1.1. By completing an online or physical registration form the subscriber will enter into an agreement with Cyber Perk. This agreement about the services that the subscriber will receive is governed by these Terms and Conditions.
1.2. Once the subscriber has paid the charges according to these Terms and Conditions, Cyber Perk will give the subscriber the relevant service.
1.3. These Terms and Conditions take precedence over any service provision agreement.
For this agreement:
2.1. “ADSL”, also referred to as broadband, is a form of Internet that is always on and is faster than Dial-Up while still being affordable.
2.2. “Charges” means the charges for any services that must be paid to Cyber Perk.
2.3. “Dial-Up” is the cheapest, most basic form of Internet. It can be used on any computer, but is slow and any phone calls used for Dial-Up Internet will be billed by Telkom.
2.4. “Domicilium”, also referred to as domicilium citandi et executandi, is the address for service and delivery of documents. Documents delivered to this address will be considered received, even if they were never received by the subscriber.
2.5. “Domain name” means the name that a subscriber wants to give to his/her website. A subscriber can register almost any domain name as long as it hasn’t already been registered by someone else.
2.6. “URL” refers to the website address. This starts with http://www and ends with an extension like .co.za, .com, .net, .info, .biz, and so on.
2.7. “Hard-capped” means that when a subscriber’s chosen bandwidth limit is reached, he/she will be cut off from using the Internet for the rest of the payment period.
2.8 “Hosting” is a service that Cyber Perk offers, where they set up virtual housing for a subscriber’s website, somewhere to store all of the content that will be placed on it.
2.9. “Cyber Perk” means Cyber Perk cc
2.10. “Cyber Perk website” refers to the website located at http://www.cyberperk.co.za.
2.11. “Payment period” means the amount of time that a service has been used for and that the subscriber needs to pay for, or the duration of a contract.
2.12. “Per GB” is a form of ADSL that Cyber Perk offers, whereby the subscriber receives a bundle of GB with top-up bundles available.
2.13. “POP traffic” means incoming emails and email traffic to the subscriber.
2.14. “Registration” means completing the registration form (available on the Cyber Perk website) or an offline application process to register for Cyber Perk services.
2.15. “Semi-shaped” means that a subscriber’s Internet is shaped during certain hours and for certain things, and unshaped thereafter.
2.16. “Server” means the Cyber Perk hardware where information is stored.
2.17. “Service” means Internet access, web hosting, website design and/or other services that Cyber Perk offers to the subscriber and are described on the Cyber Perk website or during the registration process.
2.18. “Shaped” means that a subscriber’s connection speed is going to be slow for most transactions with the exceptions of e-mail access, Internet banking and other simple transactions.
2.19. “Soft-capped” means that when the subscriber’s chosen bandwidth is reached, he/she can continue to use the Internet but will be charged for any additional usage.
2.20. “SPAM”, also referred to as Unsolicited Commercial E-mail (UCE) or junk-mail, is mail, often used for marketing purposes, that is not asked for, not wanted, and occasionally contains viruses, worms or Trojans.
2.21. “Subscriber” means the person or company that has registered with Cyber Perk for the service and includes any other person who makes use of the service with the subscriber’s permission.
2.22. “SMTP traffic” means outgoing e-mails and mail traffic from the subscriber.
2.23. “Throttling” means the gradual shaping of an unshaped account because of high or excessive usage of bandwidth on that account
2.24. “Trojan”, also referred to as a Trojan horse, means a program that contains something that harms your computer like a virus or a worm.
2.25. “Uncapped” means ADSL that is not limited by bandwidth, but by connection speed.
2.26. “Unshaped” means that a subscriber’s connection is going to be fast for all transactions that the subscriber makes.
2.27. “Usage” means an unpredictable and changeable part of a service (like web hosting disk space, web hosting data traffic, ADSL data traffic).
2.28. “VDSL” stands for Very high bitrate Digital Subscriber Line and can refer to either the ADSL line itself or the ADSL package attached to the line depending on the context in which it is being used.
