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Terms
Introduction
Ultra-ISP hereby sells the service to you the user on the terms and
conditions herein contained which you the user is deemed to have familiarized
yourself with and have irrevocably accepted. The access to its network on a
subscription basis which facilitates the use of the World Wide Web, e-mail, and
FTP access via a connection agreed to by both parties for Ultra-ISP members
only.
When you subscribe for the service, Ultra-ISP will issue a user name and
password to you. To access the service and/or by using the service, you will be
signifying your acceptance of these terms and conditions of use, which will form
a binding agreement between you and Ultra-ISP.
Interpretation
In these terms and conditions:
a. "the user/the client" means the party who has purchased the service
and/or any person using the service;
b. "the service" means the Internet service described herein provided by
Ultra-ISP to the user in terms of the terms and conditions herein contained;
c. "Ultra-ISP" means the company Ultra IT Solutions CC.
Maintenance And Repair
Ultra-ISP may temporarily suspend its obligations in terms of this agreement
in order to service, repair, maintain, upgrade, modify, alter, replace or
improve any of its services. Where the circumstances permit, Ultra-ISP shall use
its best endeavors to provide prior notice of any such suspension to the
client. The client shall not be entitled to any setoff, discount, refund or
other credit in respect of any such suspension of service nor in respect of any
suspension, which is beyond Ultra-ISP's control.
Payment
ALL PRICES ARE VAT inclusive
A minimum FEE of R50-00 will be added to each debit order returned.
Ultra-ISP shall bill the client in advance for the upcoming month.
Ultra-ISP will only issue invoices on request by the client. All invoices
will be distributed by means of e-Mail.
The user pays to Ultra-ISP such charges as levied by Ultra-ISP from time to
time as follows:
- Should you fail to pay any amount on the due date for payment, then, without
prejudice to any other rights Ultra-ISP may have:
- Such amount shall bear interest at the rate of 2% above the prime overdraft
rate of Ultra-ISP's bankers from time to time, calculated from the due date
until the date of payment (both dates inclusive) and will be capitalized
monthly;
- Ultra-ISP shall be entitled to take all such further steps as may be
necessary to recover the outstanding amounts from the client, in which event the
client agree to pay all costs associated with such recovery on an attorney and
own client basis.
Monthly Subscriptions
The charge for a subscription to the Service on a monthly basis is a monthly
fee, payable monthly in advance by the user to Ultra-ISP.
The client will be billed for the full month, even if the service requested
starts on the last day of the month.
Payment is rendered without deduction, free of exchange or set-off by way of
debit order, or in such manner as determined by Ultra-ISP.
It is a condition of activation that details of a valid, current bank
account is provided for debit order purposes. All amounts due to Ultra-ISP will
be recovered from the banking source given.
This amount is non-refundable.
Annual Subscriptions
The charge for a subscription to the Service on an annual basis is payable
in full in advance by the user to Ultra-ISP.
It is a condition of activation that details of a valid, current bank
account is provided for debit order purposes.
All amounts due to Ultra-ISP will be recovered from the banking source
given.
This amount is non-refundable.
Usage fees, if applicable, will be billed in arrears.
Ultra-ISP reserves the right to withhold access for overdue accounts, while
the user shall continue to be liable for the service until the conditions of
notice of termination are fulfilled.
Without prejudice to rights granted to Ultra-ISP in terms hereof, any amount
due by the user to Ultra-ISP not paid on due date thereof: shall bear interest
at a rate equal to the maximum allowable in terms of the Usury Act, 1968,
calculated daily in advance from date payment was due until date of actual
payment thereof; and
Should the client fail to pay any amount owing to Ultra-ISP on due date,
Ultra-ISP shall be entitled, in its discretion and without prejudice to any
other rights which it may have, to cancel this agreement without notice to the
client, or to suspend performance of its obligations pending full payment by the
client.
In the instances where this agreement, in respect of any products applied
for, specifies a minimum period of one year's duration and a client cancels or
purports to cancel this agreement in respect of such products, prior to
expiration of such year, the remainder of all monthly payments payable during
the year shall immediately become due and payable to Ultra-ISP. If no written
cancellation for any subscription is received on the 11th month all
subscriptions will be renewed automatically for a minimum period of one year
thereafter.
