TERMS and Conditions.

Acceptance of Terms

All Emsted Online services are provided as a Best Effort Service and no guarantees on up time or availability are offered. We implore clients using our services to operate their business, server or any type of critical services (not limited to those mentioned here) or any type of operation that could have a detrimental effect on themselves, business or others have back up services in place to ensure a continuation of service with minimal downtime should their service be affected in any way. Emsted Online together with its Suppliers and Partners endeavour to provide maximum up time for all services at all times.

I accept and understand that:

The service will be subject to:

Provisions of the Electronic Communications Act No 36 of 2005 (“the ECA”), including the Acceptable Usage Policy of all Service Providers and Network Operators for which Emsted Online resell services.

All services are Month to Month, service/s may be terminated by the client or Emsted Online. The accepted cancellation method is via the Control Panel or email and one calendar months’ notice is required, in certain instances a cancellation fee may be applicable.

Emsted Online will be entitled to change the price of any service purchased or discontinue a service or product type. Emsted Online endeavours to provide clients with reasonable notice of such changes.

Emsted Online reserves the right to limit the methods of payment options per service or product type.

Should I/we fail to pay my/our account in full I/we shall be liable for any resultant collection, tracing and/or legal fees and all my services will be suspended.

Emsted Online will be entitled to verify the information contained on the client’s order form and generally make enquiries it deems necessary. Emsted Online will also be entitled to furnish any information regarding the client’s account with Emsted Online and his compliance with these conditions to any credit bureau / Bank.

I/we hereby indemnify Emsted Online against any damage, loss, claims or cost that may result from work being done in connection with the connection and / or removal of the service.

All services sold by Emsted Online are sold as a best effort service, throughput is in no way guaranteed.

Emsted Online together with its Suppliers and Partners disclaim any liability resulting from:

Interruption of service

Delays in provisioning, delivery or providing of the service

Acts of God

Negligence in any manner or form

Unauthorised use or misuse of the clients account and/or passwords

Misinformation provided by employees

Damages arising from the inability to access or utilise a service

I/we agree that any claim under this Agreement is limited to the amount paid for the monthly service in dispute not exceeding 3 months. Emsted Online and its Suppliers/Partners shall not be liable for any direct, indirect or incidental damages resulting from the client/user’s inability to use any of the Services or the cost to procure an alternative service.

All links provided here-in where you are directed to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions you are accepting the Terms and/or Policies represented on these pages.

Acceptable Use Policy (AUP)

General Notice

Thank you for reading Emsted Online’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic of South Africa; to specify to clients and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly.

Emsted Online respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

 

Communications with Emsted Online and its Staff

Clients will be held liable for any malicious conduct directed towards Emsted Online or its staff in any way or form via any of Emsted Online’s communication channels.

Any form of aggression, abuse, bullying, offensive language, intimidation directed at Emsted Online or its staff on any platform or forum will be deemed abusive behaviour and will be deemed as a breach of our Acceptable Usage Policy and Emsted Online reserves the right to suspend and/or discontinue any and all services.

The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of Emsted Online or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and Emsted Online reserves the right to suspend and/or discontinue any and all services.

 

ISPA membership and Code of Conduct

Emsted Online confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, And fall under our providers membership of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at https://ispa.org.za/code-of-conduct/

 

Unlawful Use

Emsted Online’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic of South Africa.

 

This includes:

Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, Emsted Online cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Emsted Online’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Emsted Online on behalf of another subscriber without their consent.

Any violation of the exchange control laws of the Republic of South Africa.

Any activity that results in the sale, transmission or distribution of pirated or illegal software.

Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Emsted Online will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Emsted Online’s resources, including the provisioning of all personal identifiable data.

 

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

 

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Emsted Online’s network is unacceptable.

 

This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Emsted Online for this goal;

Any effort to use Emsted Online’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;

Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;

Any activity which threatens to disrupt the service offered by Emsted Online through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.

Any unauthorised monitoring of data or traffic on the network without Emsted Online’s explicit, written consent.

Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space & Third Party Content & sites

In reading this AUP or in signing a service contract with Emsted Online, you acknowledge that Emsted Online has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Emsted Online cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Emsted Online network websites and web pages or sites displayed as search results or contained within a directory of links on the Emsted Online network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

Emsted Online employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The client must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and Emsted Online reserves the right to delete and/or cancel posts which violate the following conditions:

Excessive cross-posting of the same article to multiple newsgroups.

Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).

Posting binaries to a non-binary newsgroup.

Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Emsted Online does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Emsted Online in respect to usenet services is merely a convenience to Emsted Online clients to make the use of the service more convenient. Emsted Online accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.

 

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Emsted Online will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

Operating or maintaining mailing lists without the express permission of all recipients listed;

Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;

Using Emsted Online’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;

Including Emsted Online’s name in the header or by listing an IP address that belongs to Emsted Online in any unsolicited email sent through Emsted Online’s network or not;

Failure to secure a client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Emsted Online reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Emsted Online also reserves the right to examine the mail servers of any users using Emsted Online’s mail servers for “smarthosting” (when the user relays its mail via a Emsted Online mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Emsted Online’s privacy policy.

 

Spam/Virus Filtering

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

 

Webmail

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

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

 

Uncapped Fibre and DSL

The Uncapped Fibre and DSL products simply named Uncapped are Unshaped, Unthrottled and we do not implement usage Thresholds on these services.

The use of our uncapped service is for Home/Personal use only and may not be resold and may not be shared. The service may not be used to provide services, such as but not limited to, private servers, email and vpn services, network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of the what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. We thus reserve the right to manage uncapped users should network capacity be affected by outages, maintenance, pending upgrades or matters outside of our control.

 

Uncapped DSL and Home

These services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). These services are proactively managed by the Emsted Online Protocol Manager.

Premium Uncapped services are better suited to more advanced users, and are managed proactively by the Emsted Online Protocol Manager.

Premium Uncapped – Emsted Online Protocol Manager

The Emsted Online Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the Emsted Online Protocol Manager. The Emsted Online Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the Emsted Online Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the Emsted Online Protocol Manager will be suspended and could have their service cancelled.

Uncapped DSL – Emsted Online Protocol Manager

These services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.

There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the Emsted Online Protocol Manager and differ to the table below.

The thresholds per account speed are:

Speed   Threshold

1Mbps  20GB

2Mbps  40GB

4Mbps  80GB

5Mbps  80GB

8Mbps  100GB

10Mbps                120GB

15Mbps                160GB

20Mbps                200GB

30Mbps                225GB

40Mbps                250GB

50Mbps                250GB

100Mbps             300GB

200Mbps             400GB

500Mbps             600GB

1000Mbps           1000GB

Any user that is found attempting to bypass or circumvent the Emsted Online Protocol Manager will be suspended and could have their service cancelled.

 

Premium Plus Uncapped DSL

This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the Emsted Online Protocol Manager. The Emsted Online Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. Emsted Online reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.

We reserve the right to use the Emsted Online Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the Emsted Online Protocol Manager will be suspended and could have their service cancelled.

 

Hosting

Emsted Online offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Emsted Online’ discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Emsted Online reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

For Shared Hosting, Emsted Online will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Emsted Online is under no obligation to affect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.

Emsted Online will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Emsted Online prohibits Clients from doing the following on hosting platforms administered by Emsted Online:

Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.

Running applications with inadequate security controls.

Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.

Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.

Storing malicious content, such as malware or links to malware.

Monopolizing server resources, including CPU time, memory, network and disk bandwidth.

Maintaining long-running processes and long-running database queries.

Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.

Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.

Using poor passwords.

Sharing security credentials with untrusted parties.

Running Torrents for download or Seed Servers.

Running TOR (or other Online Anonymity Services).

Emsted Online strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.

Otherwise circumventing the Acceptable Use Policy or intended use of the product.

Protection of Minors

Emsted Online prohibits clients from using Emsted Online’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

 

Privacy and Confidentiality

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

 

User Responsibilities

Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Emsted Online’s service.

Emsted Online urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and Emsted Online cannot be held liable for the client being placed on any bulk mailing lists as a result.

Where the client has authorised a minor to use any of the Emsted Online’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

Emsted Online cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Emsted Online network. Further, Emsted Online assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client’s.

 

Notice and Take-down Procedures

Emsted Online confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Emsted Online’s designated agent for this process can be reached at (010) 500 1200 or at: complaints@ispa.org.za, P.O.Box 518, Noordwyk, 1687. The notice and take-down procedure can be viewed at https://ispa.org.za/code-of-conduct/.

 

Take-down notice email: complaints@ispa.org.za

Take-down notice information and form: https://ispa.org.za/tdn/

 

Clients are also notified of the content and procedures of the ISPA Code of Conduct (https://ispa.org.za/code-of-conduct/) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

 

Complaints and procedures

PO Box 518

Noordwyk

1687

Tel: 010 500 1200

 

Take-down notice email: complaints@ispa.org.za

Take-down notice information and form: https://ispa.org.za/tdn/

 

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

 

Please note that Emsted Online cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

 

In order for Emsted Online to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, e-mail and contain as much information as possible, including, but not limited to:

the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;

any contact details for the source of the complaint;

A brief explanation why the incident is considered to be an offence.

Emsted Online discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

 

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Emsted Online may take any of the following steps:

In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;

In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;

In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;

In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

Institute civil or criminal proceedings;

Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies

Reservation and Non Waiver of Rights

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

Emsted Online reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

Emsted Online reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

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

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

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

Emsted Online does not undertake to guarantee the security of any data passing through its networks. Although Emsted Online will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Emsted Online cannot be held liable for any loss or damage arising as result of the failure to do so.

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

Domain Registration

IMPORTANT NOTICE

This document contains the Terms and Conditions for registration, transfer and updates to Domain Names in the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg and .durban namespaces.

Please note the following important clauses:

You license a domain name to a 3rd party, you will be liable for harm that arises as a result (clause 7.3)

You warrant that certain information given to us is correct and that you will not use the domain name to infringe intellectual property or in unlawful ways; you indemnify us and the registry if any loss results from a breach of this warranty (clause 8).

You consent to processing of personal information as described in clauses 10.1 and 10.2

If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 10.4)

You exempt and indemnify the registry from all loss relating to its registration of a domain name (clause 11)

 

  1. Definitions

The following definitions apply to these Registrant Service Terms:

Us = Emsted Online

You = You the client/subscriber/domain owner.

1.1 “Administration Sites” means the Registry’s official administration website/s including, but not limited to: https://emsted.co.za/billing and the Registrar’s official administration website/s including, but not limited to: https://emsted.co.za.

1.2 “Agreement” means the Application read together with these Registrant Service Terms.

1.3 “Applicant” means the party making application for the delegation, transfer or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application.

1.4 “Domain Name” means the Domain Name in the Namespace, designated in the Application, and governed by the Agreement.

1.5 “Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same).

1.6 “General Terms” means the Registrar’s (Emsted Online’s) General Terms.

1.7 “ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation.

1.8 “Namespace” means the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.

1.9 “Personal Information” means information relating to an identifiable, living, natural person.

1.10 “Registrar” means 3rd party Service provider and Emsted Online fall under this agreement.

1.11 “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.

1.12 “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.

1.13 “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace.

1.14 “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of a Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

 

  1. Applicability

2.1 The Registry is responsible for delegating (registering) domain names in the Namespaces.

2.2 These terms and conditions apply to all the above-mentioned domain names.

2.3 The Applicant also agrees to be bound by the Published Policies.

 

  1. Status and Precedence

3.1 In addition to the General Terms, these terms and conditions govern the use of the Emsted Online registrar services. By contracting with Emsted Online for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

3.2 To the extent that any provision of this document conflicts with the provisions of the General Terms, the provisions of this document will prevail.

