Legal

Connectivity Terms of Use

General

These terms and conditions govern the use of all of the Technolutions Connected Services (PTY) Ltd connectivity services or any products that are accompanied by connectivity services. Technolutions Connected Services (PTY) Ltd offers both capped and uncapped fibre services – please visit our website and go to our connectivity page for more information so that you can decide which product best fits your needs.

Your contract with Technolutions Connected Services (PTY) Ltd is a legally binding document by which you agree to make use of our services in terms of the conditions of this Agreement.

You (the customer) or someone specifically appointed by you (the customer’s agent) must certify that you or the agent is above the age of 18 years, has full contractual capacity and is duly authorised by you as the Applicant to contract on your behalf.

Applicable Documents

The following legal provisions apply to the provision of the Technolutions Connected Services (PTY) Ltd services and are binding on any subscriber to such service:

Service availability and confirmation of service availability

There must be fibre feasibility in your area of work or stay in order to subscribe to our fibre service. It’s best to confirm the availability on e-mail to support@tcsinternet.co.za. Service availability to any applicant is further subject to:

• Any credit checks which Technolutions Connected Services (PTY) Ltd may, in its sole discretion, choose to carry out. For this purpose the applicant hereby authorizes Technolutions Connected Services (PTY) Ltd to conduct credit checks and provide relevant information to any credit bureau as may be required for this purpose; and
• The applicant must comply with RICA customer registration requirements.

Installation/Migration Costs and Routers

• Installation and/or Activation costs may be applicable based the Fibre Network Operators installation cost which is passed on to the end-customer.
• A fee may be applicable on line migrations
• Free-to-Use routers are pre-configured and couriered to the end-customer. Free-to-Use routers remain the property of Technolutions Connected Services (PTY) Ltd and are free to use for the duration of your subscription. Should you fail to return the Free-to-Use router at the termination of your subscription, the cost will be recovered and charged against your account.

Support

Support Channels and Contact Details are support@tcsinternet.co.za, 021 203 5223 or alternatively whatsapp only line +27 82 738 2873

Wi-Fi and IT Support

Technolutions Connected Services (PTY) Ltd cannot guarantee speeds over a wireless connection. The performance of wireless connections are influenced by the environment and the quality is susceptible to external interference. Technolutions Connected Services (PTY) Ltd’s responsibility ends at your router and your IT service provider will need to investigate issues beyond the router. Technolutions Connected Services (PTY) Ltd will only accept speed tests from using the technolutions (PTY) Ltd speed test server that has been done using http://www.speedtest.net. This needs to be done with a network cable plugged into the router and NOT over a wireless connection.

A speed test performed on a device is merely an indication of the speed that device is experiencing, and does not necessarily measure the speed of the service provided at the termination of the fibre. Put simply, unless the speedtest is performed at the termination point while no other devices are using the connection, it will not provide a reliable measure of the service speed.

Customers should expect to pay more if they need repairs to their service to be prioritised by an FNO or Technolutions Connected Services (PTY) Ltd. A customer working from home should consider investing in a business level service if the reliability and performance of the connection is crucial for that customer’s work.

Technolutions Connected Services (PTY) Ltd has no obligation to optimise a customer’s home network configuration unless the customer is buying such a service. Helping a customer to set up a home network properly is not a default part of an Internet access service.

On-Premises Fibre Equipment – Customer Premises Equipment (CPE)

The Customer Premises Equipment, (CPE) including Access Terminal Box, (ATB), Optical Network Terminal (ONT), ONT Power Supply and any cables provided by the FNO at the home or business, remains the property of the respective Fibre Network Operator. Damage, loss, removal of any Fibre Network CPE at the home or business will be charged for at the rate the Fibre Network Operator charges Technolutions Connected Services (PTY) Ltd. Please note power supplies supplied with Wi-Fi Routers and ONTs are not covered under warranty. It is recommended that a small UPS is run on your network to power your ONT and Wi-Fi Router.

Payment and payment terms

Service fees are payable to Technolutions Connected Services (PTY) Ltd monthly in advance through a debit order. Payment is due on the last working day of each and every calendar month. Billing will begin on the date on which service provision starts.

All account queries needs to be directed to accounts@tcsinternet.co.za, alternatively 021 203 5223 extension 3.

Term and termination

Technolutions Connected Services (PTY) Ltd either operates on month-to-month contracts or fixed term contracts for FTTH, (Fibre to the Home) and FTTB, (Fibre to the Business), otherwise stated 1 or 2 year contracts for FTTB, (Fibre to the Business). FTTH which may be cancelled on receipt of a written notice 30 days before the termination date which will be the end of the month.

