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TERMS AND CONDITIONS
GENERAL
1. This is an agreement between you and LunaFibre regarding your use of LunaFibre’s products, services, computers, interactive information, communications and server management service. All such usage shall be subject to the terms and conditions contained in this agreement and the policies set out below as read with the product specific terms and conditions applicable to the relevant product or service(collectively, “the / this Agreement”)
2. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
3. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Acceptable use policy
1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
General and Acceptable Use
2. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
Unacceptable Use
3. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
4. LunaFibre’s services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
5. Due to the nature of a shared web hosting environment, LunaFibre reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
6. The LunaFibre shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
7. LunaFibre prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
8. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
9. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
10. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and LunaFibre fully and strictly reserves its rights in this regard.
--------------------------------------------------------Interpretation
11. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. LunaFibre reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
--------------------------------------------------------System and Network Security
12. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
12.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
12.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
12.3. forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
12.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Spamming
13. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
14. It is contrary to LunaFibre’s policy for customers to use our servers to effect or participate in any of the following activities:
14.1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
14.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
14.3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a LunaFibre provided server, or using a LunaFibre provided server as a maildrop for responses;
14.4. To falsify user information provided to LunaFibre or to other users of the service in connection with use of a LunaFibre service.
Determination of a breach of this Policy
15. LunaFibre will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
Consequences of breach of this Policy
16. When LunaFibre becomes aware of an alleged violation of its AUP (Acceptable Use Policy), LunaFibre will initiate an investigation (within 24-48 hours). During the investigation LunaFibre may restrict your access in order to prevent further possible unauthorized activity. If you are found in violation of our SPAM policy, LunaFibre may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, LunaFibre reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, LunaFibre will notify the appropriate law enforcement department of such violation.
17. LunaFibre does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. You shall be held liable for any and all costs incurred by LunaFibre as a result of your violation of these terms and conditions. This includes, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
19. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
20. A second violation will result in a Cleanup Fee of R3500 and immediate termination of your account.
21. The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that LunaFibre personnel must spend to investigate any violations.
--------------------------------------------------------Modification
22. LunaFibre may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
23. LunaFibre reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
--------------------------------------------------------Reporting Network Abuse
24. Any party seeking to report any violations of Luna Fibre’s policy may contact us via email: support@lunafibre.com
--------------------------------------------------------Disclaimers and Limitation of Liability
25. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
--------------------------------------------------------26. We disclaim any and all loss or liability resulting from, but not limited to:
26.1. loss or liability resulting from access delays or access interruptions;
26.2. loss or liability resulting from data non-delivery or data mis-delivery;
26.3. loss or liability resulting from acts of God;
26.4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
26.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
26.6. loss or liability resulting from the interruption of your Service.
--------------------------------------------------------27. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
28. Subject always to the provisions of the CPA, to the extent that it is applicable, LunaFibre’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. LunaFibre expressly disclaims any representation or warranty that the LunaFibre services will be error-free, secure or uninterrupted.
29. No oral advice or written information given by LunaFibre, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
30. LunaFibre will use its best efforts to maintain a full time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
31. The terms of this Section will survive any termination of this Agreement.
--------------------------------------------------------Responsibility for content and Account Holder indemnities
32. You agree to indemnify and hold LunaFibre harmless from any and all Claims resulting from or connected with any activities conducted by you. You and LunaFibre will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
33. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. LunaFibre reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or LunaFibre’s then current Acceptable Use Policy, in the sole and absolute opinion of LunaFibre.
34. LunaFibre will not change passwords to any account without proof of identification, which is satisfactory to LunaFibre, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that LunaFibre will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will LunaFibre be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless LunaFibre from any and all Claims arising from such ownership disputes.
35. You agree to indemnify and hold harmless LunaFibre and any other Account Holder from any and all Claims resulting from your use of the services provided by LunaFibre. The terms of this Section will survive any termination of this Agreement.
36. You agree not to harm LunaFibre, its reputation, computer systems, programming and/or other persons using LunaFibre’s services.
