We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business, so we'll try and keep them as straightforward as possible.

The purpose of these terms is to protect both you and us. It's our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at support@cloudtelecoms.co.za and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions.

SUMMARY

This summary does not form part of the agreement between you and Cloud Telecoms. It is your responsibility to read the clauses referred to:

1. You agree to provide Cloud Telecoms with true and correct information in order to provide service to you and give Cloud Telecoms permission to process your personal information (clause 4, 14).

2. You agree that these terms may change and that you will check regularly for changes on the Cloud Telecoms website (clause 5)

3. You agree that abusive behaviour towards Cloud Telecoms's staff or brand will not be tolerated (clause 6).

4. You agree that you will ensure that you choose and be responsible for the the products that suit your needs (clause 8)

5. You agree that failing to pay your Cloud Telecoms account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).

6. You agree that either yourself or Cloud Telecoms may cancel this contract by giving the other notice (clause 12.1)

7. You limit Cloud Telecoms’s liability and indemnify Cloud Telecoms for various acts or omissions (clause 17).

1. Definitions

1.1 Cloud Telecoms means either of Cloud Telecoms (Pty) Ltd any other entity which Cloud Telecoms (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.

1.2 Cloud Telecoms System means equipment operated together as a system by Cloud Telecoms to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.

1.3 Cloud Telecoms Website means the Internet website published at the URL www.Cloud Telecoms.com or another URL that Cloud Telecoms notifies the Client of from time to time.

1.4 Agreement means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.

1.5 Application means a request for initiation of a Service(s) and / or provision of Good(s);

1.6 Business Day means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.

1.7 Business Hour means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.

1.8 Client is the party described as such on any Application or Service Order executed between it and Cloud Telecoms.

1.9 Client Data means Data:

1.9.1 transmitted to the Client using the Cloud Telecoms System,

1.9.2 stored by the Client on the Cloud Telecoms System (or on the Client System as the case may be), or

1.9.3 transmitted by the Client via the Cloud Telecoms System,

1.9.4 in the day-to-day utilisation of a Service.

1.10 Client Equipment means any equipment installed at Cloud Telecoms’s premises by the Client that Cloud Telecoms does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.

1.11 ClientZone means the Client account login area of Cloud Telecoms’s portal, accessed by using Client credentials and passwords;

1.12 Data means electronic representations of information in any form.

1.13 Database means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.

1.14 Domain means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (TLD) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (MX) records.

1.15 Emergency Maintenance means maintenance to the Cloud Telecoms System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Cloud Telecoms, the Client or any third party.

1.16 Fee in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.

1.17 Goods means any and all goods to be provided by Cloud Telecoms to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.

1.18 Good Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.

1.19 Intellectual Property Rights means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.

1.20 Malicious Code means anything that contains any computer software routine or code intended to:

1.20.1 allow unauthorised access or use of a computer system by any party, or

1.20.2 disable, damage, erase, disrupt or impair the normal operation of a computer system,

1.20.3 and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.

1.21 Multi-Factor Authentication refers to the process of establishing a user's identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.

1.22 OTP means One-Time Pin or One-Time Password that is used for login to Afirhost systems or for verification purposes.

1.23 RICA means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.

1.24 Services generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.

1.25 Service Order means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Cloud Telecoms to the Client.

1.26 Service Terms means a document describing the terms on which Cloud Telecoms will provide a particular Good or Service, as amended from time to time.

1.27 General Terms means this document.

1.28 Software means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.

1.29 Supplier means a supplier of goods and / or services to Cloud Telecoms.

1.30 Two Factor Authentication refers to the process of establishing a user's identity using various methods, such as one-time pin and security questions.

1.31 User/s means the Client or any other person accessing any the Services provided by Cloud Telecoms.

2. How the Agreement Works

2.1 The Goods and Services that Cloud Telecoms will provide to the Client will be described in Service Orders.

2.2 These General Terms apply to all Services.

2.3 More details of particular Goods or Services may be contained in Service Terms.

2.4 The Service Order(s), Service Terms, and this document together form the Agreement between Cloud Telecoms and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.

2.5 If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.

3. Applications and Initiation

3.1 Cloud Telecoms will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.

3.2 Cloud Telecoms reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.

3.3 An Application must be submitted via the Cloud Telecoms Website or ClientZone. Once an Application is accepted by Cloud Telecoms it becomes a Service Order.

3.4 Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Cloud Telecoms (unless amended or renewed by another Service Order).

3.5 The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.

3.6 The Client consents to Cloud Telecoms carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. Cloud Telecoms may provide information on the Client’s payment record to a credit bureau.

3.7 If the Client is a juristic person, Cloud Telecoms may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, Cloud Telecoms may withhold providing the Services until the surety has been signed.

3.8 Depending upon the Service provided, Cloud Telecoms may be obliged under RICA to obtain certain information and documents from the Client, and Cloud Telecoms may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to Cloud Telecoms.

3.9 If the Client has not complied with a requirement of this clause, Cloud Telecoms may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, Cloud Telecoms may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.

3.10 Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.

4. Client’s Commitments

4.1 The Client confirms that all statements made to Cloud Telecoms are true and correct. Cloud Telecoms reserves the right to request proof of any facts or claims. The Client also commits to providing Cloud Telecoms with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.

4.2 Cloud Telecoms reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.

4.3 The Client (or the Client's agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.

4.4 Cloud Telecoms’s website and attached systems, such as ClientZone, are designed to facilitate reasonable use of the Cloud Telecoms products and Services. Cloud Telecoms reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Cloud Telecoms reserves the right to deem an activity as unreasonable exploitation of the system and will take appropriate action based on the circumstances and severity of the incident(s).

4.5 The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.

4.6 If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to Cloud Telecoms or its staff, Cloud Telecoms reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.

4.7 In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

4.8 Cloud Telecoms reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.

5. Terms Subject to Change

5.1 Cloud Telecoms may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Cloud Telecoms Website, and Cloud Telecoms will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via ClientZone. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Cloud Telecoms Website on a regular basis.

5.2 Cloud Telecoms must give at least one calendar month's notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.

5.3 If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.

5.4 If Cloud Telecoms changes its Fees, the change must take place as described in this clause.

6. Interactions with Staff and Cloud Telecoms Brand

6.1 Clients will be held accountable for their conduct towards Cloud Telecoms staff and in the public domain with regard to allegations or malicious conduct directed towards Cloud Telecoms or its staff.

6.2 Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Cloud Telecoms or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Cloud Telecoms reserves the right to suspend or terminate Services to a Client in such cases.

6.3 Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Cloud Telecoms brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

7. Availability of Services

7.1 Cloud Telecoms cannot guarantee the provision of the requested Service upon the receipt of an Application.

7.2 Provision of the Service is subject to Cloud Telecoms confirming that it is technically feasible to do so.

7.3 Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

8. Choice of Services and Products

8.1 Cloud Telecoms offers online application and signup for all products and Services only via ClientZone. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Cloud Telecoms will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.

8.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (the ECT Act).

8.3 Cloud Telecoms provides Services on the basis of information provided by the Client, and Cloud Telecoms offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.

8.4 Cloud Telecoms reserves the right to stop offering particular Services if it deems it necessary. Cloud Telecoms will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

9. Referral Programme

9.1 Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.

9.2 Should a referred client decide to cancel its services within three months of signup, Cloud Telecoms reserves the right to reverse both the referrer and the referee’s credits.

10. Payment and Penalties

10.1 Cloud Telecoms reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.

10.2 Cloud Telecoms only accepts Debit Order and Visa/Mastercard payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Cloud Telecoms's discretion.

10.3 The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Visa/Mastercard Payments.

10.4 Cloud Telecoms will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.

10.5 If the Client’s debit order bounces for any reason, Cloud Telecoms reserves the right to resubmit the debit order at any time.

10.6 Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). Cloud Telecoms retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.

10.7 Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.

10.8 If the Client remains in default of a monthly Fee for two consecutive calendar months, Cloud Telecoms may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.

10.9 Should the Client settle the unpaid Fee they will be reconnected as described below.

10.10 Cloud Telecoms may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client's payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.

