ADSL Terms and Conditions

ADSL Terms and Conditions

1. Terms and Conditions of services
1.1. All prices are VAT inclusive.
1.2. Payment is by debit order only and in advance for the services that you receive. The debit
order will be processed on the first working day of every month.
1.2.1. Failed debit orders may carry a penalty of R50 which will be levied against your account.
Even though your subscription is collected via debit order, you will receive an invoice via email for
your records.
1.2.2. Should your debit order fail, your services may be disabled immediately and you will be
required to pay your arrears, the R50 debit order penalty, and a deposit amount equal to 50% of the
failed debit order to a maximum of R500.00 before your service is re‐enabled again. The deposit
required will double every time your debit order fails. The deposit will be refunded, interest free on
termination of the service.
1.2.3. Cybersmart reserves the right to reprocess failed debit orders at any time for the
outstanding amount or any part thereof.
1.2.4. Should your debit order fail for any reason you will be responsible for any fees imposed by
your bank.
1.2.5. If you do not use your ADSL service in the month this does not entitle you to stop your debit
order. Your ADSL monthly subscription is payable irrespective of whether you use your ADSL service
or not or whether your service is disabled or not and the monthly amounts will continue to accrue
against your account until the service is cancelled in writing with a copy of your Identity Document
1.2.6. By successfully completing this application on‐line you are electronically signing the debit
order instruction below. You will be contacted by our staff and the contract confirmed via a
recorded telephone conversation
1.3. You are required to give Cybersmart 1 calendar months written notice accompanied by a
copy of your Identity Document when terminating a service.
1.3.1. For the absence of doubt examples are given :‐
1.3.1.1 Should you cancel your service on the 1 July, you will be required to pay for both July and
August months;
1.3.1.2 If you cancel your service on 15 July, you will be required to pay for July and August months;
1.3.1.3 If you cancel your service on 31 July, you will be required to pay for July and August months.
1.3.2. In the event of you wishing to cancel you may inform Cybersmart via e‐mail, fax, letter or
phone‐call. Cybersmart staff will call you back on a recorded telephone call to the cell phone number
and/or the land‐line number that you supplied at the time of applying for your service. In the event
of Cybersmart not being able to contact you on either of those telephone numbers then a service
can only be cancelled by FAXING it to (087) 625 0003 or (021) 461 0015. On the cancellation FAX you
must include the following: Your name and ID number, your ADSL account name and a copy of your
ID. This copy of your ID is required as it is compared to the earlier ID document received in the
application ‐ this prevents a person maliciously cancelling someone else’s service. Please make sure
that you keep the confirmation of receipt produced by your FAX machine as proof of cancellation
date. Your account will be deleted on the last day of the following month.
1.4. You may not sign up on‐line for multiple accounts using the same bank details. Should you
wish to order any additional services you will be required to email accounts@cybersmart.co.za
1.5. For the protection of all customers, should you fraudulently enter bank details not
belonging to yourself, Cybersmart will :‐
1.5.1. institute criminal charges against you;
1.5.2. prevent you from subscribing to this service again;
1.5.3. blacklist the location that you were using;
1.6. If you connect with a faster circuit, you will AUTOMATICALLY be billed for the higher circuit
price.
1.7. All prices include 1 Free 5Gig email address @cybersmart.co.za
1.8. If your account is activated after the 20th of the month both the amount that you are
invoiced and the Gigs that you have bought will be pro rata. For the absence of doubt examples are
provided. :‐
1.8.1. If you are activated on the 20 July, you will be billed for the full month of July and receive
the full Gigs;
1.8.2. If you are activated on the 21 July you will be billed for the remaining 10 days in July and you
will receive 10/31 of the Gigs;
1.8.3. However you will be billed pro rata for the circuit from date of activation of your ADSL
circuit irrespective which day of the month it is activated;
1.8.4. Since payment is for services in advance, your FIRST debit order amount will be for the
month that you are activated in plus the following months services;
1.9. Promotional free and discounted services for a limited period are opt‐out services. Should
you wish to cancel the service at the end of the promotional period you are required to cancel in the
prescribed manner as laid out in these terms and conditions.
