Annexure B – Fair Use Policy (FUP)

1. Your use of services will – subject to the specific service provided – generally be a shared service. It is therefore necessary for us to from time to time apply rules relating to fair usage of the service to make sure that our network is efficiently managed.
2. Accordingly, we reserve the right to communicate to you at any time such rules relating to use – including but not limited to bandwidth and data storage limitation – as we in our sole discretion determine what is required for efficient functioning of the service for all customers.
3. Failure to comply with these rules may result in your service being restricted, suspended or terminated, as determined in our sole discretion.

What is an AUP?

1. An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure.

Agreement to this AUP

1. You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision.

Unacceptable use

1. Any criminal, illegal or unlawful act. 
2. Any use which intentionally interferes with our ability to provide our services in any respect.
3. Any use which intentionally interferes with our rights or the rights of any third party.
4. Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
5. The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.

Reporting unacceptable use

1. Please report any use of our services in contravention of this AUP to abuse@walinet.co.za.

Amendments to this Policy

1. If it is necessary to amend this Privacy Policy, we will post a prominent notice or send you an email to ensure that you are kept informed about changes and how they may affect you.

     Please send email to info@walinet.co.za for any query or matter relating to this Privacy Policy.

Introduction

These Terms and Conditions (“Terms”) govern the relationship between you (“Customer”) and Walinet (“Company” or “we”), an Internet Service Provider and a member of the Internet Service Providers’ Association (ISPA). By using our services, you agree to be bound by these Terms.

Service Provision

The Company agrees to provide the Customer with internet services (“Services”) as specified in the Customer’s chosen service plan. The Company will use reasonable efforts to ensure that the Services are available and reliable but does not guarantee uninterrupted or error-free service.

Commencement of Contract

These Terms and any applicable Service Agreement shall become effective upon the Customer’s acceptance of the Service Agreement, and the Company’s acceptance of the Customer’s application for Services. The Company reserves the right to refuse any application for Services at its sole discretion.

Terms and Conditions Availability

In accordance with ISPA requirements, the Company shall make these Terms and any applicable Service Agreement available to the Customer and potential customers prior to the commencement of any contract. The Customer is responsible for reviewing these Terms and any Service Agreement before entering into a contract with the Company.

Content Removal

The Company reserves the right to remove any content hosted by the Company that it considers illegal, or for which it has received a take-down notice from a third party or in accordance with applicable laws and regulations. The Company will notify the Customer of any such content removal.

Suspension and Termination

The Company reserves the right to suspend or terminate the Services of any Customer who does not comply with these Terms, any Service Agreement, the Company’s Acceptable Use Policy, Fair Use Policy, or any other contractual obligations. The Company will provide written notice to the Customer of any such suspension or termination.

Customer Obligations

The Customer agrees to comply with these Terms, any Service Agreement, the Company’s Acceptable Use Policy, Fair Use Policy, and any other contractual obligations. The Customer is responsible for ensuring that their use of the Services complies with all applicable laws and regulations.

Payment

The Customer agrees to pay all fees and charges associated with their chosen service plan, as set forth in the Service Agreement. Failure to make timely payments may result in suspension or termination of Services.

Limitation of Liability

The Company’s liability for any loss or damage arising out of or in connection with the Services, these Terms, or any Service Agreement shall be limited to the amount paid by the Customer for the Services during the period in which the loss or damage occurred. The Company shall not be liable for any indirect, consequential, or incidental damages.

Indemnity

The Customer agrees to indemnify and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Customer’s use of the Services, violation of these Terms or any Service Agreement, or violation of any applicable laws or regulations.

Changes to Terms and Conditions

The Company reserves the right to modify these Terms at any time. The Company will notify the Customer of any material changes to these Terms and provide the Customer with an opportunity to review the revised Terms before continuing to use the Services.

Governing Law

These Terms and any Service Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with these Terms or any Service Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.

Contact Information

If you have any questions or concerns regarding these Terms or the Services, please contact the Company at:

Walinet Internet Solutions

Sanatorium Road

Claremont, Cape Town 7708

South Africa

Phone: 071 529 5958

Email: info@walinet.co.za

Website: www.walinet.co.za

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with any applicable Service Agreement, the Company’s Acceptable Use Policy, and Fair Use Policy, constitute the entire agreement between the Customer and the Company with respect to the Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral, between the parties.

Assignment

The Customer may not assign, transfer, or delegate their rights or obligations under these Terms or any Service Agreement without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms or any Service Agreement without restriction.

Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms or any Service Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or any other force majeure events.

By using the Services provided by Walinet, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Privacy Policy

By using the Services, the Customer agrees to the Company’s Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy outlines how the Company collects, uses, and protects the Customer’s personal information.

Intellectual Property

The Company and its licensors retain all rights, title, and interest in and to any intellectual property rights related to the Services, including but not limited to copyrights, trademarks, patents, and trade secrets. The Customer acknowledges and agrees that they will not acquire any ownership rights in any such intellectual property by using the Services.

