Takedown Notice Procedure
In terms of section 75 of the Electronic Communications and Transactions Act ("the ECT") Xnet Internet Services (Pty) Ltd (Xnet) has designated the Internet Service Providers' Association (ISPA) as its agent to receive notifications of infringements as defined in Section 77 of the Act. Easyweb operates as a reseller of Xnet and in terms of the licences held by Xnet.
For further details contact ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Telephone Numberl: 010 500 1200
Should Easyweb through its authorised agent (ISPA) be served with a valid takedown notice as envisaged in the Act, in respect of any unlawful activity by you, Easyweb will do the following, once ISPA notifies Easyweb that the takedown notice has been validly issued:
- notify you of the takedown notice which has been received;
- advise you to, if possible, remove the allegedly infringing material or cease the allegedly unlawful activity, as requested in terms of the takedown notice; and
- takedown the services if the allegedly infringing material is not removed or the allegedly unlawful activity is not ceased, as requested.
Easyweb suggests that you remove the allegedly offending material or cease the allegedly unlawful activity so that Easyweb does not have to take down the entire service. Please be aware that should Easyweb take down your service it may impact all components of that service, including for example your entire website will be down and you will not be able to receive emails.
Should you wish to issue a takedown notice for any content on a website hosted by Easyweb please follow the process outlined at https://ispa.org.za/tdn/how-to/
Please note: Easyweb does not assess whether or not the material or activity in question is in fact unlawfully. Easyweb is required by law to determine whether the takedown notice is procedurally correct and to respond to takedown notices validly issued directly or to its agent.
Acceptable Use Policy
Easyweb Internet (Pty) Ltd (“Easyweb”) is committed to complying with legislation and ensuring all subscribers have the ability to use its network and the Internet without interference or harassment from other users. Easyweb’s Acceptable Use Policy (“AUP”) is designed to help achieve these goals.
By using any of Easyweb’s services, subscribers agree to comply with this AUP and to remain responsible for their use. Easyweb reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at http://www.easyweb.co.za and subscribers are deemed to have accepted any changes to the updated AUP by their continued use of Easyweb’s services.
Scope of the AUP
The AUP applies to Easyweb services that provide (or include) Internet services, including but not limited to any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, e-mail services, etc) or any other services provided over the Internet or wireless data networks (collectively "the Services").
General Prohibitions: Easyweb prohibits use of the Services in any way that is: i) unlawful, incitement to commit criminal acts, ii) harmful to or interferes with use of Easyweb's network or systems, or the network of any other provider; iii) interferes with the use or enjoyment of services received by others; iv) infringes intellectual property rights; v) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, or constitutes hate speech; or vi) constitutes abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from an Easyweb-branded website or from a website that contains Easyweb-branded content is a violation of this AUP.
Unlawful Activities: The Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.
Violation of Intellectual Property Rights: The Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Easyweb or any other individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: The Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name) that harasses or threatens the health or safety of others. In addition, for those Services that utilize Easyweb-provided web or content hosting, Easyweb reserves the right to decline to provide such services if the content is determined by Easyweb (at its sole discretion) to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
nappropriate Interaction with Minors: The Services should not be used for the purpose of committing any offences against or relating to a child or in way that would constitute or promote unlawful interaction with children.
Spam/E-mail abuse is prohibited using the Services. Spam/E-mail abuse shall include, but are not limited to, the following activities:
- sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted-for capacity or that create the potential for disruption of the Easyweb network or of the networks with which Easyweb interconnects, by virtue of quantity, size or otherwise;
- using another site's mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the subscriber does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Services or the Internet (e.g., through language, frequency, size or otherwise of the messages);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including but not limited to the facilitation of the means to spam.
- Easyweb reserves the right to establish policies, rules and limitations from time to time concerning the use of the Services. Users must comply with any bandwidth, data storage and other limitations imposed by Easyweb at its sole discretion. Failure to comply with these rules will result in the user’s service being restricted, suspended or terminated, at Easyweb’s sole discretion.
- Easyweb reserves the right to limit the number of emails that any user may send in any given period or to limit the total message volume (amount of data) sent per hour.
- Unless subscribed to a business package, users may not use the Services for anything other than their own personal use.
- Unless subscribed to a business packages and permitted in terms of such business package, users may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the Service for any commercial purposes. For example, a user cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. Users may not run a server (including game servers) in connection with the Services. Users may not provide network services to others via the Services. In addition, users are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. Users may not share the Services with any others.
- Users may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or any services, or create an unusually large burden on Easyweb’s network or the network of any other service provider, including, without limitation, continuously uploading or downloading streaming video or audio, continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions.