Ultra-ISP shall be entitled to take all such steps, without notice to the
user, as may be necessary to recover such outstanding amount. The user shall be
liable to pay all costs incurred in respect of the recovery of such outstanding
amount.
Ultra-ISP reserves the right to levy a charge for handling fees at an amount
determined by Ultra-ISP for monies due in the event of a user's payment being
returned or rejected by the user's bankers.
Ultra-ISP furthermore reserves the right to blacklist with any or all credit
bureau agencies within the Republic of South Africa, any such user who fails to
comply with the payment agreement for subscription to the service.
In addition, Ultra-ISP will not be held responsible or be required to assist
with the removing or rescinding of any such information, which may be recorded
by a credit bureau agency.
Ultra-ISP reserves the right to amend service subscription charges at its
sole discretion. Ultra-ISP shall give the user 30 (thirty) day notice of any
such amendment and the user shall be bound to such adjustments.
The client shall not be entitled to any setoff, discount, refund or other
credit in respect of any suspension or interruption of or delay in service, or
where in any month the client has utilized less than any minimum bandwidth
specified.
The provision and costs of development, including HTML coding, design and
maintenance are not included in the prices set out in this agreement unless
otherwise specified.
Monitoring And Termination Rights
The client acknowledges that Ultra-ISP has no knowledge of, nor interest in,
nor in any way contributes to, nor approves the creation of the client's content
as hosted by Ultra-ISP and published by the client on the client's web site and
that hosting or publication of certain kinds of content may be offensive,
unlawful, in breach of codes of conduct binding on Ultra-ISP, violations of
legislation (including regulations), violations of the common law generally, and
violations of the requirements and rules of any regulatory authority and that
hosting and publication of certain kinds of content may cause harm to the name,
goodwill and reputation of Ultra-ISP, its affiliates, and its business partners.
Accordingly the client agrees, if Ultra-ISP in the exercise of its sole
discretion is of the opinion that the client's content is offensive, unlawful,
or harmful, as set out above, or the client has uploaded and utilized illegal or
harmful software or licenses, that Ultra-ISP without derogating from any of its
other rights in terms of this agreement, may:
(a) request the client forthwith to remove the offensive, unlawful, or
harmful content, as the case may be; or
(b) request the client forthwith to amend or modify the content; or
(c) without notice delete the client's web site from the server; or
(d) without notice terminate access to the client's web site
The client agrees that nothing that Ultra-ISP does in the performance of its
obligations in terms of this agreement or in the carrying on of its business
generally shall be construed as an assumption of responsibility or liability by
Ultra-ISP for the content of the client's web site or the illegal use of
software or licenses and the publication thereof, whether or not Ultra-ISP had
knowledge of such content and the client hereby indemnifies Ultra-ISP and holds
it harmless against any liability and any claims of whatever nature made by any
person for any loss or damage suffered arising directly or indirectly from the
hosting and/or publication of the client's content or software as well as any
other data or software on the client's web site.
Ultra-ISP shall use its best endeavors to notify the client of any action
taken in terms of clause above, but does not warrant that notice shall be given
to the client prior to such action being taken.
Cession, Delegation Or Assignment
The client shall not cede, assign or delegate or in manner whatever transfer
including but not limited to the sub-letting or re-sale of any disk space,
server capacity or web hosting) of any of its rights or obligations under this
agreement without the prior written consent of Ultra-ISP. In the event of any
change in controlling interest in the client, Ultra-ISP shall be entitled to
terminate this agreement on notice to the client. The client shall notify
Ultra-ISP of any change in its controlling interest within fourteen days of such
change.
Ultra-ISP shall be entitled to cede, assign, transfer or delegate all or any
of its rights or obligations under this agreement to an affiliate of Ultra-ISP
or to any third party.
Domicilium
The parties choose domicilium citandi et executandi ("domicilium") for the
purposes of giving any notice, the payment of any sum, the service of any
process and for any other purpose arising from the agreement at the addresses
specified in the application form.
Each of the parties shall be entitled from time to time by written notice to
the other to vary his domicilium to any other address within South Africa, which
is not a post office box or poste restante.