3.3 In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.

 

  1. Registration, Transfer and Deletion

4.1 The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees.

4.2 The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it.

4.3 The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period.

4.4 It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement.

4.5 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.

 

  1. Fees

5.1 See the provisions of the General Terms as they relate to fees, which are deemed to form part of this clause 5.

5.2 Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration.

5.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 5.

 

  1. Rights to Domain Name

6.1 The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of a Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.

6.2 The Registry and Registrar give no warranties of any nature whatsoever regarding the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

6.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.

6.4 Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 6.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.

 

6.5 The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

 

  1. The Applicant’s Duties

7.1 The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:

7.1.1 the full name, postal address, email address, voice telephone number, and fax number if available of the Applicant;

7.1.2 name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation;

7.1.3 the names of the primary nameserver and secondary nameserver(s) for the Domain Name;

7.1.4 the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and

7.1.5 the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.

7.2 The Applicant’s wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.

7.3 Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.

 

  1. The Applicant’s Warranties & Indemnity

8.1 The Applicant hereby irrevocably represents, warrants and agrees that:

8.1.1 the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;

8.1.2 it has the right without restriction to use and register the Domain Name;

8.1.3 to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;

8.1.4 will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;

8.1.5 at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and

8.1.6 it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

8.2 Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

 

  1. Suspension, Cancellation and Transfer

9.1 The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):

9.1.1 in the circumstances contemplated in clause 5.2;

9.1.2 should the Applicant breach any warranty given under clause 8.1;

9.1.3 if the Applicant withdraws its consent for processing of Personal Information described in clause 10;

9.1.4 should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;

9.1.5 in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Policies or ICANN policy applicable to the Registrar;

9.1.6 on receipt of an order by any competent court having jurisdiction; or

9.1.7 on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).

9.2 In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

9.3 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.

 

  1. Personal Information

10.1 Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:

10.1.1 use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;

10.1.2 inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;

10.1.3 transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;

10.1.4 transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa

10.2 In processing the Personal Information as set out in clause 10.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.

10.3 THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 10.1 AND 10.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

10.4 THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 10.1 AND 10.2 RESPECTIVELY.

10.5 When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.

10.6 The Applicant can access and rectify the Personal Information submitted to the Registrar by accessing Client Control Panel (CCP).

10.7 The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 10.1.

10.8 The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorised disclosure, alteration or destruction.

10.9 Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

 

  1. Exemption and Indemnity of the Registry

11.1 THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.

 

  1. General

12.1 For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

12.2 For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.

12.3 The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

12.4 The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.

12.5 The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.

12.6 To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.

12.7 In the event that any of these terms 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

DSL Services

The maximum achievable speed on all DSL Data services is 40 Mbps. If you are using a DSL Line and would like to achieve speeds higher than 40 Mbps, please consider using our Fibre Data services.

The Acceptable Use Policy for all Uncapped services (including discontinued services) can be found here. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the second last day of the month to prevent service interruption on the 1st of each month.

Prepaid services are a once off purchase and are valid for a period of 12 months (1 year), you are able to top up the prepaid service with additional bandwidth of the same service type at any time, with each top up the validity of the prepaid service will be extended with an additional 12 months (1 year).

The capacity of the Network and available bandwidth is in no way guaranteed on any of the bandwidth based services offered by Emsted Online and as such we reserve the right to manage (shape, throttle, limit protocol through-put) all services in accordance with the available network capacity at all times. Our first priority will always be to provide the best possible experience to all of our users when/if it becomes necessary to manage services.

 

Just DSL

Although we endeavour to keep our coverage data as accurate as possible, we are reliant on the maps provided to us by Openserve, which may sometimes have slight inaccuracies.

The advertised line speeds are a representation of the maximum possible throughput on that package. This speed is dependent on and varies from exchange to exchange as regulated by Openserve. In certain areas, some speeds are not achievable.

Due to Openserve infrastructure restrictions, some line speeds may not be available in your area. Check coverage in your area to see which packages are available in your area.

All Just DSL packages are subject to an Acceptable Use Policy. Just DSL accounts are locked to a single location. The location it gets locked to is the location you supply during sign up.

Regular Openserve copper line required to apply for a Just DSL package. A voice line, however, is not required.

Performance is subject to contention. This means that data speeds and latency may be affected by factors outside of Emsted Online’s control or demand for bandwidth at any given time.

 

*Save more than R200 every month

Based on a basic Telkom Landline rental package at R210pm. Actual monthly saving might differ depending on the landline package you are currently using.

 

Shaping and prioritisation

Just DSL packages are uncapped, unshaped and unthrottled. There are no usage thresholds so you can use as much data as you like, whenever you like. No throttling or shaping will be applied.

 

Setup fee

The setup fee is prescribed by Openserve, not Emsted Online.

The setup fee is covered by the client we will bill your for this setup fee.

Emsted Online reserves the right to change the promotion at any time. While stocks last. E&OE.

 

Cancelling your current DSL line

If you are an existing user of a DSL service and would like to Cancel your current data, line and Telkom phone line in order to move to the Just DSL service, then we recommend that you do not cancel your current service(s) until a Technician has been sent out to your premises to inspect and perform the installation.

The Technician will either use the existing Infrastructure (copper and wall point) or install a completely new line, which will run simultaneously. You should only cancel your current DSL service, once the your new Just DSL service is live. This overlap of services is to ensure there is A.) No interruption of Internet Connectivity during the cross over and B.) Ensure that there are DSL ports available for your line in the Openserve local Exchanges. If you cancel your existing service on a full DSLAM and someone else’s order comes up before yours, then you could lose the available port and your new Just DSL order cannot be completed – which could result in you losing your DSL Internet connection all together.

 

Capped Services

Rollover of Data

Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top up data.

The most recent rolled over data will be used first, working on a system of last in first out.

 

EXAMPLE

The monthly renewal on a 10GB service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

 

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the ADSL line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP’s (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy which can be found here, please take the time to read through it as important information is communicated there-in. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

 

Combo Services

Combo Pricing

Combo pricing applies to one data service and one adsl line tied together as a combo. The process of transferring/activating the ADSL line takes place at the time of the order and cannot be ordered for a future date. Once a service is combined, the DSL service will be locked down to the DSL Line, the service cannot be used on a different DSL Line.

Line Transfer Combo

On initial sign up a discounted amount will be billed for the data portion of the combo and there will be no charge for the transfer of the ADSL line if it takes place in the current month. A discounted amount will be billed on transfer of the ADSL Line at any time other than the current month. The full combo price will be billed on the 1st of the following month.

New Line Combo

A discounted amount will be billed for the data and ADSL Line once the ADSL Line is activated by Telkom. The service on the combo will be activated once payment is received for the amount billed. The full combo price will be billed on the 1st of the following month.

Permanent Upgrade/Downgrade of Combo

In order to upgrade/downgrade your existing combo you will need to first split the combo. Once the combo has been split, the changes can be made and the services can then be combined again. The new combo price will be billed on the 1st of the following month.

Cancellations

In order to cancel one or both services within a combo it is necessary to first split the combo. Once the combo has been split the desired changes can be made.

Splitting Combos

When combos are split, they will be billed at the stand-alone price per service.

Combining Existing Services

When services are combined the combo price will apply from the 1st of the following month.

* Combo pricing excludes already discounted services and special offers

* Combo pricing applies to selected products only

 

Telkom ADSL Lines

By purchasing/applying for an ADSL Line service it is agreed that you accept and agree to the Terms & Conditions as stated below:

I/We hereby authorise Emsted Online PTY (Ltd) to apply for a new convert, migrate, migrate back, convert back of my/our ADSL Line from Telkom SA Ltd or my current ADSL Line Supplier on behalf of Telkom:

In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the client, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Telkom SA Ltd. runs automated health checks on all ADSL Lines and might adjust the speed of your line in order to supply the best service possible. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the client’s account will be credited accordingly. Emsted Online PTY (Ltd) will on behalf of our client as far as possible deal with Telkom SA Limited on the client’s behalf. Should a fault be logged with Telkom SA Ltd. on the client’s ADSL Line which results in a Technician being dispatched and it is found that the fault is due to faulty equipment or incorrect setup of equipment by the client an Unnecessary Call-Out charge may be charged to the client’s Emsted Online account. Any credit due to the client by Telkom SA Limited after the transfer of their ADSL Line to Emsted Online (PTY) Ltd remains the responsibility of Telkom SA Limited and the client will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by Emsted Online (PTY) Ltd. Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately.

 

In order to transfer an existing ADSL Line from Telkom/another ISP to Emsted Online (PTY) Ltd it is necessary for the client to request their current ISP/Telkom to perform a migrate back application. Only once the migrate back application has been completed will Emsted Online (PTY) Ltd be able to apply for the transfer. During this process of transfer between ISP’s/Telkom the ADSL line will be in a suspension state with no ADSL access. The client has 30 days from the date of the migrate back application to request re-activation of the ADSL Line, if the re-activation is not done within 30 days, the ADSL Line will be completely cancelled. Applications received where the incorrect number has been supplied by the client will be charged for until the application has been cancelled by Telkom. No refund requests will be considered where the incorrect number was supplied on application.

The client will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line.

The ADSL line rental will be billed to the client by Emsted Online (PTY) Ltd together with any other services provided to them. On completion of a new, transfer or upgrade/downgrade of an ADSL Line an invoice will be generated and debited via the clients nominated payment method.

 

Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be migrated back if the outstanding amount is not settled within 7 days. A migrate back will result in the ADSL Line being suspended and completely cancelled 30 days thereafter if the outstanding amount is not settled.

Payment for the rental of the ADSL Line is due before the 1st of every month, failure to pay will result in the ADSL line being migrated back. Should you approach Telkom directly to have your telephone number ported, the ADSL service on your line will automatically be cancelled. Please advise us of your intent to port (move) your telephone line to a new address so that we may arrange for the ADSL line to be moved together with your telephone line. Should an incorrect telephone number be provided for the ADSL line and the service is successfully activated, the client will be liable for any costs arising from the activation of the ADSL Line service.

Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month and the cancellation may be subject to early cancellation fees.

Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or migrate back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/migrate back will be actioned before the last day of the month or only take place the following month.

Please note that as standard practice the up to 20Mbps VDSL service is activated by Telkom as an ADSL2+ service which has a lower upload speed than the VDSL service. Please contact us on 0813977937 or support@emsted.co.za should you wish to change to VDSL. We will then submit a request to Telkom to have the line changed to VDSL if possible. The upload speeds for up to 20mbps ADSL2+ are 1Mbps and the upload speed for up to 20Mbps VDSL is 2Mbps.

Queries pertaining to your ADSL line can be directed to support@emsted.co.za .

 

Telkom terms and conditions can be found at: http://www.telkom.co.za/sites/aboutus/regulatory/termsandconditions/

Fibre Services

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Emsted Online a Fibre router/modem is required (see free to use router/modem down the page), this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/Emsted Online or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the client’s account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Emsted Online only offer Fibre to the Home services through our Fibre Line Providers at this time.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Emsted Online, the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days’ notice depending on the Fibre Provider, the earliest date for a downgrade request will be displayed in the Client Control Panel when submitting the request. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel or support@emsted.co.za at least a calendar month before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel or we will inform you via email. Cancellation requests which do not adhere to a calendar month notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order, it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of Emsted Online bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Capped Services

Rollover of Data

Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top up data.

The most recent rolled over data will be used first, working on a system of last in first out.

EXAMPLE

The monthly renewal on a 10GB service is 10GB. The monthly renewal on a service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the Fibre line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP’s (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy which can be found here, please take the time to read through it as important information is communicated there-in. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP (Acceptable Use Policy). 

Uncapped services are billed on a calendar month basis (1st  to last day of the month) and payment is due in advance by the second last day of each month.

 

Free to use Router.