2.29. “Virus” means a harmful piece of software that, once opened or accessed by a program, duplicates itself and harms your computer. Once it has been opened, a virus is spread to other computers when it is accessed by those computers or when it is sent to another computer via e-mail.
2.30. “Worm” means a harmful piece of software, similar to a virus, that can be spread quickly over networks without being opened or accessed by any programs.
3. BILLING AND SUBSCRIPTION FEES
3.1. Once the registration is complete, Cyber Perk will activate the subscriber’s account and let him/her use the service according to these Terms and Conditions.
3.2. The subscriber will pay Cyber Perk all amounts due in the way explained in this agreement.
3.3. The subscriber must pay Cyber Perk all charges on time.
3.4. Payments can be made by debit order or any other method approved by Cyber Perk.
3.5. The subscriber can add to, or change (upgrade, downgrade or switch) their services, keeping to this agreement and relevant Cyber Perk policies, by sending a written request to the Cyber Perk Accounts Department by email to email@example.com or by faxing a request to 086 573 5855.
3.6. Before Cyber Perk can activate an account, they need to have the subscriber’s current cheque or savings bank account details, for debit order purposes.
3.7. Unless otherwise explained, when the payment period ends, if Cyber Perk has not been given 20 (twenty) business days’ written notice of termination by the subscriber, he/she will need to pay for another full payment period, as long as Cyber Perk still offers those services.
3.8. On the first day of each month, Cyber Perk will run an automated billing system to recover all amounts due, using the payment details that the subscriber provided. Though Cyber Perk can try to let the subscriber know about upcoming charges when they are asked, it is the subscriber’s responsibility to make sure that the amount due is in the provided bank account whether he/she was told about the charge in advance or not.
3.9. The subscriber understands that it is his/her responsibility to ensure that invoices are received and that all items listed in such invoices are correct.
3.10. A subscriber can contest a non-contract charge from his/her invoice up to twenty-four (24) hours after the invoice has been sent by Cyber Perk. Thereafter, no charges can be reversed or refunded.
3.11. A subscriber can contest a contract charge from his/her invoice within one (1) calendar month of such an invoice being received. Thereafter such charged will be assumed to be correct and cannot be reversed or refunded.
3.12. For contracts that are longer than one month, Cyber Perk will let the subscriber know that the contract is expiring 40-80 business days before it expires.
3.13. Charges cannot be refunded unless this agreement is properly ended by the subscriber, because of a fault on Cyber Perk’s part, or where section 9.3. applies.
3.14. Unless otherwise discussed, should a charge be refunded because of a fault on Cyber Perk’s part, such a refund will not be provided in cash, but will be added as a credit onto the subscriber’s account unless otherwise agreed.
3.15. Services that have fixed-rate or unchanging charges will be billed in advance.
3.16. Services that are charged for usage are billed monthly, after the payment period has ended.
3.17. If a subscriber doesn’t pay a charge, Cyber Perk can suspend all of the services, or part of them, from the date when the payment was due.
3.18. The subscriber will not be able to get any discount, refund or other form of credit for any suspension, interruption or delay of services that happens, or if he/she has used less than the minimum bandwidth than the service requires.
3.19. The subscriber must pay any unpaid amounts at the end of his/her contract, and the subscriber agrees that:
3.19.1. transfers, DNS pointing and/or name server updates on domains connected to the subscriber’s account will not be permitted until such a time as payment has been received by Cyber Perk;
3.19.2. he/she will not have access to any hardware or software that is provided by Cyber Perk on a rent-to-own basis or that is rightfully the property of Cyber Perk until such a time as payment has been received by Cyber Perk; and
3.19.3. the only exception to the above is if this agreement was properly ended by the subscriber, or because of a fault on Cyber Perk’s part.
3.20. If the subscriber chooses to pay for his/her services in advance, a credit will be added to his/her account. The subscriber will continue to receive invoices indicating the payment due and the credit remaining, and such payments will then be deducted from any credit on the subscriber’s account.
