The Fine Print
PAIA and POPI Manual
This manual was prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 and to
address requirements of the Protection of Personal Information Act, 2013.
This manual applies to RSAWEB Pty Ltd
Registration Number: CK 2012/193994/07
Registered Office Address:
4th Floor, The Point, 76 Regent Road, Sea Point, Cape Town, South Africa
No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any
purpose, without express written permission of:
RSAWEB PTY Ltd
4th Floor, The Point,
76 Regent Road, Sea Point,
Cape Town, South Africa
RSAWEB Pty Ltd is committed to on-going research and development to track technological developments and customer needs
in the market. Consequently, information contained in this document may be subject to change without prior notice.
The promotion of Access to Information Act, 2000 (the “Act”) gives third parties the right to approach private bodies and the
government to request information held by them, which is required in the exercise and/or protection of any rights. On request,
the private body or government is obliged to release such information unless the Act expressly states that the records
containing such information may or must not be released. This manual informs requestors of procedural and other requirements
which a request must meet as prescribed by the Act.
Nature of Business
The Company is an ICASA Registered Internet Services Provider, holding both IECS & IECNS licenses
Name of Body: RSAWEB Pty Ltd
Information Officer: Leonore Lotz
Physical Address: Suite 401, 4th Floor
The Point Office
76 Regent Road
Western Cape, 8060
PO BOX 12768,
Telephone Number: 087 470 00 00
Email Address: [email protected]
2 Guide Of The South African Human Rights Commission
A guide to the Act (as contemplated under section 10 of the Act) is available from the South African Human Rights Commission.
The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated
in the Act. Any enquiries regarding this guide and its contents should be directed to:
The South African Human Rights Commission:
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-7146
E-mail: [email protected]
3 Access To Records Held By RSAWEB
Records held by RSAWEB may be accessed on request only once the requirements for access have been met. A requester is any
person making a request for access to a record of RSAWEB and in this regard, the Act distinguishes between two types of
3.1 Personal Requester
A personal requester is a requester who is seeking access to a record containing personal information about the
requester. Subject to the provisions of the Act and applicable law, RSAWEB will provide the requested information, or
give access to any record about the requester’s personal information. The prescribed fee for reproduction of the
information requested will be charged by RSAWEB.
3.2 Other Requester
This requester (other than a personal requester) is entitled to request access to information pertaining to third parties.
However, RSAWEB is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the
Act. The prescribed fee for reproduction of the information requested will be charged by RSAWEB.
3.3 Request Procedure
A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a
record. A requester must complete the request form enclosed herewith in Appendix 1 and submit it, as well as the
payment of a request fee, if applicable to the information officer at the physical address, or electronic mail address as
stated herein. The request form must be filled in with enough information to at least enable the information officer to
• The record or records requested
• The identity of the requester
• What form of access is required?
• The postal address or email address of the requester.
A requester must state that he or she requires the information to exercise or protect a right, and clearly state what the
nature of the right is, so to be exercised or protected. The requester must also provide an explanation of why the
requested record is required for the exercise or protection of that right.
RSAWEB will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the
information officer that circumstances dictate that this period not be complied with.
The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester
requires the reasons for the decision in any other manner, he or she must state the way it is required. If a request is
made on behalf of another person, the requester must then submit proof of the capacity in which the requester is
making the request to the satisfaction of the information officer.
If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the
request orally to the information officer.
3.4.1 The Information Officer will, within 1 month of receipt of the request, decide whether to grant or decline
3.4.2 The 30 day period may be extended for a further period if the request is for a large amount of information
or the request requires a search for information held at another office of RSAWEB and the information
cannot reasonably be obtained within the original 30 day period. The Information Officer will notify the
Requester in writing should an extension be sought.
3.5 Grounds For Refusal Of Access To RecordsIn Terms Of PAIA
The following are the grounds on which RSAWEB may, subject to the exceptions contained in Chapter 4 of PAIA, refuse a
Request for Access in accordance with Chapter 4 of PAIA:
3.5.1 Mandatory protection of the privacy of a third party who is a natural person, including a deceased person,
where such disclosure of Personal Information would be unreasonable.
3.5.2 Mandatory protection of the commercial information of a third party, if the Records contain:
a) Trade secrets of that third party
b) Financial, commercial, scientific, or technical information of the third party, the disclosure of which
could likely cause harm to the financial or commercial interests of that third party; and/or
c) Information disclosed in confidence by a third party to RSAWEB, the disclosure of which could put
that thirdparty at a disadvantage in contractual or other negotiations or prejudice the third party in
3.5.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.
3.5.4 Mandatory protection of the safety of individuals and the protection of property.
3.5.5 Mandatory protection of Records that would be regarded as privileged in legal proceedings.
3.5.6 Protection of the commercial information of RSAWEB, which may include:
a) Trade secrets
b) Financial/commercial, scientific, or technical information, the disclosure of which could likely cause
harm to the financial or commercial interests of RSAWEB.
c) Information which, if disclosed, could put RSAWEB at a disadvantage in contractual or other
negotiations or prejudice RSAWEB in commercial competition; and/or
d) Propriety software which are developed and ow, and which are protected by copyright and
intellectual property laws.
3.5.7 Research information of RSAWEB or a third party, if such disclosure would place the research or the
researcher at a serious disadvantage, and
3.5.8 Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of
3.6 Remedies Available To The Requester Upon Refusal Of A Request For Access Of PAIA
After submitting a compliant in the form provided in Appendix 1 of this Manual, and where RSAWEB is unable to resolve
your complaint within one month (or extended period), to your satisfaction, you have the right to refer your complaint to
the below details.
3.6.1 Internal remedies
RSAWEB does not have internal appeal procedures. As such, the decision made by the Information
Officer is final, and Requesters will have to exercise such external remedies at their disposal if the
Request for Access is refused.
3.6.2 External remedies
In respect of South African Data Subjects at: The Information Regulator at Physical Address: 333 Hoofd
Forum 111 3rd Floor Braampark Braamfontein, Johannesburg Email: [email protected], Website:
In respect of European Data Subjects at: The supervisory authority, in the particular Member State of
your habitual residence, place of work or place of the alleged GDPR infringement. See link that provides
details of the list of supervisory authorities details
3.7 Availability Of This Manual
3.7.1This Manual is available for inspection by the general public, upon request, during office hours and free of charge at
3.7.2This Manual is also published on RSAWEB’s website www.rsaweb.co.za
The Act provides for two types of fees:
Fees can be scrutinised in Appendix 2.
A request fee, (which will be a standard fee) and an access fee, which must be calculated by considering reproduction costs,
search and preparation time and cost, as well as postal costs where applicable. When a request is received by the information
officer of RSAWEB, the information officer shall by notice require the requester, other than a personal requester, to pay the
prescribed request fee, if any, before further processing of the request can take place. If a search for the information is necessary
and the preparation and disclosure of the information for disclosure, requires more time than prescribed in the regulations for
this purpose, the information officer shall notify the requester to pay as a deposit if the request is granted.
The information officer shall withhold information until the requester has paid the fee or fees indicated. A requester whose request
for access to information has been granted, must pay an access fee reproduction, for search, preparation, and for any time in excess
of the prescribed hours to prepare the information for disclosure including making arrangements to make it available in the request
form. If a deposit has been paid in respect of a request for access, which is refused, then the information officer shall repay the
deposit to the requester.
5 Categories Of Records Held By The Company: Section 51(1)(E)
5.4 Companies Act Records
5.4.1 Company Incorporation
5.4.2 Names of Directors
5.4.3 Salaries of Directors
5.4.4 Minutes of Board Meetings
5.4.5 Records relating to the appointment of directors / auditor / secretary / public officer and other officers
5.5 Financial Records
5.5.1 Financial Statements
5.5.2 Documents relating to taxation of the company
5.5.3 Accounting Records
5.5.4 Financial Agreements
5.6 Agreements or Contract Records
5.6.1 Standard Agreements
5.6.2 Contracts concluded with Companies
5.6.3 Contracts concluded with Customers
5.6.4 Third Party Contracts (such as Service Level Agreements etc.)
5.6.5 Suppliers Contracts
5.7.1 List of Employees
5.7.2 Personal Information of Employees
5.7.3 Employee Contracts of Employment
5.7.4 Salaries of Employees
5.7.5 Leave Records
5.8 Company Policies and Directives
5.8.1 Internal relating to employees and the company
5.8.2 External relating to clients and other third parties
5.9.1 Licenses or Authorities
5.10 Customer Information
5.10.1 Customer Details
5.10.2 Contact details of individuals within Customers
5.10.3 Communications with Customers
5.11 Systems, Solutions, and Information Technology
5.11.1 Intellectual property pertaining to solutions and products developed.
5.11.2 Usage of solutions and products
6 Protection of Personal Information That Is Processed by RSAWEB
6.4 Conditions of Processing
Chapter 3 of POPI provides for the minimum Conditions for Lawful Processing of Personal Information by a Responsible
Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPI. Below is a
description of the eight Conditions for Lawful Processing as contained in POPI:
a) Accountability – the Responsible Party has an obligation to ensure that there is compliance with POPI in respect of
the Processing of Personal Information.
b) Processing limitation – Personal Information must be collected directly from a Data Subject to the extent
applicable; must only be processed with the consent of the Data Subject and must only be used for the purposes
for which it was obtained.
c) Purpose specification – Personal Information must only be processed for the specific purpose for which it was
obtained and must not be retained for any longer than it is needed to achieve such purpose.
d) Further processing limitation – further processing of Personal Information must be compatible with the initial
purpose for which the information was collected.
e) Information quality – the Responsible Party must ensure that Personal Information held is accurate and updated
regularly and that the integrity of the information is maintained by appropriate security measures.
f) Openness – there must be transparency between the Data Subject and the Responsible Party.
g) Security safeguards – a Responsible Party must take reasonable steps to ensure that adequate safeguards are in
place to ensure that Personal Information is being processed responsibly and is not unlawfully accessed.
h) Data Subject participation – the Data Subject must be made aware that their information is being processed and
must have provided their informed consent to such processing.
6.5 Purpose of the Processing of Personal Information by RSAWEB
As outlined in paragraph 6.1c, Personal Information may only be Processed for a specific purpose. The purposes for which
RSAWEB Processes or will Process Personal Information, is set out in Appendix 3.
6.6 Categories of Data Subjects and Personal Information/special Personal Information relating thereto
As per section 1 of POPI, a Data Subject may either be a natural or a juristic person. Appendix 3 sets out the various
categories of Data Subjects that RSAWEB Processes Personal Information on and the types of Personal Information relating
6.7 Recipients of Personal Information
Part 3 of Appendix 5 outlines the recipients to whom RSAWEB may provide a Data Subjects Personal Information to.
