’s network or from any other telecommunication platforms. 3Gi shall however use its reasonable endeavours to ensure that the number allocated to you will be reachable by other users of the Service or related Services, but cannot supply any guarantees in this regard.

1.3.6     3Gi shall not be liable for any loss, damage, costs or expense of whatever nature arising from such change of number(s) or unavailability of numbers or the Service.

1.4     The Service operates on the basis of a fair usage policy, which is designed to ensure that the minutes available to the vast majority of our customers are not negatively impacted because of excessive usage by other customers. 3Gi continuously monitors usage patterns and may restrict the service to very heavy users.

1.5     The quality of the Service depends on various factors, including your location, line quality, Internet traffic, fluctuations in the internet, your underlying internet service, service outages etc. We accordingly do not guarantee, warrant or represent the quality of the calls or the clarity of voice.

1.6     The Service will not function during an electrical power or broadband outage.

1.7     The Service may not be compatible with certain internet services.

1.8     The Service may be impaired when you upload or download data using the connectivity over which the Service is used, at the same time as making or receiving a call.

1.9     3Gi specifically does not guarantee, warrant or represent that:

1.9.1     Our rates are cheaper than normal PTSN calls;

1.9.2     Should you use an emergency services number that it will operate correctly and/or that your location will be ascertainable based on your number; or

1.9.3     All local or international telephone numbers can be called.

2                  CHARGES

2.1     The charges payable for the Service are displayed on the Service Website. Rates per minute vary according to the destination which is called.

2.2     Each account shall be limited to a monthly PrePaid. Once this monthly spend limit is reached, no further chargeable calls will be permitted via the Service until the PrePaid amount has been restored by EFT. The Service shall however continue to operate in terms of receiving calls and allowing the use of free calls to other users of the Service.

2.3     The monthly spend limit may be increased at the request of Client to any value, however Client will be required to pay to 3Gi a deposit equal to the required monthly spend limit amount. This deposit shall be kept by 3Gi until the account is terminated and refunded to Client subject to clause 3.3 below.

2.4     3GI reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive one month’s notice relating to price adjustments.

2.5     It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

2.6     Returned Direct Debit transfers will be subject to a R85 handling fee.

2.7     3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

3                  DURATION and Termination

3.1     Upon termination of this Agreement, any outstanding amounts will be due and payable within 30 (thirty) days of termination.

3.2     Should you wish to migrate to another 3Gi VoIP service, it will be considered a termination of this Service and accordingly you will first need to settle all outstanding amounts herein before you can be migrated.

3.3     Should payment not be received in accordance with clause 3.1 above, the amount outstanding shall be deducted from the deposit where such deposit has been paid to 3Gi in connection with the use of the Service.

3.4     Where a deposit has been paid to 3Gi in connection with the use of the Service, such deposit shall be refunded to Client within 30 (thirty) days of termination, subject to 3.3 above.

3.5     Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

3.6     The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to be effective on any anniversary of the Effective Date.

 

FIBRE - FTTH SERVICES

 

These terms and conditions (hereinafter referred to as “this agreement”) shall, when read together with the Subscriber’s application form and any schedule thereto, constitutes the whole of the agreement between 3Gi and the subscriber.

1                  ACCEPTABLE USE POLICY

1.1.    You will only use the FTTH Service for purposes that are lawful and for which it was designed.

1.2.    You will not use the FTTH Service, directly or indirectly, in a way that:

1.2.1.   constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights;

1.2.2.   spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment;

1.2.3.   transmits unsolicited bulk messages (“spam”);

1.2.4.   causes your Base Cap to be regularly exceeded;

1.3.    We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.

1.4.    You may not resell the FTTH Services, receive any charge or benefit for the use of the FTTH Services or provide Internet access or any other feature of the FTTH Services to any third party or in any other way exploit the FTTH Service for any commercial purposes.

1.5.    The FTTH Services are consumer products designed for personal access to and use of the Internet. You may not run a server (including game servers) in connection with the FTTH Services. You may not provide network services to others via the FTTH Services.

