- This is an agreement between you and Buzybuy regarding your use of Buzybuy's services, computers, interactive information, communications and server management service ("the / this Agreement"), in addition to the following policies:
- This Agreement sets out the terms and conditions under which Buzybuy makes its services available to users.
- This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
- Acceptable use policy
- General and Acceptable Use
- Unacceptable Use
- System and Network Security
- Determination of a breach of this Policy
- Consequences of breach of this Policy
- Reporting Network Abuse
- Website Take Downs
- Disclaimers and Limitation of Liability
- Responsibility for content and Account Holder indemnities
- Variation of services
- Non-transferability of services
- Assignment of IP addresses
- General provisions
- Buzybuy billing terms
- Dispute Resolution
- General Dispute Resolution
- Referral of Complaints to ICASA
- Billing Dispute resolution
- Purpose of this Procedure
- Billing Dispute resolution General
- Customer’s obligations to first use this Procedure
- Time period within which Billing Disputes can be initiated
- Circumstances under which payment of a Disputed Amount may be withheld
- Billing Dispute Notice
- Response to Billing Dispute Notice
- Referral to Senior Management
- Resolution, Agreement or Determination
- Effect of this Procedure on continued service provision
- Overage Disputes
- Realm Disputes
- Request for Reconciliation
- Referral of Billing Disputes to ICASA
- Use of Account Holder information for promotional purposes
Acceptable use policy
By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).
You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.
Buzybuy's services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Illegal Mp3's" etc.
Due to the nature of a shared web hosting environment, Buzybuy reserves the right to ask customers to upgrade or correct issues pertaining to upgrade their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the network or server performance for the majority of our hosting customers.
The Buzybuy shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
Buzybuy prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Buzybuy fully and strictly reserves its rights in this regard.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Buzybuy reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
- 12.1. unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
- 12.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- 12.3. forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
- 12.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
- Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- It is contrary to Buzybuy's policy for customers to use our servers to effect
or participate in any of the following activities:
- 14.1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list;
- 14.2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
- 14.3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Buzybuy provided server, or using a Buzybuy provided server as a maildrop for responses;
- 14.4. To falsify user information provided to Buzybuy or to other users of the service in connection with use of a Buzybuy service.
- Buzybuy will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.
- When Buzybuy becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Buzybuy will initiate an investigation (within 24-48 hours). During the investigation Buzybuy may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Buzybuy may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Buzybuy reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, Buzybuy will notify the appropriate law enforcement department of such violation.
- Buzybuy does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
- The Customer shall be held liable for any and all costs incurred by Buzybuy as a result of the Customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
- First violations will result in a Cleanup Fee of R1500 and the customer's account will be reviewed for possible immediate termination.
- A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer's account.
- The Customer who violates this policy agrees to also pay Investigation Fees of no more than R1500 per hour that Buzybuy personnel must spend to investigate any violations.
Buzybuy may, at times with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
Buzybuy reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
- Any party seeking to report any violations Buzybuy's policy may contact via e-mail: firstname.lastname@example.org.
- All queries related to website take downs may be directed to the Internet Service
Providers’ Association (ISPA), which Buzybuy has appointed as its agent
for the purposes of receipt of take down notices in accordance with Chapter 11 of
the Electronic Communications and Transactions Act of 2002:
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to:
- 27.1. loss or liability resulting from access delays or access interruptions;
- 27.2. loss or liability resulting from data non-delivery or data mis-delivery;
- 27.3. loss or liability resulting from acts of God;
- 27.4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
- 27.5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- 27.6. loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- Buzybuy's services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Buzybuy expressly disclaims any representation or warranty that the Buzybuy services will be error-free, secure or uninterrupted.
- No oral advice or written information given by Buzybuy, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
- Buzybuy will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
- The terms of this Section will survive any termination of this Agreement.
The Account Holder agrees to indemnify and hold Buzybuy harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Buzybuy will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Buzybuy reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Buzybuy's then current Acceptable Use Policy, in the sole and absolute opinion of Buzybuy.
Buzybuy will not change passwords to any account without proof of identification, which is satisfactory to Buzybuy, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Buzybuy will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Buzybuy be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Buzybuy from any and all Claims arising from such ownership disputes.
The Account Holder agrees to indemnify and hold harmless Buzybuy and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Buzybuy. The terms of this Section will survive any termination of this Agreement.
