Terms and conditions
Cloud Telecoms (PTY) Ltd (herein referred to as “Cloud Telecoms”) is an Internet service provider that markets hosting, Internet access, VoIP and web development services.
By agreeing to use our services you agree to our standard terms and conditions.
CUSTOMER CONTACT DETAILS
It is the client’s responsibility to keep their contact details up to date. This is easily accessible via the Customer Portal.
When you place an order with Cloud Telecoms, provided that your order is accepted by Cloud Telecoms in accordance with its standard operating procedures, we will make every commercially reasonable effort to comply promptly with any supply and/ or delivery requirements recorded in the order, but will not be liable to you or any other person in any matter whatsoever, insofar as the law allows, if the supply and/ or delivery is delayed or cancelled.
THEFT, LOSS OR DAMAGE
All risk for loss, damage or theft of SIM Cards or devices supplied by Cloud Telecoms to you will pass to you on delivery of the SIM Card and/ or the device (as the case may be) or to any person that you have chosen to accept receipt of such SIM Card and/ or device on your behalf.
By law, if a SIM Card is lost or stolen, you are required to immediately notify the South African Police Services in writing. If the SIM Card is lost or stolen you must first notify Cloud Telecoms and request suspension of the SIM Card. Until your request for suspension of the SIM Card is received by Cloud Telecoms, you will remain liable for all costs and charges relating to that SIM Card, including all usage charges arising from the use of the SIM Card.
OWNERSHIP OF DEVICES
Cloud Telecoms will be the owner of the device until you have paid the purchase price of the device (which may be included in your monthly subscription) in full, except that where your Contract is cancelled in terms of breach of contract or as per your cancellation rights under the Consumer Protection Act, then Cloud Telecoms will remain the owner of the device until you have paid the purchase price of the device in full, together with the cancellation fees.
USE OF THE SIM CARD OR DEVICE
You herby warrant and undertake that you:
• will not use or allow the network services for any improper, immoral, fraudulent or unlawful purpose;
• will only use devices approved by ICASA together with the SIM Card on the network;
• recognize and agree that no right, title or interest in the software contained in each SIM Card or the software contained in a device or the software contained in a device issued to you, belongs to you or will belong to you;
• will not, and will not allow, any other person to reverse engineer, decompile, modify or tamper with the software contained in, or relating to, any SIM Card or device.
You will pay all the applicable charges due by you to Cloud Telecoms at the rates detailed in the price list on Cloud Telecom’s Website and / or as per your package / price plan terms and conditions. These charges will take into account the following charges, including but not limited to: the charges applicable to your package / price plan, monthly subscription, devices charges, usage charge, and/ or VAS charges. CLOUD TELECOMS may amend these charges from time to time upon reasonable notice to you.
In addition to any other amounts which are payable by you in terms of the contract, you are required to pay Cloud Telecoms:
• The cancellation charges for early termination of your contract in the event that Cloud Telecoms elects to cancel your contract as a result of a breach of contract by you.
• The cancellation charges for early termination of your contract by you should you elect to cancel your contract before expiry of the applicable period;
• A debit order return fee of R50.00 inclusive of Value Added Tax (“VAT”) if you fail to make payment of any amount by the due date for payment and the amount was required to be paid by debit order;
• If there is a package migration/ price plan migration by you, the current migration fee and/ or administration fee for the migration as detailed in the price list on Cloud Telecoms Website at the time of the package migration/ price plan migration;
• To pay legal costs of an attorney and own client scale, which costs will be reasonably incurred by Cloud Telecoms. If Cloud Telecoms takes any legal steps against you relating to your breach of your contract. You will also be required to pay collection costs reasonably incurred by Cloud Telecoms while trying to collect any amounts from you which are owed to Cloud Telecoms by you.
Our payment terms are 15 (fifteen) days from the date of invoice and must be paid to Cloud Telecoms at Cloud Telecom’s premises or into the bank account of Cloud Telecoms. The details of Cloud Telecoms bank account shall be detailed in each monthly bill which Cloud Telecoms may send you. If payment is made by you via a debit order, other electronic means, or any intermediary, your bankers or other intermediaries will act as your agents. You will be responsible for the payment until it has been received by Cloud Telecoms at Cloud Telecom’s premises or by the bankers of Cloud Telecoms into Cloud Telecoms bank account.
Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client’s profile. Should we receive no response with regard to outstanding invoices, the account will be handed over to our attorneys.
The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment. If your service is suspended due to non payment a reconnection fee of R75.00 will be imposed and will be billed immediately as a separate invoice. It is also the responsibility of the client to be in contact with Cloud Telecoms to arrange for payment before the account is handed over.
You must pay by way of debit order if Cloud Telecoms requires you to do so. Cloud Telecoms’s debit orders are processed once a month, typically on the first working day of each month (please take note that we bill pro rata in advance) Should a customer’s monthly debit order return as rejected for any reason, a rejection fee of R50.00 will incur and this will immediately be billed as a separate invoice. Upon signing up with Cloud Telecoms, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any top up invoices generated for Internet connection, as well as traffic or over usage invoices that are created for hosting. As all invoices are automatically e-mailed immediately after they are generated, it is the client’s responsibility to contact Cloud Telecoms should they have any queries relating to an invoice upon receipt thereof. Cloud Telecoms reserves the right to process your debit order via NAEDO (Non-authenticated early debit order).
Cloud Telecoms may set a limit on the amount of the total charges which you may incur in any month and may change this limit from time to time. The limit on your charges is determined by Cloud Telecoms in accordance with Cloud Telecom’s credit-vetting criteria and you may request Cloud Telecom’s to disclose this limit to you. If your actual charges exceed the limit set by Cloud Telecoms. You will still be required to pay these charges.
You may also request Cloud Telecoms to set a limit on your behalf, although you will still be liable to Cloud Telecoms if your actual charges exceed the limit, and in which case you will still be required to pay these charges.
ACCESS TO NETWORK SERVICES
Cloud Telecoms may without any liability suspend your access to the network services if:
• Any modification, maintenance or remedial work must be undertaken in relation to the network or the network services. Cloud Telecoms will use reasonable endeavors to reduce the period of the suspension due to the modification, maintenance and remedial work and will endeavour to notify you of this suspension in advance. Cloud Telecoms will not be required to notify you in advance when the modification, maintenance or remedial work is required due to an emergency; or
• If you breach any term of your contract (including, but not limited to, when you fail to give to Cloud Telecoms all necessary documents stated on the application form or if you do not pay Cloud Telecoms any amount owing on a due date), Cloud Telecoms will notify you of the suspension of your access to or use of the network services; or
• You at any time exceed the limit of the total amount of charges which you may incur in any month, as Cloud Telecoms may set, from time to time: or
• If Cloud Telecoms is required to do so by law or by the ICASA; or
• If Cloud Telecoms is of the reasonable belief that you have fraudulently exploited the network services.
CANCELLATION OF THE CONTRACT
Your Contract may be cancelled by you:
• At any time giving Cloud Telecoms at least 20 (twenty) business days’ notice in writing (not by SMS) or in any other recorded manner and form.
• At the end of the Initial Contract Period, by giving Cloud Telecom written notice (not by SMS) of cancellation before the end of the Initial Contract Period;
• At the end of a particular Contract Renewal Period where your Contract is continuing on a month- to- month basis by giving Cloud Telecoms a written notice (not by SMS) of cancellation before the end of the relevant month;
• If Cloud Telecoms is in breach of an obligation in your contract and fails to remedy this breach within 20 (twenty) business days after receiving a notice from you in writing (not by SMS) identifying the breach and stating that if the breach is not remedied you may cancel your contract. If you do wish to cancel your contract for this reason, after the expiry date of the 20 (twenty) business days’ notice period, you must send Cloud Telecoms a notice in writing (not by SMS) of the cancellation of your contract;
• If you decide to port to another network or service provider, and have given Cloud Telecoms at least 20 (twenty) business days prior written notice (not by SMS);
• By notice in writing (not by SMS) to Cloud Telecoms within 20 (twenty) days after Cloud Telecoms has given you notice of changes or amendments to (i) your contract, (ii) the repair, replacement and refund terms of the CPA, (iii) the changes to the price list; or (iv) the credit limit, except that you can only cancel your Contract where the changes or amendments meet the conditions set out in clause 15.2;
• By notice in writing (not by SMS) to Cloud Telecoms within 20 (twenty) days after receiving a notice from Cloud Telecoms of the change, withdrawal or substitution of any value added service which form a part of your package option/ price plan.
