Detailed Description of Goods and/or Services
Izwi Technology Group (Pty) Ltd (herein referred to as "Izwi") is an Internet Service Provider (ISP) that markets hosting, internet access, communications and web development services.
Delivery Policy
Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery confirmed telephonically or via email. Izwi is bound by the terms and conditions of our FNOs and their agreements and operational environment. We cannot provide guarantees or terms that supersedes these agreements.
Liability
By agreeing to use our services you agree to our standard terms and conditions.
Return and Refunds policy
The provision of goods and services by Izwi is subject to availability. In cases of unavailability, Izwi will refund the client in full within 30 days. Cancelation of credit card orders by the client will attract a 5% administration fee. Al goods such as hardware and software remain the property of Izwi until paid in full.
CPE (Customer Premises Equipment)
All risk in and to the CPE shall pass to the subscriber on
delivery. The CPE and all cabling shall remain the property of
the SP until fully paid. If any CPE is lost, stolen or damaged,
the subscriber shall immediately notify the SP in writing and
until such notification, the subscriber shall remain liable for
all costs and charges pertaining to such CPE. The SP shall, as
soon as is reasonably possible, replace the CPE.
The Subscriber shall be liable for the cost of
this replacement CPE unless the subscriber has taken out
insurance.
Equipment carries a
12 Month Warranty on Out of box failures. It is
the responsibility of subscriber to insure said equipment
against theft, lightning, electrical surge and Acts Of God.
Such loss, theft or damage and/or the replacement of the CPE
and/or the allocation of a new mobile access number as a result,
shall in no way be deemed to constitute a termination of the
agreement which shall continue to be of full force and effect.
Tax Exemption
Unless otherwise noted all prices on this web site includes Value Added Taxes (VAT). Residents from outside the Republic of South Africa are exempt from South African VAT.
Customer Privacy Policy
Izwi shall take al reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shal be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
Acceptable Use Policy
Izwi's hosting and Internet access services are government by our Acceptable Use Policy (AUP). Our AUP policy states that none of services may be utilised in any way to generate SPAM (UCE Unsolicited Commercial E-Mail). Use of your email account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. We currently do not allow P2P on our network.
Izwi's uncapped ADSL and uncapped wireless accounts will never be capped. However, our uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If your intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage is affecting other users on our network's internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individual's abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service.
You can read more about the Acceptable Use Policy here .
Fair Use Policy (applicable to all Uncapped services)
The usage is monitored on a rolling 10 day period and does not reset at the beginning of each month. All service options are Unshaped. Should usage remain less than 80% of the average user for each product, the service will remain unaffected. However, should individual usage exceed 80% of the average user for each product, then the first level of moderation will be implemented, moving the service to a Shaped service. Shaping or moderation is implemented via download throttling and user relative priority control will first be applied to all file sharing protocols. Should usage remain above the 80% average threshold, additional shaping will be managed via manipulation of throttling and priority control. The 4096 Lite is managed at 50% of the average and is designed for light users who still require high speed access to the internet.
Copyright
Izwi's 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.
We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken from the Internet Service Provider's Association, our governing body.
Payment Options & Debit Orders
Accepted Payment may be made via Debit Order (Bank Draft). Unless otherwise specified all hosting and Internet access services are payable in advance except for VoIP Services. Izwi ‘s debit orders are processed once a month, on the first working day of each month. Should a customer's monthly debit order return as rejected for any reason, a rejection fee of R130 excl. vat will incur and this will immediately be billed as a separate invoice.
Upon signing up with Izwi, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any top up invoices generated for Internet connection, as well as traffic or disk overuse invoices that are created for hosting. As all invoices are automatically emailed immediately after they are generated, it is the client's responsibility to contact Izwi should they have any queries relating to an invoice upon receipt thereof.
Responsibility & Domicile
Izwi takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
This website is governed by the laws of South Africa and Izwi chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Disclaimer
Izwi at its sole discretion, may choose to change the terms, conditions and operation of this website at any time without notice. This includes the occasional adjustment of our pricing allowing for the notification of our clients within 21 days, increase of pricing related to FNOs (Fibre Network Operators) and or FTTH (Fibre to the Home) Services will be excluded from the notice period due to the erratic behavior and communication of these operators.
Non Payment on Overdue Invoices
All invoices - unless otherwise indicated are due COD, or by the first of each month - as all monthly services are billed in advance for the upcoming month. Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client's profile, and a penalty fee of R130.00 excl. VAT will be added to the invoice amount. Should we receive no response with regard to outstanding invoices, the account will be handed over to our listing agency - Accountability. The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment to Izwi. Should payment not be received after the 30 days, the account holder will be blacklisted for non payment.
