Legal Policies and Procedures

All of our terms and conditions and legal policies

 

Fair Usage Policy

Fair Usage Policy

The PacketSky service is an Unlimited, Unshaped and Unrestricted internet service with no fair usage policy (FUP), no shaping or throttling of traffic applied; however an acceptable use policy (AUP) will apply in order to regulate the abuse of PacketSky. PacketSky reserves the right, at any time, to implement a Fair Usage Policy (“FUP”) on notice to you.

Acceptable Usage Policy

General Notice

Thank you for reading PacketSky’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 behavior 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/legal department at +27 11 787 0800

PacketSky 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.

ISPA Membership and Code of Conduct

PacketSky confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, PacketSky is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code.

Unlawful Use

PacketSky’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. This includes:

  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 PacketSky cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by PacketSky’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 PacketSky 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, PacketSky will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using PacketSky’s resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of PacketSky’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 PacketSky’s network is unacceptable. This includes:

  • Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by PacketSky for this goal;
  • Any effort to use PacketSky’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
  • Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
  • 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;
  • Any activity which threatens to disrupt the service offered by PacketSky through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
  • 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.
  • Any unauthorised monitoring of data or traffic on the network without PacketSky’s explicit, written consent.
  • 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 PacketSky, you acknowledge that PacketSky has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that PacketSky 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 PacketSky network websites and web pages or sites displayed as search results or contained within a directory of links on the PacketSky 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.

PacketSky 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.

Usenet Newsgroups

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 PacketSky 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. [Some companies specify a number here and if you’d prefer to, you may well do so and advise of the cancellation of the post if such number is exceeded]
  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.

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. PacketSky 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 or a recipient who has indicated s/he wishes to be removed from such list;
  4. Using PacketSky’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 PacketSky’s name in the header or by listing an IP address that belongs to PacketSky in any unsolicited email whether sent through PacketSky’s network or not;
  6. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. 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. PacketSky reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. PacketSky also reserves the right to examine the mail servers of any users using PacketSky’s mail servers for “smarthosting” (when the user relays its mail via a PacketSky mail server to a mail server of its own or vica-versa) 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 PacketSky’s privacy policy.

Spam/virus Filtering

PacketSky 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 PacketSky shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

PacketSky reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.

Webmail

Webmail and other web based email services made available by PacketSky are provided on an “as is” basis without representations, warranties or conditions of any kind, and the customer acknowledges and agrees that PacketSky 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 PacketSky. 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 unauthorized commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Protection of Minors

PacketSky prohibits customers from using PacketSky’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

PacketSky respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Customers are responsible for any misuse of PacketSky’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorized persons do not gain access to or misuse PacketSky’s service.

PacketSky 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 PacketSky cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorized a minor to use any of the PacketSky’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.

PacketSky 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 PacketSky network. Further, PacketSky 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

PacketSky 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) PacketSky’s designated agent for this process is the Internet Service Providers’ Association.

ISPA can be reached at 010 500 1200 or takedown@ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.

Customers are also notified of the content and procedures of the ISPA 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.

Complaints and procedures

It is the customer’s responsibility to familiarize himself or herself with the procedure set out below and report any cases of violation of this AUP to PacketSky’s designated complaints handling agent.

Please note that PacketSky 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 PacketSky to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail 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.

PacketSky 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, PacketSky 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

PacketSky reserves the right to amend or alter this policy at any time, and without notice to you.

PacketSky 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.

PacketSky 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.

PacketSky reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

PacketSky reserves the right to suspend, revoke or cancel PacketSky’s services to the customer/user if the safety and integrity of PacketSky’s resources are placed at risk in continuing to provide service to the subscriber/user.

PacketSky reserves the right to remove any information or materials in whole or in part, that, in PacketSky’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

PacketSky does not undertake to guarantee the security of any data passing through its networks. Although PacketSky 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 PacketSky cannot be held liable for any loss or damage arising as result of the failure to do so.

PacketSky does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should PacketSky fail, neglect or elect not to enforce a breach of the AUP at any time.

