Webstorm Internet Service Provider ( ISP ) Webstorm Internet Service Providers Webstorm ISP internet service provider

Webstorm has the know-how and technology to provide a high speed Internet Protocol based data transmission service that greatly enhances the ability of subscribers to receive information. This agreement sets out the terms and conditions upon which Webstorm provides these various services to subscribers.

• Terms
  • Agreements shall commence on the effective date and shall continue for such period as specified on the application form or any one of the services or product's subscriber agreements.
  • Either party may terminate an agreement by giving the other party written notice to this effect of 1 (one) calendar month, provided that such notice of termination shall not be given prior to the end of the period as specified on the application form and in the case of 3G/HSDPA a three month notice period will apply.
  • If the subscriber terminates this agreement for any reason prior to the expiry of the period specified on the application form, he/she remains liable to Webstorm for any amounts which in terms of this agreement would have been payable to Webstorm for the period of the agreement.
  • Notice periods constitutes a whole calendar month or, where required, multiples thereof.
• Interpretation
  • "Application software" means but is not limited to - all software necessary for the provisioning and use of the service:
  • "Customer premises equipment" means, but is not limited to - personal computers, keyboards, monitors, mouse, dial up modems, public and private telephone instruments, other public network equipment, power sources, power supplies, cables, wire, masts, lightning protectors, Antennas, all infrastructure comprising local area networks, servers and other similar things:
  • "Decryption" means - the encryption and scrambling of data by Webstorm:
  • "Effective date" means the date of signature as specified on the Quote acceptance or as may be indicated on subscriber agreements;
  • "Hardware" means - the receiver, the Antenna, low noise blocking amplifier and all cabling;
  • "Headend" means - the transmission originating equipment including but not limited to all transmission equipment, multiplexes, Antennas and other equipment used from time to time by Webstorm for the provision of the service;
  • "Internet" means - the collection of local area networks, wide area networks and third party networks which all use the same protocol (namely TCP/IP) to form a seamless, packet-switched network colloquially referred to as the Internet
  • "Minimum required specifications" means, but is not limited to - a 166 Pentium processor, a 32 MB RAM, a 30MB hard drive capacity, a transceiver and the necessary operating systems and browsers as and any other specifications, recommendations and requirements.
  • "Receiver" means - the physical hardware in the form of a PC card required for the reception of the service;
  • "Service" means - the provision of access to the internet from the headend;
  • "Webstorm" – means Webstorm (Pty) Ltd with registration number 2006/037291/07, being the holder of ICASA IECNS and IECS license number 0338.
  • "Subscriber" means - the applicant as described on the application form.
  • Application form shall mean a document where the heading indicates the words; Subscriber Agreement. The words, Application form, may be substituted by Subscriber Agreement and will have the same meaning.
  • Consumables shall mean data, voice , sms, emails and other electronic forms of communication that is measurable.
• Webstorm's Obligations