Any notice required or permitted to be given in terms of this agreement
shall be valid and effective only if in writing.
Any notice given and any payment made by one party to the other ("the
addressee") which:
Is delivered by hand during the normal business hours of the addressee at
the addressee's domicilium for the time being shall be presumed, until the
contrary is proved, to have been received by the addressee.
Is transmitted by telefax or e-mail shall be deemed (in the absence of proof
to the contrary) to have been received within 1 (one) hour of transmission where
it is transmitted during normal business hours and within 4 (four) hours of the
commencement of the following business day where it is transmitted outside those
business hours.
Delivery is posted by prepaid registered post from an address within South
Africa to the addressee at the addressee's domicilium for the time being, shall
be presumed, until the contrary is proved, to have been received by the
addressee on the 14th (fourteenth) day after the date of posting;
Breach
If either Ultra-ISP or the client breaches any term of this agreement and
fails to remedy such breach within seven days of written notice requiring it to
do so, then the party not in breach shall be entitled, but not obliged, without
prejudice to any rights or remedies which it may have, to cancel this agreement
or to claim immediate performance and/or payment by the party in breach.
Commencement, Duration And Termination
This agreement shall, save as expressly indicated to the contrary in any
specific product application form or contract, commence upon acceptance of the
application by Ultra-ISP and shall continue indefinitely thereafter, provided
that either party shall be entitled to terminate this agreement (or any specific
product applied for) on one calendar month's written notice to the other to that
effect. Written notice must reach Ultra-ISP by no later that the 1st of the
calendar month.
Disclaimer For Liability
Although Ultra-ISP shall use reasonable endeavors to provide disaster
recovery, Ultra-ISP does not specify any recovery time, nor shall Ultra-ISP be
liable for any loss or damage of whatever nature incurred or suffered by the
client from any cause whatsoever as a result of Ultra-ISP failure to provide, or
delay in providing, or providing only partial, disaster recovery. The client is
accordingly advised to make back-ups of its data. Nothing contained in this
paragraph should be construed as a representation that any back-ups of data
implemented by client will be successful or in any way will avoid disaster.
The client shall have no claim against Ultra-ISP and the client hereby
indemnifies and holds Ultra-ISP free from liability in respect of any loss or
damage:
Caused by or arising from any fact or circumstances beyond the reasonable
control of Ultra-ISP; or
If such loss or damage is consequential or incidental loss or damage; or
Any downtime, outage, interruption in or unavailability of the server or the
Ultra-ISP network as a result of or attributable to any of the following causes:
Software service, repairs, maintenance, upgrades, modification, alterations
or replacement;
System downtime for any reason (including, but not limited to, service,
repairs, routine maintenance, agreed maintenance, environmental maintenance,
upgrades, modifications, alterations, replacement or a relocation of premises);
The damage, contamination or corruption of any kind of the server or any of
the client's data, material, information and/or content howsoever occasioned;
Any inaccuracies in the impression statistics given to the client or in the
page counter on the client's web site;
Any breakdown of whatever nature and howsoever arising in any of the
services provided by Telkom (including, but not limited to, line failure) or in
any international services or remote mail servers;
The non-performance or unavailability, of whatever nature and howsoever
arising, of external communications networks to which the server or the
Ultra-ISP network is connected;
Any infringement of the client's rights of privacy and/or any other like
rights (including those of any other person or entity), by any person whomsoever
arising from the hosting of the client's web site in terms of this agreement;
Any breach of security by any third party or any breach of confidentiality
by a third party or otherwise arising from any access howsoever obtained by a
third party to the client's information, data or content;
The service, repairs, maintenance, upgrades, modification, alterations or
replacement of hardware forming part of the server or any faults or defects of
whatever nature in the hardware;
Any service, repairs, maintenance, upgrades, modification, alterations,
replacement or work of any nature done on the server by any third party;
Ultra-ISP reserves the right to take whatever action it deems necessary at
any time to preserve the security and reliable operation of the Ultra-ISP
network and the client undertakes that it will not do or permit anything to be
done which will compromise the security of the Ultra-ISP network.
Without limiting the foregoing, as a result of any fact, cause or
circumstances whatsoever and howsoever arising if Ultra-ISP has substantially
performed its obligations under this agreement.
