Standard Terms and Conditions for Ovation Internet
Description of Service
Ovation Internet will provide the party specified as Subscriber in the application form (“Subscriber”) with hosting facilities at a location it deems suitable and internet connectivity via the Telkom network or other network providers.
Terms and Conditions to Prevail
These terms and conditions shall, when read together with Subscriber’s application form and any schedule or annexure attached thereto, constitute the whole agreement between Ovation Internet and Subscriber. In the event of any conflicts arising between these terms and conditions on the one hand and the application form or any schedule or annexure on the other hand, then, unless a contrary intention clearly appears, these terms and conditions shall prevail.
Use of Information
Ovation Internet conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. Ovation Internet values the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA).
By using the Website, you acknowledge, agree and consent to Ovation Internet and our suppliers, or any person authorised on our behalf, using your personal information, for any purpose necessary for you to use the Website, or for Ovation Internet to render any service to you via the Website.
Duration of Terms
The provision of the Service shall endure on a monthly basis subject to termination by Ovation Internet or Subscriber by way of one calendar month prior written notice of termination unless specified under contract.
Fees and Charges
Ovation Internet has the right to suspend services due to overdue accounts until fully paid.
Ovation Internet reserves the right the charge their clients for extreme bandwidth usage. If the cost of usage exceeds the monthly subscription, Ovation Internet reserves the right to invoice the customer accordingly.
Ovation Internet shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Subscriber to increase the monthly charges.
Ovation Internet reserves the right to charge clients for cancellation of fibre services.
Failure to comply with these Terms and Conditions regarding payments and fees for all services will result in legal action. All legal costs will be added to the outstanding balance.
Subscriber’s Obligations
Subscriber may not commit nor attempt to commit any act or omission which directly or indirectly:
damages in any way to Ovation Internet’s technical infrastructure or any part thereof constitutes abuse or the malicious misuse of the Service.
Subscriber accepts that any misuse of the Service, will entitle Ovation Internet to terminate the Service.
Should Ovation Internet incur any expenses to remedy any consequences arising from the above, Ovation Internet reserves the right to charge Subscriber any amount that is necessary to cover the reasonable additional expenditure incurred by Ovation Internet.
Warranties
Ovation Internet does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of the network infrastructure or the Service or its suitability for any purpose, whether that purpose is notified to Ovation Internet or not. Without derogating from the generality of the foregoing, Ovation Internet does not warrant or guarantee that the Service will be operational and available at any particular times during a certain period and Subscriber acknowledges that there are various factors that may cause downtime to the Service.
Without limitation, Ovation Internet does not guarantee that the information transmitted by and/or available to Subscriber by way of the Service; will be preserved or sustained in its entirety; will be suitable for any purpose; will be free of inaccuracies or defects or bugs or viruses of any kind, and Ovation Internet assumes no liability, responsibility or obligations in regard to any of the foregoing exclusions.
Exclusion of Liability
Except as otherwise expressly provided herein to the contrary, Ovation Internet shall not be liable to Subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising from the use of the Service or this agreement (including the consequential or incidental loss or damage such as without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings).
The subscriber indemnifies and holds Ovation Internet harmless against any damage, loss or matter arising from or connected with the equipment irrespective of the cause of such claim. Subscriber shall have no claim or right against Ovation Internet in respect of or arising out of the equipment, the use, or failure thereof or any defect therein or damage caused thereby.
Ovation Internet shall not be liable for any damage or loss arising from the loss of any of Subscriber’s information, the loss or corruption of any data or the incompatibility of any of Subscriber’s hardware, software or applications with those of Ovation Internet, save for damage or loss caused by willful conduct or gross negligence by Ovation Internet.
Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Service is provided, the provision of the Service may be suspended from time to time with the giving of 48 hours notice by Ovation Internet whenever reasonably possible and all liability on the part of Ovation Internet for any loss or damage of whatsoever nature and/or howsoever arising thereby incurred or for any costs, claims or demands of any nature arising therefrom, is excluded.
Domain Registrations
For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
Protection of Minors
Ovation does not offer paid content subscription services to minors without written permission from a parent or guardian.
The following sites have useful information or programs for protecting minors from problematic online content.
- Comparitech: Protecting Children’s Privacy – A Guide for Parents, Carers and Educators
- GetNetwise: Educating parents and children about how to use the Internet safely
- KidShield: Tools and information to create a safety net for your children online
- Mobilebroadband: index to resources for Internet Safety for Kids
- NetSafe: the website of the Internet Safety Group of New Zealand
- SafeKids.com: Making your family’s online experience fun and productive
- WiredSafety.org: the world’s largest Internet safety and help group
