TERMS AND CONDITIONS OF SERVICE
SERVICES SUPPLIED BY PCN IT MANAGEMENT (PTY) LTD t/a PCN ARE SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. ALL CLIENTS ARE DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS AND CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.
Please take the time to read over our Acceptable Use Policy: www.pcn.co.za/acceptable-use-policy
- The debit order authorisation given by customers may be cancelled by means of giving 1 calandar months notice in writing, sent by prepaid registered post, or email to firstname.lastname@example.org, the customer will not be entitled to any refund of amounts which are withdrawn whilst this authority was in force if such amounts were legally owing to PCN. Any services that have agreed upon contract durations stipulated on the agreement cannot be cancelled until the contract duration has expired. PCN reserve the right to perform credit checks on the customer on request for a new service.
- Debit order Terms:
Payment is via debit order and paid for in advance for the services that you receive. The debit order will be processed on the first working day of every month. Failed debit orders will carry a penalty of R50 which will be added to your account. All customers will be supplied with a tax invoice to keep on record for tax purposes even though subscriptions are collected via debit order. In circumstances where a debit order fails, services will be disabled immediately and the customer will be required to pay their arrears, the R50 debit order penalty as well as a deposit amount equal to 50% of the failed debit order amount to a maximum of R1000 before your services are re-enabled. PCN reserves the right to reprocess failed debit orders at any time for the outstanding fees or any part thereof. Should the customer not use the services supplied during the month this does not entitle the customer to stop the debit order.
- Billing Terms:
PCN will provide all customers with an invoice via email. Monthly service Accounts are due on or before the month being billed for. (the “Due Date”) All services are billed and payable in advance. An example: You will be invoiced on the 25th February for all your March services. Ad-hoc invoices for other service that are not monthly recurring are due on completion of the work.
- Non Payment:
In the event of non-payment of an invoice by the stipulated Due Date, PCN reserves the right to hold the customer liable for the total amount due pursuant to such invoice or entire contract/agreement value.
PCN 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 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, PCN 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.
PCN 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, PCN reserves the right to place a “non-payment” page on the customers domain. Furthermore, the DNS of the customers domain will remain unchanged until full payment for the outstanding balance on the 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 that 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.
Each of PCN 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 are not refundable.
PCN will only refund a customer in the event of their account having a credit balance.
When cancelling a month to month service with PCN you are required to supply one calendar months notice in writing, on a signed letter. Fixed term services agreed in writing can only be canceled in the above manner after the term as expired. Examples are given: Should notice of cancellation be given on 1 October, the customer will be required to pay for both October and November months. If notice of cancellation be given on 15th October, the customer will be required to pay for both October and November months. If notice of cancellation be given on 31 October, the customer will be required to pay for October and November months. One calendar months notice means that services will still run for the current month as well as the next month.
Notice of cancellation can only be given via FAX to 086 639 8620 or email to email@example.com. On the cancellation letter the customer must include the customer code (on any of our invoices) and a copy of the customers ID.
- Adsl and Overages:
If the customer overshoots the ADSL or Hosting Caps by manipulating the customers session timeout, the gigs used will be subtracted from the customers following months cap. Monthly Gigs are not carried over to the following month. Topup gigs are carried over to the following month.
- Routers and equipment:
In the event of the customer having received a router or other equipment- should the customer terminate the contract the customer will be required to return the equipment to PCN with all its contents or pay the full purchase price of the router.
- ADSL Circuits:
In order to apply for a ADSL circuit the customer needs an account based analogue telephone line. The line must not be a prepaid or IDSN line. If assistance is needed please email us on firstname.lastname@example.org
- Pro-Rata Accounts:
No Accounts will be pro-rata besides for ADSL Circuits and only on the initial installation month.
- Use of this Site:
The use of this site and the request for provision of all service constitutes acceptance of these terms and conditions which thereafter constitute a binding agreement between PCN and the customer. Use of this website as well as the services supplied by PCN are strictly at the sole risk of the customer. PCN may at any time amend these terms and conditions and on notification of such amendment to customers via email the amended terms will become binding on such customers.
While PCN take all reasonable security precautions and subject to the provisions of the Electronic Communications and Transactions Act (“ECT Act”), no liability will lie for damage caused by the malicious use of this site or destructive data or code that is massed on to the customer through the use of this site or any of the services supplied by PCN.
The following acts in connection with this website are expressly prohibited:
a) Gaining or attempting to gain unauthorized access to any web page or part of this website;
b) Delivering or attempting to deliver any unauthorized or malicious code or content to this website; and/or
c) Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorized persons; and/or
d) Any other unlawful interference with the proper operation of this website
PCN will peruse prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.
- Backups and Data protection
It is at all times the customers responsibility to ensure that they have backups in place for all of the customers data. At no time can PCN be held responsible for any loss of data. This includes and is not limited to – website content, email content, offsite/onsite server, vps, cloud and desktop data, any proprietary data. PCN advises customers to keep a secure offsite backups for all IT services (even if PCN are providing the customer with backups), it is also suggested that these offsite backups are checked regularly. PCN strongly suggests that all customers make use of a specialised offsite backup protection company in the event of a disaster.
- Termination of this agreement:
PCN reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this website and/or to terminate the access rights of any user where for example and without limitation:
a) We regard the action or inaction of a user to constitute a breach of these Terms and Conditions;
b) We regard the action or inaction of a user to constitute abuse of the services offered through PCN or this website.
c) Events beyond our reasonable control, including technical failures, prevent the continuing provision of this website.
- Service Levels:
PCN does not guarantee the Services will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance.
PCN will do all things reasonably necessary to provide and maintain a best-effort continuous Internet access service and use to the customer, but cannot guarantee a continuous uninterrupted Service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure.
In no event, whatsoever, shall PCN or its consultants or employees be liable to the customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, support services, Hardware, Firewalls, Software and Web hosting rendered by PCN in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.
- Consumer Rights and Security
a) Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available from http://www.internet.org.za/ect_act.html.
b) Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).
c) Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of goods which are made to the consumer’s specifications or which are clearly personalized or which by reason of their nature cannot be returned.
d) Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
e) Where a transaction has been so cancelled then:
The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
This website does not store any user credit card information. At no stage is credit card information stored together with user personal information.
Transactions are processed through the Virtual Card Services payment gateway using industry standard SSL.
Virtual Card Services uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent to the merchant server in encrypted form. SSL encrypts information and makes it impossible for anyone to read this information while it is in transit.
Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
- Copyright and Intellectual Property protection
Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to PCN. Unless otherwise indicated, customers are not welcome to copy, download or print out any of the visible text or images on this website for personal or non-commercial use.
Customers wishing to utilise content for their own commercial purposes may only do so with PCN’s prior written permission.
Any use of the content or any other part of this website must be clearly accompanied by the following: “© PCN + [insert year in which content is copied]. All rights reserved.”
If a customer or user believes that this site in any way infringes a third party copyright or other intellectual property right, he or she may contact us, specifying the full details of the alleged infringement.