37. The terms of this Section will survive any termination of this Agreement.
--------------------------------------------------------Variation of services
38. You agree that LunaFibre may establish limits concerning use of any LunaFibre service offered on any LunaFibre website, including without limitation the maximum number of days that e-mail messages will be retained by any LunaFibre service, the maximum number of e-mail messages that may be sent from or received by an account on any LunaFibre service, the maximum size of an e-mail message that may be sent from or received by an account on any LunaFibre service, the maximum disk space that will be allotted on LunaFibre’s servers on your behalf either cumulatively or for any particular service. You agree that LunaFibre has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any LunaFibre service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any LunaFibre service may change at any time.
39. LunaFibre reserves the right to select the server for your website for best performance. You understand that the services provided by LunaFibre are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then LunaFibre has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.
--------------------------------------------------------Non-transferability of services
40. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of LunaFibre.
--------------------------------------------------------Passwords
41. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorized use of LunaFibre services, including any damages resulting therefrom, until you notify LunaFibre’s customer service.
42. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fees arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on LunaFibre.
--------------------------------------------------------Assignment of IP addresses
43. If LunaFibre assigns you an Internet Protocol address in connection with your use of the LunaFibre services, the right to use that Internet Protocol address will remain with and belong only to LunaFibre, and you will have no right to use that Internet Protocol address except as allowed by LunaFibre in its sole and absolute discretion.
43.1. In order to preserve Internet Protocol version 4 (IPv4) addressing resources due to the global shortage thereof, LunaFibre’s consumer-based internet services may make use of Carrier-Grade Network Address Translation (CGNAT), where a Customer’s router is assigned a non-globally routable private IPv4 address and outbound internet traffic is translated to a shared pool of public IPv4 addresses. Whilst LunaFibre does make use of the latest network infrastructure in an effort to mitigate limitations experienced while using CGNAT, due to the inherent nature of the technology itself we are unable to guarantee that all locally hosted services within a Customer’s network will function as intended. Some such affected services may include but are not limited to, locally hosted web and mail servers, CCTV camera streaming services and other services reliant on globally accessible static ports.
43.2. Should you want a static IP option, we can provide you with one at an additional cost on all Fibre services. Customers are only permitted one connected session per given username.
--------------------------------------------------------General provisions
44. This Agreement constitutes the entire agreement between you and LunaFibre with respect to the LunaFibre services and supersedes all prior agreements between you and LunaFibre. LunaFibre reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made. Any use by you of the LunaFibre services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
45. LunaFibre’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
46. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
47. Save where otherwise provided for in this Agreement, if you:
47.1. fail to pay any amount payable under this Agreement within ten days after receipt of written demand requiring such payment; or
47.2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
47.3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
47.4. commit any act which if committed by a natural person would constitute an act of insolvency;
47.5. become insolvent;
47.6. compromise or attempt to compromise generally with any of your creditors;
47.7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then LunaFibre shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to LunaFibre’s right to claim damages.
48. The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules).
49. You consent to the jurisdiction of the South Africa courts.
50. The LunaFibre services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
51. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.
--------------------------------------------------------LunaFibre billing terms
General
52. LunaFibre will provide you with an itemised bill / invoice via email monthly.
53. Accounts are due on invoice presentation date (“Due Date”), shown on all invoices received by LunaFibre, unless agreed otherwise. LunaFibre retains the right to impose - subject to a notice period of seven business days - a credit limit on any of its customers as and when it sees fit.
54. Some of the LunaFibre products and services are billed pro-rata if the product is ordered before the end of the month.
55. LunaFibre will provide a service as chosen by you, for the period of time (“the term”) corresponding with the payment plan specific to you, or as otherwise specified in the product terms and conditions supplied by LunaFibre. This contract will automatically be renewed at the end of the term and each successive renewal term - unless terminated.
56. Although the agreement between the customer and LunaFibre is not a credit agreement as contemplated in the National Credit Act, 34 of 2005, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that LunaFibre may utilise the information provided by you. This includes your personal information and can request and receive information about you and your credit record (“Assessment Information”) from registered credit bureaus, in order to determine whether you will be able to meet your obligations under the intended Agreement. LunaFibre will be entitled to decline to activate a product or service that you apply for if LunaFibre reasonably determines that you may not be able to meet your commitments under the Agreement.
LunaFibre is entitled to perform these assessments each time you apply for a service or product.
