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Masterhoster – Terms and Conditions
                                                                                                                                                

Definitions
Contention Ratio Means how likely that you share your Line speed with other people
Asymmetrical when your upload is slower than your download
Symmetrical when your download and upload is the same
FTTH Fiber to the home
F.U.P Fair Usage Policy

Equipment and Software
Except for Equipment that you have fully paid for, all Equipment installed or provide by us remains our property and you agree that: you will take responsible care with such Equipment; you may not sell, lease, mortgage, transfer, assign or encumber such Equipment; you may not re-locate such Equipment without our knowledge and permission; you will inform any landlord that such Equipment is owned by Masterhoster CC and therefore not subject to any landlord’s hypothec; and you will return such Equipment to us at your own expense upon termination of the services to which the Equipment related. If such Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the reasonable value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment. You authorize us and our representatives to enter or have access to your premises as reasonably necessary, at mutually agreed upon times, to install, maintain, inspect, repair or remove the Equipment or to maintain, investigate, protect, modify or improve the operation of our services or our facilities.

Wireless standard Bronze, Diamond & Advance (Asymmetrical
Wireless standard Bronze, Diamond & Advance Uncapped Internet is subject to fair usage policy (F.U.P). The fair usage is calculated based on the speed of the line. Once you reach the fair usage limit, your line speed will be reduced. Additional data can’t be added, but the product can be upgraded. When your F.U.P is reached, your account will be downgraded to 50%

 

Speed

F.U.P Monthly Usage

2Meg

    300 Gig

4Meg

 400 Gig

6Meg

 500 Gig

8Meg

 600 Gig

10Meg

700 Gig

15Meg

850Gig

20Meg

1000 Gig

 

Uncapped Wireless Internet Contention Ratio’s
Wireless Standard Bronze Uncapped has a 1:20 contention.
Wireless Standard Diamond Uncapped has a 1:10 contention.
Wireless Advance Uncapped has a 1:10 contention.
Wireless Uncapped 50% Standard & Advance has a 1:1 contention.

Fiber to the home
All on the FTTH accounts are 1:1 contention ratio. All off net FTTH accounts are “as is” and “up to” 10.1 contention ratio.

Indemnity
You hereby unconditionally and irrevocably indemnify Masterhoster CC and agree to indemnify to hold Masterhoster CC harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and when so – ever arising, suffered or incurred by Masterhoster CC as a result of any claim instituted against Masterhoster CC by a third party (other than you) as a result of (without limitation): your use of our services or products other than as allowed or prescribed in the Agreement; any other cause whatsoever relating to the Agreement or the provision of services or products to you where you have acted wrongfully or failed to act when you had a duty to so act.

Acceptable use
Masterhoster CC service may only be used for lawful purposes. The subscriber is prohibited from transmitting unlawful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind. The subscriber may not engage in conduct that would constitute a criminal offense, infringe on third party rights, give rise to civil liability or violate any local, or international statute, rule, regulation, or treaty. The service may not be used to upload, post, reproduce or distribute, any material protected by copyright or any other intellectual property right without first obtaining the written permission of such right holder. The subscriber shall be prohibited from engaging in the transmission of unsolicited advertising, chain letters and junk mail — “spamming”. Users undertake not to attempt to degrade the service provided by Masterhoster CC or any other Internet Service Provider by means of software, hardware or other means. Participation in any of the aforementioned prohibited activities by the subscriber shall be cause for locking of and/or cancellation of the subscriber’s account at the discretion of Masterhoster CC without notice to the subscriber.

Commencement, Duration, Termination
The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled.

Fixed Term Agreements
You may cancel the agreement either on the expiry of the fixed period or on at least 30 business day’s written notice to Masterhoster CC at any time prior to the expiry of the Initial Fixed Period.

Payment
Billing will commence on the activation date and client will be billed pre-paid. You agree to pay all amounts due under this agreement in consideration for a service or product in accordance with the application form under which that service is rendered or that product is offered. To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way of a direct debit order in favor of Masterhoster CC (drawn against a current banking account nominated by you), or in such other manner as Masterhoster CC may from time to time determine. You agree that: Masterhoster CC will be entitled and authorized to draw all outstanding amounts payable in terms of the agreement, repairs and equipment from the account specified by you (or any other bank or branch to which it may be transferred); the debit order will commence on the activation date and will continue and not be revoked until termination of this agreement or until all amounts due and owing to Masterhoster CC have been fully and finally discharged; you will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause. Your first bill may be for part of a month and you will be charged for the number of days left in the month in which you signed up or switched over, plus the subscription for the next month.

