Terms and Conditions

  1. This is an agreement between you and Duma Web Networks regarding your use of Duma Web Networks products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, “the / this Agreement”)
  2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
  3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Acceptable use policy

  1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

  1. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Unacceptable Use

  1. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
  2. Duma Web Networks services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
  3. Due to the nature of a shared web hosting environment, Duma Web Networks reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
  4. The Duma Web Networks shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
  5. Duma Web Networks prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
  6. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
  7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Duma Web Networks fully and strictly reserves its rights in this regard.

Interpretation

  1. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Duma Web Networks reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

  1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    • 12.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    • 12.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    • 12.3. forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
    • 12.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

  1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
  2. It is contrary to Duma Web Networks policy for customers to use our servers to effect or participate in any of the following activities:
    • 14.1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
    • 14.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
    • 14.3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Duma Web Networks provided server, or using a Duma Web Networks provided server as a maildrop for responses;
    • 14.4. To falsify user information provided to Duma Web Networks or to other users of the service in connection with use of a Duma Web Networks service.

Determination of a breach of this Policy

  1. Duma Web Networks will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

  1. When Duma Web Networks becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Duma Web Networks will initiate an investigation (within 24-48 hours). During the investigation Duma Web Networks may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, Duma Web Networks may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Duma Web Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Duma Web Networks will notify the appropriate law enforcement department of such violation.
  2. Duma Web Networks does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
  3. You shall be held liable for any and all costs incurred by Duma Web Networks as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
  4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
  5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
  6. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Duma Web Networks personnel must spend to investigate any violations.

Modification

  1. Duma Web Networks may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
  2. Duma Web Networks reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

  1. Any party seeking to report any violations Duma Web Networks policy may contact via e-mail: abuse@dumaweb.co.za.

Website Take Downs

  1. 25. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which Duma Web Networks has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
    Website: www.ispa.org.za
    Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

  1. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
  2. We disclaim any and all loss or liability resulting from, but not limited to:
    • 27.1. loss or liability resulting from access delays or access interruptions;
    • 27.2. loss or liability resulting from data non-delivery or data mis-delivery;
    • 27.3. loss or liability resulting from acts of God;
    • 27.4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
    • 27.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
    • 27.6. loss or liability resulting from the interruption of your Service.
  3. You agree that we will not be liable for any loss of registration and use of your domain name, or for 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, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
  4. Subject always to the provisions of the CPA, to the extent that it is applicable, Duma Web Networks services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Duma Web Networks expressly disclaims any representation or warranty that the Duma Web Networks services will be error-free, secure or uninterrupted.
  5. No oral advice or written information given by Duma Web Networks, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
  6. Duma Web Networks will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
  7. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

  1. You agree to indemnify and hold Duma Web Networks harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Duma Web Networks will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
  2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Duma Web Networks reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Duma Web Networks then current Acceptable Use Policy, in the sole and absolute opinion of Duma Web Networks.
  3. Duma Web Networks will not change passwords to any account without proof of identification, which is satisfactory to Duma Web Networks, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Duma Web Networks will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Duma Web Networks be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Duma Web Networks from any and all Claims arising from such ownership disputes.
  4. You agree to indemnify and hold harmless Duma Web Networks and any other Account Holder from any and all Claims resulting from your use of the services provided by Duma Web Networks. The terms of this Section will survive any termination of this Agreement.
  5. You agree not to harm Duma Web Networks, its reputation, computer systems, programming and/or other persons using Duma Web Networks services.
  6. The terms of this Section will survive any termination of this Agreement.

