Legal & Terms & Conditions

COMPLAINTS PROCEDURES

Definitions

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

General Complaints Procedure

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

Billing Disputes Procedure

General

12. Billing Enquiries should be directed accounts@businesssolutionz.co.za and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.
13. The Customer expressly acknowledges and agreed that:
    • Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Business Solutionz by the due date of that invoice;
    • An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);

• The Billing Disputes Procedure is only triggered when Business Solutionz receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 17; and
• Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to accounts@businesssolutionz.co.za. Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent toinfo@businesssolutionz.co.za

14. Please note that Business Solutionz will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

Customer Acknowledgements

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

Withholding the Disputed Amount

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

Initiating Billing Disputes

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

Response to Billing Dispute Notice

21. In terms of the ICASA Code of Conduct Regulations, Business Solutionz will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
22. Business Solutionz shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.
23. Business Solutionz may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Business Solutionz in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Business Solutionz.
24. Business Solutionz will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:
    • A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
    • A rejection of the Billing Dispute Notice on the basis that:
      • The Billing Dispute Notice was not received by Business Solutionz within thirty (30) calendar days of the date of the relevant invoice, as required in clause 17;
      • The Billing Dispute Notice does not contain all of the information required, as set out in clause 20, or was not submitted in the required manner, as set out in clause 19;
      • The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 17.
      • Business Solutionz has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
      • The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
      • Business Solutionz reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
    • Any alternate resolution that Business Solutionz deems appropriate.

Response Implications

25. If stipulated in Business Solutionz response in terms of clause 24 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of Business Solutionz’s response.
26. If stipulated under Company’s response in terms of clause 24 that Business Solutionz must withdraw the Disputed Amount or refund a fee already paid, Business Solutionz must as soon as practicable:
    • Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Business Solutionz standard billing terms; or
    • Credit any Disputed Amount already paid by the Customer.

Continued Service Provision

27. Business Solutionz will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Business Solutionz has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
28. Business Solutionz reserves the right, however, to take such measures mentioned in clause 27 immediately:
    • Where a determination of the Billing Dispute has been made and communicated to the Customer; or
    • Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.
29. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Business Solutionz shall continue to have the right to terminate or suspend the service in accordance with Business Solutionz’s rights under the agreement that the Customer has with Business Solutionz.

Confidentiality

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

Referral of Complaints to ICASA

31. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
32. Please note that in terms of the ICASA Code of Conduct Regulations 2008, the Customer must give Business Solutionz an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.
33. ICASA can be contacted in the following ways:
    • telephone: 011 566 3000;
    • fax: 011 444 1919; and/or
    • email: consumer@icasa.org.za

CODE OF CONDUCT 

Introduction

1. In order to provide electronic communications services to its subscribers, MHYAS Holdings (Pty) Ltd (Business Solutionz) operates in terms of IECNS and IECS licences issued by the Independent Communications Authority of South Africa (ICASA).
2. 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 2016, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
3. Business Solutionz has developed a Code of Conduct in line with these Regulations and will strive to follow this in its interactions with its Consumers. This Code of Conduct applies to Business Solutionz operate in terms of its licences.
4. The ICASA Code of Conduct Regulations 2008 are available here.
5. The ICASA End-user and Subscriber Service Charter Regulations are available here.

Definitions

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

Key Commitments

9. Business Solutionz 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 Business Solutionz’s licenses 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 Business Solutionz is:
     • In possession of written authorisation from the Customer to do so;
     • Required to release such information for the purpose of briefing Business Solutionz’s auditors, professional advisors or an accredited debt collection agency; and/or
     • Otherwise authorised or required by any law or an order of Court;

10. Customers have the right to refer Complaints to ICASA as more fully set out in the Complaints Procedure.

Consumer Rights

11. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by Consumers:
    • A right to be provided with the required service without unfair discrimination;
    • A right to choose the service provider of the Customer’s choice;
    • A right to receive information in the Customer’s preferred language (Business Solutionz will do its best to meet this request where reasonable);
    • A right to access and question records held by Business Solutionz which relate to the Customer’s relationship with Business Solutionz;
    • A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s express 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

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

Billing

13. Business Solutionz will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.
14. Billing terms are also set out on Business Solutionz’s invoices.