The Account Holder agrees not to harm Buzybuy, its reputation, computer systems, programming and/or other persons using Buzybuy's services.
The terms of this Section will survive any termination of this Agreement.
You agree that Buzybuy may establish limits concerning use of any Buzybuy service offered on any Buzybuy web site, including without limitation the maximum number of days that e-mail messages will be retained by any Buzybuy service, the maximum number of e-mail messages that may be sent from or received by an account on any Buzybuy service, the maximum size of an e-mail message that may be sent from or received by an account on any Buzybuy service, the maximum disk space that will be allotted on Buzybuy's servers on your behalf either cumulatively or for any particular service. You agree that Buzybuy has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Buzybuy service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Buzybuy service may change at any time.
Buzybuy reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Buzybuy are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. If the Account Holder refuses to comply with this Section, then Buzybuy has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.
- The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Buzybuy.
The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Buzybuy services, including any damages resulting there from, until the Account Holder notifies Buzybuy's customer service.
The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Buzybuy.
If Buzybuy assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Buzybuy services, the right to use that Internet Protocol address will remain with and belong only to Buzybuy, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Buzybuy in its sole and absolute discretion.
This Agreement constitutes the entire agreement between the Account Holder and Buzybuy with respect to the Buzybuy services and supersedes all prior agreements between the Account Holder and Buzybuy.
Buzybuy's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
The Account Holder consents to the jurisdiction of the South Africa courts.
The Buzybuy services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.
Buzybuy will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
Accounts are due on invoice presentation date ("Due Date") shown on all invoices received from Buzybuy.
Buzybuy products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (excluding Dedicated servers and VPS also known as Virtual Private Server).
Buzybuy will provide a service to the purchaser ("the Account Holder"), as chosen by the Account Holder, for the period of time ("the Term") corresponding with the payment plan specific to the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
In the event of non-payment of an invoice by the stipulated Due Date, Buzybuy reserves the right to hold the customer liable for the total amount due pursuant to such invoice.
Interest of 5% per month may be charged on all overdue accounts.
Buzybuy may stop the supply of new services to the customer and/or terminate current services held by the customer if payment of any invoice is not made by the Due Date, or if a petition for liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.
If the customer pays the amount due in full, the customer may have their existing services re-activated and also purchase new services.
If the customer neglects to pay the amount due in full, Buzybuy will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for the customers’ account.
Buzybuy will not be held liable for the loss or suspension of customer services due to non-payment.
In the event of suspension due to non-payment, Buzybuy reserves the right to place a "non-payment" page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
If the preferred method of payment used by a customer is EFT, it will be the sole responsibility of the customer to ensure their payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the customer payment which may cause service disruption as a result of the account being suspended due to non-payment.
DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and the customer notified thereof beforehand.
Buzybuy only accepts payments via debit order and credit card. Buzybuy accepts MasterCard, VISA. EFT payments are only allowed at the sole discretion of Buzybuy.
A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR). Buzybuy may at any time without notice make us of other merchant outlets in varies countries and transaction currency may change based on the merchant outlet.
Each of Buzybuy's web hosting plans comes with a 14 day money back guarantee. If you are not completely satisfied with our services within the first 14 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals, Dedicated Servers and VPS are not refundable.
Buzybuy will only refund a customer in the event of their account having a credit balance.
Buzybuy will process authorised refunds to customers within 30 days of acknowledging a valid refund.
Cancellations must be done using the Client Zone or in writing via email to email@example.com
Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.
Domains are eligible to automatically renew for an additional one year term upon expiry. Renewals will by default be done automatically, and cancellations may be done before the renewal date. You will be held liable for all renewals should you not provide notice for termination before the renewal date.
"A downgrade occurs when changing your current package to a package with a lower cost". Example: Changing from a Uncapped 1mbps account at R289 to a Uncapped 384kbps account at R189 would be considered a downgrade
Downgrades must be done using the Client Zone or in writing via email to firstname.lastname@example.org
We require notification of downgrades on or before the 15th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month.
General Dispute Resolution
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.
In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:
You are required to direct a general complaint to email@example.com. The complaint is required to be accompanied by the following;
- 53.1. Your full particulars and contact details;
- 53.2. Your relationship with Buzybuy and any customer reference which may be applicable;
- 53.3. A statement of the reasons for the complaint with enough detail to allow us to assess these; and
- 53.4. Any relevant evidence or documentation you wish to submit in support of your complaint.