Emsted online offer ta free to use router. You will be liable for the delivery of your free to use router. Delivery charges will be loaded to your first invoice. The Amount will differ from your location. The delivery charge will be from the supplier to us and to you or the supplier to you.

In the event that you cancel your service with us in one year 12 months you will be liable for the cost of the router/modem. This price will be set on the type of equipment and the retail price there off.

 Transfer/Relocation

Emsted online do not offer any fibre transfer or relocation of any Fibre line as the network providers do not do transfers. Normal cancellation of service will apply and a new order must be place for the new address. 

Cancellation is subjected to a early cancellation fee if needed. Which is payable with the cancellation. If not paid in time the current fibre can be suspended until the cancellation fee have been paid.

Cancelation of service before installation

When you have applied for the fibre service you have agreed to our terms and conditions. An order has been places with the network provider and to cancel before installation You will be charge a penalty fee. This fee depends on the first tier Service Provider. If not paid the cancellation will not be granted and the first tier service provider will cease any other ISP from putting in an order for fibre on the premises. 

The client has to return the router in the original state you have received it. The delivery charges to the client and back to Emsted Online’s supplier will be for the client’s account. The courier back to us will be overnight as we will bill the amount of the router if the router does not arrive with us within 72 hours after cancellation.

Where the client did not receive the router before cancelation and Emsted online can proof that the router has been ordered and shipping has been paid the client will be billed for it. 

Hosting

  1. Introduction

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

1.2. Hosting services refers to the following: Linux Shared Hosting, Email Only Hosting, WordPress Hosting, Windows Shared Hosting, Cloud Servers.

  1. Domain Registration

2.1 Emsted Online registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Emsted Online 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 Emsted Online.

2.2 Emsted Online registers domains through approved Domain Registrars, such as ZA Domain Registrar (for gTLDs). Emsted Online 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 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. Emsted Online may post links to these terms and conditions on the Emsted Online Website purely as a convenience to the Client.

2.4 Where Emsted Online 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. Emsted Online will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

2.5 Emsted Online will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Emsted Online 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.

  1. Domain Renewal/Registration

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 Emsted Online 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 Emsted Online with the registrar concerned.

  1. Domain Renewal

4.1 Emsted Online will register a domain for a specified period (generally one year)

4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify Emsted Online of the failure.

4.3 Emsted Online will endeavour to send a courtesy reminder to the Client, such as an SMS, email. Such reminders in no way transfer responsibility to Emsted Online for ensuring that the domain is renewed.

4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.

4.5 Clients registering domains must take note of the registration date, and ensure that renewal is effected.

  1. Domain Transfer

5.1 Emsted Online will transfer existing (registered) domains from existing hosting providers to Emsted Online’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 Emsted Online from any disputes regarding ownership of the domain and any claims as a result thereof.

5.2 On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Emsted Online is accepted and to advise Emsted Online of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

  1. Cancellation

6.1 The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via the Control Panel (Purchases on Promotion may carry additional T’s & C’s).

6.2 Cancellation, by the Client or Emsted Online, will result in any data being permanently removed from Emsted Online’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. Emsted Online 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 Emsted Online will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

  1. Liability for Registration and Use of Domain Names

7.1 Emsted Online 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 Emsted Online reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Emsted Online 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 Emsted Online 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 Emsted Online cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Emsted Online may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Emsted Online shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Emsted Online and Emsted Online 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 Emsted Online until a court or other body with jurisdiction directs otherwise.

  1. Registrant Contact Details for co.za, net.za, web.za and org.za

The ZACR policy indicates that the registrant contact details have to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.

8.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and

8.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.

  1. Hosting Services

9.1 Emsted Online does NOT guarantee SMTP mail relay services by default with shared hosting packages. This is provided merely as a value added extra.

9.2 Emsted Online 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.

9.3 Emsted Online 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.

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

9.5 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.

  1. Backups

10.1 Clients are solely responsible for backing up their data(website, emails, ext) and Emsted Online strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Emsted Online will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

10.2 Clients are ultimately responsible for their own data, and Emsted Online 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.

10.3 Emsted Online 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 Emsted Online by instruction from Clients or by Clients themselves.

10.4 Emsted Online 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.

10.5 Emsted Online endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. Emsted Online will in no way be held responsible for any loss of content whatsoever.

  1. Cloud Hosting

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

11.2 Emsted Online 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 Emsted Online 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 Emsted Online’s AUP and Terms & Conditions (contrary to the intended use of the product).

11.4 Emsted Online 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 Emsted Online 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 Emsted Online 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.

  1. Use at Client’s Risk

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

12.2 Clients expressly agree that use of Emsted Online’s Server(s) and Services are at the Client’s sole risk.

  1. Spam/Virus Filtering

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

13.2 Emsted Online reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

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

 

  1. Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Emsted Online 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 Emsted Online receive a takedown notice from ISPA, Emsted Online 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.
  1. Software Updates

Emsted Online will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

 

  1. Disclaimers, Limitations and Indemnities

17.1 Emsted Online 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 EMSTED ONLINE IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

17.2 The Client hereby indemnifies and holds harmless Emsted Online 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 Emsted Online has been advised of the possibility of such damages;

17.3 Emsted Online 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.

17.4 Neither Emsted Online, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Emsted Online’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 Emsted Online Server service, unless otherwise expressly stated in this Agreement.

17.5 Emsted Online 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. Emsted Online specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

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

17.7 Clients also hereby indemnify Emsted Online 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 Emsted Online to share or cover such losses or liability, either directly or indirectly. Emsted Online is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

 

  1. Down Time

18.1 Emsted Online 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. Emsted Online specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

18.2 As Emsted Online servers are held by a 3rd Party company we do not take any responsibility for any down time as a result of the 3rd party service provider service interruptions.

18.3 Emsted Online will inform their clients where scheduled maintenance is planned by our servers’ providers.

18.4 Where interruption of service may occur without notice Emsted Online will inform the client’s IF we have response from the server’s providers. This is a courtesy service only.

18.4 All down time is temporary. Please inform us of the down time if it takes longer than 3 hours of first encountering the down time. Emsted Online are on the same servers and experience the same downtime as all our clients. In some case we will be on and the client can still be off.

18.5 Downtime have many factors and is an unstoppable occurrence Emsted Online cannot promise 100% service as there is a lot of factors that can result in down time.

18.6 Downtime do not mean account suspension.

 

  1. Suspension.

19.1 All hosting is on a pre-paid basis and is billed in advanced.

19.2 Emsted Online accounting system generates invoices in advance well before the due date, if an invoice is unpaid after 4 days, the system will automatically suspend your domain.

19.3 A domain will be unsuspended after full outstanding balance have been paid and cleared in Emsted Online bank account. IF Ozow Payment is done then the system will Automatically unsuspend the domain if the full amount have been paid. Else unsuspension can take up to 48 hours. Proof of payment must be emailed to accounts@emsted.co.za

19.4 Emsted Online Accounting system will load a penalty fees on the outstanding invoice if not paid in 5 days after the due date. This will not be credit or taken off for any reason as Emsted Online pays a penalty to the Server Providers for late payments. Penalty charges depends on the service and changed from time to time. Currently Hosting and domain penalty is set at R100.

ICASA Code of Conduct & Service Charter

Introduction

  1. Emsted Online (Pty) Ltd (“Emsted Online”) do not hold any licences issued by the Independent Communications Authority of South Africa (“ICASA”). Despite not holding these licences, Emsted Online currently only resells the electronic communications services provided by its upstream providers to its subscribers.

 

  1. ICASA requires that all licence-holders comply with, inter alia, the:

2.1. ICASA Code of Conduct Regulations 2007, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and

2.2. ICASA End-User and Subscriber Service Charter Regulations 2016, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.

 

  1. Emsted Online has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers, but records that as a reseller of third party networks and services the below may be of limited application.

 

  1. The ICASA Code of Conduct Regulations 2007 are available here.

 

  1. The ICASA End-user and Subscriber Service Charter Regulations 2016 are available here.

 

Definitions

  1. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.

 

  1. “Business Hours” means 08h00–17h00 on Business Days.

 

  1. “Customer” means a subscriber or potential subscriber of Emsted Online.

 

Key Commitments

  1. Emsted Online makes the following key commitments and will endeavour to:

9.1. Act in a fair, reasonable and responsible manner in all dealings with Customers;

9.2. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;

9.4. Display utmost courtesy and care when dealing with Customers;

9.5. Provide Customers with information regarding services and pricing;

9.6. Where requested to do so, to provide Customers with guidance with regard to their service needs;

9.7. Keep the personal information of Customers confidential unless Emsted Online is:

In possession of written authorisation from the Customer to do so;

Required to release such information for the purpose of briefing Emsted Online’ auditors, professional advisors or an accredited debt collection agency; and/or

Otherwise authorised or required by any law or an order of Court.

 

  1. Customers have the right to refer Complaints to ICASA as more fully set out in Emsted Online’ Complaints Procedures.

 

Consumer Rights

  1. The ICASA Code of Conduct Regulations 2007 stipulate the following (non-exhaustive) list of consumer rights held by consumers:

11.1. A right to be provided with the required service without unfair discrimination;

11.2. A right to choose the service provider of the consumer’s choice;

11.3. A right to receive information in the consumer’s preferred language;

11.4. A right to access and question records held by the service provider which relate to the consumer’s relationship with the service provider;

11.5. A right to the protection of the consumer’s personal data, including the right not to have personal data sold to third parties without the consumer’s permission;

11.6. A right to port a number in terms of applicable regulations;

11.7. A right to lodge a complaint; and

11.8. A right to redress.

 

Availability of Information

  1. The following information can be obtained from Emsted Online by email request to info@emsted.co.za (with no charge payable), and is available for inspection at Emsted Online’ offices during Business Hours:

12.1. Emsted Online’ range of services/products on offer;

12.2. Tariff rates applicable to each service offered;

12.3. Terms and conditions applicable to such services/products;

12.4. Payment terms;

12.5. Billing, billing processes and the Billing Disputes Procedure;

12.6. General Complaints Procedure; and

12.7. Relevant contact details.

 

Billing

  1. Emsted Online will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.
  2. Billing terms are also set out on Emsted Online’ invoices.

 

Defective Items

  1. Where a product is defective, Emsted Online will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.

 

Application/Credit Vetting

  1. Where applicable, Emsted Online reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.

Terms and Conditions of Service

  1. Emsted Online will provide the Customer with a copy of the written contract and/or terms and conditions (or link thereto) upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into the website, he have electronically accepted the terms and conditions set out on the website, We serve this as a electronically signed and enter to the agreement. A copy of these documents is always available on our website.
  2. These documents will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination, and any other rules which may govern the relationship between Emsted Online and the Customer.
  3. Where Emsted Online makes changes to the terms and conditions of its services, Emsted Online will inform the Customer of such changes within a fair and reasonable period.

 

Minimum Service Standards

  1. The End-user and Subscriber Service Charter Regulations 2016 set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):

20.1. 95% network service availability averaged over 6 months;

20.2. 95% service availability averaged over 6 months;

20.3. For Fixed Services, 95% success rate in meeting residential services installations within 30 days of request measured over 6 months, and 90% successful installations for business services within 30 days of request measured over 6 months;

20.4. For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months, and for Mobile Services 99% activated within 48 hours measured over 6 months;

20.5. For Fixed, 90% of faults cleared within 5 days measured over 6 months, and for Mobile Services, 95% of faults cleared within 24 hours measured over 6 months;

20.6. Average call setup success ratio must be greater than 98% averaged over 6 months;

20.7. Average call setup time must be less than 20 seconds averaged over 6 months;

20.8. Average dropped call ratio must be less than 3% averaged over 6 months;

20.9. Average message transmission success ratio must be greater than 98% of attempted SMS’ averaged over 6 months;

20.10. End-to-end delivery time for SMS’ must be less than 60 seconds averaged over 6 months;

20.11. Average speech quality on the Mean Opinion Score (MOS) must be greater than 3 averaged over 6 months.

  1. Emsted Online will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to Emsted Online.
  2. Customers acknowledge that Emsted Online is directly dependent on network and other services provided by third parties in providing the services, and that Emsted Online cannot be held liable in any manner whatsoever for any failure to meet any specified standards where this results from the acts and/or omissions of such third parties.