10.11 If the Client’s Services are suspended or terminated for any reason, including non-payment, Cloud Telecoms may charge a Reconnection Fee for subsequent reactivation of services as described in ClientZone. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Cloud Telecoms may charge multiple reconnections Fees where multiple products are affected, and may charge escalating penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Cloud Telecoms's right to enforce such penalties in full at any time (within their discretion).

10.12 Reconnection of Services may be subject to a waiting period of up to 72 hours, at Cloud Telecoms’s discretion, regardless of when payment is received or cleared. 10.13 In cases of suspension of Services due to non-payment, Cloud Telecoms reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.

10.13 Both Admin and Reconnection fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.

10.14 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Cloud Telecoms’s discretion.

10.15 Cloud Telecoms reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Cloud Telecoms’s discretion and may vary. The means and terms of termination will be determined at Cloud Telecoms’s discretion. Notice of termination will be provided to the best of Cloud Telecoms’s ability, but Cloud Telecoms will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.

10.16 Unless otherwise agreed:

10.16.1 Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.

10.16.2 Services are billed in advance and all invoices must be paid by the Client in advance.

10.16.3 Any Services invoiced in arrears are payable on presentation of invoice.

10.16.4 All Fees and other amounts payable are quoted exclusive of VAT.

10.17 Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:

10.17.1 The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.

10.17.2 The prime overdraft rate will be as charged by Cloud Telecoms’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.

10.18 The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.

11. Debit Order Authorization

11.1 By accepting these terms, the Client hereby authorizes Cloud Telecoms to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.

11.2 The Client authorises Cloud Telecoms's nominated agent to debit their bank account or Visa/Mastercard on Cloud Telecoms's behalf (the authorized party).  The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.

11.3 The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

12. Term and Termination

12.1 Cloud Telecoms operates Month-to-Month contracts. Either the Client or Cloud Telecoms may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.

12.2 The Client must give notice of termination to Cloud Telecoms via ClientZone. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Cloud Telecoms will not be liable for any additional costs or compensation due to the error.

12.3 Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.

12.4 The Client acknowledges that Cloud Telecoms may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.

12.5 Cloud Telecoms reserves the right to deactivate or terminate selected Free Products, such as Fax2Email, should they not be used within a prescribed period or at Cloud Telecoms's sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. Cloud Telecoms accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future. For example, should a Fax2Email be deleted if not used within 90 days, Cloud Telecoms makes no warranty that the number can be made available again, and accepts no liability for any consequences resulting in the deletion of the product. Cloud Telecoms reserves the right to terminate products provided as Free products where a breach has occurred (such as non-payment) in relation to other products, whether or not such breach has direct or indirect bearing on the Free product service provision.

13. Transferability

13.1 Should Cloud Telecoms agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.

14. Client Information and Privacy

14.1 Clients signing up for services as a Primary Contact are considered as the client and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the client.

14.2 Cloud Telecoms will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.

14.3 The Client consents to Cloud Telecoms processing Personal Information transmitted to the Cloud Telecoms System in a way which is consistent with the Service being provided. Where the Client's use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies Cloud Telecoms from any claim brought by such third party as a result of its failure to do so.

14.4 Cloud Telecoms may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However Cloud Telecoms gives no warranty in respect of the effectiveness of such backups (if any).

15. Security

15.1 Cloud Telecoms will implement measures in line with Good Industry Practice to ensure the security of the Cloud Telecoms System and the physical security of Cloud Telecoms’s premises, but gives no warranty that breaches of security will not take place.

15.2 If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Cloud Telecoms in an appropriate way that does not further compromise security concerns.

15.3 If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.

15.4 The Client must not do anything that may prejudice the security of the Cloud Telecoms System, and must take all reasonable measures necessary to ensure that:

15.4.1 no unlawful access is gained to Cloud Telecoms’s premises, the Cloud Telecoms System, or the Client’s own system;

15.4.2 no Malicious Code is introduced into the Cloud Telecoms System; and

15.4.3 the Client Data is safeguarded.

15.5 If a security violation occurs, or Cloud Telecoms is of the view that a security violation is imminent, Cloud Telecoms may take whatever steps it considers necessary to maintain the proper functioning of the Cloud Telecoms System including without limitation:

15.5.1 changing the Client’s access codes and passwords (or those of any user of the Cloud Telecoms System), and

15.5.2 preventing access to the Cloud Telecoms System.

15.6 Cloud Telecoms takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.

15.7 The Client must give its full cooperation to Cloud Telecoms in any investigation that may be carried out by Cloud Telecoms regarding a security violation.

15.8 If the Client is providing any service to third parties that makes use of the Cloud Telecoms System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.

15.9 Cloud Telecoms may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on Cloud Telecoms’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.

15.10 By signing up and submitting personal information to Cloud Telecoms, clients expressly agree to validation and verifcation methods such as Two Factor Authentication and/or Multi-Factor Authentication, using personal information submitted, or such information as required by Cloud Telecoms from time to time. The method of verifcation used will be implemented at the discretion of Cloud Telecoms. Clients hereby grant authority to Cloud Telecoms to use personal information for this purpose, including sending OTP information via SMS to their mobile phones.

16. Suspension or Terminations of Service

16.1 Cloud Telecoms may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:

16.1.1 the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Cloud Telecoms’s opinion would have a negative impact on Cloud Telecoms, other clients or Cloud Telecoms’s staff or is detrimental to the welfare, good order or character of Cloud Telecoms; or

16.1.2 Any part of the Client’s Fees are not paid in full when due; or

16.1.3 The information the Client supplied to Cloud Telecoms is found to be incorrect or false;

16.1.4 Cloud Telecoms reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.

16.2 Cloud Telecoms reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:

16.2.1 Will not be eligible for reimbursement / compensation, unless at Cloud Telecoms’s discretion

16.2.2 Will not be eligible for payment under the  Double Money Back Guarantee or similar promotion

16.2.3 May be further barred from signing up for any services with Cloud Telecoms in the future

16.2.4 May be reported to governing bodies, such as ISPA, for listing purposes

16.2.5 May be listed with applicable authorities and credit bureaus.

16.3 The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

17. Limitation of Liability and Indemnity

17.1 CLOUD TELECOMS WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND CLOUD TELECOMS WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN CLOUD TELECOMS EMPLOYEE, VICARIOUS OR STRICT LIABILITY.

17.2 In the event that Cloud Telecoms is nonetheless held liable, the quantum of Cloud Telecoms’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Cloud Telecoms or any other cause.

17.3 USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS CLOUD TELECOMS IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST CLOUD TELECOMS ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

17.4 These limitations on liability and indemnities apply to the benefit of Cloud Telecoms and Cloud Telecoms's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Cloud Telecoms System.

17.5 Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.

17.6 If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over Cloud Telecoms to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 will have full force and effect.

17.7 In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

18. Notices

18.1 All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via ClientZone and Cloud Telecoms reserves the right to ignore any such request made in any other manner.

18.2 The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):

18.2.1 in the case of Cloud Telecoms,

PO Box 77024
Eldoraigne
0171
South Africa,

and

18.2.2 in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.

18.3 Either Party may vary its given postal address or other contact details by notifying the other Party in writing.

18.4 Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (the addressee) which:

18.4.1 is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or

18.4.2 if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or

18.4.3 is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or

18.4.4 is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.

18.5 Despite the above:

18.5.1 any notice that Cloud Telecoms sends by email to an email account hosted on the Cloud Telecoms System by the Client will be deemed to have been received by the Client on  the date of transmission; and

18.5.2 if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

19. Interpretation & General

19.1 Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

19.2 Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.

19.3 Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.

19.4 No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.

19.5 Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.

19.6 Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.

19.7 Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.

1.    Detailed description of goods and/or services

Cloud Telecoms is a business in the Telecommunications Industry.

  2.    Delivery policy

Subject to availability and receipt of payment, requests will be processed within 4 days and delivery confirmed by way ID

3.     Export restriction

The offering on this website is available to South African clients only.

4.     Return and Refunds policy

The provision of goods and services by Cloud Telecoms is subject to availability. In cases of unavailability, Cloud Telecoms will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee.

5.     Customer Privacy policy

Cloud Telecoms shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

6.     Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.

