Terms and Conditions
For any questions or notices, please email legal@siteessence.co.za
General
In circumstances of the Consumer Protection Act, 2008 (“the CPA”) applying 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.
This is an agreement between you and Site Essence regarding your use of Site Essence’s 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”)
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.
Acceptable Use Policy
- By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
General and Acceptable Use
- 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.
- We reserve the right to sell a maximum of 5 internet services to the same customer, any more than this may be allowed at our discretion but the customer is then automatically deemed a Reseller.
Unacceptable Use
- 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.
- Site Essence’s 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 authorisation, 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”, “Warez Sites”, “Irc Bots”, etc.
- Due to the nature of a shared web hosting environment, Site Essence 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.
- The Site Essence 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.
- Site Essence 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.
- 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.
- 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.
- Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Site Essence fully and strictly reserves its rights in this regard.
Interpretation
- 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. Site Essence reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
System and Network Security
- 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. Unauthorised access, use, probe, or scan of a system’s 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 email 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
- 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 distribute, advertise or promote products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
- It is contrary to Site Essence’s 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 Site Essence-provided server, or using a Site Essence-provided server as a maildrop for responses;
- 14.4. To falsify user information provided to Site Essence or to other users of the service in connection with use of a Site Essence service.
Determination of a breach of this policy
- Site Essence will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
Consequences of a Breach of This Policy
- When Site Essence becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Site Essence will initiate an investigation (within 24-48 hours). During the investigation Site Essence may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, Site Essence may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Site Essence reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such a violation is a criminal offence, Site Essence will notify the appropriate law enforcement department of such a violation.
- Site Essence does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
- You shall be held liable for any and all costs incurred by Site Essence as a result of your violation of these terms and conditions. This includes, 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 unauthorised bulk mailings and/or news server violations.
- First violations will result in a Cleanup Fee of R1500, and your account will be reviewed for possible immediate termination.
- A second violation will result in a Cleanup Fee of R3500 and immediate termination of your account.
- The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Site Essence personnel must spend to investigate any violations.
Modification
- Site Essence 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.
- Site Essence reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Reporting Network Abuse
- Any party seeking to report any violations Site Essence’s policy may contact via email: legal@siteessence.co.za.
Website Take-Downs
- 25. All queries related to website take-downs may be directed to the Internet Service Providers’ Association (ISPA), which Site Essence 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
Fibre Service Terms
PLEASE NOTE: These product or service-specific terms and conditions must with our General Terms and Conditions, which will always apply to your use of this product or service.
Note that these terms apply only to Site Essence’s Fibre product and will not cover any line rental terms.
Definitions
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these Site Essence Fibre Service Terms, the following order of precedence shall apply: (i) these Site Essence Fibre Service Terms; and (ii) the General Terms and Conditions.
In these Site Essence Fibre Service Terms:
AUP means Site Essence’s Acceptable Use Policy, which forms part of our General Terms and Conditions or which can also be found in our Acceptable Use Terms and Conditions.
“Fibre Line” means a Fibre To The Home or Fibre To The Business line.
“Fibre Network Operator” means an entity responsible for deploying, managing and maintaining Fibre optic networks.
“Free-To-Use” means it is provided by Site Essence at no extra cost when you sign up. If you cancel or switch providers, you may need to return it or pay a fee. You could still be charged for internet service and other fees.
“FTTB Service” means the provisioning of the FTTB service that enables you to send and receive data and email, and access to the Internet using a FTTB Line provided by the FTTB Installer.
“Service Fee” means the amount which we will charge you for the Fibre Service selected by you.
Signing Up and Coverage
- You pay one bill to Site Essence for your Fibre Service and Fibre Line rental.
- If you do not have an existing Fibre Line Site Essence or one of its approved installers will get the line installed. If you have an existing Fibre Line but have signed up with another ISP, you will need to cancel with such ISP before we can provide you with our Fibre Services. You can transfer your existing Fibre Line to Site Essence, under which circumstances you indemnify Site Essence against any damages or penalties which may arise from the termination of your agreement with any other ISP or Fibre provider for the Fibre Service or the installation of the Fibre Line.
- Before any installation can occur, we will need to verify that you have Fibre coverage at your premises. Should you not have Fibre coverage we cannot provide you with a Fibre Line or any Fibre Service.
- An installation fee may be payable by you for the installation of the Fibre Line. You will be advised of this fee prior to installation should such fee be applicable.
Billing
- You will pay Site Essence for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed.
- If you signed up or switched over to the Fibre Service in the middle of any calendar month, your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the Service Fee for the following month.
- Unless otherwise indicated in these Site Essence Fibre Service Terms payment will be effected as per the General Terms and Conditions.
- You are required to have a Fibre line in order to make use of the Fibre Service.
- The Fibre Service is not available everywhere. You are responsible for installing the Fibre line before you subscribe to the Fibre Service.
- If not provided by Site Essence, you need to obtain your own Fibre router or network switch.
- You may choose to upgrade or downgrade your Fibre Service.
- We may charge an additional fee for re-grading. You will be responsible for the payment of applicable re-grade fees.
Fibre Pre-Requisites
- You are required to have a Fibre line in order to make use of the Fibre Service.
- The Fibre Service is not available everywhere. You are responsible for installing the Fibre line before you subscribe to the Fibre Service.
- If not provided by Site Essence, you need to obtain your own Fibre router or network switch.
Concurrency
You will only have one Fibre connection to the Fibre Service at any given time.
Regrading (Upgrades/Downgrades)
- You may choose to upgrade or downgrade your Fibre Service.
- We may charge an additional fee for re-grading. You will be responsible for the payment of applicable re-grade fees.
Faults
All faults may be logged through our Support Line or on the Site Essence portal. Where a technician is required to attend to a fault and the Fibre Line Installer determines that a fault was caused by you, you will be responsible for any applicable call-out fees.
Installation And Cabling
Installation is based on the Fibre Line Installer’s standard installation. The equipment used and cable distance can change from time to time as determined by the Fibre Line Installer. Additional cabling requirements will be billed separately.
Site Essence are fully reliant on the integrity of the data/connection provided by the Fibre Network Operator. At times, this may result in a service not being able to be delivered on the specific Fibre Network Operator.
Disclaimer
We may use or rely on upstream providers to provide the Fibre Service or certain portions thereof. We accordingly provide the Fibre Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider’s network.
AUP
All our products are offered subject to the conditions contained in our AUP. By using our products, you agree to be bound by the terms and conditions of our AUP.
Premium, Fully Insured Free-to-Use Fibre Router:
Our premium Fibre routers are exactly that – free to use for as long as you are with Site Essence and using the relevant service. If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging.
- You will have 20 days from the time your service is deactivated (turned off at the end of your months’ notice) to return the router.
- We will send you a reminder on day 10 if we have not yet received your router.