Defective Items

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

Application/Credit Vetting

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

Terms and Conditions of Service

17. Business Solutionz will provide the Customer 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 the Customer within seven (7) Business Days.
18. These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination.
19. Where Business Solutionz affects changes to the terms and conditions of its service, Business Solutionz will inform the Customer of such changes within a fair and reasonable period.

Minimum Service Standards

20. Business Solutionz will, subject to events and conduct beyond its reasonable control:
    • provide a minimum of 95% network service availability measured over six (6) months;
    • provide a minimum of 95% service availability measured over six (6) months;
    • attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days of request, while meeting the balance of requests within forty (40) Business Days of request;
    • provide full reasons to the Customer where Business Solutionz is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;
    • attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) Business Days of request, provided that the applicant is within Business Solutoinz’ specified coverage area;
    • provide full reasons to the Customer where Business Solutionz is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request for same;
    • maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;
    • respond within three (3) minutes (averaged over twelve months) to any call directed to the Business Solutionz call centre;
    • monitor its network 24 hours a day, 7 days a week, 364/5 days a year.
21. Customers acknowledge that Business Solutionz 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 Business Solutionz 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.

TERMS & CONDITIONS

“We believe in a personal relationship with our clients. To us, you are not just a number”.

1             DEFINITIONS

1.1           “agreement” means this subscriber agreement read together with the application form;

1.2           “Business Solutionz” means MHYAS Holdings (Pty) Ltd, Registration No. 2016/410896/07;

1.3           “application form” means the hardcopy or electronic document containing the customer’s request for provision of the services;

1.4           “connection charge” means the initial charge for connection to the network as set out in the application form;

1.5           “contract period” means the minimum duration of this agreement, being the period as set out in the application form;

1.6           “customer” means the individual, company, close corporation or trust described as such on the application form;

1.7           “equipment” means the wireless radio equipment of Business Solutionz;

1.8           “ICASA” means the Independent Communication Authority of South Africa or any other authority vested with the power and authority in respect of telecommunication in the Republic of South Africa;

2             PROVISIONS OF THE SERVICES

2.1           Business Solutionz agrees to supply the services to the customer and the customer agrees to accept same.

3             DURATION

3.1           This agreement shall commence on the date specified in the application form and shall continue month to month unless terminated by either party giving 1 (one) month notice prior to the end of the period written notice to the termination of this agreement.

3.2           During the first 30 days of this agreement, the customer may cancel the service and terminate the agreement for any reason.

4             PAYMENT

4.1           The customer shall be invoiced monthly in advance for the subscription fees. All invoiced payments are due and payable without deduction or set-off, by direct debit order or in such other manner as Business Solutionz may allow in writing, on or before the 1st working day of each month to Business Solutionz.

4.2           Failure to make payment of any such amounts invoiced to the customer as set out in this agreement shall result in the suspension of services without any liability being incurred by Business Solutionz to the customer.

4.3           In the event of the customer’s services being reconnected after being discontinued, suspended or disconnected, for any reason whatsoever, a reconnection fee will be levied.

5             TERMS AND CONDITIONS OF SERVICES

5.1           Service quality and coverage available to the customer shall be limited to that provided by the network and the services may from time to time be adversely affected by physical features and atmospheric conditions and other causes of interference.

5.2           The customer shall not hold Buisness Solutionz, any of its employees, directors or agents liable for any non-availability or degradation of the services or for any other reason whatsoever.

5.3           Services are used at the customer’s own risk and Business Solutionz makes no warranty and or guarantee that the services will meet the customer’s requirements, be uninterrupted, complete, timely, secure or error free.

5.4           Business Solutionz may collect and use the customer’s personal information and or other data for the purposes of business communications, administration, transacting and any other reason permitted by law.

5.4           The antennas, radios and routers used to deliver the service are the property of Business Solutionz. Business Solutionz may add additional equipment to the customers site in order to strengthen network coverage.

6             LIABILITY/INDEMNITY

6.1           Business Solutionz’s entire liability including liability for negligence, and in particular, but without limitation, all other statutory, express, implied or collateral terms, common law recourse, conditions or warranties which are excluded will not exceed the amounts set out in Clause 6.5.