3.21. Cyber Perk can change the charge for any service or for a part of any service by giving at least 20 business days’ notice and by drawing attention to those changes on the Cyber Perk website. Notice will be given by email sent to the email address that the subscriber receives after registration. If the subscriber does not agree with the changes, he/she can cancel this agreement at the end of the payment period after giving Cyber Perk 20 business days’ written notice. Cyber Perk will not place any responsibility on the subscriber or any third party should the termination of this agreement occur because of this clause.
3.22. If a debit order or a credit card charge is returned, the subscriber will have to pay an extra R50.00 (fifty Rand) reprocessing fee, excluding VAT.
3.23. Cyber Perk can cancel a subscriber’s service without notice if he/she hasn’t paid for the service within a reasonable amount of time.
3.24. If a subscriber doesn’t follow the payment guidelines explained in this agreement, Cyber Perk can:
3.24.1. refer the subscriber to a collection agency; or
3.24.2. blacklist the subscriber with any or all credit bureau agencies within South Africa. If this happens, Cyber Perk will not be responsible for, or required to help with, removing or cancelling any information that a credit bureau records.
3.25. The subscriber will receive an invoice via email at the beginning of each month. Invoice(s) will be sent to the subscriber’s domicilium.
3.26. In some cases, when a subscriber completes the registration late into the month, a percentage of the normal amount will be charged for the first payment period. For details about the Initiating Service Charges Policy, contact Cyber Perk’s Accounts Department by phone on 044 382 7547 or by e-mail to firstname.lastname@example.org.
4. SERVICE AVAILABILITY
4.1. Cyber Perk will give the subscriber Internet access and access to email, domain services, and/or web hosting according to the choices that the subscriber makes during registration.
4.2. Other services might occasionally be added to the subscriber’s services at no additional cost, and if this happens, Cyber Perk will inform the subscriber about those additional services.
5.1. The subscriber understands that Cyber Perk doesn’t know about, has no control over and doesn’t check the content that the subscriber publishes on a website that is hosted by Cyber Perk. The subscriber understands that hosting or publishing of certain kinds of content could be offensive, unlawful and in breach of Cyber Perk’s codes of conduct, South African legislation (including regulations), common law and the requirements and rules of any regulatory authority. The subscriber also understands that the hosting and publication of certain kinds of content could cause harm to Cyber Perk’s name, goodwill and reputation, as well as that of its affiliates and business partners.
5.2. The subscriber agrees that, if Cyber Perk thinks his/her content is offensive, unlawful or harmful (as explained in section 5.3.) or the subscriber has uploaded and used illegal or harmful software or licences, they can (without taking away from any of their other rights in terms of this agreement):
5.2.1. ask the subscriber to immediately remove the offensive, unlawful or harmful content;
5.2.2. ask the subscriber to immediately change the content;
5.2.3. delete the subscriber’s website from the server without notice; or
5.2.4. remove the subscriber’s access to the website without notice.
5.3. The subscriber agrees that nothing that Cyber Perk does when seeing out any obligations set out in this agreement or in the carrying on of its business in general will be understood as Cyber Perk taking on responsibility for the content of the subscriber’s website or the illegal use of software or licences and their publication, whether Cyber Perk knows that such content is being published or not. The subscriber also indemnifies Cyber Perk and holds it harmless against any liability and any claims by any person for any loss or damage that is suffered because of the hosting or publication of content or software by the subscriber or any other data that is on the subscriber’s website.
5.4. Cyber Perk will make every effort to notify the subscriber about any action taken regarding section 5.4., but does not guarantee that notice will be given to the subscriber before any action is taken.
5.5. Cyber Perk will make every effort to prevent the theft or fraudulent acquisition of any sensitive information in their possession, including subscriber’s usernames, passwords and billing details.