The consumer protection provisions of the Electronic Communications and Transactions Act, 2002, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper-based transactions, e.g., where you apply for a service or product by completing an Application Form in writing.
Effect of non payment
57. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that LunaFibre has in terms of this Agreement or in law, LunaFibre reserves the right to hold you liable for the total amount due pursuant to such invoice.
58. Interest of 2% per month may be charged on all overdue accounts.
59. LunaFibre may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
60. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
61. If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
62. If you neglect to pay the amount due in full, LunaFibre will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
63. If you neglect to pay the amount due in full, LunaFibre will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
64. In the event of suspension due to non-payment, LunaFibre reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
65. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.
--------------------------------------------------------Payment methods and fees
66. LunaFibre only accepts payments via debit order and credit card. LunaFibre accepts MasterCard and VISA.
67. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
68. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).
--------------------------------------------------------Refunds
69. LunaFibre will only refund a customer in the event of their account having a credit balance.
70. LunaFibre will process authorised refunds to customers each Friday.
--------------------------------------------------------Cancellations
71. Cancellations must be done by emailing support@lunafibre.com
72. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
73. Cancellation fees might be applied on certain Fibre Network Operators, such as Fibre Geeks. You would be liable for the R1380 cancellation fee should you cancel at any time on that applicable Fibre Network Operator.
--------------------------------------------------------Downgrades
Definition
“A downgrade occurs when changing your current package to a package with a lower cost”. Example: Changing from a Home Uncapped 50mbps account at R839 to a Home Uncapped 20mbps account at R739 would be considered a downgrade
74. Downgrades must be done by emailing support@lunafibre.com.
75. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged a rate for the existing package in the following month.
--------------------------------------------------------Dispute Resolution
General Dispute Resolution
76. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings and in accordance with the various dispute resolution procedures provided.
77. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except Billing disputes:You are required to direct a general complaint to support@lunafibre.com. The complaint is required to be accompanied by the following;
77.1. Your full particulars and contact details;
77.2. Your relationship with and any customer reference which may be applicable;
77.3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
77.4. Any relevant evidence or documentation you wish to submit in support of your complaint.
77.5. Under the ICASA Code of Conduct Regulations is required to:
77.5.1. Acknowledge receipt of your complaint within three working days; and
77.5.2. Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.
Referral of Complaints to ICASA
78. If you are not happy about the outcome of the Complaint you have the right to escalate it to ICASA. If ICASA is not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
79. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
80. ICASA can be contacted in the following ways:
80.1. telephone (011) 566 3000,
80.2. fax (011) 444 1919 or
80.3. email: consumer@icasa.org.za
81. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
--------------------------------------------------------Billing Dispute resolution
Purpose of this Procedure
82. This Procedure sets out the obligations of LunaFibre and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
83. LunaFibre’s Billing Dispute Handling Procedure is intended to service both the Customer and LunaFibre’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
84. Definitions
“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure. “Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa; “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.
--------------------------------------------------------General
85. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to LunaFibre by the Due Date of the Invoice.
86. For the avoidance of doubt the parties acknowledge and agree that:
86.1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
86.2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Webafrica as set out below).
86.3. Billing enquiries should be directed to support@lunafibre.com.
87. Please note that LunaFibre will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.
Customer’s obligations to first use this Procedure
88. As a current or prior Customer of LunaFibre, you agree to allow LunaFibre to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. LunaFibre requires and you agree that it be the first option in Billing Disputes. Should LunaFibre receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before LunaFibre has been given a chance to resolve the issue, LunaFibre has the right to collect on the rendered services and any fees associated with those disputes.
89. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, LunaFibre still retains the right to collect on any rendered services or fees that are due. Should LunaFibre be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, LunaFibre will submit the full delinquent amount for Collections.
--------------------------------------------------------Time period within which Billing Disputes can be initiated
90. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.
--------------------------------------------------------Circumstances under which payment of a Disputed Amount may be withheld
91. You may only withhold payment of a Disputed Amount where LunaFibre receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.
--------------------------------------------------------Billing Dispute Notice
92. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice via support@lunafibre.com.
