Legal
Legal
TERMS AND CONDITIONS
1. INTERPRETATION AND DEFINITIONS
1.1. Word importing:
1.1.1. any one gender includes the other gender;
1.1.2. the singular includes the plural and vice versa; and
1.1.3. the singular includes created entities (corporate and unincorporated) and the state and vice versa.
1.2. Unless the context otherwise indicates, the following expressions shall have the meanings given to them hereunder and cognate expressions shall have corresponding meaning:
1.2.1. “Acceptable Use Policy (AUP)” means the policy, which is available on the ISPA ABT Telecoms (Pty)Ltd website that regulates the use of the services;
1.2.2. “Affiliate” means the holding company, subsidiary, associated and/or related company of the Parties, including their successors and permitted assigns;
1.2.3. “Applicable Law” means any of the following:
1.2.3.1. any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time;
1.2.3.2. the common law and the law of equity;
1.2.3.3. any binding court order, judgment or decree;
1.2.3.4. any applicable industry code, policy or standard enforceable by law; and
1.2.3.5. any applicable direction, rule, pronouncement, policy or order that is given by the Independent Communications Authority of South Africa (“ICASA”);
1.2.4. “Acceptable Use Policy (AUP)” means the policy, which is available on the ISP ABT Telecoms (Pty)Ltd website that regulates the use of the services;
1.2.5. “Agreement” means this agreement entered into between the Customer and ISP ABT Telecoms (Pty) Ltd;
1.2.6. “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
1.2.7. “Business Hours” shall mean the hours between 08h00 and 17h00 on any business day. Any reference to time shall be based upon South African Standard Time;
1.2.8. “CPA” means the Consumer Protection Act, 2008;
1.2.9. “Customer” means any natural or juristic person who receives, utilises and is liable for payment for any services supplied by ISP ABT Telecoms (Pty) Ltd;
1.2.10. “ECTAct” means the Electronic Communications Act and Transactions Act, 2002;
1.2.11. “Equipment” means any device, equipment or hardware used to access the services or used in conjunction with the services;
1.2.12. “ISP ABT Telecoms (Pty) Ltd” means a private company incorporated under the laws of the Republic of South Africa with registration number 2002/011645/07;
1.2.13. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;
1.2.14. “Services” means the services provided by ISP ABT Telecoms (Pty) Ltd to the Customer, including all internet access packages, software and equipment necessary for the provision of these services;
1.2.15. "Termination Date" shall mean the date upon which this Agreement is terminated on the instance of either Party in accordance with its terms, or by Agreement.
1.2.16. “VAT” means Value Added Tax as defined in the Value Added Tax Act, 1991.
2. DURATION, TERMINATION AND COOLING-OFF
2.1 The customer accepts and agrees that these conditions will become binding once its application form has been processed and services have been provided by ISP ABT Telecoms (Pty) Ltd. The Agreement shall endure indefinitely until it is cancelled as provided for in this clause 2. In the event that the customer continues to use the services despite the Agreement being termination by ISP ABT Telecoms (Pty) Ltd, the customer shall remain liable for payment all amounts due to ISP ABT Telecoms (Pty) Ltd for the utilised services.
2.2 Either Parties may terminate this agreement by giving 1 (one) calendar month’s written notice to the affected party.
2.3 If this Agreement results from any direct marketing by ISP ABT Telecoms (Pty) Ltd, the customer will be entitled to cancel the agreement on without reason or penalty within 5 (five) Business Days of, in the case of services only being provided in terms of the agreement, the acceptance date.
3. SERVICES AND EQUIPMENT
3.1. ISP ABT Telecoms (Pty) Ltd will provide services to the customer in accordance with these terms and conditions and will use all reasonable endeavours to ensure that the customer is able to use the services provided by ISP ABT Telecoms (Pty) Ltd.
3.2. ISP ABT Telecoms (Pty) Ltd will use its best endeavours to notify the customer of any failure or interruption of services, repairs or maintenance that may result in the unavailability of a service provided by ISP ABT Telecoms (Pty) Ltd.