1.9.1 If you have been given a free or discounted router as part of any promotional package and
you opt out before the end of 12 calendar months you will be required to pay the full purchase price
of the router which is set at R459.00 Vat Inc.
1.9.2 If you have applied for the One Price ADSL package you will be paying the R275.00 once off
setup fee which includes a FREE non‐wireless ADSL router, pots filter and the courier fee.
1.9.3 In the event of you having received a free or discounted adsl router as part of your package ,
should you terminate the contract within 12 months you will be required to pay the full purchase
price of the router.
1.9.4 Should you downgrade any ADSL Package or Bundle you will be liable to pay a downgrade fee
of R200.00.
1.10. You may only connect from ONE account per location.
1.10.1. Additional accounts at the same location will be disabled or the owners of each of the
secondary accounts will be billed at the top‐up rate as prescribed on our web‐site from time to time.
1.11. You receive a CAP which is the maximum amount of the sum of your upload/download
traffic that you may use in a month. Spare Cap is not carried to the following month unless you have
done a “rolled top up” in which case whatever is left of your “rolled top up” gigs will be carried over
to the following month.
1.11.1. Uploading and downloading is not limited to reading web pages and browsing the internet.
Getting email, listening to the radio, streaming video clips are also included in your
download/upload limit.
1.11.2. Should Cybersmart detect that a user has downloaded more than 3Gigs on a 3Gig account
without “topping up”, these extra Gigs that were used, but not paid for will be subtracted from the
users Gigs in the following month.
1.12. If you run out of gigs during the month, you may buy additional gigs. Such top‐ups will be
charged at the rate displayed on the web‐site at the time that the application for a top‐up was made
and subject to the further acceptance of these terms and conditions
1.12.1. Should you top up during the month, this amount will be collected in the debit order run
on the 1st working day of the following month. The Gigs that you top up DO NOT carry over to the
following month unless you have paid the rollover fee or have purchased a Giggybank add‐on
service, nor are they pro rata.
1.13. Cybersmart scans emails for both viruses and unsolicited bulk email (SPAM). Cybersmart will
not be held liable should an email be erroneously blocked as SPAM.
1.13.1. Further, Cybersmart uses a third party virus scanner in order to scan for viruses. Only
viruses that are known by this scanning software can be blocked.
1.13.2. Cybersmart will not be held liable for any damage caused by a virus that was unable to be
blocked by the virus scanner.
1.13.3. A customer is prohibited from sending unsolicited bulk email and our mail servers will only
allow you to address your email to a maximum of 25 recipients.
1.14. For purposes of billing you will be billed according to the circuit speed that you are using not
the circuit speed you subscribed to in the signup process.
1.14.1. As an example, if you have signed up for a 384Kb circuit but the exchange reports to us that
you are using a 1024Kb circuit; we will advise you of such and then adjust your subscription
accordingly.
1.15. Terms and conditions may change without prior notice.
2. DOMICILIUM AND NOTICES
2.1. The parties choose domicilium citandi et executandi for all purposes under this Lease as
follows :
2.1.1. Cybersmart:
72 Canterbury Street
Cape Town
8000
Verivision
P .O.Box 26992
Hout Bay
Cape Town
7872
2.1.2 The Cybersmart/Verivision ADSL Account Holder at either of the following :‐
2.1.2.1 Fax No.
2.1.2.2 Email
2.1.2.3 Physical Address (Home)2.2. Any notice required or permitted to be given in terms of this Agreement shall be valid and
effective only if in writing.