• Without limiting any of Cloud Telecoms other remedies and rights against you, your contract may be cancelled by Cloud Telecoms immediately on written notice to you:
• If you are in breach of your contract (which may include, but is not limited to, where you fail to pay any amount to Cloud Telecoms on a due date or in certain circumstances if you cancel a debit order) and you have failed to remedy that breach within 20 (twenty) business days after Cloud Telecoms has given you notice of such breach, provided that if the breach is not material, Cloud Telecoms will only cancel your contract where this is reasonable to do so;
• If Cloud Telecoms is of the reasonable belief that you have violated the terms and conditions of the network service.
• If you are sequestrated, liquidated, placed under judicial management or business rescue, whether provisionally or finally, and whether voluntarily or compulsory; or
• If the license issued by ICASA terms of which Cloud Telecoms is authorized and empowered to give you access to the network services, is cancelled for whatever reason.
AMOUNTS YOU MUST PAY IF YOUR CONTRACT IS CANCELLED
If your contract is cancelled, you will be required to pay:
• The monthly subscription applicable up to the cancellation date, except that if the cancellation date is not at the end of a particular month, then the monthly subscription for that last month will be pro- rated;
• All the usage charges up to and including the cancellation date;
• All other amounts which Cloud Telecoms is entitled to charge you up to the cancellation date or for any failure to make payment by you before or after the cancellation date; and
• The cancellation charges, which will include (but may not be limited to) the balance of the purchase price of the device.
• You will also be required to pay Cloud Telecoms the balance of the purchase price of your device if you migrate to a package option with a lower device subsidy than the package option you are migrating from or if you migrate to a price plan with no device.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
To the extent allowed by law, Cloud Telecoms will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):
• If the network services are interrupted, suspended or cancelled for any negligent act or failure to act by Cloud Telecoms, or for circumstances outside of the control of Cloud Telecoms; or
• If Cloud Telecoms does not supply or deliver any device or SIM Card/s on the required date or time;
• As a result of the use of any device supplied to you by Cloud Telecoms relating to your contract ( including the use of any self- service features available to you);
• If your access to, or use of, the network services is suspended in terms of your contract;
• If Cloud Telecoms does not Suspend the provision of the network services to you after you have specifically requested Cloud Telecoms to do so in order to, amongst other things, limit the usage of charges;
• The loss or damage was caused by any negligent act or failure to act by Cloud Telecoms, its employees or its agents.
• To the extent allowed by law, where Cloud Telecoms is liable to you for any reason, the cumulative maximum liability of Cloud Telecoms to you for all claims, actions, demands and proceedings of whatever nature and however arising (including, without limitation, for breach of contract, in delict, for all acts and omissions, and for negligence) shall in total be limited to the total value of the charges actually paid by you to Cloud Telecoms in terms of your contract.
• To the extent allowed by law, in no event will Cloud Telecoms be liable to you for any loss of profits, loss of goodwill, loss of business opportunities, business interruptions, loss or destruction of data, damage to data, or for any indirect, consequential, special or exemplary losses or damages of whatever nature and however arising.
CHANGES TO THE SERVICES, CHARGES AND YOUR CONTRACT
Cloud Telecoms may at any time make changes or amendments to:
• Your contract, including all documents which form part of your contract; your package option/ price- plan terms and conditions; and the VAS terms and conditions applicable to the value added service used by you;
• The charges or prices listed on Cloud Telecoms’; and
• The limit of the usage charges set by Cloud Telecoms.
• Cloud Telecoms will endeavour to give you at least 20 (twenty) business days prior written notice (which includes notice by SMS) of any charges or amendments but is entitled to give you a shorter period of notice or no prior notice where this is reasonable in the circumstances or where it is necessary in order to comply with law or with the requirements of ICASA.