5.6. The subscriber is entirely responsible for preventing the theft or fraudulent acquisition of sensitive information in their possession, including, but not limited to, usernames and passwords that are used to access Cyber Perk’s services.
5.7. The subscriber is entirely liable for any and all charges that come from unauthorised use of the services on their property and/or for the theft or deceitful acquiring of sensitive information in their possession as explained in section 5.6.
6. CESSION, DELEGATION OR ASSIGNMENT
6.1. The subscriber will not give up, assign, delegate or in any other way transfer any of his/her rights and obligations set out in this agreement to another person without first receiving Cyber Perk’s consent in writing.
6.2. Should there be any change in the subscriber’s controlling interest, Cyber Perk will be entitled to terminate this agreement once the subscriber has been notified.
6.3. The subscriber will notify Cyber Perk of any change in his/her controlling interest within fourteen days of such a change taking place.
6.4. Cyber Perk will be entitled to give up, assign or delegate any of their rights or obligations set out in this agreement to an affiliate of Cyber Perk or any third party without the subscriber’s consent.
7.1. The subscriber chooses domicilium citandi et executandi (“domicilium”) for giving any notice, servicing any process and for any other purpose discussed in this agreement at the address given during registration.
7.2. Regarding the delivery of notices to a subscriber’s domicilium:
7.2.1. Any notice sent to an email address or fax number that the subscriber has indicated as his/her domicilium will be considered received, unless proven otherwise, on the first (1st) business day after the notice was successfully sent.
7.2.2. Any notice to a party that is in a correctly addressed envelope and that is sent by prepaid registered post to the subscriber’s domicilium will be considered received, unless proven otherwise, on the seventh (7th) business day after posting.
7.2.3. Any notice to a party that is in a correctly addressed envelope and that is delivered by hand to a responsible person during ordinary business hours at the subscriber’s domicilium will be considered received, unless proven otherwise, on the day of delivery.
7.3. Regarding the changing of domicilium:
7.3.1. Either of the parties can, on occasion, change their domicilium to any other physical address in South Africa (not a post office box) by giving written notice, as long as the change occurs 14 calendar days after the notice has been received.
7.3.2. Either of the parties can, on occasion, change the email address that they have indicated as their domicilium by giving written notice at any time.
7.4. Notice or communication that is, according to this agreement, needed or allowed will only be valid and effective if it is in writing and delivered by hand, post, fax or e-mail.
7.5. The subscriber understands that it is his/her responsibility to ensure that the information that Cyber Perk retains as his/her domicilium is current and up to date. Cyber Perk will only remain responsible for sending notifications to the email address that they have listed as the primary contact address for any account.
8. BREACH OF AGREEMENT
8.1. With the exceptions of section 3.17., section 5.2.4. and section 9.2., if either of the parties involved in this agreement break any of these Terms and Conditions and do not remedy the situation 7 (seven) calendar days after receiving a written notice requiring the situation to be remedied, the party that is not at fault can, without giving up any of the rights it may have been given by this agreement or by the law, terminate this agreement as they see fit by giving written notice to the party at fault. If the situation cannot be remedied in 7 (seven) calendar days, the period for remedying the situation will be extended for a reasonable amount of time.
9. COMMENCEMENT, DURATION AND TERMINATION
9.1. This agreement will begin once the registration has been completed and
9.1.1. in the case of non-contract services, will continue indefinitely unless one of the parties terminates the agreement by giving notice in writing twenty (20) business days before the payment period expires, or
9.1.2. in the case of contract services, will automatically terminate after the initial period unless the subscriber provides sufficient written notice of intention to renew to Cyber Perk. Details of the notice that is required will be discussed in such a contract.
9.2. If the subscriber does not pay Cyber Perk the subscription charges that are due, Cyber Perk can terminate or suspend this agreement as they see fit.
9.3. Cyber Perk can terminate this agreement at any time and for any reason by giving the subscriber 1 (one) month’s notice in writing. If the subscriber has not broken any of the Terms and Conditions of this agreement, Cyber Perk will refund all paid subscription charges that the subscriber has not received the services for.