- 53.5. Under the ICASA Code of Conduct Regulations Buzybuy is
- 53.5.1 Acknowledge receipt of your complaint within three working days; and
- 53.5.2 Determine an outcome for the complaint and communicate this to you within fourteen (14) working days.
If you are not happy about the outcome of the Complaint you have 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.
Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.
ICASA can be contacted in the following ways:
- 56.1 telephone (011) 566 3000,
- 56.2 fax (011) 444 1919 or
- 56.3 email: firstname.lastname@example.org
Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
Purpose of this Procedure
This Procedure sets out the obligations of Buzybuy and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
Buzybuy’s Billing Dispute Handling Procedure is intended to service both the Customer and Buzybuy’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
"Billing Dispute" means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
"Billing Dispute Notice" means a notice submitted by the Customer in terms of this Procedure.
"Billing Disputes Procedure" and "this Procedure" mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
"Billing Enquiry"means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
"Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
"Complaint" means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.
Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Buzybuy by the Due Date of the Invoice.
For the avoidance of doubt the parties acknowledge and agree that:
- 62.1. An amount that is not in dispute ("Undisputed Amount") cannot be withheld for any reason (including without limitation when that amount is on an invoice together with a Disputed Amount).
- 62.2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Buzybuy as set out below).
- 62.3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to email@example.com -- while Complaints are dealt with under the Buzybuy Complaints Handling Procedure.
Please note that Buzybuy will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.
As a current or prior Customer of Buzybuy, you agree to allow Buzybuy to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Buzybuy requires and you agree that it be the first option in Billing Disputes. Should Buzybuy receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Buzybuy has been given a chance to resolve the issue, Buzybuy has the right to collect on the rendered services and any fees associated with those disputes.
Not all Billing Disputes may be settled to a customer's satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Buzybuy still retains the right to collect on any rendered services or fees that are due. Should Buzybuy be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Buzybuy will submit the full delinquent amount for Collections.
- A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.
You may only withhold payment of a Disputed Amount where Buzybuy receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date recorded on the relevant invoice.
A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Client Zone or in writing via email to firstname.lastname@example.org.
The Billing Dispute Notice should clearly set out:
- 69.1. Invoice number and date;
- 69.2. The amount in dispute ("the Disputed Amount");
- 69.3. The amount not in dispute ("the Undisputed Amount");
- 69.4. The full details of the dispute; and
- 69.5. Any relevant evidence or documentation you wish to submit in support of your complaint.
Under the ICASA Code of Conduct Regulations Buzybuy is required to acknowledge receipt of your complaint within 3 Business Days.
Buzybuy shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
- 71.1 A rejection of the Billing Dispute Notice on the basis that:
- 71.2 The Billing Dispute Notice was not received by Buzybuy within 60 days from the date of the relevant invoice;
- 71.3 The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
- 71.4 The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
- 71.5 Buzybuy has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
- 71.6 The Customer is disputing the charges on the basis that the Customer did not authorize the particular use of the services by another person; or
- 71.7 Buzybuy reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
- 71.8 A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Buzybuy in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Buzybuy
- 71.9 A determination of the Billing Dispute and the reasons for such determination.
If the Customer is not satisfied with Buzybuy’s response under section 71 of the Billing Dispute Procedure then the Customer must notify ("SM Request") Buzybuy within 3 Business Days of receiving Buzybuy’s response that the Customer wants the matter referred to Senior Management ("SM"). Subject to the Customer complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
- 72.1 To ensure that SM meet to resolve the dispute within 7 Business Days of Buzybuy receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
- 72.2 Any decision of SM will be final and binding on both parties.
- 72.3 Both parties acknowledge and agree that if Buzybuy does not receive a Notification from the Customer in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and Buzybuy will have no further obligations in relation to the Billing Dispute.
If stipulated under Buzybuy’s response under section 71 or where SM agree on a resolution or reach a decision under section 72 that the Customer must make payment of a Disputed Amount, the Customer must within 5 Business Days of the date of the determination pay the Disputed Amount.
If stipulated under Buzybuy’s response under section 71 or where SM agree on a resolution or reach a decision under section 72 that Buzybuy must withdraw the disputed charge or refund a disputed charge previously paid, Buzybuy must as soon as practicable:
- 74.1 Provide the Customer with an adjustment to their account reflecting the decision above. It is intended that this adjustment will appear on the next invoice issued to the Customer (which the Customer must pay in accordance with the agreement for services that it has with Buzybuy) but the parties acknowledge that this may be delayed due to timing issues with the decision and Buzybuy’s standard billing terms; and
- 74.2 Credit any Disputed Amount already paid by the Customer.
Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Buzybuy will have no further obligations in relation to the Billing Dispute.
Buzybuy will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Buzybuy has reached a determination and communicated this to you.
We reserve the right, however, to take such measures immediately:
- 77.1 Where a determination of the Billing Dispute has been made and communicated to you; or
- 77.2 Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Buzybuy shall continue to have the right to terminate or suspend the service in accordance with Buzybuy’s rights under the agreement that you have with Buzybuy.
- Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.
Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
Should, however, the overages be accurate (within a 5% margin) a once off charge of R150.00 per domain/server will be applied to the Customer's account.
Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.
Should, however, the realm charges be accurate (within a 5% margin) a once off charge of R150.00 per realm will be applied to the Customer’s account.
Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
Should however the reconciliation prove the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to the Customer’s account.
If you are not happy about the outcome of the complaint you have the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
ICASA can be contacted in the following ways:
- 87.1 telephone (011) 566 3000,
- 87.2 fax (011) 444 1919 or
- 87.3 email: email@example.com.
Buzybuy may include the Account Holder's name and contact information in directories of Buzybuy's service subscribers for the purpose promoting the use of the services by additional potential customers. However, Buzybuy is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
Terms and Conditions for Use of Website
Use of this website constitutes acceptance of these Terms and Conditions which thereafter constitute a binding agreement (“Agreement”) between Buzybuy and the user.
Use of this website is strictly at the sole risk of the user.
Buzybuy may, in its sole discretion, amend these Terms and Conditions from time to time at which time these will be brought to the attention of users and become binding on such users where they continue to use the website after such amendments have been brought to their attention.
Amendments to content and information
The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.
Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.
Owner information & required disclosures under section 43 of the ECT Act
Website owner: Buzybuy CC
Registered Number: 2008/179260/23
Directors: D Bredekamp
Phone: 061 442 9002
Fax: 086 242 0647
Web site: www.buzybuy.com
VAT Number: N/A
Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.
THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". BUZYBUY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
Subject to Chapter 7 of the ECT Act, Buzybuy, its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, Buzybuy disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
Buzybuy has no control over third party content and features which may be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites contents and features.
Buzybuy Code of Conduct and Service Charter
- Key commitments
- Consumer rights
- Availability of information
- Vetting of applications and use of credit registered credit bureaux
- Written terms and conditions of service
- Minimum standards to be observed by Buzybuy
In order to provide electronic communications services to its subscribers, Buzybuy CC (“Buzybuy”) holds licences indirectly via Buzybuy's suppliers, issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by Buzybuy to subscribers and potential subscribers.
Buzybuy has developed its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with you.
Buzybuy makes the following key commitments and will endeavour to:
Act in a fair, reasonable and responsible manner in all dealings with Customers;
Ensure that all its services and products meet the specifications as contained in Buzybuy’s licences and all the relevant laws and regulations;
Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
Display utmost courtesy and care when dealing with Customers;
Provide Customers with information regarding services and pricing;
Where requested to do so provide Customers with guidance with regard to their service needs; and
Keep the personal information of Customers confidential unless we are:
Otherwise authorised or required by law or order of Court;
In possession of written authorisation from you to do so; and/or
Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.
The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
A right to be provided with the required service without unfair discrimination;
A right to choose the service provider of your choice;
A right to receive information in your preferred language (Buzybuy will do its best to meet this request where reasonable);
A right to access and question records held by Buzybuy and which relate to your relationship with us;
A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
A right to port a number in terms of applicable regulations;
A right to lodge a complaint; and
A right to redress.
Availability of Information
Information relating to:
Our range of services / products on offer;
Tariff rates applicable to each service offered;
Terms and conditions applicable to such services / products;
Billing, billing processes and our Billing Dispute Handling Procedure;
Complaints Handling Procedure, and
Relevant contact details
can be obtained from our website (www.buzybuy.com) or by email request firstname.lastname@example.org (no charge payable) and is available for inspection at our offices during business hours.
Vetting of applications and use of credit registered credit bureaux’s
Where applicable we reserve 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’s and you consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.
Written terms and conditions of service
We will provide you with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically a copy of the written terms and conditions thereof will be provided to you within seven (7) Business Days.