7.     Card acquiring and security

Card transactions will be acquired for Cloud Telecoms via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8.     Customer details separate from card details

Customer details will be stored by (Your Company) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

9.     Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10.  Responsibility

Cloud Telecoms takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11.  Country of domicile

This website is governed by the laws of South Africa and Cloud Telecoms chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

12.  Variation

Cloud Telecoms may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13.  Company information

This website is run by Cloud Telecoms (sole trader / private company / close corporation) based in South Africa trading as

Cloud Telecoms and with registration number 2015/374762/07

14.  Contact details

Physical Address: 1257 Willem Botha Street, Wierdapark, Centurion, 0157

Email: Sales@cloudtelecoms.co.za

Telephone: +27 10 500 7500

1. Line Faults and Repairs

1.1 Cloud Telecoms will be entitled to assume that the Fibre Line provisioned to a Client is in good working order until such time as the Client advises Cloud Telecoms Support of any problems or service breaks.

1.2 Any faults or service interruption should be reported via one of the channels available on the Cloud Telecoms website.

1.3 The last mile provider will attend to faults reported by the Client during office hours and the relevant party will apply its reasonable endeavours to have the Fibre service restored in the shortest possible time.

1.4 IF THE LAST-MILE PROVIDER DETERMINES THAT THE FAULT REPORTED BY THE CLIENT WAS CAUSED BY THE CLIENT, THE CLIENT SHALL BE LIABLE FOR PAYMENT OF THE RELEVANT CALL-OUT CHARGE AS DETERMINED BY THE LAST-MILE PROVIDER FROM TIME TO TIME.

2. Applicable Documents

2.1 The provision of Cloud Telecoms's Fibre Services are subject to Terms and Conditions.

2.2 The following legal documents accordingly apply to the provision of Cloud Telecoms Fibre Services and are binding on any subscriber to such service:

2.2.1 Cloud Telecoms's Acceptable Use Policy (AUP), available on the Cloud Telecoms Website;

2.2.2 Each last mile provider's Standard Terms and Conditions for the provision of Services.

2.2.2.1 Balwin Fibre Standard Terms and Conditions

2.2.2.2 Century City Connect Standard Terms and Conditions

2.2.2.3 Clear Access Standard Terms and Conditions

2.2.2.4 Connectivity Services at Steyn City Standard Terms and Conditions

2.2.2.5 Evotel Standard Terms and Conditions

2.2.2.6 Fibrehoods Standard Terms and Conditions

2.2.2.7 Frogfoot Networks Standard Terms and Conditions

2.2.2.8 Maboneng Standard Terms and Conditions

2.2.2.9 MetroFibre Standard Terms and Conditions

2.2.2.10 Mitsol Standard Terms and Conditions

2.2.2.11 Octotel Standard Terms and Conditions

2.2.2.12 Openserve Standard Terms and Condition

2.2.2.13 SA Digital Villages Standard Terms and Conditions

2.2.2.14 Teralink Networks Standard Terms and Conditions

2.2.2.15 TT Connect Standard Terms and Conditions

2.2.2.16 Vumatel Standard Terms and Conditions

2.3 Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

3. Service availability and confirmation of service availability

3.1 The availability of Fibre Services are subject to the following:

3.1.1 Valid and operational last mile provider service.

3.2 POTENTIAL CLIENTS SHOULD CONFIRM THE AVAILABILITY OF THE LAST-MILE PROVIDER SERVICE IN THEIR PARTICULAR LOCATION PRIOR TO PURCHASING OR ORDERING ANY FIBRE SERVICE OR HARDWARE FROM Cloud Telecoms. THE AVAILABILITY OF FIBRE SERVICES CAN BE CHECKED VIA OUR FIBRE AVAILABILITY MAP ON OUR WEBSITE, BUT Cloud Telecoms MAKES NO WARRANTY AS TO THE ACCURACY OF THIS RESOURCE, WHICH ARE PROVIDED BY OUR LAST-MILE PROVIDER PARTNERS.

3.3 Applicants will be advised after receipt of an order as to whether the relevant Fibre service can be provided.

4. Service Credit

4.1 If the Client wishes to make a claim for service downtime, the Client must log a dispute with Cloud Telecoms, which will take the matter up with the relevant last mile provider. Any refund will be made to the Client by Cloud Telecoms, which has sole discretion whether to accept the Client’s claim. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type except No Service faults.

4.2 The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Cloud Telecoms Support.

5. Cancellations

5.1 Cancellations are made as per the General Terms, and will only be accepted from within ClientZone.

5.2 Cancellation of any Fibre service (Data or Line rental) is the Client's responsibility and all tools to effect such cancellation are provided in ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process (for example whether an Fibre Line Rental service should be moved back to the last mile provider or cancelled entirely). Should the Client incorrectly complete the cancellation process, Cloud Telecoms will not be liable for any additional costs or compensation to the Client due to the error.

6. Amendments

6.1 Amendments to these terms and conditions will be made as set out in the General Terms.

6.2 The Last Mile provider’s Standard Terms and Conditions for the provision of Services also apply to this Service, and may change from time to time. The Client is obliged to check for changes to such terms.

7. Monitoring of Usage

7.1 Cloud Telecoms monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and our Acceptable Use Policy.

8. Identity Verification Requirements (RICA)

8.1 Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload the relevant documents;

8.1.1a full coloured, clear, legible copy of their valid Identity Document or Driver's License.

8.1.2 Non-South African citizens may submit a copy of their valid Passport or International Driver's License.

8.2 Verification documents must contain photo identification.

8.3 Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed.

8.4 Should the Client cancel all current valid Cloud Telecoms Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Cloud Telecoms Services remain active.

9. Disclaimer and Limitation of Liability

9.1 Cloud Telecoms accepts no liability for any loss or damage to the property or equipment of the Client arising out of the provision, installation or maintenance of the Fibre service.

9.2 APPLICATION FOR, USE OF, AND SUBSCRIPTION TO THIS SERVICE IS AT THE SOLE RISK OF THE CLIENT OR APPLICANT.

10. Connect with Cloud Telecoms and Save up to R4000 Offer

10.1 Cloud Telecoms is offering a One-Time credit for all clients towards costs incurred when signing up for Fibre Broadband with Cloud Telecoms. This offer will be available to all signups via the Cloud Telecoms website and other selected channels. Until further notice this promotion will also be active through certain direct marketing channels and clients will need to sign up via the aforementioned direct marketing channels to be eligible for the offer. 

10.2 The overall amount of up to R4000 can be used to offset installation and hardware costs should a user sign up for a new Fibre connection, or alternatively should a user wish to change ISPs, we'll credit their Cloud Telecoms account to re-imburse them for costs leveraged by their previous ISPs to make the switch to Cloud Telecoms.

10.3 Applicable to Vumatel signups only – The overall amount of up to R4000 does NOT cover the Installation Fee. The Installation Fee is directly payable to Vumatel.

10.4 It is important to note that R4000 is the overall maximum amount that Cloud Telecoms will issue as a credit to users regardless of how it is achieved.

10.5 If users sign up for a new connection, the savings will automatically apply on checkout.

10.6 If a user is migrating from another ISP, we'll automatically zero-rate migration fees associated with the last-mile provider (i.e. Vumatel, MetroFibre etc.) and then credit their Cloud Telecoms account for the termination costs charged by their previous ISP (up to the remaining balance of the R4000 maximum) when they submit a copy of the termination settlement to us.

10.7 This offer is available once-off, to one legal entity per address. Should ownership of an address change, the new occupant would become eligible for the offer. Should a legal entity wish to add an additional connection, or cancel and sign up again - this offer will not apply.

10.8 Should a user cancel their Cloud Telecoms Fibre less than 6 months from installation, or their account falls into arrears, they will be charged a cancellation fee of R999.

10.9 We will not credit users, when migrating ISPs, for hardware acquired independently or that is not stated as part of the termination settlement from their previous ISP.

10.10 If a user is signing up via one of our Fibre Partner’s websites, they will need to submit substantiating documentation for installation and other costs via the Cloud Telecoms ClientZone in order for us to credit their Cloud Telecoms account for these costs.

11. Fibre Hardware

11.1 All hardware provided by last-mile providers will remain property of said last-mile provider into perpetuity.

11.2 Should a user cancel their service and not migrate to another ISP on the same last-mile provider, they will be required to return the fibre modem of the last-mile provider as the hardware is provider specific.