6.8 Cross-Border Flows Of Personal Information
Section 72 of POPI provides that Personal Information may only be transferred out of the Republic of South Africa:
a) If the recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws
must be substantially like the Conditions for Lawful Processing as contained in POPI; or
b) If the Data Subject consents to the transfer of their Personal Information; or
c) If the transfer is necessary for the performance of a contractual obligation between the Data Subject and the
Responsible Party; or
d) If the transfer is necessary for the performance of a contractual obligation between the Responsible Party and a
third party, in the interests of the Data Subject; or
e) If the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the
Data Subject, and if it were, the Data Subject, would likely provide such consent.
RSAWEB has trans-border flows of Personal Information as described below:
6.8.1 we make use of systems hosted in European territories and Personal Information may be stored in European zones which would be subject to strict data protection laws in line with the GDPR.
6.8.2 Before signing an agreement with a third-party service provider that we are required to share Personal Information
with, we ensure that their data protection standards are in line with those outlined in Information Protection Laws
and request that this obligation is provided for in writing.
6.9 Description of information security measuresto be implemented by RSAWEB
Section D of Appendix 3 sets out the types of security measures to implemented by RSAWEB to ensure that Personal
Information is respected and protected.
A preliminary assessment of the suitability of the information security measures implemented or to be implemented by
RSAWEB may be conducted in order to ensure that the Personal Information that is processed by RSAWEB is
safeguarded and Processed in accordance with the Conditions for Lawful Processing.
6.10 Objection to the Processing of Personal Information by a Data Subject
Section 11 (3) of POPI and regulation 2 of the POPI Regulations provides that a Data Subject may, at any time object to
the Processing of his/her/its Personal Information in the prescribed form attached to this manual as Appendix 5 subject
to exceptions contained in POPI.
6.11 Request for correction or deletion of Personal Information
Section 24 of POPI and regulation 3 of the POPI Regulations provides that a Data Subject may request for their Personal
Information to be corrected/deleted in the prescribed form attached as Appendix 4 to this Manual.
Internet Service Providers Association (ISPA)
We are formally recognized as compliant by the Internet Service Providers Association.The Internet Service Providers Association (ISPA) is a South African Internet industry body not for gain. ISPA is a voluntary organisation, representing the interests of its members. Visit their website here. (http://ispa.org.za/code-of-conduct/)
1.1. “RSAWEB” means RSAWEB (Pty) Ltd, a private company registered as
such in South Africa;
1.2. “User” means any person who makes use of the RSAWEB Website /
By utilising the RSAWEB website or mobile app, the User agrees and consents
to the transfer of its personal information and to be bound by the provisions of
3. COLLECTION OF PERSONAL INFORMATION
3.1. In order to register for any of the RSAWEB products and/or services,
the User will need to provide personally identifiable information which
will be entered into the RSAWEB database and processed.
3.2. RSAWEB will endeavour to take all reasonable measures to protect the
User’s personal information.
3.3. Should the User provide RSAWEB with personal information by way of
electronic mail correspondence, ticketing system, telephonically, chat
or other direct means, that personal information will be utilised insofar
as it is necessary to address the matters raised by the User in the
correspondence. RSAWEB may refer such personal information to a
third party should it be necessary for such third party to assist with the
query or concern.
RSAWEB undertakes to protect the confidentiality of the personal
information supplied in the course of contracting for the RSAWEB
products and/or services. RSAWEB may however disclose the User’s
personal information to:
3.4.1. its employees;
3.4.2. third party service providers who assist RSAWEB with providing
services and/or products to the User;
3.4.3. law enforcement, government officials, fraud detection
3.4.4. to any person should such disclosure be required in terms of
any applicable law, subpoena, order of court or legal process.
3.5. RSAWEB undertakes not to sell or otherwise dispose of the User’s
3.6. Notwithstanding the above, the User agrees that RSAWEB may utilise
the User’s personal information to inform the User of special offers and
promotional material, provided that the User may opt-out of receiving
such material and information.
3.7. Should the User’s personal information change, the User is to inform
RSAWEB thereof and provide the updated correct information to
RSAWEB. The User agrees that it will not impersonate or misrepresent
any of its personal information.
3.8. The User may request access to any personal information held or stored
4. COLLECTION OF NON-IDENTIFIABLE INFORMATION
4.1. When accessing RSAWEB’s website or mobile a, the User agrees and
accepts that the following non-identifiable information will automatically
be collected and stored for RSAWEB’s benefit:
4.1.1. the internet protocol (IP) address from which the User accesses
RSAWEB’s website or mobile app;
4.1.2. the type of browser and operating system used by the User to
access RSAWEB’s website or mobile app;
4.1.3. the date and time that the RSAWEB website or mobile app is
accessed by the User;
4.1.4. the pages visited by the User.
4.2. It is recorded and agreed by the User and RSAWEB that the above
information referred to in this clause 4 will not identify the User
personally and the User will remain anonymous.
5.1. In order to automatically collect the anonymous information which is
referred to in clause 4 above, the User accepts that RSAWEB utilises
cookies, which is a small file that is placed on the User’s hard drive to
collect information about the use of the site.
5.2. Should the User decide that it does not want information collected using
cookies, it shall be the User’s responsibility to alter the manner in which
the User’s browser identifies and manages cookies. The User accepts
browser, certain services and features on the RSAWEB website/app
may not be available and the User’s use of the website/app may be
5.3. If the User does not disable the cookies function then the User is
deemed to consent to RSAWEB’s use of the User’s personal information
collected from the cookies.
6. THIRD-PARTY SITES
Should RSAWEB’s website/app contain any links to sites that belong to third
parties, RSAWEB will not be responsible whatsoever for any use of the User’s
personal information on such sites.
7. TRANS-BORDER INFORMATION FLOW
RSAWEB makes use of third-party vendors based outside of South Africa, such
vendors will subscribe to similar or better Protection of Information flow than
Insofar as the order, onboarding, delivery and support, RSAWEB will
ensure Third Parties will be addressed and clause 6 above will apply.
Compliance per section 72 will be achieved through the use of the necessary
contractual commitments from the relevant third parties
Examples, some but not all, of third-party international vendors that RSAWEB
utilise are listed below:
• https://www.pandadoc.com/privacy -notice/
8.1. RSAWEB reserves the right, in its sole discretion, to amend this Privacy
Policy which will be displayed on RSAWEB’s website /app.
8.2. It is the User’s responsibility to ensure it is acquainted with the latest
9.1. Whilst RSAWEB will do all things reasonably necessary to protect the
User’s rights, RSAWEB cannot guarantee or accept any liability
whatsoever for the unauthorised or unlawful disclosure of the User’s
personal information, which is in RSAWEB’s possession, made by third
parties who are not subject to RSAWEB’s control.
9.2. The use of RSAWEB’s website/app is entirely at the User’s own risk
and the User assumes full responsibility for any risk or loss resulting
from the use of the website/app.
9.3. RSAWEB does not make any warranties or representations, whether
express or implied, that the information or files on RSAWEB’s
9.4. are free of viruses, spyware, malware, trojans or destructive material
which is able to corrupt, destroy, disrupt or compromise the operation,
stability, security or content of the User’s computer system.
Please don’t pirate any content from our website for financial benefit.
Notice specific to copyrighted material owned my RSAWEB CC hereby gives you permission to retrieve, store, cite or refer to or print material from this website only for educational, non-commercial or personal use.
You are not permitted to reproduce, publish, perform, broadcast, make an adaptation of, sell, let or offer or expose or hire any copy of the materials without the prior written permission of RSAWEB CC
Copyright Notice: © RSAWEB. All rights reserved.
Take Down Notifications
We will be notified if someone reports an illegal website hosted on our systems.
In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) RSAWEB has designated the Internet Service Providers’ Association as an agent to receive notifications of infringements as defined in Section 77 of the Act.
For further details contact the Internet Service Providers’ Association
– Internet Service Providers’ Association (ISPA)
– Address: PO Box 518, Noordwyk, 1687
– Telephone: 010 500 1200
– Fax: 086 606 4066
– Take-down notice email: [email protected]
– Take-down notice information and form: https://ispa.org.za/tdn/
Product Terms & Conditions
One calendar month (1st to the 31st of the month) notice period is needed for the cancellation of your services.
All cancellations have to go to [email protected]
Moving home is treated as a cancellation.
Managing your email boxes with us exclusion of liability.
- In order to keep our mail servers efficient, we need to apply the following restrictions to your mailbox:
- any mail that has not been retrieved downloaded) from our mail server after 40 days, will be deleted.
- no new mail will be delivered to your mailbox if the size of your mailbox exceeds 10 Megabytes of information.
- RSAWEB (pty) Ltd restricts the size of any individual e-mail, sent or received, to 10 Mb per e-mail; and
- if you make use of a mailing list, the number of recipients may not exceed 25.
- RSAWEB (pty) Ltd reserves the right to reclaim your e-mail address during the course of your subscription should RSAWEB, in its sole discretion, deem this necessary.
- RSAWEB (pty) Ltd shall be entitled to take such steps to fight spam / junk-mail / unsolicited mail as RSAWEB (pty) Ltd may deem necessary and/or appropriate from time to time, including (without being limited to) not delivering any mail which RSAWEB (pty) Ltd, in its sole discretion, suspects of being or containing spam / junk-mail / unsolicited mail.
- Upon cancellation of your subscription you will lose and RSAWEB (pty) Ltd will re-claim your username and e-mail address. 90 days after cancellation of your RSAWEB (pty) Ltd subscription, RSAWEB (pty) Ltd may re-issue your username and e-mail address to a new subscriber. Be sure to inform everyone of your cancellation so that they do not inadvertently send e-mail intended for you to the new subscriber.
- You agree that RSAWEB (pty) Ltd shall not be liable in respect of any loss or damage caused by or arising from the implementation by RSAWEB (pty) Ltd of the mailbox rules, as set out above, for any reason whatever. This exclusion of liability of RSAWEB (pty) Ltd for loss or damage will include (but is not necessarily limited to):
Uncapped Broadband Conditions
Special conditions around our FTTH, FTTB and ADSL services.This Acceptable Use Policy (AUP) specifies the actions prohibited to users of the network and systems (“infrastructure”) of RSAWEB, and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception.
INTRODUCTION1. The purpose of this document is to provide an understanding of RSAWEB’s Acceptable Use Policy. This policy serves to define the accepted behaviour of users on RSAWEB’s network, and allows RSAWEB to:
- Maintain the integrity and quality of their services,
- Protect their customers and infrastructure from abuse,
- Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in,
- Co-exist within the global internet community as a responsible service provider.
