Terms and Conditions

Acceptance of Terms

I accept and understand that:

The service will be subject to:

  1. Provisions of the Electronic Communications Act No 36 of 2005 (“the ECA”). Telkom’s Public Switched Telecommunications Service License Conditions, SAIX & MTN Conditions of Service as amended from time to time. (A copy of these conditions is available from Telkom, SAIX & MTN).
  2. I will rent the service for the contract term as indicated in this order. Cancellation via control panel is the accepted cancellation method.
  3. Futech will be entitled to change the price of any service purchased or discontinue a service or product type. Futech endeavors to provide clients with reasonable notice of such changes.
  4. Futech reserves the right to limit the methods of payment options per service or product type.
  5. Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees and my services will be suspended.
  6. Futech will be entitled to verify the information contained on the client’s order form and generally make enquiries it deems necessary. Futech will also be entitled to furnish any information regarding the client’s account with Futech and his compliance with these conditions to any credit bureau / Bank.
  7. I/we hereby indemnify Futech against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
  8. All services sold by Futech are sold as a best effort service, throughput is in no way guaranteed.

All links provided here-in where you are directed to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions you are accepting the Terms and/or Policies represented on these pages.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Mobile App (In Development)

The use of the Mobile Control Panel via your mobile device is subject to all Terms & Conditions in its entirety. Purchases made via the mobile control panel will be processed against your default payment method immediately, you will be required to re-enter your password before any purchases are completed. You can view your default payment method via the Client Control Panel using your client code and password.

The Mobile Control Panel will be offline on the last day of the month from 7pm until 1am on the first day of the new month in order for month-end processes to be run. The application will remain open and live on your mobile device until the sign-out option is selected.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of Futech or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

  1. How these terms apply to you

1.1. The basic services offered by this website “Futech” are provided to you free of charge: on an “as is” and “as available” basis. Futech uses its best efforts to maintain the quality of its services, but you should not assume that Futech is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

  1. Content and Disclaimers

2.1 Futech links you to sites and information located worldwide throughout the Internet. Because Futech has no control over such sites and information, Futech offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
2.2 Futech shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

2.2.1 any unauthorised access of this website by third parties
2.2.2 any breakdown or failure of any equipment or medium of access to this website
2.2.3 any failure or unavailability of Futech or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
2.2.4 the destruction or accessing of the User’s data or equipment
2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

2.3 You hereby indemnify Futech against any demand, claim or action against Futech relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
2.4 Futech reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
2.5 Unless expressly stated to the contrary, Futech owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Futech. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

  1. Evolution and the need for flexibility

3.1 The Internet in general is rapidly evolving and Futech is new and in constant development. Futech reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. We will notify you of changes to these Terms or the Privacy Policy by sending you an e-mail to your registered e-mail address. If you do continue to use Futech after a change to the Terms or the Privacy Policy and given notice to you in any of this way, you shall be deemed to have agreed to the relevant variation.
3.2 Over time Futech intends to expand the services that you are offered. When a new service is introduced Futech may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.
3.3 Futech may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access Futech. These limits may vary over time without notice to you.

  1. Access to Futech and Registration

4.1 As Futech evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use Futech caused by your failure to do so.
4.2 Some parts of Futech may be accessible only to users who subscribe or pay a “per-use” charge. These sections will be clearly marked.
4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by Futech “User Data”. If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.
4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if Futech has reasonable grounds to suspect that any User Data is inaccurate or incomplete Futech may suspend or terminate your account and access to the services.
4.5 You may unsubscribe from Futech at any time by contacting Futech at support@futech.co.za

  1. Your obligations

5.1 You acknowledge that by using Futech and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Futech is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
5.2 You must not use Futech in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
  4. Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
  5. Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
  6. Withdraw any Promotions, Special Offers, Specials or Competitions at any time.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Cookies may be blocked using an ad blocker or enabling privacy settings on your browser

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Errors and Omissions Excepted

Neither Futech. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, Futech. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@futech.co.za.

Futech shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Futech. will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Telkom Mobile Data SIM and Fixed Wireless

Telkom Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ according to the type of connection made. Average speeds within the specified coverage areas range between 10Mbps and 50Mbps. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a minimum calendar months’ notice (promotions may carry additional t’s & c’s) and must be submitted via the Email, cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (except the last 2 days of each month) but the new service will only be effective from the 1st of the following month. The monthly data is referred to as anytime data, free data which can be used between 12am and 7am is referred to as night surfer data. Where applicable anytime data is valid for 60 days from purchase (not exceeding 2 calendar months inclusive of the month of purchase) and the night surfer data is valid for 30 days from purchase (not exceeding the month of purchase). You are able to purchase additional data (Top Up) should your monthly allocations run out. Top Up is a once off purchase which you pay for immediately. Where applicable unused data will only rollover if the service is active and paid up to date. Where applicable unused anytime top up data is valid for 60 days from purchase and night surfer top up data is valid for 30 days from purchase. The Telkom Fixed LTE 10GB+10GB service does not include rollover of anytime data or topup data, the data is available in the month of purchase only.

Data is used in the following sequence:

  • Anytime data
  • Anytime top up data

During Night Surfer Hours 12am to 7am

  • Night surfer data
  • Anytime data
  • Anytime top up data

Data usage information and data balances are provided to Futech once every 24 hours by Telkom. This information will be updated as received and can be viewed in the Control Panel.

This service is a mobile wireless service which can be used anywhere within Telkom Fixed LTE Coverage areas. Futech will not provide Support Services when the service is used outside of a coverage area. Clients who proceed with the purchase of the service and are not covered under the Coverage Map at the address they intend to use the service at do so at their own risk, service is in no way guaranteed in areas not displayed on the coverage map.

Services purchased packaged together with a modem must be used in the modem provided, failure to do so may result in the service not working. The make and model of the modem will be determined at Telkom’s discretion.

The modem carries a 1 year Warranty if ordered through Futech together with the Telkom SIM, device warranty claims for the modem will be handled by Futech who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, Futech has a 5 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. The cost of returning the device is the responsibility of the client and will be charged to the clients account if arranged by Futech.

A prorata invoice will be generated on the day of purchase and debited accordingly. On the day of activation, we will allocate a prorata amount of data. We will re-calculate the amount due according to the date of activation and credit the initial prorata invoice generated on the purchase date. Any credit amounts will be used towards the next invoice due and any amounts due will be processed immediately against the default payment method on the profile.

The SIM/Device will be delivered within 10 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 72 hours for activation of the service.

The purchase of the Telkom Fixed LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents on delivery and the documents will be sent to Futech, as such please be advised that your personal details can be received by a courier, courier company and Futech. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law. Together with these Terms & Conditions the purchase and use of this service is subject to the Terms & Conditions of Telkom SA SOC Limited which can be found here: http://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml

Sim swops will be processed where possible at no charge. The delivery fee for the new sim will however be charged to the clients account.

 

Updated 2020-05-08

Policies and Procedures

Privacy Policy

We at Futech have designed our business practices to safeguard your privacy. This privacy policy applies to all the web pages related to this website.