11.3 Wi-Fi routers provided by Cloud Telecoms will remain the property of users upon cancellation (subject to any outstanding fees). Wi-Fi routers can be re-used when switching providers and as such do not need to be returned to us.

1. General

1.1 These terms and conditions, together with the General Terms govern the use of all of the Cloud Telecoms Mobile Voice Services.

1.2 By contracting with Cloud Telecoms for the services the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

2. Definitions

2.1  Cloud Telecoms Channel means a facility made available by Cloud Telecoms via the Cloud Telecoms Website, ClientZone or via a mobile application for the purchase of Top-ups and provision of other aspects of the Service.

2.2  Cloud Telecoms SIM means a SIM issued to the Client by Cloud Telecoms.

2.3 Airtime means time during which cellular phone calls can be made and received.

2.4 Apparatus means any mobile, transportable or portable cellular mobile terminal, handset, device, laptop, computer, modem or other apparatus which is approved by ICASA and which is capable of connection by radio interface to the Network. 

2.5 Data means the transmission of broadband internet via the network, attributed to a specific user or account.

2.6 Mobile Number Portability (MNP) means a service that allows a SIM card to change (or port)  telecom carrier networks while keeping the same unique calling number.

2.7 Monthly Allocation means the commencement value of the Client’s Airtime and Data balance at the commencement of each calendar month according to the Client’s selected Service package. 

2.8 Month-to-Month means a Service where the Client makes fixed monthly payments for a Monthly Allocation, terminable on a calendar month’s notice.

2.9 MTN means Mobile Telephone Networks (Pty) Ltd.

2.10 PII Consent means the Client’s consent to process personal information via MTN as described in clause 12.

2.11 Prepaid means a Service which is paid in advance and requires no further payment until the expiry of the term of the Service.

2.12 Roaming means the ability to make and receive voice calls, send and receive Data, and access other services when travelling outside of the geographical area of MTN’s network.

2.13 SIM or SIM card means the Subscriber Identity Module allocated to a user to gain access to the network.

2.14 MSISDN means is a number uniquely identifying a subscription in a mobile network.

2.15 SMS (Short Message Service) means a text messaging service

2.16 Top-up means to purchase additional services from the service provider such as Airtime or Data.

2.17 Value Added Services (VAS) means charged at the VAS Call Rate, are provided by MTN and/or Value Added Service Providers in order to make available to MTN customers a selection of value added services provided by means of the MTN Network.  Value-Added Services are defined as non-core services, or in short, all services beyond standard voice calls, the content of which may not have anything to do with MTN’s mobile network and/or services. 

3. Service Descriptions

3.1 Cloud Telecoms will provide Data and Airtime provided by MTN to Clients on the terms set out in this Agreement.

3.2 Provision of services by Cloud Telecoms will also make Value Added Services (VAS) offered by MTN and third party providers available to the Client, use of which is at the Client’s own risk and may affect the Airtime or Data balance purchased from Cloud Telecoms.

3.3 In addition to Cloud Telecoms’s Acceptable Use Policy, the Client must comply with MTN’s Terms and Conditions (available at https://www.mtn.co.za/pages/website_legal.aspx or otherwise as published by MTN from time to time) , which are incorporated by reference into this Agreement.

3.4 Clients may not resell Cloud Telecoms Services to third parties.

4. Clients as Natural Persons

4.1 Cloud Telecoms can only perform RICA checks on natural persons (individuals), and as a result the Agreement for provision of the Service will always be with a natural person. Cloud Telecoms assumes that the Client will apply for and make use of the Service in its capacity as a natural person, and not as the representative of a juristic person (such as a company). The Client will be personally responsible for its use of the Service and all obligations under this Agreement. 

5. Identity Verification Requirements

5.1 Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009), and will not be provided before such process has been completed to Cloud Telecoms’s satisfaction. Clients are required to present their original valid Identity Document, as well as a clear, legible copy. Non-South African citizens may submit a copy of their valid Passport along with supporting documents upon request. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated or handed over, regardless of any pro-rata amounts billed.

5.2 Should the Client cancel all current valid Data Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Data Services remain active.

5.3 If a Client sells or in any manner provides an activated SIM to any other person who is not a family member, then the Client must immediately notify Cloud Telecoms so that the RICA process can be carried out for that other person.

5.4 RICA can be performed upon receipt of a SIM at Cloud Telecoms’s Walk-In Centre, by Cloud Telecoms’s delivery agent, or through an authorised RICA agent (for non- Cloud Telecoms SIMs).

5.5 Clients will be presumed to have visited Cloud Telecoms’s RICA Information page on how the RICA process works and what documents are acceptable. (https://www. Cloud Telecoms.com/site/page/rica_information). 

6. Number Porting

6.1 If the Client wishes to use an existing mobile number (MSISDN) for the Service and the Client does not possess an existing MTN SIM, the Client must port its existing mobile number onto the MTN network before it can make use of the Service.

6.2 Porting of mobile numbers is undertaken by MTN at the Client’s request. Cloud Telecoms will not initiate or facilitate number porting in any way. Clients are solely responsible for following and completing the porting process from other network operators to MTN, using the MNP service.

6.3 If number porting is delayed or fails, for any reason including due to incomplete information supplied, PII Consent not granted to Cloud Telecoms, or required actions not completed by the Client, MTN or the other network operator, then Cloud Telecoms will not be liable for any loss that the Client may suffer as a result. Responsibility will lie solely with the Client to complete the porting process.

7. SIM Cards

7.1 The Client is required to insert an appropriate SIM Card into the Apparatus in order to make use of the Service. This SIM may either be an existing MTN SIM or a SIM allocated to the Client by Cloud Telecoms.

7.2 Clients must ensure that SIMs are used in suitable Apparatus, and are only used as intended by the manufacturer of the SIM and Apparatus. Cloud Telecoms will not be liable for any claims made as a result of misuse or abuse of SIM cards resulting in loss of access to service or loss of Airtime or Data. This will also apply to the Airtime voucher (where applicable), or any MTN Airtime associated with the SIM card or cell phone number.

7.3 Risk in SIMs passes to Clients on delivery of the SIM to Clients, who are solely responsible for the care and safekeeping of SIM cards issued to them. MTN will NOT stop the service on the stolen/lost or damaged SIM. The Client must apply for a SIM Swap via MTN in such event to regain access to the Service.

7.4 In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:

7.4.1 Notify Cloud Telecoms or MTN directly of the loss of the SIM immediately.

7.4.2 Notify the South African Police Services of the loss within 24 hours.

7.5 Failure to notify the correct authorities of the loss of a SIM may result in criminal charges against the Client.

7.6 A Client using an Cloud Telecoms SIM card agrees that it will not use (or allow another to use) the MTN network services, including the SIM card, for any improper or unlawful purpose, in a manner which may cause injury or damage to persons or property or which may impair or interrupt the MTN network.

7.7 Clients may only use Apparatus approved by ICASA on the MTN network (please see http://www.icasa.org for more details). Clients further agree that they will not (or allow another to) alter, modify or tamper with the software contained in, or relating to, any SIM card. MTN reserves the right to block any SIM or Apparatus from operating on the MTN network.

7.8 Cloud Telecoms SIM cards carry a  warranty of 6 (six) months, but if the SIM card has been destroyed due to the PUK number being entered incorrectly more than 9 (nine) times, user negligence, or any other reason, Cloud Telecoms will not be under any obligation to replace the SIM card free of charge.

International Roaming will automatically be activated on all Cloud Telecoms SIMs. Clients wanting to cancel this service, or re-activate once cancelled, will need to do so directly with MTN.

8. Allocation of Airtime and Data

8.1 For Month-to-Month Services:

8.1.1 Clients will be allocated a monthly amount of Airtime (voice minutes) and Data (bandwidth) each month in accordance with their selected package.

8.1.2 Airtime will be allocated on a package replenishment basis. This means that Clients’ Airtime will be replenished to bring their Airtime balance to up to their package Monthly Allocation at the beginning of each new calendar month. The replenishment amount will thus vary from month to month, according to the amount of Data used in the previous month.

