Buzybuy general terms and conditions

GENERAL

1. 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:
2. This Agreement sets out the terms and conditions under which Buzybuy makes its services available to users.
3. 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.

Terms and Conditions of Use

• ACCEPTABLE USE POLICY
  • General and Acceptable Use
  • Unacceptable Use
  • Interpretation
  • System and Network Security
  • Spamming
  • Determination of a breach of this Policy
  • Consequences of breach of this Policy
  • Modification
  • 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
  • Passwords
  • Assignment of IP addresses
  • General provisions
• BUZYBUY BILLING TERMS
  • General
  • Effect of Non Payment
  • Payment Methods and fees
  • Refunds
  • Cancellations
  • Downgrades
• DISPUTE RESOLUTION
  • General Dispute Resolution
  • Referral of Complaints to ICASA
  • Billing Dispute resolution
    • Purpose of this Procedure
    • Definitions
    • 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
    • Confidentiality
    • Overage Disputes
    • Realm Disputes
    • Request for Reconciliation
    • Referral of Billing Disputes to ICASA
    • Use of Account Holder information for promotional purposes

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

ACCEPTABLE USE POLICY

1. By using our services, you agree to comply with our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

2. You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Unacceptable Use

3. Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, drug dealing, and other illegal activities.

4. 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.

5. 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.

6. 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.

7. 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.

8. The use of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.

9. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

10. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use and Buzybuy fully and strictly reserves its rights in this regard.

Interpretation

11. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Buzybuy reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

System and Network Security

12. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:

    • 12.1.   unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    • 12.2.   interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    • 12.3.   forging of any TCP-IP packet header or any part of the header information in an e- mail or a newsgroup posting; and
    • 12.4.   employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

13. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
14. It is contrary to 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.

Determination of a breach of this Policy

15. Buzybuy will be the sole arbiters and have a sole and unfettered discretion in determining what constitutes a violation of this Policy.

Consequences of breach of this Policy

16. When 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.
17. Buzybuy does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. 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.
19. First violations will result in a Cleanup Fee of R1500 and the customer's account will be reviewed for possible immediate termination.
20. A second violation will result in Cleanup Fee of R3500 and immediate termination of the customer's account.
21. 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.

Modification

22. 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.

23. Buzybuy reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

24. Any party seeking to report any violations Buzybuy's policy may contact via e-mail: info@buzybuy.com.

Website Take Downs

25. 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:
    Website: www.ispa.org.za
    Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

26. 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.

27. 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.

28. 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.

29. 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.
30. 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.
31. 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.
32. The terms of this Section will survive any termination of this Agreement.

Responsibility for content and Account Holder indemnities

33. 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.

34. 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.

35. 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.

36. 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.

37. The Account Holder agrees not to harm Buzybuy, its reputation, computer systems, programming and/or other persons using Buzybuy's services.

38. The terms of this Section will survive any termination of this Agreement.

Variation of services

39. 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.

40. 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.

Non-transferability of services

41. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Buzybuy.

Passwords

42. 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 Web Africa's customer service.

43. 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

Assignment of IP addresses

44. 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.

General provisions

45. This Agreement constitutes the entire agreement between the Account Holder and Web Africa with respect to the Buzybuy services and supersedes all prior agreements between the Account Holder and Buzybuy.

46. Buzybuy's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

47. 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.

48. 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).

49. The Account Holder consents to the jurisdiction of the South Africa courts.

50. The Buzybuy services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.

51. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.

BUZYBUY BILLING TERMS

General

52. 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.

53. Accounts are due immediately on invoice presentation from Buzybuy with the cut off payment date being the last business day of the month
    For example: If the current date is the 20 January 2013 that you receive your invoice from Buzybuy then the final cut off payment date for the invoice is 31 January 2013 at 4PM.

54. Buzybuy products and services are not pro-rated with the exception of Adsl lines, Adsl complete and Hosting packages (including Dedicated servers).
    All invoices are billed in advance for the upcoming month. For example if the current month is January then you will be billed for the upcoming month of February.

55. 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.

Effect of Non Payment

56. 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.

57. Interest of 2% per month may be charged on all overdue accounts.

58. 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.

59. 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.