Technolutions Connected Services (PTY) Ltd reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use. The company nevertheless undertakes to act in a reasonable manner in undertaking any such course of action.

Bandwidth top-ups

When subscribers have used up the bandwidth they have purchased for the month or when they reach the limit of their fixed cap, they will be hard-capped. This means that users will have no further access to the internet, additional bandwidth can be purchased at my.tcsinternet.co.za even when capped and billed in arrears for the additional bandwidth.

Public IP’s

If any static IP Addresses are required, they can be purchased. A dynamic IP is provided

Uncapped Fibre – Fair Use Policy

Technolutions Connected Services (PTY) Ltd reserves the right to manage users with abuse behaviour patterns whilst retaining its uncapped nature.

Price increases

Fibre Network Operators may impose a price increase on the Technolutions Connected Services (PTY) Ltd during the term of a customer’s contract which will be passed on to the customer and Technolutions Connected Services (PTY) Ltd will endeavour to pass on notices of a price increase without undue delay.

Usage Monitoring

Technolutions Connected Services (PTY) Ltd monitors subscribers’ bandwidth usage in order to ensure that bandwidth limitations are not exceeded. This monitoring is subject to the nature of the Fibre services CPE connection to our network. Technolutions Connected Services (PTY) Ltd further reserves the right to take any necessary measures to monitor and calculate usage effectively, including terminating subscriber sessions by remote means.

If a subscriber exceeds the pre-purchased bandwidth or fixed cap then:

Technolutions Connected Services (PTY) Ltd, at its sole discretion, may allow a degree of over usage. Any such over usage allowance is a discretionary indulgence on the part of the company and shall not in any manner constitute a waiver or relaxation of the company’s rights to enforce the hard cap.

Technolutions Connected Services (PTY) Ltd may, at its sole discretion, recover the cost of the over usage from the subscriber’s fixed cap for the next month or from the next top-up purchased.

Technolutions Connected Services (PTY) Ltd also monitors its systems for performance and accounting purposes. The information which the company garners through these mechanisms may be used to ensure that users are complying with the Acceptable Usage Policy.

Subscriber usage management

Subscribers can manage their usage proactively to avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Technolutions Connected Services (PTY) Ltd Usage Portal website my.tcsinternet.co.za

Disclaimer and Limitation of Liability

Technolutions Connected Services (PTY) Ltd accepts no liability for any loss or damage to the customer’s property or equipment arising out of the provision, installation or maintenance of their Fibre service.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions or internet activities that are authenticated by credentials (passwords or other information) associated with their account(s). Technolutions Connected Services (PTY) Ltd advises clients to change their passwords regularly to avoid any security problems. The company accepts no liability for any loss or damage suffered by subscribers through the use or misuse of their passwords or other authentication credentials.

• The provision of upstream and network services by third-party providers;
• Fibre Feasibility/Network availability;
• Distance of the customer’s premises to the closes fibre man hole.
• Technolutions Connected Services (PTY) Ltd reserves the right to refuse fibre service based on network, domain and/or equipment identifiers.

Technolutions Connected Services (PTY) Ltd will not be liable to the subscriber or to any third party in respect of all and any damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the subscriber or third party, however these arise.

Indemnity

The customer indemnifies and holds Technolutions Connected Services (PTY) Ltd harmless in respect of any damages, loss or costs or claims instituted against Technolutions Connected Services (PTY) Ltd arising from any application or subscription to or use of the service or breach of the terms and conditions applicable to it.

Repairs

Any faults or service interruption should be reported by e-mailing support@tcsinternet.co.za or by calling the Technolutions Connected Services (PTY) Ltd Client Services during office hours on 021 203 5223.

Depending on the circumstances of the service interruption and nature of the repairs required, either Technolutions Connected Services (PTY) Ltd or FNO (Fibre Network Operator), will be responsible for fixing the service. Repairs will optimally occur during office hours and the relevant service provider will strive to restore the FTTH/FTTB service in the shortest possible time.

If either Technolutions Connected Services (PTY) Ltd or the telephony provider ascertains that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement, the subscriber will be liable for payment of the relevant call-out charge.

Service credit

The subscriber is entitled to a credit on the rental amount of the service for the duration of the interruption on a pro-rata basis. However this only applies if the fibre service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit excludes the line rental for the twenty four (24) hour period.

