- For the purpose of this policy, DSL encompasses the provision of ADSL and VDSL services.
- These terms and conditions, together with the general terms govern the use of all of the Afrihost DSL services. Afrihost offers both capped and uncapped DSL services.
- By contracting with Afrihost for the services the client will be lawfully regarded as having agreed to their use of the services specified being governed by this agreement.
- The provision of Afrihost's DSL service is subject to the provision of upstream services by MTN. The following legal documents accordingly apply to the provision of the Afrihost DSL service and are binding on any subscriber to such service:
- Afrihost's Acceptable Use Policy (AUP), available on the Afrihost website;
- Telkom's standard terms and conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops.
- Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these terms and conditions.
- Use of the services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload a clear, legible copy of their valid identity document or driver's licence. Non-South African citizens may submit a copy of their valid passport or international driver's licence. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed.
- Should the client cancel all current valid DSL services, ID verification will be required to sign up for new services. ID verification will not be requested as long as verified DSL services remain active.
- Afrihost will provide DSL broadband services to the client based on the following conditions:
- DSL speeds will be provided on a best-effort basis, subject to Telkom line constraints and demand on the Afrihost network at any given point.
- DSL service is not provided on a 1:1 ratio, but is essentially provided on a “shared resource” basis. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.
- DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).
- Availability of DSL Service is subject to a valid and operational Telkom telephone service.
- Potential clients should confirm the availability of the Telkom service in their particular location prior to purchasing or ordering DSL data, a DSL modem or other hardware. The availability of DSL services can be checked here, but Afrihost makes no warranty as to the accuracy of this resource, which is not operated by Afrihost.
- Applicants will be advised after receipt of an order as to whether the DSL access service can be provided.
- Transfer of data is only available between Afrihost clients. Afrihost will be under no obligation to transfer data to external users. Transfer required the ClientZone username of the recipient.
- Transfer of data is only available between identical product types. Afrihost will not be obliged to effect transfer where the properties of the transfer product are not compatible with the requested destination product.
- Data will be eligible for transfer during both the Initial and roll over periods. However, once expired, data will no longer be eligible for transfer.
- Transfer of data is only possible between active accounts. Should either account be suspended, terminated or in any other ineligible state - transfer is not possible. Accounts which are active, but not in good standing, may be determined to be ineligible for transfer at Afrihost’s sole discretion.
- Data can only be transferred once, from the initial user to the initial recipient. Thereafter, data is no longer eligible for transfer.
- Transfers of Uncapped Data will not be allowed.
- Once transferred, transfers may not be reversed.
- Afrihost will effect transfers in increments determined by Afrihost. The incremental amount will both serve as a minimum transfer amount, and then as incremental amounts in which data may be transferred.
- Afrihost data is valid until the end of the month of purchase. This is referred to as the “initial period”.
- The initial period will from the date of purchase, until the end of that calendar month. The initial period will not exceed 31 days.
- Afrihost will proactively rollover unused data for an additional calendar month. This is referred to as the “rollover period”.
- The rollover period will not exceed 31 days.
- Rollover of data will not require any action on the part of the client, and is performed by Afrihost on the client’s behalf as a courtesy.
- Should data not be automatically rolled over, the onus rests on the client to alert Afrihost to effect rollover.
- Clients will not be eligible for further rollover of data once the rollover period has elapsed.
- Data will first be consumed from the rolled over data, before using the new monthly allocation or any newly purchased data in the same month.
- Clients who request a package change will forfeit any rolled over data from their previous package.
- Top ups of data will expire after 30 (THIRTY) days (from date of purchase) and will not roll over, unless the expiry date falls in a consecutive month, e.g. a top up purchased on 15 December will expire on 15 January.
- If the client exhausts the purchased bandwidth or reaches the fixed cap, the client will be hard-capped. This means that no further access will be provided thereafter.
- A top up may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the top up.
- Afrihost uncapped and priority packages allow only one connection and user for each account while the capped packages allow multiple simultaneous connections (dependant on product specifications) from different locations for each account.
- Afrihost offers a notification facility for all capped data products. This facility is available in ClientZone.
- Clients will be opted-in to notifications by default, in line with relevant legislation.
- Clients may opt-out or customise notifications in ClientZone, and thereafter there will be no obligation or liability on the part of Afrihost should a client not receive such information due to the settings they have chosen.
- Afrihost will make every effort to deliver notifications as quickly and accurately as possible. However, Afrihost cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Afrihost has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.
- The onus is on clients to check their notification settings and amend as required in ClientZone.
- Afrihost takes steps to monitor the bandwidth usage of clients so as to ensure that client bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the client's DSL session is terminated. As a result, a client's current session will be automatically terminated for a very short period of time every 24 hours.
- Afrihost further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating client DSL sessions.
- Where a client exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:
- Afrihost, at its sole discretion, may allow a degree of over usage;
- Such allowed over usage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Afrihost's rights to enforce the hard cap.
- Afrihost may, in its sole discretion, recover the cost of the over usage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased.
- NOTWITHSTANDING THE MONITORING OF USAGE THE CLIENT AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.
- Afrihost also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the service terms and AUP.
- Clients can proactively manage their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to Afrihost ClientZone - https://clientzone.afrihost.co.... Afrihost however, makes no warranty as to the accuracy of the information returned by this facility and particularly notes that the information reflected by it may be up to 48 hours out of date.
- Afrihost accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of the DSL access service.
- APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE CLIENT OR APPLICANT.
- Clients are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to maintain ClientZone security. Afrihost accepts no liability for any loss or damage suffered by clients as a result of unauthorised use of clients' authentication credentials.
- The provision of the Afrihost DSL Service is subject to:
- The availability of upstream and network services;
- Network availability;
- Distance of the applicant from the local exchange;
- Copper quality as provided by Telkom; and
- Line sync speed limitations as may be applied or incurred through Telkom.
- Afrihost reserves the right to refuse DSL service based on network, domain and/or equipment identifiers.