ICASA Complaints procedure

Introduction

  1. In order to provide electronic communications services to its subscribers, Emsted Online (Pty) Ltd (“Emsted Online”) do not hold any licences issued by the Independent Communications Authority of South Africa (“ICASA”). Despite not holding these licences, Emsted Online currently only resells the electronic communications services provided by its upstream providers to its subscribers.
  2. ICASA requires that all licence-holders develop and publish its procedures for handling Complaints and Billing Disputes, in order to comply with the requirements in:

2.1.The ICASA Code of Conduct Regulations 2007, which are available here; and

2.2. The ICASA End-User and Subscriber Service Charter Regulations 2016, which are available here.

  1. Emsted Online has developed this document in line with these Regulations, and will follow the procedures set out below in dealing with Complaints and Billing Disputes (as defined herein) with its Consumers.

 

Definitions

  1. “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.
  2. “Billing Dispute Notice” means a formal, written notice submitted to Emsted Online by the Customer in terms of this Procedure.
  3. “Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.
  4. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Emsted Online including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.
  5. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  6. “Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.
  7. “Customer” means an Emsted Online subscriber or potential subscriber.

 

General Complaints Procedure

  1. This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
  2. The Customer is required to direct a formal Complaint to accounts@emsted.co.za

 

  1. The Complaint is required to be accompanied by the following:

13.1. The Customer’s full particulars and contact details;

13.2. The Customer’s relationship with Emsted Online, together with any customer reference numbers or details which may be applicable;

13.3. A statement of the reasons for the Complaint, with enough detail to allow Emsted Online to assess these; and

13.4. Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.

 

  1. Following the ICASA Code of Conduct Regulations, Emsted Online will:

14.1. Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and

14.2. Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.

 

Billing Disputes Procedure

General

  1. Billing Enquiries should be directed to accounts@emsted.co.za.
  2. The Customer expressly acknowledges and agreed that:

16.1. Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Emsted Online by the due date of that invoice;

16.2. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);

16.3. The Billing Disputes Procedure is only triggered when Emsted Online receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 20; and

16.4. Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to accounts@internet.co.za, Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to accounts@internet.co.za.

  1. Please note that Emsted Online will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

 

Customer Acknowledgements

  1. The Customer expressly agrees to allow Emsted Online to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any bank. Emsted Online requires and Customer expressly agrees that Emsted Online will be the first option in Billing Disputes. Should Emsted Online receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Emsted Online has been given a chance to resolve the Billing Dispute, then Emsted Online has the right to collect on the rendered services and any fees associated with those charges.
  2. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Emsted Online still retains the right to collect on any rendered services or fees that are due. Should Emsted Online be unable to reverse any disputed amounts with a third party, credit card company or bank, Emsted Online will submit the full delinquent amount for collection.

 

Withholding the Disputed Amount

  1. The Customer may only withhold payment of a Disputed Amount where Emsted Online receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

 

Initiating Billing Disputes

  1. A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.
  2. The Customer is required to direct a formal Billing Dispute Notice to feedback@internet.co.za.
  3. The Billing Dispute Notice is required to be accompanied by the following:

23.1. The Customer’s full particulars and contact details;

23.2. The Customer’s relationship with Emsted Online, together with any customer reference numbers or details which may be applicable;

23.3. Invoice number and date;

23.4. The amount in dispute (“the Disputed Amount”);

23.5. The amount not in dispute (“the Undisputed Amount”);

23.6. A statement of the reasons for the Billing Dispute, with enough detail to allow Emsted Online to assess these; and

23.7. Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

 

Response to Billing Dispute Notice

  1. In terms of the ICASA Code of Conduct Regulations, Emsted Online will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
  2. Emsted Online shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.
  3. Emsted Online may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Emsted Online in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Emsted Online.
  4. Emsted Online will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:

27.1. A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;

27.2. A rejection of the Billing Dispute Notice on the basis that:

The Billing Dispute Notice was not received by Emsted Online within thirty (30) calendar days of the date of the relevant invoice, as required in clause 20;

The Billing Dispute Notice does not contain all of the information required, as set out in clause 23, or was not submitted in the required manner, as set out in clause 22;

The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 20.

Emsted Online has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;

The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or

Emsted Online reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.

27.3. Any alternate resolution that Emsted Online deems appropriate.

 

Response Implications

  1. If stipulated in Emsted Online’ response in terms of clause 27 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of Emsted Online’ response.
  2. If stipulated under Emsted Online’ response in terms of clause 27 that Emsted Online must withdraw the Disputed Amount or refund a fee already paid, Emsted Online must as soon as practicable:

29.1. Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Emsted Online’ standard billing terms; or

29.2. Credit any Disputed Amount already paid by the Customer.

 

Continued Service Provision

  1. Emsted Online will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Emsted Online has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
  2. Emsted Online reserves the right, however, to take such measures mentioned in clause 30 immediately:

31.1. Where a determination of the Billing Dispute has been made and communicated to the Customer; or

31.2. Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.

  1. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Emsted Online shall continue to have the right to terminate or suspend the service in accordance with Emsted Online’ rights under the agreement that the Customer has with Emsted Online.

 

Confidentiality

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

 

Referral of Complaints to ICASA

  1. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give Emsted Online an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.
  3. ICASA can be contacted in the following ways:

36.1. telephone: 011 566 3000;

36.2. fax: 011 444 1919; and/or

36.3. email: consumer@icasa.org.za

Mobile – LTE

SIM delivery to a client will be for the client’s account.

MTN Fixed LTE

MTN Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service which will continue on a month-to-month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via the Control Panel (Purchases on Promotion may carry additional T’s & C’s), cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (before the 25th of each month) but the new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes).

You are able to purchase additional data should your monthly allocation run out. This is a once off purchase which you pay for immediately. Unused topup data will rollover for one month. E.g. Purchase 10GB of Topup data on 15 October, 6GB is used up until 31 October, the remaining 4GB will be carried over to November and will be available to use up until 30 November, thereafter it will fall away. Data that has over run the available data total will be deducted from your next top-up. Example, 100GB purchased, 105GB used before capping takes place, top-up with 10GB only 5GB will be allocated.

Unused monthly data as well as topup data will rollover for 1 month. At the start of each month the rolled over data (monthly and topup) will be used first, once exhausted the monthly allocation will be used.

Night time data (where applicable) is free or part of the package data that is available to use every day between 12am and 6am. Data used during these hours will be deducted from the Night time available data balance. When Night time data is depleted, the available monthly data will be used. Night time data is Promotional data and Emsted Online reserves the right to withdraw it should it be deemed necessary.

This service is a Fixed LTE service which is only available on LTE Technology (excludes 3G and 2G technologies). The service is only available at pre-defined locations as provided by MTN. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. MTN will allow one change in location per year, please provide us with 30 days’ notice thereof in order for us to submit the request timeously. Should the new location not be within MTN Fixed LTE Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.

MTN have specific hardware requirements, as such the devices supplied by Emsted Online with the MTN Fixed LTE service are those approved by ICASA and MTN.

Should a client opt to purchase their own device it must be one of the MTN approved Cat6 devices listed below, please note that using a non-approved device will result in the service being blocked.

Huawei B618

Huawei B525

Huawei B612

ZTE MF286C

The approved LTE Devices carry a 12 month Warranty if ordered through Emsted Online with their SIM, device warranty claims for the Recommended LTE Devices will be handled by Emsted Online who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, Emsted Online has a 5 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. If the router is returned within 5 days from delivery it will be refunded or replaced with a new unit provided the unit is returned in the same condition it was received. The cost of returning the device is the responsibility of the client and will be charged to the clients account.

On the day of purchase a prorata invoice and prorata data will be allocated and debited accordingly. The payment methods that will be accepted for the purchase and renewal of the service are EFT only, please note that any other services already on the Profile which the purchase is being made on will automatically update to EFT. The SIM and Device will be delivered within 7 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated.

The purchase of the MTN Fixed LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to Emsted Online, as such please be advised that your personal details will be received by the courier, courier company and Emsted Online. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

 

Telkom LTE

Telkom LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 10Mbps and 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (promotions may carry additional t’s & c’s) and must be submitted via the Control Panel or Email to support@emsted.co.za, cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (except the last 2 days of each month) but the new service will only be effective from the 1st of the following month. The monthly data is referred to as anytime data, free data which can be used between 12am and 7am is referred to as night surfer data. Where applicable anytime data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and the night surfer data is valid for 30 days from purchase (not exceeding the month of purchase). You are able to purchase additional data should your monthly allocations run out. This is a once off purchase which you pay for immediately. Where applicable unused data will only rollover if the service is active and paid up to date. Where applicable unused anytime top up data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and night surfer top up data is valid for 30 days from purchase (not exceeding the month of purchase).

 

Data is used in the following sequence:

Anytime data – Anytime top up data – During Night Surfer Hours 12am to 7am

Night surfer data – Anytime data – Anytime top up data

Data usage information and data balances are provided to Emsted Online once every 24 hours by Telkom. This information will be updated as received and can be viewed in the Control Panel.

This service is a mobile wireless service which can be used anywhere within Telkom LTE Coverage areas. Emsted Online will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

Services purchased packaged together with a modem must be used in the modem provided, failure to do so may result in the service not working. The make and model of the modem will be determined at Telkom’s discretion.

The modem carries a 1 year Warranty if ordered through Emsted Online together with the Telkom SIM, device warranty claims for the modem will be handled by Emsted Online who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, Emsted Online has a 5 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. The cost of returning the device is the responsibility of the client and will be charged to the clients account if arranged by Emsted Online.

A prorata invoice will be generated on the day of purchase and debited accordingly. On the day of activation, we will allocate a prorata amount of data. We will re-calculate the amount due according to the date of activation and credit the initial prorata invoice generated on the purchase date. Any credit amounts will be used towards the next invoice due and any amounts due will be processed immediately against the default payment method on the profile.

The only payment method that will be accepted for the purchase of this service is EFT, please note that any other services already on the profile which the purchase is being made on will automatically update to EFT. The SIM/Device will be delivered within 10 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 72 hours for activation of the service.

 

The purchase of the Telkom LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to Emsted Online, as such please be advised that your personal details will be received by the courier, courier company and Emsted Online. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here: http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the client’s account.

 

LTE

SIM cards provided by Emsted Online are not automatically LTE enabled. LTE capable Emsted Online Mobile SIMS can be activated for LTE services via the Client Control Panel. Activation of LTE on the SIM is within 72 hours of the request. Clients using their own MTN SIM for Emsted Online Mobile Data will need to request the activation of LTE with MTN directly.

An LTE capable device is required in order to obtain LTE speeds.

 

Purchasing of Data and Devices

Emsted Online reserves the right to limit the quantity of purchases made. Data and devices may only be purchased via EFT,  Cash Deposits are not accepted. Your order will be shipped once your payment has been cleared.

All purchases of data are prorated on the day of purchase, both the data allocation and price are prorated. Should delivery of your SIM occur the month after it was purchased the data allocated on the SIM will be calculated from the date of purchase to the last day of the month it was purchased in.

EFT payments can take up to 10 working days to clear. Your order will be shipped on the first working day of your payment being cleared.

 

Rollover of Data

Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top up data.

The most recent rolled over data will be used first, working on a system of last in first out.

