General Terms & Conditions
Thank you for reading Cybertek’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services department at 031 2048080.
Cybertek respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.
Cybertek’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic.
1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Cybertek cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Cybertek’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Cybertek on behalf of another subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Cybertek will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Cybertek’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.
Threats to Network Security
Any activity which threatens the functioning, security and/or integrity of Cybertek’s network is unacceptable.
1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Cybertek for this goal;
2. Any effort to use Cybertek’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
5. Any activity which threatens to disrupt the service offered by Cybertek through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
6. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
7. Any unauthorised monitoring of data or traffic on the network without Cybertek’s explicit, written consent.
8. Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
In reading this AUP or in signing a service contract with Cybertek, you acknowledge that Cybertek has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Cybertek cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Cybertek network websites and web pages or sites displayed as search results or contained within a directory of links on the Cybertek network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
Cybertek employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and Cybertek reserves the right to delete and/or cancel posts which violate the following conditions:
1. Excessive cross-posting of the same article to multiple newsgroups.
2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
3. Posting binaries to a non-binary newsgroup.
4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Cybertek does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Cybertek in respect to usenet services is merely a convenience to Cybertek customers to make the use of the service more convenient. Cybertek accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Cybertek will take swift and firm action against any user engaging in any of the following unacceptable practices:
1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
2. Operating or maintaining mailing lists without the express permission of all recipients listed;
3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
4. Using Cybertek’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
5. Including Cybertek’s name in the header or by listing an IP address that belongs to Cybertek in any unsolicited email sent through Cybertek’s network or not;
Cybertek provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that Cybertek shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Webmail and other web based email services made available by Cybertek are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that Cybertek shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Cybertek. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.
Once a website we have created has gone live and/or admin access has been supplied to the client (for WordPress, Joomla & other CMS sites) or FTP access, Cybertek absolves itself of all & any repsonsibility regarding the correct ongoing functioning of the website (other than hosting accessibility if hosted by us). The client, by paying the balance of the development fee, accepts that all website work contracted has been completed and takes full responsibility from that point onwards. Should a problem occur after this handover point, any troubleshooting or other issues that are required to be investigated and fixed, will be billable to the client at our regular web development rates per hour.
This includes updates to CMS platforms (eg: WordPress), as well as any plugins that were used in the development of the site to create the client’s required functionality. Any updates & fixes required for security reasons or ongoing functionality that occur 90 days after going live, will be for the client’s account. Clients are advised NOT to update plugins themselves as these can lead to breaking elements of the code, and in turn, the site itself.
In the event of hacking of an an old, outdated website, there will be a per occasion backup & reinstatement fee commensurate with the size of the website to be reinstated, starting at R250+VAT. Clients are strongly advised to ensure their websites are kept current and have built in security software which is maintained monthly. In this instance, recovery will be done free of charge. Alternatively, to purchase and install and SSL certificate to secure the site.
All requests for assistance need to be emailed to email@example.com detailing exactly what the issue is or what changes/additions are required. A quote will then be supplied based on the estimated timeframe, which the client will need to approve in writing before any work is undertaken. No telephonic support will be undertaken at any time. Once changes have been undertaken, the client has 5 working days to revert with any issues to said changes. Thereafter, additional changes will be billable.
Should you decide to move your website from being hosted on our servers, the following fees apply:
– Outbound domain transfer fee: R299+VAT
– FTP Account: R299+VAT
– cPanel Account : R320+VAT
– Backup of website: R450+VAT
Details will only be supplied once full outstanding payment has been settled,
The Cybertek Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa.
Neither Cybertek, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Cybertek’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cybertek Server service, unless otherwise expressly stated in this Agreement.
Cybertek expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. Cybertek specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Cybertek is not responsible if an external company network and firewall is setup to block access to services Cybertek provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Cybertek provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Cybertek endeavours to keep a 4 day backup of the domain, the backup is of the last 4 days content only. It is advised that an off-site back up is kept up to date by the client as the Cybertek backup cannot be guaranteed.
It is the client’s responsibility to ensure that their website is maintained and secure, unless they are subscribing to one of our maintenance and/or security packages which are additional services, billed monthly.
Cybertek may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.
Call-outs to client premises are always billable as per the following:
Tech Support: R7.50 per kilometer + R175/hr travel time (billed in 15 minute increments) and R250/hr support time (billed in 15 minute increments after the first hour)
Web Consulting: R7.50 per kilometer + R250/hr (billed in 15 minute increments after the first hour)
It is our goal to provide the best possible internet experience for all of our customers using Uncapped services and as such we reserve the right to manage uncapped users in order to achieve optimal performance for all clients across our network. We may contact you from time to time to make changes in order to receive the best possible internet experience.
Cybertek Uncapped / Uncapped ADSL
The available capacity and the performance of our network is evaluated regularly. If available capacity is under pressure we will manage customer’s accounts where necessary in order to give all customers the best possible internet experience. Customers who have used more than the average user will be managed first by our Cybertek Protocol Manager. Should your account become managed we will only manage your Peer to Peer, HTTP download and NNTP traffic. As your usage starts to fall within the average users group the management on your traffic will be relaxed.
This account is optimized for Business Users where high priority is given to business protocols (VOIP, Terminal Services, Web Browsing, Email). Peer to Peer, HTTP downloading and NNTP traffic is restricted as they are not typical business protocols.