You can visit www.Futech.co.za without revealing who you are or providing any personal information about yourself.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

There will be times, such as when you submit a questionnaire, request a service, purchase a product, etc., when we will need to obtain personally identifiable information from you or about you. Such personally identifiable information may include your name, home address, e-mail address, telephone number, identity/passport number, income, credit references, etc. The information we receive about you or from you may be used by us or shared by us with our corporate affiliates, agents, vendors and others to help process or complete a transaction; to comply with any law, regulation, audit or court order; to help improve our website or the products or services we offer; for research; to better understand our clients’ needs; to develop new offerings; and to alert you to new products and services in which you may be interested. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. By accepting these Terms & Conditions you consent to receive informational material from us, this would include promotions, price changes and information related to your services. We believe that knowing more about you can enable us to serve you better.

You should be aware that we collect usage information about you when you visit us, which helps us understand how our site is navigated, how many visitors arrive at specific pages, the length and frequency of a stay at our website, etc. In addition, Futech web pages may place “cookies” on your personal computer. “Cookies” are small identifiers, similar to a license plate, that help us to recognize you if you visit our website again. Cookies are used to help us personalize your viewing experiences. Cookies are not designed to be used to get data from your hard drive, your e-mail or any other personal data about you. You can reject cookies by changing your browser settings. Please note, however, that if you reject our cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you or your application, inquiry or purchase more than once.

We safeguard your information using known encryption, security standards and procedures. We also assess new technology for protecting client information on an ongoing basis.

Please be aware that we may change our Statement of Privacy from time to time. If we do, we will update this Statement of Privacy at our website, so be sure to check back here frequently.

If you have any questions about our Statement of Privacy or privacy policies, please feel free to e-mail your questions to us at info@futech.co.za

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site and related pages. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Service Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24-hour, 7 day a week support number is 0861 300 900.

Service Levels

All services sold by Futech are provided as a best-effort service, uptime and speeds cannot be guaranteed unless otherwise stated. During any technical failure, modification or maintenance of the service provided, Futech will use its reasonable endeavours to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of Futech DSL.

Static IPs

Minimum Requirements

  • Only one static IP can be linked to one active ADSL service (username)
  • A static IP cannot be transferred from one service to another
  • The static IP will remain active as long as the ADSL service (username) it is linked to is active, should the ADSL service (username) it is linked to be cancelled, the static IP will automatically be deleted. Please be aware that once the static IP is deleted it cannot be recovered, should you repurchase the service a new static IP will be issued.
  • Failure to pay for your static IP and linked service before the due date will result in the static IP being deleted, once the static IP has been deleted it cannot be recovered.
  • A static IP can be cancelled during the course of a month, but the cancellation will only take effect at the end of the month. E.G if we receive your cancellation on the 1st or 15th of July, the static IP will only be deleted on the 31st of July at 11:59pm.

Due to privacy and security concerns, internal network configurations like NATting and routing will need to be set up and maintained by your network administrator.

Static IPs are available for all monthly billed services, except SAIX based services and trial services.

All Static IPs on our new network are now allocated per region:

  • North = Free State, Gauteng, Mpumalanga, Limpopo, North West
  • East = KwaZulu-Natal
  • South = Eastern Cape, Western Cape and the Northern Cape

To give you optimal routing and throughput, we need to lock your DSL service down to the last DSL line you connected from.
Should you move to a different region and would like to connect from your new location, then you will have to cancel your current Static IP and apply for a brand new Static IP address. Futech does not advise that Dynamic/Static IP’s are used to run email servers. Should the client choose to use our Dynamic/Static IP services to run an email server it is the client’s responsibility to monitor and request removal of all blacklisting’s related to the IP on services such as RBL’s/SBL’s/PBL’s and not the responsibility of Futech.

When you enable the Static IP option in your Control Panel, we will force your service to disconnect in order to establish your region, so that we can allocate the appropriate Static IP in your area.
The username will be locked to the first successful connection we receive, meaning no other connections can be established from another location.

Also note that the service will only allow one concurrent connection.

For additional support please go to www.portforward.com

Futech DNS Suite

Futech DNS
When enabled, the Futech DNS feature will direct your DNS traffic through the geographically closest operational DNS server to you. This feature also enables clients to make use of the Family Futech feature. Should the Futech DNS not be accessible the Default DNS will be used, during this time the Family Futech feature will not be available until the Futech DNS is restored.

Family Futech
Family Futech is a feature provided with the activation of Futech DNS. This feature blocks unwanted domains within pre-defined categories from being accessed. We do our best to block unwanted domains; we however cannot guarantee that domains within the categories selected will not be accessible. Domains found accessible within a selected category can be reported to info@futech.co.za.

Custom/Corporate DNS
This feature allows you to specify the DNS server settings you would like applied to your service. Futech accepts no responsibility for service interruptions when activating and using this service.

Remote Futech
This feature allows you to create a unique hostname (static sub domain) which will allow you to remotely access your router/modem. The setup of port forwarding and the network configuration is the responsibility of the client and is required in order to use this feature. Futech takes no responsibility for this feature not working due to the incorrect setup or configuration on the client’s end. The security of the client’s connection and network remains their responsibility when using this feature. This feature is provided as a best effort service and is not guaranteed.

Delivery Policy

This delivery policy applies to services delivered by an Futech appointed representative only. The delivery of certain products/services sold by Futech are handled directly by the supplier or provider. In these cases, the delivery policy will be stated in the Terms and Conditions for that particular product/service. If you are not sure please contact us so that we may advise you on the delivery policy that applies to your purchase.

Delivery times stated are not guaranteed but are generally attainable within major centres. A possible delay of 24 to 96 hours can be expected outside of major centres and additional delivery costs may apply. Some deliveries might require that information or documents must be produced and copies thereof provided during the delivery, this will be communicated on purchase of the device or product if it is required.

A physical address is required for the delivery of your order. Orders to Post boxes/Private bags/Post Offices will not be accepted.

Deliveries take place on weekdays during business hours and exclude weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter.

Delivery times may be delayed should the need arise for clearance of payment. Clearance for debit order payments may take up to 10 days to clear.

Futech will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Futech. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

The Courier Delivery Fee charged during checkout may differ once your order is finalised. Should this occur, we will contact you before proceeding with the delivery of your order.

Refunds Policy

Refunds will not be granted for services purchased in error. Should it be proven that a service is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an Futech DSL banking account erroneously will also have a 15% fee levied to cover our bank charges and will only be considered for processing 7 days after the original payment date. Refunds for debit order and credit card payments are processed after the second week of the month.

Cancellations Policy

The cancellation of a product or service is the Clients responsibility. Cancellations must be actioned from the Control Panel. Email, fax and telephonic cancellations will not be accepted, all cancellations must be processed via the Control Panel. Failure to cancel your services will result in your service or product being activated for the new month and therefore liable for payment. A minimum calendar months’ notice is required for all services unless otherwise stated. Promotions carry additional Terms and early cancellation fees may be payable.