9.4. If a subscriber abuses any Cyber Perk employee, Cyber Perk has the right to terminate that subscriber’s account at the end of that calendar month.
10. DISCLAIMER FOR LIABILITY
10.1. Although Cyber Perk will make every effort to provide the subscriber with disaster recovery, they do not specify a recovery time and cannot be held liable for any loss or damage of any nature that is suffered by the subscriber because Cyber Perk failed to provide, was delayed in providing or could only provide partial disaster recovery. Though nothing in this section is meant to suggest or guarantee that the backing up of data will be successful or will in any way prevent disaster, the subscriber is advised to make back-ups of his/her data as a preventative measure.
10.2. Cyber Perk is not responsible for the failure of any e-mail delivery or the loss of any
e-mail and does not keep copies of e-mails once they have been sent or received by the subscriber.
10.3. Cyber Perk can take any action that they feel is necessary at any time to maintain the security and reliable operation of the Cyber Perk network. The subscriber commits to not doing anything or not having anything done which would compromise such security.
11.1. This agreement is governed by South African law and is to be understood and take effect according to those laws.
12. E-MAIL TERMS AND CONDITIONS
12.1. Cyber Perk will give the subscriber a SMTP/POP3 e-mail service according to the choices that the subscriber makes in his/her registration and at the cost that was specified there.
12.2. The cost for the SMTP/POP3 e-mail service does not include SMTP server set-up costs.
12.3. Cyber Perk is not responsible for any failed deliveries or any loss of e-mail.
12.4. The subscriber agrees to take all reasonable steps to make sure that their e-mail service is not used as a relay and, if relaying does occur, Cyber Perk has the right to suspend or terminate a subscriber’s service until the subscriber has stopped the relaying.
12.5. Cyber Perk sets a limit of 500MB of POP traffic per Cyber Perk e-mail address and the same limit for forwarding to Cyber Perk e-mail addresses. If this limit is reached, Cyber Perk can suspend the subscriber’s e-mail address for the rest of the calendar month.
12.6. The subscriber understands that, should he/she choose to use Cyber Perk’s mail servers for an email address at his/her domain, any emails sent and received will contribute towards his/her monthly traffic allowance.
12.7. Cyber Perk can change the POP traffic limit that is included with any service by giving at least 30 days notice and by drawing attention to that information on the Cyber Perk website and/or the Control Panel.
12.8. Though Cyber Perk will include e-mail anti-virus scanning for all subscribers and will make every effort to keep the definitions updated and able to detect the latest known viruses, they cannot guarantee that every e-mail virus will be blocked before it is delivered.
12.9. Though Cyber Perk will include e-mail SPAM blocking for all subscribers and will make every effort to to block SPAM and avoid mistaking valid e-mails as SPAM, they cannot guarantee that every SPAM message will be blocked before it is delivered, and they cannot guarantee that every valid e-mail will be delivered when it is mistaken for SPAM.
12.10. The subscriber is responsible for making sure that their equipment is protected against viruses and that their operating systems are regularly patched and updated.
12.11. Cyber Perk might occasionally send marketing materials to the subscriber via e-mail. If a subscriber does not want to receive such marketing materials, they can send a written request for exclusion to Cyber Perk by post to their domicilium, fax to 086 573 5855 or by an e-mail to email@example.com. However, requesting exclusion from these marketing materials does not exempt the subscriber from receiving e-mails regarding important system or service notifications that could affect his/her service.
13. DOMAIN SERVICES TERMS AND CONDITIONS
13.1. When instructed to do so by the subscriber through a registration form or via the Cyber Perk website, Cyber Perk will arrange for the registration, transfer, modification and/or forwarding of a domain name.
13.2. The subscriber understands that the registration, transfer, modification and/or forwarding of a domain name needs to abide by the rules of those responsible for domain registrations and that Cyber Perk cannot guarantee the registration of the particular domain name selected by the subscriber.