General
No extension of time or indulgence which one party (the grantor) may grant
to the other (the grantee) shall constitute a waiver of any of the rights of the
grantor who shall not be precluded from exercising any past or future rights
against the grantee.
This document constitutes the sole record of the agreement between the
parties and no addition, variation or agreed cancellation of this agreement
shall be of any force or effect unless in writing and signed by or on behalf of
the parties;
No party shall be bound by any express or implied term, representation,
warranty or the like which is not recorded in this agreement;
These terms and conditions may change from time to time. The User may view
such terms and conditions at
http://www.Ultra-ISP.net/terms/index.html and unless otherwise notified,
Ultra-ISP shall deem that the User has been acknowledge and agrees thereto
within 14 (fourteen) days of such changes being.
Jurisdiction
The User hereby irrevocably consents to the jurisdiction of the Magistrate's
Court in the terms of Section 28 of the Magistrate's Courts Act of 1994,
provided that Ultra-ISP shall, should it so elect, be entitled to institute
proceedings in the High Court of South Africa.
Dial-Up Access Terms Conditions
In order to ensure the security and reliable operation of the system to all
subscribers, Ultra-ISP hereby reserves the right to take whatever action
Ultra-ISP finds necessary to preserve the security and reliability of the
system.
Ultra-ISP, with effect from the effective date, hereby grants to the
subscriber the use and enjoyment of its computer network to gain entry to the
Internet (“access”) on the terms and conditions set out herein.
The subscriber hereby acknowledges receipt of such access and agrees:
That the log-in ID and password will be used for his/her personal use only;
Not to give or make available in any way his/her personal log-in ID and
password to any other person for such person's use ("unauthorized use") and
undertakes to maintain the confidentiality of such log-in ID and password;
In the event that any unauthorized use takes place, to pay immediately, on
demand made by Ultra-ISP, all such costs involved in the use of such
subscriber's log-in ID and password.
The subscriber acknowledges that he/she is prohibited from utilizing
Ultra-ISP services to compromise the security or tamper with system resources or
account(s) on computer(s) at Ultra-ISP, or at any other site.
The subscriber agrees to conform to generally acceptable Internet etiquette
("netiquette") and to abide by Ultra-ISP's operating policies, which may be
amended from time to time at Ultra-ISP's sole discretion, (and the subscriber
hereby indemnifies and holds Ultra-ISP free from liability in respect of any
loss or damage of whatever nature caused as a result of any violations of such
policy) which policies include but are not limited to the guidelines set out
below:
- Not to engage in any abuse of E-mail or spamming, and which shall include,
but is not limited to, the posting or cross-posting of unsolicited articles with
the same message (or substantially the same message) to an unacceptably high
number of e-mail and newsgroup recipients that did not request to receive such
messages;
- Not to post or transmit any message, data, image or program which is
defamatory, or violates any other personality rights; which is illegal,
offensive, threatening, abusive, harassing, harmful or hateful or which violates
the intellectual property rights of others;
- Not to interfere with use of the Internet by any other Ultra-ISP subscribers
or other users;
- Not to post or transmit any file which contains viruses or any other
destructive features, regardless of whether or not damage is intended by the
subscriber;
- Not to repeatedly post gratuitous off the topic postings;
- Not to gather e-mail addresses and/or names for commercial, political,
charity or like purposes; and
- Not to violate the privacy of any person, which shall include but shall not
be limited to, hacking.
In the event that the subscriber should engage in any one or more of the
above practices, which shall be determined in Ultra-ISP's sole discretion and
which decision shall be final, then Ultra-ISP shall be entitled to:
- Terminate, without notice, the subscriber's account and/or access to
Ultra-ISP services, including but not limited to web hosting services and
e-commerce;
- Bill the subscriber for any costs incurred by Ultra-ISP, including, but not
limited to, bandwidth, administration costs, downtime, usage of Ultra-ISP's name
or registered domain names, and CPU cycles; and
- Notify all those persons who received the offending spam of the personal and
public information of the subscriber.
Without limiting the above, the subscriber undertakes to abide by all laws
applicable to the intellectual property rights (including but not limited to:
title, copyright, trade marks, and patents) of any and all data and/or
information retrieved from the service including those expressly or implied
specified by Ultra-ISP or by any of the local or foreign service providers or
any laws governing the provision of the service.