- If we do not receive your router back from you within the 20-day router-return period, you will be billed for it, and it will become your own.
- Remember to include your name and Site Essence customer code when returning your router.
- No router returns will be accepted after 20 days have elapsed from the time that your account was deactivated.
- All courier costs involved in returning the router are for your own account.
- You will be charged the original retail value of the router.
- Routers are inspected on return. If any components are missing (PSU or cables, etc.) the client will be charged for the replacement of these components.
- When your router becomes your property, it will no longer be insured by Site Essence, and we will not accept responsibility for any damage or defaults to the router.
Service Level Agreement Promise (SLA Promise)
If you have chosen a Fibre Network Operator that carries the SLA promise and we have not gotten you installed and activated within the service level agreement timeframe given, then we will credit your account with R999. This excludes the following scenarios in which case you will not receive the credit:
- You’re in an area where Fibre isn’t readily available yet (pre-order areas).
- Your order is associated with “Moving Homes”
- If you are switching to Site Essencefrom another ISP.
- If your order is in an area where the Fibre infrastructure has not been deployed in full, eg. A multi-dwelling unit requiring body corporate approval.
- Cancelled orders.
- Delays caused by the customer such as not answering the installer’s or Site Essence’s calls, not meeting the scheduled installation day and time, not being available within the 14-day period for installation or requesting an extension of the installation date.
- Fibre installations or activations being delayed as a result outside of Site Essence’s control.
- When there are delays caused by public holidays and/or the Fibre Network Operator freeze periods during December and January.
Installation And Connection Penalty Fees:
- Site Essence is fully reliant on the integrity of the data/connection provided by the Fibre Network Operator. At times this may result in a service not being able to be delivered on the specific Fibre Network Operator.
- We reserve the right to charge you the full installation and connection fees should you cancel within 12 months from the date of activation. The penalty fees may be disregarded if the service is active with Site Essence for longer than 12 consecutive months. Installation and connection fees may differ based on Fibre provider, purchased date and line speed.
- Please note that even if you already had an ONT installed before ordering with Site Essence, the Fibre Network Operator might still charge us an installation and connection fee, and as result we will need to include this in the clawback fee if you cancel in your first 12 months of service.
- The cancellation processing fee does not have a time frame associated to it, i.e. it is charged regardless of how long the service was active for. The 12-month rule for standard clawbacks is not applicable.
Important: If you are with a Fibre Network Operator that has a cancellation processing fee applicable (e.g., Vumatel or Frogfoot), the above penalty fees will not apply to you. Should you cancel on the applicable Fibre Network Operator, you will be liable for a R999 cancellation processing fee which can be paid upon cancellation or upfront when placing your order.
Non-Payment Of Invoices
- Please note, in the event that an invoice is not paid by the due date, your service will be suspended, and we reserve the right to cancel your Fibre line with the underlying Fibre infrastructure provider.
- In the event that you reconnect / re-activate your account after it has been cancelled, you will be charged any reconnection fees which the underlying Fibre Network Operator may charge us to reconnect your account.
- Payment of outstanding fees by EFT/Bank deposit is not recommended for outstanding fees as this can take several days to reflect in your account and you may still be suspended. We recommend using the “Pay Now” function in your Customer Area to make an immediate payment.
- Cancellation due to non-payment will be billed any clawback or cancellation fees applicable to the service.
- Site Essence is not liable for the payment gateway website and services and shall not be liable to you or any third party for any loss or damages or problems in respect of the payment gateway service or website and you indemnify Site Essence against all claims from third parties in this regard.
- If you are moving to a new service with Site Essence, and you cancel your current service, there may be connection fees applicable for your new service. These will be clearly displayed to you in the selection pane when you place your order.
Previous ISP Claw Back Fees
In the event that you have moved to us from another ISP and we paid their claw-back fees on your behalf, and you decide to cancel your service with us within 12 months of activation (or your account falls into arrears) you will be charged for these fees. These fees may differ according to who your previous provider was and which infrastructure provider services your area.
Vumatel Fibre To The Business (FTTB) Cancellation Processing Fees
We cover all installation and connection fees when you order one of our Vumatel Fibre-To-The-Business (FTTB) packages. Should you decide to cancel within 12 months of activation, your cancellation processing fee will be calculated as follows:
(12 months – the number of months your service has been active) X your recurring service fee.
Example: If you have a 20/20Mbps FTTB service and have been active for six months, then it will be (12 months – 6 months) X R1729 = R 10374
Cancellation Processing Fees
- If you are on a Fibre Network Operator that has a cancellation processing fee applicable, standard installation clawback fees will not be applied. Should you cancel on the applicable Fibre Network Operator, you will be liable for a R999 cancellation processing fee which can be paid upon cancellation or upfront when placing your order.
- Cancellation processing fee would apply whether the client opts to cancel or if Site Essence cancels the service for non-payment or other reasons.
Indemnity
Site Essence is not liable for actions and/or omissions of the Fibre line Installer and shall not be liable to you or any third party for any claim or loss or damages or problems in respect of, caused by or arising from the Fibre line installer in relation to exercising any provision of the Fibre line provider’s Fair Usage Policy and you indemnify Site Essenceiu against all losses, damages or claims from third parties in this regard.
Fixed Wireless LTE Service Terms
PLEASE NOTE: These product or service-specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
Definitions
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these Site Essence LTE Service Terms the following order of precedence shall apply: (i) these LTE Service Terms; and (ii) the General Terms and Conditions.
In these Site Essence LTE Product Terms:
“Blacklist” means the disablement, by electronic or other means, of your SIM Card and/or Modem or whatever other mechanism you utilise to connect to the internet, thereby preventing the unauthorized use thereof.
“Booster” means the additional amount of data added to your Data Bundle, as selected by you from time to time, once the Data Bundle has been depleted.
“Data Bundle” means the data package specifying the amount of data selected by you and available to you per calendar month plus any Carry Over Period, if such Carry Over is applicable to your selected Service.
“Fixed Location” means the specific physical address and/or location selected by you within the Network Coverage area, as specified by you when you complete the Application Form during the sales process.
“Free-To-Use” means it is provided by Site Essence at no extra cost when you sign up. If you cancel or switch providers, you may need to return it or pay a fee. You could still be charged for internet service and other fees.
“IMEI Number” means the international mobile equipment identity number unique to and used to identify your mobile phone and/or Router.
“Initial Fixed Period” means the period selected during the sales process, and indicated on the Application Form which will commence on the Activation Date.
“Modem”or “Router” means the compatible modem or device which is required to access the Network in order to connect to the internet.
“Monthly Access Fee”or “Subscriber Number” means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service.
“MSISDN”or “Subscriber Number” means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service.
“Network” means the mobile cellular electronic communications network operated by the Network Operator.
“Service” means the Internet Service provided to you in terms of this Agreement.