13.3. The subscriber confirms that he/she has a right to own the domain name, or the permission of someone who does have that right, and that using the domain name does not violate the intellectual property rights of anyone who might have a claim to that domain name. The subscriber also indemnifies and frees Cyber Perk from any responsibility and any claims that come from the improper use of the domain name.
13.4. Charges for the registration of domain names are not refundable once Cyber Perk has registered the name on the subscriber’s behalf. This includes, but is not limited to, cases where a mistake (such as the misspelling of the domain name) has been made by the subscriber.
13.5. The subscriber understands that a domain cannot be registered without parking or a hosting package, and that a parking fee of R40.00 may be charged for domains that are registered without a hosting package. This fee is subject to change from time to time.
13.6. The subscriber understands that domains are registered on an annual basis and that, after one year, he/she will need to pay a renewal fee in order to keep such a domain. Such renewal fees are subject to change from time to time.
13.7. After one year, domains will automatically be renewed on an annual basis, unless the subscriber gives Cyber Perk written notice of intention to terminate such a domain before the 24th of the month.
14. WEB HOSTING TERMS AND CONDITIONS
14.1. According to the choices that the subscriber makes during his/her registration, Cyber Perk will host the subscriber’s website on their server and provide the features that are described on the Cyber Perk website.
14.2. The subscriber understands that it is his/her responsibility to ensure that the Hosting solution selected is appropriate for his/her needs. Cyber Perk will make every effort to inform the subscriber of the differences between the Hosting solutions and assist with the selection of a hosting package to suit the subscriber’s needs.
14.3. A 500MB usage limit is placed on SA Web Hosting services and, as the monthly traffic allowance is usage based, the subscriber will be responsible for paying all usage charges where an amount of R0.19 per MB will be charged for all data traffic exceeding the included traffic allowance. Our overseas servers have no limits.
14.4. The subscriber understands that, should he/she choose to use Cyber Perk’s mail servers for an email address at his/her domain, any emails sent and received will contribute towards his/her monthly traffic allowance.
14.5. Cyber Perk will take reasonable steps to make sure that the subscriber’s website is secure from unauthorised access.
14.6. In cases where a subscriber chooses to make use of a Content Management System (CMS), he/she will be entirely responsible for ensuring that such a CMS is up to date.
14.7. The subscriber understands that CMSs are third party software and Cyber Perk are not responsible, nor are they able, to make adjustments to such software. Should the subscriber experience any difficulties with using the services, or require any upgrades to the CMS, Cyber Perk will help to the furthest extent that they are able and, should they not be able to resolve the problem, will instruct the subscriber on further measures that can be taken to resolve the problem with the third party.
14.8. Cyber Perk reserves the right to perform monthly scans to check for vulnerabilities with versions of installed CMSs.
14.8.1. Only Content Management Systems will be subject to scanning. Content of websites will remain covered by the terms and conditions relating to indemnity (clause 5).
14.8.2. Cyber Perk may send out notifications to clients making use of Content Management Systems (CMSs) informing them of outdated versions and advising upgrades. Such notifications are not guaranteed and it remains the subscriber’s responsibility to ensure that he/she is aware of his/her CMS version and any vulnerability that it may encompass.
14.8.3. Cyber Perk retains the right to suspend hosting services without prior notice where an outdated CMS is exploiting Cyber Perk’s resources, is posing a risk to other Cyber Perk clients’ Web Hosting services, or is adversely affecting the server on which the services are hosted, until such a time as the subscriber can reasonably prove that the vulnerability has been corrected or repaired.
14.8.4. Should hosting services pose a risk as described in clause 14.8.3, Cyber Perk will attempt to contact the client prior to services being suspended and, should the services become suspended, will attempt to assist the client in performing necessary upgrades as per clause 14.6. Such assistance may incur fees, details of which can be obtained from Cyber Perk’s Support department upon request.