• You will be entitled to cancel the applicable network service(s) and/ or any service forming part of your package option/price-plan which Cloud Telecoms seeks to amend within 20 (twenty) days after receiving the notice from Cloud Telecoms of any changes or amendments by giving written notice (not by SMS) to Cloud Telecoms, only where:
• The reason for the changes or amendments was not because they were necessary to comply with law or with the requirements of ICASA and they were also not approved by ICASA;
• In the case of changes or amendments to the charges on price list, these changes or amendments resulted in an increase to the charges or other amounts payable by you to Cloud Telecoms, were not approved by ICASA and were also not increases which Cloud Telecoms is entitled to make in terms of your contract; and:
• In the case of changes or amendments to the credit limit set by Cloud Telecoms, the change or amendment has been a reduction of the credit limit and the reduction was not necessary to comply with law or with the requirements of ICASA.
• If the cancellation notice is received by Cloud Telecoms from you after the date that the relevant change or amendment becomes effective (as specified in Cloud Telecoms notice to you), then that change and amendment will still be valid and effective until the cancellation date.
• All value added service are made available and provided at the discretion of Cloud Telecoms and Cloud Telecoms may change, withdraw and substitute them at any time by giving you at least 20 (twenty) business days prior written notice. Cloud Telecoms is entitled to give you a shorter period of notice or no prior notice where this is reasonable in the circumstances or where it is necessary in order to comply with law or the requirements of ICASA. If Cloud Telecoms withdraws any value added service which has a monthly subscription, then no further monthly subscription will be charged to you for that value added service after the withdrawal. Where you subscribe to a package / price plan that includes free value added service, then there will be no reduction in your monthly subscription because that value added service is free.
• If Cloud Telecoms changes, withdraws or substitutes any value added service that is provided to you, then you will be entitled to cancel your contract within 20 (twenty) days after receiving the notice from Cloud Telecoms of the change, withdrawal or substitution of the value added service, by giving written notice (not by SMS) to Cloud Telecoms.
• If the cancellation notice is received by Cloud Telecoms from you after the date that the relevant change, withdrawal or substitution of a value added service becomes effective (as specified in Cloud Telecoms notice to you), then that change, withdrawal or substitution will still be valid and effective until the cancellation date.
Your device will not be insured by Cloud Telecoms and you will therefore be responsible for all loss, theft and/or damage to your device, unless you have entered into a separate insurance agreement with an insurance provider of your choice to insure the device.
Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery
confirmed telephonically or via e-mail.
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. All goods such as hardware and software remains the property of Cloud Telecoms until paid for in full. Cancellation of orders by the client will attract a 10% administration fee.
WIRELESS AND FIBRE EQUIPMENT GUARANTEE
• Upon activation and installation of wireless equipment, we offer up to 12 months factory guarantee on all equipment. Standard T&Cs; apply .
• We give a 30 day workmanship warranty done on all new installations.
• All changes / improvements / repairs / software updates / security upgrades to the equipment are for the client’s account unless the damage / fault is as a result of the company’s negligence. It is your responsibility to keep your equipment up to date with upgrades of hardware and software.
• The high site equipment is always the responsibility and property of the company and the client will never be held responsible for any changes / repairs needed on the high site.
• It is standard policy for clients to be pre-advised of any potential costs in either the form of a formal quote, when the exact fault is known, or an estimate, when an onsite evaluation is required.
Unless otherwise noted, all prices on this web site includes Value Added Taxes (VAT). Residents from outside the Republic of South Africa are exempt from South African VAT.
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. Acceptable use policy Cloud Telecoms’s hosting and Internet access services are goverment by our Acceptable Use Policy (AUP). Our AUP states that none of the services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. Cloud Telecoms’s shaped uncapped wireless accounts will never be capped. However, our shaped uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If your intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage are affecting other users on our network’s internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individuals abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service.
Fibre services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed. Variations may exist and if this is the case, we recommend downgrading to a slower package for stability. Cloud Telecoms will use reasonable endeavours to make its services available to its Subscribers, and to maintain the availability thereof for use by its Subscribers. However, we provide the services “as is” and “as available” and we do not make any express or implied representations or warrant or guarantee the quality or security of the services or that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
Should any aspect of a client’s website cause spam and disrupt the service to any of our other clients, we will immediately suspend the hosting services of the website responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.