Amendment of this agreement
Masterhoster CC reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

General
The parties acknowledge and agree that this agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this agreement not incorporated in this agreement shall be binding on the parties. No changes or cancellation of this agreement by you, including any changes to the application form will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service. You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law. You warrant that as at the date of signature of the application form, all the details furnished by you to Masterhoster CC are true and correct and that you will notify Masterhoster CC in the event of any change to such detail.

Support procedures
Masterhoster CC has standard procedures for obtaining technical support and escalations.
Sending an e-mail to support@masterhoster.co.za
Phoning our help line on 060 980 0668/017 004 0088
Support Hours: Weekdays from 7am – 5pm and 7pm – 9pm. Weekends WhatsApp Support.

Wireless services – Speeds available
Please note that all Wireless services require a clear line of sight to our nearest tower in order to be effective. These services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed. Variations may exist and if this is the case, we recommend downgrading to a slower package for stability. If you need a dedicated link please contact the office and we will gladly assist you. Masterhoster CC will use reasonable endeavors to make its services available to its Subscribers, and to maintain the availability thereof for use by its Subscribers. However, we provide the services “as is” and “as available” and we do not make any express or implied representations or warrant or guarantee the quality or security of the services or that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.

Security Violations
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates. IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Masterhoster CC (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:

 

  • Unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses,
  • Hacking, attacking, gaining access to, breaching, security of any host, network, server,
  • Personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
  • Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
  • Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal protocols
 

                                                                               

 ANNEXTURE

This agreement will apply to all personal information as defined in the Protection of Personal Information Act, 4 of 2013. (POPI)

1)      Masterhoster Operator Agreement with clients

1.1)            By either Party submitting personal information to the other, the disclosing party unconditionally and voluntary consents to the processing of the personal information for any and all purposes related to this agreement.

1.2)            Each party shall not process, disclose or use personal information except for

1.2.1)      To the extent necessary for the provision of services and or products under the agreement or;

1.2.2)      To fulfil their obligations under the agreement;

1.2.3)       As otherwise expressly authorised by the other party in writing;

1.2.4)      As required by law

1.3)            Master Hoster will not use any subcontractors for the purpose of processing personal information except for debit order payments, QR payments and risk assessment reports all done by Netcash. Netcash terms and conditions: https://netcash.co.za/legal-page/

1.4)            The Parties shall ensure that any personal information that is processed by it in the course of its obligations shall be in accordance with POPI.

1.5)            Each Party shall not use, process, store, transfer or permit access to any personal information across the borders of South Africa without the written consent of the other Party.

 

2)      Security

1.1)            As required by POPIA, Master Hoster will use reasonable security measures to ensure the security of personal information. This includes consistent assessment of security threats, identifying and implementing safeguards to protect against threats to security and confidentiality.

1.2)            Master Hoster uses a third party, Netcash, for debit orders and online payments. Terms and conditions for Netcash is available on the following link: https://netcash.co.za/legal-page/

1.3)            The client will be required to setup and maintain adequate security procedures and standards as advised by Master Hoster from time to time from the commencement date onwards. This includes the necessary antivirus and firewall protections software programs, physical security of information including authentication and encryption.

1.4)            The Parties shall immediately bring to each other’s attention of the other Party of any breach or attempted breach of security which it becomes aware of. Either Party may fully investigate such breach or attempted breach and the other party shall give its full cooperation to such an investigation. The Parties shall immediately upon detecting a breach or attempted breach, take necessary, at each Party’s own expense, steps to prevent a recurrence thereof and to mitigate effects of such breach.

1.5)            Master Hoster will from time to time advise Clients on the minimum requirements to use master Hoster services. These include minimum specifications related to computer hardware, computer software and telecommunication services and other electronic equipment which clients must have in order to use master Hoster services.

 

3)      Confidentiality

3.1) Each Party shall not disclose any personal information to any third party without the prior written consent in each instance, other than to the extent required by the Regulator or as required by Law (including subpoena, discovery demand or similar compulsory process).

3.2) In the event of such consent provided by either Party for access to personal information to a third party such consent must be done in accordance with POPI.

 

4)      Consent to Investigation into Credit records

4.1) The Client and its principals hereby consent to Master Hoster conducting a credit enquiry in respect of the Client as well as the principals in their personal capacity.

4.2) Any Information gathered by Master Hoster both initially and during the term of this agreement and after the termination of this agreement relating to the manner in which the Client has performed (or not performed) in meeting its obligations may be transmitted to other credit grantors for the purpose of making risk management decisions and the Client hereby consents to this.