EXAMPLE

The monthly renewal on a 10GB service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

 

Device Support

Technical support is provided for the setting up of the APN on the client’s device. Emsted Online does not offer support on applications or set-up of device applications such as email.

 

Existing SIM

Clients are able to use Emsted Online Mobile Data on their existing contract MTN sim (not available on prepaid MTN sim’s). The client’s use of their existing MTN contract sim is subject to the same Terms and Conditions as all other Emsted Online Mobile Data products and services. Should we fail to verify your MTN sim with MTN for provisioning of Emsted Online Mobile Data your order will be deleted (all purchases within the order) and the purchase/s will need to be re-purchased.

 

“Topping-up” Data

Mobile data clients are able to top up their data should they exhaust it at any time during the month. This top-up can be done via the Control Panel or Mobile Control Panel. Data that has over run the purchased data total will be deducted from your next top-up. Example, 500mb purchased, 550mb used before capping takes place, top-up with 500mb, 450mb will be allocated.

 

ADSL Voucher Transfer

An ADSL voucher purchased from our retail partners can be converted to mobile data via the Control Panel. The conversion table below applies to the ADSL voucher purchased and transferred:

1 Gig Prepaid ADSL Voucher = 100 Megs Mobile Data

2 Gig Prepaid ADSL Voucher = 500 Megs Mobile Data

3 Gig Prepaid ADSL Voucher = 1 Gig Mobile Data

4 Gig Prepaid ADSL Voucher = 2 Gigs Mobile Data

5 Gig Prepaid ADSL Voucher = 3 Gigs Mobile Data

The 4-for-1 ADSL Voucher promotion does not apply when converting an ADSL voucher to mobile data. Please take special note that you cannot transfer data on a voucher that has already been activated (activated by means of logging into the voucher via the voucher control panel or entering the username and password onto your ADSL modem/router).

 

Cancellation of Data

If a data product is cancelled the SIM card linked to the product including any unused data will be cancelled on the requested date. If the client has opted to use their own SIM, the Emsted Online Mobile Data service will be discontinued on their selected SIM. Once cancellation of the SIM has taken place it cannot be reactivated.

 

Failure to Pay

Should we not receive payment for data purchased the data together with the SIM provided will be cancelled. If the client has opted to use their own SIM, the Emsted Online Mobile Data service will be discontinued on their selected SIM. Once the SIM has been cancelled it cannot be reactivated.

 

Mobile Devices, Warranty and Exchange/Return Policy

Certain Mobile Devices are only available to be purchased together with a Mobile Data product and cannot be purchased as a stand-alone product. Emsted Online has a 7 business day device return policy from date of purchase. Units returned must be returned as shipped (i.e same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. Emsted Online will NOT arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Emsted Online or the Supplier. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics

All Mobile Devices are covered by a product specific warranty as per the manufacturer’s warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return). Using incorrectly sized SIM cards and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, Emsted Online nor the Supplier will be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Failure to abide by Emsted Online’ policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Device warranty claims for Xiaomi products are supplied and serviced by Mobile in Africa, warranty claims for these products will not be facilitated by Emsted Online unless otherwise stated.

 

The Warranty on Xiaomi Smart Phones is 12 months, the battery and accessories provided with the smart phone carry a 6-month Warranty.

Device warranty claims for Huawei products and devices will be handled by Emsted Online who will deal directly with the Supplier on the clients behalf.

The warranty on Huawei devices is 12 months.

In order to speed up warranty claims and repairs we are required to provide the purchaser’s contact details to the suppliers. These details are provided to the supplier on condition that it may only be used to verify the purchase of the product and will not be used in any other manner.

Xiaomi Products and Devices

Mobile in Africa

https://mia.africa.com/za/support

Please note that the Delivery of Xiaomi Devices once payment has cleared are handled by the Supplier and not Emsted Online, all Deliveries which include a SIM Card are subject to RICA Verification and you may be required to provide certain documentation on Delivery. Please refer to the section below on Identity Verification Requirements for more information on RICA.

 

Identity Verification Requirements (RICA)

By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

All Data products are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008). Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. Failure to produce the required aforementioned information will result in the product not being activated, regardless of any amounts billed.

Delivery of the data product will not take place if the required documentation is not produced and successfully verified. RICA verification must be done in person, for each new purchase of a data product regardless of whether the person/s has been RICA’ d previously. The drivers of the courier service used by Emsted Online are RICA agents and will RICA the user upon delivery of the order. The person who will use the SIM is the person who will be vetted and must therefore be available to accept delivery. Under no circumstances will someone else be able to accept delivery on behalf of the user. Should the order be for business purposes an authorized representative for the business must be available to accept delivery and be vetted in his/her own capacity on behalf of the business. Clients will be required in terms of the Act to keep their physical address updated with Emsted Online for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation together with legible copies thereof will be required for the RICA verification; the copies will be retained by the person delivering your RICA product:

For a Natural Person:

Proof of Identification

Proof of Physical Address (Home Address)

For a Business:

Proof of Company Details

Proof of Address

Letter authorising selected representative to act as representative on behalf of the business

Proof of Identity for the representative

Proof of physical home address of company representative

The following documents are accepted for verification purposes:

 

Identity Verification (Natural Persons and Company Representative):

Green bar-coded South African ID book

Valid temporary ID issued by Home Affairs

Valid South African passport

New bar-coded ID cards

For Non-South African citizens – Passport or valid VISA / permit

Company Detail Verification (Businesses):

Company registration documents

Tax Clearance Certificate

SARS registration documents, or

Any other Government issued documents containing the Company details

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

Lease Agreement (not older than 12 months)

Municipal Account (not older than 3 months)

TV License (not older than 12 months)

Telephone Account (not older than 3 months)

Bank Statement (not older than 3 months)

Retail account which is delivered to that address on a regular basis (not older than 3 months)

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the client’s account.

 

RAIN Fixed LTE-A – LTE Advanced

The LTE-Advanced service is provided on the RAIN Network and is a best effort service with no minimum service levels offered. Speeds within specified coverage areas displayed on the coverage map generally range up to 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations must be submitted via the Control Panel or email the month before the cancellation must take place e.g. Cancellation must be set in October for cancellation at the end of November. The service can be set to upgrade or downgrade before the 25th for the next month but the new service will only be effective from the 1st of the following month. Monthly data is allocated on the 1st of every month and any unused data will rollover into the following month (one month rollover).

You are able to purchase additional data should your monthly allocation run out. This is a once off purchase which you pay for immediately. The topup data is valid for 30 days from purchase and will expire thereafter, E.G. You purchase 1GB of topup data on 15 September, you have until the end of the day (23:59) on 14 October to use this data, any data not depleted by 23:59 on 14 October will expire.

 

Data is depleted from the 1st of each month as follows:

Unused Top-up data from the previous month is depleted first, if applicable

Rollover data will be depleted second, if applicable

Monthly data allocation will be depleted last.

This service is a mobile wireless service which can be used anywhere within Rain Coverage areas. Emsted Online will not provide Support Services with regards to coverage where the service is used outside of a Rain Coverage Area. Clients who proceed with the purchase of a Rain service and are not covered under the Rain Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the Rain Coverage Map. The Rain SIM supplied must only be used in an approved compatible device (listed below). Emsted Online will not provide Support Services if the SIM is used in a non-compatible device.

Approved Compatible Devices

Huawei B618

Huawei B315

Huawei B2338

ZTE MF253

ZTE MF283+

ZTE MF286C

TP-Link MR200

The Approved Compatible Devices carry a 12 month Warranty if ordered through Emsted Online with their SIM, device warranty claims for the Approved Compatible Devices will be handled by Emsted Online who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, Emsted Online has a 7 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. If the router is returned within 7 days from delivery it will be refunded or replaced with a new unit. The cost of returning the device is the responsibility of the client and will be charged to the clients account.

Your initial purchase of data will be billed prorata and you will receive prorata data. A prorata invoice will be generated on the day of purchase and debited accordingly. On the day of activation, we will allocate a prorata amount of data, because the invoice was calculated and generated on the day of purchase and not the day of delivery we will re-calculate the amount due according to the date of activation and credit the balance to the clients account.

Upgrades/Downgrades only take effect on the 1st of the month following the request, upgrades/downgrades set in November 2017 will only take effect on 1 December 2017 and will not qualify for the Double Data Promotion as the Promotion ends on 30 November 2017. The service must be renewed monthly in order to qualify for this Promotion.

The SIM and Device will be delivered within 10 business days from the date of order, provided payment has cleared. Once delivered please allow up to 24 hours from the time the SIM Card is inserted for the data to be allocated. Please note that the SIM must be inserted into an Approved Compatible Device within 48 hours of taking delivery, failure to do so will result in the SIM being deactivated.

Please note that the purchase of the Rain LTE service is subject to RICA and you will be required to provide certain documentation on delivery of the device, the requirements will be communicated to you. Delivery of the SIM/Router is facilitated by Digital Planet on behalf of Internet Solutions and Emsted Online. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to Digital Planet and Internet Solutions, as such please be advised that your personal details will be received by the courier, Digital Planet and Internet Solutions. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the client’s account.

 

Modems/Routers

Please ensure that you purchase the correct modem/router for your connection type, e.g. ADSL, VDSL, Fibre and Mobile. A modem/router is required in order to utilize our services and is not included with the data product purchased unless otherwise stated.

Emsted Online has a 7-business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. If the modem is returned within 7 days it will be refunded or replaced with a new unit.

Emsted Online will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Emsted Online or to Emsted Online Supplier. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All modems carry a 12-month warranty. If outside of the 7-day return window, faulty modems can be returned to Emsted Online for testing. Should the modem be found to be faulty it will either be replaced with a re-furbished unit or sent to the manufacturers for repairs and returned to the client upon completion. The warranty and returns policy do not cover any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return).

The manufacturer’s Warranty will be voided by the improper use or abuse of the product, using the incorrect power supply, use of unapproved accessories or modifications, lighting and power surges and water damage. Emsted Online will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Failure to abide by Emsted Online’ policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

The Free to Use products fall also under this warranty but different charges do apply.

Payment of Service

All services are on a Prepaid basis. You pay upfront for service for the next period. Emsted Online is not a Credit provider.

Emsted Online do not have a debit order system, we only work on EFT or Stop Orders.

For safety reasons your system sends invoices out without our banking details. To view the banking details login to your client area https://emsted.co.za/billing/. If you do not have the login details, please log a support ticket by sending an email to support@emsted.co.za

Fibre, DSL, LTE, and VoIP.

When your service has been set to live a prorata invoice will be issued for the duration of the current month. This must be paid before the line will be activated.

Your next month payment is due on the last day of this month. Example: February’s service invoice must be paid the 31 January.  

Hosting and Domain Fees

Hosting and domain fees will apply for the period from registration. Example if you register on the 12 January the Hosting Monthly invoice will be due on the 12 of every month. If Hosting is paid annually, you it will be due the 12 January the next year, same apply with Domain renewals.

Web Design

Please refer to the web design terms and conditions of payment terms. All other regulation regarding payments stay the same.

General

The system will send out the invoice 7 days before the due date and will send random reminders for payment until paid. This is how our system is set up.

Due to fraud Emsted Online do not allocate payments with Proof of payment anymore, only when the payment reflects in our bank account. However, we request you send a proof of payment to accounts@emsted.co.za that we can look out for the payment and allocate the payment as soon as it reflects. NO proof of payments of screenshots or via WhatsApp will be accepted. Only emails from your banking institution will be accepted.

OZOW Payment

Emsted Online use OZOW payment portal for direct EFT if paid via OZOW you do not need to send a Proof of payment. As they guarantee the transfer, your payment will be allocated as soon as possible and do not need to reflect first.

You can request a OZOW link as soon as you received an invoice from us. Just reply on the invoice email and ask for the link. It will be send via sms or emailed to you.