60. If the customer pays the amount due in full, the customer may have their existing services re-activated and also purchase new services.

61. 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.

62. Buzybuy will not be held liable for the loss or suspension of customer services due to non-payment.

63. 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.

64. 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.

65. DSL lines that have been suspended for non-payment will be cancelled with Telkom after 30 days, and the customer notified thereof beforehand.

Payment Methods and fees

65. Buzybuy only accepts payments via EFT (Electronic Funds Transfer).

66. A processing fee of R50.00 (Incl. Vat) is charged on all returned debit orders.

67. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

68. Each of Buzybuy's web hosting plans comes with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a refund of the contract amount excluding setup fees (if any) and overages. Domain Registrations, Domain Renewals and Dedicated Servers are not refundable.

69. Buzybuy will only refund a customer in the event of their account having a credit balance.

70. Buzybuy will process authorised refunds to customers on the last day of the month.

Cancellations

71. Cancellations must be done in writing via email to info@buzybuy.com

72. Please note that by default we require one full calendar month’s notification of non-renewal. If you do not provide this notice, you will be charged the rate stipulated on the relevant product page for the next renewal term. To illustrate, for non-renewal to be effected at the end of May, notice of non-renewal must be received on or before the last day of April. There are no refunds on a la carte services.

73. Domains are eligible to automatically renew for an additional one year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done one full calendar month before the renewal date.

Downgrades

Definition
"A downgrade occurs when changing your current package to a package with a lower cost". Example: Changing from a Uncapped 2mbps account at R249 to a Uncapped 1mbps account at R179 would be considered a downgrade

74. Downgrades must be done in writing via email to info@buzybuy.com

75. We require notification of downgrades one full calendar month before the downgrade date, 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.

DISPUTE RESOLUTION

General Dispute Resolution

76. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided.

77. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints excepts Billing disputes:

    You are required to direct a general complaint to info@buzybuy.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 required to:
      • 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.

Referral of Complaints to ICASA

78. If you are not happy about the outcome of the Complaint you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

79. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA.

80. ICASA can be contacted in the following ways:

    • 56.1   telephone (011) 566 3000,
    • 56.2   fax (011) 444 1919 or
    • 56.3    email: consumer@icasa.org.za

81. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute resolution

Purpose of this Procedure

82. This Procedure sets out the obligations of 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.

83. 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.

84. Definitions
    

    "Billing Dispute" means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

    "Billing Dispute Notice" means a notice submitted by the Customer in terms of this Procedure.

    "Billing Disputes Procedure" and "this Procedure" mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

    "Billing Enquiry"means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

    "Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

    "Complaint" means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

85. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Buzybuy by the Due Date of the Invoice.

86. 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 accounts@buzybuy.com -- while Complaints are dealt with under the Buzybuy Complaints Handling Procedure.

63. 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.

Customer’s obligations to first use this Procedure

64. 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.

65. 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.

Time period within which Billing Disputes can be initiated

66. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

67. 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.

Billing Dispute Notice

68. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice in writing via email to accounts@buzybuy.com

69. 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.

Response to Billing Dispute Notice

70. Under the ICASA Code of Conduct Regulations Buzybuy is required to acknowledge receipt of your complaint within 3 Business Days.

71. 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.

Referral to Senior Management

72. 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.

Resolution, Agreement or Determination

73. 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.

74. 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.

75. 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.

Effect of this Procedure on continued service provision

76. 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.

77. 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.

78. 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 Web Africa 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.

Confidentiality

79. 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.

Overage Disputes

80. Should you wish to dispute an overage charge you may do so by following the Billing Dispute Procedure and requesting an overage investigation.

81. 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.

Realm Disputes

82. Should you wish to dispute realm charges you may do so by following the Billing Dispute Procedure and requesting a realm investigation.

83. 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.

Request for Reconciliation

84. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.

85. 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.

Referral of Billing Disputes to ICASA

86. 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.

87. ICASA can be contacted in the following ways:

    • 87.1   telephone (011) 566 3000,
    • 87.2   fax (011) 444 1919 or
    • 87.3   email: consumer@icasa.org.za.

Use of Account Holder information for promotional purposes

• 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.