Examples of use which may result in excessive data transfer include, but are not limited to, the following:
Activity Usage Behaviour How to minimise this type of usage Downloading large files or large quantities of files Downloading files like movies, MP3s, games, and software using software such as Napster, Kazaa, E-donkey, etc Refrain from using automated download programs. You may not install automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of network traffic. Online gaming Online gaming can average data transfer of between 10 – 60 Mb per hour. Limit the usage of data transfer when playing games online. Alternatively use local gaming sites. Mail/News groups/Chat Emails, news groups and chat clients are used to communicate online, however when files with suffix of “avi,” “jpeg,” “mpeg,” “gif,” etc are sent to customers they can contain very large amounts of data. Be careful when subscribing to sites which automatically send information with large attachments be aware of “background download” programs. Fraud Customers who do not protect their equipment using a firewall or proxy server create a possibility for remote access to the PC, which may, by using the use of various programs, determine their username and passwords or the PC can be sued to transfer data via the owner’s account Secure your PC by setting up a firewall or proxy server. Browser use Automated copying of website content can result in high usage levels Manually select the content that needs to be copied.
- The user acknowledges that RSAWEB is unable to exercise control over the data passing over the infrastructure and the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, RSAWEB is not responsible for data transmitted over its infrastructure.
- RSAWEB’s infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
- Users of the RSAWEB network include not only the RSAWEB customers, but in the case of resellers of RSAWEB services, and the customers of the resellers too. Resellers of RSAWEB’s services are responsible for the activities of their customers.
- The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.
- The user is prohibited from obtaining, disseminating or facilitating over RSAWEB’s network any unlawful materials, including but not limited to:
- Copying or dealing in intellectual property without authorization, – Child pornography, and/or – Any unlawful hate-speech materials.
- To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, RSAWEB reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.
- These precautions may include, but are not limited to, the following:
- This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
- Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which RSAWEB may, from time to time, revise at its own discretion and without prior notice to the customer.
- Limiting network throughput;
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to customers who grossly abuse the network through improper or excessive usage.
SYSTEM AND NETWORK SECURITY
- All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through RSAWEB) and includes, but is not limited to, the infrastructure of RSAWEB itself.
- The user may not circumvent user authentication or security of any host, device, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, device, or network (referred to as “denial of service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including phishing.
- Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. RSAWEB will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of RSAWEB. – Unauthorised monitoring of data or traffic on the network or systems without express authorisation of RSAWEB. – Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. – Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
- It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party, and RSAWEB, can often result in disruption of service to other users connected to RSAWEB. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and RSAWEB is entitled to take appropriate steps against the User in contravention of these provisions of the Act.
- Maintaining of mailing lists by users of RSAWEB is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
- Users may not forward or propagate chain letters nor malicious e-mail.
- Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. 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.
- RSAWEB reserves the right to examine users’ mail servers to confirm that their server is not a public relay and the results of such checks can be made available to the user. RSAWEB also reserves the right to examine the mail servers of any users using RSAWEB mail servers for “smarthosting”, content filtering 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 RSAWEB policy of preserving customer privacy.
- Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions, news.announce.newusers, news.answers
- Excessive cross-posting (i.e. posting the same article to a large numbers of newsgroups) is forbidden.
- Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.
- Posting binaries to a non-binary newsgroup is forbidden.
- RSAWEB reserves the right to delete and/or cancel posts which violate the above conditions.
INTERCEPTIONThe User acknowledges that RSAWEB is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.
- Upon receipt of a complaint, or having become aware of an incident, RSAWEB reserves the right to:
- Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP. – In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely. – Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident. – In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means. – Take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code. – Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP. – 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.
- Any one or more of the steps listed above, insofar as they are deemed necessary by RSAWEB in its absolute and sole discretion, may be taken by RSAWEB against the offending party.
LAWS AND LEGISLATION
- RSAWEB’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
- Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- Nothing contained in this policy shall be construed to limit RSAWEB’s rights or remedies in any way with respect to any of the aforementioned activities, and RSAWEB reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:
- Investigating suspected violations of this AUP, – Taking action to recover costs and expenses incurred in identifying and resolving abuse, – Terminating users’ access to and use of the RSAWEB service; – Levying cancellation charges to cover RSAWEB costs in the event of termination of the RSAWEB service.
- In addition, RSAWEB reserves all available rights and remedies with respect to such activities at law or in equity.
- This AUP may be clarified or modified periodically and RSAWEB reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the RSAWEB website (www.rsaweb.co.za).
- This policy forms part of RSAWEB’s standard terms and conditions of service.
Uncapped Hosting Conditions
Special conditions around our uncapped hosting services.
1.1 Traffic to the website is uncapped, subject to the other terms in this agreement.
1.2 Once the allocated disk space of a package has been reached, over usage rates will be in effect.
1.3 In addition to RSAWEB’s Terms and Acceptable Use Policy contained in the General Terms, the following conditions apply:
1.3.1 Shared Webhosting services are intended for the hosting of typical website content, to serve the needs of the normal operation of a personal or small home business website.
1.3.2 The service is not intended to support the sustained demand of medium to large enterprises or non-typical applications better suited to a dedicated/cloud server.
1.3.3 Disk Space is not intended for online file storage or archiving electronic files, documents, log files, backups, other non-web based content or FTP hosts, all of which is prohibited.
1.3.4 All password protected archive (zip and rar) files not acceptable on RSAWEB servers.
1.3.5 All downloadable files or files stored on the Server must be directly related to the general nature of the Website index. All files on a Domain must be part of the active Website and linked to the site.
1.3.6 Shared Webhosting and Database Disk Space are intended to accommodate the files necessary for publishing a website. Storage, exchange and download of additional files within Customer’s webhosting space, in a peer-to-peer arrangement or for any other purpose is not allowed.
Acceptable Usage Policy and Fair Usage Policy
To view or download our Acceptable Usage Policy and Fair Usage Policy, please click here
MTN Fixed LTE Terms & Conditions
RSAWEB MTN FIXED LTE Terms and Conditions
1. General Terms
a. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which RSAWEB Proprietary Limited (referred to as “RSAWEB “) will have towards Customers and other persons.
b. These Terms and Conditions also limit and exclude Customers rights and remedies against RSAWEB and place various risks, liabilities, obligations and legal responsibilities on Customers.
c. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and RSAWEB may also have claims and other rights against Customers.
d. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
a. The RSAWEB MTN FIXED LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
b. RSAWEB MTN FIXED LTE is a fixed broadband service that will be offered as a stand-alone product to RSAWEB customers who reside within MTN Fixed-LTE coverage areas.
c. The RSAWEB MTN FIXED LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
d. RSAWEB MTN FIXED LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
e. RSAWEB MTN FIXED LTE service does not support traditional mobile voice, SMS and USSD services.
f. The RSAWEB MTN FIXED LTE service makes use of a RSAWEB private APN (ws.RSAWEB.fwa) which the Customer may need to manually configure on to the router.
g. RSAWEB can only provide MTN FIXED LTE services in an area where there is MTN SA Fixed LTE coverage.
h. The provision of the RSAWEB MTN FIXED LTE service is subject to the verification of the coverage after the order has been placed with RSAWEB.
i. In addition to these Terms and Conditions, the use of RSAWEB MTN FIXED LTE is subject to the following:
i. RSAWEB General Terms and Conditions;
iii. RSAWEB Acceptable Use Policy and Fair Usage Policy
iv. Terms and Conditions applicable to a specific promotion.
j. The abovementioned terms and conditions, and policies are available and accessible on https://www.rsaweb.co.za/legal/
k. RSAWEB MTN FIXED LTE will available from the 20th March and until RSAWEB in its sole and absolute discretion elects to discontinue the service.
a. The RSAWEB MTN FIXED LTE service is offered as a capped data product, and RSAWEB will not allow any Out-Of-Bundle data usage or charging.
b. The RSAWEB MTN FIXED LTE price plans will receive both Anytime Data and Night Express Data. The Night Express Data is available for use between 00:00 – 05:59 only.
c. The standard inclusive (Anytime and Night Express Data) and Top-Up value is valid for 30-days. MTN FIXED LTE Customers are permitted to carry over unused standard inclusive value and Top-Up value at the end of a billing cycle only once (1 time). This means that unused value will not expire at the end of a billing cycle and will be valid for a further 30-days.
d. The RSAWEB MTN FIXED LTE data with the earliest expiry will deplete first, in the following sequence:
i. Night Express Data (only between 00:00 and 05:59)
ii. Unused Top-up data
iii. Monthly any-time data rolled over from the previous month
iv. Monthly any-time data allocated for that month
e. RSAWEB MTN FIXED LTE inclusive value and Top-Up value can only be transferred between RSAWEB MTN FIXED LTE accounts/users.
i. Customers can initiate a transfer by contacting RSAWEB on 087740000
ii. The transfer request is subject to the verification of the Recipient account details and acceptance of the transfer by the Recipient.
iii. RSAWEB reserves the right to decline a transfer request where either the Donor or Recipient account is suspended.
iv. The transferred value retains its initial validity period and will deplete first once allocated to the Recipient.
v. This will be considered a cession of service and the relevant documentation will apply
4. Ordering Process & Package Activation
a. Customers can place orders for RSAWEB MTN FIXED LTE either online through the RSAWEB website, or through an authorised representative of RSAWEB.
b. All orders, placed online or through an authorised representative, are subject to acceptance by RSAWEB.
c. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order; credit vetting and receipt of payment or a payment authorisation.
d. RSAWEB reserves the right to obtain information regarding the Customer’s credit worthiness from third parties i.e. credit bureaus and authorised agents, after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
e. The order is accepted when the Customer’s RSAWEB MTN FIXED LTE Account is delivered.
f. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a RSAWEB MTN FIXED LTE Account being activated.
g. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
h. RSAWEB will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after RSAWEB has received the RICA documents from the RICA officer.
i. SIM cards will be locked to a RSAWEB / MTN approved range of devices. If other devices are used, those devices will not be recognised by or register on the RSAWEB MTN FIXED LTE network.
j. SIM cards will be locked to the location for which the application was placed and will not register to the RSAWEB MTN FIXED LTE network if used in a different location.
k. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
5. Contract Commencement and Duration
a. The RSAWEB MTN FIXED LTE contract commences on the date of Delivery.
b. The RSAWEB MTN FIXED LTE SIM-only contract will remain in force on a month to month basis until terminated by either party with 1 (one) calendar months’ notice.
c. Customers who sign up for the RSAWEB MTN FIXED LTE service and elect to purchase a router (subject to an additional monthly payment) as a rental router option, would need take note of the router rental cancellation policy.
d. Customers who sign up for RSAWEB MTN FIXED LTE have the right to a cooling off period of five (5) days from the day of service activation.
e. During this period, the Customer may cancel the RSAWEB MTN FIXED LTE contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of SIM, delivery and activation cost.