Terms and Conditions (01/11/2018 Rev.1.8)

General Notice

  1. This is an agreement between you and PacketSky regarding your use of PacketSky products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).
  2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
  3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA

Acceptable Usage Policy

Acceptable Use Policy

  1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

  1. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Unacceptable Use

  1. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  2. PacketSky services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material 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 authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
  3. Due to the nature of a shared web hosting environment, PacketSky reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  4. The PacketSky shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
  5. PacketSky prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  6. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
  7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and PacketSky fully and strictly reserves its rights in this regard.

Business Use

  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
  • 11.1. PacketSky defines a Business Customer as a business entity, when said entity is operating with more than 5 registered employees.
  • 11.2. The distinction is in place on the basis that home/residential solutions are designed for a specific requirement <5 users on average.
  • 11.3. A Business which is then over this number of users would attract a higher cost to service based on our uncapped, unlimited and unshaped model thus making the service unfeasible by design.
  • 11.4. Business customers over the 5 employee threshold have the option to select a FTTB solution in the same area.
  • 11.5. PacketSky has full discretion to immediately suspend or terminate any service not operating within these requirements without notice.

Interpretation

  1. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. PacketSky reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
  • 13.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
  • 13.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • 13.3. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
  • 13.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
  2. It is contrary to PacketSky policy for customers to use our servers to effect or participate in any of the following activities:
  • 15.1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
  • 15.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
  • 15.3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a PacketSky provided server, or using a PacketSky provided server as a mail drop for responses;
  • 15.4. To falsify user information provided to PacketSky or to other users of the service in connection with use of a PacketSky service.

Determination of a breach of this Policy

  1. PacketSky will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

  1. When PacketSky becomes aware of an alleged violation of its AUP (Acceptable Use Policy), PacketSky will initiate an investigation (within 24-48 hours). During the investigation PacketSky may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, PacketSky may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, PacketSky reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, PacketSky will notify the appropriate law enforcement department of such violation.
  2. PacketSky does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
  3. You shall be held liable for any and all costs incurred by PacketSky as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
  4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
  5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
  6. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that PacketSky personnel must spend to investigate any violations.

Modification

  1. PacketSky may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
  2. PacketSky reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

  1. Any party seeking to report any violations PacketSky policy may contact via email: abuse@packetsky.com

Website Take Downs

  1. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which PacketSky has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002: Website: ispa.org.za Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

  1. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
  2. We disclaim any and all loss or liability resulting from, but not limited to:
  • 28.1. loss or liability resulting from access delays or access interruptions;
  • 28.2. loss or liability resulting from data non-delivery or data mis-delivery;
  • 28.3. loss or liability resulting from acts of God;
  • 28.4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
  • 28.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
  • 28.6. loss or liability resulting from the interruption of your Service.
  1. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
  2. Subject always to the provisions of the CPA (Consumer Protection Act), to the extent that it is applicable, PacketSky services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. PacketSky expressly disclaims any representation or warranty that the PacketSky services will be error-free, secure or uninterrupted.
  3. No oral advice or written information given by PacketSky, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
  4. PacketSky will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
  5. The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

  1. You agree to indemnify and hold PacketSky harmless from any and all Claims resulting from or connected with any activities conducted by you. You and PacketSky will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
  2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. PacketSky reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or PacketSky then current Acceptable Use Policy, in the sole and absolute opinion of PacketSky.
  3. PacketSky will not change passwords to any account without proof of identification, which is satisfactory to PacketSky, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that PacketSky will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will PacketSky be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless PacketSky from any and all Claims arising from such ownership disputes.
  4. You agree to indemnify and hold harmless PacketSky and any other Account Holder from any and all Claims resulting from your use of the services provided by PacketSky. The terms of this Section will survive any termination of this Agreement.
  5. You agree not to harm PacketSky, its reputation, computer systems, programming and/or other persons using PacketSky services.
  6. The terms of this Section will survive any termination of this Agreement.

Variation of Services

  1. You agree that PacketSky may establish limits concerning use of any PacketSky service offered on any PacketSky web site, including without limitation the maximum number of days that email messages will be retained by any PacketSky service, the maximum number of e-mail messages that may be sent from or received by an account on any PacketSky service, the maximum size of an e-mail message that may be sent from or received by an account on any PacketSky service, the maximum disk space that will be allotted on PacketSky servers on your behalf either cumulatively or for any particular service. You agree that PacketSky has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any PacketSky service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any PacketSky service may change at any time.
  2. PacketSky reserves the right to select the server for your website for best performance. You understand that the services provided by PacketSky are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then PacketSky has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

  1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of PacketSky.