Domain Services Terms And Conditions
Ultra-ISP shall in accordance with the client's instructions as set out in
the application form and at such charge specified in the main order form procure
the registration, transfer, modification and / or forwarding of a domain name
for the client.
The client acknowledges that such the registration, transfer, modification
and / or forwarding of a domain name is subject to the rules and regulations of
the authority responsible for registrations and that Ultra-ISP cannot guarantee
the registration of the domain selected by the client.
The client hereby warrants that it is the lawfully entitled owner of the
domain name, or has the consent of the owner to use such domain name and that in
using the domain name it has not violated any intellectual property rights of
whatever nature of any person who may lawfully claim title of whatever nature to
such domain name and hereby indemnifies and holds Ultra-ISP free from any
liability and any claims of whatever nature howsoever arising as a result of the
use of the domain name.
The client agrees to refund to Ultra-ISP the costs levied by registration
authorities in procuring the registration of the domain name.
A fee of R12-00 will be charged should you just Park your domain name
Mail Spooling Terms And Conditions
Ultra-ISP shall provide the client with an SMTP/POP3 mail spooling service
in accordance with the client's choices as set out in this application form and
at such charges as specified in the main order form.
The charge for SMTP/POP3 mail spooling service does not include SMTP server
set up costs.
Ultra-ISP assumes no responsibility for the failure of any mail delivery or
the loss of any mail.
The client undertakes to take all reasonable steps to prevent the SMTP/POP3
mail spooling service from being used as a relay, and Ultra-ISP reserves the
right to suspend or terminate the service if relaying occurs until such time as
the client has taken steps to prevent the relaying.
The client is responsible for ensuring that the client mail site is
protected against viruses.
Web Site Hosting Terms And Conditions
Ultra-ISP shall, in accordance with the client's choices as indicated on the
application form:
- Host the client's Web site on the server;
- Permit users of the Internet access to the Web site, limited to a maximum
monthly data traffic allowance of bandwidth measured in megabytes as set out in
the application form and subject to such additional charges as set out in the
application form;
- Provide such platform as set out in the application form;
- Allocate the client disk space on Ultra-ISP's server as indicated on the
application form;
- Take such steps as Ultra-ISP regards as reasonable to secure the client's
Web site from unauthorized access;
- Shall not be liable for any illegal software or licenses
E-Mail Terms And Conditions
Ultra-ISP shall provide the client with e-mail services in accordance with
the client's choices as set out in the application form.
Ultra-ISP assumes no responsibility for the failure of any mail delivery or
the loss of any mail.
The client is responsible for ensuring that the client mail site is
protected against viruses.
Mailing List Terms And Conditions
Ultra-ISP shall
- Provide the client with a list service in accordance with the client's
choices as set out in the order form
- Assume no responsibility for the failure of any mail delivery or the loss of
any mail
- Immediately terminate any List Owner account that it believes in its sole
discretion, is transmitting or is otherwise connected with any junk mail, spam,
chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
Fax Terms And Conditions
Hence forth formally referred to as THE SERVICE PROVIDER, hereby offers this
product or service to customers based upon the following agreed terms and
conditions
Limited Risk
Due to the nature of the Fax Services (FAX), THE SERVICE PROVIDER cannot be
held responsible for risks incurred through the use of any of these FAX products
or services, as well as all risks associated with data security, privacy,
availability and reliability of message processing and transmission. Thus, the
customer is fully and exclusively liable for any and all risk resultant from the
use of the said Product (s) or Service(s).
Limitation of Liability
These services and all information, products and other content (including
third party information, products and content) provided by, included in or
accessible from this web site, are provided "as is" and are subject to change at
any time without notice to the customer. To the fullest extent permitted by law,
we disclaim all representations and warranties (express, implied and statutory,
including but not limited to the warranties of merchantability and fitness for a
particular purpose, and non-infringement of proprietary rights) as to the
services and all information, products and other content (including third party
information, products and content) provided by, included in or accessible from
this web site. In no event shall THE SERVICE PROVIDER be liable for any damages
whatsoever, including but not limited to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use,
profits, data or other intangibles, or the cost of procurement of substitute
goods and services, arising out of or related to the use, inability to use,
unauthorized use, performance or non-performance of these products or services,
even if THE SERVICE PROVIDER has been advised previously of the possibility of
such damages and whether such damages arise in contract, negligence, delict,
under statute, in equity, at law or otherwise.