  Webstorm shall -

  • Use its best endeavours to provide the subscriber with the service on a 24 (twenty four) hour per day basis.; and
  • Provide the subscriber with a log-in ID and password permitting access to the service for the subscriber's personal use only, provided that in the case of subscribers who are specified as business - subscribers on the application form, there may be more than one user but such use shall be restricted to internal use only;
• Access
  • The subscriber hereby acknowledges that upon receipt of access to the service, he/she agrees -
    • That, save in the case of business subscribers and subject to 4.2, the service will be used for his/her personal use only;
    • In the event that any unauthorised use takes place, to pay immediately, on demand made by Webstorm, all such costs involved in the use of such subscriber's log-in ID.
  • The subscriber agrees that the service is for his/her exclusive use only and shall not use the service other than for residential use or, that business subscribers may use the service for internal business purposes only.
  • Where subscribers use access details/data to activate or use services simultaneously from two devices that are not networked, the subscriber may experience sub standard quality and, or be disconnected.
• Payment
  • In consideration for the services to be provided by Webstorm in terms of this agreement, the subscriber shall pay to Webstorm the amounts as specified in the application (Subscriber Agreement) or quote acceptance form.
  • The subscriber shall be invoiced for the subscription as selected on the application form in advance at the beginning of each month or as stipulated on the Subscriber agreement or quote.
  • Where the subscriber purchases a product or service by means of a credit card transaction on the Webstorm website, the subscriber will receive access details such as Username and Passwords and a proof of purchase receipt via email to the email address he/she has furnished. Delivery to such an email address is not guaranteed as delivery of said email may fail due to various factors beyond the control of Webstorm. This may include, but are not limited to, incorrect email address details supplied, email server failure, email box being full and the general status of availability of the internet connections required to facilitate such an email delivery. Subscribers will have the following remedy; a written request to Webstorm requesting the invoice or username and password(s). Such request must contain all the detail that the subscriber used when he made the purchase on - line barring his credit card number(s) which may be required should Webstorm not be able to retrieve the data on the transaction by normal means. Written requests may be done via email to support@webstorm.co.za of by fax to the following fax number : 086 522 6989. All such requests will enjoy priority but may take up to 48 working hours to resolve.
  • In the event that the subscriber fails to pay any amount which may become due by the subscriber to Webstorm in terms hereof on the due date for such payment, then, without prejudice to any of the rights granted to Webstorm in terms hereof:
  • Any such amount not paid on due date shall bear interest at the rate of 2% above the prime overdraft rate as is in use by Webstorm's bankers at the due date, calculated daily in advance as from the due date (both dates inclusive);
  • Webstorm shall be entitled to take all such further steps, without notice, as may be necessary to recover such monies from the subscriber, and/or to suspend the service to the subscriber until such time that the subscriber has fulfilled his/her obligations in terms hereof, or to terminate this agreement. The subscriber agrees that he/she shall pay all costs associated with the recovery of monies including legal fees on an attorney and client basis.
  • Webstorm shall give the subscriber 30 days notice (which may include e-mail) of any increase or decrease in the rates set out in its standard price list should Webstorm in its sole discretion elect to increase or decrease such rates, and the subscriber shall be bound to such adjustments. The adjustments in such amended standard price list shall take effect on the date of expiry of the written notice.
  • The subscription charges set out herein and all other payments due in terms hereof shall be paid free of exchange and without deduction or set/off by way of a direct debit order (drawn against the subscriber's nominated current banking account) in favour of Webstorm's bankers, or in such other manner as Webstorm may from time to time determine and at such address as Webstorm may elect. The subscriber shall sign all such forms and do all such things as may be necessary to give effect to the foregoing.
  • The subscriber shall not be entitled during the currency of this agreement to withhold payment of any amount by reason of any alleged breach by Webstorm. In addition the subscriber shall not be entitled to withhold payment, any setoff, discount, refund or other credit in respect of any unavailability of the service.
  • Services that allow clients to consume a pre-defined quantities of consumables in the form of data, voice calls, number of emails, sms's and others, and by the nature of the service do NOT automatically disallow further consumption, do not constitute any liability on Webstorm to control the consumption in excess of the initial pre-defined quantity. It such cases the sole responsibility for the management and associated costs of the consumption in excess of the pre-defined quantity of consumables is borne by the subscriber who agree to pay any and all costs related to the excess to Webstorm on demand. The subscriber hereby indemnifies and holds Webstorm free from liability for any direct or indirect loss sustained as a consequence of the use of such services during the use of the pre-defined quantity or the excess consumed thereafter.
  • 1.In the event that the electronic features provided by Webstorm allow subscribers to acquire additional consumables, the subscriber hereby indemnifies Webstorm from any direct or indirect loss that may be incurred from using such services. Webstorm will endeavour to put measures in place to protect subscribers from such possible losses as it may identify whilst the subscriber agrees that he/she will use such facilities at their own risk. Subscribers are warned to protect personal data including access codes, usernames, passwords, credit card information and such details that may expose the subscriber to potential harm and or discomfort.
• Service
  • Webstorm shall use reasonable endeavours to keep the service available at all times, however, the subscriber agrees that Webstorm shall not be liable to the subscriber or any other person or entity whatsoever in respect of direct or indirect loss and the subscriber or any such person or entity shall have no claim against Webstorm. The subscriber hereby indemnifies and holds Webstorm free from liability in respect of any direct or indirect loss or damage:
    • Caused by or arising from any fact or circumstances beyond the reasonable control of Webstorm; or
    • If such loss or damage is consequential or incidental loss or damage; or
    • Which is as a result of any downtime, outage, interruption in or unavailability of the service attributable to any cause whatsoever, including but not limited to;
      • Repairs and maintenance;
      • Any breakdown of whatever nature and howsoever arising in any of the services provided by any other public or private network operator (including, but not limited to, line failure) as well as services provided by any other external communications networks, managed data bases, servers, content providers and by the networks of internet service providers other than Webstorm;
  • Webstorm shall use its best endeavours to notify the subscriber of any maintenance and repairs which may result in the service being unavailable but does not warrant that notice shall be given to the subscriber prior to such maintenance and repairs being undertaken.
  • Without limiting the generality of the above the subscriber acknowledges that demand on the service by other subscribers as well as factors (including but not limited to International bottlenecks and meteorological factors) outside the reasonable control of Webstorm may impact on the performance of the service and that while Webstorm will use its best endeavours to comply with the provisions of 4, Webstorm cannot guarantee that the service and through put will be available at all times and accordingly the subscriber hereby indemnifies and holds Webstorm free from liability for any loss or damage of whatever kind suffered by the subscriber or any third party as a consequence of the abovementioned service availability or through put not being met by Webstorm.
  • The subscriber also indemnifies and holds Webstorm free from liability for any loss or damage sustained as a consequence of the loss of, corruption, degradation or similar loss of integrity in respect of any data or programmes stored on the customer premises equipment as a consequence of the use of the service.
  • The subscriber also acknowledges that the service is provided subject to all laws and regulations applicable from time to time and he/she hereby indemnifies and holds Webstorm free from liability for any loss or damage suffered by the subscriber or any third party of whatever type as a consequence of any delay in or disruption to or termination of the service as a consequence of the intervention of any regulatory body, civil process, or criminal process issued against Webstorm or that may result in disruptions or unavailability of services.
• Hardware Installation