Futech will not be responsible for incorrect cancellations processed via the Control Panel, or be liable for any losses incurred.

Security Policy

Credit Card transactions are processed via our payment service provider PayFast
As a payment gateway PayFast does not and cannot verify, authorise or settle any transaction. PayFast provides the conduit (the messenger) for information between the merchant and the merchant’s bank.

All PayFast Terms and conditions can be viewed at https://www.payfast.co.za/end-user-agreement

Payment Options and Terms

All transactions will be processed in South African Rands (ZAR). We do not extend credit and payment is required up front, services will not be activated without payment.

Credit Card Authority
By supplying your “credit card/debit card/cheque card” hereafter referred to as “account/card” details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/we hereby request and authorize you to draw against my/our card (or any other bank or branch to which I/we may transfer my/our account/card) the due amount or any variable amount pertaining to this agreement, on the first working day of each month. This being the amount necessary for the settlement of the monthly invoice and/or any overdue amounts, due to you in respect of my/our purchases/contract/agreement.

All such withdrawals from my/our account/card by you shall be treated as though they had been signed by me/us personally. I/we, “instruct” and authorize your agent, or by computer through a system provided by the South African Banks to draw against my/our account/card.

I/we understand that if account/card details have been supplied the withdrawals authorized here will be processed by BankServ. I/we also understand that details of each withdrawal will be printed on my/our statement. I/we agree to pay any banking charges relating to this debit instruction. This authority may be cancelled by me at any time by updating/changing the payment method from within the Control Panel.

Renewals (monthly invoice) will be processed on the first working day of every month. If your payment fails, your service(s) will be disabled immediately Please note that if you are cancelling your service(s) with Futech, you need to cancel via your control panel before the last day of the month if you are paying via account/card (excludes debit order payments). Failure to do so will result in the product being activated and the monthly subscription being debited.

All other account/card instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription, will be processed on a daily basis.

Debit Order Authority
This Authority and Mandate refers to our contract as dated as on acceptance hereof (“the Agreement”). I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account or credit card at my / our above mentioned bank (or any other bank or branch to which I / we may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us.

The individual payment instructions so authorised to be issued must be issued and delivered as follows

  1. On the 1st working day (“payment day”) of each and every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account.

Debit orders will be processed on the first working day of every month for renewal services. If your debit order fails, your service(s) will be disabled immediately. Your debit order against your bank account is an automated process and cannot be stopped after the 24th of each month. Please note that if you are cancelling your service(s) with Futech, you need to cancel via the control panel by the 24th of the month for the end of the following month.

All other debit order instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription debit orders, will be processed on a daily basis. Should you order a new service or upgrade your existing service after the 24th of the month, your first renewal debit order thereafter will remain unchanged and an additional debit order will be processed for the price difference within the first 5 working days of the month. The following month the full amount for the updated services will be processed in a single debit order. Should you cancel one of your services or downgrade a service after the 24th of the month, your first renewal debit order will remain unchanged, but the price difference will reflect as a credit on your account, which can either be refunded to you or will automatically be deducted from your next debit order.

I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.

Debit Order Mandate
I / We acknowledge that all payment instructions issued by you shall be treated by my / our above-mentioned bank as if the instructions had been issued by me personally.

Debit Order Cancellation
I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.

Debit Order Assignment
I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

Debit Order Contract
The signed Authority and Mandate refers to our contract as dated as on signature hereof (“the Agreement”). I / We hereby authorize you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing sent by email to accounts@futech.co.za by no later than the 20th of the month or by logging in on your control panel and updating your payment method by no later than the 24th of the month.

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. The bandwidth on a per gig service will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date. In the event that Prorata is not being subtracted by the transaction, the customer’s account will be credited for the over charged amount.

Service Changes (Applies to DSL, Fibre, Mobile and Voice)

Service Changes are changes to the product, speed, combo or data purchased which changes the renewal of the service/s and are billed prorata.

For ease of understanding, services referred to as Upgraded services are services which result in a price increase on the next renewal and Downgraded services are services which result in a lesser billed renewal than the current service.

New services can only be set to Downgrade from the second month (month after activation) and will only apply from the following month (month 3).

Clients are not able to service change to an Upgraded service and then service change to a Downgraded service in the same month. The Upgraded service change must first be renewed before a Downgrade can be set for the next renewal.

Example: A Mobile Data service is service changed from 1GB to 5GB in August. The client will only be able to set a service change to a Mobile Data service smaller than 5GB during the month of September for October as the service must first be renewed on 1 September at 5GB before it can be downgraded.

Usage Notifications

Futech will send an email/sms notification to all data users who have not opted out of receiving notifications when their data usage reaches 50%, 80% and 100% of the available total. These notifications will be based on the information available to us at the time of sending the notification from our system and as such cannot be guaranteed to be 100% accurate when received by the client.

Our banking details

Please note: When making a payment use the bank beneficiary Futech DSL.
Detailed instructions can be found on our website.

Debit Orders / Credit Cards

All transactions will be processed in South African Rands (ZAR). We accept credit card and debit order as methods of payment. We do not extend credit and payment is required up front, services will not be activated without payment.

As of 1 October 2014 we no longer accept Cash Deposit and Electronic Funds Transfer (EFT) as a method of payment. Clients who are in the process of transitioning to Credit Card or Debit Order will continue to be bound by the conditions below until the transition to Credit Card or Debit Order has been completed:

  • All manual (cash deposit/EFT) monthly payments must reach us before 5pm on the last day of the month, failure to do so will result in all services being suspended until payment is received.
  • Always use your six digit account number as your reference when making payment to avoid delays in your payment being allocated.

Failure to make payment by the due date will result in your services being suspended. Failure to pay your hosting and or domain registration on the due date may result in your domain name being deleted by the registrar and become available to the public for re-registration. Failure to pay your ADSL Line services on the due date may result in your ADSL Line services being transferred to Telkom and Telkom will continue to bill you for this service.

Please email your Proof of Payment/Cash Deposit slip to info@futech.co.za, please remember to use your six digit account number as your reference when making your payment.

Month End

Please note that the control panels will be offline between 19:00 and 00:30 on the last day of every month due to various monthly processing operations that need to be performed. Services that have reached 100% usage will be capped and you will not be able to top up until 00:30. Please ensure that all new purchases, service changes and top ups have been processed before 17:00 on the last day of the month to ensure that your request is actioned before 19:00.

ADSL and VDSL Services

The maximum achievable speed on all DSL Data services is 40 Mbps. If you are using a Fibre Line and would like to achieve speeds higher than 40 Mbps, please consider using our Fibre Data services.

Some of the uncapped services may be affected by a FUP (Fair Usage Policy) or AUP (Acceptable Use Policy) to ensure balanced network performance.

All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Prepaid services are a once off purchase and are valid for a period of 12 months (1 year), you are able to top up the prepaid service with additional bandwidth of the same service type at any time, with each top up the validity of the prepaid service will be extended with an additional 12 months (1 year).