6. Installation, Equipment and Connectivity
a. The Customer has three options in respect of the router to be used:
i. The Customer may elect to be on a SIM-only plan and use a router of their choice. Only MTN / RSAWEB approved devices may be used to access the RSAWEB MTN FIXED LTE service.
ii. The Customer may choose to be on a SIM-only plan and purchases a router from RSAWEB by paying the full purchase price upfront.
iii. The Customer may elect to purchase a router from RSAWEB, at an additional monthly with a setup fee charged upfront. The router will need to be returned at the end of the service. Failure to comply will result in a charge. The delivery in all three cases will be provided
v. free of charge.
vi. free of charge.
b. In the case of the option 6.a.iii above, ownership of the router will remain with RSAWEB for the duration of the RSAWEB MTN FIXED LTE contract. The service will continue a month-to-month basis after the initial fixed term until such a time the service is terminated by either party.
c. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment.
i. Customers who are on the router ret will be liable to pay the replacement value, at the time of loss or theft, of the equipment.
ii. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately, and to request RSAWEB to suspend such SIM Card.
d. RSAWEB will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its RSAWEB MTN FIXED LTE services.
e. Customers may choose to make use of their own devices from the list of RSAWEB approved devices but may be subject to limited support as a result of limitations in compatibility with RSAWEB systems and the MTN SA mobile network configuration.
f. Where Customers elects to use their own equipment and devices, the Customer must maintain and operate compatible equipment and devices required to access the RSAWEB MTN FIXED LTE services. To that end, RSAWEB makes no warranties, either expressed or implied, regarding such Customer equipment.
g. Equipment supplied by RSAWEB carries a warranty for defects for a period of 12 (twelve) months.
h. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
i. If equipment supplied by RSAWEB becomes defective:
i. the Customer must return the equipment to RSAWEB.
ii. RSAWEB will have the equipment repaired or replaced.
j. RSAWEB reserves the right to replace equipment with refurbished equipment.
k. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
l. RSAWEB will not perform any SIM-swaps
m. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
9. Billing and Payment
a. Subject to the conditions above being met, billing of the RSAWEB MTN FIXED LTE account will be triggered once the SIM card has been delivered.
b. RSAWEB will bill the Customer for monthly subscription charges in advance from the time the service has been delivered.
c. Where an RSAWEB MTN FIXED LTE Account is activated before the start of the next billing cycle, the Customer will be liable for the full monthly subscription for that month and will be allocated the full volume of data.
d. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
e. The Customer must pay amounts due into RSAWEB ’s bank account within 2 (two) business days of the invoice date.
f. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until RSAWEB receives payment into their account.
g. RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transactions.
h. Where 2 consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
i. Top-ups are allocated on a prepaid basis. Payments can be made via EFT or Credit card. Data will only be allocated once a positive balance is visible on the customers’ accounts/subscription.
10. Suspension and Migration Rules
a. RSAWEB reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if RSAWEB has not received payment in full.
b. Where a Customer’s Account has been suspended, he will not have access to the internet unless there is a carry-over of data which has not expired.
c. A suspended RSAWEB MTN FIXED LTE Account may be reactivated subject to payment of the full outstanding amounts due.
d. A Customer may not request for his RSAWEB MTN FIXED LTE Account to be suspended whilst he is in a 24 (twenty-four) month contract as RSAWEB does not allow any kind of payment holiday arrangement.
e. RSAWEB MTN FIXED LTE Customers may migrate to other RSAWEB services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a Fibre network coverage in the applicable area.
f. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped FTTH price plans and RSAWEB MTN FIXED LTE price plans will forfeit all available data for the price plan migrated from.
11. Upgrade and Downgrade Rules
a. RSAWEB MTN FIXED LTE packages will not incur penalties or charges for upgrades or downgrades.
b. The Customer will need to notify RSAWEB in writing of upgrade or downgrade requests by the 16th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
c. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
12. Relocation and Cancellation Rules
a. If a Customer changes their physical location from an area with MTN FIXED LTE coverage to another with MTN FIXED LTE coverage, RSAWEB will require an update of location in the register used for location locking on the network. Customers will be required to notify RSAWEB of the intention to move 30-days before moving, and RSAWEB will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
b. Where a Customer changes location to an area that does not have MTN FIXED LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges as per their relevant package chosen.
c. The Customer may cancel RSAWEB MTN FIXED LTE at any time by giving RSAWEB notice of one calendar month. The notice must be communicated via e-mail to [email protected]
d. RSAWEB reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback-period and the value of any equipment supplied, including lost or damaged equipment (replacement value at the time of cancellation).
13. Transfer and Change of Ownership
The RSAWEB MTN FIXED LTE Price Plan is not transferable
14. Service: Interruptions and Support
a. Due to the nature of the mobile network, RSAWEB makes no guarantees on service quality and availability.
b. RSAWEB will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
c. The Customer is ultimately responsible for his/her use of the RSAWEB MTN FIXED LTE service from the activation of the services. Therefore, RSAWEB, will not be held liable for any loss or damage that results from the use of the services.
d. RSAWEB reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where RSAWEB suspects abuse of its network, RSAWEB MTN FIXED LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
e. The RSAWEB contact centre is available 24/7 on 0874700000
f. Where a callout can be attributed to a fault caused by the Customer, the Customer will be charged a call-out fee.
15. Changes to the Service and, Terms and Conditions
a. RSAWEB reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
b. RSAWEB reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice c. The Customer must visit RSAWEB www.rsaweb.co.za website regularly for notices, updates and/or changes to products and services.
c. As changes will be posted on the RSAWEB website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
16. Limitation of Liability
a. Subject to a fixed limit, RSAWEB only accepts liability for direct loss or damages suffered by the Customer, for which RSAWEB is responsible for in terms of the law, with the exception of loss or damages (direct or indirect) caused by:
i. RSAWEB ’s failure to supply or deliver equipment or services on the required date and/or time.
ii. The suspension, interruption or cancellation of RSAWEB MTN FIXED LTE through no negligent or failure by RSAWEB (and its representatives and agents).
iii. The legal suspension of the Customer’s RSAWEB MTN FIXED LTE.
b. Any acts or omissions by RSAWEB and its representatives or agents, that are beyond its control.
c. The Customer’s use of any equipment supplied to him by RSAWEB.
d. RSAWEB ’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the RSAWEB MTN FIXED LTE contract.
17. Complaints Handling Procedure
a. RSAWEB has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
b. Complaints can be communicated via email and on our social media pages.
c. RSAWEB will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
d. RSAWEB will investigate and provide feedback on the complaint within 14 calendars days.
e. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
i. The Internet Service Provider’s Association (ISPA) on [email protected]; or
ii. the Independent Communications Authority to South Africa (ICASA) on www.icasa.org.za.
Fibre to the Home Terms & Conditions
FIBRE TO THE HOME TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
1.1. The provision of the FTTH Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement.
2.1. The definitions contained in clause 1 of the General Terms and Conditions, and further definitions which may be provided elsewhere in the Agreement, shall bear the same meaning in these FTTH Terms and Conditions.
3. FTTH COVERAGE
3.1. FTTH Line and the Installation Fee
3.1.1. RSAWEB shall within a reasonable period of time of receipt of an order for the provision of FTTH by the Customer, advise the Customer whether an installed fibre line is available for use by the Customer and the anticipated Customer Installation Completion Date (“CICD”).
3.1.2. Notwithstanding any other provision of this Agreement, the Customer shall be entitled to cancel, by way of written notice to RSAWEB, an order for the provision of FTTH prior to the CICD if the time period from the date of order by the Customer to planned CICD exceeds 6 (six) months. Upon such cancellation, RSAWEB shall be entitled to charge the Customer for such costs and expenses as have been incurred by RSAWEB or obligations to which RSAWEB has become necessarily bound arising from the relevant order, from the date of the order concerned up to the date of receipt or deemed receipt of such notice of cancellation, as well as the actual cost of the recovery of any equipment already installed.
3.1.3. There is no Installation Fee payable unless the Customer cancels the Agreement in accordance with clause 3.5 of the Terms and Conditions (i.e. the Customer cancels the Agreement during the Initial Period) in which case the Installation Fee will be dependent on which FNO installed the FTTH line and RSAWEB will advise the Customer accordingly.
3.1.4. RSAWEB is not responsible for the physical fibre infrastructure or its installation. In addition, the method of installation shall remain within the FNO’s discretion. RSAWEB assumes no responsibility for any error or omission by the FNO.
3.1.5. Prior to any installation taking place, RSAWEB will need to verify that the Customer has FTTH coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have FTTH coverage at its selected premises, RSAWEB will not be able to provide the Customer with the Services and Products.
3.1.6. If the Customer has a FTTH line but has signed up with a different ISP, it will remain the Customer’s obligation to cancel with this ISP before RSAWEB will be able to provide the Services and Products.
3.1.7. Should the Customer terminate the Agreement during the Initial Period, then the full Installation Fee will be paid by the Customer to RSAWEB.
3.2. Payment of Monthly Fees
3.2.1. The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.
3.3. Router and the Router Fee
3.3.1. The Customer may utilise the router free of charge for the duration of the Agreement, subject to the terms of this Agreement, and accepts that RSAWEB will remain the owner of the router at all times.
3.3.2. The Customer agrees that, should it cancel the Agreement in accordance with clause 3.5 of the Terms and Conditions or the Customer cancels during the Initial Period, the Customer can either:
22.214.171.124. purchase the router from RSAWEB at the retail value at the time of cancellation; or
126.96.36.199. return the router to RSAWEB in its original condition.
3.3.3. Should the Customer decide to return the router in terms of clause 188.8.131.52 above, it is to do so within 10 (ten) days from the date on when the Customer’s Services and Products were deactivated and the Customer is to provide its name and RSAWEB customer code when returning the router. The Customer will be liable for all courier charges associated with the returning of the router. If the router is not returned within the aforementioned 10 (ten) day period:
184.108.40.206. RSAWEB will not accept the return of the router and the Customer will be charged for the router at the retail value of the router at the time of cancellation; and
220.127.116.11. the router will no longer be insured by RSAWEB and RSAWEB will not accept responsibility for any damage or defaults.
3.3.4. Should the Agreement be terminated after the Initial Period, the router is to be returned to RSAWEB in the same good condition as it was received. The Customer will be liable to reimburse RSAWEB should the router be damaged in any way.
3.3.5. When returning the router to RSAWEB, the Customer is to ensure that the LAN cable, power cable and all other items included in the box containing the router are returned to RSAWEB. Should any items be missing, RSAWEB reserves the right to charge the Customer the cost thereof.