- Easyweb reserves the right to establish policies, rules and limitations, from time to time, concerning the use of any service. Users must comply with any bandwidth, data storage and other limitations Easyweb may impose, in its sole discretion. Failure to comply with these rules will result in the user’s service being restricted, suspended or terminated, at Easyweb’s sole discretion.
- Easyweb will manage bandwidth usage to the best of its ability during peak periods, however the user is aware thatit remains a best effort service.
- Easyweb reserves the right to manage its network in order to optimize its efficiency for the benefit of all Easyweb subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on the user’s use.
Easyweb may take any other action as it deems appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting any user’s data traffic by controlling their network and/or bandwidth usage.
- Users may not use the Services for unattended automated operation, unless otherwise expressly agreed by Easyweb. Usersmay stay connected as long as they are actively using that connection. Users further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
- Easyweb does not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
- Easyweb are committed to provide users with uninterrupted services. However, Easyweb cannot guarantee that service and the allocated capacity will always be available.
- Easyweb can terminate the service at any time if it decides to discontinue the service offering for any reason whatsoever, without any further liability to any users.
Subscribers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use the Service(s), including implementation of necessary patches and operating system updates.
The Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Easyweb’s (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:
- Unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow subscriber's account to stay logged on while the subscriber is not actively using the IP Services or using such account for the purpose of operating a server of any type;
- using manual or automated means to avoid any use limitations placed on the IP Services;
- providing guidance, information or assistance with respect to causing damage or security breach to Easyweb's network or systems, or to the network of any other service provider;
- Failure to take reasonable security precautions to help prevent violation(s) of this AUP.
AUP Enforcement and Notice
Subscriber's failure to observe the guidelines set forth in this AUP will be regarded as a material breach and may result in Easyweb taking action against such subscriber, which may either be a warning, a suspension or termination of Subscriber's services. When reasonably possible, Easyweb may provide the Subscriber with a notice of an AUP violation allowing the subscriber to promptly correct such violation.
If the Services are used in a way that Easyweb, in its reasonable discretion, believe violates this Acceptable Use Policy or any of its other rules or limitations, Easyweb may take any responsive actions it deems appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.
Should users engage in any one or more of the above activities, which shall be determined in Easyweb's reasonable discretion and which decision shall be final, then Easyweb shall be entitled, without prejudice to any other rights it may have, to take any responsive action it deems appropriate, and such actions may include, without limitation:
- Without notice, temporary or permanent limitation, restriction or suspension of the user’s access to the Service concerned;
- terminate all agreements with the user with immediate effect;
- Bill the user for any costs incurred by Easyweb as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Easyweb's name or registered domain names and CPU cycles; and
- disclose information relating to the offending activity as may be required under the circumstances.
Easyweb has no obligation to monitor content of any materials distributed or accessed using the Services. However, Easyweb may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Easyweb network and its subscribers.
Code of Conduct
- In order to provide electronic communications services to its subscribers, Easyweb Internet (Pty) Ltd ( "Easyweb”) operates as a reseller of Xnet Internet Services (Pty) Ltd, which holds licences issued by the Independent Communications Authority of South Africa (ICASA).
- ICASA requires that all licence-holders comply with, inter alia, the:
- ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
- ICASA End-User and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
- Easyweb 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.
- The ICASA Code of Conduct Regulations 2008 are available here.
- The ICASA End-user and Subscriber Service Charter Regulations are available here.
- "Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
- "Business Hours” means 08h00–17h00 on Business Days.
- "Customer” means a subscriber or potential subscriber of Easyweb.
- Easyweb makes the following key commitments and will endeavour to:
- Act in a fair, reasonable and responsible manner in all dealings with Customers;
- Ensure that all its services and products meet the specifications as contained in Easyweb’s licences and all the relevant laws and regulations; ;
- Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation; ;
- Display utmost courtesy and care when dealing with Customers;
- Provide Customers with information regarding services and pricing;
- Where requested to do, so provide Customers with guidance with regard to their service needs; and
- Keep the personal information of Customers confidential unless Easyweb is:
- In possession of written authorisation from the Customer to do so;
- Required to release such information for the purpose of briefing Easyweb’s auditors, professional advisors or an accredited debt collection agency; and/or
- Otherwise authorised or required by any law or an order of Court;
- Customers have the right to refer Complaints to ICASA as more fully set out in the Complaints Procedure.
- The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by Consumers:
- A right to be provided with the required service without unfair discrimination;
- A right to choose the service provider of the Customer’s choice;
- A right to receive information in the Customer’s preferred language (Easyweb will do its best to meet this request where reasonable);
- A right to access and question records held by Easyweb which relate to the Customer’s relationship with Easyweb;
- A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s express permission;
- A right to port a number in terms of applicable regulations;
- A right to lodge a complaint; and
- A right to redress.