The capacity of the Network and available bandwidth is in no way guaranteed on any of the bandwidth-based services offered by Futech and as such we reserve the right to manage (shape, throttle, limit protocol through-put) all services in accordance with the available network capacity at all times. Our first priority will always be to provide the best possible experience to all of our users when/if it becomes necessary to manage services.

Capped Services

Rollover of Data
Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top up data.

The most recent rolled over data will be used first, working on a system of last in first out.

EXAMPLE
The monthly renewal on a 10GB service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the ADSL line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP’s (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy, By accepting the Terms and Conditions, you also agree to the AUP.

Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

Combo Services

  • Combo Pricing
    Combo pricing applies to one data service and one ADSL line tied together as a combo. The process of transferring/activating the ADSL line takes place at the time of the order and cannot be ordered for a future date. Once a service is combined, the DSL service will be locked down to the DSL Line, the service cannot be used on a different DSL Line.
  • Line Transfer Combo
    On initial sign up a discounted amount will be billed for the data portion of the combo and there will be no charge for the transfer of the ADSL line if it takes place in the current month. A discounted amount will be billed on transfer of the ADSL Line at any time other than the current month. The full combo price will be billed on the 1st of the following month.
  • New Line Combo
    A discounted amount will be billed for the data and ADSL Line once the ADSL Line is activated by Telkom. The service on the combo will be activated once payment is received for the amount billed. The full combo price will be billed on the 1st of the following month.
  • Permanent Upgrade/Downgrade of Combo
    In order to upgrade/downgrade your existing combo you will need to first split the combo. Once the combo has been split, the changes can be made and the services can then be combined again. The new combo price will be billed on the 1st of the following month.
  • Cancellations
    In order to cancel one or both services within a combo it is necessary to first split the combo. Once the combo has been split the desired changes can be made.
  • Splitting Combos
    When combos are split they will be billed at the stand-alone price per service.
  • Combining Existing Services
    When services are combined the combo price will apply from the 1st of the following month.

* Combo pricing excludes already discounted services and special offers
* Combo pricing applies to selected products only

Telkom ADSL Lines

By purchasing/applying for an ADSL Line service it is agreed that you accept and agree to the Terms & Conditions as stated below:

I/We hereby authorise JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech to apply for a new convert, migrate, migrate back, convert back of my/our ADSL Line from Telkom SA Ltd or my current ADSL Line Supplier on behalf of Telkom:

In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the client, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Telkom SA Ltd. runs automated health checks on all ADSL Lines and might adjust the speed of your line in order to supply the best service possible. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the client’s account will be credited accordingly. JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech will on behalf of our client as far as possible deal with Telkom SA Limited on the client’s behalf. Should a fault be logged with Telkom SA Ltd. on the client’s ADSL Line which results in a Technician being dispatched and it is found that the fault is due to faulty equipment or incorrect setup of equipment by the client an Unnecessary Call-Out charge may be charged to the client’s Futech account. Any credit due to the client by Telkom SA Limited after the transfer of their ADSL Line to JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech remains the responsibility of Telkom SA Limited and the client will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech. Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately.

In order to transfer an existing ADSL Line from Telkom/another ISP to Futech Ltd it is necessary for the client to request their current ISP/Telkom to perform a migrate back application. Only once the migrate back application has been completed will JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech be able to apply for the transfer. During this process of transfer between ISP’s/Telkom the ADSL line will be in a suspension state with no ADSL access. The client has 30 days from the date of the migrate back application to request re-activation of the ADSL Line, if the re-activation is not done within 30 days, the ADSL Line will be completely cancelled. Applications received where the incorrect number has been supplied by the client will be charged for until the application has been cancelled by Telkom. No refund requests will be considered where the incorrect number was supplied on application.

The client will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line.

The ADSL line rental will be billed to the client by JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech together with any other services provided to them. On completion of a new, transfer or upgrade/downgrade of an ADSL Line an invoice will be generated and debited via the clients nominated payment method.

Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be migrated back if the outstanding amount is not settled within 7 days. A migrate back will result in the ADSL Line being suspended and completely cancelled 30 days thereafter if the outstanding amount is not settled.

Payment for the rental of the ADSL Line is due before the 1st of every month, failure to pay will result in the ADSL line being migrated back. Should you approach Telkom directly to have your telephone number ported, the ADSL service on your line will automatically be cancelled. Please advise us of your intent to port (move) your telephone line to a new address so that we may arrange for the ADSL line to be moved together with your telephone line. Should an incorrect telephone number be provided for the ADSL line and the service is successfully activated, the client will be liable for any costs arising from the activation of the ADSL Line service.

Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month and the cancellation may be subject to early cancellation fees.

Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or migrate back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/migrate back will be actioned before the last day of the month or only take place the following month.

Please note that as standard practice the up to 20Mbps VDSL service is activated by Telkom as an ADSL2+ service which has a lower upload speed than the VDSL service. Please contact us on 081 311 1262 or Info@futech.co.za should you wish to change to VDSL. We will then submit a request to Telkom to have the line changed to VDSL if possible. The upload speeds for up to 20mbps ADSL2+ are 1Mbps and the upload speed for up to 20Mbps VDSL is 2Mbps.

Queries pertaining to your ADSL line can be directed to Info@futech.co.za during office hours.

Telkom terms and conditions can be found at: http://www.telkom.co.za/sites/aboutus/regulatory/termsandconditions/

Fibre Services

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider (or FLP). Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Futech a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/Futech or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Futech only offer Fibre to the Home services through our Fibre Line Providers at this time.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Futech, the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days’ notice depending on the Fibre Provider, the earliest date for a downgrade request will be displayed in the Client Control Panel when submitting the request. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel at least a calendar month before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel. Cancellation requests which do not adhere to a calendar months’ notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R4 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order, it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of Futech bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Capped Services

Rollover of Data
Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top up data.

The most recent rolled over data will be used first, working on a system of last in first out.

EXAMPLE
The monthly renewal on a 10GB service is 10GB. The monthly renewal on a service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the Fibre line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP’s (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy, By accepting the Terms and Conditions, you also agree to the AUP (Acceptable Use Policy).

Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

Voice Services

THESE PRODUCT-SPECIFIC TERMS AND CONDITIONS NEED TO BE READ IN CONJUNCTION WITH THE GENERAL TERMS AND CONDITIONS. WHERE ANY DISCREPANCY OCCURS, THE PROVISIONS OF THESE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY.

Voice

Voice over IP is an alternative means of making and receiving phone calls via a VoIP device (handset) or Application. VoIP calls are terminated by making use of an internet connection. The VoIP service sold by Futech is a standalone service and does not include, the hardware, the physical internet connection or data required to use the service. The service can be used anywhere in South Africa and is not limited by geo-location. The quality of the calls made and received using the VoIP service will be determined by the internet connection being used.

Please refer to the table below which sets out the call termination rates. Voicemails received on your allocated number will be emailed to the provided email address.

The billing and call time for a new service purchased is Prorated. The service is a monthly billed service which will continue on a month to month basis until cancelled. Call time not depleted within the month of purchase will rollover to the following month for a maximum of 3 months before falling away.