Variation of services

  1. You agree that Duma Web Networks may establish limits concerning use of any Duma Web Networks service offered on any Duma Web Networks web site, including without limitation the maximum number of days that e-mail messages will be retained by any Duma Web Networks service, the maximum number of e-mail messages that may be sent from or received by an account on any Duma Web Networks service, the maximum size of an e-mail message that may be sent from or received by an account on any Duma Web Networks service, the maximum disk space that will be allotted on Duma Web Networks servers on your behalf either cumulatively or for any particular service. You agree that Duma Web Networks has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Duma Web Networks service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Duma Web Networks service may change at any time.
  2. Duma Web Networks reserves the right to select the server for your website for best performance. You understand that the services provided by Duma Web Networks are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Duma Web Networks has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of services

  1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Duma Web Networks.

Passwords

  1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of Duma Web Networks services, including any damages resulting there from, until you notify Duma Web Networks’ customer service.
  2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Duma Web Networks

Assignment of IP addresses

  1. If Duma Web Networks assigns you an Internet Protocol address in connection with your use of the Duma Web Networks services, the right to use that Internet Protocol address will remain with and belong only to Duma Web Networks, and you will have no right to use that Internet Protocol address except as allowed by Duma Web Networks in its sole and absolute discretion.

General provisions

  1. This Agreement constitutes the entire agreement between you and Duma Web Networks with respect to the Duma Web Networks services and supersedes all prior agreements between you and Duma Web Networks. Duma Web Networks reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Duma Web Networks services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
  2. Duma Web Networks failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
  3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
  4. Save where otherwise provided for in this Agreement, if you:
    • 48.1 fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
    • 48.2 commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
    • 48.3 are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
    • 48.4 commit any act which if committed by a natural person would constitute an act of insolvency;
    • 48.5 become insolvent;
    • 48.6 compromise or attempt to compromise generally with any of your creditors;
    • 48.7 have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment,

    then Duma Web Networks shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Duma Web Networks right to claim damages.

  5. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
  6. You consent to the jurisdiction of the South Africa courts.
  7. The Duma Web Networks services are provided from eMalahleni, South Africa, and this Agreement is deemed to have been entered into at eMalahleni.
  1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

Duma Web Networks billing terms
General

  1. Duma Web Networks will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
  2. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from Duma Web Networks, unless agreed otherwise. Duma Web Networks retains the right to impose, subject to a notice period of 7 business days, a credit limit on any of it’s customers as and when it sees fit.
  3. Duma Web Networks products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (including Dedicated servers).
  4. Duma Web Networks will provide a service to the you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specific in the product terms and conditions relating to the particular product or service supplied by Duma Web Networks. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Effect of non payment

  1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Duma Web Networks has in terms of this Agreement or in law, Duma Web Networks reserves the right to hold you liable for the total amount due pursuant to such invoice.
  2. Interest of 2% per month may be charged on all overdue accounts.
  3. Duma Web Networks may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
  4. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
  5. If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
  6. If you neglect to pay the amount due in full, Duma Web Networks will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  7. If you neglect to pay the amount due in full, Duma Web Networks will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
  8. In the event of suspension due to non-payment, Duma Web Networks reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
  9. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
  10. DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and you shall be notified thereof beforehand.

Payment methods and fees

  1. Duma Web Networks only accepts payments via debit order and credit card. Duma Web Networks accepts MasterCard, VISA and AMEX.
  2. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
  3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

  1. Each of Duma Web Networks web hosting plans comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals, Domain ID Protection and Dedicated Servers are not refundable.
  2. Duma Web Networks will only refund a customer in the event of their account having a credit balance.
  3. Duma Web Networks will process authorised refunds to customers each Wednesday and Friday.

Cancellations

  1. Cancellations must be done using the Customer Zone.
  2. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
  3. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

Downgrades

Definition
“A downgrade occurs when changing your current package to a package with a lower cost”. Example: Changing from a Home Uncapped 1mbps account at R289 to a Home Uncapped 384kbps account at R189 would be considered a downgrade

  1. Downgrades must be done using the Customer Zone.
  2. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.

Dispute Resolution

General Dispute Resolution

  1. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
  2. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:You are required to direct a general complaint to complaints@dumaweb.co.za. The complaint is required to be accompanied by the following;
    • 53.1. Your full particulars and contact details;
    • 53.2. Your relationship with Duma Web Networks and any customer reference which may be applicable;
    • 53.3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
    • 53.4. Any relevant evidence or documentation you wish to submit in support of your complaint.
    • 53.5. Under the ICASA Code of Conduct Regulations Duma Web Networks is required to:
      • 53.5.1 Acknowledge receipt of your complaint within three working days; and
      • 53.5.2 Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.