3.3.6. For 200Mbps or faster line speeds, an upgraded router is essential for peak WifFi speed. If the Customer already has an RSAWEB router, the Customer may return the router in good condition and pay the difference in order to receive an upgraded router.
4. MOVING PREMISES
4.1. The Customer agrees that, should it move premises and wish to change the location where the fibre line is installed, the Customer shall apply to RSAWEB in writing for such a change by emailing [email protected]
4.2. Upon receipt of such a request, RSAWEB shall procure that the relevant FNO conduct a feasibility study as to the possibility of accommodating such a request and the costs associated with such a relocation.
4.3. RSAWEB shall, after receiving the relevant information, inform the Customer whether the relocation of the fibre line can be accommodated and, if so, the cost associated therewith.
4.4. Should RSAWEB not be able to relocate the fibre line, unless the Customer is able to successfully cede his / her rights and delegate his / her obligations under this Agreement to the new occupier of the premises at which the fibre line was originally installed, the fibre line will continue to be provided at such location and this Agreement shall not be affected by the Customer’s relocation and the Customer shall remain liable for all charges associated with the fibre line until this Agreement is terminated in accordance with its terms.
4.5. Should RSAWEB be able to relocate the Customer’s fibre line, the Customer shall provide RSAWEB with written confirmation as to whether the Customer accepts the quote for the costs of such relocation, failing which, the quote will lapse and the fibre line concerned will continue to be provided at the location originally installed and on the same terms and conditions.
4.6. Should the Customer accept the quote for the costs of relocation in writing, RSAWEB shall proceed to implement the relocation and will notify the Customer as to the date upon which the fibre line concerned is available for use by the Customer at the new location.
4.7. All of the remaining terms of this Agreement, including but not limited to the Initial Period, in respect of any fibre line which has been moved to a different location in terms of this clause, shall remain unaffected by the change of the location of the fibre line concerned.
5. UPGRADES AND DOWNGRADES
5.1. An application by the Customer to change the bandwidth range or technical characteristics of an existing FTTH line from that which was originally reflected in the Customer’s order, shall be regarded as an application to upgrade (to a higher bandwidth) or downgrade (to a lower bandwidth) and not as an application to terminate the Services and Products.
5.2. A once-off fee for downgrades to lower bandwidth will be charged in addition to the amended subscription fibre line charges.
5.3. In the event that the Customer applies for an upgrade or downgrade, RSAWEB shall effect the necessary changes to the FTTH line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.
6. EQUIPMENT AND SOFTWARE
6.1. Except for Equipment that the Customer has paid for in full, all Equipment installed or provided by RSAWEB, shall remain the property of RSAWEB and the Customer agrees that:
6.1.1. he / she will take reasonable care of such Equipment;
6.1.2. he / she will not sell, lease, mortgage, transfer, assign or encumber such Equipment;
6.1.3. he / she will not relocate such Equipment without RSAWEB’s knowledge and permission;
6.1.4. he / she will inform, if applicable, his / her landlord that such Equipment is owned by RSAWEB and therefore not subject to the landlord’s hypothec;
6.1.5. he / she will return the Equipment to RSAWEB at the termination of this Agreement at the Customer’s expense.
6.2. Should the Equipment be lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned to RSAWEB, the Customer agrees to pay RSAWEB the reasonable value of such Equipment, together with any costs incurred by RSAWEB in seeking possession of such Equipment.
7. DISCOUNTS & PROMOTIONAL OFFERS
7.1 If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; price cuts promotions, early bird special, switch special) received during their initial 12 month period with RSAWEB.
7.2 RSAWEB reserves the right to terminate, extend or amend promotional offers at any time and will provide reasonable notice of such termination as the circumstances require.
7.3 Unless otherwise stated multiple (two or more) promotions can not be used in conjunction with other promotional offers such as; but not limited to; price cuts promotions, early bird special, switch special.
7.4 Unless otherwise stated, promotions are for new orders only, existing customers cannot cancel existing orders and reapply in order to receive the promotional offer.
7.5 RSAWEB will not be held liable for customers failing to correctly input promotional codes during the ordering process, subsequently resulting in the customer not receiving the promotional offer.
7.6 ERRORS & OMISSIONS EXCEPTED (E&OE).
General Terms & Conditions
GENERAL TERMS AND CONDITIONS
These definitions shall apply equally to all documents which form part of the Agreement:
1.1. “Acceptance Date” means the date on which the Customer accepted the Agreement and this may include acceptance in writing, telephonically or electronically, such electronic acceptance includes clicking “I agree” on a web page or on your mobile device;
1.2. “Agreement” means:
1.2.1. these Terms and Conditions;
1.2.2. the FTTH Terms and Conditions;
1.2.3. the AUP;
1.2.4. the FUP;
1.2.5. the Application Form completed by the Customer in order to contract for the Services and Products with RSAWEB; and
1.2.6. any addendum concluded by RSAWEB and the Customer.
1.3. “Application Form” means the documents, including in an electronic form, on which the Customer, amongst other things, applied for the provision of the Services and Products by RSAWEB;
1.4. “AUP” means RSAWEB’s Acceptable Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.5. “Business Days” means any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa;
1.6. “CPA” means the Consumer Protection Act, 68 of 2008;
1.7. “Customer” means the person referred to as such on the Application Form and who utilises or has applied to utilise RSAWEB’s Services and Products and who is bound to the Agreement;
1.8. “Effective Date” means the date on which RSAWEB gives the Customer access to and/or enables the Customer to use the Services and Products;
1.9. “Equipment” means any device, equipment or hardware used to access the Services and Products or used in conjunction with the Services and Products and which shall include the router;
1.10. “FNO” means a fibre network operator who, amongst other things, builds and owns the physical infrastructure that is used to deliver fibre;
1.11. “FTTH” means fibre to the home;
1.12. “FTTH Terms and Conditions” means the terms and conditions which are applicable to the Customer’s use of the FTTH;
1.13. “FUP” means RSAWEB’s Fair Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.14. “Installation Fee” means the fee payable for installing the FTTH line and which fee will differentiate between the specific FNOs;
1.15. “Intellectual Property Rights” means patents, registered designs, trademarks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights;
1.16. “ISP” means Internet Service Provider;
1.17. “Juristic Person” means a company, close corporation, a body corporate, partnership, association or trust;
1.18. “Malicious Code” means anything that contains any computer software routine or code intended to:
1.18.1. allow unauthorised access or use of a computer system by any party;
1.18.2. disable, damage, erase, disrupt or impair the normal operation of a computer system;
1.18.3. and includes any back door, time bomb, trojan horse, worm, drop dead device or computer virus.
1.19. “Parties” means RSAWEB and the Customer collectively and “Party” shall mean either of them as the context may dictate;
1.20. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 70 of 2002;
1.21. “Router Fee” means the fee payable for the FTTH router;
1.22. “RSAWEB” means RSAWEB (Pty) Ltd, a private company registered as such in South Africa;
1.23. “RSAWEB’s System” means equipment operated together as a system by RSAWEB to provide any Services and Products, including, without limitation, servers, peripherals, routers, switches, cables, software, databases, generators;
1.24. “Services and Products” means the provision of internet services, information technology services and any other products or services related thereto, provided by RSAWEB to the Customer and as specifically applied for by the Customer on the Application Form;
1.25. “Service Fee” means the amount payable by the Customer to RSAWEB for the Services and Products;
1.26. “Terms and Conditions” means these General Terms and Conditions as stipulated herein;
1.27. “Uncontrollable Event” means, inter alia, any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder or any other cause beyond the reasonable control of RSAWEB including the termination or suspension of a service or product provided by an FNO and / or a third party supplier, that may result in a delay or a failure to provide any Services and Products;
1.28. “VAT” means value-added tax charged in terms of the VAT Act;
1.29. “VAT Act” means the Value-Added Tax Act, 89 of 1991.
2. CONSUMER PROTECTION ACT, 68 OF 2008
2.1. To the extent that there is any inconsistency between the Agreement and the CPA, the CPA shall take precedence.
3.1. The provisions of the Agreement shall be effective from the Acceptance Date and shall endure indefinitely until it is cancelled in terms of the Agreement. RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
3.2. The Customer is solely responsible for ensuring that their choice of the Services and Products conforms to their requirements or desired outcome. RSAWEB will not be liable should the Customer select the incorrect Services and Products.
3.3. The Parties agree that, in the event that RSAWEB is unable to activate the Services and Products which the Customer has applied for within 30 (thirty) days of the Acceptance Date (or such extended period as RSAWEB may advise) due to an Uncontrollable Event, the Agreement will automatically terminate and neither Party shall have any liability to the other as a result of the termination.
3.4. Should the Agreement be for a fixed term (such fixed-term having been selected by the Customer as a contract option, namely, either 1 (one) month, 12 (twelve) months or 24 (twenty-four) months from the Effective Date (either of these periods hereinafter referred to as “the Initial Period”):
3.4.1. and should the Customer be a natural person,
18.104.22.168. the Customer may:
22.214.171.124.1. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s (from 1st of the month to the last day of the month) notice by logging a support ticket by emailing [email protected]; or
126.96.36.199.2. on at least 20 (twenty) Business Days written notice to RSAWEB at any time prior to the expiry of the Initial Period by emailing [email protected];
188.8.131.52.3. alternatively, should the Agreement not be cancelled as per clauses 184.108.40.206.1 or 220.127.116.11.2 above, it will automatically continue on a monthly basis and will be terminable by either RSAWEB or the Customer on a calendar month’s (from 1st of the month to the last day of the month) written notice to the other Party.
18.104.22.168. RSAWEB may:
22.214.171.124.1. should the Customer have materially breached the Agreement, terminate the Agreement if the Customer fails to rectify the breach after 20 (twenty) Business Days’ notice from RSAWEB calling upon the Customer to rectify its breach;
3.4.2. and should the Customer be a Juristic Person, the Customer may:
126.96.36.199. not cancel the Agreement during the Initial Period other than due to a material unremedied breach committed by RSAWEB; or
188.8.131.52. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s notice by logging a support ticket by emailing [email protected];
184.108.40.206. alternatively, at the expiry of the Initial Period, should the Agreement not have been cancelled as per the above, the Agreement will automatically renew and will continue on a monthly basis, terminable by either Party on one month’s notice, on revised terms, including revised pricing, which terms RSAWEB will notify the Customer of prior to the expiry of the Initial Period.
3.5. Should the Customer cancel the Agreement during the Initial Period, the Customer will remain liable for all amounts owing up to the date of cancellation and, in addition to this, RSAWEB will be entitled to impose a reasonable cancellation penalty and the Customer shall be liable to reimburse RSAWEB for the following: the Router Fee (where applicable), the Installation Fee (provided there was not already a fibre line when the Customer applied to RSAWEB for the Services and Products) and the courier charges, insofar as they are applicable, in accordance with the FTTH Terms and Conditions.