- Easyweb’s range of services/products on offer;
- Tariff rates applicable to each service offered;
- Terms and conditions applicable to such services/products;
- Payment terms;
- Billing, billing processes and the Billing Disputes Procedure;
- General Complaints Procedure, and
- Relevant contact details.
- Easyweb 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.
- Billing terms are also set out on Easyweb’s invoices.
- Where a product is defective, Easyweb will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.
- Where applicable, Easyweb 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.
- Easyweb will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions thereof will be provided to the Customer within seven (7) Business Days.
- These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination.
- Where Easyweb affects changes to the terms and conditions of its service, Easyweb will inform the Customer of such changes within a fair and reasonable period.
- Easyweb will, subject to events and conduct beyond its reasonable control:
- provide a minimum of 95% network service availability measured over six (6) months;
- provide a minimum of 95% service availability measured over six (6) months;
- attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days of request, while meeting the balance of requests within forty (40) Business Days of request;
- provide full reasons to the Customer where Easyweb is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;
- attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) Business Days of request, provided that the applicant is within Easyweb’s specified coverage area;
- provide full reasons to the Customer where Easyweb is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request for same;
- maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;
- respond within three (3) minutes (averaged over twelve months) to any call directed to the Easyweb call centre;
- monitor its network 24 hours a day, 7 days a week, 364/5 days a year.
- Customers acknowledge that Easyweb is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that Easyweb cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
Availability of Information
Terms and Conditions of Service
Minimum Service Standards
- “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.
- “Billing Dispute Notice” means a formal, written notice submitted to Easyweb by the Customer in terms of this Procedure.
- “Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.
- “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Easyweb. including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.
- “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
- “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.
- “Customer” means a Easyweb subscriber or potential subscriber.
- This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
- The Complaint is required to be accompanied by the following:
- The Customer’s full particulars and contact details;
- The Customer’s relationship with Easyweb, together with any customer reference numbers or details which may be applicable;
- A statement of the reasons for the Complaint, with enough detail to allow Easyweb to assess these; and
- Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.
- Following the ICASA Code of Conduct Regulations, Easyweb will:
- Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and
- Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.
- The Customer expressly acknowledges and agreed that:
- Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Easyweb by the due date of that invoice;
- 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”);
- The Billing Disputes Procedure is only triggered when Easyweb 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 17; and
- Please note that Easyweb 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.
- The Customer expressly agrees to allow Easyweb to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card Easyweb or bank. Easyweb requires and Customer expressly agrees that Easyweb will be the first option in Billing Disputes. Should Easyweb receive a chargeback or other reversed charge from a third party, credit card Easyweb or bank on behalf of the Customer before Easyweb has been given a chance to resolve the Billing Dispute, then Easyweb has the right to collect on the rendered services and any fees associated with those charges.
- 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 Easyweb or bank in an attempt to settle the dispute. However, Easyweb still retains the right to collect on any rendered services or fees that are due. Should Easyweb be unable to reverse any disputed amounts with a third party, credit card Easyweb or bank, Easyweb will submit the full delinquent amount for collection.
- The Customer may only withhold payment of a Disputed Amount where Easyweb 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.
- 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.
- The Billing Dispute Notice is required to be accompanied by the following:
- The Customer’s full particulars and contact details;
- The Customer’s relationship with Easyweb, together with any customer reference numbers or details which may be applicable;
- Invoice number and date;
- The amount in dispute (“the Disputed Amount”);
- The amount not in dispute (“the Undisputed Amount”);
- A statement of the reasons for the Billing Dispute, with enough detail to allow Easyweb to assess these; and
- Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.
- In terms of the ICASA Code of Conduct Regulations, Easyweb will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
- Easyweb 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.
- Easyweb may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Easyweb 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 Easyweb.
- Easyweb’s 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:
- A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
- A rejection of the Billing Dispute Notice on the basis that:
- The Billing Dispute Notice was not received by Easyweb within thirty (30) calendar days of the date of the relevant invoice, as required in clause 18;
- The Billing Dispute Notice does not contain all of the information required, as set out in clause 20, or was not submitted in the required manner, as set out in clause 19;
- 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 17.
- Easyweb 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
- Easyweb reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
- Any alternate resolution that Easyweb deems appropriate.
- If stipulated in Easyweb’s response in terms of clause 24 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 the Easyweb’s response.