3.3. The Customer confirms that it will not use any of the services provided by ISP ABT Telecoms (Pty) Ltd for any illegal or criminal activities. ISP ABT Telecoms (Pty) Ltd reserves the right to remove all illegal or unacceptable content that has been published by the Customer. ISP ABT Telecoms (Pty) Ltd may further remove any content of the Customer where a takedown notice has been issued for the content published by the Customer.
3.4. ISP ABT Telecoms (Pty) Ltd may supply all necessary equipment to ensure that the customer enjoys its services. The equipment provided to the customer or installed at the customer’s premises shall remain ISP ABT Telecoms (Pty) Ltd’s property unless the customer purchases the Equipment from ISP ABT Telecoms (Pty) Ltd and pays for the Equipment in full.
4. PAYMENT
4.1. ISP ABT Telecoms (Pty) Ltd will furnish the customer with monthly invoices on the invoice date. All amounts invoiced are payable in advance. The customer hereby agrees to pay all amounts due under this agreement without deduction or set-off and free of bank by way of a direct debit order in favour of ISP ABT Telecoms (Pty) Ltd.
4.2. Unless the customer notifies ISP ABT Telecoms (Pty Ltd in writing within 7 days of receipt of an invoice to the contrary, the contents of such Invoice will be deemed to be correct and will not be disputable. Disputes may be submitted to disputes@abtworld.co.za.
4.3. The customer agrees that:
4.3.1. Hereby authorises ISP ABT Telecoms (Pty) to issue and deliver payment instructions to its banker for collection all amounts in terms of this Agreement. The debit order will commence on the activation date of this Agreement.
4.3.2. ISP ABT Telecoms (Pty) may issue a pro rata invoice for the customer’s first bill whereby the customer will be charged for the number of days left in the month in which it signed up with ISP ABT Telecoms (Pty) Ltd plus the subscription for the next month.
4.3.3. The customer will sign all documents and forms as may be necessary to give effect to the debit order as contemplated in this clause. Subsequent payment instructions will continue to be delivered in terms of this Agreement until all the obligations in terms of the Agreement have been fully paid or until the customer cancels its debit order authority by giving you notice in writing.
4.3.4. The customer will sign all documents and forms as may be necessary to give effect to the debit order as contemplated in this clause. Subsequent payment instructions will continue to be delivered in terms of this Agreement until all the obligations in terms of the Agreement have been fully paid or until the customer cancels its debit order authority by giving you notice in writing.
4.3.5. Should the customer fail to pay any amount on the due date for payment then ISP ABT Telecoms (Pty) Ltd may, without prejudice to any of its other rights and remedies:
4.3.5.1. take all such further steps as may be necessary to recover the outstanding amount from the customer, including without limitation the use of debt collection mechanisms;
4.3.5.2. suspend the customer’s service(s) with notice to the customer until the default has been remedied by the customer.
5. CESSION, ASSIGNMENT AND DELEGATION
5.1. The customer may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under and in terms of this Agreement without the prior written approval of ISP ABT Telecoms (Pty) Ltd. ISP ABT Telecoms (Pty) Ltd shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without the customer’s consent and without notice to the customer.
6. JURISDICTION
6.1. The validity of this Agreement, its interpretation, respective rights and obligations of the Parties and all other matters arising out of it or its termination, for any reason whatsoever shall be determined in accordance with the laws of the Republic of South Africa.
6.2. Notwithstanding any other terms of this Agreement, the customer hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by ISP ABT Telecoms (Pty) Ltd arising out of this Agreement, provided that ISP ABT Telecoms (Pty) Ltd shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the customer consents to the jurisdiction of such court.
7. NON-WAIVER
7.1. No Party shall be regarded as having waived, or be precluded in any way from exercising any right under or arising from this Agreement by reason of any Party having at any time granted an extension of time for, or having shown any indulgence to the other Parties with reference to any payment or performance hereunder, or having failed to enforce, or delayed in the enforcement of any right of action against the other Parties.
8. VARIATION
8.1. These terms and conditions may be amended from time to time by ISP ABT Telecoms (Pty) Ltd. The onus is on the customer to check the ISP ABT Telecoms (Pty) Ltd website for any updates to the terms and conditions.
9. Severability
9.1. If any provision of this Agreement is construed to be illegal or invalid, it will not affect the legality, validity, and enforceability of the other provisions of this Agreement. The illegal or invalid provisions will be treated as being deleted from this Agreement and no longer incorporated, but all other provisions of this Agreement will continue to be binding on the Parties.
