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Terms &
Conditions of Use
Introduction
Rumba Internet
is a division of Zazu Internet (Pty) Ltd.
Access and use
of the Zazu Internet network (incorporating Rumba Internet) is sold
on a subscription basis. Zazu Internet will provide you with a
username and password to access the service and for the purpose of
this agreement, "first time use" of your username and
password, or by accessing or using any of the services provided by
Zazu Internet whether on subscription or otherwise, the user signify
acceptance of the terms and conditions of use.
We agree to
provide you with those services set forth at the time of signup and
you agree to abide by the restrictions made below. In the event of
any violation of the below terms and conditions of using our service,
we reserve the right to suspend or terminate your account
immediately, without notice. If you do not wish to be bound by the
below terms and conditions of using our service, then you may not
access the service.
Interpretation
of this agreement
In these terms
and conditions :
a.
"User" means the party who subscribed to the service and/or
any person using or accessing the service;
b. "the
service" means Internet Access as described in this document
c. "the/or
this agreement" means the conditions as set out in this
document, terms and conditions as published on our website, our
Acceptable Use Policy, e-mail policy and e-mail rules, Privacy
policy, all other terms and conditions which we may, from time to
time, impose in respect of the service, as amended and updated from
time to time
d. "Rumba
Internet" means Zazu Internet (Pty) Ltd. trading as Rumba Internet
e.
"Zazu" means Zazu Internet (Pty) Ltd.
f. "Rumba
Interactive" means Lyan Enterprises cc (Reg no : CK2000/28853/23)
Disclaimer
Although we
will employ reasonable efforts to ensure availability of the service
to subscribers at all times, you agree that we shall not be liable in
respect of any loss or damage caused by or arising from the
unavailability of, any interruption in or the use of the service for
any reason whatsoever. No warranty's are made regarding the service.
We do not guarantee that the service will be uninterrupted or error
free. We exercise no control whatsoever over the content of
information that is passed through our system. The service is
provided on an "as is" basis. Exclusion of our liability
for loss or damage will include (but is not limited to): 1. losses
caused by our negligent acts and any acts of our employees; 2. any
direct, consequential, incidental, indirect, special or punitive loss
or damage flowing from business interruption, loss of business
information, loss of data or any other cause; 3. any loss regardless
of whether a claim for such loss is based on breach of contract,
delict, breach of implied warranties or otherwise; and 4. any loss
whether it could have been foreseen or not. It is specifically
recorded that "Rumba Interactive" is responsible for web
content and marketing of the "Rumba Internet" service and
"Rumba Interactive" does not form part of this agreement.
Rumba Interactive is not associated with Zazu Internet (Pty) Ltd t/a
Rumba Internet and Zazu does not take responsibility for content
provided on the "Rumba Internet" web site by Rumba Interactive.
Responsibility
of Use
The User shall
assume all responsibility for all content distributed, accessed, or
viewed while connected to our service. Under no circumstance shall we
be held liable for your actions while you are using the service. In
the event of a court order, we may provide any and all information
that they request of us to them.
Limitation
of Liability
Under no
circumstances shall we, our agents, our providers, or employees be
liable for any damages, which result in any way from user's use or
inability to use the service or any part thereof. This includes all
direct and indirect damages, special, punitive or consequential
damages that may result from busy signals, errors, delays in the
service, deletion of files, viruses, theft, or alteration of a user's
computer. In the event that we are found liable under any
circumstance under the terms of this agreement, our liability shall
be limited to the unused balance of user's subscription payment
pro-rated to reflect the current term.
Cession,
Delegation or Assignment
Zazu Internet
shall be entitled to cede, assign, delegate or transfer any or all of
it's rights or obligations in terms of this agreement to a third party.
Age Limit
The user
represents to us that he or she is 18 years of age or older. The user
understands that certain materials available through the Internet
under the terms of this Agreement may not be suitable for individuals
under the age of 18.