“Service Charges” means the different fees for the Service as recorded in Payment section below.
“SIM Card” means your subscriber identity module card (incorporating an ICC-ID and MSISDN), which bears your MSISDN and enables you to access the Network.
“Support Line” means our dedicated WhatsApp Support Line, available 365 days a year; and
“TELKOM” means Telkom Service Provider Company Pty Ltd, which supplies access to the Network.
The Service and Site Essence’s Obligations
Site Essence will:
- procure the delivery of the Modem and/or SIM Card to you;
- provide you with the Service selected by you on the order during the sales process;
- make a Support Line available to you;
- bill you for the Service, where applicable;
- collect the Service Charges from you, where applicable; and
- promptly upon notification from you, lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card.
We will engage with the Network Operator to take reasonable measures to ensure that the Service is available on a continuous and consistent basis, but we cannot guarantee a continuous and fault free Service, and as such the Service is provided “as is” and we shall not be liable for any loss suffered by you due to inconsistency or delay in the Service. The Service is only available at the Fixed Location within the range of base stations that make up the Network. The quality and availability of the Service may sometimes be affected by factors outside our control or the control of the Network Operator, including but not limited to:
- local physical obstructions;
- bad weather;
- radio interference;
- the features or functionality of your particular equipment or goods;
- the number of people trying to use the Network at the same time; or
- transmission links and other network hardware failure;
- if 5G service is unavailable, the router may automatically switch to 4G LTE-Advanced to maintain connectivity.
The Network Operator provides coverage maps and uses its best efforts to show the extent of the Network Coverage, however the coverage maps are not a guarantee of the quality of service or Network Coverage as it may at times vary from place to place.
Subscription to the Service is subject to the availability of the Network Coverage at the Fixed Location. The Service is only available to you at the Fixed Location, and you will not be able to use the Service on a mobile or a roaming basis. Should you relocate, we cannot guarantee that the Service will be available at your new location and we will not be liable to you in any way, in the event you want to use the Service at any location other than the Fixed Location.
We will provide you with the Modem and SIM Card required to access the Network.
Your Obligations:
- You require an internet enabled compatible device, a Modem and a SIM Card to use the Service. The Modem and SIM Card must be compatible with the Network and technical requirements to provide the Service. In order to ensure that you are able to access the Service correctly to enable us to support you from a technical level, you must also obtain the Modem and SIM Card required to enable the Service from us, and by subscribing to this Service you also accept responsibility to pay the once-off Service Charges for the said Modem and SIM Card aforesaid.
- You are responsible for the Modem, SIM Card, device and the activities done through the internet service from the point of delivery.
- The Service will automatically be Activated within 24 (twenty-four) hours from (a) the time of delivery of the Modem and SIM Card to you; or (b) confirmation that you provided the RICA information as per our RICA process, whichever time occurs last.
- In the event of loss or theft of your Modem and/or SIM Card, you will request us to Blacklist your Modem and/or SIM Card. This process may require you to report the theft or the missing item to the South African Police Service and to obtain a case number.
- You must immediately notify us of the theft, loss, damage to or destruction of your SIM Card. Upon notification your liability hereunder will be limited to payment of the Monthly Access Fee relative to the SIM Card for the remainder of the Initial Fixed Period or Renewal Period, as the case may be.
- You agree and consent that we may use and make your information available to the Network Operator to maintain a comprehensive and accurate database of our Subscribers, to investigate suspected fraudulent activities, investigate complaints, and for such other purposes as we may require in order to give effect to our obligations under the Agreement and the agreement with our Network Operator.
- The end user of the Service must be a natural person with a genuine intention to use the Service on an ongoing basis.
Monitoring Usage
- We do not guarantee the efficiency of any monitoring service, and you remain responsible for the monitoring and controlling of your usage of the Service. We accordingly do not accept any liability or responsibility for any damage or loss you may suffer if you deplete and/or exceed your Data Bundle and/or Booster.
- We may impose usage limits in order to improve the overall customer experience and ensure optimal network performance in accordance with our Fair Usage Policy (FUP)
- You are entitled to upgrade to a higher internet traffic package offered as part of the Service at certain times during the Initial Fixed Period or a Renewal Period, subject thereto that you agree to the terms and conditions applicable to such new package from time to time.
- Unless you agreed to a contract and/or package that does not allow downgrades, you may downgrade to a lower internet traffic package, provided that such downgrade is not done within the first 3 (three) months immediately following the Activation Date and subject thereto that you agree to the terms and conditions applicable to such new package from time to time. A downgrade may attract a variable penalty fee, please contact us to verify such penalty fee.
Equipment
- We or the Network Operator, reserve the right, without cost or penalty to ourselves, to vary or alter any name, code, number, SIM Card and MSISDN relating to or used in connection with the Service offered to you. You may not tamper or permit tampering with the SIM Card or IMEI Number or any branding thereon.
- All rights of ownership attached to your MSISDN and SIM Card shall at all times remain vested in the Network Operator.
- Risk and the responsibility for the Equipment, Modem and/or SIM Card will pass to you on delivery thereof and you will be liable for the costs of replacing same.
- In the event that you have selected a fixed term contract all rights of ownership attaching to the Modem will vest with us during the Initial Fixed Period or the Renewal Period, as the case may be. Upon the expiry thereof, as the case may be, or in the event that you have a month to month package and paid in full for the Modem, ownership of the Modem, but excluding the software contained in the Modem (the use of which is licensed to you by the Network Operator), will pass to you provided that you have made payment in full of all amounts of whatsoever nature due by you to us.
Payment
You will be liable for payment of the following Service Charges:
- The charge for the Modem, SIM Card and connection to the Network – this is a once-off charge.
- Monthly Access Fee (under which your Modem and Data Bundle is pro-rated) – you will be billed for this monthly in advance.
- Call charges or usage charges (including Out of Data Bundle usage) – you will be billed for data and call charges in respect of any other services (for example SMS’s) monthly in arrears based on your usage.
- When you exceed your Data Bundle, you may be able to purchase additional data on an ad-hoc basis by way of a Booster. The Booster purchases will be billed monthly in arrears.
- Where applicable, a Booster will be valid for 30 (thirty) days from the date of purchase whereafter it will expire whether you used all the data purchased or not.
- The Service Charges include value-added tax (VAT) which shall be borne and paid for by you.
- The Monthly Access Fee in the first month of subscription will be pro-rated where the Service is not Activated at the beginning of the calendar month.
- Site Essence may, in the event that you fail to make payment of any amount due to us by you, or in the event of suspected fraudulent activity (and irrespective of whether ownership in the Modem has passed to you), Blacklist your Modem and/or your SIM Card, or suspend or terminate the Service, as a result of which you will not be able to access the Network. We furthermore reserve the right to levy a reasonable charge for the Blacklisting or removal of your device/modem from the Blacklist. Such charge will be due and payable by you within 30 (thirty) days of the date of our tax invoice.