10. GENERAL
10.1. The Parties agree that this is the whole agreement. Neither Party relies in entering into this Agreement upon any warranties, representations, disclosures, or expressions of opinion which have not been incorporated into this Agreement as warranties or undertakings.
10.2. 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 the customer will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service.
10.3. The Customer confirms that the parties will only enter into any further service agreements after these terms and conditions have been accepted by the Customer.
10.4. The Customer confirms that it has read and understood the acceptable use policy (AUP) that is available on ISP ABT Telecoms (Pty) Ltd’s website and that a failure to observe the provisions of the AUP may lead to the suspension of the services and or cancellation of this Agreement.
10.5. ISP ABT Telecoms (Pty) Ltd may suspend the Customer’s services if it does not adhere to these terms and conditions, the AUP and other contractual obligations.
10.6. ISP ABT Telecoms (Pty) Ltd nominates the following address where it will receive legal service of documents: 204 Rivonia Road, Block E, First Floor, Morningside.
ISP ABT Telecoms (Pty) Ltd
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. ISP ABT TELECOMS (PTY) LTD OVERVIEW
ISP ABT TELECOMS (PTY) LTD provides Internet Services and Access to its customers, in both the corporate and home market.
ISP ABT TELECOMS (PTY) LTD 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 (https://www.abtworld.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 at the addresses set out below. This Manual will be updated from time to time, as and when required.
3. HOW TO REQUEST ACCESS TO RECORDS HELD BY ISP ABT TELECOMS (PTY) LTD
Requests for access to records held by ISP ABT TELECOMS (PTY) LTD must be made on the request forms that are available on our website and office.
A request fee may be payable. 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 ISP ABT TELECOMS (PTY) LTD .
The standard form that that’s available on the ISP ABT TELECOMS (PTY) LTD website must be used for the making of requests. Not using the correct 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 ISP ABT TELECOMS (PTY) LTD 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 ISP ABT TELECOMS (PTY) LTDdoes 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
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. ISP ABT TELECOMS (PTY) LTD OVERVIEW
ISP ABT TELECOMS (PTY) LTD provides Internet Services and Access to its customers, in both the corporate and home market.
ISP ABT TELECOMS (PTY) LTD 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 (https://www.abtworld.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 at the addresses set out below. This Manual will be updated from time to time, as and when required.
3. HOW TO REQUEST ACCESS TO RECORDS HELD BY ISP ABT TELECOMS (PTY) LTD
Requests for access to records held by ISP ABT TELECOMS (PTY) LTD must be made on the request forms that are available on our website and office.
A request fee may be payable. 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 ISP ABT TELECOMS (PTY) LTD .
The standard form that that’s available on the ISP ABT TELECOMS (PTY) LTD website must be used for the making of requests. Not using the correct 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 ISP ABT TELECOMS (PTY) LTD 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 ISP ABT TELECOMS (PTY) LTDdoes 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
ISP ABT TELECOMS (PTY) LTD
Designated Information Officer
The default Information Officer is the CEO of ISP ABT TELECOMS (PTY) LTD
Email address of Information Officer
Thula@abtworld.co.za
Postal address
204 Rivonia Road, Block E, First Floor, Morningside, 2057
Street address
204 Rivonia Road, Block E, First Floor, Morningside, 2057
Designated Information Officer | The default Information Officer is the CEO of ISP ABT TELECOMS (PTY) LTD |
Email address of Information Officer | Thula@abtworld.co.za |
Postal address | 204 Rivonia Road, Block E, First Floor, Morningside, 2057 |
Street address | 204 Rivonia Road, Block E, First Floor, Morningside, 2057 |
Phone number
010 880 6090
5. VOLUNTARY DISCLOSURE
ISP ABT TELECOMS (PTY) LTD has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to ISP ABT TELECOMS (PTY) LTD and its services is freely available on ISP ABT TELECOMS (PTY) LTD’s website. Certain other information relating to ISP ABT TELECOMS (PTY) LTD 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.
6. 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 :
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
7. RECORDS HELD BY ISP ABT TELECOMS (PTY) LTD
ISP ABT TELECOMS (PTY) LTD 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.