Rollover Explained
As your call time is exhausted the unused call time from the oldest months accumulated call time will be made available. In order to use your rollover, you must first deplete your monthly call time (allocated on the 1st of every month), once the monthly allocation is depleted your rollover call time will automatically become available.

EXAMPLE
You have not used up all your call time for June, July and August. In September you run out of call time, we will automatically allocate the unused call time from June to your service first. If you deplete this call time too, we will automatically allocate the unused call time from July and if you deplete this, we will automatically allocate the unused call time from August. If you reach the end of September and you only needed to use your rollover call time from June and July, the unused credits from August will be available to use in October. Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason all call time that has accumulated will fall away and will not be re-allocated on payment for the service. Should you cancel your service any accumulated call time will fall away.

Clients are able to purchase once off additional call time during the course of a month, this unused call time will rollover as the monthly call time does. Once your available call time has been exhausted you will not be able to make any outgoing calls until additional call time has been purchased. Clients are able to view their available Call Time balance in the Control Panel as well as via our Mobile App. Updating of additional call time, balances and service changes can be delayed by up to 15 minutes.

New purchases are subject to payment clearance as well as RICA. Call Time will only be available once payment has cleared and the RICA verification has been completed. Failure to pay for your service will result in the suspension of the service until payment in full has been received, you will not be able to make or receive any calls while the service is suspended. Should your debit order or credit card payment fail your service will be suspended immediately and only reactivated once payment has been received.

Cancellation of this service can be requested via the Client Control Panel before the 25th of each month. Once cancelled your allocated number will no longer be available and cannot be reactivated once cancelled.

Itemized billing can be downloaded via the Control Panel at any time. Calls made from an Futech VoIP number to another Futech VoIP number are zero rated – free of charge.

Our Call Rates are determined through continuous negotiations between our Upstream Providers and Telecom Carriers around the world and therefore are subject to change without notice and may vary from the listed prices in the call rate document.

Per second billing applies once the minimum call rate of R0.34 (incl. vat) has been reached, please note that not all calls are subject to a minimum call rate, please refer to the rate sheet via the link below.

Futech assumes no liability for the functionality and performance of any third-party software that is used to terminate this service.

VoIP – Porting

Clients are able to port their existing residential Telkom or Neotel numbers to Futech. Supporting documents such as but not limited to ID Copy, Proof of payment for current account with the Operator you are porting away from as well as the latest invoice will need to be uploaded on signup. Numbers ported to Futech with a DSL line service on will be allocated a new telephone number once porting has taken place as you require a telephone service in order to have a DSL Line. Once porting has taken place for either a stand-alone telephone line or a telephone line with DSL on the client will have to contact the provider to cancel their unwanted services with them, Futech will not automatically do this. Please note that there is a possibility of up to 24 hours of downtime during the porting process. The porting of numbers takes approximately 14 days to be completed from application to porting. Please be aware that once a port has successfully been completed, the number cannot be ported away for 60 days thereafter.

VoIP – RICA

By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

All VoIP services are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008), this includes the porting of a number from another provider to Futech. Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. The required documents must be uploaded during the sign-up process in order to complete the verification and purchase. The information supplied will be verified via a 3rd Party Provider, the client will be informed in the event of verification failure and will be provided with the steps to rectify any errors. Failure to verify the information provided will result in the product not being activated, regardless of any amounts billed. Your personal details will only be used for the purpose of RICA and for no other reason provided it is not required by law.

The person signing up for the VOIP service/port will be listed as the RICA individual for that service number. Should the order be for business purposes an authorized representative must be nominated and will be vetted in his/her own capacity on behalf of the business. Clients will be required in terms of the Act to keep their physical address updated with Futech for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation will be required for the RICA verification:

For a Natural Person:

  • Proof of Identification
  • Proof of Physical Address (Home Address)

For a Business:

  • Proof of Identity for the representative
  • Proof of physical home address of company representative

The following documents are accepted for verification purposes:

Identity Verification (Natural Persons and Company Representative):

  • Green bar-coded South African ID book
  • Valid temporary ID issued by Home Affairs
  • Valid South African passport
  • New bar-coded ID cards
  • For Non-South African citizens – Passport or valid VISA / permit

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

  • Lease Agreement (not older than 12 months)
  • Municipal Account (not older than 3 months)
  • TV License (not older than 12 months)
  • Telephone Account (not older than 3 months)
  • Bank Statement (not older than 3 months)
  • Retail account which is delivered to that address on a regular basis (not older than 3 months
Hosting

The Futech Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

Futech will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY Futech IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Client hereby indemnifies and holds harmless Futech against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Futech has been advised of the possibility of such damages;

Futech will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Clients also hereby indemnify Futech against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Futech to share or cover such losses or liability, either directly or indirectly. Futech is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

Neither Futech, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Futech’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Futech Server service, unless otherwise expressly stated in this Agreement.

Futech expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. Futech specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client/user indemnifies Futech against any loss or damage whatsoever, which may arise from the use of any third-party software, add-ons or plugins available through our hosting services or platforms.

Futech is not responsible if an external company network and firewall is setup to block access to services Futech provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Futech provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Futech endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. Futech will in no way be held responsible for any loss of content whatsoever.

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Futech is accepted and to advise Futech of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

Futech may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes. Unlimited Web Traffic are governed by the AUP
By accepting the Terms and Conditions, you also agree to the AUP.

Using the server to download or distribute illegal or copyrighted content is strictly forbidden.

Cloud Hosting

Futech deploys all new Cloud Servers with VMTools and Veloxum Agent pre-loaded. VMTools and Veloxum Agent are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools and Veloxum Agent must be running at all times, as this will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other client’s virtual servers.

Futech strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).

Futech may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment. Futech reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion. Continued negative impact on servers will result in a forced suspension or power off of the server.

Cloud Hosting services are fully managed by the client and Futech does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.
By accepting the Terms and Conditions, you also agree to the AUP.

ZACR Registrant Agreement

  1. Definitions

1.1. “Administration Sites” means the Registry’s official administration website/s including, but not limited to www.registry.net.za and the Registrars official administration website/s including, but not limited to www.Futech.co.za.

1.2. “Agreement” means the Application read together with these terms and conditions.

1.3. “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.

1.4. “Application” means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.

1.5. “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.

1.6. “Domain Name” means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.

1.7. “Namespace” means the .za domain namespace of the Internet.

1.8. “Personal Information” means information relating to an identifiable, living, natural person.

1.9. “Registrar” means JEANLOUIS S FUTECH SERVICES PTY (Ltd) – Trading as Futech.

1.10. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

  1. Applicability

2.1. The Registry is responsible for delegating domain names in the .za domain / gTLD namespace of the Internet.

2.2. These terms and conditions apply to all the .za domain / gTLD domain names.

2.3. The Applicant also agrees to be bound by the Published Policies.

  1. Fees

3.1. Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card.

3.2. Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.

3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 3.