3.6. Upon termination of the Agreement, RSAWEB or its partners shall be entitled to retrieve all or any Equipment installed by the partner or RSAWEB at the Customer’s premises.
3.7. Save as specifically provided for above, this Agreement may be terminable by either Party on 1 (one) calendar month’s written notice unless the Customer has materially breached the Agreement, in which case, RSAWEB will provide the Customer with reasonable notice to rectify the breach, this reasonable notice being 5 (five) Business Days unless the Customer can prove that this is unreasonable and, should the Customer fail to rectify the breach within such reasonable period, RSAWEB may terminate the Agreement.
3.8. Notwithstanding termination of this Agreement, should the Customer continue to utilise the Services and Products of RSAWEB, the Customer will remain liable for all amounts which would have been due to RSAWEB and the Agreement shall be deemed to continue to apply until all amounts due to RSAWEB are paid.
4. SERVICE FEE, PAYMENT AND THE CONSEQUENCES OF BREACH OF PAYMENT TERMS
4.1. Billing will commence on the Effective Date. Notwithstanding the aforesaid, RSAWEB reserves the right to bill the Customer for any non-recurring charges prior to the Effective Date. RSAWEB reserves the right to prohibit the Customer’s access and use of the Services and Products until such time as these non-recurring charges have been settled in full.
4.2. All fees and other amounts payable are quoted exclusive of VAT unless specified otherwise by RSAWEB.
4.3. The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.
4.4. The Customer agrees to pay all amounts free of exchange and without deduction or set-off by way of a direct debit order in favour of RSAWEB, drawn against an existing bank account nominated by the Customer, or in such other manner as agreed by RSAWEB from time to time.
4.5. If the Customer’s debit order bounces for any reason, RSAWEB reserves the right to resubmit the debit order.
4.6. Should the Customer pay by way of debit order, the Customer agrees that:
4.6.1. RSAWEB will be entitled and authorised to draw all amounts payable in terms of this Agreement from the account specified by the Customer and the Customer will sign all such forms and do all such things as may be necessary to give effect to the debit order;
4.6.2. RSAWEB is entitled to debit the Customer’s bank account on the first debit order run date after the Effective Date, provided that if the Effective Date is after the debit order run date for a particular month, RSAWEB will debit the Customer’s account on the following debit order run date and the Customer’s first bill will therefore include a pro-rata portion for the remaining period of the month in which the Customer had its Effective Date plus the full Service Fee for the succeeding month;
4.6.3. the Customer will not revoke or terminate the debit order instructions until termination of this Agreement and until all amounts due and owing to RSAWEB have been fully paid.
4.7. Should the Customer fail to pay any amount to RSAWEB on the due date for such payment, RSAWEB may, without prejudice to any other rights which it may have:
4.7.1. suspend the Customer’s access and use of the Services and Products, in which case RSAWEB reserves the right to continue charging the Customer the minimum amount required to keep the Customer’s account activated for the suspended period; or
4.7.2. terminate this Agreement.
4.8. RSAWEB will use reasonable endeavours to keep the Customer informed about the possibility of disconnection in the case of non-payment.
4.9. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date for payment. The interest rates will be 2% (two percent) above the prime overdraft rate. The interest will be calculated from the due date for payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
4.10. To the extent that RSAWEB incurs any additional expenditure relating to the tracing and / or collection of unpaid amounts, those costs shall be for the Customer’s account.
4.11. If any changes are proposed to any terms of an agreement between RSAWEB and an FNO and / or any third party supplier, which impacts on the provisions of any Services and Products of this Agreement, or if any changes to this Agreement are necessary because of new and / or amended legislation and / or changes to RSAWEB’s license conditions and / or changes to RSAWEB’s Services and Products and / or fees and charges relating thereto, RSAWEB shall be entitled to amend the terms, fees or charges for the Services and Products at any time on 30 (thirty) days’ notice to the Customer. The Customer agrees however that should the FNO and / or third party supplier not provide RSAWEB with timeous written notice, or should any other circumstances beyond the reasonable control of RSAWEB occur which does not enable RSAWEB to reasonably have the opportunity to give 30 (thirty) days’ notice, then RSAWEB will provide written notice to the Customer within a reasonable period of time after RSAWEB is so notified. The amendment will take effect on the date indicated in the notice.
4.12. The Customer specifically agrees that it will remain liable to pay RSAWEB for his / her use of the Services and Products, notwithstanding the fact that the Customer does not have access to the premises to which the Services and Products are supplied. Should the Services and Products be supplied to the premises as per the Agreement, the Customer will be liable to pay RSAWEB.
5. CREDIT CHECK
5.1. The Customer hereby consents to:
5.1.1. RSAWEB performing a credit search with a registered credit bureau, and providing personal information to the credit bureau in order for this search to be performed, when assessing the Customer’s application for the Services and Products to be provided by RSAWEB and to rely on such information when deciding whether or not to provide the Services and Products to the Customer;
5.1.2. RSAWEB monitoring the Customer’s continued payment behaviour as recorded by a registered credit bureau and to use such information when assessing the continued provision of the Services and Products to the Customer;
5.1.3. RSAWEB recording the Customer’s payment behaviour and, should the Customer continually default in its payments to RSAWEB, to report such behaviour to a registered credit bureau.
6. CUSTOMER’S ACCESS
6.1. Subject to the provisions of this Agreement, RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
6.2. RSAWEB will issue the Customer with a username and password to allow the Customer access to the Services and Products.
6.3. The Customer agrees that:
6.3.1. the Services and Products will be utilised for his / her own personal use only and therefore the Customer may not share the username and password with other third parties thereby granting them access to the Services and Products;
6.3.2. he / she will maintain the confidentiality of the username and password;
6.3.3. he / she will notify RSAWEB should the username or password be compromised;
6.3.4. he / she is solely responsible for the payment for the Services and Products;
6.3.5. should any persons utilise the Services and Products with the Customer’s authorisation, the Customer is to ensure that such persons comply with the provisions of this Agreement and, in this regard, the Customer agrees that all acts or omissions of persons who utilise the Services and Products under the Customer’s account or with the Customer’s authorisation will be treated, for all purposes, as the Customer’s acts or omissions;
6.3.6. he / she has read and understood RSAWEB’s AUP and FUP and agrees to be bound thereby.
7. THE DELIVERY AND AVAILABILITY OF THE SERVICES AND PRODUCTS
7.1. The Customer agrees that the Services and Products are provided by RSAWEB as a “best effort” service with no service levels of any nature being offered.
7.2. The Services and Products are provided “as is” or “as available”. RSAWEB does not make any express or implied representations, warranties or guarantees with regard to:
7.2.1. the quality or security of the Services and Products;
7.2.2. the availability of the Services and Products;
7.2.3. the Services and Products being free of errors or interruptions and fit for any purpose;
7.2.4. the Services and Products being secure and reliable.
7.3. RSAWEB will use its best endeavours to notify the Customer in advance of any maintenance or repairs which may result in the unavailability of the Services and Products but cannot guarantee that it will be able to provide such notification timeously or at all.
7.4. Should the Customer experience any faults in the Services and Products, the Customer is to report such fault by logging a support ticket by emailing [email protected]
7.5. Due to the nature of certain Services and Products, RSAWEB cannot guarantee the speed of the Services and Products and best effort will be made by RSAWEB to troubleshoot the Customer’s Services and Products.
8.1. RSAWEB will not be liable for any direct or indirect loss or damage of any kind which the Customer may suffer as a result of the loss of the Customer’s data, or any part thereof, for any reason whatsoever.
9. PROTECTION OF RSAWEB’S SYSTEM
9.1. The Customer agrees that it will not do anything which will compromise the security of RSAWEB’s System or any other network connected to RSAWEB’s System.
9.2. The Customer agrees that it will not do anything which may prejudice RSAWEB’s System and will take all reasonable measures to ensure that:
9.2.1. no unlawful access is gained to RSAWEB’s System;
9.2.2. no Malicious Code is introduced into RSAWEB’s System;
9.2.3. the Customer’s information and data is adequately protected.
9.3. If RSAWEB is of the view that a security violation has occurred or is imminent, RSAWEB may take whatever steps it considers necessary to maintain the proper functioning of the RSAWEB System, including, without limitation:
9.3.1. changing the Customer’s access codes and password; and
9.3.2. preventing the Customer’s access to RSAWEB’s System.
9.4. The Customer agrees that it will provide its full cooperation to RSAWEB in any investigation that may be carried out by RSAWEB regarding a security violation.
10.1. RSAWEB shall not be liable to the Customer for any losses, liabilities, damages, claims, costs or expenses which the Customer may suffer as a result of RSAWEB performing any activity which RSAWEB is obliged to perform in terms of RICA.
11. INTELLECTUAL PROPERTY
11.1. The Customer agrees to comply with all laws applicable to any Intellectual Property Rights in respect of any data accessed, retrieved or stored by the Customer through the use of the Services and Products.
11.2. RSAWEB will wholly and exclusively retain ownership of all existing Intellectual Property Rights and shall become the exclusive and unencumbered owner of all Intellectual Property Rights associated with RSAWEB’s System and the Services and Products.
12.1. Subject to any other provision contained in the Agreement including clause 3 above, and without prejudice to any other rights which RSAWEB may have, should the Customer breach any provision of the Agreement and fail to rectify the breach within 5 (five) Business Days’ notice thereof (such notice period being dependent on the nature of the breach in question), RSAWEB shall be entitled to:
12.1.1. suspend the Customer’s access to the Services and Products;
12.1.2. cancel the Agreement and thereby terminate the Customer’s access to the Services and Products;
12.1.3. claim immediate performance by Customer of his / her obligations.
12.2. Should RSAWEB suspend or terminate the Services and Products, and the Customer thereafter rectifies its breach, RSAWEB will be entitled to charge the Customer for reconnecting the Services and Products and for any administrative fees associated therewith. The reconnection fee and administrative fee will be payable by the Customer prior to the Services and Products being reactivated. The Customer agrees that it will take up to 3 (three) Business Days for the Services and Products to be reconnected by RSAWEB.
13. JURISDICTION AND GOVERNING LAW
13.1. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the Customer and RSAWEB consent to the Courts of the Republic of South Africa to adjudicate any dispute which may arise between them.
14. LIMITATION OF LIABILITY AND INDEMNITY
14.1. RSAWEB will not be liable to the Customer or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and howsoever arising when utilising the Services and Products.
14.2. This clause shall apply to the benefit of RSAWEB, including RSAWEB’s directors, officers, employees, contractors, agents and other representatives.