Cloud Telecoms reserves the right to charge a service fee, for any changes or system corrections needed on servers or domains owned by clients, when the changes or corrections needed are the result of changes made by the client.
Cloud Telecoms reserves the right to charge a specialized IT Support fee, for any changes or system corrections needed on client installations and networks, in the event of a request for full systems access by the client.
Cloud Telecoms’s servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc. We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken from the Internet Service Provider’s Association, our governing body.
COUNTRY OF DOMILCILE
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.
Cloud Telecoms at its sole discretion, may choose to change the pricing and operation of this website at anytime without notice.
TRANSFERRING OF DOMAINS AWAY
If you want to transfer, move, or cancel a domain, the abbreviated procedure is as follow:
1. Client submits cancellation request
2. New domain registrar initiates transfer
3. Cloud Telecoms accepts transfer
4. Domain is transferred
It is imperative that you contact your new ISP before transferring a domain away so that this entire process can facilitated. The essence of transferring a domain away is that the new (“incoming”) ISP does most of the work. If the new ISP does pro-actively manage the transfer your domain might go into redemption and then get re-registered by another party.
Daily backups are made of the web files on our servers and they are available in the event that your site needs to be restored. Please note that we do not offer any backups for mails linked to the domain hosted with us and suggest that you always ensure a local copy. Note that any restore procedure undertaken will incur a cost at our current labour per hour rate. It is highly recommended that you also create a separate backup of all your DNS records, web files and mailbox content, to prevent loss of data as we do not guarantee backups.
TECHNICAL SUPPORT REGARDING OVERUSE
Our hosting and Internet access platforms already provide clients with detailed statistics of usage. Sometimes clients find it difficult to understand that they are using such a large amount of overuse. If a client is unable to resolve the issue using the tools at their disposal and they would like Cloud Telecoms to investigate further, our Support team will be able to assist on this matter at our current labour rate per hour. Charges will not be applied should there be a system fault on Cloud Telecoms’s side. For further clarity on this please contact our help desk.
If a client wishes to transfer a domain out of office hours, the following policy applies:
• The client must make sure the domain and all related services are paid up to date.
• The incoming ISP must get confirmation in writing (e-mail is fine) that the accounts department will accept the transfer.
• If the above procedure has not been followed the afterhours (emergency personal) will be unable to help. Please note that all outgoing domain transfers are automated. If your domain or any of the related services are not paid up to date the domain transfer will be automatically declined. Manual override can only be done during office hours.
• Transfer tickets are only accepted once the cancellation for the specific hosting product has been requested online in the client area by the client, and in accordance with Cloud Telecoms’s 30 day notice period for service cancellations.
No form of criminal activity will be tolerated on Cloud Telecoms’s network. This includes hacking or phishing or trespassing on any person’s system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Cloud Telecoms for the information. Cloud Telecoms, however, reserves the right to disconnect a user’s system until such time as the investigation is completed.
An email must be sent to firstname.lastname@example.org in order for our support team to deal with the issue effectively.
The following response time periods are applicable with regards to our support structure:
• Within 24hrs – emergency maintenance to Cloud Telecoms’s infrastructure
• Within 02 working days – maintenance and call out jobs
• Within 04 working days – large site installations and network setups once quote accepted
• Within 14 working days – client standard fibre installations from forms received, subject to availability of coverage.
• These times do not include weekends or public holidays.
Cloud Telecoms does not bear responsibility for a lack in QoS (Quality of Service) of the package line stability and speed, when equipment used is not purchased from Cloud Telecoms directly or if the recommended equipment is not used. Additionally, if the installation is done by anyone other than Cloud Telecoms-approved contractors or employees through the official Cloud Telecoms booking channels, Cloud Telecoms reserves the right to charge for any changes or system corrections needed on client installations and networks as well as equipment to be purchased.
HEALTH AND SAFETY REGULATIONS
In compliance with best practice, we do not allow engineers to complete any work during harsh winds or on wet surfaces especially roofs. All appointments scheduled on days when there are strong winds or rain, will be rescheduled to the next available date. This is due to safety regulations and the risk of injury.