7.1 PERSONNEL RECORDS
Personnel refers to any person who works for or provides services to or on behalf of ISP ABT TELECOMS (PTY) LTD and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of ISP ABT TELECOMS (PTY) LTD. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
- Any personal records provided to ISP ABT TELECOMS (PTY) LTD by their personnel;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi‑legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
7.2 CUSTOMER RECORDS
Please be aware that ISP ABT TELECOMS (PTY) LTD is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
- Any records a customer has provided to ISP ABT TELECOMS (PTY) LTD or a third party acting for or on behalf of ISP ABT TELECOMS (PTY) LTD ;
- Contractual information;
- Customer needs assessments;
- Personal records of customers;
- Credit information and other research conducted in respect of customers;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD about customers;
- Confidential, privileged, contractual and quasi‑legal records of customers;
- Customer evaluation records;
- Customer profiling;
- Performance research conducted on behalf of customers or about customers;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD either directly or indirectly; and
- Records generated by or within ISP ABT TELECOMS (PTY) LTD pertaining to customers, including transactional records.
7.3 OTHER PARTIES
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to ISP ABT TELECOMS (PTY) LTD. The following records fall under this category:
- Personnel, customer or ISP ABT TELECOMS (PTY) LTD records which are held by another party as opposed to being held by ISP ABT TELECOMS (PTY) LTD; and
- Records held by ISP ABT TELECOMS (PTY) LTD; pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
This is not intended as being an exhaustive list and you should check whether any other legislation applies to your ISP.
010 880 6090
|
5. VOLUNTARY DISCLOSURE
ISP ABT TELECOMS (PTY) LTD has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to ISP ABT TELECOMS (PTY) LTD and its services is freely available on ISP ABT TELECOMS (PTY) LTD’s website. Certain other information relating to ISP ABT TELECOMS (PTY) LTD 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.
6. 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 :
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
7. RECORDS HELD BY ISP ABT TELECOMS (PTY) LTD
ISP ABT TELECOMS (PTY) LTD 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.
7.1 PERSONNEL RECORDS
Personnel refers to any person who works for or provides services to or on behalf of ISP ABT TELECOMS (PTY) LTD and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of ISP ABT TELECOMS (PTY) LTD. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
- Any personal records provided to ISP ABT TELECOMS (PTY) LTD by their personnel;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi‑legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
7.2 CUSTOMER RECORDS
Please be aware that ISP ABT TELECOMS (PTY) LTD is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
- Any records a customer has provided to ISP ABT TELECOMS (PTY) LTD or a third party acting for or on behalf of ISP ABT TELECOMS (PTY) LTD ;
- Contractual information;
- Customer needs assessments;
- Personal records of customers;
- Credit information and other research conducted in respect of customers;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD about customers;
- Confidential, privileged, contractual and quasi‑legal records of customers;
- Customer evaluation records;
- Customer profiling;
- Performance research conducted on behalf of customers or about customers;
- Any records a third party has provided to ISP ABT TELECOMS (PTY) LTD either directly or indirectly; and
- Records generated by or within ISP ABT TELECOMS (PTY) LTD pertaining to customers, including transactional records.
7.3 OTHER PARTIES
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to ISP ABT TELECOMS (PTY) LTD. The following records fall under this category:
- Personnel, customer or ISP ABT TELECOMS (PTY) LTD records which are held by another party as opposed to being held by ISP ABT TELECOMS (PTY) LTD; and
- Records held by ISP ABT TELECOMS (PTY) LTD; pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
This is not intended as being an exhaustive list and you should check whether any other legislation applies to your ISP.
What is the Fair Use Policy (FUP)?
ABT applies its FUP as a means of monitoring data usage. It is therefore necessary for us to apply rules, from time to time, relating to fair usage of the service to make sure that our network is efficiently managed.
Accordingly, ABT reserves the right to communicate to you at any time such rules relating to use – including but not limited to bandwidth and data storage limitation – as we in our sole discretion determine what is required for efficient functioning of the service for all customers. Failure to comply with these rules may result in your service being restricted, suspended or terminated, as determined in our sole discretion.
