Terms, Conditions &
Legal Notices
All policies and product-specific terms governing your use of Site Essence services. These apply to all accounts and products.
General Terms & Conditions
These terms govern your use of all Site Essence products and services. Product-specific terms must always be read together with these general terms.
Agreement & Scope
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 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 (AUP)
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 accessed 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 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 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:
- Unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic.
- Interference with service to any user, host or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- 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:
- 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.
- To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients.
- 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.
- 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 & Consequences
Site Essence will be the sole arbiters and have sole and unfettered discretion in determining what constitutes a violation of this Policy.
When Site Essence becomes aware of an alleged violation of its AUP, 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. If such a violation is a criminal offence, Site Essence will notify the appropriate law enforcement department.
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, including attorney fees and costs resulting from clean-up of unsolicited commercial mailings and/or unauthorised bulk mailings.
| Violation | Consequence | Fee |
|---|---|---|
| First violation | Cleanup fee + account review for possible termination | R1,500 |
| Second violation | Cleanup fee + immediate account termination | R3,500 |
| Investigation | Per hour of Site Essence personnel time | Up to R1,500/hr |
Modification & Reporting Network Abuse
- 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.
- Any party seeking to report any violations of Site Essence’s policy may contact via email: legal@siteessence.co.za
Website Take-Downs
All queries related to website take-downs should be directed to Site Essence directly via email at legal@siteessence.co.za. We will assess and action take-down requests in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002.
Fibre Internet Service Terms
These product-specific terms must always be read together with our General Terms and Conditions. They apply only to Site Essence’s Fibre product and do not cover line rental terms.
Definitions
- AUP — Site Essence’s Acceptable Use Policy, which forms part of our General Terms and Conditions.
- Fibre Line — A Fibre To The Home or Fibre To The Business line.
- Fibre Network Operator — An entity responsible for deploying, managing and maintaining Fibre optic networks.
- Free-To-Use — 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 — 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 — 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.
- 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 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.
- 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.
Fibre Pre-Requisites, Concurrency & Regrading
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, Installation & Cabling
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 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.
Premium, Fully Insured Free-to-Use Fibre Router
Our premium Fibre routers are 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 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 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 (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:
- 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 Essence from another ISP.
- If your order is in an area where the Fibre infrastructure has not been deployed in full, e.g. 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.
- Delays caused by public holidays and/or the Fibre Network Operator freeze periods during December and January.
Installation & 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.
- 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 a 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.
Vumatel FTTB Cancellation Formula
We cover all installation and connection fees when you order one of our Vumatel FTTB packages. Should you cancel within 12 months of activation:
Fee = (12 months − months active) × monthly service fee
Example: 6 months active on a R1,729/mo plan = (12 − 6) × R1,729 = R10,374
Non-Payment of Invoices & Previous ISP Clawbacks
- 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.
- 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.
- 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.
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. You indemnify Site Essence against all losses, damages or claims from third parties in this regard.
Fixed Wireless LTE Service Terms
These product-specific terms must always be read together with our General Terms and Conditions.
Definitions
- Blacklist — 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 — 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 — 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 — 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 — 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.
- IMEI Number — The international mobile equipment identity number unique to and used to identify your mobile phone and/or Router.
- Initial Fixed Period — The period selected during the sales process, indicated on the Application Form, which will commence on the Activation Date.
- Modem / Router — The compatible modem or device which is required to access the Network in order to connect to the internet.
- Monthly Access Fee / Subscriber Number — The unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service.
- MSISDN / Subscriber Number — The unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service.
- Network — The mobile cellular electronic communications network operated by the Network Operator.
- Service — The Internet Service provided to you in terms of this Agreement.
- Service Charges — The different fees for the Service as recorded in the Payment section below.
- SIM Card — Your subscriber identity module card (incorporating an ICC-ID and MSISDN), which bears your MSISDN and enables you to access the Network.
- Support Line — Our dedicated WhatsApp Support Line, available 365 days a year.
- TELKOM — 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.
- Promptly upon notification from you, lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card.
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.
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.
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.
- 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 & Upgrades/Downgrades
- 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, 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 due by you to us.