Sexually
Explicit Materials
User
understands that the Internet contains unedited materials some of
which are sexually explicit or may be offensive. User accesses such
materials at his or her own risk. We have no control over and accept
no responsibility whatsoever for such materials.
Restrictions
of Use
The user
understands that the following restrictions are applied to the service:
User May Not:
- Send SPAM,
or bulk email when dialed into the network.
- Post
offensive, threatening, or SPAM, when using the newsgroups.
- Use their
personal FTP site for business sites.
- Post or
transmit viruses or any harmful component to others.
- Transmit
anything that is protected by copyright without permission.
- Attempt to
violate the security of any computer network
- Engage in
any illegal activity.
Dialup Restrictions
Although we
market the "Zazu Internet" / "Rumba Internet"
service as unlimited, and currently there are no specific usage caps
on the number of hours that our subscribers can use our service
during their monthly billing cycle, please keep in mind, that we are
a consumer service, and not designed for people who require an
"always on" connection with long periods of inactivity.
The user
agrees to allow Zazu Internet to force a 15 minute idle timeout and 5
hour maximum session on their dial-up account should it ever become
our policy. Attempts to defeat the idle timer using a ping bot or
system tool, or the use of a redialer to automatically reconnect once
disconnected is prohibited. Inactivity is defined as less than 500
bytes of data transferred between User's modem and the service.
The right to
use the Service is not transferable. Accounts are for User's use
only. User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting a system used
by multiple persons, group use of user log-ins, and consuming more
than one modem line are explicitly prohibited. If User has multiple
accounts, then User shall be limited to one log-in session per system
account at any time.
Email Restrictions
- User agrees
that Port 25 (SMTP) is blocked for all outgoing mail servers except
our own.
- User may not
send to more than 25 recipients at a time.
- User may not
attempt to send more than 100 emails per hour period.
- User may not
send from an email address that is not their own.
- User may not
send an email that is over 10 MB in size.
- User may not
forge message headers to hide the origin of their email.
- Provider may
block certain attachment types used in transmitting viruses.
- Provider may
run a virus scanner on all mail and drop mail containing viruses.
- New email is
kept on the server for only 60 days.
- Webmail
(Inbox) is kept on the server for only 60 days.
- Webmail
(Sent folder) is kept on the server for only 30 days.
- Webmail
(Trash folder) is kept on the server for only 7 days.
Right to Cancel
We reserve the
right to cancel Service for any reason without prior notice. In the
event that a user's service is cancelled by us for a reason outside
of this agreement, we will refund the user the unused portion of that
month's service at the time of cancellation.
System Backups
We do not and
will not perform system backups on any User's E-mail account(s). We
shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the
reasoning for data loss or system causes. Except as otherwise set
forth herein, we will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
No Confidentiality
Information
transmitted through us and through the Internet in general is not
confidential. We can not and shall not guarantee privacy or
protection of any User. We reserve the right to monitor any User's
transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of our company.
Privacy Policy
Zazu Internet
will not use or sell your email address or personal data to any 3rd
party, with the exception that if Zazu Internet sells the majority of
its assets or business, it may provide this data to the purchaser of
the business so that they can continue providing service to the Zazu
Internet endusers.
Payment Policy
Upon signup,
the end User will be billed and debited immediately for the prorated
portion of the month. In the event that the end User signs up for
service after the 25th, the User will be billed for the prorated
portion for the days remaining plus the next months service fees.
Zazu shall bill the User monthly in advance at the beginning of every month.
All services,
fees, subscription fees, and all other amounts payable in terms of
services rendered or products delivered in accordance with this
agreement shall be paid by way of direct debit order drawn against
the account nominated by you in favour of Zazu Internet, or in any
such manner as Zazu may instruct from time to time. You agree that by
furnishing your bank details, you authorise and instruct Zazu
Internet to draw against your nominated account, the amount necessary
for payment of the subscription due in respect of this agreement. All
such amounts will be deducted every month until termination of this
agreement, or until cancelled by the User/or Zazu in writing. All
such withdrawals from the user's bank account shall be treated as
though they had been signed by the User personally. The User agrees
to pay any bank charges relating to the afore mentioned debit order
on the User's bank account.