Passwords

  1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of PacketSky services, including any damages resulting there from, until you notify PacketSky customer service.
  2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on PacketSky

Assignment of IP Addresses

  1. If PacketSky assigns you an Internet Protocol address in connection with your use of the PacketSky services, the right to use that Internet Protocol address will remain with and belong only to PacketSky, and you will have no right to use that Internet Protocol address except as allowed by PacketSky in its sole and absolute discretion.

General provisions

  1. This Agreement constitutes the entire agreement between you and PacketSky with respect to the PacketSky services and supersedes all prior agreements between you and PacketSky. PacketSky reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the PacketSky services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
  2. PacketSky failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
  3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

The terms of this Section will survive any termination of this Agreement.

  1. Save where otherwise provided for in this Agreement, if you:
  • 49.1 fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
  • 49.2 commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
  • 49.3 are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
  • 49.4 commit any act which if committed by a natural person would constitute an act of insolvency;
  • 49.5 become insolvent;
  • 49.6 compromise or attempt to compromise generally with any of your creditors;
  • 49.7 have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then PacketSky shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to PacketSky’s right to claim damages.
  1. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
  2. You consent to the jurisdiction of the South Africa courts.
  3. The PacketSky services are provided from Johannesburg, Cape Town and Durban, South Africa, and this Agreement is deemed to have been entered into at these locations.
  4. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

Hardware and Devices

54.1 Any devices or hardware provided by PacketSky remain the property of PacketSky unless specified otherwise or specifically sold in writing to a customer.

54.2 Routers for fibre to the home services are provided on a free to use basis, and should a customer cancel their services or have their services cancelled due to non-payment, at the sole discretion of PacketSky: 1: The router should be returned to PacketSky in good working condition, or 2: The customer will be liable for the full retail price of the router at the date of cancellation, payable within 7 days from date of cancellation.

    PacketSky Billing Terms

    General

    1. PacketSky will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
    2. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from PacketSky, unless agreed otherwise. PacketSky retains the right to impose, subject to a notice period of 7 business days, a credit limit on any of it’s customers as and when it sees fit.
    3. PacketSky products and services are pro-rated from the date of the start of service.
    4. PacketSky will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specific in the product terms and conditions relating to the particular product or service supplied by PacketSky. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

    Effect of non-payment

    1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that PacketSky has in terms of this Agreement or in law, PacketSky reserves the right to hold you liable for the total amount due pursuant to such invoice.
    2. Interest of 2% per month may be charged on all overdue accounts.
    3. PacketSky may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
    4. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
    5. If you pay the amount due in full, you may have the existing services re-activated and also purchase new services.
    6. If a client requests cancellation whilst their services are suspended due to non-payment, the client will be liable for any activation and/or installation fee covered by PacketSky on commencement of the service. This balance becomes due and payable immediately.
    7. If you neglect to pay the amount due in full, PacketSky will submit the full delinquent amount for collection. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
    8. In the event of suspension due to non-payment, PacketSky reserves the right to place a “nonpayment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
    9. Should any payment/s be made by EFT, it will be your sole responsibility to ensure your payment/s are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
    10. Fibre lines that have been suspended for non-payment will be cancelled with the fibre provider after 30 days, and you shall be notified thereof beforehand. Should you wish to reconnect after cancellation, the reconnection fee for the relevant fibre provider will be due and payable by yourself prior to reconnection.

    Payment methods and fees

    1. PacketSky only accepts payments via debit order (https://sagepay.co.za/) and via SagePay’s Pay Now Gateway on our (https://portal.packetsky.com/portal) ,which allows for secure payment of your invoices via Credit Card, Instant EFT, Cash via Participating Retail Outlets, MasterPass and Visa Checkout.
    2. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
    3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

    Refunds

    1. PacketSky will only refund a customer in the event of their account having a credit balance.
    2. PacketSky will process authorised refunds to customers each Wednesday and Friday.