14.3. RSAWEB does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any of the Services and Products.
14.4. Without limiting the aforegoing, RSAWEB shall not be liable for and the Customer will have no claim of whatsoever nature against RSAWEB because of:
14.4.1. the loss of or access to any usernames and passwords which the Customer is required to safeguard and not allow unauthorised access, on the understanding that RSAWEB will be entitled to assume that the Customer is the person so using or gaining access to any service or account where the Customer’s username or password is used;
14.4.2. any unauthorised access to the Customer’s Services and Products;
14.4.3. any unavailability of, or interruption in the Services and Products due to an Uncontrollable Event;
14.4.4. any damage, loss, cost or claim which the Customer may suffer or incur due to a suspension or termination of the Services and Products.
14.5. If the CPA is applicable to this Agreement, and any provision of this clause is found by a Court or tribunal with competent jurisdiction over RSAWEB to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
14.6. To the extent that a competent Court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that RSAWEB is liable to the Customer, the Customer agrees that RSAWEB’s liability to the Customer for any damages howsoever arising shall be limited to the amounts paid by the Customer under this Agreement in consideration for the Services and Products during the immediately preceding 12 (twelve) month period.
14.7. The Customer hereby unconditionally and irrevocably indemnifies RSAWEB against any and all loss, damage, claims, liability and / or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by RSAWEB because of any claim instituted against RSAWEB by a third party due to the Customer’s use of the Services and Products other than as is allowed in the Agreement or for any other cause whatsoever relating to the Agreement where the Customer has acted wrongfully or negligently.
15. CESSION AND DELEGATION
15.1. The Customer shall not be entitled to:
15.1.1. cede its rights;
15.1.2. delegate its obligations;
15.1.3. assign its rights and obligations, under this Agreement without the prior written consent of RSAWEB.
15.2. RSAWEB shall be entitled to:
15.2.1. cede its rights;
15.2.2. delegate its obligations;
15.2.3. assign its rights and obligations, under this Agreement without the prior written consent of the Customer.
16. AGREEMENT SUBJECT TO CHANGE
16.1. Subject to the provisions of this Agreement, RSAWEB may amend the Agreement, including its charges from time to time, on written notice to the Customer, which written notice may be sent by email to the Customer and / or which notice may be effected by publishing any new version of the Agreement on RSAWEB’s website together with the date on which it will become effective, which will, if reasonably possible, be at least 30 (thirty) days after the date on which it was first published. It will be the Customer’s duty to visit RSAWEB’s website on a regular basis to determine whether any amendments have been made.
16.2. If the Customer does not agree to the amendments, the Customer may cancel the Agreement subject to the cancellation provisions of this Agreement, provided that cancellation must be given to RSAWEB within 30 (thirty) calendar days of the date of notification of any amendments.
17. NOTICES AND DOMICILIA
17.1. For the purpose of giving of notice and the serving of legal process in terms of this Agreement, the Customer and RSAWEB choose a domicilium citandi et executandi (“domicilium”) as follows:
17.1.1. THE CUSTOMER:
220.127.116.11. Address: AS SET OUT IN THE APPLICATION FROM
18.104.22.168. Email: AS SET OUT IN THE APPLICATION FORM
22.214.171.124. Address: ____________
126.96.36.199. Email: ____________
17.2. The Customer or RSAWEB may at any time change, by notice in writing, its domicilium to any other address in the Republic of South Africa which is not a post office box or post restante.
17.3. Any notice given in connection with this Agreement shall, save where a particular form of notice is stipulated, be sent by email to the domicilium chosen.
17.4. A notice given as set out above shall be deemed to have been duly given, if sent by email, on the expiration of 24 (twenty-four) hours after the time of transmission.
18. ENTIRE AGREEMENT
18.1. Subject to RSAWEB’s right to amend the Agreement, the Customer and RSAWEB agree that the Agreement constitutes the whole agreement between them and RSAWEB will not be bound by any undertaking, representations, warranties, promises or the like not recorded herein.
18.2. In the event that any terms of the Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
18.3. If a provision of the Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision should be interpreted, insofar as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
19. CUSTOMER’S INFORMATION
19.1. The Customer warrants that, as at the date of signature of the Application Form, all the details furnished by the Customer to RSAWEB are true and correct and the Customer will notify RSAWEB in the event of any change to such details. The Customer accepts that it will be his / her sole responsibility to ensure the provision of accurate and complete information.
19.2. The Customer warrants that he / she is legally capable of entering into a binding contract.
19.3. The Customer consents to RSAWEB processing the Customer’s personal information in order for RSAWEB to provide the Services and Products to the Customer.
20. NO INDULGENCES
20.1. No indulgence, leniency or extension of time which RSAWEB may grant or show to the Customer shall in any way prejudice RSAWEB or preclude RSAWEB from exercising any of its rights in the future.
21. FTTH TERMS AND CONDITIONS
21.1. In the event of a discrepancy between these Terms and Conditions and the FTTH Terms and Conditions, the FTTH Terms and Conditions shall take precedence.
Current Promotions Terms & Conditions
Metrofibre Free-mini UPS in selected Areas
Metrofibre Free-mini UPS in selected Areas
Until 31 October 2021, customers will receive a free mini uninterrupted power supply device (mini-UPS) when ordering any fibre to the home service with RSAWEB on the Metrofibre Network. Offer applies to orders placed in selected live and pre-order fibre area in the following regions: Die Moot & Pretoria North, Uitenhage & Despatch, Emahlaleni, Klerksdorp, Pietermaritzburg, Durban. The mini-UPS cost will be zero-rated on the invoice, if the fibre service with RSAWEB is downgraded or cancelled within 12 months of service going live, the customer will be liable to pay back the value of the mini-UPS (added to the final invoice upon cancellation). RSAWEB reserves the right to terminate, extend or amend this offer at any time and will provide reasonable notice of such termination as the circumstances require. This promotion can be used in conjunction with other promotional offers such as but not limited to; switch special, MDU promotions, etc. Orders placed in any MFN area outside of the defined list are excluded from this promotion. ALL ORDERS ARE FOR NEW ORDERS ONLY; EXISTING CUSTOMERS CANNOT CANCEL AND REAPPLY FOR THE PROMOTION. While stocks last. ERRORS & OMISSIONS EXCEPTED (E&OE).
Die Moot & Pretoria North Uitenhage & Despatch Emalahleni Klerksdorp Durban Pietermaritzburg Capital Park Azalea Park Free Standing Homes only. Adamayview Ballito Blackridge Daspoort Bothasrus Doringkruin Desainager Boughton Eloffsdal Campher Park Flamwood Genazzano Chasedene Gezina Despatch Central Irenepark Glen Hills Clarendon Lady Selborne Heuwelkruin Wilkoppies La Mercy Fillan Park Mayville Manor Heights La Hoff Prestondale Greendale Park Mountin View Retief Wilkeville Salt Rock Hiltara Park Parktown Estate Windsor Park Meiringspark Tongaat Beach Hilton Gardens Pretoria Gardens Richmond Hill Elandsheuwel Umdloti Beach Howick Rietfontein Cannon Hill Umhlanga Howick West Suiderberg College Hill Umhlanga Rocks Leonard Wonderboom South De Mist Westbrook Beach Lester Park Amandasig Dr Brown Merrivale Chantelle Eric Dodd Mount Michael Clarina Fairbridge Heights Mountain Homes Dorandia Janssendal Mountain Rise Eldorette Levyvale Northern Park Florauna Mosel Prestbury Heatherdale Penford Signal Hill Hesteapark Scheepershoogte The Grange Karenpark Strelitzia Park Town Hill Ninapark Valleisig Woodlands Pretoria North Van Riebeeck Hoogte Winterskloof The Orchards Vanes Estate Theresapark Winterhoek Tileba Winternest Wolmer
FOMO Promotion A
The discounted monthly service fees are only valid on signups between 18 August 2021 until 30 November 2021. Once your fibre service is activated you will pay the discounted monthly service fee until 31 January 2022. From 1 February 2022 you will be debited for the regular monthly service fee, as indicated below:
- 35/25Mbps will revert from R395 to R645 per month
- 50/50Mbps will revert from R645 to R755 per month
- 100/100Mbps will revert from R695 to R955 per month
- 200/200Mbps will revert from R795 to R1125 per month
- 1000/100Mbps will revert from R995 to R1375 per month
These discounted monthly service fees are only valid for new orders placed before 30 November 2021 with RSAWEB on the Octotel Network in specific areas of Parklands, Diep River & Retreat, Meadowridge & Bergvliet, Tokai, Lakeside, Gordons Bay, Strand & Somerset (view Map below) until 31 January 2022. All customers signing up in these areas on the Octotel Network will also receive a free mini-UPS valued at R1800, on all packages from 35/25 Mbps to 1000/100Mbps. Existing RSAWEB customers on the Octotel network in these areas cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. If new customers switch to RSAWEB on the Octotel network from their existing ISP and fibre provider, they can be credited with up to R1500. If existing RSAWEB customer switches to the Octotel Network from their existing fibre provider, they can be credited with up to R1000. To redeem the switch credit, customers must use the FOMO-SWITCH promo code during the order process online and need to supply the latest fibre invoice for the same address and in the same name as the order being placed with RSAWEB. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; early bird special, free gifts, and/or switch special) received during their initial 12 month period with RSAWEB. Errors & omissions excepted (E&OE).
FOMO Promotion B
The discounted monthly service fees are only valid on signups between 18 August 2021 until 30 November 2021. Once your fibre service is activated you will pay the discounted monthly service fee until 31 January 2022. From 1 February 2022 you will be debited for the regular monthly service fee, as indicated below:
- 35/25Mbps will revert from R395 to R645 per month
- 50/50Mbps will revert from R645 to R755 per month
- 100/100Mbps will revert from R745 to R955 per month
- 200/200Mbps will revert from R945 to R1125 per month
- 1000/100Mbps will revert from R995 to R1375 per month
These discounted monthly service fees are only valid for new orders placed before 30 November 2021 with RSAWEB on the Octotel Network in specific areas of Wynberg & Cape Gate (map visible at www.rsaweb.co.za) until 31 January 2022. All customers signing up in these areas on the Octotel Network will also receive a free mini-UPS valued at R1800, on all packages from 35/25 Mbps to 1000/100Mbps. Existing RSAWEB customers on the Octotel network in these areas cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. If new customers switch to RSAWEB on the Octotel network from their existing ISP and fibre provider, they can be credited with up to R1500. If existing RSAWEB customer switches to the Octotel Network from their existing fibre provider, they can be credited with up to R1000. To redeem the switch credit, customers must use the FOMO-SWITCH promo code during the order process online and need to supply the latest fibre invoice for the same address and in the same name as the order being placed with RSAWEB. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; early bird special, free gifts, and/or switch special) received during their initial 12 month period with RSAWEB. Errors & omissions excepted (E&OE).