All uncapped accounts are to be used on 1 line only and will be linked to one (blocking all others) should it be discovered that the account is being used on more than 1 ADSL line.
Responsibilities regarding changing of Internet Access Type
Should the client change the type of internet access they receive from us eg: from ADSL to Fibre or DSL to LTE, it is the client’s responsibility to configure their own network settings (using their their own IT person) to connect to the new connection. We are an Internet Service Provider and our job is complete when we have supplied you with a working internet connection. Should a company’s network be setup in such a way that requires that their internal network settings be changed/updated after a change in internet access type, these are the client’s responsibility and charges therefore for their account to the relevant network systems administrator (if not in-house).
Protection of Minors
Cybertek prohibits customers from using Cybertek’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
Privacy and Confidentiality
Cybertek respects the privacy and confidentiality of our customers and users of our service.
Customers are responsible for any misuse of Company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Cybertek’s service.
Cybertek urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Cybertek cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the customer has authorised a minor to use any of the Cybertek’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
Cybertek cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Cybertek network. Further, Cybertek assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer’s.
Notice and Take-down Procedures
Cybertek confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Cybertek’s designated agent for this process can be reached at 010 500 1200. or at: firstname.lastname@example.org The notice and take-down procedure can be viewed at www.ispa.org.za/tdn. Customers are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code-of-conduct) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
Payment terms & Conditions
The amounts payable by the Customer are as set out in the Service Agreement.
The amounts payable are exclusive/inclusive of Value-Added Tax as stated on the agreement.
Save for the initial payment, and subject to the Service Agreement, all monthly amounts payable by Customer must be paid monthly in advance on or before the first day of the month for which payment is due, and all other amounts payable must be paid within 30 (thirty) days of the date of the invoice.
All payments must be made in South African Rands, free of exchange or deduction, by debit order unless otherwise agreed in writing.
If the Customer fails to make any payment on the due date, Cybertek may, without prejudice to any of its other rights, suspend the performance of its obligations in terms of the Service Agreement, and will charge the customer a bounced debit order fee & suspension/re-connection fee as follows:
Bounced debit orders: R75+VAT per bounced debit order
Reconnection of Service, E-mail accounts/boxes: R15 + VAT each, Websites: R100 + VAT, Internet Service: 30% of service fee
as well as interest on the overdue amount from the due date to the date of actual payment at the rate of 2,5% (two comma five percent) above the then current overdraft interest rate being charged by Cybertek’s bankers plus any additional costs incurred by Cybertek as a result of Customer’s failure to make payment on the due date. Cybertek may adjust the amounts payable by the Customer in terms of this Agreement to reflect any increase in the cost to Cybertek in providing the Services which is due to any factor, including those beyond the control of Cybertek, including without limitation, foreign exchange fluctuations, increased costs of third party services, alteration of duties, surcharges, taxes, rates or levies, increased costs of labour, materials or manufacture, changes in delivery dates, quantities or specifications which are required by the Customer or delay caused by any instruction of the Customer.
The Customer may not withhold payment of any amount payable in terms of the Service Agreement to satisfy any claim against Cybertek arising from this or any other agreement, and may not offset any amount payable in terms of the Service Agreement against any amount owing to it by Cybertek in terms of this or any other Agreement.
Cash Deposit Fees
Due to high rates charged by the banks for cash deposits, we prefer not to accept cash deposits. However, if you need to pay by cash deposit, the fees therefore will be for your account, not ours and will be deducted from the amount you paid i.e. your account will be credited only with the cleared amount we received from the bank. Current ABSA cash deposit rates are a minimum of R30 (which covers all amount up to R1500) and thereafter, R8,00 + R1,55/R100. To avoid these costs and your account getting into arrears, please pay by EFT.
For those clients who are either out of contract or on a month-to-month contract, we require 1 full calendar month’s notice should you wish to cancel your service with us. Customers who are in a fixed term contract will be liable for the balance of payment of the contract should they wish to cancel before the end of the contracted period. Should a client who is in contract attempt to move their services (including their domain) away from us without having finalised the balance of payment for the contractual period, this will be seen as a breach of contract and matters will be handed over for legal action, the costs of which will be for the client’s account.
Complaints and procedures
It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Cybertek’s designated complaints handling agent. Please note that Cybertek cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control. In order for Cybertek to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via e-mail to email@example.com and contain as much information as possible, including, but not limited to:
– The origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
– Any contact details for the source of the complaint;
– A brief explanation why the incident is considered to be an offence.
Cybertek discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, Cybertek may take any of the following steps:
In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
Institute civil or criminal proceedings;
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
Reservation and Non Waiver of Rights
Cybertek reserves the right to amend or alter this policy at any time, and without notice to you.
Cybertek reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
Cybertek reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
Cybertek reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
Cybertek reserves the right to suspend, revoke or cancel Cybertek’s services to the customer/user if the safety and integrity of Cybertek’s resources are placed at risk in continuing to provide service to the subscriber/user.
Cybertek reserves the right to remove any information or materials in whole or in part, that, in Cybertek’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.
Cybertek does not undertake to guarantee the security of any data passing through its networks. Although Cybertek will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Cybertek cannot be held liable for any loss or damage arising as result of the failure to do so.
Cybertek does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Cybertek fail, neglect or elect not to enforce a breach of the AUP at any time.