    Cancellations

    1. Cancellations must be done by logging a ticket using the PacketSky portal https://portal.packetsky.com/portal
    2. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of December, notice of non-renewal must be received on or before the last day of November.
    3. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
    4. Any Free domain registrations cancelled within the first 12 months will be billed to you at the cost of the full domain price.
    5. Any Fibre line order by completing our application form and then canceled before installation will be billed to the client.
    6. If a client cancels within the first 30 Days, the client will be liable to pay any activation fees that PacketSky incurred on behalf of the client.
    7. If a client requests cancellation whilst their services are suspended due to non-payment, the client will be liable for any activation and/or installation fee covered by PacketSky on commencement of the service. This balance becomes due and payable immediately.
    8. Routers for fibre to the home services are provided on a free to use basis, and should a customer cancel their services or have their services cancelled due to non-payment, at the sole discretion of PacketSky: 1. The router should be returned to PacketSky; or 2. The customer will be liable for the full retail price of the router at the date of cancellation, payable within 7 days from date of cancellation.

    Downgrades 

    Definition “A downgrade occurs when changing your current package to a package with a lower cost”. Example: Changing from a 20Mbps 20/2 mbps account at R699 to a 4Mbps 4/1mbps account at R499 would be considered a downgrade 

    1. Downgrades must be done using the PacketSky Portal.
    2. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged the rate for the existing package in the following month.

    Dispute Resolution

    General Dispute Resolution

    1. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.

    The complaint is required to be accompanied by the following;

    • 81.1. Your full particulars and contact details;
    • 81.2. Your relationship with PacketSky and any customer reference which may be applicable;
    • 81.3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
    • 81.4. Any relevant evidence or documentation you wish to submit in support of your complaint.
    • 81.5. In accordance with the ISPA Code of Conduct, PacketSky will investigate complaints made in accordance with this Code of Conduct and any additional codes of practice or best practices a member has voluntarily complied with, unless such complaints are frivolous, unreasonable, vexatious or in bad faith. Under this General Dispute Resolution, PacketSky will:
    • 81.5.1 Acknowledge receipt of your complaint within three working days; and
    • 81.5.2 Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.
    1. You are required to direct a general complaint to complaints@packetsky.com

    Referral of Complaints to ISPA

    1. If you are not happy about the outcome of the Complaint you have the right to escalate it to ISPA.
    2. Complaints can be lodged with ISPA online by following this link: https://ispa.org.za/code-ofconduct/complaints-form/
    3. ISPA can also be contacted in the following ways:
    1. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

    Billing Dispute Resolution

    Purpose of this Procedure

    1. This Procedure sets out the obligations of PacketSky and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
    2. PacketSky Billing Dispute Handling Procedure is intended to service both the Customer and PacketSky interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
    3. Definitions:
    • 89.1 “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
    • 89.2 “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
    • 89.3 “Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
    • 89.4 “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
    • 89.5 “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
    • 89.6 “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

    General

    1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to PacketSky by the Due Date of the Invoice.
    2. For the avoidance of doubt the parties acknowledge and agree that:
    • 91.1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
    • 91.2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from PacketSky as set out below).
    • 91.3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to finance@packetsky.com
    • 91.4 Complaints are dealt with under the PacketSky Complaints Handling Procedure.
    1. Please note that PacketSky will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

    Customer’s obligations to first use this Procedure

    1. As a current or prior Customer of PacketSky, you agree to allow PacketSky to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. PacketSky requires and you agree that it be the first option in Billing Disputes. Should PacketSky receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before PacketSky has been given a chance to resolve the issue, PacketSky has the right to collect on the rendered services and any fees associated with those disputes.
    2. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, PacketSky still retains the right to collect on any rendered services or fees that are due. Should PacketSky be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, PacketSky will submit the full delinquent amount for Collections.

    Time period within which Billing Disputes can be initiated

    1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

    Circumstances under which payment of a Disputed Amount may be withheld

    1. You may only withhold payment of a Disputed Amount where PacketSky receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.