8.1.3 SHOULD TOP-UPS (AS DESCRIBED BELOW) HAVE BROUGHT THE AIRTIME BALANCE ABOVE THE MONTHLY ALLOCATION, Cloud Telecoms WILL NOT ALLOCATE ANY FURTHER AIRTIME AT THE COMMENCEMENT OF THE FOLLOWING CALENDAR MONTH

8.1.4 Monthly Mobile Data will be allocated in accordance with the Mobile Data Terms and Conditions.

8.2 For Prepaid Services: Clients will purchase Data and Airtime via Cloud Telecoms Channel

9. Rollover for Bandwidth (Data)

9.1 Rollover of unused bandwidth and airtime is only offered with Cloud Telecoms's Prepaid Packages (Prepaid Data may also expire under certain conditions based on 12 month validity of Data). If the Client selects a fixed cap package, bandwidth not utilised during the relevant period is not carried over and is lost. A fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month.

9.2 Rollover of unused Data and Airtime is not available for Month-to-Month Services.

10. Topping Up of Airtime and Data

10.1 If the Client exhausts the purchased Airtime or Data or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.

10.2 Clients can manually Top-up via the Cloud Telecoms Channel. There is no limit to the aggregate of manual Top-ups that a Client may perform during a calendar month.

10.3 Automatic Topups will be ENABLED by default for both Data and Voice for Month-to-month Services, and will operate as follows if enabled:

10.3.1 If the Client’s Data or Airtime balance (as the case may be) falls below a minimum threshold the account will automatically be Topped up by a certain increment. The minimum threshold and the Topup increment will be as published on the Cloud Telecoms Website from time to time.

10.3.2 The aggregate of automatic Topups made any calendar month will never exceed the Monthly Allocation.

10.3.3 Top-ups for Data will expire at the end of the following calendar month from the date of purchase. e.g. a Top-up purchased on 15 December will expire on 31 January.

10.4 Automatic Topups will be DISABLED by default for both Data and Voice for Prepaid Services, and will operate as follows if enabled:

10.4.1 If the Client’s Data or Airtime balance (as the case may be) falls below a minimum threshold the account will automatically be Topped up by a certain increment.

10.4.2 The Client must nominate the minimum threshold and the Topup increment using the Cloud Telecoms Channel.

10.4.3 Topups for Data will expire at the end of the following calendar month from the date of purchase. e.g. a Topup purchased on 15 December will expire on 31 January.

10.5 The minimum threshold may also be used for threshold usage notifications to be sent by Cloud Telecoms to the Client.

10.6 Clients can enable or disable automatic Topup for Date or Airtime via the Cloud Telecoms Channel.

10.7A Topup may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.

10.8 Topping up Airtime may result in Data access for opt-in Clients who have access to other APNs. As per clause 11.3, Clients are responsible for choosing the correct APN on their device.  Should a Client use an incorrect APN (i.e. not Cloud Telecoms) under these circumstances, their Airtime may be used to purchase data access and may not be subject to the same usage rates as Data Topups. The rates will be set by MTN on their network.

10.9 Airtime will be deemed to have been delivered to a Client’s account or MSISDN once the new balance reflects on MTN’s system.

10.10 Clients using an Cloud Telecoms SIM can only Topup Data via an Cloud Telecoms Channel.

10.11 Clients who opt-in to the Cloud Telecoms offering as an Existing MTN Prepaid Subscriber using their existing SIM, will be able to Topup Data from both Cloud Telecoms and other channels. 

11. Access Point Name

11.1 Clients must enter the correct Access Point Name (APN) in their Apparatus to make use of the Service. Cloud Telecoms will notify Clients of the appropriate APN.

11.2 Clients may be restricted to using certain APN settings on Cloud Telecoms SIM cards.

11.3 Clients using existing SIMs issued by MTN or other authorised distributors may have access to other APN settings. Clients will be responsible for choosing the appropriate APN for use on their Apparatus which will allow them to make use of the Service. (i.e. The Cloud Telecoms Data offering will require the  Cloud Telecoms APN and any other Data vouchers will need to be consumed on the Internet or myMTN APN).

11.4 IF THE CLIENT DOES NOT ENTER THE CORRECT APN IT MAY BE UNABLE TO ACCESS THE SERVICE, AND Cloud Telecoms WILL NOT BE RESPONSIBLE FOR ANY AIRTIME LOST BY THE CLIENT AS A RESULT.

12. Client Information Processing

12.1 By making use of an Cloud Telecoms SIM card, Clients consent to the MTN data collection, use and sharing practices described in the MTN Privacy Policy, which can be viewed at http://www.mtn.co.za.

12.2 Clients confirm that all information supplied to Cloud Telecoms is correct and up to date.

12.3 In order to provide the Service, Cloud Telecoms must access certain of the Client’s personal information which is held by MTN, including:

12.3.1 call history; and

12.3.2 account balances.

12.4 The Client must consent to Cloud Telecoms accessing the above information.

12.5 The Client also consents to Cloud Telecoms allocating the Client’s Monthly Allocation and setting up threshold usage notifications.

12.6 MTN will provide the facility for the Client to provide consent. THE CLIENT ACKNOWLEDGES THAT Cloud Telecoms WILL BE UNABLE TO PROVIDE THE SERVICE UNTIL THE CLIENT HAS DONE SO, OR IF THE CLIENT WITHDRAWS SUCH CONSENT.

12.7 Cloud Telecoms does not store or retain such information and this is only available on request by the Client and for display to the Client via the Cloud Telecoms system.

12.8 This information is not available to Cloud Telecoms personnel with the exception of balances for Data and Airtime which are used for the purposes of providing support and client services.

12.9 Clients consent to Cloud Telecoms making use (processing) the clients’ personal information as described in this clause.

12.10 When Clients deactivate the Cloud Telecoms service offering via the Cloud Telecoms, or MTN Call Centre at 173, or if the Agreement terminates for any reason, the above consent will automatically be removed and Cloud Telecoms will no longer access the personal information as described above.

13. Coverage and Signal Availability

13.1 Delivery of mobile services (Airtime and Data) is dependent on signal availability and demand for services in any particular area. Cloud Telecoms does not warrant or guarantee service for any specific areas, whilst every effort will be made to give Clients an indication of possible service (via the Coverage Map). Cloud Telecoms accepts no liability should the aforementioned map differ to actual service experienced.

13.2 Subscribers will be billed at International Roaming rates when Roaming for both voice, data and other services regardless of their SIM affiliation i.e. supplied by Cloud Telecoms or other service provider

14. Promotions

14.1 Clients using the Service will still be able to participate in promotions received via MTN, such as competitions and free Data or Airtime promotions. Such participation is not envisioned to affect Cloud Telecoms’s service provision, however, should such interference occur, Cloud Telecoms will not be liable for any loss that the Client may suffer, and such participation is undertaken at the Client’s risk, specifically with reference to clause 11 of these terms.

15. Further Terms

15.1 Any further terms relating to this Service which are published via other mediums (such as on packaging) will form part of these terms and conditions and will be binding on the Client and Cloud Telecoms.

16. Suspension/Disconnection

16.1 In addition to the grounds for suspension or termination of Service set out in the General Terms, MTN may itself suspend or cancel any cellphone number on the MTN network in the case of violation of MTN’s Terms and Conditions of Service or Acceptable Usage Policy as set out in those documents.

16.2 Note in particular that the Services may be suspended or terminated for the following reasons:

16.2.1 Technical failure (suspension only);

16.2.2 Maintenance or remedial work (suspension only);

16.2.3 the cellphone number being inactive for 90 (ninety) consecutive days

16.2.4 Incomplete RICA or failure to produce documents upon reasonable request;

16.2.5 The Client ports its number away from MTN (termination); or

16.2.6 Instruction from ICASA or other statutory or governing body;

16.3 IN THE CASE OF SUSPENSION, CLIENTS WILL BE LIABLE FOR ANY REASONABLE ADMIN OR RECONNECTION FEES [SA1] CHARGED BY MTN OR BY Cloud Telecoms (AS PER SECTION 10 OF Cloud Telecoms’S GENERAL TERMS), AND MAY NOT BE ABLE TO ACCESS SERVICES UNTIL SUCH FEES ARE SETTLED IN FULL WITH BOTH PARTIES.