Site Essence will not be liable for any claim or liability of whatsoever nature arising from fraudulent or unauthorised use of the Service and/or the Blacklisting of your Modem and/or SIM Card as provided for in this section.
Premium, Fully Insured Free-to-Use LTE Router:
Our premium LTE routers are exactly that – free to use for as long as you are with Site Essence and using the relevant service. If you cancel your service you will be billed for your router, or you may return it to us in its original condition, in its original packaging.
- You will have 20 days from the time your service is deactivated (turned off at the end of your month’s notice) to return the router.
- We will send you a reminder on day 10 if we have not yet received your router.
- If we do not receive your router back from you within the 10-day router-return period, you will be billed for it, and it will become your own.
- Remember to include your name and Site Essence customer code when returning your router.
- No router returns will be accepted after 10 days have elapsed from the time that your account was deactivated.
- All courier costs involved in returning the router are charged to your own account.
- You will be charged the original retail value of the router.
- When your router becomes your property, it will no longer be insured by Site Essence, and we will not accept responsibility for any damage or defaults to the router.
Site Essence reserves the right to recall this once-off credit should you cancel your service within 12 months of activation of your SIM-only LTE service. The credit recall will be disregarded should your service be paid and active with Site Essence for longer than 12 months from activation.
LTE 7-Day Return Policy:
- If cancellation is requested after 7 days have lapsed from the day of activation, our standard calendar months’ notice period will apply.
- Please note that the R200 once-off delivery and connection fee is not refundable and will not be refunded.
- Please note that Telkom does not currently offer this 7-day returns policy.
Fair Usage Policy
The Fair Usage Policy (FUP) forms part of a binding agreement between you the customer, and Site Essence for as long as you make use of Site Essence’s services.
General Fair Usage Conditions
- We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules may result in your service being restricted, suspended or terminated, in our reasonable discretion.
- We reserve the right to manage our network and any IP Services and/or network services, for security purposes, and in order to optimise its efficiency for the benefit of all our 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 your use. We may take any other action we deem appropriate in order to help ensure the security of our network and IP Services and to help ensure the integrity of the network experience for all Subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
- We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best-effort service.
- We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
- You 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 our network, 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 or uncapped packages, options or promotions.
- You may not use the service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
- Unless you subscribe to a business packages and you are permitted in terms of such business package, you may not use any services for anything other than your own personal use and you 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, you cannot provide Internet access to others through a dial-up, ADSL or any other connection, host shell accounts over the Internet, provide email or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.
Legal:
The User undertakes to use Site Essence’s services in accordance with any restrictions imposed under the following legislation:
- Electronic Communications and Transactions Act 25 of 2002;
- Electronic Communications Act 36 of 2005;
- Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003
All cases of violation of the above Fair Usage Policy should be reported to abuse@siteessence.co.za
Please note:
Site Essence reserves the right to amend the Fair Usage Policy (FUP) as necessary. This is to ensure optimal performance across our network for the majority of uncapped customers.
Voice (VOIP) Terms and Conditions
PLEASE NOTE: These product or service-specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
Definitions
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these Terms:
“Application Software” means any application software, including Third Party Software, including but not limited to software phones or mobile applications downloaded or used by you to enable you to access the Services.
“Base Product” means our monthly subscription VOIP Service allowing Local Calls, with a limited number of minutes (as subscribed to) available to you for use during the course of a calendar month (“Base Cap”);
“Broadband Internet” means a reliant functional broadband internet connection with sufficient bandwidth and quality to enable you to send and receive quality VOIP communications, including calls, data and email, and to access the internet using a high-speed connection.
“Charges” means the monthly subscription fees, Top-Up charges, porting charges and/or amounts which we will charge you for the Service selected by you, as recorded in your Application Form and/or displayed on the rates sheet on the VOIP Website from time to time.
“Customer Support Line” means our Support Line which is available at the number supplied on our website.
“Discounted Minutes” means any call minutes to which a discount plan applies, being a discount from our standard rates for a certain volume of usage, as may be indicated from time to time on the VOIP Website.
“Local Calls” means VOIP calls, using this Service, to any available South African network number (e.g. such as mobile, landline, VOIP, toll free numbers).
“International Calls” means VOIP calls, using this Service, to any available non-South African or international network number.
“SIP” means the version of Session Initiation Protocol indicated on the VOIP Website from time to time, which is a Voice over Internet Protocol.
“SIP Device” means any SIP compliant device (such as an analogue telephone adapter, router, software phone, mobile application or other compatible device) allowing you to place and receive VOIP communications.
“Service(s)”means the VOIP product or service described more fully below, and as selected by you in your Application Form.
“Third Party Software” means Application Software or any part thereof, owned by third parties, which you use with this Service.
“Time Cap” means your Top-Up will expire after a specific increment of time after purchase thereof as indicated on the VOIP Website from time to time.
“Top-Up” means the process whereby you may top up your Base Cap by (a) purchasing further minutes in increments indicated on our Website from time to time, for making Local Calls (“Local Top-Up”) or by (b) purchasing an International Top-Up allowing you to make International Calls, limited to the amount of Top-Up credit purchased and which usage is based on the international rates indicated on the rates sheet on the VOIP Website from time to time (“International Top-Up”);
“Top-Up Limit” means the limit placed on the number of times that you may (a) purchase a Local Top-Up after depleting your Base Cap minutes during the course of a calendar month, or that you may (b) purchase an International Top-Up to enable International Calls or to Top-Up same after depleting your credit on an International Top-Up purchased;
“use” includes, but is not limited to, accessing the Service and placing and receiving VOIP communications through the Service;
“VOIP” means Voice over Internet Protocol, a technology for delivery of voice and other communications over a data network (like the Internet);
“VOIP Number” means a specific phone number assigned to you for use of the Service, including any number ported from another provider for this purpose; and
“VOIP Website” means the Site Essence VOIP webpages and/or the Site Essence Website products webpages featuring VOIP products and services, currently located at https://www.siteessence.co.za/ or such other webpages as you are informed of from time to time.
Billing
- Unless otherwise indicated in these Terms, payment and billing will be affected as the General Terms and Conditions.
- You will pay Site Essence for any Top-Up, monthly in arrears by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.
- If you signed up, upgraded, downgraded or switched over to the VOIP Service in the middle of any calendar month, and if the upgrade, downgrade or switch takes effect immediately, then your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the subscription fee for the following month.
- Per second billing applies to International Calls as per the rates sheet on the VOIP Website from time to time.
- You will be liable for payment of a porting fee should you port a number to be used as your VOIP Number and this fee will be due immediately but billed against your next statement of account.