Third-Party Services and Content

The Services may include access to third-party content, services, or resources. The Company is not responsible for the availability, accuracy, or reliability of any such third-party content, services, or resources. Any reliance on or use of such third-party content, services, or resources is at the Customer’s own risk. The Company does not endorse, warrant, or assume any responsibility for the content, products, or services of any third-party provider.

Notices

All notices, requests, and other communications required or permitted under these Terms or any Service Agreement shall be in writing and shall be deemed given (a) when delivered personally; (b) when sent by email (with confirmation of receipt); (c) one business day after being sent by a nationally recognized overnight courier service; or (d) three business days after being mailed by certified or registered mail, postage prepaid, return receipt requested.

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or any Service Agreement, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in accordance with the rules and procedures of Internet Service Providers Association(ISPA). The arbitration shall take place in South Africa, and the decision of the arbitrator(s) shall be final and binding on both parties.

Survival

Sections 9 (Limitation of Liability), 10 (Indemnity), 12 (Governing Law), 13 (Contact Information), 14 (Severability), 15 (Waiver), 16 (Entire Agreement), 17 (Assignment), 18 (Force Majeure), 19 (Privacy Policy), 20 (Intellectual Property), 21 (Third-Party Services and Content), 22 (Notices), and 23 (Dispute Resolution) shall survive any termination or expiration of these Terms or any Service Agreement.

Annexure C – Privacy Policy

Introduction

1. As a business which enables access to the Internet or related services, we understand explicitly the importance of the privacy of our customers when online and interacting with our services.
2. As a member of the Internet Service Providers’ Association of South Africa (ISPA) we have committed to respecting the Constitutional right of our customers to their personal privacy, which includes the privacy of communications.
3. The purpose of this Privacy Policy is to ensure that our customers understand how their personal information is collected, stored and disposed of in terms of applicable law.

What is personal information?

1. The Protection of Personal Information Act of 2013 defines “personal information” as all of the following:

information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-

(a)     information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

(b)     information relating to the education or the medical, financial, criminal or employment history of the person;

(c)     any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d)     the biometric information of the person;

(e)     the personal opinions, views or preferences of the person;

(f)      correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g)     the views or opinions of another individual about the person; and

(h)     the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

Our commitment

1. We commit to protecting the confidentiality of our customers’ personal information.
2. Customer personal information in our possession will be used only for the purpose for which it was collected or in terms of the law under which it is required to be collected.
3. Customer personal information is collected for the purpose of allowing the provision of our services as well as compliance with the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 (“RICA”).
4. We will only release customer personal information in the following circumstances:
5. Where we have your written instruction to do so.
6. Where we are required to do so under an order of a South African court.
7. Where it is necessary to do so to comply with any applicable legislation or regulation and then in terms of such applicable legislation or regulation.
8. For auditing, debt-collecting or complaints-handling processes and then subject to restrictions on the use of the personal information by the relevant third party.
9. We do not monitor usage of our services other than in terms of applicable law. 
10. Our website may utilise “cookies” which do track usage to facilitate the provision of an individually-tailored service.
11. Personal information provided to us as is required for use of the service is securely stored. Please email info@walinet.co.za or visit www.walinet.co.za to review this information and amend it if necessary.
12. In order to ensure that we provide a secure service and protect you and ourselves from fraudulent and criminal acts, we reserve the right to monitor user and network traffic.

Collection of anonymous data

1. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site and our services. This technology is not able to identify individual users but simply allows the collection of anonymised statistics.
2. In order to do this, we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site.
3. Cookies allow us to tailor advertising and other services to your displayed preferences. We may use third-party cookies from an adserver for this purpose.
4. Cookies by themselves may not be used to personally identify users but will be used to compile anonymised statistics relating to use of services offered or to provide us with feedback on the performance of this web site.
5. If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.

Shared responsibility

1. Protecting your personal information when using our services is a shared responsibility. Please be aware that the Internet can be a scary and unfriendly place and be sure to safeguard your identity and other personal information at all times. 

Amendments to this Policy

1. If it is necessary to amend this Privacy Policy, we will post a prominent notice or send you an email to ensure that you are kept informed about changes and how they may affect you.

Please send email to info@walinet.co.za for any query or matter relating to this Privacy Policy.

Staying safe on the Internet is very important because there are some things that can be harmful. Here are some resources that can help you with this:

1. https://ispa.org.za/safety/

When it comes to children and teen safety on the Internet, it’s crucial to take extra precautions. Here are some important points to remember:

1. https://ispa.org.za/safety/children-and-teens/

In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) Walinet Internet Solutions has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Internet Service Providers’ Association (ISPA)

Address: PO Box 518

Noordwyk

1687

Telephone: 010 500 1200

Take-down notice email: complaints@ispa.org.za