2.3. Any notice given and any payment made by one party to the other (“the addressee”) which:‐
2.3.1. is delivered by hand during the normal business hours of the addressee at the addressee’s
domicilium for the time being shall be presumed, until the contrary is proved, to have been received
by the addressee at the time of delivery;
2.3.2. is posted by prepaid registered post from an address within the Republic of South Africa to
the addressee at the addressee’s domicilium for the time being, shall be presumed, until the
contrary is proved, to have been received by the addressee on the fourth (4th) day after the date of
posting;
2.3.3. is transmitted by fax or email shall be deemed (in the absence of proof to the contrary) to
have been received within one (1) hour of transmission where it is transmitted during normal
business hours of the receiving instrument and within four (4) hours of the commencement of the
following business day if transmitted outside those business hours.
3. Acceptance by Cybersmart of this contract
3.1. Cybersmart confirms acceptance of this contract at the time the prospective customer
checks to accept these terms and conditions and clicks the “Apply”􀀀 button to complete the
application and create the connectivity account and that such acceptance will have been recorded
with the date and time of such acceptance.
4. Debit Order instruction
4.1. To: Cybersmart Ltd (Reg. No. 2007/013792/06)
72 Canterbury Street, Cape Town, 8001
Phone: (087) 625 0888
Fax: (087) 625 0003 or (021) 461 0015
4.2. I hereby request, instruct and authorise Cybersmart Ltd to draw against my bank account
entered on the online signup form (or any other bank account to which I may transfer my account)
the balance reflected on my monthly Cybersmart statement sent via email, being the amount due in
respect of all monthly Internet Services subscribed to at Cybersmart less payments receipted in
advance, excluding deposits. The amount due will be drawn on the first working day of every month
and will continue until cancelled in writing. I understand that if no amounts are due then no
amounts will be drawn.
4.3. I understand that in the event of my debit order failing Cybersmart will have the right to
process further debit orders during the ensuing months in an attempt to recover the outstanding
balance
4.4. All such withdrawals from my bank account by Cybersmart Ltd shall be treated as though
they have been signed by me personally. I understand that the withdrawals hereby authorised will
be processed electronically and I also understand that details of each withdrawal will be printed on
my bank statement or on an accompanying voucher.
4.5. I agree to pay any bank charges relating to this debit order instruction as well as any bank
charges any reversal fees charged by my own bank in the event of a debit order failing
4.6. I understand that I shall not be entitled to any refund of amounts which, Cybersmart Ltd has
withdrawn whilst this authority was in force, providing such amounts were legally owing to
Cybersmart Ltd.
4.8. ASSIGNMENT:
4.8.1. I acknowledge that the party hereby authorised to effect the drawing(s) against my account
may cede or assign any of its rights to any third party without my prior written consent and that I
may not delegate any of my obligations in terms of this contract/authority to any third party without
prior written consent of the authorised party which shall not be reasonably withheld.
5. ADSL Acceptable Use Policy
5.1. You will not use the ADSL Service, directly or indirectly, in a way that:
5.1.1. 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;
5.1.2. interferes with any third party’s use of the ADSL Service;
5.1.3. transmits unsolicited bulk messages;
5.1.4. in Cybersmart’s sole discretion constitutes abuse of the ADSL Service or of Cybersmart’s
systems.
5.2. Cybersmart reserves 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.
5.3 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 or otherwise
generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or use
the ADSL Services in an abusive manner.
5.4 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. Should we discover
that you have found a way to bypass any of our control measures your service will be restricted,
suspended or terminated, in our sole discretion.
5.5 We will manage bandwidth usage to the best of our ability during peak periods, however, it
remains a best effort service.
5.6 We reserve the right to manage our network in order to optimize its efficiency for the benefit
of all our subscribers. We may take any other action we deem appropriate in order to help ensure
the integrity of the network experience for all subscribers. In the Home Uncapped Service the
concurrent TCP streams are limited to 40.
5.7 We do not make any express or implied representations, warranties or guarantees regarding
the availability, accuracy, reliability, timeliness, quality or security of the ADSL Service.
5.8 We are committed to provide you with an uninterrupted ADSL Service. However, we cannot
guarantee that the ADSL Service and the allocated capacity will always be available.
5.9 We can terminate the ADSL Service at any time if we decide to discontinue the ADSL Service
offering for any reason whatsoever, without any further liability to you.
5.10 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.