  While Webstorm may from time to time assist the subscriber, it shall be the subscriber's responsibility to procure the installation of the hardware and application software and that Webstorm, subject to 7, can only provide the service to the extent that the hardware and software have been properly configured and installed by or on behalf of the subscriber according to the minimum required specifications as may be reasonably and generally expected in the ICT industry.

  • Webstorm does not warrant that compliance with the minimum required specifications provides optimum performance of the service.
  • Webstorm accepts no responsibility whatsoever for any loss or damage or impaired performance caused to subscriber'’ customer premises equipment as a consequence of the use of the service or as a consequence of the installation of the hardware and application software and the subscriber hereby indemnifies and holds Webstorm free from liability for any such loss or damage.
  • The subscriber hereby indemnifies and holds Webstorm free from liability for any personal injuries howsoever sustained as a consequence of installing or using the service.
• Security And Encryption
  • In order to ensure the security and reliable operation of the service to all subscribers, Webstorm hereby reserves the right to take whatever action Webstorm finds necessary to preserve the security and reliability of the service.
  • The subscriber acknowledges that he/she is prohibited from compromising the security or tampering with system resources or accounts on computers at Webstorm, or at any other site, and where Webstorm encrypts and transmission, tampering with or attempting any unauthorised decryption of any encrypted data transmitted on the service.
  • The subscriber also acknowledges that he/she is bound by any laws that may be in force from time to time regulating the security of networks and the integrity of encrypted data and that any violations of this clause 9 may lead to civil or criminal liability.
  • Webstorm will use reasonable endeavours to preserve the privacy of any information intended to be received by the subscriber using the service and the subscriber hereby indemnifies and holds Webstorm free from liability for any loss or damage of whatever kind suffered by the subscriber or any third party as a consequence of any breach of privacy, including but not limited to the information being received by a person other than the subscriber.
• Acceptable Use Policy
  • The subscriber agrees to conform to generally acceptable internet etiquette and to abide by Webstorm operating policies, which may be amended from time to time at Webstorm's sole discretion, (and the subscriber hereby indemnifies and holds Webstorm free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below;
    • Not to engage in any abuse of e-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptable high number of e-mail and newsgroup recipients that did not request to receive such messages;
    • Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights;
    • Not to post or transmit any message, data, image or programme which is illegal, offensive, threatening, abusive, harassing, harmful or hateful data, image or programme;
    • Not to post or transmit any message, data, image or programme which violates the intellectual property rights of others;
    • Not to interfere with use of the internet by any other Webstorm subscribers or other users;
    • Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the subscriber;
    • Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes;
    • Not to violate the privacy of any person, which shall include but shall not be limited to, hacking; and
    • Not to receive any information, which was not, intended to be received by the subscriber.
    • Terminate, without notice, the subscriber's account and/or access to Webstorm services, including but not limited to web hosting services and e-commerce;
    • If the subscriber should engage in any one or more of the above practices, which shall be determined in Webstorm's sole discretion and which decision shall be final, then Webstorm shall be entitled to:
    • Terminate, without notice, the subscriber's account and/or access to Webstorm services, including but not limited to web hosting services and e-commerce;
    • Bill the subscriber for any costs incurred by Webstorm, including, but not limited to, bandwidth, administration costs, downtime, usage of Webstorm's name or registered domain names, and CPU cycles; and
    • Notify all those persons who received the offending Spam of the personal and public information of the subscriber.
    • Webstorm reserves the right to monitor data throughput volumes, and if volumes are excessively high, Webstorm, at its' sole discretion, may impose measures to preserve, protect and control data flows that may adversely affect network users.