17. Limitation of Liability

17.1 IN ADDITION TO THE LIMITATIONS ON LIABILITY AND INDEMNITIES SET OUT IN THE GENERAL TERMS, Cloud Telecoms WILL NOT BE LIABLE FOR, AND THE CLIENT AGREES TO INDEMNIFY AND HOLD Cloud Telecoms HARMLESS AGAINST LOSS CAUSED BY OR RELATED TO:

17.1.1 SERVICE INTERRUPTION OR FAILURE FOR ANY REASON WHATSOEVER (INCLUDING INTERRUPTION TO CALLS, SMS OR DATA USAGE);

17.1.2 MODIFICATION, SUSPENSIONS OR DISCONTINUATION OF SERVICES, VALUE ADDED SERVICES OR PRODUCT FEATURES BY MTN;

17.1.3 DELAY OR FAILURE IN MOBILE NUMBER PORTING;

17.1.4 FAILURE TO REPORT A LOST, STOLEN OR DAMAGED SIM CARD AS REQUIRED;

17.1.5 INCORRECT OR OUT OF DATE INFORMATION PROVIDED BY THE CLIENT TO Cloud Telecoms OR MTN; OR

17.1.6 ERROR, DELAY, FAILURE OR NON-AVAILABILITY OF THE SERVICE AND ANY LOSS OR DAMAGE WHICH MAY RESULT FROM USE OR POSSESSION OF AN Cloud Telecoms SIM, OR USE OF THE MTN NETWORK.

For the purpose of this policy, DSL encompasses the provision of ADSL and VDSL services.

1. Best effort Service

1.1 Cloud Telecoms will provide DSL Line rental services to the Client based on the following conditions:

1.1.1 DSL Line rental support will be provided on a best-effort basis as is available via Telkom.

1.1.2 No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

1.1.3 The specifications of this Service are subject to change and will be provided as per the DSL Profile information updates available from Telkom.

1.1.4 DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

2. Telkom Voice Line Rental

2.1 Cloud Telecoms does not provide the voice line required for ADSL Line Rental. Telkom conditions apply to the access and costs related these non- Cloud Telecoms contingencies. As a minimum Telkom requires that voice lines remain active in order to provide ADSL services.

3. Faults and Repairs

3.1 Cloud Telecoms will be entitled to assume that DSL service provision to a Client is in good working order until such time as the Client advises Cloud Telecoms Support of any problems or service breaks.

3.2 Any faults or service interruption should be reported via one of the following channels:

3.2.1 online at http://czone.cloudtelecoms.co.za/;

3.2.2 email support@cloudtelecoms.co.za;

3.2.3 call the Cloud Telecoms Support during office hours on 0105007500;

3.3 Telkom will attend to faults reported by the Client during office hours and the relevant party will apply its reasonable endeavours to have the DSL Service restored in the shortest possible time.

3.4 If Telkom determines that the fault reported by the Client was caused by Client equipment which is not covered by a maintenance agreement with Cloud Telecoms, the Client shall be liable for payment of the relevant call-out charge as determined by Telkom from time to time.

4. Exchange Congestion

4.1 Cloud Telecoms has no authority over the maintenance and capacity of Telkom exchanges. At present there is also no reporting or escalation agreement available from Telkom to address congestion on a Client’s behalf. In the case of congested exchanges, Cloud Telecoms will endeavour to obtain as much information as possible on a Client’s behalf, but will ultimately not be held responsible or liable for degraded DSL performance due to congested exchanges.

5. Service Credit

5.1 If the Client wishes to make a claim for service downtime, the Client must log a dispute with Cloud Telecoms, which will take the matter up with Telkom. Any refund will be made to the Client by Cloud Telecoms, which has sole discretion whether to accept the Client’s claim. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type except No Service faults. 

5.2 The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Cloud Telecoms Support.

6. Cancellations

6.1 Cancellations are made as per the General Terms, and will only be accepted from within ClientZone.

6.2 Cancellation of any DSL Service (Data or DSL Line rental) is the Client's responsibility and all tools to effect such cancellation are provided in ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process (for example whether an ADSL Line Rental service should be moved back to Telkom or cancelled entirely). Should the Client incorrectly complete the cancellation process, Cloud Telecoms will not be liable for any additional costs or compensation to the Client due to the error.

7. Amendments

7.1 Amendments to these terms and conditions will be made as set out in the General Terms.

7.2 Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services also apply to this Service, and may change from time to time. The Client is obliged to check for changes to such terms.

},{tab_title:DSL Broadband,tab_content:

1. General

1.1 For the purpose of this policy, DSL encompasses the provision of ADSL and VDSL services.

1.2 These terms and conditions, together with the General Terms govern the use of all of the Cloud Telecoms DSL Services. Cloud Telecoms offers both capped and uncapped DSL Services.

1.3 By contracting with Cloud Telecoms for the services the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

2. Applicable Documents

2.1 The provision of Cloud Telecoms's DSL Service is subject to the provision of upstream services by MTN. The following legal documents accordingly apply to the provision of the Cloud Telecoms DSL service and are binding on any subscriber to such service:

2.1.1 Cloud Telecoms's Acceptable Use Policy (AUP), available on the Cloud Telecoms Website;

2.1.2 Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops

2.2 Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

3. Identity Verification Requirements (RICA)

3.1 Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload a clear, legible copy of their valid Identity Document or Driver's License. Non-South African citizens may submit a copy of their valid Passport or International Driver's License. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed.

3.2 Should the Client cancel all current valid DSL Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified DSL Services remain active.

4. Best Effort Service

4.1 Cloud Telecoms will provide DSL Broadband services to the Client based on the following conditions:

4.1.1 DSL speeds will be provided on a best-effort basis, subject to Telkom line constraints and demand on the Cloud Telecoms network at any given point.

4.1.2 DSL Service is not provided on a 1:1 ratio, but is essentially provided on a shared resource basis. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

4.1.3 DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

5. Service availability and confirmation of service availability

5.1 Availability of DSL Service is subject to the following:

5.2 Valid and operational Telkom telephone service.

5.3 Potential clients should confirm the availability of the Telkom service in their particular location prior to purchasing or ordering DSL Data, a DSL modem or other hardware. The availability of DSL Services can be checked here, but Cloud Telecoms makes no warranty as to the accuracy of this resource, which is not operated by Cloud Telecoms.

5.4 Applicants will be advised after receipt of an order as to whether the DSL access service can be provided.

6. Payment and payment terms

As per General Terms.

7. Term and Termination

As per General Terms.

8. Rollover of Bandwidth

8.1 Please note that the rollover of unused bandwidth is only offered with Cloud Telecoms's prepaid packages (Prepaid Data may also expire under certain conditions based on 12 month validity of data). If the Client selects a fixed cap package, bandwidth not utilised during the relevant period is not carried over and is lost. A fixed cap subscriber will then be re-allocated bandwidth at the commencement of the next month.

9. Topping-up Bandwidth

9.1 If the Client exhausts the purchased bandwidth or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.

9.2A Topup may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.

10. Concurrency

10.1 Cloud Telecoms Uncapped and Priority Packages allow only one connection and user for each account while the Capped Packages allow multiple simultaneous connections (dependant on product specifications) from different locations for each account.

11. Monitoring of Usage

11.1 Cloud Telecoms takes steps to monitor the bandwidth usage of Clients so as to ensure that Client bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL Service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the Client's DSL session is terminated. As a result, a Client's current session will be automatically terminated for a very short period of time every 24 hours.

11.2 Cloud Telecoms further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating Client DSL sessions.

11.3 Where a Client exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:

11.3.1 Cloud Telecoms, at its sole discretion, may allow a degree of over usage;

11.3.2 Such allowed over usage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Cloud Telecoms's rights to enforce the hard cap.

11.3.3 Cloud Telecoms may, in its sole discretion, recover the cost of the over usage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased.

11.4 NOTWITHSTANDING THE MONITORING OF USAGE THE CLIENT AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.

11.5 Cloud Telecoms also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and AUP.

11.6 Clients can proactively manage their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to Cloud Telecoms ClientZone - https://czone.cloudtelecoms.co.za/. Cloud Telecoms however, makes no warranty as to the accuracy of the information returned by this facility and particularly notes that the information reflected by it may be up to 48 hours out of date.

