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WebDSL > Terms and conditions

Terms and conditions

Terms and Conditions (T's & C's)

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracyof these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of WebDSL or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Additional disclaimer clauses apply, and can be viewed at http://www.webdsl.co.za/disclaimer.html. Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

  • Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  • We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24 hour, 7 day a week support number is 087 808 9896.

Service Levels

ADSL is provided as a best-effort service and uptime cannot be guaranteed. During any technical failure, modification or maintenance of the service provided, WebDSL will use its reasonable endeavors to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of WebDSL.

ADSL Accounts

We offer One type of ADSL accounts, namely a Monthly service.

Services currently under the Monthly Billed Accounts:

  • ADSL
  • Uncapped
  • ADSL Lines
  • All Hosting services

Monthly services are billed on a continuous basis from the date of sign up, monthly billing is from the 1st to the last day of every month. Should you not wish to continue with a monthly billed service you are required to complete the cancellation via the Customer Control Panel before the 25th of every month, alternatively an email may be sent to cancellations@webdsl.co.za> from the email address provided when the sign up was completed requesting the cancellation before the 25th of every month. Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Uncapped Accounts

The Acceptable Use Policy for the just/yourSurf, Uncapped, justUncapped Express+/ADSL Uncapped Fibre and Business Uncapped can be found at http://www.webdsl.co.za/aup.html. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
All uncapped accounts are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Combo Accounts

  • Combo Pricing
    Combo pricing applies to one data service and one adsl line tied together as a combo. The process of transferring/activating the ADSL line takes place at the time of the order and cannot be ordered for a future date. Once a service is combined, the ADSL account will be locked down to the ADSL Line, the account cannot be used on a different ADSL Line.
  • Line Transfer Combo
    On initial sign up a discounted amount will be billed for the data portion of the combo and there will be no charge for the transfer of the ADSL line if it take place in the current month. A discounted amount will be billed on transfer of the ADSL Line at any time other than the current month. The full combo price will be billed on the 1st of the following month.
  • New Line Combo
    A discounted amount will be billed for the data and ADSL Line once the ADSL Line is activated by Telkom. The service on the combo will be activated once payment is received for the amount billed. The full combo price will be billed on the 1st of the following month.
  • Permanent Upgrade/Downgrade of Combo
    In order to upgrade/downgrade your existing combo you will need to first split the combo. Once the combo has been split, the changes can be made and the services can then be combined again. The new combo price will be billed on the 1st of the following month.
  • Cancellations
    In order to cancel one or both services within a combo it is necessary to first split the combo. Once the combo have been split the desired changes can be made.
  • Splitting Combos
    When combos are split they will be billed at the stand alone price per service.
  • Combining Existing Services
    When services are combined the combo price will apply from the 1st of the following month.

* Combo pricing excludes already discounted services and special offers
* Combo pricing applies to selected products only

Static IPs

Minimum Requirements

In order to use this product you must have a router or server that can terminate an L2TP tunnel/connection

  • Only one static IP can be linked to one active ADSL service (username)
  • A static IP cannot be transferred from one service to another
  • The static IP will remain active as long as the ADSL service (username) it is linked to is active, should the ADSL service (username) it is linked to be cancelled, the static IP will automatically be deleted. Please be aware that once the static IP is deleted it cannot be recovered, should you repurchase the service a new static IP will be issued.
  • Failure to pay for your static IP and linked service before the due date will result in the static IP being deleted, once the static IP has been deleted it cannot be recovered.
  • A static IP can be cancelled during the course of a month, but the cancellation will only take effect at the end of the month. E.G if we receive your cancellation on the 1st or 15th of July, the static IP will only be deleted on the 31st of July at 11:59pm.

The WebDSL Technical Support Team will only assist you with the initial setup and maintenance of your L2TP connection and WebDSL username on your device. Due to privacy and security concerns, internal network configurations like natting and routing will need to be set up and maintained by your network administrator.

Static IPs are available for all monthly billed services, except SAIX based accounts and trial accounts.

For additional support please go to www.portforward.com.

Hosting

The WebDSL Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

WebDSL has not and does not conduct pre-registration searches in respect of the customer's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar.

The use or registration of the Domain Name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.

WebDSL cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that WebDSL may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance WebDSL shall be allowed to provide a complainant with customer 's name and address and all further communication will exclude WebDSL and WebDSL will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by WebDSL until a court or other body with jurisdiction directs otherwise.

WebDSL will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s OR ANY ACTION TAKEN BY AXXESS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

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

WebDSL will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

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

WebDSL expressly limits its damages to the Customer for any non-accessibility time or other down time during the system unavailability. WebDSL specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

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

Modems

Please Note: An ADSL or VDSL Line is required in order to make use of these modems. These modems are only available within South Africa.

Delivery times stated are not guaranteed but are generally attainable within major centres, a possible delay of 24 to 96 hours can be expected outside of major centres.
A physical address is required for the delivery of your order, orders to Postal Addresses will not be accepted.
Deliveries take place on weekdays during business hours and excludes weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter.
Delivery times may be delayed should the need arise for clearance of payment.
WebDSL undertake to carry the cost of one exchange or return if required, thereafter the client will be responsible for the delivery and collections costs.
Each modem includes a 1 year replacement warranty.

Refunds Policy

Refunds will not be granted for accounts purchased in error. Should it be proven that an account is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an WebDSL banking account erroneously will also have a 15% fee levied to cover our bank charges. Refunds are processed after the second week of the month.

