HostworX ADSL and Dial-Up Service Terms & Conditions

Sections

These terms have been divided into 3 sections, which we summarise below:
PART A - GENERAL PROVISIONS
These provisions are applicable to all our ADSL packages.
PART B - CAPPED ADSL
These provisions are only applicable to our capped ADSL products ("Capped Packages").
PART C - UNCAPPED ADSL
These provisions are only applicable to our Uncapped ADSL products ("UnCapped Packages").

PART A: GENERAL PROVISIONS (Applicable to all ADSL products)

DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.

In these ADSL Service Terms:

ADSL line means an Asymmetric Digital Subscriber Line;

ADSL Service means the provisioning of an ADSL service that enables you to send and receive data and email and to access the Internet using a high-speed connection, comprising of various Data Only Packages and All-Inclusive Packages;

ADSL Website means the website located at: http://WWW.HOSTWORX.CO.ZA

All-Inclusive Packages means ADSL Service packages that include the ADSL line rental and Data Only Packages, as more fully described on our Website and as published by us from time to time;

Base Cap or Cap/Capped means the amount of blended data (comprising of both international and/or local data), measured in Gb, that you would like to send and receive during the course of a calendar month;

Booster means the additional amount of data added to your Base Cap once the Base Cap has been depleted, as more fully set out in clause 8;

Booster Based Billing means that you will not be able to continue to use the Internet once you have reached your Base Cap, other than Free Local-only Access, unless you buy a Booster;

Data Only Packages means ADSL Service packages that exclude the ADSL line rental and where we only provide you with data / bandwidth capacity, as selected by you in the Application Form;

Dial-Up Service means the provisioning of the dial-up services that enables you to send and receive data and email and to access the Internet using an analogue or ISDN line provided by Telkom;

Fixed Term Agreement means a contract for the provisioning of the ADSL Service for a fixed term period as indicated on the Application Form;

Free Local-only Access means such Local-only Data, as determined by us from time to time, that you may be able to send and receive during the course of a calendar month once you have exceeded your Base Cap. You will only access Free Local-only Access if you have selected the Booster Based Billing option and you then reach your Base Cap;

Gb means Gigabytes;

Kbps means kilobits per second;

Local-only Data means the type of data (or bandwidth) that only allows you access to South African locally hosted websites and content;

Mb means megabyte;

Modem or Router means the device which is used to connect your computer to the Telkom Telephone Service, in order to enable the ADSL Service;

Out of Bundle Billing means you will automatically be charged per Mb for Out of Bundle Usage;

Out of Bundle Usage means any data (per Mb) used by you once your Base Cap has been reached, in other words, data used over and above your Base Cap;

Service Fee means the amount which we will charge you for the ADSL Service selected by you, as recorded in the Application Form and/or displayed on the ADSL Website;

Shaped means that traffic is prioritised and channeled in a specific order, for example web browsing and email traffic will be prioritised;

Telkom means Telkom SA Ltd;

Telkom Resell ADSL Terms and Conditions means the Telkom Resell ADSL product-specific conditions, which are available at www.telkom.co.za;

Telkom Telephone Service means a fixed access line for making and receiving telephone calls (analogue Telkom line);

Throttle means the bandwidth management practice used to manage internet traffic whereby your connection speed may be reduced based on your usage patterns and usage history at the discretion of HostworX;

Unshaped means that the traffic is not prioritised and channeled in a specific order. The first service requested is delivered first;

Website means www.HostworX.co.za.

SIGNING UP

You have the following options available to you when signing up with HostworX:

Data Only:

You engage with Telkom directly for the ADSL line rental and Telkom attends to the installation of the ADSL line. We will provide you with Internet access over the HostworX ADSL network on a month to month basis, for which you will pay us the Service Fee monthly in advance.

All Inclusive:

You pay one bill to HostworX for your ADSL Service and ADSL line rental - please note this does not include the cost of your Telkom Telephone Service.

Option A - You rent an ADSL line directly from us and we will apply to Telkom for the ADSL line on your behalf. You will agree to sign and be bound by the Telkom Resell ADSL Terms and Conditions.

Option B - You transfer your existing Telkom ADSL line to HostworX, under which circumstances you will consent in writing that HostworX may terminate your existing ADSL line with Telkom and that we may transfer your ADSL line to HostworX and you indemnify HostworX against any damages or penalties which may arise from the termination of your existing Telkom ADSL line.

BILLING

You will pay the Service Fee to HostworX monthly in advance by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.

You will pay HostworX for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.

Billing will commence on the Activation Date.

If you signed up or switched over to the ADSL Service in the middle of any calendar month, your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the Service Fee for the following month.

HostworX will debit your account on the first debit order run after you signed up. Should you sign up after the debit order run date, HostworX will only debit your account on the following debit order run and your first bill will include a pro-rata portion for the remaining period of the month in which you signed up, plus the Service Fee for the current month, plus the Service Fee for the following month. In other words, you will pay the pro-rata portion plus two months' Service Fee on the next debit order run.