  
  

  These measures may include, but are not limited to, rate limiting, shaping, capping or soft capping.

• Third Party Rights
  • Without limiting the above, the subscriber undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to; title, copyright, trademarks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by Webstorm or by any of the local or foreign service providers or content providers or by any laws governing the provision of the service.
  • The subscriber may not resell any information retrieved from the service, or use the information for monetary gain, unless permitted to do so in writing by Webstorm and/or the Information Provider.
  • Webstorm disclaims any warranty as to the quality or accuracy of information on the Internet or fitness for a particular purpose.
  • Where Webstorm creates its own data it will use its best endeavours to prevent offensive and illegal data from being transmitted but the subscriber hereby indemnifies and holds Webstorm free from liability for any loss or damage suffered by the subscriber or any third party as a consequence of the transmission of such offensive or illegal data.
• Breach
  • Should the subscriber be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms, conditions or obligations of this agreement, then Webstorm shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
    • Claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due; and/or
    • Immediately suspend the services provided for in this agreement until such time that all such outstanding amounts have been paid; and/or
    • Immediately terminate this agreement, retain all monies already paid by the subscriber and to recover all legal costs, including costs on the attorney and client scale.
• Certificate Of Indebtedness
  • The amount of the subscriber's indebtedness to Webstorm and the fact that such indebtedness is due and payable shall be determined and proved by a certificate signed by Webstorm (or by one of Webstorm's directors, whose appointment, qualification and authority need not be proved).
  • The certificate shall be binding on the subscriber, be prima facle of the amount due, owing and payable by the subscriber to Webstorm and shall be deemed to be a liquid document for the purpose of obtaining provisional sentence and/or any other judgement against the subscriber.
• Cession
  • The subscriber shall not cede any of his/her rights nor delegate any of his/her obligations hereunder.
  • Webstorm shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under this agreement.
• Jurisdiction

  The subscriber hereby irrevocable 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 Webstorm arising out of this agreement, provided that Webstorm shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the subscriber consents to the jurisdiction of the said court.

• General
  • No indulgences of any breach of agreement by Webstorm shall be construed as a waiver of any of its rights in terms of this agreement.
  • The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.
  • No variation of this agreement shall be binding unless recorded in writing and signed by the parties.
  • The subscriber agrees that by furnishing his/her bank details, he/she consents to Webstorm deducting the amount of his/her subscription and other charges from the account specified.
  • The subscriber agrees that the address indicated on the application form is his/her chosen domicilium citandi et executandl for the purposes of giving any notice or serving any process.
• Other

  Each service or product that Webstorm may offer will have certain unique Terms and Conditions stipulated on Subscriber Agreements and such will form inseparable part of the general Terms and Conditions above.