Cancellations Policy

The cancellation of a product is your responsibility. Cancellations may be actioned from your control panel. Should you cancel after the 24th and are on the debit order payment method; your cancellation will be effective from the end of the following month (see Debit Orders below). If your payment method is EFT or Credit card you are able to email your cancellation request after the 24th from the email address registered with us to cancellations@webdsl.co.za before 17:00 on the last day of the month. Emailing your cancellation request does not guarantee that your service will be cancelled.

Telkom ADSL Lines

By supplying your bank account/credit card details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/We hereby authorise WebDSL(Pty) LTD to apply for a new/transfer of my/our ADSL Line from Telkom SA Ltd.

In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the customer, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the customer's account will be credited accordingly. WebDSL PTY (Ltd) will on behalf of our customer as far as possible deal with Telkom SA Limited on the customer's behalf. Any credit due to the customer by Telkom SA Limited after the transfer of their ADSL Line to WebDSL PTY (Ltd) remains the responsibility of Telkom SA Limited and the customer will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by WebDSL PTY (Ltd). Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately. ADSL lines cannot be transferred between Service Providers, an ADSL Line can only be transferred to WebDSL PTY (Ltd) from Telkom SA Limited directly. Should you wish to have your ADSL Line transferred to WebDSL that is currently with another Service Provider you will first need to transfer the ADSL line back to Telkom SA Limited, thereafter the application for the transfer can be submitted to WebDSL PTY (Ltd).

The customer will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line. The ADSL line rental will be billed to the customer by WebDSL PTY (Ltd) together with any other services provided to them. On application for a new line or a transfer of a line the full amount for the ADSL line size chosen will be billed and debited, once the new line, transfer has been completed we will credit the original amount paid and a prorata amount will be billed, the balance will be used towards your renewal for the following month. In the case of an upgrade/downgrade of a line, we will bill you a prorata amount once the upgrade/downgrade of the ADSL Line has been completed and this amount will be debited to your nominated bank account/credit card, in the case of a downgrade any credit amount due will be used towards the following months renewal. Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be suspended immediately, failure to pay the outstanding amount within 7 days will result in the ADSL Line being transferred back to Telkom SA Limited which will result in your telephone/fax line account being charged for the ADSL Line by Telkom SA Limited. Payment for the rental of the ADSL Line is due before the 1st of every month, failure to pay will result in the ADSL line being transferred back to Telkom, should the clients Telkom account be suspended the ADSL line will be cancelled. Should you approach Telkom directly to have your telephone number ported, the ADSL service on your line will automatically be cancelled. Please advise us of your intent to port in advance so that we may arrange for the ADSL line to be transferred back to Telkom and thus avoid the cancellation of the ADSL line service. Should an incorrect telephone number be provided for the ADSL line and the service is successfully activated, the client will be liable for any costs arising from the activation of the ADSL Line service.

Cancellations need to reach us by 4pm, no later than 7 working days before the end of the month, all cancellations received after this will only be cancelled at the end of the following month and the account holder will be liable for the ADSL line cost.

Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month.

Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or transfer back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/transfer back will be actioned before the last day of the month or only take place the following month.

Queries pertaining to your adsl line can be directed to lines@webdsl.co.za during office hours, if you are experiencing technical difficulties you can contact our 24 hour Support Line on 087 808 9896.

Telkom terms and conditions can be found at:
http://www.telkom.co.za/general/termsandconditions/index.html

Payment Options / Terms

All transactions will be processed in South African Rands (ZAR). We accept EFT payments only. We do not extend credit and payment is required up front, services will not be activated without payment. All manual (EFT) monthly payments must reach us before 5pm on the last day of the month, failure to do so will result in all services being suspended until payment is received. On request we will supply our banking details should you wish to make payment via Cash Deposit or alternative bank. Always use your six digit account number as your reference when making payment to avoid delays in your payment being allocated.

Failure to make payment by the due date will result in your services being suspended. Failure to pay your hosting and or domain registration on the due date may result in your domain name being deleted by the registrar and become available to the public for re-registration. Failure to pay your ADSL Line services on the due date may result in your ADSL Line services being transferred to Telkom and Telkom will continue to bill you for this service.

Please email your Proof of Payment/Cash Deposit slip to payments@webdsl.co.za, please remember to use your six digit account number as your reference when making your payment.

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service.

Our banking details

Please note: When making a payment use the bank beneficiary Axxess DSL.
Detailed instructions can be found on our website at http://www.webdsl.co.za/bank-details.html

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Month End

Accounts that have reached 100% usage will be capped and you will not be able to top up until 00:30. Please ensure that all new purchases, service changes and top ups have been processed before 17:00 on the last day of the month to ensure that your request is actioned before 19:00.

Contact Details

Click here to view information

Take-down Notice

In terms of Section 75 of the Electronic Communications and Transactions Act ("the Act") WebDSL has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Details for ISPA:
Tel: 010 500 1200
takedown@ispa.org.za

PO Box 518
Noordwyk
1687
Midrand

I accept and understand that:

The service will be subject to:

  • Provisions of the Electronic Communications Act No 36 of 2005 ("the ECA"). Telkom's Public Switched Telecommunications Service License Conditions, SAIX & MTN Conditions of Service as amended from time to time. (A copy of these conditions is available from Telkom, SAIX & MTN).
  • I will rent the service for the contract term as indicated in this order. Cancellation via email is the accepted cancellation method.
  • Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees.
  • WebDSL will be entitled to verify the information contained on the customer's order form and generally make enquiries it deems necessary. WebDSL will also be entitled to furnish any information regarding the customer's account with WebDSL and his compliance with these conditions to any credit bureau / Bank.
  • I/we hereby indemnify WebDSL against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
  • The ADSL service is sold as a best effort service and does not provide any guaranteed throughput to the world wide web.

Date last changed: 29th March 2014