93. The Billing Dispute Notice should clearly set out:
93.1. Invoice number and date;
93.2. The amount in dispute (“the Disputed Amount”);
93.3. The amount not in dispute (“the Undisputed Amount”);
93.4. The full details of the dispute; and
93.5. Any relevant evidence or documentation you wish to submit in support of your complaint.
--------------------------------------------------------Response to Billing Dispute Notice
94. Under the ICASA Code of Conduct Regulations LunaFibre is required to acknowledge receipt of your complaint within 3 Business Days.
95. LunaFibre shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
95.1. A rejection of the Billing Dispute Notice on the basis that:
95.1.1. The Billing Dispute Notice was not received by LunaFibre within 60 days from the date of the relevant invoice;
95.1.2. The Billing Dispute Notice does not contain all of the information set out in clause 93 of this Billing Dispute Procedure or was not submitted in accordance with section 90.
95.1.3. The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 85, 86.1 and 87 of this Procedure;
95.1.4. LunaFibre has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
95.1.5. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
95.1.6. LunaFibre reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
95.2. A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist LunaFibre in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by LunaFibre
95.3. A determination of the Billing Dispute and the reasons for such determination.
--------------------------------------------------------Referral to Senior Management
96. If you are not satisfied with LunaFibre’s response under section 95 of the Billing Dispute Procedure then you must notify (“SM Request”) LunaFibre within 3 Business Days of receiving LunaFibre’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 93 of the Billing Dispute Procedure, both parties agree:
96.1. To ensure that SM meets to resolve the dispute within 7 Business Days of LunaFibre receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
96.2. Any decision of SM will be final and binding on both parties.
96.3. Both parties acknowledge and agree that if LunaFibre does not receive a Notification from you in accordance with this clause 96 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 95 and LunaFibre will have no further obligations in relation to the Billing Dispute.
Resolution, Agreement or Determination
97. If stipulated under LunaFibre’s response under section 95 or where SM agree on a resolution or reach a decision under section 96 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
98. If stipulated under LunaFibre’s response under section 95 or where SM agree on a resolution or reach a decision under section 96 that LunaFibre must withdraw the disputed charge or refund a disputed charge previously paid, LunaFibre must as soon as practicable:
98.1. Credit any Disputed Amount already paid by you.
99. Where a resolution or determination is made in accordance with clauses 97 or 98 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and LunaFibre will have no further obligations in relation to the Billing Dispute.
--------------------------------------------------------Effect of this Procedure on continued service provision
100. LunaFibre will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as LunaFibre has reached a determination and communicated this to you.
101. We reserve the right, however, to take such measures immediately:
101.1. Where a determination of the Billing Dispute has been made and communicated to you; or
101.2. Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
102. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that LunaFibre shall continue to have the right to terminate or suspend the service in accordance with LunaFibre’s rights under the agreement that you have with LunaFibre.
--------------------------------------------------------Confidentiality
103. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.
--------------------------------------------------------Request for Reconciliation or Historical Information/Reporting
104. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
105. However should the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via email, a once off administration charge of R150.00 per request will be applied to your account.
--------------------------------------------------------Referral of Billing Disputes to ICASA
106. If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
107. ICASA can be contacted in the following ways:
107.1. telephone (011) 566 3000,
107.2. fax (011) 444 1919 or
107.3. email: consumer@icasa.org.za
--------------------------------------------------------Use of Account Holder information for promotional purposes
LunaFibre may include your name and contact information in directories of LunaFibre’s service subscribers for the purpose of promoting the use of the services by additional potential customers. However, LunaFibre is not authorized to print your name, trademarks or other identifying information in any other advertising or promotional materials without your prior written consent.
--------------------------------------------------------FIBRE INTERNET
PREMIUM, FIBRE ROUTER:
Our premium Fibre routers are exactly that - free to use for as long as you are with LunaFibre and using the relevant service. If you cancel your service within the first 12 consecutive months, ownership of the router will automatically be transferred to you and you will be billed the original retail value of the premium router supplied.
INSTALLATION AND CONNECTION PENALTY FEES:
LunaFibre reserves the right to charge you the full installation and connection fees should you cancel within 12 consecutive months from the date of activation. The penalty fees may be disregarded if the service is active with LunaFibre for longer than 12 consecutive months. Installation and connection fees may differ based on Fibre provider, purchased date and line speed.