14.9. Cyber Perk is not responsible for any illegal software or licences that are used by the subscriber.
14.10. The supply and costs of development, design and/or maintenance of the subscriber’s website, including HTML, ASP, PHP and other coding, are not included in the Web Hosting fee as set out on the Cyber Perk website, the registration form and this agreement unless otherwise specified.
15. DIAL-UP INTERNET ACCESS TERMS AND CONDITIONS
15.1. The subscriber will be completely responsible for the buying, managing, security and maintenance of all necessary computer equipment, networking equipment, modems, operating systems, software and all Telkom rental and phone bills used to connect to the Internet.
16. ADSL INTERNET ACCESS TERMS AND CONDITIONS
16.1. The subscriber will be completely responsible for the buying, managing, securing and maintaining of all necessary computer equipment, networking equipment, modems, operating systems, software and all Telkom rental and phone bills used to connect to the Internet.
16.2. Telkom describes ADSL as a “best effort” service. This means that, as Cyber Perk relies on Telkom for supply of ADSL, they cannot guarantee speeds, availability or the usefulness of the service for any application.
16.3. In the case of all hard-capped ADSL services, once the subscriber’s usage reaches or exceeds the monthly traffic allowance, the service will not work until the beginning of the following calendar month.
16.4. Cyber Perk may send out a daily usage, however these notifications are not guaranteed and it remains the subscriber’s responsibility to ensure that he/she is aware of his/her ADSL usage.
16.5. Once a subscriber’s soft or hard limit has been reached, the subscriber will not have access to any webpages or email.
16.6. The subscriber is completely responsible for making sure that their computer, network and ADSL equipment are secured against the theft of sensitive information. The subscriber is also completely responsible for all charges that result from unauthorised use of the services on his/her premises and/or the theft or fraudulent acquisition of sensitive information that is in the subscriber’s possession including, but not limited to, the usernames and passwords that are used to access the services.
16.7. Should the subscriber contact Cyber Perk’s Technical Support, Cyber Perk will help the subscriber with the technical details of making sure that an ADSL line is secured against the most common ways used to steal usernames, passwords and bandwidth. Cyber Perk has no control over the subscriber’s equipment or security practices, and cannot be held responsible for any security breaches on the subscriber’s premises or with the subscriber’s equipment, even if they have offered the subscriber advice in this area.
16.8. Should the subscriber wish to upgrade his/her package, he/she can do so at any time. The difference in price between the smaller and larger package will then be included in the next invoice that he/she receives.
16.9. Should the subscriber wish to downgrade his/her package, he/she can do so before the last day of the month. Should the request be received thereafter, the subscriber will be required to pay for the larger package for the following payment period.
16.10. Should the subscriber wish to change his/her package to a package of another type, he/she can request this change at any time, however if the change occurs on or after the first of the month, he/she will be required to pay for both packages in full for the following payment period.
16.11. Should the subscriber wish to cancel their subscription to this service, he/she can do so at any time, however if this cancellation occurs after the 24th of the month, they will be required to pay for the following payment period.
17. ADSL AND VDSL LINE TERMS AND CONDITIONS
17.1. Cyber Perk will manage the ADSL or VDSL portion of the subscriber’s line at the request of the subscriber and according to the terms laid out in the Line Service Agreement.
17.2. Cyber Perk will assist with the installation of the ADSL or VDSL portion of a subscriber’s line at the speed requested by the subscriber and where these such lines are made available through Telkom in the subscriber’s area.
17.3. The subscriber understands that Cyber Perk’s service(s) do not include any Telkom voice rental charges or support for the Telkom voice line. He/she also understands that all charges and support that he/she needs for his/her Telkom voice line will be managed by Telkom and are not part of the service that Cyber Perk agrees to provide.
17.4. The subscriber understands that by selecting a Line package or a package where “+ Line” is specifically stated in the package name, he/she is requesting and thus entitling Cyber Perk to order the necessary line on his/her behalf or have his/her existing ADSL or VDSL line migrated to Cyber Perk.
