Access and use of the Zazu Internet network is sold on a subscription basis. Zazu Internet will provide you with a username and password to access the service and for the purpose of this agreement, "first time use" of your username and password, or by accessing or using any of the services provided by Zazu Internet whether on subscription or otherwise, the user signify acceptance of the terms and conditions of use.
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
Interpretation of this agreement
In these terms and conditions :
- "User" means the party who subscribed to the service and/or any person using or accessing the service;
- "the service" means Internet Access, Hosting services, or related services as described in this document;
- "Zazu" means Zazu Internet (Pty) Ltd. or it's associated brands Rumba Internet, Onsweb and Onsnet; and
- "we" means Zazu Internet (Pty) Ltd. or it's associated brands Rumba Internet, Onsweb and Onsnet;
Although we will employ reasonable efforts to ensure availability of the service to subscribers at all times, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatsoever. No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. Exclusion of our liability for loss or damage will include (but is not limited to):
- losses caused by our negligent acts and any acts of our employees;
- any direct, consequential, incidental, indirect, special or punitive loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
- any loss regardless of whether a claim for such loss is based on breach of contract, delict, breach of implied warranties or otherwise; or
- any loss whether it could have been foreseen or not.
Responsibility of Use
The User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
Zazu Internet utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
Cession, Delegation or Assignment
Zazu Internet shall be entitled to cede, assign, delegate or transfer any or all of it's rights or obligations in terms of this agreement to a third party. The subscriber may not delegate, cede or assign any of his/her obligations or rights in terms of this agreement to any third party without the prior written consent of Zazu Internet (Pty) Ltd.
The user represents to us that he or she is 18 years of age or older. The user understands that certain materials available through the Internet under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.
Restrictions of Use
The user understands that the following restrictions are applied to the service: User May Not:
- Send SPAM, or bulk email when dialed into the network;
- Post offensive, threatening, or SPAM, when using the newsgroups;
- Post or transmit viruses or any harmful component to others;
- Transmit anything that is protected by copyright without permission;
- Attempt to violate the security of any computer network; or
- Engage in any illegal activity;
Although we market the Zazu Internet dial-up service as unlimited, and currently there are no specific usage caps on the number of hours that our subscribers can use our dial-up service during their monthly billing cycle, please keep in mind, that we are a consumer service, and not designed for people who require an "always on" connection with long periods of inactivity.
The user agrees to allow Zazu Internet to force a 15 minute idle timeout and 5 hour maximum session on their dial-up account should it ever become our policy. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
The Subscriber acknowledges that ADSL is not compatible with all standard telephone lines and that the suitability of the Service for the Customer will depend on various individual factors including Customer location, local telephone exchange facilities, and compatibility of Customer equipment with the existing Telkom infrastructure. As such, we provide our ADSL Service subject to the limitations and terms imposed by Telkom.
The Zazu ADSL service is sold in bandwidth bundles of 1GB, 2GB, 3GB, 5GB, 6GB and 9GB, thereafter per 1GB. This means that we, just like Telkom and other Internet service providers, limit the amount of data that you are able to send or receive during any monthly cycle. If you reach or exceed your selected cap during a month, we may stop your access to the ADSL Service. The limit depends on the ADSL Bandwidth Package the customer selected at the time of entering into the agreement, or as amended by the subscriber from time to time. Bandwidth not used expires at the end of every month, and is not carried over to the following month.
The user agrees to allow Zazu Internet to force a 4 hour session timeout for the purpose of collecting accounting information on uploaded and downloaded bytes. The right to use the Service is not transferable. Accounts are for the Customers use only. The user shall be responsible for the confidentiality of the User's password. In the event of a 1Gig account, only 1 (one) ADSL connection (log-on) is allowed to the network at any given time.
In the event of a 2Gig, 3Gig or 5Gig data cap, the user is allowed a maximum of 2 (two) concurrent ADSL connections (log-on's) to the network from the same address at any given time, and in the event of 6Gig, 9Gig or greater data cap the user is allowed a maximum of 3 (three) concurrent ADSL connections to the network from the same address at any given time.
Except as stated above, the user may not exceed the maximum concurrent ADSL connections to network at any given time. Breach of this condition may result in the user's service being suspended.
- User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
- User may not send to more than 25 recipients at a time.
- User may not attempt to send more than 200 emails per hour period.
- User may not send from an email address that is not their own.
- User may not send an email that is over 10 MB in size.
- User may not forge message headers to hide the origin of their email.
- Provider may block certain attachment types used in transmitting viruses.
- Provider may run a virus scanner on all mail and drop mail containing viruses.
- New email is kept on the server for only 60 days.