The calculation of time periods for the purpose of determining any credit for service interruption will only begin at the time when the fault is reported to Technolutions Connected Services Support. The credit will only be passed on request.

Cancellations

To cancel a service, a subscriber must give Technolutions Connected Services (PTY) Ltd written notice as per the list below before termination is required. Such notice will take effect on the first day of the month immediately following the end of the notice period. Please note the following cancellation notice period for each respective FNO in effect after the initial contract period has lapsed

• Century City Connect FTTH: One calendar month
• Century City Connect FTTB: 90 Days
• DFA: 90 Days
• Openserve: One calendar month
• Octotel: One calendar month
• Frogfoot FTTH: One calendar month
• Frogfoot FTTB: Three calendar months
• Waterfront Communications: One calendar month

Amendments

It is important to note that these terms and conditions are subject to change, due to a variety of factors. Subscribers must agree to revisit these terms and conditions regularly to check for updates. Technolutions Connected Services (PTY) Ltd will highlight any changes that have been made.

Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Technolutions Connected Services.

Use at the client’s own risk

Technolutions Connected Services (PTY) Ltd will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Technolutions Connected Services network and in no way moderates such content.

The client expressly agrees that use of Technolutions Connected Services’s (PTY) Ltd server(s) and services are at their own sole risk. Technolutions Connected Services (PTY) Ltd is not responsible for files and/or data residing on the client’s account. The client agrees to take full responsibility for any transfers of files and data and to maintain all appropriate backup of files and data stored on the Technolutions Connected Services (PTY) Ltd web servers, including e-mail, databases and site content.

Refusal of services based on network, domain and/or equipment identifiers

Technolutions Connected Services (PTY) Ltd reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Termination

Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the terms of payment, Technolutions Connected Services (PTY) Ltd has the right (at its sole discretion) to demand immediate payment of the full amount owed and demand compliance forthwith with all the terms and conditions Alternatively the company may elect to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Technolutions Connected Services (PTY) Ltd may have.

Technolutions Connected Services (PTY) Ltd reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

General provisions

The client confirms that all statements made in this application are true and correct. Technolutions Connected Services (PTY) Ltd reserves the right to request proof thereof.

Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa.

Any form of abuse of Technolutions Connected Services’ (PTY) Ltd staff will result in suspension or termination of services, irrespective of the form and medium of this abuse.

In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Technolutions Connected Services (PTY) Ltd reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.

Acceptable Usage Policy

By accessing our website, contacting us, using any of our month to month services, you agree, without limitation or qualification, to be bound to our policy and the terms and conditions it contains.

Technolutions Connected Services respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

As we are require to comply with the relevant laws of the Republic; to specify to customers and users of our service what activities and online behaviour are considered an unacceptable use of the service; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities. Direct any queries to our customer services on email: hello@tcsinternet.co.za

Unlawful Use

Technolutions Connected Services service may only be used for lawful purposes and activities. We prohibit any use of our network, including the transmission, storage and distribution of any material or content that violates any law or regulation of the Republic.

This includes:

1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Technolutions Connected Services cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Technolutions Connected Services network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Technolutions Connected Services on behalf of another subscriber without their consent.

6. Any activity that results in the sale, transmission or distribution of pirated or illegal software.

7. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of services and our network and also detail the guidelines for acceptable use of certain services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Technolutions Connected Services network is unacceptable. This includes:

• Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures;

• Any effort to use Technolutions Connected Services equipment to circumvent the user authentication or security of any host, network or account;

• Spoofing of any TCP-IP packet header or any part of the header information in an e-mail;

• Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;

• Any activity which threatens to disrupt the service offered by Technolutions Connected Services through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

• Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component;

• Any unauthorised monitoring of data or traffic on the network without Technolutions Connected Services explicit, written consent; and

• Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space and Third Party Content and Sites

By accepting and reading this usage policy, and utilising in signing any form of service with Technolutions Connected Services, you acknowledge that Technolutions Connected Services has no power to control the content of the information passing over the Internet in what so ever form, and that Technolutions Connected Services cannot be held responsible or liable, directly or indirectly, for any of the above mentioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Technolutions Connected Services employees do not moderate any of public spaces, or your communications, transmissions or use of public services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Unsolicited, Spam and Junk Mail

Technolutions Connected Services will be required to take action if any of the below events occur:

1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

2. Operating or maintaining mailing lists without the express permission of all recipients listed;

3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;

4. Using Technolutions Connected Services service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider.

5. Including Technolutions Connected Services name in the header or by listing an IP address that belongs to Technolutions Connected Services in any unsolicited e-mail whether sent through Technolutions Connected Services network or not.

6. Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Technolutions Connected Services reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. All relay checks will be done in strict accordance with Technolutions Connected Services privacy policy.

Spam/virus Filtering

Technolutions Connected Services provides multiple spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer agrees to utilize the mail message sent to release and “white list” such mails. The customer also acknowledges and agrees that Technolutions Connected Services shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Technolutions Connected Services reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.

Protection of Minors

Technolutions Connected Services prohibits customers from using Technolutions Connected Services service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

Technolutions Connected Services respects the privacy and confidentiality of our customers and it users of all our services. Please review our privacy policy.

User Responsibilities

It is the Customers responsibility to ensure no unauthorized use of any services of the Customer and the misuse of any services of Technolutions Connected Services.

Technolutions Connected Services urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Technolutions Connected Services cannot be held liable for the Customer being placed on any bulk mailing lists as a result of opening any RANSOMWARE e-mails.

Where the customer has authorised a minor to use any of the Technolutions Connected Services services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

Technolutions Connected Services cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Technolutions Connected Services network. Further, Technolutions Connected Services assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

Complaints and Procedures

It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this agreement to Technolutions Connected Services designated complaints handling agent.

Please note that Technolutions Connected Services cannot handle complaints concerning networks or users that do not have services with us.

In order for Technolutions Connected Services to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via e-mail and contain as much information as possible, including, but not limited to abuse@o-it.co.za · the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc.;

• Any contact details for the source of the complaint; and

• A brief explanation why the incident is considered to be an offence.

Technolutions Connected Services discourages anonymous complaints being made via this process. We urge complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

Action following breach of the Acceptable Usage Policy

• Upon receipt of a complaint or incident, Technolutions Connected Services may take any of the following steps:

• In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this Policy and the ISPA Code of Conduct;

• In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;

• In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;

• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this Policy;

• Share information concerning the incident with other Internet Service Providers, or publish the information, and/or make available the users’ details to law enforcement agencies if required.

Reservation and Non-Waiver of Rights

Technolutions Connected Services reserves the right to amend or alter this policy at any time, and without notice to you.

Technolutions Connected Services reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

Technolutions Connected Services reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

Technolutions Connected Services reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property. Technolutions Connected Services reserves the right to suspend, revoke or cancel Technolutions Connected Services services to the customer/user if the safety and integrity of Technolutions Connected Services resources are placed at risk in continuing to provide service to the subscriber/user.

Technolutions Connected Services reserves the right to remove any information or materials in whole or in part, that, in Technolutions Connected Services sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Technolutions Connected Services does not undertake to guarantee the security of any data passing through its networks. Although Technolutions Connected Services will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Technolutions Connected Services cannot be held liable for any loss or damage arising as result of the failure to do so. Technolutions Connected Services does not waive its right to enforcement of this Acceptable Usage Policy at any time, or prejudice its right to take subsequent action, should Technolutions Connected Services fail, neglect or elect not to enforce a breach of the Acceptable Usage Policy at any time.

Privacy Policy

At times, Technolutions Connected Services will collect certain personal information about our customers and visitors to website.
The two types of personal information is identifiable personal information, and non-identifiable personal information. Identifiable personal information will be collected when signing up for a service via some form of contract in whichever form. Non-identifiable personal information is gathered automatically when you visit our website. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

Confidentially

We undertake to protect the confidentiality information of our customers including all personal information supplied when signing up with Technolutions Connected Services. None of your personal information will be shared in any way with a 3rd party.

Collection of Personal Data

The forms of data collection are either thru subscribing to a monthly service; e-mail branding/marketing, in response to a questionnaire; and through cookies. A cookie is a data file that sits on your PC. A remote server places this when visiting a website to uniquely identify you during all your interactions with our sites. If you wish not to receive cookies you can disable this on your PC.

Usage of Personal Data

Technolutions Connected Services may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision, with the option to opt out if you are not interested in being contacted, or alternatively phone our customer services on 021 203 5223 or email hello@tcsinternet.co.za Technolutions Connected Services may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous. Any information Technolutions Connected Services collects from you through correspondence with us, whether via e-mail, telephonically will only be used to address the matters within that correspondence. If this requires referring such correspondence within Technolutions Connected Services or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

Public Space

Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Technolutions Connected Services may host for you, is available to anyone else who visits that space. Technolutions Connected Services cannot safeguard any information you disclose there.