Stop orders / Recurring Payments

As Emsted Online do not offer debit orders, you can setup up a stop order on your banking app, online banking or at the branch to pay your account monthly without hassle.

Late fees / Reconnection fees.

Where your services have been suspended due to late or non-payment a fee of R100 will be added to your Invoice for reconnection/unsuspension. Emsted Online will not reactivate the service without the penalty fee being paid.

Your account will be only unsuspended when the amount reflects in our bank account, we suggest that you do an instant transfer if you want your service to be reconnected as soon as possible. ISP services can take up to 12 hours to be activated again, Hosting can take up to 6 hours.

With all reconnections we request that you sent a proof of payment that we can check for the payment during the day to reconnect you. Where you have used OZOW please send an email to accounts to inform us of the payment that we can check and allocate the payment.

Privacy Policy

We at Emsted Online have designed our business practices to safeguard your privacy. This privacy policy applies to all the web pages related to this website.

You can visit www.emsted.co.za without revealing who you are or providing any personal information about yourself.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

There will be times, such as when you submit a questionnaire, request a service, purchase a product, etc., when we will need to obtain personally identifiable information from you or about you. Such personally identifiable information may include your name, home address, e-mail address, telephone number, identity/passport number, income, credit references, etc. The information we receive about you or from you may be used by us or shared by us with our corporate affiliates, agents, vendors and others to help process or complete a transaction; to comply with any law, regulation, audit or court order; to help improve our website or the products or services we offer; for research; to better understand our clients’ needs; to develop new offerings; and to alert you to new products and services in which you may be interested. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. By accepting these Terms & Conditions you consent to receive informational material from us, this would include promotions, price changes and information related to your services. We believe that knowing more about you can enable us to serve you better.

You should be aware that we collect usage information about you when you visit us, which helps us understand how our site is navigated, how many visitors arrive at specific pages, the length and frequency of a stay at our website, etc. In addition, Emsted Online web pages may place “cookies” on your personal computer. “Cookies” are small identifiers, similar to a license plate, that help us to recognize you if you visit our website again. Cookies are used to help us personalize your viewing experiences. Cookies are not designed to be used to get data from your hard drive, your e-mail or any other personal data about you. You can reject cookies by changing your browser settings. Please note, however, that if you reject our cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you or your application, inquiry or purchase more than once.

We safeguard your information using known encryption, security standards and procedures. We also assess new technology for protecting client information on an ongoing basis.

Please be aware that we may change our Statement of Privacy from time to time. If we do, we will update this Statement of Privacy at our website, so be sure to check back here frequently.

If you have any questions about our Statement of Privacy or privacy policies, please feel free to e-mail your questions to us at support@emsted.co.za

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site and related pages. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

 

Service Policy

When you click to make a purchase or sign up for any services with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24 hour, 7 day a week support number is 081 397 7937.

 

Service Levels

All services sold by Emsted Online are provided as a best-effort service, uptime and speeds cannot be guaranteed unless otherwise stated. During any technical failure, modification or maintenance of the service provided, Emsted Online will use its reasonable endeavors to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of Emsted Online.

 

Static IPs

Minimum Requirements

Only one static IP can be linked to one active ADSL service (username)

A static IP cannot be transferred from one service to another

The static IP will remain active as long as the ADSL service (username) it is linked to is active, should the ADSL service (username) it is linked to be cancelled, the static IP will automatically be deleted. Please be aware that once the static IP is deleted it cannot be recovered, should you repurchase the service a new static IP will be issued.

Failure to pay for your static IP and linked service before the due date will result in the static IP being deleted, once the static IP has been deleted it cannot be recovered.

A static IP can be cancelled during the course of a month, but the cancellation will only take effect at the end of the month. E.G if we receive your cancellation on the 1st or 15th of July, the static IP will only be deleted on the 31st of July at 11:59pm.

Your Static IP can be switched on and off from your CCP/RCP. Static IP’s are assigned on your PPPOE connection. Due to privacy and security concerns, internal network configurations like natting and routing will need to be set up and maintained by your network administrator.

Static IPs are available for all monthly billed services, except SAIX based services and trial services.

All Static IPs on our new network are now allocated per region:

North = Free State, Gauteng, Mpumalanga, Limpopo, North West

East = KwaZulu-Natal

South = Eastern Cape, Western Cape and the Northern Cape

To give you optimal routing and throughput, we need to lock your DSL service down to the last DSL line you connected from.

Should you move to a different region and would like to connect from your new location, then you will have to cancel your current Static IP and apply for a brand new Static IP address. Emsted Online does not advise that Dynamic/Static IP’s are used to run email servers. Should the client choose to use our Dynamic/Static IP services to run an email server it is the clients responsibility to monitor and request removal of all blacklisting’s related to the IP on services such as RBL’s/SBL’s/PBL’s and not the responsibility of Emsted Online.

When you enable the Static IP option in your Control Panel, we will force your service to disconnect in order to establish your region, so that we can allocate the appropriate Static IP in your area.

The username will be locked to the first successful connection we receive, meaning no other connections can be established from another location.

Also note that the service will only allow one concurrent connection.

For additional support please go to www.portforward.com

When enabled, the Emsted Online DNS feature will direct your DNS traffic through the geographically closest operational DNS server to you. This feature also enables clients to make use of the Family Emsted Online feature. Should the Emsted Online DNS not be accessible the Default DNS will be used, during this time the Family Emsted Online feature will not be available until the Emsted Online DNS is restored.

 

Family Emsted Online

Family Emsted Online is a feature provided with the activation of Emsted Online DNS. This feature blocks unwanted domains within pre-defined categories from being accessed. We do our best to block unwanted domains; we however cannot guarantee that domains within the categories selected will not be accessible. Domains found accessible within a selected category can be reported to support@emsted.co.za.

 

Custom/Corporate DNS

This feature allows you to specify the DNS server settings you would like applied to your service. Emsted Online accepts no responsibility for service interruptions when activating and using this service.

 

Remote Emsted Online

This feature allows you to create a unique hostname (static sub domain) which will allow you to remotely access your router/modem. The setup of port forwarding and the network configuration is the responsibility of the client and is required in order to use this feature. Emsted Online takes no responsibility for this feature not working due to the incorrect setup or configuration on the clients end. The security of the clients connection and network remains their responsibility when using this feature. This feature is provided as a best effort service and is not guaranteed.

 

Delivery Policy

This delivery policy applies to services delivered by an Emsted Online appointed representative only. The delivery of certain products/services sold by Emsted Online are handled directly by the supplier or provider. In these cases the delivery policy will be stated in the Terms and Conditions for that particular product/service. If you are not sure please contact us so that we may advise you on the delivery policy that applies to your purchase. Any free to use router or equipment will be send to the end user and they are responsible for the delivery charges.

Delivery times stated are not guaranteed but are generally attainable within major centres. A possible delay of 24 to 96 hours can be expected outside of major centres and additional delivery costs may apply. Some deliveries might require that information or documents must be produced and copies thereof provided during the delivery, this will be communicated on purchase of the device or product if it is required.

A physical address is required for the delivery of your order. Orders to Post boxes/Private bags/Post Offices will not be accepted.

Deliveries take place on weekdays during business hours and exclude weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter.

Delivery times may be delayed should the need arise for clearance of payment.

Emsted Online will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Emsted Online. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

The Courier Delivery Fee charged during checkout may differ once your order is finalised. Should this occur, we will contact you before proceeding with the delivery of your order.

 

Refunds Policy

Refunds will not be granted for services purchased in error. Should it be proven that a service is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an Emsted Online banking account erroneously will also have a 15% fee levied to cover our bank charges and will only be considered for processing 7 days after the original payment date. Refunds for debit or creddit card payments are processed after the second week of the month.

 

Cancellations Policy

The cancellation of a product or service is the Clients responsibility. Cancellations must be actioned from the Control Panel or Email, No other means of cancellations will be accepted, all cancellations must be processed via the Control Panel. Failure to cancel your services will result in your service or product being activated for the new month and therefore liable for payment. A minimum calendar months’ notice is required for all services unless otherwise stated. Promotions carry additional Terms and early cancellation fees may be payable.

Emsted Online will not be responsible for incorrect cancellations processed via the Control Panel, email, or be liable for any losses incurred.

 

Security Policy

Emsted online do not accept any other way of payment accept EFT. It is the client’s responsibility to make sure the account setup is correct and that the fees are in our account on the second last day of the month.

It is the client’s own responsibility to make sure all payments are done on or before the due date.

 

Transaction security

The payment transaction security is completely the responsibility of the client. Emsted Online do not have a debit facility and do not offer recurring bank deductions.

If any funds are taken from your bank account you can rest assure that it wasn’t Emsted Online and can investigate other debit order facilities.

 

Payment Options/Terms

All transactions will be processed in South African Rands (ZAR). We do not extend credit and payment is required up front, services will not be activated without payment. We only accept EFT payments. In the case where a cash deposit need to be made we will add 15% to the original amount to cover bank charges.

 

Payment of Invoices

Emsted Online is not a credit provider and is not registered as one. All our services are on an upfront payment system.

Recurring (monthly invoice) (excluding hosting) will be issued on the 25th of every month.  Your payment must be done and shown in our bank account on the second last day of the month, If your payment don’t reflect, your service(s) will be disabled for the next month. Please note that if you are cancelling your service(s) with Emsted Online, you need to cancel one month in advance. Failure to do so will result in the product being activated and the monthly subscription due.

Hosting invoices will be generated monthly 7 days before your hosting is due.

For all payments, please use your invoice number as payment reference.

 

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. All services will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date.

 

Service Changes (Applies to DSL, Fibre, Mobile and VoIP)

Service Changes are changes to the product, speed, combo or data purchased which changes the renewal of the service/s and are billed prorata.

For ease of understanding, services referred to as Upgraded services are services which result in a price increase on the next renewal and Downgraded services are services which result in a lesser billed renewal than the current service.

New services can only be set to Downgrade from the second month (month after activation) and will only apply from the following month (month 3).

Clients are not able to service change to an Upgraded service and then service change to a Downgraded service in the same month. The Upgraded service change must first be renewed before a Downgrade can be set for the next renewal.

Example: A Mobile Data service is service changed from 1GB to 5GB in August. The client will only be able to set a service change to a Mobile Data service smaller than 5GB during the month of September for October as the service must first be renewed on 1 September at 5GB before it can be downgraded.

 

Transfer of Data

Clients have the ability to transfer their unused data to another Emsted Online Client using the same service (dsl capped to dsl capped, mobile to mobile etc.). Clients using Openserve Fibre and Openserve DSL Capped data will be able to transfer between the two service types. Uncapped data, RAIN data and Cell C data cannot be transferred.

Transferred data will be transferred in the state that it is currently in. If the data transferred is rollover data in month 2, it will transfer as month 2 rollover data to the client receiving the data. Transferred data retains the expiry date of the original purchase. The transfer of data must be done by signing into the Control Panel and providing the information required, data can only be transferred in predefined increments. Should we receive delayed usage reports which results in over usage of available data or a payment not received for any reason, any transferred data will immediately be reversed. We reserve the right to refuse to allow the transfer of data for any client who we deem to be abusing the process.

An explanation of how Rollover Data works can be found under the section for the service type you have purchased.

 

Usage Notifications

Emsted Online will send an email/sms notification to all data users who have not opted out of receiving notifications when their data usage reaches 50%, 80% and 100% of the available total. These notifications will be based on the information available to us at the time of sending the notification from our system and as such cannot be guaranteed to be 100% accurate when received by the client.

 

Our banking details

Please note: When making a payment use your invoice number as reference. Failure to use the invoice number can result in that we can not allocate the payment on the due date and your services will be suspended.

Emsted Online do not take any responsibility for non allocating payments due to wrong references.