The Service
General
- The Service will allow you to place and receive VOIP communications, (such as making or receiving calls, sending or receiving messages) over a data network such as the internet. The features of your specific Service will depend on the selection you make on your Application Form.
- Upon activation of the Service, you will by default be assigned 1 (one) VOIP Number which may be used by you unless you are porting a number to this VOIP Service in which event the ported number will be your assigned VOIP Number.
- If your Base Cap is depleted, you may purchase Local Top-Ups subject to the Top-Up Limit from time to time. There may not be a monthly carryover of your unused Base Cap minutes.
- You may only use the VOIP Service for International Calls if you are subscribed to our VOIP Base Product and have purchased an International Top-Up.
- All Top-Ups will be carried over but will expire after reaching the Time Cap
- International Top-Up will not be available for Local Calls and Local Top-Up will not be available for International Calls.
- It is your responsibility to ensure that you can access and use the Service, whether with regard to equipment (including mobile phone compatibility), internet connectivity or otherwise.
- In order to access and make use of this Service your equipment and software must meet the minimum requirements as may be indicated on the VOIP Website from time to time, however you require at the very least the following:
- Broadband Internet; and
- a SIP Device; and
- an activated Service.
- The Service will not function during an electrical power failure or Broadband Internet outage, it may not be compatible with certain Broadband Internet services, and it may be impaired if you simultaneously upload or download data and use the Service over the same Broadband Internet connection.
- Access to and quality of the Service depends on various factors, including but not limited to, your location, network coverage, line quality, internet traffic, fluctuations on the internet, your underlying Broadband Internet service, service outages, equipment used by you and configuration thereof, network and firewall configurations, NAT configurations, geographic factors, etc. We do not guarantee, warrant or represent that you will be able to access the Service or the quality of the calls or the clarity of voice.
- The Service is intended for normal residential and/or small business usage, for internal purposes only and you may not resell this Service in any way.
- Normal usage specifically excludes calling behaviour that may be considered as Least Cost Routing Behaviour. As a guideline, Site Essence will consider your calling patterns to be Least Cost Routing Behaviour in any of the following situations:
- Consistent, excessive calling to the same destination(s);
- Should the Service include any Discounted Minutes, the consistent, excessive usage of available Discounted Minutes, to the most expensive bundled destinations.
- Excessive, repetitive and systematic calling (for example: at regular intervals and for regular call lengths).
- Discounted Minutes, if available as part of your Service, can only be used to call specific destinations as indicated on the VOIP Website.
- You will have access to the VOIP Website interface to administer your Service and to view usage related information.
- Although we use reasonable commercial efforts to route communications to those destinations which are indicated on the rates sheet for International Calls from time to time, we cannot guarantee it. Neither can we guarantee that all such destinations or all numbers in those destinations are reachable. We will as far as reasonably possible, make an effort to provide information regarding specific type of numbers which we do not route communications to, available on the VOIP Website.
- Site Essence specifically does not guarantee, warrant or represent that:
- our rates are cheaper than normal telephone calls or any other calls;
- should you use an emergency services number that it will operate correctly and/or that your location will be ascertainable based on your number; or
- all local or international telephone numbers can be called.
- You may terminate this Service in terms of the procedure in our General Terms and Conditions. Any outstanding amounts will be due and payable no later than the effective date of termination.
- Migrating to another VOIP service provider will mean that you terminate your current Site Essence Service. Accordingly, you will first need to settle all outstanding amounts with Site Essence before you can be migrated. In addition, you may lose your VOIP Number(s) and Webafrica does not guarantee that you will be able to retain your VOIP Number in this migration process.
- If possible, to add VOIP Numbers in the selected Service, Site Essence reserves the right at our discretion and at any time: (i) to limit the amount of additional VOIP Numbers you may add to your Service; and/or (ii) to withdraw your right to add VOIP Numbers.
VOIP Number(s)
- The assignment of a VOIP Number to you is subject to usage conditions imposed by ICASA and the Network Operator from time to time on us and you as end-user. In particular:
- VOIP Numbers must be used only in ways that satisfy such usage conditions and in accordance with these Terms; and
- You do not have perpetual rights to use particular VOIP Numbers; and
- ICASA has wide powers, including but not limited to the power to withdraw VOIP Numbers, require barring of VOIP Numbers, changing numbering plans, all of which could result in withdrawal or change of your VOIP Number.
- Accordingly, you shall never become the owner of any VOIP Number and Site Essence can therefore not guarantee the provision, retention or perpetual use of any specific VOIP Number/s to you. You may not sell, lease, transfer, assign or otherwise alienate your rights in respect of the Service or any VOIP Number, and the use of a VOIP Number shall only be for the duration of our provision of the Service to you.
- Although Site Essence will use its reasonable efforts not to withdraw or change any VOIP Number assigned to you, we reserve the right to do so or to otherwise deal with any such VOIP Number from time to time as we deem fit for reasonable commercial purposes including to meet the objectives of ICASA for responsible number allocation and usage conditions or other conditions but subject always to applicable law.
- If the Service is suspended or terminated for whatever reason, any VOIP Number assigned to you may be taken out of use with immediate effect. Such VOIP Number may immediately be lost for use by you and we cannot guarantee that the same VOIP Number will be recovered or reassigned to you again.
- Site Essence does not make any representation of whatever nature that the VOIP Number assigned to you will be reachable from Telkom’s network or from any other telecommunication platforms. Site Essence shall however use its reasonable efforts to ensure that the VOIP Number assigned to you will be reachable by other users of the Service or related services but cannot guarantee it.
- Should any VOIP Number not have been used in communications, other than communications from or to us, for a period of 12 (twelve) months or for such period as otherwise provided for by us or ICASA from time to time, we reserve the right to withdraw your VOIP Number and reassign it, without notice to you. This requirement is in order to meet the objectives of ICASA for responsible number allocation and usage.
- Should we allow you to transfer an existing VOIP Number to us or to release a VOIP Number to your new service provider – in order for you to retain an existing VOIP Number (“porting”) – such porting will be subject to industry agreed processes and procedures as well as legal and regulatory rules and guidelines. As such we do not guarantee that porting will be allowed or be possible. If porting is allowed you will have to follow industry agreed processes, specifically our as well as your new service provider requirements, including in the event that you port out, (i) ensure that all Charges are paid up to date including any disconnect fees; and (ii) ensure that the Service is properly terminated if the VOIP Number ported out is the only VOIP Number assigned to you for use with the Service.
- A request to port the VOIP Number out shall be deemed to be a notice by you to terminate the Service as the Service must at least have 1 (one) VOIP Number assigned to it.
- In the event of porting a VOIP Number your Service may be interrupted in which event you will not be able to make or receive communications as your existing VOIP Number you are porting may be disconnected until the port effective date.
- We provide the Service to you for use of the Service within South Africa. Although the Service may be accessible as you travel, on the same basis and at the same rates and charges as when used in South Africa, if it is used by you from another country, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so.