1.6.    You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the FTTH Services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the FTTH Services in an abusive manner in connection with any unlimited packages, options or promotions.

1.7.    We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of the FTTH Service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

1.8.    We will manage bandwidth usage to the best of our ability during peak periods; however, it remains a best effort service.

1.9.    We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.

1.10.  We are committed to provide you with uninterrupted FTTH Services. However, we cannot guarantee that the FTTH Service and the allocated capacity will always be available.

1.11.  If the FTTH Service is used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the FTTH Services or your account.

1.12.  The subscriber hereby indemnifies 3GI against and holds 3GI harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.

2                  CHARGES

2.1    The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Subscriber to 3GI by debit order.

2.2    It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

2.3    Returned Direct Debit transfers will be subject to a R85 handling fee.

2.4    3Gi will only issue invoices on request by the client through email.

2.5    3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

2.6    Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

2.7    If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday); I agree that the payment instruction may be debited against my account on the following business day.

3                  DURATION AND TERMINATION

3.1    This agreement is for a minimum of (three) months initially and will automatically renew indefinitely thereafter.

3.2    The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to the other.

3.3    3Gi reserves the right to suspend/cancel the service without prior notice and with immediate effect if it is found that the subscriber has breached any of the terms and conditions set out in this contract.

ADSL SERVICES

 

These terms and conditions (hereinafter referred to as “this agreement”) shall, when read together with the Subscriber’s application form and any schedule thereto, constitutes the whole of the agreement between 3Gi and the subscriber.

1                  ACCEPTABLE USE POLICY

1.1          You will only use the ADSL Service for purposes that are lawful and for which it was designed.

1.2          You will not use the ADSL Service, directly or indirectly, in a way that:

1.2.1          constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights;

1.2.2          spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment;

1.2.3          transmits unsolicited bulk messages (“spam”);

1.2.4          causes your Base Cap to be regularly exceeded;

1.3          We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.

1.4          You may not resell the ADSL Services, receive any charge or benefit for the use of the ADSL Services or provide Internet access or any other feature of the ADSL Services to any third party or in any other way exploit the ADSL Service for any commercial purposes.

1.5          The ADSL Services are consumer products designed for personal access to and use of the Internet. You may not run a server (including game servers) in connection with the ADSL Services. You may not provide network services to others via the ADSL Services.

1.6          You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the ADSL Services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the ADSL Services in an abusive manner in connection with any unlimited packages, options or promotions.

1.7          We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of the ADSL Service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

1.8          We will manage bandwidth usage to the best of our ability during peak periods; however, it remains a best effort service.

1.9          We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.

1.10       We are committed to provide you with uninterrupted ADSL Services. However, we cannot guarantee that the ADSL Service and the allocated capacity will always be available. .

1.11       If the ADSL Service is used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the ADSL Services or your account.

1.12       The subscriber hereby indemnifies 3GI against and holds 3GI harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.

2                  CHARGES

2.1         The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Subscriber to 3GI by debit order.

2.2         It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

2.3         Returned Direct Debit transfers will be subject to a R85 handling fee.

2.4         3Gi will only issue invoices on request by the client through email.

2.5         3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

2.6         Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

3                  DURATION AND TERMINATION

3.1         This agreement is for a minimum of 3 (three) months initially and will automatically renew indefinitely thereafter.

3.2         The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to the other.

3.3         3Gi reserves the right to suspend/cancel the service without prior notice and with immediate effect if it is found that the subscriber has breached any of the terms and conditions set out in this contract.


 

HOSTED SPACE (SERVER INSTANCE) SERVICES

1                  HOSTING

1.1         3Gi does NOT provide SMTP mail services by default with shared hosting packages.

1.2         3Gi reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

1.3         3Gi 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 Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

1.4         3Gi reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an 3Gi Server to ensure compliance with this Agreement, 3Gi’s AUP, or any applicable laws regulations or codes of practice.