Payment & Service Charges
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 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. 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, or in the event of suspected fraudulent activity, Blacklist your Modem and/or your SIM Card, or suspend or terminate the Service. 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.
Premium, Fully Insured Free-to-Use LTE Router
Our premium LTE routers are 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 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 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 month’s 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 (FUP)
The Fair Usage Policy 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.
LTE Speed Tiers
Our LTE products are uncapped — you will never run out of data. After your high-speed allocation is reached, your connection steps down through the following tiers and resets at the start of each billing month.
| Package | Full-speed limit | Step 2 | Remainder of month |
|---|---|---|---|
| 10 Mbps — R350/mo | 100 GB @ 10 Mbps | 20 GB @ 4 Mbps | Unlimited @ 2 Mbps |
| 20 Mbps — R599/mo | 500 GB @ 20 Mbps | 50 GB @ 4 Mbps | Unlimited @ 2 Mbps |
| 30 Mbps — R699/mo | 600 GB @ 30 Mbps | 50 GB @ 4 Mbps | Unlimited @ 2 Mbps |
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.
- 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: 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 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 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.
- 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 package and 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. You may not run a server (including game servers), provide network services to others, or run servers for mail, http, ftp, irc or multi-user interactive forums.
Legal Obligations & Applicable Legislation
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 to ensure optimal performance across our network for the majority of uncapped customers.
Voice (VoIP) Terms and Conditions
These product-specific terms must always be read together with our General Terms and Conditions.
Definitions
- Application Software — 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 — 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 — A reliable functional broadband internet connection with sufficient bandwidth and quality to enable you to send and receive quality VOIP communications.
- Charges — 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 — Our Support Line which is available at the number supplied on our website.
- Discounted Minutes — Any call minutes to which a discount plan applies, being a discount from our standard rates for a certain volume of usage.
- Local Calls — VOIP calls, using this Service, to any available South African network number (e.g. mobile, landline, VOIP, toll free numbers).
- International Calls — VOIP calls, using this Service, to any available non-South African or international network number.
- SIP — Session Initiation Protocol, a Voice over Internet Protocol.
- SIP Device — 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) — The VOIP product or service described more fully below, and as selected by you in your Application Form.
- Third Party Software — Application Software or any part thereof, owned by third parties, which you use with this Service.
- Time Cap — 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 — The process whereby you may top up your Base Cap by (a) purchasing further minutes for making Local Calls (Local Top-Up) or (b) purchasing an International Top-Up allowing you to make International Calls, limited to the amount of Top-Up credit purchased (International Top-Up).
- Top-Up Limit — The limit placed on the number of times that you may purchase a Local Top-Up or an International Top-Up per calendar month.
- VOIP — Voice over Internet Protocol, a technology for delivery of voice and other communications over a data network.
- VOIP Number — A specific phone number assigned to you for use of the Service, including any number ported from another provider for this purpose.
- VOIP Website — The Site Essence VOIP webpages currently located at siteessence.co.za.
Billing
- Unless otherwise indicated in these Terms, payment and billing will be effected as per 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 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.
- If your Base Cap is depleted, you may purchase Local Top-Ups subject to the Top-Up Limit. 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. At the very least you require: Broadband Internet; 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.
- The Service is intended for normal residential and/or small business usage, for internal purposes only. You may not resell this Service in any way.
- Normal usage specifically excludes calling behaviour that may be considered as Least Cost Routing Behaviour, including: consistent excessive calling to the same destination(s); excessive usage of available Discounted Minutes to the most expensive bundled destinations; and excessive, repetitive and systematic calling at regular intervals and for regular call lengths.
VOIP Numbers
- The assignment of a VOIP Number to you is subject to usage conditions imposed by ICASA and the Network Operator from time to time. VOIP Numbers must be used only in ways that satisfy such usage conditions and in accordance with these Terms.
- You do not have perpetual rights to use particular VOIP Numbers. ICASA has wide powers, including but not limited to the power to withdraw VOIP Numbers, require barring of VOIP Numbers, and change 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.