- A geographic VOIP Number indicates a specified geographic area and if such VOIP Number is assigned to you it may be subject to certain restrictions, including but not limited thereto that it may only be used in such specified area. It is your responsibility to ensure that you know in which geographical area such VOIP Number may be used as the Service may not be available or may be terminated if the geographic VOIP Number is used otherwise.
- Subject to limitations allowed in law, Site Essence and/or third parties supplying Third Party Software will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising from: (i) withdrawal, porting, or change of a VOIP Number, or unavailability of the Service or VOIP Numbers (including geographic or emergency numbers), or your VOIP Number being unreachable, or use of the Service from outside South Africa; (ii) your downloading or use of the Application Software or our withdrawal or revocation of Application Software licenses; (iii) any incompatibility of the Service with your Broadband Internet or SIP Devices; and/or (iv) any damage to your SIP Device and you indemnify Webafrica against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (i) to (iv) above.
Call Forwarding
- Call forwarding will be charged to your account and will make use of your available minutes.
- Call forwarding will be allowed to one number only. This number may be changed at any time. This must be activated via your Customer Zone.
Charges
- For all Local Calls you will be charged a monthly subscription fee, payable in advance.
Regarding International Calls:
- Because there is a wide variation in rates between calling certain destinations, landline numbers and mobile (cell phone) numbers and because of regular change to rates, it is impossible to advise you upfront of all rates and rate changes. Accordingly, the rates and Charges as well as billing information applicable to this Service are indicated on the VOIP Website and its rates sheets and it is your responsibility to review the rates before making communications to ensure that you are aware of applicable rates from time to time.
- Rates per minute vary according to the destination which is called.
- Apart from our Charges you will also be charged for data and services by your Broadband Internet service provider for access to the internet.
- Your usage Charges will be billed monthly in arrears and any monthly subscription Charges will be billed on a pro-rata basis in advance.
- Site Essence will in its discretion impose a Top-Up limit on the Services. The default Top-Up limit may be indicated on the VOIP Website or on the Application Form. Once you have reached your Top-Up limit you will not be able to make outbound calls or use all the features of the Service.
- You will be able to contact the Customer Support Line to enable you to control your overall Top-Up limit provided that it remains within Site Essence’s sole discretion to allow, disallow or impose any increase or decrease to your Top-Up Limit.
Application Software and Licensing
- It is your responsibility to ensure that you are able to install and use the Application Software and that it does not conflict with and is compatible with any of your other software and/or equipment.
- Application Software shall remain the sole and exclusive property of Site Essence or the relevant authors, owners or licensors thereof (“Proprietors”) and intellectual property rights, are and shall remain with Webafrica or the relevant Proprietors.
- Site Essence or the relevant Proprietors grants to you a limited, non-exclusive license to use the Application Software solely for the purpose of receiving the Services.
- If we provide any Application Software, then it is provided for your convenience only, licenses to use same may be withdrawn, revoked, amended or replaced at any time and you may be required to upgrade to a later version. Depending on the Application Software Proprietors, licenses may allow you to install the Application Software on one (1) or perhaps more devices and have restrictions regarding further downloads or copying. Application Software may be linked to this Service and as such the Application Software may be locked to work with your Number and/or device and/or this Service only. It may be that you may not use it with other services. You may not make any copies of the Application Software unless you obtained prior consent from us or the Proprietors.
- Should the Application Software provided by us not have been used in communications, for a period of 3 (three) months, or for such period as otherwise provided by us from time to time, we reserve the right to terminate the Application Software license with immediate effect without notice to you. In such event you will not be able to use it further with this Service.
- You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Application Software, or extract or attempt to extract source code from the object code of the Application Software. The Application Software is licensed as a single product, and you may not separate its component parts for any purpose. You may not make any commercial use of the Application Software, whether or not for consideration.
- Upon termination you agree to destroy and remove from all devices all copies of the Application Software provided by us.
- Subject to applicable law you agree that any Application Software will be installed and used by you at your own risk and responsibility.
Affiliate Programme
PLEASE NOTE: These product or service-specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
1. Introduction
These Terms and Conditions govern your participation in the Site Essence Affiliate Programme (“the Programme”). By signing up, you agree to comply with and be bound by these Terms. Please read them carefully before registering.
2. Eligibility
You must be at least 18 years old and reside in South Africa. You must have an active Site Essence account (Personal, Business, or Non-Profit). Site Essence reserves the right to approve or reject any application at its sole discretion.
3. How It Works
Once approved, you will receive a unique affiliate link or code. You can share your link via your website, social media, or email. When a customer signs up or purchases through your link, you earn a commission. Commissions are based on qualifying sales only (excludes refunds, cancellations, or unpaid invoices).
4. Commission Structure
The commission rate will be stated on your affiliate dashboard. Commissions are calculated on the net amount (excluding VAT and discounts). Payments are processed monthly, once your balance reaches R200 or more. Payments are made via EFT to your nominated South African bank account.
5. Restrictions
You may not use your affiliate link for your own purchases. You may not engage in spam, misleading, or false advertising. You may not use “Site Essence” trademarks, logos, or domain names without written consent. You may not promote illegal, adult, or inappropriate content alongside your link. You may not manipulate referral systems or create fake accounts.
6. Termination
Either party may terminate this agreement at any time with written notice. Site Essence reserves the right to withhold commissions if fraudulent or unethical activity is detected. Upon termination, you must remove all Site Essence promotional materials and links.
7. Commission Reversals
Commissions may be reversed if a referred customer cancels or requests a refund within 30 days, payment for the referred sale fails or is later disputed, or if the affiliate violates these terms.
8. Taxes
You are responsible for reporting and paying any taxes arising from affiliate earnings according to South African law.
9. Limitation of Liability
Site Essence shall not be liable for indirect, special, or consequential damages arising from your participation in the Programme. We make no guarantee of earnings or performance.
10. Modifications
Site Essence reserves the right to modify or update these Terms at any time. Affiliates will be notified of any changes via email or dashboard notice. Continued participation constitutes acceptance of the updated Terms.
By joining the Site Essence Affiliate Programme, you confirm that you have read, understood, and agreed to these Terms and Conditions.
Domains & Hosting
PLEASE NOTE: These product or service-specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
1. Definitions
“Services” refers to domain registration, transfers, DNS management, shared hosting, email hosting, SSL certificates, and related products. “Client Data” means all files, content, emails, and information stored by the client. “Registrar” refers to the authority responsible for specific domain extensions. “Billing Cycle” means the monthly or annual invoicing period. “Server Resources” include disk space, CPU, RAM, and bandwidth allocated to the client.
2. Eligibility
Clients must be 18+ and capable of entering a legal agreement. All information provided must be accurate and current. Verification documents may be requested for security or compliance.