Superiate Upliftment Program Terms and Conditions
Terms and Conditions
1.1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2. Participants are encouraged to review the Rules before entering into the Competition and acknowledge that they been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3. This competition is operated by RSAWEB (Proprietary) Limited (the “Promoters”).
1.4. Participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules.
- By participating in this competition, entrants agree to these rules.
2.1. The competition is operated by RSAWEB (Proprietary) Limited (“RSAWEB”) ,who reserves the right in its sole discretion and to the extent permitted by law, to amend these rules at any time.
2.2. Participation in the competition constitutes acceptance of these rules and entrants agree to abide by these rules
2.3. These rules shall be governed by and interpreted according to the laws of the Republic of South Africa.
2.4. The competition is limited to residents of South Africa. In addition, the following people shall not be eligible to participate in this competition:
2.4.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of RSAWEB, Superiate and the organizers of the competition.
2.4.2. People who are not legal residents and/or legal citizen of the Republic of South Africa
2.4.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.4.4. Persons under the age of 18 years.
2.5. The competition ends on 30 November 2021.
3.1. Entrants may enter the competition to win these prizes by signing up to the Superiate Upliftment Programme and showing interest in RSAWEB on the Superiate website (www.superiate.com).
- The Prizes
4.1. There are a total 116 prizes to be won during the promotional period:
4.1.1.one Xbox+Xbox Live.
4.1.2 ten Notebooks .
4.1.3 20 tablets.
4.1.4 20 Google Chromecasts.
4.1.5 30 Spotify 1 month voucher.
4.1.6 30 Netflix 1 month Premium voucher.
4.2. The prizes will be awarded after the promotion period ends on 30 November 2021
4.3. Prize Winner Allocation:
4.3.1 During the competition dates, a portion of the Netflix and Spotify vouchers will be used as prizes on the Superiate social media pages. These winners will be picked at random by Superiate using an electronic system on 3 December 2021. Winners will be notified by Superiate via email or telephone in order to confirm the delivery address. If Superiate is unable to get in contact with winners within 1 week, new winners will be picked at random. Superiate will deliver these prizes to the winners on or before 31 December 2021.
4.3.2 For all the other prizes, winners will be picked at random using an electronic system on 3 December 2021. Winners will be notified via email or telephone in order to confirm the delivery address. If we are unable to get in contact with winners by 14 January 2021, a new winner will be picked at random on 17 January 2021. Prizes will be delivered to all the winners via courier by RSAWEB on or before 25 January 2021.
4.3.3 The top 5 schools with the most sign-ups to the Superiate Upliftment Program on the Superiate website, will each win a Notebook. The total score will be based on the number of sign-ups at a particular school as a percentage of the total number of learners at the same school. This part of the competition will end on 30 November 2021. Winning schools will be notified via email or telephone in order to confirm the delivery details by 14 January 2021. Prizes will be delivered to all the winners via courier by RSAWEB on or before 25 January 2021.
To participate in this competition entrants must adhere to the following:
- PrizeWinner Allocation
5.1. The promoter or their agents will endeavour to contact the prize winners on the cellular number or email address used to enter the competition when placing their online registration on the Superiate website and/or when placing their online order for FTTH or Fixed LTE services on the RSAWEB website. If, however, they cannot be reached after three attempts made within three working days of the promoter trying to contact them, the prize will be forfeited, and another winner will be selected in accordance with the competition rules via a random draw. Winners must provide a valid delivery address, failure to provide an accurate delivery address which results in the prize being delivered to an incorrect location is not for the promoter to resolve and will not be considered as grounds for dispute.
5.2. Potential winners must produce a valid service invoice and/or contract in order to be confirmed as a winner. Being contacted by the organiser is not confirmation that the consumer has won. Failure to produce a valid service invoice and/or contract will result in the consumer forfeiting the prize.
5.3. At the time that a potential prize winner is identified and contacted he/she may be requested to submit certain documents i.e. a copy of his/her ID document and their valid service invoice and/or contract detailing the purchase of the service where the purchase date is on or before the date of the entry.
5.4. Consumers may not enter the promotion on behalf of other individuals. The individual deemed as the entrant and potential winner is the contracted customer for the service ordered to enter the promotion.
5.5. Consumers who are under the age of 18 at the time of entry are not eligible to win any of the available prizes.
6.1. Should a consumer already have placed an order for FTTH or Fixed LTE service prior to the RSAWEB/Superiate Upliftment Program promotional period, they will not allowed to cancel their existing order and place a new order in order to enter the competition.
6.2. The results of the draws are final, and no correspondence will be entered into.
6.3. RSAWEB may require the winner to complete and submit an information disclosure agreement to enable RSAWEB to ensure compliance with these rules. Should the winner be found to have not complied with these rules, he/she will automatically be disqualified, and the prize will be forfeited. Winners may also be required to sign acceptance of prizes and indemnity documents
6.4. Winners may be requested to provide proof of repeat orders if their entry volumes are seen to be excessive in amount, throughout the promotional period, as per the promoter’s discretion, as it is assumed that each entry is associated with a new service order.
6.5. The prize is not transferable, and no substitution or cash redemption of prizes is permitted, the prize will not be handed/awarded to a third party, but only to the verified prize winner.
6.6. The winner will accept the prize as is, at their own risk.
6.7. RSAWEB reserves the right, at its sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
6.8. The winner or participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Winners or participants shall at all times be entitled to decline the above request. Winners or participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the promoter.
6.10. The promoter and its agencies have the right to reject any participant suspected of fraudulent behaviours.
6.11. All participants and winners indemnify the promoter, its associated companies (directors, officers and employees) and agents, against any/all claims for any accident, injury, harm, death, damages, costs and/or loss, whether direct, indirect, consequential or otherwise, arising from any Cause whatsoever connected to or arising from their participation in any way in this competition and the redemption of any prizes.
6.12. The promoter and its agencies reserve the right to correct any errors or omissions. These terms and conditions may be updated at any time as per the promoters discretion and will supersede any errors or omissions on any publicly communicated documentation or marketing material.
6.13. The organizers of the competition reserve the right to cancel or postpone the competition at any time.
6.14. For further information or enquiries please email [email protected] or call us on 087 470 0000.
Limited Price Discount on Monthly Fibre Services on Vumatel network
Limited Price Discount on Monthly Fibre Services on Vumatel network
The discounted monthly service fees are only valid until 31 December 2021. Once your fibre service is activated you will pay the discounted monthly service fee until 31 December 2021. From 1 January 2021 you will be debited for the regular monthly service fee, as indicated below:
– 20/10Mbps will revert from R675 to R725 per month
These discounted monthly service fees are only valid for new orders placed with RSAWEB from 1 July 2021. Existing RSAWEB customers cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; early bird special, free gifts, and/or switch special) received during their initial 12 month period with RSAWEB. This promotion cannot be used in conjunction with other promotional offers such as; but not limited to; Free-mini UPS special. Errors & omissions excepted (E&OE).
Century City Connect - Double the Speed For Free
CCC – Double the Speed For Free
Order 10 – 50 Mbps Century City Connect Fibre packages and get double the speed for free. 100Mbps packages do not qualify for this promotion. All services ordered between 1 July 2021 will be doubled until 31 October 2021, speed will return to regular speeds from 1 November 2021.
Evotel - Double the Speed in Welkom
Evotel – Double the Speed in Welkom
Welkom, get double the speed on selected packages in selected areas of Welkom. Offer valid on all Evotel 5Mbps – 100Mbps packages. 200Mbps and 1000Mbps packages do not qualify for this promotion. All services will be doubled until 31 October 2021. Offer only valid on specific Evotel Packages in the following fibre live and coming soon Welkom areas: Bedelia, Jan Cilliers Park, St Helena, Doorn, Naudeville, Dagbreek, Lakeview, Flamingo Park.
Load Shedding Free Mini-UPS Promotion
Load Shedding Free Mini-UPS Promotion
From 1 June 2021, receive a free mini uninterrupted power supply device (mini-UPS) when ordering a 50Mbps – 1Gbps fibre to the home service with RSAWEB. Offer applies to orders placed in live and pre-order fibre areas on all Fibre Network Operators, except for Openserve 50Mbps – 200Mbps & Vuma 50Mbps – 1000/200Mbps. The mini-UPS cost will be zero-rated on the invoice, if the fibre service with RSAWEB is cancelled within 12 months of service going live, the customer will be liable to pay back the value of the mini-UPS (added to the final invoice upon cancellation). RSAWEB reserves the right to terminate, extend or amend this offer at any time and will provide reasonable notice of such termination as the circumstances require. This promotion can be used in conjunction with other promotional offers such as; but not limited to; switch special, MDU promotions, etc. The Load Shedding Free mini-UPS promotion does not apply to any fibre packages under 50Mbps (e.g. 10, 25, or 30Mbps), Openserve 50Mbps – 200Mbps & Vuma 50Mbps – 1000/200Mbps are also excluded from this promotion. ALL ORDERS ARE FOR NEW ORDERS ONLY, EXISTING CUSTOMERS CANNOT CANCEL AND REAPPLY FOR THE PROMOTION. While stocks last. ERRORS & OMISSIONS EXCEPTED (E&OE).
Limited Price Discount on Monthly Fibre Services in Sedgefield & Bredasdorp only.
Limited Price Discount on Monthly Fibre Services in Sedgefield & Bredasdorp only.
These discounted monthly service fees are only valid for new orders placed with RSAWEB from 1 July 2021. Existing RSAWEB customers cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; price cuts promotions, early bird special, switch special) received during their initial 12 month period with RSAWEB. This promotion cannot be used in conjunction with other promotional offers such as; but not limited to; price cuts promotions, early bird special, switch special. Errors & omissions excepted (E&OE).
Limited Price Discount on Monthly Fibre Services in Octotel Areas
Limited Price Discount on Monthly Fibre Services in Octotel Areas
The discounted monthly service fees are only valid until 31 December 2021. Once your fibre service is activated you will pay the discounted monthly service fee until 31 December 2021.
From 1 January 2021 you will be debited for the regular monthly service fee, as indicated below:
– 35/25Mbps will revert from R495 to R645 per month
These discounted monthly service fees are only valid for new orders placed with RSAWEB from 1 July 2021. Existing RSAWEB customers cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; early bird special, free gifts, and/or switch special) received during their initial 12 month period with RSAWEB. This promotion cannot be used in conjunction with other promotional offers such as; but not limited to; early bird special and switch special. Errors & omissions excepted (E&OE).