12. Disclaimer and Limitation of Liability

12.1 Cloud Telecoms accepts no liability for any loss or damage to the property or equipment of the Client arising out of the provision, installation or maintenance of the DSL access service.

12.2 APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE CLIENT OR APPLICANT.

12.3 Clients are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to maintain ClientZone security. Cloud Telecoms accepts no liability for any loss or damage suffered by Clients as a result of unauthorised use of Clients' authentication credentials.

12.4 The provision of the Cloud Telecoms DSL Service is subject to:

12.4.1 The availability of upstream and network services;

12.4.2 Network availability;

12.4.3 Distance of the applicant from the local exchange;

12.4.4 Copper quality as provided by Telkom; and

12.4.5 Line sync speed limitations as may be applied or incurred through Telkom.

12.5 Cloud Telecoms reserves the right to refuse DSL Service based on network, domain and/or equipment identifiers.

1. Introduction

1.1 In addition to the General Terms, these terms and conditions govern the use of the Cloud Telecoms domain registration and hosting services. By contracting with Cloud Telecoms for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

2. Domain Registration

2.1 Cloud Telecoms registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Cloud Telecoms server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Cloud Telecoms.

2.2 Cloud Telecoms registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Cloud Telecoms may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

2.3 Cloud Telecoms’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. Cloud Telecoms will not pay for registration if it is not combined with any of their hosting products.

2.4 The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Cloud Telecoms may post links to these terms and conditions on the Cloud Telecoms Website purely as a convenience to the Client.

2.5 Where Cloud Telecoms is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Cloud Telecoms will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

2.6 Cloud Telecoms will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Cloud Telecoms cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

3. Free Domain Registration

3.1 Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Cloud Telecoms for a reasonable period. Cloud Telecoms reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at Cloud Telecoms’s sole discretion.

3.2 Cloud Telecoms reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Cloud Telecoms’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice Cloud Telecoms’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.

3.3 Cloud Telecoms will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.

3.4 Cloud Telecoms only offers Free Domain registration for .co.za domains with new hosting package signups, or Domain Parking offered as a Free Gift in ClientZone. Other TLDs or gTLDs are not included in the Free Domain Registration offer. Cloud Telecoms will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Cloud Telecoms will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Cloud Telecoms with the registrar concerned.

4. Domain Transfer

4.1 Cloud Telecoms will transfer existing (registered) domains from existing hosting providers to Cloud Telecoms's DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Cloud Telecoms from any disputes regarding ownership of the domain and any claims as a result thereof.

5. Cancellation

5.1 Cancellation will be dealt with as per the General Terms.

5.2 Cancellation, by the Client or Cloud Telecoms, will result in any data being permanently removed from Cloud Telecoms’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Cloud Telecoms will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Cloud Telecoms will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

6. Payment and Payment Terms

6.1 Payment will be dealt with as per the General Terms.

6.2 In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

7. Liability for Registration and Use of Domain Names

7.1 Cloud Telecoms has not and does not conduct pre-registration searches in respect of the Client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

7.2 Cloud Telecoms reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Cloud Telecoms will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

7.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

7.4 The Client indemnifies Cloud Telecoms by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.

7.5 Cloud Telecoms cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Cloud Telecoms may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Cloud Telecoms shall be allowed to provide a complainant with the Client's name and address and all further communication will exclude Cloud Telecoms and Cloud Telecoms will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Cloud Telecoms until a court or other body with jurisdiction directs otherwise.

8. Hosting Services

8.1 Cloud Telecoms does NOT provide SMTP mail services by default with shared hosting packages.

8.2 Cloud Telecoms reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

8.3 Cloud Telecoms reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

8.4 Cloud Telecoms reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Cloud Telecoms Server to ensure compliance with this Agreement, Cloud Telecoms’s AUP, or any applicable laws regulations or codes of practice.

8.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

9. Backups

9.1 Clients are solely responsible for backing up their data and Cloud Telecoms strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Cloud Telecoms will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

9.2 Cloud Telecoms may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, Cloud Telecoms does not warrant or guarantee the availability, completeness or up to date status of such backups.

9.3 Clients are ultimately responsible for their own data, and Cloud Telecoms strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

9.4 Cloud Telecoms also cannot guarantee the condition or fitness of any backups provided. Such backups are provided as is and are used at the Client’s own risk and discretion - whether restored by Cloud Telecoms by instruction from Clients or by Clients themselves.

9.5 Cloud Telecoms will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

10. Dedicated Servers

10.1 Cloud Telecoms provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Cloud Telecoms at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Cloud Telecoms property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. Cloud Telecoms, at its discretion, may refuse such requests within reason.

11. Cloud Hosting

11.1 Cloud Telecoms reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Cloud Telecoms deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

11.2 Cloud Telecoms deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.

11.3 Cloud Telecoms strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of Cloud Telecoms’s AUP and Terms & Conditions (contrary to the intended use of the product).

11.4 Cloud Telecoms also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

11.5 Cloud Telecoms may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

11.6 Cloud Telecoms reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

12. 100% Website Uptime Guarantee

12.1 Cloud Telecoms guarantees that its hosting services will attain 100% availability, subject to the following.

12.2 The 100% website uptime guarantee is applicable only if the web server on which a Client's  web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client's ISP's link to the respective data centre goes down or is faulty, but the web server Cloud Telecoms hosts is still up, Cloud Telecoms is not responsible for the Client not being able to reach their website.

12.3 Cloud Telecoms is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.

12.4 The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Cloud Telecoms web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

12.5 The 100% uptime guarantee does not apply if Cloud Telecoms suspends the Client’s Service as allowed in terms of this Agreement.

12.6 Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

12.7 Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to Cloud Telecoms for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

12.8 The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Cloud Telecoms accepts no responsibility.

13. Use at Client’s Risk

13.1 Cloud Telecoms will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Cloud Telecoms network and in no way moderates such content.

13.2 Clients expressly agree that use of Cloud Telecoms's Server(s) and Services are at the Client's sole risk.

14. Spam/Virus Filtering

14.1 Cloud Telecoms provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client 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 Client. The Client acknowledges and agrees that Cloud Telecoms shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

14.2 Cloud Telecoms reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

15. Webmail

15.1 Webmail and other web-based email services made available by Cloud Telecoms are provided on an as is basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Cloud Telecoms 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 Cloud Telecoms. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

16. Limitation on Mail Size

16.1 Individual mail sent to the Client's POP3/IMAP box or forwarded to the Client's existing email address may be limited to 3000kB in size each.

17. Takedown Notice Procedure

17.1 In terms of section 75 of the Electronic Communications and Transactions Act (the ECT Act) the Internet Service Providers' Association (ISPA) can instruct Cloud Telecoms to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:

Postal address: PO Box 518, Noordwyk, 1687, Midrand

Tel: 010 500 1200

Email: takedown@ispa.org.za

Should Cloud Telecoms receive a takedown notice from ISPA, Cloud Telecoms will endeavour to:

1. Notify the Client in good time of the takedown notice.

2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.

3. Takedown any sites or services which are included in the ISPA takedown notice.

18. Retention of Rights

18.1 Cloud Telecoms makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Cloud Telecoms and retention of data does not directly or indirectly give ownership of Cloud Telecoms hardware to Clients.

19. IP Addresses

19.1 Cloud Telecoms will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at Cloud Telecoms’s discretion and on a first come first serve basis.

20. Software Updates

20.1 Cloud Telecoms will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

20.2 Cloud Telecoms will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). Cloud Telecoms will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered.

21. Disclaimers, Limitations and Indemnities

21.1 Cloud Telecoms will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected domain names/s OR ANY ACTION TAKEN BY Cloud Telecoms IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

21.2 The Client hereby indemnifies and holds harmless Cloud Telecoms against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if Cloud Telecoms has been advised of the possibility of such damages;

21.3 Cloud Telecoms will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

21.4 Neither Cloud Telecoms, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Cloud Telecoms's 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 Cloud Telecoms Server service, unless otherwise expressly stated in this Agreement.