- Webmail (Inbox) is kept on the server for only 60 days.
- Webmail (Sent folder) is kept on the server for only 30 days.
- Webmail (Trash folder) is kept on the server for only 7 days.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this agreement, we will refund the user the unused portion of that month's service at the time of cancellation. System Backups
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity. No Confidentiality
Zazu Internet will not use or sell your email address or personal data to any 3rd party, with the exception that if Zazu Internet sells the majority of its assets or business, it may provide this data to the purchaser of the business so that they can continue providing service to the Zazu Internet end users.
Dial-Up subscriptions: The end User upon sign-up will be billed for the prorated portion of the month, however if the pro-rata amount is less than R39.50 for the pro-rated period, then a minimum of R39.50 will be charged during the month of activation.
ADSL Subscriptions: In the case of an ADSL subscription, the end User upon sign-up will be billed for the full bundle price for the month of sign-up. The user is entitled to use the full bandwidth limit allocated for that package and not just a pro-rated portion before the expiration at the end of that month. The balance is not carried over to the following month.
Hosting and Domain registrations: The end User upon sign-up will be billed for the prorated portion of the month, together with the activation fee of the specific hosting package or registration fee in the event of a domain registration where applicable. The User understand that Zazu Internet reserves the right to take ownership of any domain that is not paid by the user within 60 (sixty) days of registration, and ownership of all domains registered by Zazu will automatically transfer to Zazu where payment for registration or renewal is not received within 120days from date of registration or renewal. - In the event of transfer of ownership in this manner, Zazu will amend the registration details, and will, at it's sole discretion reserve the right to either delete the domain, or to pay for the outstanding fees and retain ownership of the domain for future use by Zazu.
Zazu shall bill the User monthly in advance on the last working day of every month.
All services, fees, subscription fees, and all other amounts payable in terms of services rendered or products delivered in accordance with this agreement shall be paid by way of direct debit order drawn against the account nominated by you in favour of Zazu Internet, or in any such manner as Zazu may instruct from time to time. The User agree that by furnishing his or her bank details, the User authorise and instruct Zazu Internet to draw against the Users nominated account, the amount necessary for payment of the subscription due in respect of this agreement. The User agree to pay any bank charges relating to the debit order instruction and understand that this agreement may not be cancelled within the first 3 (three) months of this agreement, thereafter this authority may be cancelled by the User, by giving Zazu 30 (thirty) calendar days notice in writing, sent by pre-paid registered post. The User understand that the User, shall not be entitled to any refund of amounts which Zazu had withdrawn while the authority was in force if such amounts where legally owed to Zazu. All such amounts will be deducted every month until termination of this agreement, or until cancelled by the User/or Zazu in writing. Withdrawals from the user's bank account shall be treated as though they had been signed by the User personally.
All recurring transactions take place on the last working day of each month. If the debit order is declined, we will attempt a re-debit your account between the 2nd to the 15th of each month and the User agree that Zazu may continue to do so every few days for service. A R30.00 administration fee is levied on all unpaid debit orders, regardless of the reason for decline. It is the End Users responsibility to make sure that Zazu Internet always has the most up to date contact and billing information for their account. Under no circumstances will Zazu Internet be liable for bank fees incurred by the User for Zazu Internet attempting to charge for service. If the billing continues to be declined after 15 days the account may be subject to cancellation for non-payment.
In the instances where this agreement is in respect of services rendered where special offers or minimum contract period/s applies, and the User cancels this agreement, the remainder of all monthly payments shall immediately become due and payable to Zazu Internet.
Zazu Internet will only issue invoices on request by the client. Any billing disputes done through the bank will result in immediate cancellation of your Zazu Internet account. Please redirect all billing disputes to email@example.com Zazu Internet accepts checks & electronic bank transfers and/or deposits but only for annual payments. Month to month or contract use will only be available through signing of a debit order.
Zazu Internet reserves the right to amend Service subscription charges at its sole discretion. Zazu will give the User 30 (thirty) days notice of any such amendment and the User shall be bound to such adjustments.
You may cancel your service by giving 30 days calendar notice.
By mail to:
Zazu Internet (Pty) Ltd
P.O. Box 5430
By fax to: 086-682-1388
By e-mail to : firstname.lastname@example.org
Please include your name, address, return phone number, dial-up, ADSL or FTP username, and email address as well as a request to cancel service and the date you want the cancellation to occur.
Accounts are billed on the last working day of each month. Cancellations are processed at the end of each billing cycle. We do not offer prorated refunds for service.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. The user agree that any notices we send to the user in terms of this agreement may be send via e-mail.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of South Africa without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Zazu Internet with respect to the Service