  1. Rights to Domain Name 4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.

4.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.

4.4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.

4.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

  1. The Applicant’s Warranties & Indemnity

5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
5.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
5.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

5.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

  1. Withdrawals and Transfers

6.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
6.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
6.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
6.1.6. on receipt of an order by any competent court having jurisdiction; or
6.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).

6.2. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

  1. Personal Information

7.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
7.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
7.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
7.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;
7.1.4. transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located.

7.2. In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.

7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

7.4. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

  1. Exemption and Indemnity of the Registry

8.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.

  1. General

9.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

9.3. The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time.

9.4. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.

9.5. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.

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

Domain Registrations

Futech has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 15th of March 2013 you will be billed your annual registration fee on the 1st of January 2014.

The client acknowledges that the use or registration of the Domain Name by the client must not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that the client has the right to use the Domain Name.

Futech cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the client acknowledges that Futech may be presented with evidence that a Domain Name registered by its client violates the rights of a third party. In such instance Futech shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Futech and Futech will have no further obligations to the client. In such instances the client shall be entitled to continue using the Domain Name registered by Futech until a court or other body with jurisdiction directs otherwise.

Futech will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY FUTECH IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The client hereby indemnifies Futech against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected Domain Name, even if Futech has been advised of the possibility of such damages. Futech will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Failure to pay the annual renewal fee or failing to respond to a renewal notification from Futech will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.

Please note: The free .co.za domain registration is only applicable if you select a domain with a Linux or Windows shared hosting package. This offer does not apply to our parked domain or self-managed hosting packages. After 10 months, you will be billed for the annual renewal of your domain, should you decide to retain the domain. Should you wish to cancel or transfer your domain away from Futech during the first 10 months of service, you will be invoiced for the registration originally covered by Futech, the cancellation/transfer will only take place once this invoice has been paid.

Modems and Routers

Please ensure that you purchase the correct modem/router for your connection type, e.g. ADSL, VDSL, Fibre and Mobile. A modem/router is required in order to utilize our services and is not included with the data product purchased unless otherwise stated.

Futech will occasionally setup and test Modems and Routers before delivery to ensure proper working setup and condition of delivered items. The device will then be resealed and maintain it’s warranty to normal date.

Futech has a 7 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and ALL shipped packaging, parts and accessories included) to be eligible for refund or exchange. If the modem is returned within 7 days it will be refunded or replaced with a new unit.

Futech will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Futech. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All modems carry a 12 month warranty. If outside of the 7 day return window, faulty modems can be returned to Futech and will either be replaced with a re-furbished unit or sent to the manufacturers for repairs and returned to the client upon completion. Clients are able to choose whether they would like to wait for their own router to be repaired, or if they would like a refurbished unit sent straight away.

The warranty and returns policy does not cover any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return).

Using the incorrect power supply is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, Futech will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Failure to abide by Futech’ policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Promotions

Futech will subsidise the cost for each router purchased together with a Telkom LTE data package. The make and model of the router is determined at Futech’ discretion. The SIM must be used in the modem provided, failure to do so may result in the service not working.

Should the service be set to cancel within 6 months of the activation date a cancellation fee of R999.00 will become payable before the cancellation is processed together with a calendar months’ notice. Should the monthly payment for the service fall into arrears the service will be cancelled and the cancellation fee of R999.00 will automatically be billed to the clients account.

Downgrades to a smaller package/service/speed from what was originally purchased will not be permitted within 6 months of the activation date.

There is a limit of 3 purchases per profile/individual on all Telkom LTE Promotions (includes purchases on expired promotions).

Acceptable Use Policy (AUP)

General Notice

Thank you for reading Futech’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to clients and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at 0861 300 900.

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

ISPA membership and Code of Conduct

Futech confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Futech is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at https://ispa.org.za/code-of-conduct/

Unlawful Use

Futech’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic.

This includes:

  1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
  2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
  3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, Futech cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Futech’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
  4. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
  5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Futech on behalf of another subscriber without their consent.
  6. Any violation of the exchange control laws of the Republic.
  7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
  8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Futech will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Futech’s resources, including the provisioning of all personal identifiable data.

Prohibited Activities

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

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Futech’s network is unacceptable.

This includes:

  1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Futech for this goal;
  2. Any effort to use Futech’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
  3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
  4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
  5. Any activity which threatens to disrupt the service offered by Futech through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
  6. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
  7. Any unauthorised monitoring of data or traffic on the network without Futech’s explicit, written consent.
  8. Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space & Third-Party Content & sites

In reading this AUP or in signing a service contract with Futech, you acknowledge that Futech has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Futech cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third-party webpages. You acknowledge that we exercise absolutely no control over such third-party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Futech network websites and web pages or sites displayed as search results or contained within a directory of links on the Futech network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

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

Usenet Newsgroups

The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The client must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and Futech reserves the right to delete and/or cancel posts which violate the following conditions:

  1. Excessive cross-posting of the same article to multiple newsgroups.
  2. Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
  3. Posting binaries to a non-binary newsgroup.
  4. Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Futech does not monitor nor control the content that is available or unavailable via newsgroup and/or UseNet services. The services offered by Futech in respect to UseNet services is merely a convenience to Futech clients to make the use of the service more convenient. Futech accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Futech will take swift and firm action against any user engaging in any of the following unacceptable practices:

  1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
  2. Operating or maintaining mailing lists without the express permission of all recipients listed;
  3. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
  4. Using Futech’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
  5. Including Futech’s name in the header or by listing an IP address that belongs to Futech in any unsolicited email sent through Futech’s network or not;
  6. Failure to secure a client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Futech reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Futech also reserves the right to examine the mail servers of any users using Futech’s mail servers for “smarthosting” (when the user relays its mail via a Futech mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Futech’s privacy policy.

Spam/Virus Filtering

Futech provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that Futech shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Webmail

Webmail and other web based email services made available by Futech are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that Futech shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Futech. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Webmail can be accessed by visiting https://email.futech.co.za/

Uncapped Fibre and DSL

The use of our uncapped service is for Home/Personal use only and may not be resold and may not be shared. The service may not be used to provide services, such as but not limited to, private servers, email and VPN services, network services. The use of our uncapped services by WISP’s (wireless internet service providers) is strictly prohibited. The service may not be used for any unattended automated processes. Any use of the service other than for personal use which may cause an unusually large burden on the network is prohibited. The examples here in are an indication of the what is not allowed but is not all encompassing but rather to assist with ease of understanding.

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. We thus reserve the right to manage uncapped users should network capacity be affected by outages, maintenance, pending upgrades or matters outside of our control.

Uncapped DSL and Home / Premium Uncapped Fibre
(Fibre Service Discontinued. No longer for sale to direct clients.)
These services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). These services are proactively managed by the Futech Protocol Manager.

Premium Uncapped services are better suited to more advanced users, and are managed proactively by the Futech Protocol Manager.