6.2           Business Solutionz shall not be liable (including liability for negligence) and the customer accordingly indemnifies Business Solutionz and holds it harmless against all and any loss or damage or injury to the customer whatsoever, no matter when or how arising out of the provision of the services, including, without limitation, any loss and/or damage to the customer’s or any third person’s data, whether such loss, damage or injury is direct or indirect, consequential or contingent and whether foreseeable or not and in particular not be liable for financial loss or loss of profits.

6.3           The customer, further irrevocably indemnifies and hold Business Solutionz harmless against all and any actions (including direct, indirect, special or consequential damages), suits, proceedings, claims, demands, costs, loss of income and, expenses of whatsoever nature and howsoever incurred which may be taken or made against them or be incurred or become payable by the customer or any third party, arising out of this agreement including but not limited to the customer’s negligence or fraud.

6.4           This indemnity applies for Business Solutionz’s benefit and all companies directly or indirectly owned, wholly or partly owned or controlled by Business Solutionz, and all officers, employees, contractors, subcontractors, agents or anyone else to whom Business Solutionz or these parties are responsible for.

6.5           Under no circumstances whatsoever, will Business Solutionz’s liability, whether in contract or otherwise, exceed a sum equal to the subscription fee only, payable at the date of the claim.

7             ABUSE OF THE SERVICES

7.1           The customer acknowledges and agrees that it is aware of and shall at all times comply with all statutory or other regulatory provisions relating to wireless telegraphy and telecommunication services.

7.2           The customer shall not commit nor attempt to commit any act or omission which directly or indirectly which damages in any way Business Solutionz’s network or technical infrastructure or any part thereof, or which impairs or precludes Business Solutionz from being able to provide the services in a reasonable and businesslike manner.

8             SUSPENSION OF SERVICE

8.1           Business Solutionz may from time to time without notice and without any liability whatsoever, suspend the services :-

8.1.1           for modification or maintenance of the network; or

8.1.2           if the customer fails to make any payment of any amount due or payable to Business Solutionz on or before the due date of payment; or

8.1.3           if the customer fails to comply with any of the terms and conditions of this agreement and until the breach is remedied.

9             BREACH

9.1           If the customer commits a breach of any of the terms and conditions of this agreement and fails to remedy such breach within a period of 7 (seven) days of having been given notice by Business Solutionz requiring such breach to be remedied, Business Solutionz may, without prejudice to any other rights it may have, whether to claim damages, specific performance or otherwise, cancel this agreement without further notice.

10           FORCE MAJEURE

10.1         Business Solutionz shall not be liable to the customer for any breach of these terms and conditions or failure on Business Solutionz’s part to perform any obligation as a result of the technical problems which it is unable to resolve, relating to the network, termination of any licence to operate or use of the network, act of God, Government control, restriction or prohibitions or any other, Government act or omission whether local or national, act or default of any supplier, agent, or sub-contractor, industrial disputes of any kind or any other similar or dissimilar cause beyond Business Solutionz’s control.

11           SUBSCRIPTION FEES

11.1         Business Solutionz may upon notice vary its subscription fees. Subscription fees will be adjusted annually on or before 1 January of each year.

11.2         Business Solutionz reserves the right to vary the terms and conditions of this agreement in its sole discretion, as a result of new legislation, statutory instruments, Government regulations or licences or any other reason by notice to the customer.

12           DOMICILIA

12.1         The customer chooses, as its domicilium citandi ex executandi, for the purpose of service of legal proceedings and notices, the address set out in the application form, or such other physical address in the Republic of South Africa of which the customer may notify Business Solutionz in writing.

13           GENERAL PROVISIONS

13.1         The customer shall not cede, assign, transfer, encumber or delegate any of its rights or obligations in terms of this agreement to any third party without Business Solutionz’s prior written consent.

13.2         This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties unless in writing and save as otherwise provided for in the clauses above.

13.3         The customer hereby consents to the jurisdiction of the Magistrate’s court having jurisdiction over its person in respect of any action by Business Solutionz arising from this agreement or the cancellation thereof. Business Solutionz shall be entitled, in its discretion to institute action against the customer in any Court of competent jurisdiction.

13.4         No latitude, extension of time or other indulgence which may be given or allowed by Business Solutionz to the customer in respect of the performance of any obligations hereunder, and no delay in the enforcement of any right of Business Solutionz arising from this agreement, and no single or partial exercise of any right by Business Solutionz under this agreement, shall in any circumstances be construed to be an implied consent or election by Business Solutionz or operate as a waiver or a novation or otherwise affect any of Business Solutionz’s rights in terms of or arising form this agreement or stop or preclude any Business Solutionz from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term of this agreement.