    Billing Dispute Notice

    1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Portal.
    2. The Billing Dispute Notice should clearly set out: 98.1. Invoice number and date; 98.2. The amount in dispute (“the Disputed Amount”); 98.3. The amount not in dispute (“the Undisputed Amount”); 98.4. The full details of the dispute; and 98.5. Any relevant evidence or documentation you wish to submit in support of your complaint.

    Response to Billing Dispute Notice

    1. Under the ISPA Code of Conduct Regulations PacketSky will acknowledge receipt of your complaint within 3 Business Days.
    2. PacketSky shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
    • 100.1 A rejection of the Billing Dispute Notice on the basis that:
    • 100.2 The Billing Dispute Notice was not received by PacketSky within 60 days from the date of the relevant invoice;
    • 100.3 The Billing Dispute Notice does not contain all of the information set out in clause 100 of this Billing Dispute Procedure or was not submitted in accordance with section 99.
    • 100.4 The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
    • 100.5 PacketSky has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
    • 100.6 The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or
    • 100.7 PacketSky reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
    • 100.8 A request for information or documentation from the Customer lodging the Billing

    Dispute Notice which is reasonably required to assist PacketSky in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by PacketSky.

    • 100.9 A determination of the Billing Dispute and the reasons for such determination.

    Referral to Senior Management

    1. If you are not satisfied with PacketSky response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) PacketSky within 3 Business Days of receiving PacketSky response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
    • 101.1 To ensure that SM meet to resolve the dispute within 7 Business Days of PacketSky receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
    • 101.2 Any decision of SM will be final and binding on both parties.
    • 101.3 Both parties acknowledge and agree that if PacketSky does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and PacketSky will have no further obligations in relation to the Billing Dispute.

    Resolution, Agreement or Determination

    If stipulated under PacketSky response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.

    1. If stipulated under PacketSky’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that PacketSky must withdraw the disputed charge or refund a disputed charge previously paid, PacketSky must as soon as practicable:
    • 102.1 If stipulated under PacketSky response under section 84 or where SM agree on a resolution or reach a decision under section 85 that PacketSky must withdraw the disputed charge or refund a disputed charge previously paid, PacketSky must as soon as practicable:
    • 102.2 Credit any Disputed Amount already paid by you.
    1. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and PacketSky will have no further obligations in relation to the Billing Dispute.

    Effect of this Procedure on continued service provision

    1. PacketSky will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as PacketSky has reached a determination and communicated this to you.
    2. We reserve the right, however, to take such measures immediately:
    • 105.1 Where a determination of the Billing Dispute has been made and communicated to you; or
    • 105.2 Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
    1. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that PacketSky shall continue to have the right to terminate or suspend the service in accordance with PacketSky’s rights under the agreement that you have with PacketSky.

    Confidentiality

    1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

    Overage Disputes

    1. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
    2. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.
    3. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
    4. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.

    Realm Disputes

    1. Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
    2. Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to your account.

    Request for Reconciliation or Historical Information/Reporting

    1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
    2. Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, DSL console, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

    Referral of Billing Disputes to ICASA

    1. If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
    2. ICASA can be contacted in the following ways:

    Use of Account Holder information for promotional purposes

    1. PacketSky may include your name and contact information in directories of PacketSky service subscribers for the purpose promoting the use of the services by additional potential customers. However, PacketSky is not authorized to print your name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.

    Privacy Policy

    Introduction

    Thank you for taking the time to review our Privacy Policy. At times, PacketSky will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information [see Important Note above]. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.

    The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

    Confidentiality

    PacketSky respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.

    Collection of Personal Data

    PacketSky collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.

    Use of Personal Data

    PacketSky may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, PacketSky will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at +27 11 704 0800.

    PacketSky collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.

    PacketSky may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.

    Any information PacketSky collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within PacketSky or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

    Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)

    Any information that customers disclose in a public space, including on any bulletin board, chat room or any site PacketSky may host for you, is available to anyone else who visits that space. PacketSky cannot safeguard any information you disclose there.

    Site Linking

    PacketSky’s websites contain many links to sites that belong to third parties unrelated to us. PacketSky cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. PacketSky cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.

    Minors

    PacketSky will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. PacketSky undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent. [If you include this, you may want to ensure that this is covered in your subscription terms as well.]

    Reservation of Rights

    PacketSky reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.

    PacketSky further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.