Please note that even if you already had an ONT installed before ordering with LunaFibre, the Fibre Network Operator (FNO) might still charge us an installation and connection fee, and as result we will need to include this in the claw back fee if you cancel in your first 12 months of service.
NON PAYMENT OF INVOICES:
Please note, in the event that an invoice is not paid by the due date, your service will be suspended and we reserve the right to cancel your fibre line with the underlying fibre infrastructure provider.
In the event that you reconnect / re-activate your account after it has been cancelled, you will be charged any reconnection fees which the underlying service provider may charge us to reconnect your account.
Payment of outstanding fees by EFT/Bank deposit is not recommended for outstanding fees as this can take several days to reflect in our account and you may still be suspended. We recommend using the Netcash payment link, giving you the option to authorise payments via email, sms or qr-code to make immediate payment.
If you are moving to a new service with LunaFibre, and you cancel your current service, there may be connection fees applicable for your new service. These will be clearly communicated to you in the selection pane when you place your order.
--------------------------------------------------------FAIR USAGE POLICY (FUP):
--------------------------------------------------------This Fair Usage Policy (FUP) outlines the terms and conditions governing the use of our internet services provided by LunaFibre. By subscribing to or utilizing our internet services, you agree to abide by this policy, which aims to ensure fair and reasonable usage of our network resources while promoting a positive online experience for all users. We kindly req uest that you carefully read and understand this policy.
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Acceptable Use
1.1. You are required to use our internet services responsibly and lawfully. It is strictly prohibited to engage in any activities that violate applicable laws or infringe upon the rights of others. Examples of such prohibited activities include but are not limited to: a. Unauthorized access to computer systems or networks. b. Distribution of malware or malicious software. c. Sending spam or unsolicited commercial messages. d. Violation of copyright, trademark, or intellectual property rights. e. Promotion or engagement in illegal activities.
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Bandwidth Usage
2.1. Our internet services provide you with a designated bandwidth for your use. Excessive usage or unfair consumption of bandwidth that negatively impacts network performance and the experience of other users is not permitted. 2.2. The determination of excessive usage rests solely with us. We may monitor your usage patterns and undertake appropriate measures to ensure the equitable allocation of resources. 2.3. In instances of excessive usage, we reserve the right to take the following actions: a. Implement usage limitations or restrictions. b. Prioritize network traffic for non-excessive users. c. Temporarily throttle or reduce your connection speed. d. Provide notification and discuss alternative solutions.
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Prohibited Activities
3.1. The following activities are strictly prohibited when using our internet services: a. Hosting servers or services that generate high inbound or outbound traffic without prior approval. b. Engaging in peer-to-peer file sharing that infringes upon copyright laws. c. Participating in activities that disrupt or harm the network or other users' experience. d. Running network services that are prohibited or unauthorized. e. Engaging in any activity that compromises the security or integrity of our network.
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Data Usage
4.1. Unlimited data plans are subject to fair usage limits. Excessive data usage that affects network quality or impacts other users may be subject to review or additional charges. 4.2. We reserve the right to monitor data usage and take necessary actions to ensure fair usage for all customers. 4.3. Any data usage restrictions or charges will be communicated to you in advance, providing reasonable notice.
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Compliance with Laws
5.1. It is your responsibility to comply with all applicable laws, regulations, and policies regarding the use of the internet and our services. 5.2. We cooperate with legal authorities and may disclose your information or take necessary actions to comply with legal obligations, protect our network, users, or the general public.
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Changes to the Fair Usage Policy
6.1. We reserve the right to modify or update this Fair Usage Policy periodically. Any changes will be communicated to you through appropriate means, such as email, website notifications, or other reasonable methods. 6.2. It is your responsibility to periodically review the FUP and ensure compliance with the most recent version.
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Termination of Service
7.1. Failure to comply with this Fair Usage Policy may result in the termination or suspension of your internet services, as determined by us. 7.2. We reserve the right to terminate or suspend your service without prior notice if your activities pose a risk to the network or its users. Please note that this Fair Usage Policy is in addition to our general Terms and Conditions and Privacy Policy