13.5         This agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

13.6         The headings in this agreement are used for ease of reference only and will have no bearing on the interpretation of the terms of this agreement.

TERMS OF SERVICE

Detailed description of goods and/or services

MHYAS Holdings (Pty) Ltd (herein referred to as Business Solutionz) is an Internet service provider for Internet access.

Delivery policy

Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery confirmed telephonically or via e-mail.

Liability

By agreeing to use our services you agree to our standard terms and conditions.

Return and Refunds policy

The provision of goods and services by Business Solutionz is subject to availability. In cases of unavailability, Business Solutionz will refund the client in full within 30 days. All goods such as hardware and software remains the property of Business Solutionz until paid in full.

Wireless Equipment Guarantee

• Upon activation and installation of wireless equipment, we offer up to 12 months guarantee on all equipment with the exception of any physical negligence done to the equipment.
• All changes / improvements / repairs to the equipment are for the client’s account unless the damage / fault is as a result of the company’s negligence.
• The high site equipment is always the responsibility and property of the company and the client will never be held responsible for any changes / repairs needed on the high site.
• It is standard policy for clients to be pre-advised of any potential costs in either the form of a formal quote, when the exact fault is known, or an estimate, when an onsite evaluation is required.

Customer privacy policy

Business Solutionz shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

Acceptable use policy

Business Solutionz  hosting and Internet access services are governed by our Acceptable Use Policy (AUP). Our AUP policy states that none of services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it.

Business Solutionz uncapped wireless accounts will never be capped. However, our uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If you intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage are affecting other users on our network’s internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individual’s abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service.

Wireless Services – Speeds available

Please note that all Wireless services require a clear line of sight to our nearest tower in order to be effective. The Home Package services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed unlike our business packages which gaurantees the line speed. Variations may exist in the Home packages and if this is the case, we recommend downgrading to a lower package for stability.

Spamming Sites

Should any of our clients cause spam and disrupt the service to any of our other clients, we will immediately suspend the account of the client responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.

Client Access Disclaimer

Business Solutionz reserves the right to charge a specialized IT Support fee, for any changes or system corrections needed on client installations and networks, in the event of a request for full systems access by the client.

Copyright

Business Solutionz 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.

We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken

from the Internet Service Provider’s Association, our governing body.

Payment options accepted

Payment may be made via EFT (Electronic FundsTransfer), Debit Order (Bank Draft) or ATM Cash Deposits. Unless otherwise specified all hosting and Internet access services are payable pro-rata in advance.

Payment on additional invoices

As per the terms on our service application forms, please note that you are in agreement to accept any additional relevant charges submitted against your account, not included in the monthly service invoices. This may include top up invoices or job card invoices.

Debit Orders

Business Solutionz’s debit orders are processed once a month, typically on the last working day of each month (please take note that we bill pro rata in advance)

For new client’s your initial debit order amount may include

1. pro rata for month of joining (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month.
2. 1st month billing (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month.
3. 2nd month billing – pre billed as per terms of service

For example: If you join on the 29 January 2014, your first debit order batch will be as follows:

• Pro rata amount R 34.90 (29/01/2015 – 31/01/2015)
• 1st month billing R 349.00 ( 01/02/2015 – 28/02/2015)
• 2nd month billing R 349.00 ( 01/03/2015 – 31/03/2015)

Debit order will be deducted from your account on 27/02/2014 for the total amount of R 732.90
Should a customer’s monthly debit order return as rejected for any reason, a rejection fee of R50 will incur and this will immediately be billed as a separate invoice.
Upon signing up with Business Solutionz, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any top up invoices generated for Internet connection. As all invoices are automatically e-mailed immediately after they are generated, it is the client’s responsibility to contact Business Solutionz, should they have any queries relating to an invoice upon receipt thereof.

Responsibility

Business Solutionz takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and Business Solutionz chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Disclaimer

Business Solutionz at its sole discretion, may choose to change the terms, conditions and operation of this website at any time without notice.  This includes the occasional adjustment of our pricing allowing for the notification of our clients within 21 days.