1.5         The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

2                  BACKUPS

2.1         Clients are solely responsible for backing up their data and 3Gi strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. 3Gi will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

2.2         3Gi may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, 3Gi does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

2.3         Clients are ultimately responsible for their own data, and 3Gi strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

2.4         3Gi also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by 3Gi by instruction from Clients or by Clients themselves.

2.5         3Gi will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

3                  DEDICATED SERVERS

3.1         3Gi provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with 3Gi at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to 3Gi property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours’ notice. 3Gi, at its discretion, may refuse such requests within reason.

4                  CLOUD HOSTING

4.1         3Gi reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which 3Gi deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

4.2         3Gi deploys all new Cloud Servers with VMTools pre-loaded. VMTools is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.

4.3         3Gi strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of 3Gi’s AUP and Terms & Conditions (contrary to the intended use of the product).

4.4         3Gi also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

4.5         3Gi may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

4.6         3Gi reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

5                  100% WEBSITE UPTIME GUARANTEE

5.1         3Gi guarantees that its hosting services will attain 100% availability, subject to the following.

5.2         The 100% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client's ISP's link to the respective data centre goes down or is faulty, but the web server 3Gi hosts is still up, 3Gi is not responsible for the Client not being able to reach their website.

5.3         3Gi is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.

5.4         The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the 3Gi web servers. If there is scheduled maintenance to be done the Client 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.

5.5         The 100% uptime guarantee does not apply if 3Gi suspends the Client’s Service as allowed in terms of this Agreement.

5.6         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.

5.7         Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to 3Gi for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

5.8         The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which 3Gi accepts no responsibility.

6                  USE AT CLIENT’S RISK

6.1         3Gi will exercise no control whatsoever over the content of the material hosted on, or the information passing through the 3Gi network and in no way moderates such content.

6.2         Clients expressly agree that use of 3Gi's Server(s) and Services are at the Client's sole risk.

7                  SPAM/VIRUS FILTERING

7.1         3Gi provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client 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 Client. The Client acknowledges and agrees that 3Gi shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

7.2         3Gi reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

8                  SOFTWARE UPDATES

8.1         3Gi will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

8.2         3Gi will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). 3Gi will not affect other updates on Managed or UnManaged servers, as this is not part of the service offered.

9                  DISCLAIMERS, LIMITATIONS AND INDEMNITIES

9.1         3Gi 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 Client's selected domain names/s OR ANY ACTION TAKEN BY 3GI IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

9.2         The Client hereby indemnifies and holds harmless 3Gi against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if 3Gi has been advised of the possibility of such damages;

9.3         3Gi 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.

 

9.4         Neither 3Gi, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that 3Gi'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 3Gi Server service, unless otherwise expressly stated in this Agreement.

9.5         3Gi expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. 3Gi specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

9.6         3Gi is not responsible if an external company network and firewall is setup to block access to services 3Gi provides. If a Client's network is setup to block certain ports or web addresses that compromise the services 3Gi provides it is the Client's responsibility to ensure that their network configurations are changed as necessary.

9.7         Clients also hereby indemnify 3Gi against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition 3Gi to share or cover such losses or liability, either directly or indirectly. 3Gi is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

 

SMTP / MAIL SERVICES

 

1                  SERVICE

 

1.1         3Gi will provide Internet communication to the Customer via the appropriate technology. (As per product choice)

1.2         The Service will consist of the options chosen by the Customer and the services shall be supplied in accordance with 3Gi’s Standard Terms and Conditions.

1.3         The service is a “best effort” service and no guarantees can be given once the internet has been reached. 3Gi does not have control over the various internet servers and the amount of users accessing these servers at any one time.

1.4         Service/Line connection from third party suppliers cannot be guaranteed in any way. Disruption to these connections does not waive the accountability of payment of service to 3Gi.

2                  CHARGES

2.1         The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Subscriber to 3GI.

2.2         3GI reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive one month’s notice relating to price adjustments.

2.3         It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

2.4         Returned Direct Debit transfers will be subject to a R85 handling fee.

2.5         3Gi will only issue invoices on request by the client through email.

