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Terms & Conditions

Capped ADSL

About us

Capped ADSL is a new service offering for an overall improvement in internet access costs. Our primary goal is to eliminate barriers to entry to receiving Internet services for all users in South Africa. Our DSL Network has a fibre backhaul network so it is state of the art. We will strive to slash broadband costs and find improved ways to offer internet services.

General

By contracting with Capped ADSL for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The client certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorized by the Applicant to contract on Applicant’s behalf.

The following legal documents accordingly apply to the provision of the Capped ADSL service and are binding on any subscriber to such service:

  • Capped ADSL’s AUP available online.
  • Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops.

Disclaimer of Warranty and Limitation of Liability

Capped ADSL accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of the ADSL service.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. Capped ADSL accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers' authentication credentials.

The provision of the Capped ADSL ADSL service is subject to:

  • The provision of upstream and network services;
  • Network availability;
  • Distance of the applicant from the local exchange;
  • Copper quality as provided by Telkom; and
  • Line sync speed limitations as may be applied or incurred through Telkom.

Capped ADSL reserves the right to refuse ADSL service based on network, domain and/or equipment identifiers.

CAPPED ADSL WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.

Indemnity

THE CLIENT INDEMNIFIES AND HOLDS HARMLESS CAPPED ADSL IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST CAPPED ADSL ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

Use of Site

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

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

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

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

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

Cookie/Tracking Technology

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

Third Party Links

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

Service availability

Before subscribing to the CAPPED ADSL DSL service please ensure that you have a valid and active Telkom telephone service as this is a prerequisite for provision of the ADSL service. CAPPED ADSL advises potential clients to confirm the availability of the service in their particular desired location prior to purchasing or ordering a DSL modem or other hardware.

The availability of ADSL services can be checked here.

CAPPED ADSL can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the DSL access service can be provided.

Service availability to any applicant is further subject to:

  • Any credit checks which CAPPED ADSL may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises CAPPED ADSL to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
  • Compliance by the applicant with the RICA registration requirements.

CAPPED ADSL is not responsible for Telkom Lead Times and provisioning of DSL services.

Payment and payment terms

Service fees are payable to Capped ADSL monthly in advance by way of credit card, on the first working day of each and every calendar month.

Billing will commence on the date on which service provision commences, therafter 'Monthly' services will be renewed on the first working day of each and every calendar month and 'Once-off' Adsl services will not be renewed as the purchased data expires at month end.

Term and termination

Capped ADSL only operates month-to-month contracts (cancellable on 30 days' written notice or selected within your admin portal).

Capped ADSL reserves the right to terminate this Agreement and any service provision to a client where there is a breach of these Terms of Use but undertakes to act reasonably in doing so.

The client acknowledges that Capped ADSL may terminate this agreement by written notice and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of the DSL service.

Promotional Data Packages

Please note that our Guarentee on Free ADSL Internet services on the 1st day of every month for a period of 12 months does not apply to any promotional data packages.

Rollover of bandwidth

Subscribers should note that rollover of unused bandwidth is not offered with Capped ADSL 's prepaid packages. Where a subscriber elects a fixed cap package, bandwidth not utilised during the relevant period (calendar month) is not carried over and is lost. The 'Monthly' fixed cap subscriber will then be re-allocated bandwidth on confirmation of payment at the commencement of the next month.

"Topping-up" bandwidth

Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access (other than dial-up access for fixed cap account users) will thereafter be allowed other than to the Capped Adsl website for the purpose of ordering additional prepaid ADSL bandwidth.

Monitoring of usage

Capped ADSL takes steps to monitor the bandwidth usage of subscribers so as to ensure that subscriber bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the subscriber's DSL session is terminated. As a result a subscriber's current session will be automatically terminated for a very short period of time every 24 hours.

Capped ADSL further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber DSL sessions.

Where a subscriber exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:

  • Capped ADSL, at its sole discretion, may allow a degree of overusage
  • Such allowed overusage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Capped ADSL‘s rights to enforce the hard cap.
  • Capped ADSL may, at its sole discretion, recover the cost of the overusage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased.

NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.

Capped ADSL also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with.

Subscriber usage management

Subscribers can proactively managing their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Capped ADSL Client Admin Portal - http://cappedadsl.co.za/

"Best effort" service

Due to the fact that Telkom currently only offers DSL access services as a "best effort" service, Capped ADSL's DSL service is likewise also a "best effort" service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

Due to the fact that Telkom cannot guarantee the bandwidth throughput achieved when subscribers access the Internet utilising a DSL access line, Capped ADSL can likewise also not offer such a guarantee.

Please note that DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Telkom Voice Line Rental

ADSL Line Rental clients remain liaible to Telkom for the monthly Voice Line Rental fee, regardless of whether the Voice Line is in use (plugged in) or not. Telkom requires that voice lines remain active in order to provide ADSL services.

Telkom will bill clients directly for Voice Line Rental as follows (prices correct at time of publishing, but may vary):

  • R148.37 incl VAT per month for a residential voice line rental.
  • R203.35 incl VAT per month for a business voice line rental.

Delivery Policy

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

Order processing

Order processing will not begin until we receive a confirmed order and full payment.

Refunds/returns Policy

Should you for any reason wish to cancel your purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.

* Note: CAPPED ADSL recommends that you use Speed Services Couriers (South African Postal Services) for all returns as it offers shipment tracking through a 24 hours customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.

International customers should make use of a courier that offers:

  1. Shipment tracking.
  2. Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.

Disclosure of outlet country at time of payment

South Africa
Standard Bank

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).

CAPPED ADSL endeavours to offer you competitive prices on current products; you're total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).

CAPPED ADSL reserves the right to change pricing at any time without prior notice.

Should CAPPED ADSL reduce it’s price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.

Credit Card

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.

For more information about how to order, special order requirements and other payment options, please contact our Support Team on Fax (086) 682 5204 or email accounts@cappedadsl.co.za.

Security Policy

  1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. The Merchant does not have access to credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

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

Law

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

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to CAPPED ADSL and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by CAPPED ADSL for any civil action or any legal action deemed necessary against me.

Contact Details Email: Support@itnt.co.za Fax numbers: 0866825204

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