- Afrihost will provide DSL Services as more fully described in the Client Interface.
- For the purpose of these Service Terms, DSL includes the provision of ADSL and VDSL Services.
- Afrihost offers both capped and uncapped DSL Services.
- Afrihost's DSL Service relies on the provision of upstream services by Telkom. Telkom’s standard terms and conditions for the provision of Public Switched Telecommunication Services accordingly apply to the provision of the Afrihost DSL Service, and are available here or from all Telkom Direct shops.
- Clients and potential Clients agree to familiarise themselves with the content of these documents, which are incorporated by reference into these Service Terms.
- Afrihost provides 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 a shared resource and does not offer guaranteed throughput. 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).
- 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.
- Identity Verification as per RICA legislation is dealt with as described in the General Terms.
- Cancellation is dealt with as described in the General Terms.
- Further, it is the Client’s responsibility to cancel the voice / landline portion of their line with Telkom Directly. Afrihost cannot action any cancellations with Telkom on any Client’s behalf. The Client acknowledges that Telkom may charge a settlement fee for their contract and/or device.
- Afrihost Data is valid from the date of purchase until the end of the same Calendar Month of purchase. This is referred to as the “initial period”. The initial period will not exceed 31 (thirty-one) days.
- Afrihost will rollover unused Data for one additional Calendar Month. This is referred to as the “rollover period”. The rollover period will not exceed 31 (thirty-one) 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 the 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.
- Transfer of Data is only available between Afrihost Clients. Afrihost will be under no obligation to transfer Data to external users. Transfer requires the Client Interface 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 Service.
- 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 will not be 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 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.
- If the Client exhausts the purchased bandwidth or reaches the fixed Data cap, the Client will be hard-capped. This means that no further internet 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.
- Capped packages allow multiple simultaneous connections (dependent on product specifications) for each account.
- Afrihost offers a notification facility for all capped Data products. This facility is available in the Client Interface.
- Clients will be opted-in to notifications by default, in line with relevant regulation.
- Clients may opt-out or customise notifications in the Client Interface, 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 update it as required in the Client Interface.
- Afrihost monitors 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 (twenty-four) 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; and
- 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 the Client Interface - clientzone.afrihost.com. 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 (forty-eight) hours out of date.
- Clients will be held accountable for their conduct towards Afrihost staff and in the public or private domain with regard to allegations or malicious conduct directed toward Afrihost its staff or any Afrihost brand.
- Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Afrihost, its staff or any Afrihost brand will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Afrihost reserves the right to suspend or terminate the provision of Services to a Client in such cases.
- Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Afrihost, its staff or any Afrihost brand may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
- In addition to the limitations on liability and indemnities set out in the General Terms, 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 Client Interface 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 line 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.