Where we affect changes to the terms and conditions of our service to you we will inform of such changes within a fair and reasonable period.
Minimum standards for the services offered by Buzybuy
Subject to events and conduct beyond its reasonable control. Buzybuy will
provide a minimum of 95% network service availability measured over 6 months;
provide a minimum of 95% service availability measured over 6 months;
attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
provide full reasons to you where we are not able to meet your request for service within these time periods;
attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
provide full reasons to you where we are not able to meet your request for activation within these time periods;
maintain an average of 90% fault clearance rate for all faults reported within three (3) days with the balance to be cleared within 6 Business Days of the reporting of the fault;
respond within 3 (three) minutes (averaged over six months) to any call directed to the Buzybuy call centre;
Monitor its network 24/7/365.
Customers acknowledge that Buzybuy is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that Buzybuy cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
Particular to the above are Analogue lines, on which Internet connectivity relies. Where the fault lies specifically with the analogue line and/or equipment, provided by a third party, all costs, including UCOC fees, pertaining to the repair of such equipment and/or third party provisioned line, is for the account of the Customer. These costs may vary and will be provided to the Customer during the fault logging procedure.
Any queries relating to this Code of Conduct should be sent to email@example.com.
This Code of Conduct forms part of the Terms and Conditions applicable to the use of Buzybuy’s services and products and is incorporated therein.
Last updated: Oct 2010
Thank you for taking the time to read our disclaimer.
Buzybuy at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime.
By using this service the user waives any rights or claims it may have against Buzybuy, regarding such changes. Without limiting the foregoing, Buzybuy shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.
Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Buzybuy web site. Buzybuy forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Buzybuy making any representation or warranty regarding any third party's products or services, nor will Buzybuy be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Buzybuy with respect to third party products and services, to the maximum extent permitted by law.
- Collection of personal data
- Email communications
- Collection of anonymous data
- Access to personal data
- Links to other web sites
- Children’s privacy
This Policy sets out the manner in which Buzybuy CC (“ Buzybuy”) handles personal information submitted by or collected from you whilst visiting the Buzybuy website(s).
“personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”)
“user” means any person accessing any part of the web site
Collection of personal data
We collect only what is necessary and use it only for the purpose for which it is required.
We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
If we do not need it anymore, we will delete any personal information held.
We neither store nor retain any credit card information.
When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Buzybuy. Once received, the information to your e-mail is protected in accordance with this Policy.
Collection of anonymous data
In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.
The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.
If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.
Access to personal data
If you believe that your personal data which we may have is outdated or incorrect please ask us to correct– please use our contact page. Please provide us with all the information we need to make the correction.
You can also request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an e-mail asking for the information you need.
Links to other web sites
While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.
Users and/or subscribers are prohibited from releasing their username and/or password to any other person.
This is a child-friendly web site: Buzybuy takes into account the privacy and well-being of children when they are online.
Last updated: Oct 2010
Section 51 Manual
For Buzybuy CC.
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
1 BUZYBUY CC. OVERVIEW
Buzybuy CC. provides Internet Services and Access to its customers, in both the corporate and home market. Some of these services include, but are not limited to,
Buzybuy CC. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
2 AVAILABILITY OF THIS MANUAL
A copy of this Manual is available on our website
(www.buzybuy.com/other/pages/legal/PROATIA_Manual.pdf) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.
Requests for access to records held by the Buzybuy CC. must be made on the request form that is available on our website, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees.
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect
and provide an explanation of why the requested record is required for the exercise
or protection of that right.
If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of the Buzybuy CC.
The standard form that must be used for the making of requests is attached as annexure 1. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.
Kindly note that all requests to the Buzybuy CC. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Buzybuy CC. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
4 CONTACT DETAILS
Name of Private Body: Buzybuy CC.
Designated Information Officer: D Bredekamp
Email address of Information Officer: firstname.lastname@example.org
Postal address: Brackenfell, Cape Town, South Africa
Street address: Brackenfell, Cape Town, South Africa
Phone number: 27 61 442 9002
Fax number: 27 86 242 0647
The Guide described in Section 10 of the Act is due in August 2003. From that date
will be available from the South African Human Rights Commission. Please direct any
The South African Human Rights Commission:
The Research and Documentation Department
Postal address: Private Bag 2700
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Buzybuy CC. has not published a notice in terms of Section 52(2)
of the Act, however, it should be noted that the information relating to Buzybuy
CC. and its services is freely available on Buzybuy
CC.'s website. Certain other information relating to Buzybuy
CC. is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and
other public communication is made available from time to time.