2.6         3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

2.7         Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

3                  DURATION AND TERMINATION

3.1         This agreement is for a minimum of (three) months initially and will automatically renew indefinitely thereafter.

3.2         The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to the other.

3.3         3Gi reserves the right to suspend/cancel the service without prior notice and with immediate effect if it is found that the subscriber has breached any of the terms and conditions set out in this contract.

4                  SUBSCRIBER’S OBLIGATIONS

3.1         Only the registered user is authorized to use the account. The subscriber is prohibited from allowing any other party access to the service through the subscriber’s unique access codes.

3.2         The subscriber may not at any time use the service in contravention of any South African law. In particular, the subscriber undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the service and/or its use. 3GI has no obligation to assist the subscriber in this regard.

3.3         The subscriber is liable for all telephone and other connection costs incurred in connecting to 3GI’s service.

3.4         The Internet user shall not, without the express written permission of 3Gi, resell or make available to any third party such services as they might receive from 3Gi.

3.5         Should 3Gi incur any expenses to remedy any consequences arising from a breach of this Clause 4 above, 3Gi reserves the right to charge Subscriber the amount that is necessary to cover the reasonable additional expenditure incurred by 3Gi.

3.6         Service will be suspended when subscriber server or user transmits unsolicited bulk messages (“spam”); a R 250 penalty charge for stopping the spam queue and re-instate of service.

5                  WARRANTIES

5.1         3GI does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose. 3GI does not warrant or guarantee the information transmitted by and/or available to the subscriber by way of the service.           

6                  EXCLUSION OF LIABILITY

6.1         Except as otherwise expressly provided herein to the contrary, 3GI shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings).

6.2         The subscriber hereby indemnifies 3GI against and holds 3GI harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.


 

ACCEPTABLE USE POLICY

 

This Policy forms part of the Agreement between the Client and 3Gi and is binding on Clients using 3Gi’s services. The AUP sets out in detail what forms of conduct 3Gi regards as unacceptable on the part of its Clients and the steps which 3Gi may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.

1                  GENERAL

1.1         By contracting with 3Gi for services, the Client agrees, 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 the Client in connection with the Services.

1.2         The purpose of this AUP is to: 1.2.1 ensure compliance with the relevant laws of the Republic;

1.2.2          specify to Clients and users of 3Gi’s service what activities and online behavior are considered an unacceptable use of the service;

1.2.3          protect the integrity of 3Gi’s network; and

1.2.4          specify the consequences that may flow from undertaking such prohibited activities.

1.3      This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, 3Gi encourages the Client to read this document thoroughly and direct any queries to aup@3Gi.com.

1.4      3Gi respects the rights of 3Gi’s Clients and users of 3Gi's services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

2                  UNACCEPTABLE USE

2.1         3Gi's services may only be used for lawful purposes and activities. 3Gi prohibits any use of its Services including the transmission, storage and distribution of any material or content using 3Gi’s network that violates any law or regulation of the Republic. This includes, but is not limited to: 2.1.1 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.

2.2         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.

2.3         Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.

2.4         Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent.

2.5         Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with 3Gi on behalf of another client without their consent.

2.5.1          Any violation of the exchange control laws of the Republic.

2.5.2          Any activity that results in the sale, transmission or distribution of pirated or illegal software.

3                  THREATS TO NETWORK SECURITY

3.1         Any activity which threatens the functioning, security and/or integrity of 3Gi's network is unacceptable. This includes:

3.2         Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by 3Gi for this goal.

3.3         Any effort to use 3Gi's equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").

3.4         Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.

3.5         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.

3.6         Any activity which threatens to disrupt the service offered by 3Gi through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks.

3.7         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, malware, botnet or other harmful, destructive or disruptive component.

3.8         Any unauthorised monitoring of data or traffic on the network without 3Gi's explicit, written consent.

3.9         Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.

3.10      Failing to respond adequately to a denial of service attack (DOS / DDOS).

4                 SPAM AND UNSOLICITED BULK MAIL

4.1         3Gi regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:

4.2         Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;

4.3         Mail sent by one party to another with the explicit consent of the receiving party.

4.4         Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.