Premium Uncapped (DSL and Fibre) – Futech Protocol Manager
(Fibre Service Discontinued. No longer for sale to direct clients.)
The Futech Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, commercial streaming such as Netflix, Showmax etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the Futech Protocol Manager. The Futech Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the Futech Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise. Any user that is found attempting to bypass or circumvent the Futech Protocol Manager will be suspended and could have their service cancelled.

Uncapped DSL and Home Uncapped Fibre – Futech Protocol Manager
(Fibre Service Discontinued. No longer for sale to direct clients.)
These services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.

There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the Futech Protocol Manager and differ to the table below.

The thresholds per account speed are:

Speed

Threshold

1Mbps

20GB

2Mbps

40GB

4Mbps

80GB

5Mbps

80GB

8Mbps

100GB

10Mbps

120GB

15Mbps

160GB

20Mbps

200GB

30Mbps

225GB

40Mbps

250GB

50Mbps

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Any user that is found attempting to bypass or circumvent the Futech Protocol Manager will be suspended and could have their service cancelled.

Premium Plus Uncapped (DSL and Fibre)
(Fibre Service Discontinued. No longer for sale to direct clients.)
Please note that on 27 September 2017 the Business Uncapped Service had a name change to Premium Plus Uncapped, the Terms and AUP were un-affected by this name change.

This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the Futech Protocol Manager. The Futech Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. Futech reserves the right, to at its discretion manage non-typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.

We reserve the right to use the Futech Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the Futech Protocol Manager will be suspended and could have their service cancelled.

Hosting

Futech offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Futech’ discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Futech reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

For Shared Hosting, Futech will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Futech is under no obligation to affect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.

Futech will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Futech prohibits Clients from doing the following on hosting platforms administered by Futech:

  • Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
  • Running applications with inadequate security controls.
  • Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
  • Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
  • Storing malicious content, such as malware or links to malware.
  • Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
  • Maintaining long-running processes and long-running database queries.
  • Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
  • Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
  • Using poor passwords.
  • Sharing security credentials with untrusted parties.
  • Running Torrents for download or Seed Servers.
  • Running TOR (or other Online Anonymity Services).
  • Otherwise circumventing the Acceptable Use Policy or intended use of the product.

Protection of Minors

Futech prohibits clients from using Futech’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

Futech respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Futech’s service.

Futech urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and Futech cannot be held liable for the client being placed on any bulk mailing lists as a result.

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

Futech cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Futech network. Further, Futech assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client’s.

Notice and Take-down Procedures

Futech confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Futech’s designated agent for this process can be reached at (010) 500 1200 or at: complaints@ispa.org.za, P.O.Box 518, Noordwyk, 1687. The notice and take-down procedure can be viewed at https://ispa.org.za/code-of-conduct/.

Take-down notice email: complaints@ispa.org.za
Take-down notice information and form: https://ispa.org.za/tdn/

Clients are also notified of the content and procedures of the ISPA Code of Conduct (https://ispa.org.za/code-of-conduct/) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

Complaints and procedures

PO Box 518
Noordwyk
1687
Tel: 010 500 1200

Take-down notice email: complaints@ispa.org.za
Take-down notice information and form: https://ispa.org.za/tdn/

It is the client’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Futech’s designated complaints handling agent.

Please note that Futech cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for Futech to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

  • the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
  • any contact details for the source of the complaint;
  • A brief explanation why the incident is considered to be an offence.

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

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, Futech may take any of the following steps:

  • In the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;
  • In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;
  • In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;
  • In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
  • Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
  • Institute civil or criminal proceedings;
  • Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies

Reservation and Non-Waiver of Rights

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

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

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

Futech reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

Futech reserves the right to suspend, revoke or cancel Futech’s services to the client/user if the safety and integrity of Futech’s resources are placed at risk in continuing to provide service to the subscriber/user.

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

Futech does not undertake to guarantee the security of any data passing through its networks. Although Futech will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Futech cannot be held liable for any loss or damage arising as result of the failure to do so.

Futech does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Futech fail, neglect or elect not to enforce a breach of the AUP at any time.

ICASA Code of Conduct & Service Charter

Introduction

  1. Futech Ltd (“Futech”) holds licences issued by the Independent Communications Authority of South Africa (“ICASA”). Despite holding these licences, Futech currently only resells the electronic communications services provided by its upstream providers to its subscribers.
  2. ICASA requires that all licence-holders comply with, inter alia, the:
    2.1. ICASA Code of Conduct Regulations 2007, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    2.2. ICASA End-User and Subscriber Service Charter Regulations 2016, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
  3. Futech has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers, but records that as a reseller of third party networks and services the below may be of limited application.
  4. The ICASA Code of Conduct Regulations 2007 are available here.
  5. The ICASA End-user and Subscriber Service Charter Regulations 2016 are available here.

Definitions

  1. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  2. “Business Hours” means 08h00–17h00 on Business Days.
  3. “Customer” means a subscriber or potential subscriber of Futech.

Key Commitments

  1. Futech makes the following key commitments and will endeavour to:
    9.1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
    9.2. Ensure that all its services and products meet the specifications as contained in Futech’ licences and all the relevant laws and regulations;
    9.3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    9.4. Display utmost courtesy and care when dealing with Customers;
    9.5. Provide Customers with information regarding services and pricing;
    9.6. Where requested to do so, to provide Customers with guidance with regard to their service needs;
    9.7. Keep the personal information of Customers confidential unless Futech is:
  • In possession of written authorisation from the Customer to do so;
  • Required to release such information for the purpose of briefing Futech’ auditors, professional advisors or an accredited debt collection agency; and/or
  • Otherwise authorised or required by any law or an order of Court.
  1. Customers have the right to refer Complaints to ICASA as more fully set out in Futech’ Complaints Procedures.

Consumer Rights

  1. The ICASA Code of Conduct Regulations 2007 stipulate the following (non-exhaustive) list of consumer rights held by consumers:
    11.1. A right to be provided with the required service without unfair discrimination;
    11.2. A right to choose the service provider of the consumer’s choice;
    11.3. A right to receive information in the consumer’s preferred language;
    11.4. A right to access and question records held by the service provider which relate to the consumer’s relationship with the service provider;
    11.5. A right to the protection of the consumer’s personal data, including the right not to have personal data sold to third parties without the consumer’s permission;
    11.6. A right to port a number in terms of applicable regulations;
    11.7. A right to lodge a complaint; and
    11.8. A right to redress.

Availability of Information

  1. The following information can be obtained from Futech by email request to sales@futech.co.za (with no charge payable), and is available for inspection at Futech’ offices during Business Hours:
    12.1. Futech’ range of services/products on offer;
    12.2. Tariff rates applicable to each service offered;
    12.3. Terms and conditions applicable to such services/products;
    12.4. Payment terms;
    12.5. Billing, billing processes and the Billing Disputes Procedure;
    12.6. General Complaints Procedure; and
    12.7. Relevant contact details.

Billing

  1. Futech will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.
  2. Billing terms are also set out on Futech’ invoices.