Referral of Complaints to ICASA

  1. If you are not happy about the outcome of the Complaint you have 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 under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
  3. ICASA can be contacted in the following ways:
  4. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute resolution

Purpose of this Procedure

  1. This Procedure sets out the obligations of Duma Web Networks and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
  2. Duma Web Networks’ Billing Dispute Handling Procedure is intended to service both the Customer and Duma Web Networks’ interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
  1. Definitions
    “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.“Billing Disputes Procedure”and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.“Billing Enquiry”means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this 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 an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

  1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Duma Web Networks by the Due Date of the Invoice.
  2. For the avoidance of doubt the parties acknowledge and agree that:
    • 62.1. 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 a Disputed Amount).
    • 62.2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Duma Web Networks as set out below).
    • 62.3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@dumaweb.co.za — while Complaints are dealt with under the Duma Web Networks Complaints Handling Procedure.
  3. Please note that Duma Web Networks will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s obligations to first use this Procedure

  1. As a current or prior Customer of Duma Web Networks, you agree to allow Duma Web Networks to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Duma Web Networks requires and you agree that it be the first option in Billing Disputes. Should Duma Web Networks receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Duma Web Networks has been given a chance to resolve the issue, Duma Web Networks has the right to collect on the rendered services and any fees associated with those disputes.
  2. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Duma Web Networks still retains the right to collect on any rendered services or fees that are due. Should Duma Web Networks be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Duma Web Networks will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

  1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

  1. You may only withhold payment of a Disputed Amount where Duma Web Networks receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.

Billing Dispute Notice

  1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
  2. The Billing Dispute Notice should clearly set out:
    • 95.1. Invoice number and date;
    • 95.2. The amount in dispute (“the Disputed Amount”);
    • 95.3. The amount not in dispute (“the Undisputed Amount”);
    • 95.4. The full details of the dispute; and
    • 95.5. Any relevant evidence or documentation you wish to submit in support of your complaint.

Response to Billing Dispute Notice

  1. Under the ICASA Code of Conduct Regulations Duma Web Networks is required to acknowledge receipt of your complaint within 3 Business Days.
  2. Duma Web Networks shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
    • 97.1 A rejection of the Billing Dispute Notice on the basis that:
    • 97.2 The Billing Dispute Notice was not received by Duma Web Networks within 60 days from the date of the relevant invoice;
    • 97.3 The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
    • 97.4 The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
    • 97.5 Duma Web Networks has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
    • 97.6 The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or
    • 97.7 Duma Web Networks reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
    • 97.8 A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Duma Web Networks in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Duma Web Networks
    • 97.9 A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

  1. If you are not satisfied with Duma Web Networks response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) Duma Web Networks within 3 Business Days of receiving Duma Web Networks response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
    • 98.1 To ensure that SM meet to resolve the dispute within 7 Business Days of Duma Web Networks receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
    • 98.2 Any decision of SM will be final and binding on both parties.
    • 98.3 Both parties acknowledge and agree that if Duma Web Networks does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and Duma Web Networks will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

  1. If stipulated under Duma Web Networks’ response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
  2. If stipulated under Duma Web Networks’ response under section 85 or where SM agree on a resolution or reach a decision under section 85 that Duma Web Networks must withdraw the disputed charge or refund a disputed charge previously paid, Duma Web Networks must as soon as practicable:
    • 99.1 If stipulated under Duma Web Networks’ response under section 84 or where SM agree on a resolution or reach a decision under section 85 that Duma Web Networks must withdraw the disputed charge or refund a disputed charge previously paid, Duma Web Networks must as soon as practicable:
    • 99.2 Credit any Disputed Amount already paid by you.
  3. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Duma Web Networks will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