4.5         3Gi will take swift and firm action against any user engaging in any of the following unacceptable practices:

4.6         Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.

4.7         Using any part of 3Gi’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.

4.8         Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, 3Gi does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. 3Gi will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should 3Gi, at its discretion, believe that this is the case, it will be treated as SPAM.

4.9         Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.

4.10      Using 3Gi's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on 3Gi’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).

4.11      Including 3Gi's name in the header or by listing an IP address that belongs to 3Gi in any unsolicited email whether sent through 3Gi's network or not.

4.12      Failure to secure a Client'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. 3Gi reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. 3Gi also reserves the right to examine the mail servers of any users using 3Gi's mail servers for "smarthosting" (when the user relays its mail via an 3Gi mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with 3Gi's Privacy Policy and the laws of South Africa.

5                 USERS OUTSIDE OF SOUTH AFRICA

5.1         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 to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, 3Gi will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using 3Gi's resources, including the provisioning of all personal identifiable data.

6                 HOSTING

6.1         3Gi offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at 3Gi's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. 3Gi reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

6.2         Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

6.3         For Shared Hosting and Managed Dedicated Solutions, 3Gi will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. 3Gi is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.

6.4         3Gi will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

6.5         3Gi prohibits Clients from doing the following on hosting platforms administered by 3Gi:

6.6         Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.

6.7         Running applications with inadequate security controls.

6.8         Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.

6.9         Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.

6.10      Storing malicious content, such as malware or links to malware.

6.11      Monopolising server resources, including CPU time, memory, network and disk bandwidth.

6.12      Maintaining long-running processes and long-running database queries.

6.13      Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.

6.14      Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.

6.15      Using poor passwords.

6.16      Sharing security credentials with untrusted parties.

6.17      Running Torrents for download or Seed Servers.

6.18      Running TOR (or other Online Anonymity Services).

6.19      Otherwise circumventing the Acceptable Use Policy or intended use of the product.

7                 PROTECTION OF MINORS

7.1         3Gi prohibits Clients from using 3Gi'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 and cyber bullying.

7.2         3Gi prohibits Clients from using 3Gi’s service to host sexually explicit or pornographic material of any nature.

8                 PRIVACY AND CONFIDENTIALITY

8.1         3Gi respects the privacy and confidentiality of 3Gi’s Clients and users of 3Gi’s service. Please review 3Gi's Privacy Policy which details how 3Gi collects and uses personal information gathered in the course of operating its Services.

9                 USER RESPONSIBILITIES

9.1         Clients are responsible for any misuse of 3Gi's services that occurs through the Client's account. It is the Client's responsibility to ensure that unauthorised persons do not gain access to or misuse 3Gi's service.

9.2         3Gi urges Clients not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and 3Gi cannot be held liable for the Client being placed on any bulk mailing lists as a result.

9.3         Where the Client has authorised a minor to use any of the 3Gi's services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.

10               COMPLAINTS PROCEDURE

10.1      Complaints relating to the violation of this AUP should be submitted in writing to abuse@3Gi.com. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to 3Gi’s network and services.

11               ACTION FOLLOWING BREACH OF THE AUP

11.1      Upon receipt of a complaint, or having become aware of an incident, 3Gi may, in its sole and reasonably-exercised discretion take any of the following steps:

11.2      In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;

11.1.2 In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);

11.1.3 In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;

11.1.4 In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

11.1.5 Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

11.1.6 Institute civil or criminal proceedings;

11.1.7 Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies; and/or

11.1.8 Suspend or terminate the Service as provided for in the Agreement.

11.3 This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

12               RESERVATION AND NON WAIVER OF RIGHTS

12.1      3Gi reserves the right to amend or alter this policy at any time, and without notice to the Client.

12.2      3Gi reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing 3Gi’s services, to the fullest extent of the law.

12.3      3Gi reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over 3Gi’s network.

12.4      3Gi does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should 3Gi fail, neglect or elect not to enforce a breach of the AUP at any time.