You will be liable for payment of a re-activation fee should your ADSL line or Telkom Telephone Service be suspended due to your breach of the Agreement or the Telkom Resell ADSL Terms and Conditions.

ADSL PRE-REQUISITES

You are required to have an active Telkom Telephone Service in order to make use of the ADSL Service. The ADSL Service is not available everywhere. You are responsible for checking that the ADSL Service is available on your Telkom Telephone Service before you subscribe to the ADSL Service. If you select a Data Only Package you also require an ADSL line. If not provided by HostworX, you need to obtain your own Modem.

CONCURRENCY

For most packages you may only have the following connections to the ADSL Service at any given time, unless otherwise agreed:

(one) ADSL connection; (Uncapped Accounts) and

up to (ten) ADSL connections; (Capped Accounts) and

Certain Capped Packages allow for more than one concurrent connection, please visit our Website for more information on the concurrency allowed on your selected package.

DISCLAIMER

We may use or rely on upstream providers to provide the ADSL Service or certain portions thereof. We accordingly provide the ADSL Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.

We also do not warrant that we will always be in a position to obtain an ADSL line for you from Telkom, or that Telkom will continue to make the ADSL line used by you available to us for the purposes of this Agreement; or that we will always be in a position to lease ADSL lines to subscribers.

DN SECURE

HostworX's new security feature DN Secure is now a compulsory part of the Uncapped ADSL Service assisting you in protecting your ADSL account from being abused or shared by users, other than yourself.

The Uncapped service requires that you successfully configure your ADSL DN number. This is the number used to identify your ADSL Router on the network in order to authenticate and enable you to utilize the Uncapped ADSL Service. You can configure a maximum of two DN Numbers per uncapped account.

You can contact the call centre to assist with the configuring of your DN Secure numbers for your uncapped account.

PART B: CAPPED PRODUCTS (Section 8 only applicable to Capped products)s

MEASURES TO CONTROL OUT OF BUNDLE USAGE WHERE A BASE CAP APPLIES

We have measures available to limit your access to the ADSL Service when you reach or exceed your Base Cap, which are implemented subject to the provisions of clause 8.5. For more details on measures to control your Out of Bundle Usage, please visit the ADSL Website or contact our call centre.

You can select either the Booster Based Billing or the Out of Bundle Billing options by logging on to the "My Account" self-administration portal on the ADSL Website.

The default billing option for most ADSL Service packages are Out of Bundle Billing. For example, if you have not selected the Booster Based Billing option on My Account you will automatically continue on the Out of Bundle Billing option. In other words, you will automatically be charged per Mb for every additional Mb you use over your Base Cap. Please contact us if you are unsure which billing option you are on in order to avoid any unexpected charges.

If you have selected the Booster Based Billing option and you reach or exceed your Base Cap, you will only be able to use the ADSL Service to access Local-only Data up to your Free Local-only Access limit. You will however have no access to international websites or content until the start of the next month, unless you buy a Booster; use a Dial-Up Service (where applicable); or increase your Base Cap to a higher Gb factor.

If you did not select the Booster Based Billing option you will in most instances default to the Out of Bundle Billing options. This means that, once you reach or exceed your Base Cap, you will immediately be charged per Mb for any further data used.

Disclaimer

Because ADSL Services are session based technology, we do not guarantee the efficiency of any measures available to limit your usage, including without limitation any safety lock.

We accordingly do not accept responsibility if you exceed your Base Cap, and we will charge you for Out of Bundle Usage at our prevailing rates.

You are therefore responsible for monitoring and controlling your use of the ADSL Service.

Exceeding your Base Cap

From time to time, in any given month, we may allow you, at our discretion, to exceed your Base Cap without stopping your access to the ADSL Service.

However, if we allow you to exceed your Base Cap in this manner, it will merely constitute a temporary indulgence on our part. It will not constitute a waiver of any of our rights, including (without limitation) our right to stop your access to the ADSL Service if you exceed your Base Cap at any time in the future.

If you exceed your Base Cap, we reserve the right to recover from you the cost of the amount of data by which you have exceeded your Base Cap.

PART C: UNCAPPED ADSL PRODUCTS (only applicable to UnCapped products)

Provision and Cancellation of Uncapped Products

Uncapped accounts have a required minimum 1 calendar month cancellation period, this means that in the event that you give notification during the then current month, the uncapped account will continue to run until the end of the next month, following the then current month.

If you cancell the account before the normal HostworX billing date, you will receive a further invoice after you have cancelled the account, if you cancelled the account after the normal HostworX billing date, you are still be obligated to pay the invoice that was generated for the following months service.

We use or rely on upstream providers to provide the ADSL Service or certain portions thereof. We accordingly provide the ADSL Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.