If you paid and do not get a confirmation email within 24hours please contact us.

Proof of payment must be send to accounts@emsted.co.za

 

All EFT monthly payments must reach us before 5pm on the second last day of the month, failure to do so will result in all services being suspended until payment is received.

Always use your invoice number as your reference when making payment to avoid delays in your payment being allocated.

Failure to make payment by the due date will result in your services being suspended. Failure to pay your hosting and or domain registration on the due date may result in your domain name being deleted by the registrar and become available to the public for re-registration. Failure to pay your ADSL Line services on the due date may result in your ADSL Line services being transferred to Telkom and Telkom will continue to bill you for this service.

Please email your Proof of Payment to accounts@emsted.co.za, please remember to use your invoice number as your reference when making your payment.

 

Service Retention

During the processing of a cancellation, you may be presented with an offer. Should the offer be accepted no changes to your service will be permitted until the offer period has ended, nor will the client be able to process a cancellation. Offers are extended on a once-off basis and cannot be extended. Offers are limited in terms of what is offered and the service or product the offer is presented on. Emsted Online may change or withdraw an Offer at any time without prior notice.

 

Reconnection of Suspended Service.

If your service is suspended due to non-payment it will only be reconnected after the outstanding balances and/or penalty fees have been paid and cleared in our bank account.

Reconnection will happen within 24 – 48 hours depend on the service providers.

Please make sure that you use the invoice number to avoid being suspended as we cannot allocate your payment.

Emsted online will not be held responsible for any income or any other loss dur to suspension of your service.

PLEASE NOTE EMSTED ONLINE CAN MAKE CHANGES TO THE POLICIES AT ANY TIME WITHOUT ANY NOTIFICATION.

It’s the end user’s responsibility to check out policies on regular interval to familiarise yourself with it and changes to it.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

 

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of Emsted Online or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

  1. How these terms apply to you

 

1.1. The basic services offered by this website “Emsted Online” are provided to you free of charge: on an “as is” and “as available” basis. Emsted Online uses its best efforts to maintain the quality of its services, but you should not assume that Emsted Online is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

 

  1. Content and Disclaimers

 

2.1 Emsted Online links you to sites and information located worldwide throughout the Internet. Because Emsted Online has no control over such sites and information, Emsted Online offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.

2.2 Emsted Online shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

 

2.2.1 any unauthorised access of this website by third parties

2.2.2 any breakdown or failure of any equipment or medium of access to this website

2.2.3 any failure or unavailability of Emsted Online or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website

2.2.4 the destruction or accessing of the User’s data or equipment

2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

2.3 You hereby indemnify Emsted Online against any demand, claim or action against Emsted Online relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.

2.4 Emsted Online reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

2.5 Unless expressly stated to the contrary, Emsted Online owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.

2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Emsted Online. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

 

  1. Evolution and the need for flexibility

 

3.1 The Internet in general is rapidly evolving and Emsted Online is new and in constant development. Emsted Online reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. We will notify you of changes to these Terms or the Privacy Policy by sending you an e-mail to your registered e-mail address. If you do continue to use Emsted Online after a change to the Terms or the Privacy Policy and given notice to you in any of this way, you shall be deemed to have agreed to the relevant variation.

3.2 Over time Emsted Online intends to expand the services that you are offered. When a new service is introduced Emsted Online may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.

3.3 Emsted Online may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access Emsted Online. These limits may vary over time without notice to you.

 

  1. Access to Emsted Online and Registration

 

4.1 As Emsted Online evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use Emsted Online caused by your failure to do so.

4.2 Some parts of Emsted Online may be accessible only to users who subscribe or pay a “per-use” charge. These sections will be clearly marked.

4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by Emsted Online “User Data”. If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.

4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if Emsted Online has reasonable grounds to suspect that any User Data is inaccurate or incomplete Emsted Online may suspend or terminate your account and access to the services.

4.5 You may unsubscribe from Emsted Online portal at any time by contacting Emsted Online at support@emsted.co.za. This exclude cancellation of services this is explained on the relevant service.

 

  1. Your obligations

5.1 You acknowledge that by using Emsted Online and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Emsted Online is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.

5.2 You must not use Emsted Online in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

 

Our Rights

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.

Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.

Withdraw any Promotions, Special Offers, Specials or Competitions at any time.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

 

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

 

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

Errors and Omissions Excepted

Neither Emsted Online (Pty)Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, Emsted Online (Pty)Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support@emsted.co.za.

 

Emsted Online (Pty)Ltd shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Emsted Online (Pty)Ltd. will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

VoIP

Voice over IP is an alternative means of making and receiving phone calls via a VoIP device (handset) or Application. VoIP calls are terminated by making use of an internet connection. The VoIP service sold by Emsted Online is a standalone service and does not include, the hardware, the physical internet connection or data required to use the service. The service can be used anywhere in South Africa and is not limited by geo-location. The quality of the calls made and received using the VoIP service will be determined by the internet connection being used.

 

Please refer to the table below which sets out the call termination rates. Voicemails received on your allocated number will be emailed to the provided email address.

 

The billing and call time for a new service purchased is Prorated. The service is a monthly billed service which will continue on a month to month basis until cancelled. Call time not depleted within the month of purchase will rollover to the following month for a maximum of 3 months before falling away.

 

Rollover Explained

As your call time is exhausted the unused call time from the oldest months accumulated call time will be made available. In order to use your rollover you must first deplete your monthly call time (allocated on the 1st of every month), once the monthly allocation is depleted your rollover call time will automatically become available.

 

EXAMPLE

You have not used up all your call time for June, July and August. In September you run out of call time, we will automatically allocate the unused call time from June to your service first. If you deplete this call time too, we will automatically allocate the unused call time from July and if you deplete this, we will automatically allocate the unused call time from August. If you reach the end of September and you only needed to use your rollover call time from June and July, the unused credits from August will be available to use in October. Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason all call time that has accumulated will fall away and will not be re-allocated on payment for the service. Should you cancel your service any accumulated call time will fall away.

Clients are able to purchase once off additional call time during the course of a month, this unused call time will rollover as the monthly call time does. Once your available call time has been exhausted you will not be able to make any outgoing calls until additional call time has been purchased. Clients are able to view their available Call Time balance in the Control Panel as well as via our Mobile App. Updating of additional call time, balances and service changes can be delayed by up to 15 minutes.

New purchases are subject to payment clearance as well as RICA. Call Time will only be available once payment has cleared and the RICA verification has been completed. Failure to pay for your service will result in the suspension of the service until payment in full has been received, you will not be able to make or receive any calls while the service is suspended. Should you Fail to make payment, your service will be suspended immediately and only reactivated once payment has been received.

Cancellation of this service can be requested via the Client Control Panel before the 25th of each month. Once cancelled your allocated number will no longer be available and cannot be reactivated once cancelled.

Itemized billing can be downloaded via the Control Panel at any time. Calls made from an Emsted Online VoIP number to another Emsted Online VoIP number are zero rated – free of charge.

Our Call Rates are determined through continuous negotiations between our Upstream Providers and Telecom Carriers around the world and therefore are subject to change without notice and may vary from the listed prices in the call rate document.

Per second billing applies once the minimum call rate of R0.38 (incl vat) has been reached, please note that not all calls are subject to a minimum call rate, please refer to the rate sheet via the link below.

 

View the Rate Sheet

 

Emsted Online assumes no liability for the functionality and performance of any third party software that is used to terminate this service.

 

VoIP – Porting

Clients are able to port their existing residential Telkom or Neotel numbers to Emsted Online. Supporting documents such as but not limited to ID Copy, Proof of payment for current account with the Operator you are porting away from as well as the latest invoice will need to be uploaded on signup. Numbers ported to Emsted Online with a DSL line service on will be allocated a new telephone number once porting has taken place as you require a telephone service in order to have a DSL Line. Once porting has taken place for either a stand-alone telephone line or a telephone line with DSL on the client will have to contact the provider to cancel their unwanted services with them, Emsted Online will not automatically do this. Please note that there is a possibility of up to 24 hours of downtime during the porting process. The porting of numbers takes approximately 14 days to be completed from application to porting. Please be aware that once a port has successfully been completed, the number cannot be ported away for 60 days thereafter.

 

VoIP – RICA

By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

 

All VoIP services are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008), this includes the porting of a number from another provider to Emsted Online. Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. The required documents must be uploaded during the sign-up process in order to complete the verification and purchase. The information supplied will be verified via a 3rd Party Provider, the client will be informed in the event of verification failure and will be provided with the steps to rectify any errors. Failure to verify the information provided will result in the product not being activated, regardless of any amounts billed. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.

 

The person signing up for the VOIP service/port will be listed as the RICA individual for that service number. Should the order be for business purposes an authorized representative must be nominated and will be vetted in his/her own capacity on behalf of the business. Clients will be required in terms of the Act to keep their physical address updated with Emsted Online for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation will be required for the RICA verification:

For a Natural Person:

Proof of Identification

Proof of Physical Address (Home Address)

 

For a Business:

Proof of Identity for the representative

Proof of physical home address of company representative

The following documents are accepted for verification purposes:

 

Identity Verification (Natural Persons and Company Representative):

Green bar-coded South African ID book

Valid temporary ID issued by Home Affairs

Valid South African passport

New bar-coded ID cards

For Non-South African citizens – Passport or valid VISA / permit

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

 

Lease Agreement (not older than 12 months)

Municipal Account (not older than 3 months)

TV License (not older than 12 months)

Telephone Account (not older than 3 months)

Bank Statement (not older than 3 months)

Retail account which is delivered to that address on a regular basis (not older than 3 months

Website Development

 

We offer a few options in the web development side:

Promotion

Basic

Premium

Monthly

On our Website Development page is the types and differences.

Any other types of websites will be layout separately but the basics of the terms and conditions, still apply.

 

WEB DESIGN INFORMATION.

To get your website ready for the web, we will need the following details to create your online presence.

We will send you a form to fill in with the relevant information we need. E-commerce will get a spreadsheet to show how we need your stock to be loaded.

Emsted Online do not accept any submissions via WhatsApp. As WhatsApp pictures is re-named and resize this will not be suitable for the web. Only email and drive submissions will be accepted

 

GENERAL DETAILS WE NEED.

  1. All your contact details, email, telephone numbers, WhatsApp number if needed, address.
  2. All emails you need for your website, if we do the hosting we will create it for you.
  3. About details, where do your business come from.
  4. All logos and pictures you want on the website, if you do not have we will doit for you at an extra charge.
  5. Colours you want on your website or we will choose according to your logo colours.
  6. Login details to your domain if hosted by a third party.
  7. Url’s to your social media pages.
  • E-commerce
  1. Product categories. Heads and subs.
  2. Products we will send you a excel spreadsheet to add your stock on we only add as per the packages you have chosen. If you need more we can arrange. We will train you how to add your stock, and manage your website..
  3. Pictures of your stock we must load.
  4. Bank details for payment gateway setup or login details to you Yoco or PayFast account.
  5. Shipping details

 

YOUR WEBSITE GETS INTO A QUE TO BE DESIGNED.

We work on different websites at a time and if we did not received details we asked for in a certain period, it will delay your website completion date.

We will put your website on hold and move it back to the bottom to work on later, until we get your details. Than you will get back into the que.  This makes it fare to other clients who have send all their details on time.

 

HOSTING

If we host your website it is your responsibility to pay the hosting on time. Invoices are generated via our website and if you fail the system will suspend your account, we will only unsuspend the website after payment reflects in our bank account. Some products do have a penalty fee attached; these services need to be paid to our service providers which charge us penalties if not paid in time.

If you use other hosting, we will not be liable for any claims or suspension of your hosting account.

Please refer to our Hosting policy.

 

TRANSFERRING HOSTING TO US.