- If stipulated under Easyweb’s response in terms of clause 24 that Easyweb must withdraw the Disputed Amount or refund a fee already paid, Easyweb must as soon as practicable:
- 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 Easyweb’s standard billing terms; or
- Credit any Disputed Amount already paid by the Customer.
- Easyweb 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 Easyweb has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
- Easyweb reserves the right, however, to take such measures mentioned in clause 27 immediately:
- Where a determination of the Billing Dispute has been made and communicated to the Customer; or
- 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.
- 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 Easyweb shall continue to have the right to terminate or suspend the service in accordance with Easyweb’s rights under the agreement that the Customer has with Easyweb.
- 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.
- 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.
- Please note that in terms of the ICASA Code of Conduct Regulations 2008, the Customer must give Easyweb 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.
- ICASA can be contacted in the following ways:
- telephone: 011 566 3000;
- fax: 011 444 1919; and/or
General Complaints Procedure
Billing Disputes Procedure
Withholding the Disputed Amount
Initiating Billing Disputes
Response to Billing Dispute Notice
Continued Service Provision
Referral of Complaints to ICASA
- Easyweb will always seek to protect the confidentiality of its subscribers' information, and will only use its subscribers' information for the purpose/s permitted or required by law.
- Easyweb will only release subscriber information to a third party under the following circumstances:
- when directed to do so on the written instruction of the subscriber or a prospective subscriber;
- when directed to do so in terms of an order of Court;
- when directed to do so by the Independent Communications Authority of South Africa for the purpose of compiling, verifying or auditing any reports, accounts or other information required under the service licences in terms of which Easyweb operates or in terms of the Electronic Communications Act, 2005 and the regulations made pursuant to that Act;
- where it is necessary to properly deal with and comply with any legislative enactment or regulation in respect of any complaint lodged in terms of Easyweb’s complaints handling procedure;
- during the process of debt collection;
- to Easyweb’s attorneys in connection with any potential, threatened or actual litigation; and,
- to Easyweb’s auditors for the purpose of auditing their accounts.
- In addition to the above, please note that:
- Whilst you can browse the web without revealing any of your personal information, we automatically collect specific, non-identifying information such as the IP address from which our services or websites are accessed, the IP address of any websites you may visit and any such other information as may be required for us to perform trend and statistical analysis of our service provision, the efficacy of this website and our quality of service.
- Some of our web pages utilise cookies so that we can provide you with more tailored information when you return to our site. Cookies are used to enhance your interactive experience and generally improve the service which we offer you. You can set your browser to notify you when you receive a cookie and decide whether or not to accept it.
- We may from time to time disclose aggregate information to third parties to identify the user population in general terms, e.g. 52% males visit a particular site. Your identity and/or personal information will under no circumstances be disclosed.
- We are not responsible for the privacy practices of or the content on sites linking out of the Easyweb network or accessed through our service. You hereby expressly agree to exclude and indemnify Easyweb against any liability arising from your access to sites other than those on the Easyweb network.
Information required in terms of the Electronic Communications and Transactions Act, 25 of 2002 (“the ECT”)
In accordance with section 43 of the ECT, the following information has been made available by Easyweb Internet (Pty) Ltd (“Easyweb”):
- Full name and legal status: Easyweb Internet (Pty) Ltd is a private company incorporated in accordance with the company laws of the Republic of South Africa, and operating as a reseller of and in terms of the licences held by Xnet Internet Services (Pty) Ltd (Xnet).
- Physical addresses, telephone numbers, website addresses, and email addresses:
- Unit 6 Fish Eagle Office Park
- Telephone number: 010 001 5200
- Website address: www.easyweb.co.za
- Unit 6 Fish Eagle Office Park
- Xnet is a member of the Internet Service Providers’ Association of South Africa (“ISPA”). ISPA’s details follow below:
- Telephone number: 010 500 1200
- Website address: www.ispa.org.za
- PO Box 518, Noordwyk, 1687, Midrand
Easyweb subscribes to the Code of Conduct for Electronic Communications and Electronic Communications Network Services Licensees as prescribed by ICASA in Notice 1740 of 2007, Government Gazette No. 30553, dated 7 December 2007.
Easyweb’s Code of Conduct and Service Charter are available in the Legal Notices tab on our website. Easyweb’s Code of Conduct and Service Charter will prevail and take precedence in any instance where the Code of Conduct of any other self-regulatory or accreditation body to which Easyweb belongs, contradicts Easyweb’s own Code of Conduct and Service Charter.