3. Domain Registration, Renewal & Transfers
Domain registration is subject to availability and registrar approval and is not guaranteed until payment is made. All domain fees are strictly non-refundable. The client is solely responsible for ensuring timely domain renewal. Failure to renew may lead to suspension, auction, or permanent loss. Transfers may take up to 72 hours depending on registrar policies. Site Essence is not liable for domains lost due to late payment or registrar enforcement.
4. Website Hosting Services
Hosting is provided on shared infrastructure unless otherwise specified. While we aim for high uptime, it cannot be guaranteed due to network or technical events. Clients may not upload content or run software that disrupts servers, violates laws, or infringes intellectual property. Website maintenance (including WordPress updates) is the client’s responsibility. Site Essence may suspend hosting due to malware, phishing scripts, or server abuse.
5. Email Hosting
Email hosting is included depending on the client’s selected package. Delivery of emails cannot be guaranteed due to external spam policies and third-party filters. Correct configuration of devices is the client’s responsibility. Site Essence is not responsible for lost emails caused by device issues or incorrect setup.
6. Payment, Billing & Account Status
All services are billed in advance. Unpaid services may be suspended immediately when the invoice becomes overdue. Accounts unpaid for more than 30 days may be permanently deleted along with all data, with no recovery possible. Prices may change due to market conditions or registrar adjustments. Fraudulent chargebacks may lead to immediate termination.
7. Cancellations
Clients may cancel at any time via written request. No refunds are issued for unused time, domain registrations, or renewals. Cancelling hosting does not cancel domains; each service must be cancelled separately.
8. Backups & Data Protection
Backups are performed on a best-effort basis. Clients are strongly advised to maintain their own independent backups. Site Essence is not liable for data loss, corrupted backups, or failed restore attempts.
9. Security & Client Responsibilities
While Site Essence implements security measures, no system is completely secure. Clients must use strong passwords, update software regularly, and secure their devices. Site Essence is not responsible for breaches caused by outdated software, weak passwords, or compromised devices.
10. Acceptable Use Policy
Services may not be used for fraud, phishing, malware, illegal streaming, copyright violations, hate speech, or child exploitation. Spamming or unsolicited bulk email is strictly prohibited. Accounts violating the AUP may be terminated immediately without refund.
11. Limitation of Liability
Site Essence is not liable for indirect or consequential damages including loss of revenue, downtime, loss of data, or loss of domain ownership. Liability is limited to the total amount paid by the client in the 90 days preceding the claim.
12. Indemnification
You agree to indemnify and hold Site Essence harmless from any claims, damages, or legal expenses resulting from your use of our services or violation of these Terms.
13. Suspension & Termination
We may suspend or terminate services for non-payment, policy violations, illegal activity, malware distribution, or server abuse. Reinstatement fees may apply.
14. Service Changes & Modifications
Site Essence reserves the right to modify or discontinue any service, pricing, or features. Where reasonable, notice will be provided to clients.
15. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes fall under South African jurisdiction.
Disclaimers and Limitation of Liability
- 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.
- 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 information or services(s) provided under this Agreement;
- 27.6. loss or liability resulting from the interruption of your Service.
- 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.
- Subject always to the provisions of the CPA, to the extent that it is applicable, Site Essence’s 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. Site Essence expressly disclaims any representation or warranty that the Site Essence services will be error-free, secure or uninterrupted.
- No oral advice or written information given by Site Essence, 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.
- Site Essence 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.
- The terms of this Section will survive any termination of this Agreement.
Responsibility for Content and Account Holder Indemnitities
- You agree to indemnify and hold Site Essence harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Site Essence will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
- You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Site Essence 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 Site Essence’s then current Acceptable Use Policy, in the sole and absolute opinion of Site Essence.
- Site Essence will not change passwords to any account without proof of identification, which is satisfactory to Site Essence, 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 Site Essence will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Site Essence be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Site Essence from any and all Claims arising from such ownership disputes.
- You agree to indemnify and hold harmless Site Essence and any other Account Holder from any and all Claims resulting from your use of the services provided by Site Essence. The terms of this Section will survive any termination of this Agreement.
- You agree not to harm Site Essence, its reputation, computer systems, programming and/or other persons using Site Essence’s services.
- The terms of this Section will survive any termination of this Agreement.
Variation of Services
- You agree that Site Essence may establish limits concerning use of any Site Essence service offered on the Site Essence website, including without limitation the maximum number of days that email messages will be retained by any Site Essence service, the maximum number of e-mail messages that may be sent from or received by an account on any Site Essence service, the maximum size of an email message that may be sent from or received by an account on any Site Essence service, the maximum disk space that will be allotted on Site Essence’s servers on your behalf either cumulatively or for any particular service. You agree that Site Essence has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Site Essence service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or the existence of any Site Essence service may change at any time.
- Site Essence reserves the right to select the server for your website for the best performance. You understand that the services provided by Site Essence 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 your 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 Site Essence has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.
Non-Transferability of Services
- Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Site Essence.
Passwords
- 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 Site Essence services, including any damages resulting there from, until you notify Site Essence’s customer service.
- 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 Site Essence
Assignment of IP Addresses
- If Site Essence assigns you an Internet Protocol address in connection with your use of the Site Essence services, the right to use that Internet Protocol address will remain with and belong only to Site Essence, and you will have no right to use that Internet Protocol address except as allowed by Site Essence in its sole and absolute discretion.
- In order to preserve Internet Protocol version 4 (IPv4) addressing resources due to the global shortage thereof, Site Essence’s consumer-based internet services may make use of Carrier-Grade Network Address Translation (CGNAT), where a Customer’s router is assigned a non-globally routable private IPv4 address and outbound internet traffic is translated to a shared pool of public IPv4 addresses. Whilst Site Essence does make use of the latest network infrastructure in an effort to mitigate limitations experienced while using CGNAT, due to the inherent nature of the technology itself we are unable to guarantee that all locally hosted services within a Customer’s network will function as intended. Some such affected services may include but are not limited to, locally hosted web and mail servers, CCTV camera streaming services and other services reliant on globally accessible static ports.
- Should you want a static IP option, we can provide you with one at an additional cost on all Fibre services. Customers are only permitted one connected session per given username. Please note that static IPs are not available on LTE/ADSL services.
General Provisions
- This Agreement constitutes the entire agreement between you and Site Essence with respect to the Site Essence services and supersedes all prior agreements between you and Site Essence. Site Essence 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 website on a regular basis in order to determine whether any amendments have been made. Any use by you of the Site Essence services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
- Site Essence’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
- 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.
- 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 a 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,
- 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).
- You consent to the jurisdiction of the South Africa courts.
- The Site Essence services are provided from Pretoria, South Africa, and this Agreement is deemed to have been entered into at Pretoria.
- 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.