  1. Duma Web Networks will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Duma Web Networks has reached a determination and communicated this to you.
  2. We reserve the right, however, to take such measures immediately:
    • 77.1 Where a determination of the Billing Dispute has been made and communicated to you; or
    • 77.2 Where you have indicated that you are unable to pay your 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 your creditors.
  3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Duma Web Networks shall continue to have the right to terminate or suspend the service in accordance with Duma Web Networks’ rights under the agreement that you have with Duma Web Networks.

Confidentiality

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

Overage Disputes

  1. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
  2. Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to your account.

Realm Disputes

  1. Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
  2. Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

  1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
  2. Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, DSL console, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

  1. If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. ICASA can be contacted in the following ways:

Use of Account Holder information for promotional purposes

Duma Web Networks may include the your name and contact information in directories of Duma Web Networks’ service subscribers for the purpose promoting the use of the services by additional potential customers. However, Duma Web Networks is not authorized to print yours name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.

TERMS AND CONDITIONS FOR USE OF WEBSITE

  1. Use of this website constitutes acceptance of these Terms and Conditions which thereafter constitute a binding agreement (“Agreement”) between Duma Web Networks and the user.
  2. Use of this website is strictly at the sole risk of the user.
  3. Duma Web Networks may, in its sole discretion, amend these Terms and Conditions from time to time at which time these will be brought to the attention of users and become binding on such users where they continue to use the website after such amendments have been brought to their attention.

Amendments to content and information

  1. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.
  2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act

Website owner: Duma Web Networks

Registered Number: 2013/167340/07

Directors: Makhosini Sindane (CEO), Sandile Sindane

Phone: 087 170 0863

Fax: 086 600 9700

E-mail: support@dumaweb.co.za

Web site: www.dumaweb.co.za

Physical Address:

03 Rhodes Street

CBD

eMalahleni

Mpumalanga

1035

Postal Address

PO Box 8116

03 Rhodes Street

CBD

eMalahleni

Mpumalanga

1035

VAT Number: 4590281152

No offer

  1. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

Disclaimers

  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. Duma Web Networks MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. Subject to Chapter 7 of the ECT Act, Duma Web Networks, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
  3. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Duma Web Networks disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
  4. Duma Web Networks has no control over third party content and features which may be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites contents and features.

Introduction

  1. In order to provide electronic communications services to its subscribers:
    1. ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by Duma Web Networks to subscribers and potential subscribers.
  2. Duma Web Networks has developed its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with you.
  3. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.

Key Commitments

  1. Duma Web Networks makes the following key commitments and will endeavour to:
    1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
    2. Ensure that all its services and products meet the specifications as contained in Duma Web Networks’ licences and all the relevant laws and regulations;
    3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    4. Display utmost courtesy and care when dealing with Customers;
    5. Provide Customers with information regarding services and pricing;
    6. Where requested to do so provide Customers with guidance with regard to their service needs; and
    7. Keep the personal information of Customers confidential unless we are:
      1. Otherwise authorised or required by law or order of Court;
      2. In possession of written authorisation from you to do so; and/or
      3. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
  2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

Consumer rights

  1. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
    1. A right to be provided with the required service without unfair discrimination;
    2. A right to choose the service provider of your choice;
    3. A right to receive information in your preferred language (Duma Web Networks will do its best to meet this request where reasonable);
    4. A right to access and question records held by Duma Web Networks and which relate to your relationship with us;
    5. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
    6. A right to port a number in terms of applicable regulations;
    7. A right to lodge a complaint; and
    8. A right to redress.