- 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 from time to time as we deem fit for reasonable commercial purposes.
- 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.
- Should any VOIP Number not have been used in communications, other than communications from or to us, for a period of 12 (twelve) months, we reserve the right to withdraw your VOIP Number and reassign it, without notice to you.
- 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 that it may only be used in such specified area.
Number Porting
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 need to follow industry agreed processes, specifically our as well as your new service provider’s requirements.
- In the event that you port out, ensure that (i) all Charges are paid up to date including any disconnect fees; and (ii) the Service is properly terminated if the VOIP Number ported out is the only VOIP Number assigned to you.
- 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 and you will not be able to make or receive communications until the port effective date.
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 numbers, and because of regular change to rates, it is impossible to advise you upfront of all rates and rate changes. The rates and Charges applicable to this Service are indicated on the VOIP Website and it is your responsibility to review the rates before making communications.
- 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. 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 Site Essence 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.
- 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.
- Should the Application Software provided by us not have been used in communications for a period of 3 (three) months, we reserve the right to terminate the Application Software license with immediate effect without notice to you.
- 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.
- Upon termination you agree to destroy and remove from all devices all copies of the Application Software provided by us.
Domains & Hosting Terms
These terms apply to domain registration, web hosting, and email hosting products offered by Site Essence.
Domain Registration
Domain names are registered on behalf of the customer through accredited registrars. The customer is the registrant of record. Site Essence is not responsible for the availability of any specific domain name.
Domain renewal is the customer’s responsibility. Site Essence will send renewal reminders, but non-payment may result in domain expiry and loss of the domain name.
Shared Web Hosting
Shared hosting is intended for personal and small-business use. It is not suited to large-scale enterprises or applications where a dedicated server would be more appropriate.
Site Essence reserves the right to ask customers to upgrade or correct issues on their shared hosting package if it adversely affects network or server performance for other hosting customers.
Shared hosting disk space may only be used for content hosting, email, and relevant web files. Use for torrent boxes, proxies, or any other non-web purpose is strictly prohibited.
Email Hosting
Email hosting is provided as part of web hosting packages or as a standalone service. Customers are responsible for their email content and must comply with the General AUP, particularly regarding spam.
Site Essence implements spam filtering and may quarantine or block messages that are identified as spam or malicious. Site Essence is not liable for legitimate email incorrectly filtered.
Uptime & Backups
Site Essence targets high availability for all hosting services but does not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible.
While Site Essence performs regular backups, customers are advised to maintain their own independent backups of all data. Site Essence is not liable for data loss.
Affiliate Programme Terms
These terms govern participation in the Site Essence Affiliate Programme. Contact us at legal@siteessence.co.za for full programme details.
Programme Overview
The Site Essence Affiliate Programme allows approved partners to refer customers to Site Essence and earn a commission for successful sign-ups. Participation is subject to approval by Site Essence.
Affiliates must not misrepresent Site Essence products, engage in spam, or use deceptive marketing practices. Site Essence reserves the right to terminate any affiliate account found in breach of these terms.
Commissions & Payments
Commission rates and payment schedules are communicated to approved affiliates upon acceptance into the programme. Commissions are only payable on confirmed, active accounts.
Site Essence reserves the right to adjust commission rates with reasonable notice to affiliates. Commissions are forfeited for referred customers who cancel within the minimum active period specified in the programme terms.
Reseller Programme Terms
These terms govern reseller arrangements with Site Essence. Contact us at legal@siteessence.co.za to enquire about becoming a reseller.
Reseller Status
Any customer purchasing more than 5 internet services will automatically be considered a Reseller. Additional services beyond 5 may be permitted at Site Essence’s discretion, subject to a formal reseller agreement.
Resellers are responsible for their own customer relationships, billing, and support, unless otherwise agreed with Site Essence in writing.
Reseller Obligations
Resellers must ensure that all end-customers comply with Site Essence’s General Terms and Conditions and Acceptable Use Policy. Resellers are liable for any breaches by their end-customers.
Resellers may not resell services at rates or under terms that misrepresent Site Essence’s offerings or that would bring Site Essence’s reputation into disrepute.