If you transfer your hosting to us, we request the transfer from the previous host.

An email will be sent to the admin email of that domain to be approved.

If you do not have access to it you will have to organise the transfer with your previous host. If we have to send emails to other hosting companies to get your domain transferred. We will charge R250 for the transfer admin, paid in advanced. However, this do not mean we have access to your old domain, you will have to assist with the transfer. If you owe money to the previous host, we will not be liable for it.

Transferring can in some cases be quick (one day) or up to 21 days. Please note we can’t do anything to this matter, it all depends on your previous host.

Please refer to our Hosting policy.

 

PAGES

Website pages selections are up to the client, we will assist with the selection of it.

E-commerce have there fixed pages we can’t delete or change as this will result in the online shop not to work.

You get what you pay for if you need extra pages, we will invoice you accordingly.

LOGO and Media

In the event where you supply all the media the media must be in HD, 300dpi. We do not take any responsibility of media that is pixelated when compressed on the web. It is your responsibility to make sure your media is good quality.

If we need to create logo’s and supply media you will be invoies accordingly.

Plugins

We use mostly free plugins on our websites.

In the event you want a specific layout/look/function and there is no free plugin for it, we will inform you that there is no free plugin with this function. We can then look at a paid plugin to do the required function. If you want to go ahead with it you will be liable for the purchase of that required plugin.

E-Commerce Product setup

You will receive a spreadsheet with the layout of the product import sheet. It is your responsibility to correctly fill this in with your clearly named product pictures.

We will assist you to get the first few correctly and then we can load the products on your website.

Emsted Online do not load one by one products it your responsibility to give us the correct layout of the products with all the correct detail, photos and prices.

Emsted online do not take any responsibility for wrong information or prices given by you that we publish on the website.

If you have this spreadsheet correctly after we have sent you and export and you can update it we will gladly add more stock to the website without charge. (please note limited to)

 

Development versus Maintenance

Your website is still in development if we setup pages and plugins. After we have designed and your website is fully functional it moves over to maintenance mode.

Loading of products is maintenance and not Development. 

Any outstanding fees for the development are due when done when the website moves over to maintenance mode.

We do not call your website finished as a website is never finished. If you do not maintain your website you will lose rankings in SEO and the search engines will see your website as dormant.

 

SEO – Search Engine Optimization.

SEO’s is done differently according to your website package.

We do basic SEO on all websites to be indexed and to show up on searches.

This mean your website will show up on searches, this do not mean you will be number one or on the first page. Your website will crawl up by time if you work on it.

There is a lot of factors that give you a higher ranking. Basic SEO meaning you are indexed by search engines and will pop up in searches. But will not be on top or even the first page. It take time to get there.

We will assist you on the time period of your package SEO setup.

Your website does not show immediately on search engines it do take time, this is The search engines own setting we cannot change it. We can only assist to get you higher in rankings.

Premium SEO is setup for Premium and monthly clients. This is intense SEO and Website optimization that takes around 6 months to setup. You can buy this separately if you only have basic SEO.

 

TIPS TO GET YOUR WEBSITE HIGHER RANKED.

  1. Maintain the website, do updates often. We have Maintenance plans available visit our website.
  2. Get traffic to your website
  3. Social media links to your website.
  4. Advertise on search engines

This is the basic ways for ranking increase.

To get higher rankings take time and effort. Google how to get your website rankings up it’s not a one day fixed.

 

GOOGLE SETUP

  1. Google Search Console.
  2. Google analytics – we will setup this feature for all packages to ensure your website performance is correct and to update any problems in the 1 month. There after we will only assist on our maintenance plans.

The following google packages is only for Premium and monthly Packages.

  1. Gmail account for your business to maintain your google presence
  2. Google business we will add your business on to this google feature will get your rankings up. Will show on google maps.
  3. Google ads we will set it up but not advertise If you want us to do the marketing of the website, we will send you a relevant quotation.

 

MARKETING

We have made you website what now.

You will have to market it. Either by yourself or we can assist. Send us your marketing requirements and we can work out a marketing plan for you.

We do not do marketing on your website. However, we will from time to time add website in our portfolio, this will give you some exposure.

Footer of your website have a link to our website. We use this to advertise our website. This is standard over the profession but we have reduced our rate to accommodate this small advert.  If you would like us to remove it, we will add a 20% fee to the website development invoice and remove the link, when paid. 

Agencies working through us can remove the footer link but same apply to the general 20% fee on the website  development will be added. To edit the footer to your company can be done at 20% of the development invoice.  

 

WEBSITE PROOFING

We will open your website to you after we are finish with the website. You will have to read and check this and reply within 24 hrs via email.  Email must state page and changes you want us to make.

We will fix it and let you know to check. Minor changes will then be finalized and we will send the outstanding invoice for premium option will be send out. If we do not receive any feedback in 24hrs we assume you are happy with the results and your outstanding invoice to be paid with in 24hrs.

Minor Changes can be done during the running phase and support phase, each package have a set time period. In this period, we will do SEO follow-ups also.

 

TRAINING

We do TeamViewer and WhatsApp call to train you how to do e-commerce settings and blogging post on your website. We will set up a date and time asap to finalized the website.

 

DATA KEEPING

We do not keep any record of your website after completion. When we are finish, we will keep some details for 2 months to have it available if needed. There after we delete it.

We keep a backup for server retention and if needed to reinstall.

We do a monthly backup on your website. Emsted Online do not take any responsibility for any website data losses or deletion due to non-payment of your hosting account, internal or third-party.

We so setup an antivirus/spam/phishing software on your website but do not take any liability for any data loss due to virus or phishing.

WRONG DETAILS

We only use details for your website via email or our google drive, we will setup the drive for you.

We will not take any data from Sosial media or WhatsApp messages.

It is the client’s responsibility to give us the correct information the first time. If the client wants to change wording or any other details after we have added it the website already, we will see this as maintenance and will charge accordingly before we change it.

FAILURE TO PAY FINAL INVOICE AMOUNT.

As per agreement the final amount is due after completion, we give 24hrs to pay. Failure to do so will result that your website to be suspended until we receive payment.

Any Promotion websites will need full payment before we start designing.

 

ACCESS TO YOUR WEBSITE

We will send you user login details after final payment. This gives you access to your WordPress website. Please keep your details as we will not have access to this.

CANCELATION ON WEB DESIGN

In the event that you do not give your all details we need after the 3rd request via email, we will put your web design on hold and will only finish it after full payment have been received.

In the event where you want to cancel the web design. The following will apply.

  • If any design or any work have been started on your website, we will keep the amount paid for the work we have done.
  • If we did not start yet we will take a 20% admin fee from the full invoice amount. This is for all the admin we have done beforehand.
  • Hosting at Emsted online will not be refunded as the hosting is paid over to a third party and we do not get any fees back from them if cancelled.

 

MAINTENANCE

After completion of your website, we consider it as complete.

You have the period set out in your plan to still do minor changes.

Minor Changes

  1. Swapping of photos
  2. Wording changes
  3. Telephone changes
  4. Email changes

After this included support period is over, your website will go in to Maintenance or Update mode this refer to any changes to the website will be charged.

All maintenance is on prepaid basis only, you send us the request of what you need to be done and we will send you a quotation for the changes. We will also give you a time period when this will be

finished after payment have been received.

 

SUPPORT

We have a big client base and we do get a lot of requests on maintenance and support on a daily basis.

We request that you use our support ticket system on our website to log any maintenance or support issues.

If you have a hosting account with use that login details.

If not please register on our website to create support tickets.

After completion of your website all communication must be done via email.

Emsted Online offer marketing also for more information regarding this please send us an email to info@emated.co.za

 

CHANGES TO THE WEBSITE

Emsted Online do not take any responsibility for changes made to your website by yourself or a third party.

Where changes have done harm to the website like layouts, seo, serp, plugins, databases, payments gateways or/and any other issues Emsted Online will not be held liable for it. 

We will assist you to correct the problem where we can, but this work will be quoted for first and paid before we will fixed the problem.

Website Maintenance Monthly Plan

 

Period of Contract

Emsted Online Monthly Maintenance is on Month-to-month basis.

 

Payment of Maintenance Contract.

As Emsted is not a credit provider we do not offer any post payment for any services. You pay for the service up front for the month/cycle.

Cycle = one month from date of purchase eg. 24 January 2020 to 23 February 2020

Payment to reflect in our bank account on the due date of the invoice for the next month’s maintenance.

 

Hours of Maintenance

Your hours of maintenance are dependant on the amount you have agreed on the general fees are as follows.

  • R250 one hour
  • R450 two hours
  • R600 three hours
  • R775 four hours
  • R900 five hours.

This amounts can change with out notice.

 

Maintenance offered

Website maintenance and editing.

Updating of products and maintaining them. Client still to provide product descriptions, correct categories, prices and media. (remember if products are on the requested spreadsheet format we can load more in less time.)

Single product loading (time intensive around 10min per product.)

Update of plugins and themes on the website.

Backup of the website.

 

Excluded in Maintenance.

Online shop/e-Commerce client support or any order maintenance/admin this is for the owner of the website only.

We are not a PA platform and will only perform maintenance on your website any other tasks you want us to do will be charges separately.

 

How hours work.

You buy the required hours you will need for us to perform the maintenance of your website.

All hours not use this month will be carried over to the next month. This will then be used up in the next month before we use that month’s hours. Last in first out.  You can save hours for a major maintenance but we do not carry hours over to the 3rd month.

We do not borrow hours from next month as next month hours have not been paid for. You can add hours to your current month if you need more. Else you can save hours for a major maintenance issue.

If we do maintenance for you, we will record the hours and sent you a time sheet on request.

We will inform you when you are 80% to the hours used for the month.

After a major Maintenance we will send the time sheet automatically.

You have the right to request an hour quotation for maintenance we need to carry out, before the maintenance will be done. If not, we will do the maintenance and the hours will be automatically deducted from your balance. We accept that you accepted the hours deducted.

Hours are deducted in Minutes. If maintenance takes 12 minutes, we will deduct 12 minutes.

 

Cancellation of maintenance plan

You can cancel your maintenance plan at any time after the cycle starts and 5 days before the cycle ends. If done within 5 days before the cycle ends you will be invoiced for the next month and your cancellation will be set for the end of the next cycle, as it is on a month-to-month basis.

You will be on the maintenance plan until your cycle is over.

Cancellation can be done via our client portal or email accounts@emsted.co.za we will not accept cancellation over the phone or via WhatsApp.

We do not refund any money paid over to us, when you cancel your maintenance plan. You have until the end of the cycle to still do maintenance on the website. After that all time left will be forfeited.

e.g. If you cancel on the 20th of the month and your cycle is on the 1st of the next month. If you have still one hour left, you can still utilize it before your month is over. When the cycle is over all hours left will be forfeited.

However, this is not an on and off switch as you sign up for a month or two and cancelled. Then in two months you want to do something again you sign up again for maintenance plan to save money.

You will only be allowed after six months to sign up for a maintenance plan again.

 

Late Payment.

Your invoice state clearly when your payment is due. Our system sends out reminders and invoices before the time. The invoice total must show in our bank account that day. Use your invoice number for reference and send proof of payment to accounts@emsted.co.za .

Late payment will result in the carry over hours to be suspended until the next invoice is paid within the given time.

If your invoice payment is later than 5 days the carry over hours will be forfeited as we see this as cancellation and you will have to start over with your hours.

NON payment will result in the month to month contract will be ended and we will not add a maintenance plan for the client again.

PLEASE NOTE EMSTED ONLINE CAN MAKE CHANGES TO THEIR POLICIES AT ANY TIME WITHOUT ANY NOTIFICATION.

It’s the end user’s responsibility to check out policies on regular interval to familiarize yourself with it and changes to it.