21.5 Cloud Telecoms expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Cloud Telecoms specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

21.6 Cloud Telecoms is not responsible if an external company network and firewall is setup to block access to services Cloud Telecoms provides. If a Client's network is setup to block certain ports or web addresses that compromise the services Cloud Telecoms provides it is the Client's responsibility to ensure that their network configurations are changed as necessary.

21.7 Clients also hereby indemnify Cloud Telecoms against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Cloud Telecoms to share or cover such losses or liability, either directly or indirectly. Cloud Telecoms is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

1. Introduction

1.1 In addition to the General Terms, these terms and conditions govern the use of the Cloud Telecoms domain registration and hosting services. By contracting with Cloud Telecoms for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

2. Domain Registration

2.1 Cloud Telecoms registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Cloud Telecoms server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Cloud Telecoms.

2.2 Cloud Telecoms registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Cloud Telecoms may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

2.3 Cloud Telecoms’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. Cloud Telecoms will not pay for registration if it is not combined with any of their hosting products.

2.4 The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Cloud Telecoms may post links to these terms and conditions on the Cloud Telecoms Website purely as a convenience to the Client.

2.5 Where Cloud Telecoms is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Cloud Telecoms will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

2.6 Cloud Telecoms will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Cloud Telecoms cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

3. Free Domain Registration

3.1 Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Cloud Telecoms for a reasonable period. Cloud Telecoms reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at Cloud Telecoms’s sole discretion.

3.2 Cloud Telecoms reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Cloud Telecoms’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice Cloud Telecoms’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.

3.3 Cloud Telecoms will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.

3.4 Cloud Telecoms only offers Free Domain registration for .co.za domains with new hosting package signups, or Domain Parking offered as a Free Gift in ClientZone. Other TLDs or gTLDs are not included in the Free Domain Registration offer. Cloud Telecoms will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Cloud Telecoms will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Cloud Telecoms with the registrar concerned.

4. Domain Transfer

4.1 Cloud Telecoms will transfer existing (registered) domains from existing hosting providers to Cloud Telecoms's DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Cloud Telecoms from any disputes regarding ownership of the domain and any claims as a result thereof. 

5. Cancellation

5.1 Cancellation will be dealt with as per the General Terms.

5.2 Cancellation, by the Client or Cloud Telecoms, will result in any data being permanently removed from Cloud Telecoms’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Cloud Telecoms will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Cloud Telecoms will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

6. Payment and Payment Terms

6.1 Payment will be dealt with as per the General Terms.

6.2 In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

7. Liability for Registration and Use of Domain Names

7.1 Cloud Telecoms has not and does not conduct pre-registration searches in respect of the Client's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.

7.2 Cloud Telecoms reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Cloud Telecoms will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

7.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

7.4 The Client indemnifies Cloud Telecoms by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.

7.5 Cloud Telecoms cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Cloud Telecoms may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Cloud Telecoms shall be allowed to provide a complainant with the Client's name and address and all further communication will exclude Cloud Telecoms and Cloud Telecoms will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Cloud Telecoms until a court or other body with jurisdiction directs otherwise.

8. Hosting Services

8.1 Cloud Telecoms does NOT provide SMTP mail services by default with shared hosting packages. 

8.2 Cloud Telecoms reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

8.3 Cloud Telecoms reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

8.4 Cloud Telecoms reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Cloud Telecoms Server to ensure compliance with this Agreement, Cloud Telecoms’s AUP, or any applicable laws regulations or codes of practice.

8.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS).  If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

9. Backups

9.1 Clients are solely responsible for backing up their data and Cloud Telecoms strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Cloud Telecoms will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

9.2 Cloud Telecoms may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, Cloud Telecoms does not warrant or guarantee the availability, completeness or up to date status of such backups.

9.3 Clients are ultimately responsible for their own data, and Cloud Telecoms strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

9.4 Cloud Telecoms also cannot guarantee the condition or fitness of any backups provided. Such backups are provided as is and are used at the Client’s own risk and discretion - whether restored by Cloud Telecoms by instruction from Clients or by Clients themselves.

9.5 Cloud Telecoms will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

10. Dedicated Servers

10.1 Cloud Telecoms provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Cloud Telecoms at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Cloud Telecoms property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. Cloud Telecoms, at its discretion, may refuse such requests within reason.

11. Cloud Hosting

11.1 Cloud Telecoms reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Cloud Telecoms deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

11.2 Cloud Telecoms deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.

11.3 Cloud Telecoms strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of Cloud Telecoms’s AUP and Terms & Conditions (contrary to the intended use of the product).

11.4 Cloud Telecoms also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

11.5 Cloud Telecoms may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

11.6 Cloud Telecoms reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

12. 100% Website Uptime Guarantee

12.1 Cloud Telecoms guarantees that its hosting services will attain 100% availability, subject to the following.

12.2 The 100% website uptime guarantee is applicable only if the web server on which a Client's  web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client's ISP's link to the respective data centre goes down or is faulty, but the web server Cloud Telecoms hosts is still up, Cloud Telecoms is not responsible for the Client not being able to reach their website.

12.3 Cloud Telecoms is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client's internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.

12.4 The 100% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Cloud Telecoms web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

12.5 The 100% uptime guarantee does not apply if Cloud Telecoms suspends the Client’s Service as allowed in terms of this Agreement.

12.6 Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

12.7 Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to Cloud Telecoms for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.

12.8 The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Cloud Telecoms accepts no responsibility.

13. Use at Client’s Risk

13.1 Cloud Telecoms will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Cloud Telecoms network and in no way moderates such content.

13.2 Clients expressly agree that use of Cloud Telecoms's Server(s) and Services are at the Client's sole risk.

14. Spam/Virus Filtering

14.1 Cloud Telecoms provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client 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 Client. The Client acknowledges and agrees that Cloud Telecoms shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

14.2 Cloud Telecoms reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

15. Webmail

15.1 Webmail and other web-based email services made available by Cloud Telecoms are provided on an as is basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Cloud Telecoms 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 Cloud Telecoms. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

16. Limitation on Mail Size

16.1 Individual mail sent to the Client's POP3/IMAP box or forwarded to the Client's existing email address may be limited to 3000kB in size each.

17. Takedown Notice Procedure

17.1 In terms of section 75 of the Electronic Communications and Transactions Act (the ECT Act) the Internet Service Providers' Association (ISPA) can instruct Cloud Telecoms to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:

Postal address: PO Box 518, Noordwyk, 1687, Midrand

Tel: 010 500 1200

Email: takedown@ispa.org.za

Should Cloud Telecoms receive a takedown notice from ISPA, Cloud Telecoms will endeavour to:

1. Notify the Client in good time of the takedown notice.

2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.

3. Takedown any sites or services which are included in the ISPA takedown notice.

18. Retention of Rights

18.1 Cloud Telecoms makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Cloud Telecoms and retention of data does not directly or indirectly give ownership of Cloud Telecoms hardware to Clients.

19. IP Addresses

19.1 Cloud Telecoms will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at Cloud Telecoms’s discretion and on a first come first serve basis.

20. Software Updates

20.1 Cloud Telecoms will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

20.2 Cloud Telecoms will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). Cloud Telecoms will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered.

21. Disclaimers, Limitations and Indemnities

21.1 Cloud Telecoms will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's selected domain names/s OR ANY ACTION TAKEN BY Cloud Telecoms IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

21.2 The Client hereby indemnifies and holds harmless Cloud Telecoms against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's use and registration of its selected Domain Name, even if Cloud Telecoms has been advised of the possibility of such damages;

21.3 Cloud Telecoms will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

21.4 Neither Cloud Telecoms, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Cloud Telecoms's 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 Cloud Telecoms Server service, unless otherwise expressly stated in this Agreement.

21.5 Cloud Telecoms expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Cloud Telecoms specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

21.6 Cloud Telecoms is not responsible if an external company network and firewall is setup to block access to services Cloud Telecoms provides. If a Client's network is setup to block certain ports or web addresses that compromise the services Cloud Telecoms provides it is the Client's responsibility to ensure that their network configurations are changed as necessary.

21.7 Clients also hereby indemnify Cloud Telecoms against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Cloud Telecoms to share or cover such losses or liability, either directly or indirectly. Cloud Telecoms is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.