Non Payment on Overdue Invoices

All invoices – unless otherwise indicated are due COD, or by the first of each month as all monthly services are billed in advance for the upcoming month.  Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client’s profile.  Should we receive no response with regard to outstanding invoices, the account will be handed over to our listing agency – Accountability.  The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment to Business Solutionz. Should payment not be received after the 30 days, the account holder will be blacklisted for non-payment.

It is the responsibility of the client to ensure that Business Solutionz has their updated details, and this is available for each client to view in their client area. It is also the responsibility of the client to be in contact with Business Solutionz to arrange for payment before the account is handed over.

Technical Support regarding Overuse Investigation

Our Internet access platforms already provide clients with detailed statistics of usage. Sometimes clients find it difficult to understand that they are using such a large amount of overuse. If a client is unable to resolve the issue using the tools at their disposal and they would like Business Solutionz to investigate further, our Support team will be able to assist on this matter. For further clarity on this please contact our help desk.

Termination of Service

The General Terms of Service of this agreement commences on the Effective Date and will continue indefinitely, subject to termination by either party on 1 (one) calendar months prior, following our online cancellation procedure.

Cancellations are accepted by completing an online cancellation request in the customer client area. Cancellations are processed as follows:

1. Should the cancellation request be received before the 16th of the current month, this will result in the package being terminated (including all relevant files, information and history) on the 1st day of the following month.  (E.g. The cancellation is received on 15 June, and the product will be terminated on 1 July.)
2. Should the cancellation request be received after the 16th of the current month, this will result in the package being terminated (including all relevant files, information and history) on the 1st day of the second month. (E.g. The cancellation is received on 17 June, and the product will be terminated on 1 August.)

VoIP Cancellations

Please note that should you require your VoIP services cancelled, a 30 day notice period is applicable. As Business Solutionz is a reseller for this product, you will need to request a separate cancellation for this service.

An email should be sent to accounts@businesssolutionz.co.za to request that the VoIP services be discontinued and cancelled with the supplier. Business Solutionz will process the cancellation with the supplier on your behalf once the cancellation email has been received.

Client Contact Details

It is the client’s responsibility to keep their contact details up to date.

Health and Safety Regulations

In compliance with best practice, we do not allow engineers to complete any work during harsh winds or on wet surfaces especially roofs. All appointments scheduled on days when there are strong winds or rain, will be rescheduled to the next available date. This is due to safety regulations and the risk of injury.

Support Procedures

Business Solutionz has standard procedures for obtaining technical support and escalations.

Clients are requested to log a ticket when experiencing difficulties. Methods for logging tickets are as follows:

• Using our website, https://www.businesssolutionz.co.za/contact
• Sending an e-mail to support@businesssolutiionz.co.za
• Phoning us on 0617057866

When requesting technical support. All our technical support cases are attached to a ticket number which we use to trace the issue through our system. Without a ticket number, we cannot process any support request. Should you not receive a ticket number by default, please ensure that you ask for one. If you require to escalate a call, ensure that you quote your ticket number when proceeding with the escalation request.

Our system is set up to handle all technical support queries in an efficient manner and problems will only be addressed by following one of the three reporting methods above.

Our SLA and turnaround times

The following response time periods are applicable with regards to our support structure:

• Within 24hrs – emergency maintenance to Business Solutionz infrastructure such as high sites and apartment hotspots
• Within 72hrs – snag list resolution of jobs already started
• Within 4 working days – maintenance and call out jobs
• Within 4 working days – large site installations and network setups once quote accepted
• Within 10 working days – client standard installations from forms received

These times do not include weekends or public holidays.

Labour Rates

Standard Labour – New installations – R 500.00 per hour

Support Labour – onsite support or moving equipment – R 500.00 per hour

Contact Details

Installations – Use of own equipment or own installation done

Business Solutionz does not bear responsibility for a lack in QoS (Quality of Service) of the package line stability and speed, when equipment is used for a wireless installation that is not purchased from us directly or if the recommended equipment is not used.

Criminal Activity on Business Solutionz network

No form of criminal activity will be tolerated on Business solutionz network. This includes hacking or phishing or trespassing on any person’s system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Business Solutionz for the information. Business Solutionz, however, reserves the right to disconnect a user’s system until such time as the investigation is completed.