Defective Items

  1. Where a product is defective, Futech will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.

Application/Credit Vetting

  1. Where applicable, Futech reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.

Terms and Conditions of Service

  1. Futech will provide the Customer with a copy of the written contract and/or terms and conditions (or link thereto) upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of these documents will be provided to the Customer within 7 Business Days.
  2. These documents will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination, and any other rules which may govern the relationship between Futech and the Customer.
  3. Where Futech makes changes to the terms and conditions of its services, Futech will inform the Customer of such changes within a fair and reasonable period.

Minimum Service Standards

  1. The End-user and Subscriber Service Charter Regulations 2016 set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):
    20.1. 95% network service availability averaged over 6 months;
    20.2. 95% service availability averaged over 6 months;
    20.3. For Fixed Services, 95% success rate in meeting residential services installations within 30 days of request measured over 6 months, and 90% successful installations for business services within 30 days of request measured over 6 months;
    20.4. For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months, and for Mobile Services 99% activated within 48 hours measured over 6 months;
    20.5. For Fixed, 90% of faults cleared within 5 days measured over 6 months, and for Mobile Services, 95% of faults cleared within 24 hours measured over 6 months;
    20.6. Average call setup success ratio must be greater than 98% averaged over 6 months;
    20.7. Average call setup time must be less than 20 seconds averaged over 6 months;
    20.8. Average dropped call ratio must be less than 3% averaged over 6 months;
    20.9. Average message transmission success ratio must be greater than 98% of attempted SMS’ averaged over 6 months;
    20.10. End-to-end delivery time for SMS’ must be less than 60 seconds averaged over 6 months;
    20.11. Average speech quality on the Mean Opinion Score (MOS) must be greater than 3 averaged over 6 months.
  2. Futech will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to Futech.
  3. Customers acknowledge that Futech is directly dependent on network and other services provided by third parties in providing the services, and that Futech cannot be held liable in any manner whatsoever for any failure to meet any specified standards where this results from the acts and/or omissions of such third parties.

ICASA Complaints procedure

Introduction

  1. In order to provide electronic communications services to its subscribers, Futech Ltd (“Futech”) holds licences issued by the Independent Communications Authority of South Africa (“ICASA”). Despite holding these licences, Futech currently only resells the electronic communications services provided by its upstream providers to its subscribers.
  2. ICASA requires that all licence-holders develop and publish its procedures for handling Complaints and Billing Disputes, in order to comply with the requirements in:
    2.1. The ICASA Code of Conduct Regulations 2007; and
    2.2. The ICASA End-User and Subscriber Service Charter Regulations 2016.
  3. Futech has developed this document in line with these Regulations, and will follow the procedures set out below in dealing with Complaints and Billing Disputes (as defined herein) with its Consumers.

Definitions

  1. “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.
  2. “Billing Dispute Notice” means a formal, written notice submitted to Futech by the Customer in terms of this Procedure.
  3. “Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.
  4. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Futech including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.
  5. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  6. “Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.
  7. “Customer” means an Futech subscriber or potential subscriber.

General Complaints Procedure

  1. This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
  2. The Customer is required to direct a formal Complaint to info@futech.co.za.
  3. The Complaint is required to be accompanied by the following:
    13.1. The Customer’s full particulars and contact details;
    13.2. The Customer’s relationship with Futech, together with any customer reference numbers or details which may be applicable;
    13.3. A statement of the reasons for the Complaint, with enough detail to allow Futech to assess these; and
    13.4. Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.
  4. Following the ICASA Code of Conduct Regulations, Futech will:
    14.1. Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and
    14.2. Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.

Billing Disputes Procedure

General

  1. Billing Enquiries should be directed to accounts@futech.co.za, and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.
  2. The Customer expressly acknowledges and agreed that:
    16.1. Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Futech by the due date of that invoice;
    16.2. 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 an amount that is in dispute (“Disputed Amount”);
    16.3. The Billing Disputes Procedure is only triggered when Futech receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 20; and
    16.4. Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to accounts@futech.co.za, Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to accounts@futech.co.za.
  3. Please note that Futech will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

Customer Acknowledgements

  1. The Customer expressly agrees to allow Futech to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Futech requires and Customer expressly agrees that Futech will be the first option in Billing Disputes. Should Futech receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Futech has been given a chance to resolve the Billing Dispute, then Futech has the right to collect on the rendered services and any fees associated with those charges.
  2. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Futech still retains the right to collect on any rendered services or fees that are due. Should Futech be unable to reverse any disputed amounts with a third party, credit card company or bank, Futech will submit the full delinquent amount for collection.

Withholding the Disputed Amount

  1. The Customer may only withhold payment of a Disputed Amount where Futech receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

Initiating Billing Disputes

  1. A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.
  2. The Customer is required to direct a formal Billing Dispute Notice to info@futech.co.za.
  3. The Billing Dispute Notice is required to be accompanied by the following:
    23.1. The Customer’s full particulars and contact details;
    23.2. The Customer’s relationship with Futech, together with any customer reference numbers or details which may be applicable;
    23.3. Invoice number and date;
    23.4. The amount in dispute (“the Disputed Amount”);
    23.5. The amount not in dispute (“the Undisputed Amount”);
    23.6. A statement of the reasons for the Billing Dispute, with enough detail to allow Futech to assess these; and
    23.7. Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

Response to Billing Dispute Notice

  1. In terms of the ICASA Code of Conduct Regulations, Futech will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
  2. Futech shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.
  3. Futech may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Futech in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Futech.
  4. Futech will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:
    27.1. A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
    27.2. A rejection of the Billing Dispute Notice on the basis that:
  • The Billing Dispute Notice was not received by Futech within thirty (30) calendar days of the date of the relevant invoice, as required in clause 20;
  • The Billing Dispute Notice does not contain all of the information required, as set out in clause 23, or was not submitted in the required manner, as set out in clause 22;
  • The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 20.
  • Futech has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
  • The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
  • Futech reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.

27.3. Any alternate resolution that Futech deems appropriate.

Response Implications

  1. If stipulated in Futech’ response in terms of clause 27 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of Futech’ response.
  2. If stipulated under Futech’ response in terms of clause 27 that Futech must withdraw the Disputed Amount or refund a fee already paid, Futech must as soon as practicable:
    29.1. Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Futech’ standard billing terms; or
    29.2. Credit any Disputed Amount already paid by the Customer.

Continued Service Provision

  1. Futech will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Futech has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
  2. Futech reserves the right, however, to take such measures mentioned in clause 30 immediately:
    31.1. Where a determination of the Billing Dispute has been made and communicated to the Customer; or
    31.2. Where the Customer has indicated that they are unable to pay the 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 their creditors.
  3. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Futech shall continue to have the right to terminate or suspend the service in accordance with Futech’ rights under the agreement that the Customer has with Futech.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under the Billing Disputes Procedure for any purpose other than the resolution of the particular Billing Dispute.

Referral of Complaints to ICASA

  1. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give Futech an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.
  3. ICASA can be contacted in the following ways:
    36.1. telephone: 011 566 3000;
    36.2. fax: 011 444 1919; and/or
    36.3. email: consumer@icasa.org.za
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