Site Essence Billing Terms
General
- Site Essence will provide you with an itemised bill/invoice in your Customer Zone, or where it is specified as part of your service.
- Accounts are due on the invoice presentation date (“Due Date”), shown on all invoices received by Site Essence, unless agreed otherwise. Site Essence retains the right to impose, subject to a notice period of seven business days, a credit limit on any of its customers as and when it sees fit.
- Some of the Site Essence products and services are billed pro rata if the product is ordered before the end of the month.
- Site Essence will provide a service as chosen by you, for the period (“the term”) corresponding with the payment plan specific to you, or as otherwise specified in the product terms and conditions supplied by Site Essence. This contract will automatically be renewed at the end of the term and each successive renewal term – unless terminated.
- Although the agreement between the customer and Site Essence is not a credit agreement as contemplated in the National Credit Act, 34 of 2005, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that Site Essence may utilise the information provided by you. This includes your personal information and can request and receive information about you and your credit record (“Assessment Information”) from registered credit bureaus, to determine whether you will be able to meet your obligations under the intended Agreement. Site Essence will be entitled to decline to activate a product or service that you apply for if Site Essence reasonably determines that you may not be able to meet your commitments under the Agreement.
Site Essence is entitled to perform these assessments each time you apply for a service or product.
The consumer protection provisions of the Electronic Communications and Transactions Act, 2002, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper-based transactions, e.g., where you apply for a service or product by completing an Application Form in writing.
Effect of Non-Payment
- In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Site Essence has in terms of this Agreement or in law, Site Essence reserves the right to hold you liable for the total amount due according to such invoice.
- Interest of 2% per month may be charged on all overdue accounts.
- Site Essence 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.
- 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.
- If you pay the amount due in full, you may have their existing services reactivated and also purchase new services.
- If you neglect to pay the amount due in full, Site Essence 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.
- If you neglect to pay the amount due in full, Site Essence 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.
- In the event of suspension due to non-payment, Site Essence 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.
- 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.
- 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
- Site Essence only accepts payments via debit order and credit card. Site Essence accepts MasterCard and VISA.
- A processing fee of R50.00 (including VAT) is charged on all returned debit orders.
- 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
- Each of Site Essence’s 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.
- Site Essence will only refund a customer in the event of their account having a credit balance.
- Site Essence will process authorised refunds to customers each Wednesday and Friday.
Cancellations
- Cancellations must be done using the Customer Zone.
- Please note that by default, we require one full calendar month’s notice 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 à la carte services.
- 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.
- Cancellation processing fees might be applied to certain Fibre Network Operators, such as Vumatel for example. You will be liable for the R999 cancellation processing fee should you cancel at any time on an applicable Fibre Network Operator.
- If you are on a Fibre service that didn’t have a cancellation processing fee applicable when you signed up, and we covered the installation/connection fees, you will be liable for clawback fees if you cancel within 12 months of activation.
Downgrades
- Downgrades must be done using the Customer Zone.
- We require notification of downgrades on or before the 20th of each month, 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 the rate for the existing package in the following month.
- Please note that you may be liable for a regrade (if you’re moving to a lower-priced package) processing fee to cover the fees that Fibre Network Operators charge Internet Service Providers for regrades.
Dispute Resolution
General Dispute Resolution
- The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings and in accordance with the various dispute resolution procedures provided.
- In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except Billing disputes: You are required to direct a general complaint to feedback@siteessence.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 Site Essence 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, Site Essence 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
- 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.
- Please note that under the ICASA Code of Conduct Regulations 2008, you must allow us to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
- ICASA can be contacted in the following ways:
- 56.1 telephone (011) 568 3988/ 3000/ 3001
- 56.2 fax (011) 568 3444 or
- 56.3 email: consumer@icasa.org.za
- 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 Procedure
- This Procedure sets out the obligations of Site Essence 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.
- Site Essence’s Billing Dispute Handling Procedure is intended to serve both the Customer and Site Essence’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
General
- 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 Site Essence by the Due Date of the Invoice.
- 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 Site Essence 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 our WhatsApp LiveChat line (simply add 0877 298 200 as a contact on your phone and send us a WhatsApp) or accounts@siteessence.co.za. Complaints are dealt with under the Site Essence Complaints Handling Procedure and can be sent to feedback@siteessence.co.za.
- Please note that Site Essence 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 Obligation to Use This Procedure
- As a current or prior Customer of Site Essence, you agree to allow Site Essence to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Site Essence requires that you agree that it will be the first option in Billing Disputes. Should Site Essence receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Site Essence has been given a chance to resolve the issue, Site Essence has the right to collect on the rendered services and any fees associated with those disputes.
- 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, Site Essence still retains the right to collect on any rendered services or fees that are due. Should Site Essence be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Site Essence will submit the full delinquent amount for Collections.
Period within which Billing Disputes can be initiated:
- 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:
- You may only withhold payment of a Disputed Amount where Site Essence 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
- A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
- 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
- Under the ICASA Code of Conduct Regulations, Site Essence is required to acknowledge receipt of your complaint within 3 Business Days.
- Site Essence 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 Site Essence 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 Site Essence 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 Site Essence 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 Site Essence 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 Site Essence
- 97.9 A determination of the Billing Dispute and the reasons for such determination.
Referral to Senior Management
- If you are not satisfied with Site Essence’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) Site Essence within 3 Business Days of receiving Site Essence’s 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 Site Essence 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 Site Essence 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 Site Essence will have no further obligations in relation to the Billing Dispute.
Resolution, Agreement or Determination
- If stipulated under Site Essence’s 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.
- If stipulated under Site Essence’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that Site Essence must withdraw the disputed charge or refund a disputed charge previously paid, Site Essence must as soon as practicable:
- 99.1 If stipulated under Site Essence’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that Site Essence must withdraw the disputed charge or refund a disputed charge previously paid, Site Essence must as soon as practicable:
- 99.2 Credit any Disputed Amount already paid by you.
- 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 Site Essence will have no further obligations in relation to the Billing Dispute.
Effect of Procedure on Continued Service Provision
- Site Essence 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 Site Essence has reached a determination and communicated this to you.
- 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.
- 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 Site Essence shall continue to have the right to terminate or suspend the service in accordance with Site Essence’s rights under the agreement that you have with Site Essence.
Confidentiality
- 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
- Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
- 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
- Should you wish to dispute realm charges, you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
- 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
- Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
- 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
- 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.
- ICASA can be contacted in the following ways:
- 112.1 telephone (012) 568 3988/ 3000/ 3001
- 112.2 fax (012) 568 3444 or
- 112.3 email: consumer@icasa.org.za.
Use of Account Holder information for promotional purposes
Site Essence may include your name and contact information in directories of Site Essence’s service subscribers for the purpose of promoting the use of the services by additional potential customers. However, Site Essence is not authorised to print your name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.