Availability of Information

  1. Information relating to:
    1. Our range of services / products on offer;
    2. Tariff rates applicable to each service offered;
    3. Terms and conditions applicable to such services / products;
    4. Payment terms;
    5. Billing, billing processes and our Billing Dispute Handling Procedure;
    6. Complaints Handling Procedure, and
    7. Relevant contact details

can be obtained from our website (www.dumaweb.co.za) or by email request tosupport@dumaweb.com (no charge payable) and is available for inspection at our offices during business hours.

 

Vetting of applications and use of credit registered credit bureaux’s

  1. Where applicable we reserve 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’s and you consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.

Written terms and conditions of service

  1. We will provide you 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 you within seven (7) Business Days.
  2. Where we affect changes to the terms and conditions of our service to you we will inform of such changes within a fair and reasonable period.

Minimum standards for the services offered by Duma Web Networks

  1. Subject to events and conduct beyond its reasonable control. Duma Web Networks will
    1. provide a minimum of 95% network service availability measured over 6 months;
    2. provide a minimum of 95% service availability measured over 6 months;
    3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
    4. provide full reasons to you where we are not able to meet your request for service within these time periods;
    5. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
    6. provide full reasons to you where we are not able to meet your request for activation within these time periods;
    7. maintain an average of 90% fault clearance rate for all faults reported within three (3) days with the balance to be cleared within 6 Business Days of the reporting of the fault;
    8. respond within 3 (three) minutes (averaged over six months) to any call directed to the Duma Web Networks call centre;
    9. Monitor its network 24/7/365.
  2. Customers acknowledge that Duma Web Networks 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 Duma Web Networks 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.
  3. Customers acknowledge that Duma Web Networks 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 Duma Web Networks 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.

Miscellaneous

  1. Any queries relating to this Code of Conduct should be sent to support@dumaweb.com.
  2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of Duma Web Networks’ services and products and is incorporated therein.

Duma Web Networks at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime.

By using this service the user waives any rights or claims it may have against Duma Web Networks, regarding such changes. Without limiting the foregoing, Duma Web Networks shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Duma Web Networks web site. Duma Web Networks forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Duma Web Networks making any representation or warranty regarding any third party’s products or services, nor will Duma Web Networks be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Duma Web Networks with respect to third party products and services, to the maximum extent permitted by law.

Purpose

  1. This Policy sets out the manner in which Duma Web Networks handles personal information submitted by or collected from you whilst visiting the Duma Web Networks website(s).

Definitions

 

personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”)

user” means any person accessing any part of the web site

Status

  1. This Privacy Policy forms part of the Terms and Conditions of Use of this website. Continued use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of personal data

  1. We collect only what is necessary and use it only for the purpose for which it is required.

  2. We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.

  3. If we do not need it anymore, we will delete any personal information held.

  4. We neither store nor retain any credit card information.

Email communications

  1. When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Duma Web Networks. Once received, the information to your e-mail is protected in accordance with this Policy.

Collection of anonymous data

  1. In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.

  2. In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site and will log:

    1. The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.

    2. The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.

    3. The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.

    4. The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.

  3. If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.

Access to personal data

  1. If you believe that your personal data which we may have is outdated or incorrect please ask us to correct‐ please use our contact page. Please provide us with all the information we need to make the correction.

  2. You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an e-mail asking for the information you need.

Links to other web sites

  1. We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.

Security

  1. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.

  2. Users and/or subscribers are prohibited from releasing their username and/or password to any other person.

Children’s privacy

  1. This is a child-friendly web site: Duma Web Networks takes into account the privacy and well-being of children when they are online.

Queries

  1. If you have any queries about this Privacy Policy please contact us.

The below sites contain information and applications for protecting minors from problematic online content.

  • Cyberangels: World’s oldest and largest Internet safety organisation
  • GetNetwise: Educating parents and children about how to use the Internet safely
  • KidShield: Tools and information to create a safety net for your children online
  • ProtectKids.com: Protecting children in cyberspace
  • SafeKids.com: Making your family’s online experience fun and productive
  • WiredKids: Online safety for kids and teens