Access to the Service
THE SERVICE PROVIDER shall use all reasonable endeavors to ensure that the
Services are available on a 24 hour, 7 days a week basis.
Nature of Services
Message Delivery
- The customer acknowledges and accepts that the provision of the relevant FAX
services are enabled through THE SERVICE PROVIDER's agreements and relationships
with various Network Operators in various countries and we are therefore only
able to act under the conditions imposed through such agreements. The delivery
and receipt of FAX messages is subject to the availability and performance of
the respective Network Service Provider and their technical systems and network
and cannot be guaranteed. FAX messages submitted through the relevant FAX
service will be transferred to the recipient's terminal within times ranging
from a few minutes to a few days depending on the conditions prevalent at the
time of submission. Also, message delivery performance is subject to the
recipient's terminal being switched on.
Changes to Service Offerings and Content
THE SERVICE PROVIDER reserves the right to modify, enhance, discontinue and
further develop the relevant Product(s) or Service(s) or its product or service
offerings at any time without prior notice.
Customer's Responsibilities and Liability
Malicious Disruptions and Damages
- Should the customer be implicated of malicious disruptions or damages to any
of our Product (s) or Service(s), the customer shall be liable for all damages
(whether direct or indirect) and associated costs resultant from such malicious
activity
FAX Content
- The customer accepts full responsibility for the content of FAX messages
transmitted by means of any of our Product(s) or Service(s) and agrees not to
submit any FAX messages for transmission via the our Product(s) or Service(s),
the content whereof is improper, immoral or unlawful or which contains any
violent, offensive, discriminatory, illegal or pornographic material. The
customer must reasonably ensure that the content of FAX messages does not cause
disturbance or harassment to the recipient thereof.
Spamming
- THE SERVICE PROVIDER is bound to ensure the delivery of a valued service and
will not tolerate SPAMMING the sending of unsolicited messages) of FAX messages
by the customer. Therefore the customer is not permitted to send messages to
recipients who have advised that they do not wish to receive FAX messages of a
particular or any kind. Failure to abide by the provisions of this clause will
result in the suspension of access to the Services, without recourse to any
Service fees paid or due and the customer shall be liable for and hereby
indemnifies THE SERVICE PROVIDER including its agents, shareholders, employees,
officers and subsidiaries) against any claims, loss or damages caused as a
consequence of the failure by the customer to abide by the provisions of this
spamming clause. The customer should furthermore be aware that Spamming is
against the regulations laid down by SATRA (South African Telecommunications
Regulatory Authority), who in their own right are lawfully entitled to take
action against anyone found guilty of spamming.
Identification of the Originator
THE SERVICE PROVIDER reserve the absolute right not to deliver any FAX
message unless and until the identification of the originator thereof, or its
authorized representative, is known and understood.
Termination of the Service(s)
At any time during the tenure of this agreement, the customer acknowledges
that THE SERVICE PROVIDER reserves the right to disable, discard or remove any
customer's service, without notice, for any reason, including and without
limitation to, should THE SERVICE PROVIDER in its reasonable opinion believes
that the customer has contravened or breached any provision of this agreement.
THE SERVICE PROVIDER may also, at its sole discretion, at any time cease to
provide the relevant Service, or any part thereof and to make modifications and
changes to the said relevant Service. The customer also fully understands,
accepts, and further indemnifies THE SERVICE PROVIDER fully against any claims
by the customer or any third party as a result of such changes to or termination
of Service(s), or part thereof.
Billing
FAX Billing Methodology
- The customer agrees to pay the charges, to THE SERVICE PROVIDER or the
customer's service provider as the case may be, as set out in the subscription
form. Should there be a disputed transaction, THE SERVICE PROVIDER shall
endeavor to make the necessary investigations to the best of its abilities and
attempt to rectify the discrepancy, but should such investigations prove to be
inconclusive, the message transaction logs, as maintained by THE SERVICE
PROVIDER shall be deemed to be true and accurate for accounting purposes.