17.5. The subscriber further understands that only where a package specifically states “+ Line” in the package name does the package include the monthly ADSL or VDSL line rental in the pricing. He/She also understands that line support and troubleshooting can only be done for lines that are under Cyber Perk’s management.
18. UNCAPPED TERMS AND CONDITIONS
18.1. Cyber Perk will provide the subscriber with this service at the connection speed that is chosen by the subscriber during the registration process.
18.2. The subscriber is aware that Home Uncapped packages are not billed pro-rata and will therefore be charged at their full price regardless of how late in the month the package is requested.
18.3. The subscriber understands that this service is subject to an Acceptable User Policy as follows:
18.3.1. Each user’s package is assigned a star rating out of 5 stars.
18.3.2. All packages start on 5 stars and are completed unshaped.
18.3.3. Each package’s usage is added up over a 10 day rolling window to determine its star rating. The rolling window does NOT reset at the start of a new month.
18.3.4. If the user’s total usage over a 10 day period adds up to more than the top 60% of the average usage for all packages of that type, that user will lose one star from his/her rating.
18.3.5. The higher a user’s total usage over 10 days, the lower their star rating will be. The lower the star rating, the more shaped and throttled the service will be.
18.3.6. Throttling starts with ports typically used for p2p and file sharing.
18.3.7. This AUP is implemented to ensure that those users who use less data will have a better quality connection. No limit is placed on the total volume of traffic that can be uploaded or downloaded.
18.3.8. This AUP is determined by our First Tier Provider and Cyber Perk does not control how it is implemented.
19. 3G/MOBILE TERMS AND CONDITIONS
19.1. Cyber Perk will provide the subscriber with 3G services through the network and with the data allowance that is chosen by the subscriber during the registration process and according to the terms laid out in the 3G Service Agreement.
19.2. In addition, Cyber Perk will provide the subscriber with a 3G modem upon request. Such modems will be available for purchase upon payment of a once-off fee or for rent upon receipt of a signed and initialled 12 Month Service Agreement as provided by Cyber Perk.
19.3. The subscriber understands that the 3G services are reliant on coverage by the network as chosen during the application process. He/she has been informed of the coverage available in his/her area as shown in the Network Coverage Agreement and accepts that the service will be provided according to the coverage that is available.
19.4. The subscriber further understands that the 3G services provided through Cyber Perk are soft-capped and that data bundles are billed in advance on the first day of every month with additional usage being billed in arrears. Further information on the additional usage rates can be found in the full 3G Service Agreement.
19.5. The subscriber is aware of the limitations of the data provided as part of the 3G services that Cyber Perk offer and is aware of the conditions related to in-bundle and out-of-bundle usage as explained in the full 3G Service Agreement.
19.6. Bundles of 3G data as supplied as part of this service are valid from 00h00:00 on the first day of each month until 23h59:59 on the last calendar day of that month. Data that is included in this bundle and that remains unused does not roll over into the following month.
19.7. A subscriber can cancel his/her 3G services by providing one (1) calendar month’s written notice of cancellation.
20. TECHNICAL SUPPORT
20.1. Should the subscriber have any problems or need any technical assistance regarding Internet Access or Web Hosting, he/she can phone the Cyber Perk Call Centre on 044 382 7547 or send an e-mail to firstname.lastname@example.org. The subscriber will be responsible for all phone call costs.
21.1. A failure to enforce any condition of this agreement will not mean that condition is waived and either party can insist on the condition being strictly enforced at any time in the future. In addition, should a condition be waived, the condition itself is still effective.
21.2. No party is bound by any term, representation, warranty or anything else that is not mentioned in this agreement.
21.3. Cyber Perk may occasionally change these Terms and Conditions without giving prior notice to the subscriber. Should this happen, the updated version of these Terms and Conditions can be found on the Cyber Perk website or requested through an e-mail sent to email@example.com.