    PacketSky reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.

    PacketSky reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

    PacketSky reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

    PAIA Section 51

    Introduction

    This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.

    The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

    PacketSky Overview

    PacketSky provides Internet Services and Access to its customers, in both the corporate and home market.

    PacketSky supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

    Availability of this Manual

    A copy of this Manual is available on our website (www.packetsky.com/legal/) or by sending a request for a copy to the Information Officer by email at (abuse@packetsky.com). The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.

    How to request access to records held by PacketSky

    Requests for access to records held by PacketSky must be made on the request forms that are available from our website and office, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).

    A request fee may be payable (the schedule of fees can be accessed here). You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.

    Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

    The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

    The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

    If a request is made on behalf of a 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 of PacketSky.

    The standard form that must be used for the making of requests can be accessed (www.packetsky.com/legal/)Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

    Kindly note that all requests to PacketSky will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by PacketSky does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act. Contact details.

    How to Access

    The Guide as described in section 10 of the Act – The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries 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 11 484-0582
    Website: www.sahrc.org.za
    E-mail: paia@sahrc.org.za

    Voluntary Disclosure

    PacketSky has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to PacketSky and its services is freely available on PacketSky’s website. Certain other information relating to PacketSky is also made available on such website from time to time.

    Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time. Records available in terms of any other legislation

    Information is available in terms of the following legislation to the persons or entities specified in such legislation:

    • Companies Act 61 of 1973
    • Income Tax Act 58 of 1962
    • Value Added Tax Act 89 of 1991
    • Labour Relations Act 66 of 1995
    • Basic Conditions of Employment Act 75 of 1997
    • Employment Equity Act 55 of 1998
    • Skills Development Levies Act 9 of 1999
    • Unemployment Insurance Act 30 of 1966
    • Electronic Communications and Transactions Act 25 of 2002.
    • Telecommunications Act 103 of 1996
    • Electronic Communications Act 36 of 2005
    • ICASA Act 13 of 2000
    • Film and Publications Act 65 of 1996
    • Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 records held by PacketSky

    PacketSky maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

    Internal Records

    The following are records pertaining to PacketSky’s own affairs and those of its divisions, subsidiary and associated companies:

    • Memorandum and Articles of Association
    • Financial records
    • Operational records
    • Licences
    • Intellectual property
    • Marketing records;
    • Internal correspondence;
    • Product records;
    • Statutory records;
    • Internal policies and procedures;

    Personnel Records

    Personnel refers to any person who works for or provides services to or on behalf of PACKETSKY and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of PACKETSKY. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

    • Any personal records provided to PACKETSKY by their personnel;
    • Any records a third party has provided to PACKETSKY about any of their personnel;
    • Conditions of employment and other personnel-related contractual and quasilegal records;
    • Internal evaluation records; and
    • Other internal records and correspondence.
    • Customer records

    Please be aware that PACKETSKY is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.

    Customer information includes the following:

    • Any records a customer has provided to PacketSky or a third party acting for or on behalf of PacketSky;
    • Contractual information;
    • Customer needs assessments;
    • Personal records of customers;
    • Credit information and other research conducted in respect of customers;
    • Any records a third party has provided to PacketSky about customers;
    • Confidential, privileged, contractual and quasilegal records of customers;
    • Customer evaluation records;
    • Customer profiling;
    • Performance research conducted on behalf of customers or about customers;
    • Any records a third party has provided to PacketSky either directly or indirectly; and
    • Records generated by or within PacketSky pertaining to customers, including transactional records.
    • Technical records

    Please Advise

    Other Parties

    • Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to PacketSky. The following records fall under this category: Personnel, customer or PacketSky records which are held by another party as opposed to being held by PacketSky; and
    • Records held by PacketSky pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

    Other Records

    Further records are held including:-

    • Information relating to PacketSky’s own commercial activities; and
    • Research carried out on behalf of a client by PacketSky or commissioned from a third party for a customer;
    • Research information belonging to PacketSky, whether carried out itself or commissioned from a third party.

    PAIA Request Form

    Click on the link to download the PAIA Form C to request PAIA information.

    Take Down Notice

    Details

    In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) PacketSky 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
    Email: takedown@ispa.org.za