Message Delivery
- The eventual delivery of FAX messages is largely dependent on the effective
functioning of the recipient's terminal and the relevant telecommunications
network, systems and infrastructure. Consequently, THE SERVICE PROVIDER cannot
guarantee the delivery of messages that may be affected by possible network
outages and errors on the part of any telecommunications network and THE SERVICE
PROVIDER shall not refund the customer for undeliverable messages. THE SERVICE
PROVIDER will however make every effort to ensure that all messages are
delivered.
Funds Transfer
- Pre-paid Funds are not transferable and non-refundable.
Intellectual Property Rights
- The information, media, systems, content, Products and Services provided by
THE SERVICE PROVIDER through THE SERVICE PROVIDER product range for the
customer's use, including all intellectual property rights therein, is the sole
property The Digital Message Network (Pty) Ltd.
Applicable Law
- The laws of the Republic of South Africa govern this contract. The customer
fully acknowledges that any disputes resulting in legal intervention shall be
concluded within the jurisdiction of the Republic of South Africa and that the
applicable laws of the Republic of South Africa shall prevail.
Interpretation and Nullification of Clauses
- The customer accepts to agree to all aspects of this agreement and shall
comply with all laws, regulations and restrictions that apply to the customer.
THE SERVICE PROVIDER shall be entitled to modify the terms and conditions of
this Policy in writing from time to time. Any delay in the enforcement of any
term of this agreement shall not be deemed to be a waiver of such right(s).
ADSL Internet Access Service Terms And Conditions
Commencement and Duration of this Agreement
- This Agreement commences on the date we accept your request to receive ADSL
Internet Access Services (the "Commencement Date") and will continue for an
initial term of 12 months (the "Initial Term") and indefinitely thereafter
unless terminated earlier by either party in accordance with terms and
conditions of this Agreement.
User names and Passwords
- The client must ensure that user names and passwords used for ADSL Internet
Access are kept confidential and are only used by authorized users. Please
inform us immediately if you know or suspect that a user name or password has
been disclosed to an unauthorized user or is being used in an unauthorized way.
The client must not change or attempt to change a user name without our consent.
Ultra-ISP reserves the right (at our sole discretion)
- To suspend user names and password access to the Service if at any time we
think that there has been or is likely to be a breach of security; and to ask
you to change any or all of the passwords you use in connection with the
Service.
Bandwidth
- Ultra-ISP is reliant on the service supplied by Telkom. Telkom does not
guarantee the bandwidth throughput achieved when browsing Internet utilizing an
ADSL access line and this Ultra-ISP cannot do so either
- All Uncapped ADSL are Shaped and No PEER 2 PEER Software will work on our
Uncapped ADSL.
Service Cap
- Telkom has imposed a 3GB (3 gigabyte) traffic cap on the ADSL service. What
this means is that after you have used 3 gigabytes of traffic (to or from your
PC) your connection will be put onto a limited network shared with everyone who
has exceeded the limit. This will still provide fairly fast access to South
African sites, but international access will be much slower. Ultra-ISP cannot be
held liable for the result of your service being capped.
Communication
- You hereby agree that Ultra-ISP may from time to time send you
communications regarding (without being limited to) special offers/discounts
which Ultra-ISP may negotiate for its members, operational changes that may
affect the service and/or new services launched by Ultra-ISP from time to time
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Latest News
Mon 17/12::No E-Mail ADSL
All new ADSL with no E-Mail from Internet Solutions (IS) and SAIX.
These ADSL DO NOT have any Mail boxes attached to them. For people who just
need ADSL for browsing and downloads, follow the links below.
For IS click here
For SAIX click here
Fri 14/3::Fibre ADSL
NEW ADSL from IS running on the
fibre network is much faster than our the current ADSL. We now
have more cap options available. With the increased speed we have not raised the
price, but made the services available at a lower price. ...more
Tue 25/3::Interactive Forms
With change, companies can only hope to evolve for the better.
Our application forms are now interactive. Just fill in required details,
print the form and sign. Once done, fax or email necessary documents
for prompt activation of services.
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