All recurring
transactions take place on the 1st of the month, or on the first
business day of the month. If the debit order is declined, we will
attempt a re-debit your account between the 2nd to the 15th of each
month and the User agree that Zazu may continue to do so every few
days until the subscription fees are collected. It is the End Users
responsibility to make sure that Zazu Internet always has the most up
to date contact and billing information for their account. Under no
circumstances will Zazu Internet be liable for bank fees incurred by
the User for Zazu Internet attempting to charge for service. If the
billing continues to be declined after 15 days the account may be
subject to cancellation for non-payment.
In the
instances where this agreement is in respect of services rendered
where special offers or minimum contract period/s applies, and the
User cancels this agreement, the remainder of all monthly payments
shall immediately become due and payable to Zazu Internet.
Zazu Internet
will only issue invoices on request by the client. Any billing
disputes done through the bank will result in immediate cancellation
of your Zazu Internet account. Please redirect all billing disputes
to accounts@zazu.co.za
Zazu Internet
accepts checks & bank transfers and/or deposits but only for
annual payments. Month to month or contract use will only be
available through signing of a debit order. Refunds on 12 month
contracts paid up in full or pre-paid accounts will be only given
upon request in the first seven (7) days of service if the user
states that they were not happy with the service provided and
provides a reason for cancellation.
Zazu Internet
reserves the right to amend Service subscription charges at its sole
discretion. Zazu will give the User 30 (thirty) days notice of any
such amendment and the User shall be bound to such adjustments.
Cancellation
Policy
You can cancel
your service by giving 30 days calendar notice in one of three ways.
By mail to:
Zazu Internet
(Pty) Ltd
P.O. Box 5741
Tygervalley, 7536
By fax to:
(021) 913-6254
By e-mail to : accounts@zazu.co.za
Please include
your name, address, return phone number, dial-up username, and email
address as well as a request to cancel service and the date you want
the cancellation to occur.
Accounts are
billed on the 1st day of each month. Cancellations are processed at
the end of each billing cycle. We do not offer prorated refunds for
service beyond the initial 7 day guarantee.
Failure to
Comply With Terms and Conditions
We may deny
User access to all or part of the Service without notice if User
engages in any conduct or activities that we in our sole discretion
believes violates any of the terms and conditions in this Agreement.
If we deny User access to the Service because of such a violation,
User shall not have the right (1) to access through us any materials
stored on the Internet, (2) to obtain any credit(s) otherwise due to
User, and such credit(s) shall be forfeited, (3) to access third
party services, merchandise or information on the Internet through
us, and we shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
Miscellaneous
In the event
that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions shall
remain in full force and effect.
Our failure to
insist upon or enforce strict performance of any provisions of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of this Agreement. The
user agree that any notices we send to the user in terms of this
agreement may be send via e-mail.
We may modify
this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's
acceptance of any such modification. It is User's responsibility to
check this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification of this
Agreement, User must immediately stop using the Service.
This Agreement
shall be governed by and construed in accordance with the laws of
South Africa without regard to its conflicts of law provisions. Any
cause of action User may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
We shall not
be liable or deemed to be in default for any delay or failure in
performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority,
acts of public enemy, war, riots, civil disturbances, insurrections,
accidents, dire, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials,
labor or transportation or any cause beyond our reasonable control.
Venue for
litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach
thereof, naming us as the defendant, shall be proper only in a venue
determined by us.
In any action
between us and User to enforce any of the terms of this Agreement, We
shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement
constitutes the entire agreement between User and Zazu Internet with
respect to the Service
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