Website Links

Technolutions Connected Services’s website may contain links to sites that belong to third parties unrelated to us. Technolutions Connected Services cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites.

Parent Consent

Technolutions Connected Services will not enter into any contract with a minor unless such minor has explicit written consent from a parent to do so. Technolutions Connected Services undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.

Reservation of Rights

Technolutions Connected Services reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims. Technolutions Connected Services further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network. Technolutions Connected Services reserves our rights to disclose your personal information where you have given us explicit legal electronic consent to do so. Technolutions Connected Services reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. Technolutions Connected Services reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

Protection of Minors

Here are some online resources covering topics for the protection of minors on the Internet.

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

ProtectKids.com: Protecting children in cyberspace

SafeKids.com: Making your family’s online experience fun and productive

WiredKids: Online safety for kids and teens

Promotion Of Access To Information Act

SECTION 51 MANUAL

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

1 Technolutions Connected Services OVERVIEW

Technolutions Connected Services supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

2 AVAILABILITY OF THIS MANUAL

A copy of this Manual is available on our website (www.tcsinternet.co.za) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.

3 HOW TO REQUEST ACCESS TO RECORDS HELD BY Technolutions Connected Services

Requests for access to records held by Technolutions Connected Services must be made on the request forms that are available from our website and office, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).

A request fee may be payable (the schedule of fees can be accessed here). You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Technolutions Connected Services.

The standard form that must be used for the making of requests can be accessed here. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to Technolutions Connected Services will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Technolutions Connected Services does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

4 CONTACT DETAILS

Name of Private Body – Technolutions Connected Services Pty Ltd

Designated Information Officer – Alan Jones

Email address of Information Officer – hello@tcsinternet.co.za

Postal address – 19 Kendal Road, Diep River, Cape Town, 7800

Street address – 19 Kendal Road, Diep River, Cape Town, 7800

Phone number – 021 203 5223

5 HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT

The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:

The South African Human Rights Commission:

PAIA Unit

The Research and Documentation Department

Postal address: Private Bag 2700, Houghton 2041

Telephone: +27 11 484-8300

Fax: +27 11 484-0582

Website: www.sahrc.org.za

E-mail: paia@sahrc.org.za

6 VOLUNTARY DISCLOSURE

Technolutions Connected Services has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Technolutions Connected Services and its services is freely available on Technolutions Connected Services’s website. Certain other information relating to Technolutions Connected Services is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

7 RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

• Information is available in terms of the following legislation to the persons or entities specified in such legislation:

• Companies Act 61 of 1973

• Income Tax Act 58 of 1962

• Value Added Tax Act 89 of 1991

• Labour Relations Act 66 of 1995

• Basic Conditions of Employment Act 75 of 1997

• Employment Equity Act 55 of 1998

• Skills Development Levies Act 9 of 1999

• Unemployment Insurance Act 30 of 1966

• Electronic Communications and Transactions Act 25 of 2002.

• Telecommunications Act 103 of 1996

• Electronic Communications Act 36 of 2005

• ICASA Act 13 of 2000

• Film and Publications Act 65 of 1996

• Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

8 RECORDS HELD BY Technolutions Connected Services

Technolutions Connected Services maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

Take Down Notice

Technolutions confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Technolutions designated agent for this process is the Internet Service Providers’ Association.

In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) Technolutions has designated the Internet Service Providers Association (ISPA) as its agent to receive notifications of infringements as defined in Section 77 of the Act. All Take Down Notices should be directed to:

Internet Service Providers’ Association (ISPA)
PO Box 518
Noordwyk
1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za
Take down notice: takedown@ispa.org.za
Take-down notice information and form: https://ispa.org.za/tdn/

The notice and takedown procedure can be viewed at http://www.ispa.org.za/code.

Code of Conduct

Technolutions is a proud member of the Internet Service Providers Association of South Africa (ISPA) and are bound by the Association’s Code of Conduct. Established on 6 June 1996, the association currently represents in excess of 150 Internet Service Providers with a diverse range of services and target markets.

Technolutions confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Technolutions is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct.

You can view it here: http://ispa.org.za/code-of-conduct/

ICASA Complaints Procedure

ICASA Complaints Procedure

ICASA Complaints Procedure

ICASA Code of Conduct

ICASA Code of Conduct