It is the responsibility of the client to ensure that Izwi has their updated details, and this is available for each client to view in their client area. It is also the responsibility of the client to be in contact with Izwi to arrange for payment before the account is handed over.
Technical Support & Call Out Charges
Our hosting and Internet access platforms already provide clients with detailed statistics of usage. Sometimes clients find it difficult to understand that they are using such a large amount of overuse. If a client is unable to resolve the issue using the tools at their disposal and they would like Izwi to investigate further, our Support team will be able to assist on this matter at a charge rate of R 600 excl. vat per domain / account. Charges will not be applied should there be a system fault on Izwi's side.
Izwi charges call out fees to go onsite. Please contact us for the latest pricing.
Transfer Requests Outside Office Hours
If a client wishes to transfer a domain out of office hours, the following policy applies: 1. The client must make sure the domain and all related services are paid up to date. 2. The incoming ISP must get confirmation in writing (e-mail is fine) that the accounts department will accept the transfer.
If the above procedure has not been followed after hours (emergency personnel) will be unable to help. Please note that all outgoing domain transfers are automated. If your domain or any of the related services are not paid up to date the domain transfer will be automatically declined. Manual override can only be done during office hours.
Transfer tickets are only accepted once the cancelation for the specific hosting product has been requested online in the client area by the client, and in accordance with Izwi's 30 day notice period for hosting product cancelations.
Termination of Service
Izwi operates on a standard one full calendar month notice period for the cancellation of any services, applicable across all Fibre Network Operators (FNOs). To ensure your service is cancelled at the end of your desired month, your cancellation request must be submitted and received on or before the last day of the preceding month.
Important Note:
Weekends and Public Holidays: Our cancellation
system and deadlines apply strictly to calendar days. If the 1st
of the month falls on a weekend or a public holiday, this does
not grant an extension to the next business day.
Any cancellation request received on or after the 1st of the
month will only take effect at the end of the following
calendar month.
Termination: Examples & Late Submissions
Examples of how the Calendar Month Notice works:
If you wish for your service to end on 31 March, your
cancellation notice must be submitted by no later than 28
February (or 29 February in a leap year). The calendar month
notice period will run from 1 March to 31 March, and your last
day of service will be 31 March.
Late Submission:
If you submit your cancellation on 1 March (or any day
thereafter), the calendar month notice period will only begin on
1 April. Your service will remain active, and you will be billed
for both March and April, with your last day of service being 30
April.
Procedures & Contract Terms
The General Terms of Service of this agreement commences on the live Date and will continue indefinitely, subject to termination by either party on 1 (one) calendar months prior, following our online cancelation procedure.
Cancellations are accepted by completing an online cancellation request in the customer client area. Clients are required to provide a full one calendar month's written notice for cancellation of any service.
Clients currently in a fixed-term agreement (such as a 24-month contract) must honour the remaining term of the contract, unless otherwise agreed in writing. Cancellation requests received during the fixed-term period will only take effect at the end of the contract term unless early termination terms are applicable and agreed.
Special Note: Clients with services contracted for enterprise services via helios and liquid are subject to a 90-day notice period after completion of the initial term of service, as per their specific contract terms with Izwi.
Additional Fees on Cancellation
On registering for a Fibre to the Home or Business Service, the client must select an installation type:
Free Option - Includes free Wi-Fi Router, free installation/migration/re-activation and setup. A cancellation fee of R2 875 for FTTH or R5 175 for FTTB applies when a client decides to cancel or migrate their service when this option is chosen.
Paid Option - Includes Wi-Fi Router, free installation/migration/re-activation and setup. The hardware is the property of the client. There is no cancellation fee for the installation if this option is chosen.
A full one calendar month's written notice is required for the cancellation of any service, regardless of the installation type chosen.
Support Procedures & SLA
Izwi has standard procedures for obtaining technical support and escalations. Clients are requested to log a ticket when experiencing difficulties. Methods for logging tickets are: 1. By logging into your client portal and logging a ticket. 2. Sending an e-mail to support@Izwi.co.za 3. Phoning our help line on 010 500 1414.
The following time periods are applicable with regards to our support structure: Within 24hrs - emergency maintenance to Izwi infrastructure; Within 72hrs - snag list resolution; Within 4 working days - maintenance and call out jobs / large site installations; Within 14 working days - client standard installations. These times do not include weekends or public holidays.
Izwi's Contact Details
Physical Address: Unit 13 Tygervaley Chambers
2, Belvile
Postal Address: Private Bag x34, Suite 200,
Somerset West, 7129
Office Number: +27 (010) 500-1414
Email: info@izwi.co.za