Information is available in terms of the following legislation, if and where applicable.
Basic Conditions of Employment No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act 61 of 1973
Electronic Communications and Transactions Act 25 of 2002.
Labour Relations Act 66 of 1995
Promotion of Access to Information Act No. 2 of 2000
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991
Access to the records held by the private body in question
i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c)
8 RECORDS HELD BY BUZYBUY CC.
The Buzybuy CC. maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.8.1 Internal Records
- Memorandum and Articles of Association
- Financial records
- Operational records
- Intellectual property
- Marketing records
- Internal correspondence
- Product records
- Statutory records
- Internal policies and procedures
Personnel refers to any person who works for or provides services to or on behalf
of Buzybuy CC. and receives or is entitled to receive any remuneration
and any other person who assists in carrying out or conducting the business of Buzybuy
CC. This includes, without limitation, directors, executive
directors, non-executive directors, all permanent, temporary and part-time staff
as well as contract workers. Personnel records include the following:
• Any personal records provided to Buzybuy CC. by their personnel;
• Any records a third party has provided to Buzybuy CC. about any of their personnel;
• Conditions of employment and other personnel-related contractual and quasi legal records;
• Internal evaluation records; and
• Other internal records and correspondence.
Please be aware that Buzybuy CC. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:• Any records a customer has provided to Buzybuy CC. or a third party acting for or on behalf of Buzybuy CC.;
• Contractual information;
• Customer needs assessments;
• Personal records of customers;
• Credit information and other research conducted in respect of customers;
• Any records a third party has provided to Buzybuy CC. about customers;
• Confidential, privileged, contractual and quasi legal records of customers;
• Customer evaluation records;
• Customer profiling;
• Performance research conducted on behalf of customers or about customers;
• Any records a third party has provided to Buzybuy CC. either directly or indirectly; and
• Records generated by or within Buzybuy CC. pertaining to customers, including transactional records.
8.4 Technical records
• Technical records generated by, or within Buzybuy CC. pertaining to customers.
8.5 Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Buzybuy CC.. The following records fall under this category:
• Personnel, customer or Buzybuy CC. records which are held by another party as opposed to being held by Buzybuy CC.; and
• Records held by Buzybuy CC. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
8.6 Other Records
Further records are held including:-
• Information relating to Buzybuy CC. own commercial activities; and
• Research carried out on behalf of a client by Buzybuy CC. or commissioned from a third party for a customer;
• Research information belonging to Buzybuy CC., whether carried out itself or commissioned from a third party.
Protection of Minors
The below sites contain information and applications for protecting minors from problematic online content.
- Cyberangels: World's oldest and largest Internet safety organisation
- GetNetwise: Educating parents and children about how to use the Internet safely
- KidShield: Tools and information to create a safety net for your children online
- ProtectKids.com: Protecting children in cyberspace
- SafeKids.com: Making your family's online experience fun and productive
- WiredKids: Online safety for kids and teens
Product Terms and Conditions
Uncapped Usage Guidelines and Acceptable Use
To ensure that all customers have fair and equal use of the Uncapped service and to protect the integrity of the network, Buzybuy reserves the right and will take necessary steps to prevent improper or excessive usage thereof.
Buzybuy may undertake the following action(s) to ensure fair and equal network performance for all customers:
- Adjusting the throughput of the aforementioned service based off the current and historic usage of the service.
- Limiting or preventing service through specific protocols and/or ports.
- Continuous excessive usage of a service may result in termination of the Uncapped ADSL and VDSL account.
- Any attempt to bypass Shaping Policies may result in termination of the Uncapped ADSL and VDSL account.
Buzybuy's Uncapped solution is a prioritised service, based off available network capacity along with current and historic usage trends.
The User undertakes to use Buzybuy’s services in accordance with any restrictions imposed under the following legislation:
- Electronic Communications and Transactions Act 25 of 2002;
- Electronic Communications Act 36 of 2005;
- Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003
All cases of violation of the above Acceptable Usage Policy should be reported to email@example.comPlease note:
Buzybuy reserves the right to amend the Acceptable Usage Policy for Uncapped ADSL and VDSL accounts as necessary. This is to ensure optimal performance across our network for the majority of Uncapped customers.