Acceptable Use Policy (AUP)
1. What is an AUP?
This Acceptable Use Policy (AUP) sets out the rules applicable to the use of our services and further governs the safety and security of all ISP ABT Telecoms (Pty) Ltd. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure. This policy also applies to all equipment owned or leased by
2. Agreement to this AUP
The Customer agrees that it will only use our services in a manner consistent with this AUP and failure to do so may be grounds for ISP ABT Telecoms (Pty) Ltd to suspend or discontinue service provision.
3. Unacceptable use
The Customer agrees that it will not engage in:
a) Any criminal, illegal or unlawful act.
b) Any use which intentionally interferes with our ability to provide our services in any respect.
c) Any use which intentionally interferes with our rights or the rights of any third party.
d) Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
e) The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
4. Reporting unacceptable use
Please report any use of our services in contravention of this AUP to abuse@abtworld.co.za
5. Amendments to this Policy
If it is necessary to amend this Policy, we will post a prominent notice or send you an email to ensure that you are kept informed about changes and how they may affect you.
Please send email to lauren@abtworld.co.za for any query or matter relating to this Policy.
Take Down notice requirement for ISPA Code of Conduct compliance
In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") ABT Telecoms (Pty Ltd has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.
Internet Service Providers' Association (ISPA)
PO Box 518
Noordwyk
1687
Tel: 010 500 1200
Email: complaints@ispa.org.za
These terms and conditions (the "Agreement") govern the issuance and use of security access cards ("Cards") provided to ABT Telecoms employees ("Technicians/Programme/Project Managers") by ABT Telecoms ("Company"). By accepting and using the Cards, Technicians/Programme/Project Managers agree to comply with the terms outlined in this Agreement.
Card Usage and Ownership
a. The Card remains the property of ABT Telecoms and is issued solely for the purpose of granting authorized access to designated areas.
b. Technicians/Programme/Project Managers must use the Card responsibly and exclusively for work-related tasks while on Company premises or when instructed by Company representatives.
c. Technicians/Programme/Project Managers must not transfer or lend the Card to any unauthorized individuals or use it for any unauthorized purposes.
d. Technicians/Programme/Project Managers are responsible for the safekeeping of the Card and must report any loss, theft, or damage immediately to the Company's designated security personnel.
Authorized Areas
a. The Card provides access to designated areas as determined by ABT Telecoms.
b. Technicians/Programme/Project Managers may only access areas necessary for their assigned duties. Unauthorized access to restricted areas is strictly prohibited.
c. Technicians/Programme/Project Managers must not tamper with any security devices, locks, or barriers when using the Card for access.
Card Return and Termination
a. Technicians/Programme/Project Managers must return the Card to ABT Telecoms upon termination of employment or upon request by the Company.
b. Technicians/Programme/Project Managers must not retain or use the Card after employment termination or when instructed to return it.
Compliance with Policies and Regulations
a. Technicians/Programme/Project Managers must comply with all applicable Company policies, procedures, and security regulations related to Card usage.
b. Technicians/Programme/Project Managers must adhere to all local and federal laws and any relevant industry regulations when using the Card.
Misuse and Consequences
a. Technicians/Programme/Project Managers found misusing the Card, engaging in unauthorized activities, or violating the terms of this Agreement may face disciplinary action, including but not limited to suspension or termination of employment.
b. ABT Telecoms reserves the right to revoke or deactivate the Card at any time without notice or explanation.
Liability and Indemnification
a. Technicians/Programme/Project Managers assume all liability and responsibility for any actions, damages, or losses resulting from their use or misuse of the Card.
b. ABT Telecoms shall not be held liable for any damages, losses, or injuries sustained by Technicians/Programme/Project Managers while using the Card or accessing designated areas.
Amendments and Modifications
a. ABT Telecoms reserves the right to modify or amend these terms and conditions at its discretion.
b. Technicians/Programme/Project Managers will be notified of any changes to this Agreement, and their continued use of the Card constitutes acceptance of the updated terms.
By accepting and using the security access card provided by ABT Telecoms, Technicians/Programme/Project Managers acknowledge that they have read, understood, and agreed to abide by the terms and conditions outlined in this Agreement. Failure to comply with these terms may result in disciplinary action and the revocation of access privileges.