Easyweb’s Registration details:
Registration Number: 2012/038713/07
Place of registration: Registered in accordance with the company laws of the Republic of South Africa
Registered address: Unit 6 Fish Eagle Office Park, Kingfisher Crescent, Meyersdal, Alberton
Name of office bearers: L Whitecross,
- The physical address at which Easyweb will receive the service of legal documents:
Unit 6 Fish Eagle Office Park,
The promotion of access to information act (PAIA)
Should you wish to request information or documentation from Easyweb Internet (Pty) Ltd (“Easyweb”), there are certain procedures which, by law, both Easyweb and you will need to follow. To make this process easier for you we have created a manual that you may download from link. The manual may be amended from time to time and as soon as any amendments have been finalised the latest version of the manual will be made available on this site.
If you need any help in using the manual, please call the Appointed Information Officer, who will be happy to assist you.
Contact Details (Section 51(1)(a) of PAIA)
- The Appointed Information Officer: Carol Lynch
- Physical Address: Unit 6 Fish Eagle Office Park, Kingfisher Crescent, Meyersdal, Alberton
- Postal Address: P O Box 6204, Meyersdal, 1447
- Telephone: +27 010 001 5200
- Fax: +27 86 682 9403
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
Easyweb Internet (Pty) Ltd (“Easyweb”) supplies technology solutions across all major industry verticals. These services are applied to provide high value solutions for both private and enterprise clients
Easyweb supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
Availability of this manual
A copy of this Manual is available on the Easyweb website (http://www.easyweb.co.za) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.
How to request acces to records held by EasyWeb
Requests for access to records held by Easyweb must be made on the request forms that are available from our website and office, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).
A request fee may be payable. The schedule of fees can be accessed here. You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Easyweb.
The standard form that must be used for the making of requests can be accessed here. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
Kindly note that all requests to Easyweb will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Easyweb does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
How to acces the guide as described in section 10 of the Act.
The Guide described in Section 10 of the Act is available from the South African Human Rights Commission. Please direct any queries to:
- The South African Human Rights Commission:
- PAIA Unit
- The Research and Documentation Department
- Postal address:
Private Bag 2700 Houghton 2041
- Telephone: +27 11 484 8300
- Fax: +27 11 484 0582
- Website: www.sahrc.org.za
Easyweb has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Easyweb and its services is freely available on Easyweb’s website. Certain other information relating to Easyweb is also made available on Easyweb’s website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
Records Availible In Terms Of Any Other LEgislation
Information is available in terms of the following legislation to the persons or entities specified in such legislation:
- Companies Act, No. 61 of 1973
- Income Tax Act, No. 58 of 1962
- Value Added Tax Act, No. 89 of 1991
- Labour Relations Act, No. 66 of 1995
- Basic Conditions of Employment Act, No. 75 of 1997
- Employment Equity Act, No. 55 of 1998
- Skills Development Levies Act, No. 9 of 1999
- Unemployment Insurance Act, No. 30 of 1966
- Electronic Communications and Transactions Act, No. 25 of 2002.
- Telecommunications Act, No. 103 of 1996
- Electronic Communications Act, No. 36 of 2005
- ICASA Act, No. 13 of 2000
- Film and Publications Act, No. 65 of 1996
- Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002
Records Held By EasyWeb
Easyweb maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
The following are records pertaining to Easyweb’s own affairs and those of its divisions, subsidiary and associated companies:
- Memorandum and Articles of Association
- Financial records
- Operational records
- Intellectual property
- Marketing records;
- Internal correspondence;
- Product records;
- Statutory records;
- Internal policies and procedures;
- Records held by officials of Easyweb.
Personal refers to any person who works for or provides services to or on behalf of Easyweb and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Easyweb. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers.
Personnel records include the following:
- Any personal records provided to Easyweb by their personnel;
- Any records a third party has provided to Easyweb about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
Customer RecordsPlease be aware that Easyweb is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
- Any records a customer has provided to Easyweb or a third party acting for or on behalf of Easyweb;
- Contractual information;
- Customer needs assessments;
- Personal records of customers;
- Credit information and other research conducted in respect of customers;
- Any records a third party has provided to Easyweb about customers;
- Confidential, privileged, contractual and quasi legal records of customers;
- Customer evaluation records;
- Customer profiling;
- Performance research conducted on behalf of customers or about customers;
- Any records a third party has provided to Easyweb either directly or indirectly; and
- Records generated by or within Easyweb pertaining to customers, including transactional records.
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Easyweb. The following records fall under this category:
- Personnel, customer or Easyweb records which are held by another party as opposed to being held by Easyweb; and
- Records held by Easyweb pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
Further records are held including:
- Information relating to Easyweb’s own commercial activities; and
- Research carried out on behalf of a client by Easyweb or commissioned from a third party for a customer;
- Research information belonging to Easyweb, whether carried out itself or commissioned from a third party.
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