Terms and Conditions

No-one really likes digging through the small print, but it’s essential to have these terms and conditions in place so that everyone is protected. However we’ll try and keep them as simple and easy to read as possible.

The purpose of these rules is to protect both you as the customer and us as the service provider. This is the best way to prevent any problems that may disrupt the business relationship between us. If you have any questions regarding any of the points below then please e-mail us at helpdesk@networkplatforms.co.za and we will clear up any confusion.

We have tried to include everything that could cause a problem. Sometimes the terms of service are changed, so please revisit this page every now and then to keep yourself up to date on any changes that may affect you.

Network Platforms will send you computer generated invoices for all services rendered to you. All such invoices and credit notes will be sent to you via e-mail.
ADSL Terms of Use

General
These terms and conditions govern the use of all of the Network Platforms DSL services. Network Platforms offers both capped an uncapped DSL services – please visit our website FAQ section for more information so that you can decide which level of service best fits your needs.

Your contract with Network Platforms is a legally binding document by which you agree to make use of our services in terms of the conditions of this Agreement.

You (the customer) or someone specifically appointed by you (the customer’s agent) must certify that you or the agent is above the age of 18 years, has full contractual capacity and is duly authorised by you as the Applicant to contract on your behalf.

Applicable Documents
The following legal provisions apply to the provision of the Network Platforms DSL service and are binding on any subscriber to such service:

Our Acceptable Use Policy (AUP) is also available in printed form from the Network Platforms Head Office or from any authorised Network Platforms Reseller. In addition, Telkom’s Standard Terms and Conditions for the provision of Public Switched Telecommunication Services also apply and are available here or from any Telkom Direct shops.

If you are a customer or a potential customer of Network Platforms, we advise you to read and understand Telkom’s rules because they affect any agreement entered into between you and Network Platforms if you are a Telkom customer.
Service availability and confirmation of service availability
You must have a valid and active telephone service with DSL capacity in order to subscribe to the Network Platforms DSL service. It’s best to confirm the availability of the DSL service at your location before purchasing or ordering a DSL modem or other hardware.

The availability of DSL services can be checked here.

Network Platforms cannot guarantee to provide any service on receiving your telephonic or electronic order because you must first have an active DSL telephone connection in place. We will advise you as soon as possible after receiving your order as to whether or not we can provide you with DSL internet connectivity.

Service availability to any applicant is further subject to:

 Any credit checks which Network Platforms may, in its sole discretion, choose to carry out. For this purpose the applicant hereby authorises Network Platforms to conduct credit checks and provide relevant information to any credit bureau as may be required for this purpose; and

 The applicant must comply with RICA customer registration requirements.

Payment and payment terms
Service fees are payable to Network Platforms monthly in advance through a debit order, or other payment mechanism to be agreed upon.
Payment is due on the last working day of each and every calendar month. Billing will begin on the date on which service provision starts.

Term and termination
Network Platforms only operates month-to-month contracts, which may be cancelled on receipt of a written notice 30 days before the termination date.

Network Platforms reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use. The company nevertheless undertakes to act in a reasonable manner in undertaking any such course of action.

The customer acknowledges that Network Platforms may terminate this agreement by written notice and without liability if for any reason the company terminates its agreement with an upstream DSL service provider necessary for the provision of the Network Platforms DSL service.
Bandwidth top-ups
When subscribers have used up the bandwidth they have purchased for the month or when they reach the limit of their fixed cap, they will be hard-capped. This means that users will have no further access to the internet, additional bandwidth can be purchased at https://topup.networkplatforms.co.za even when capped and billed in arrears for the additional bandwidth.

Concurrent Connections
Uncapped packages allow only one connection and user for each account. Capped packages allow simultaneous connections from different locations for each account.

Magic DNS service
All accounts are enabled with our Magic DNS service which is a dynamic IP service. This updates a DNS name associated to your account, which would be the prefix of your user name (username.npddns.co.za)

Uncapped DSL – Fair Use Policy
Network Platforms does not utilize throttling to control access speeds.

Network Platforms reserves the right to alter the controls of its Uncapped DSL services while retaining its uncapped nature.

Usage Monitoring
Network Platforms’ monitors subscribers’ bandwidth usage in order to ensure that bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service provided by the subscriber’s telephony provider, including session-based monitoring whereby bandwidth usage is calculated at the end of each DSL usage session. Consequently a subscriber’s DSL connectivity will be interrupted briefly for a very short period of time once every 24 hours.

Network Platforms further reserves the right to take any necessary measures to monitor and calculate usage effectively, including terminating subscriber DSL sessions by remote means.

If a subscriber exceeds the pre-purchased bandwidth or fixed cap then:

Network Platforms, at its sole discretion, may allow a degree of over usage. Any such over usage allowance is a discretionary indulgence on the part of the company and shall not in any manner constitute a waiver or relaxation of the company’s rights to enforce the hard cap.

Network Platforms may, at its sole discretion, recover the cost of the over usage from the subscriber’s fixed cap for the next month or from the next top-up purchased.

Network Platforms also monitors its systems for performance and accounting purposes. The information which the company garners through these mechanisms may be used to ensure that users are complying with the Terms of Use and AUP.

Subscriber usage management
Subscribers can manage their usage proactively to avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Network Platforms website and clicking on the ADSL TOPUP link.
Disclaimer and Limitation of Liability
Network Platforms accepts no liability for any loss or damage to the customer’s property or equipment arising out of the provision, installation or maintenance of the DSL access 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 or internet activities that are authenticated by credentials (passwords or other information) associated with their account(s). Network Platforms advises clients to change their passwords regularly to avoid any security problems. The company accepts no liability for any loss or damage suffered by subscribers through the use or misuse of their passwords or other authentication credentials.

The provision of the Network Platforms DSL service is subject to:

•  The provision of upstream and network services by third-party providers;
  
•  Network availability;
  
•  Distance of the user’s equipment from the local telephone exchange;
  
•  Quality of the copper telephone line or wireless telephony service as provided by the user’s telephony provider; and
  
•  Line sync speed limitations which may be applied or incurred through the telephony service provider;
  

Network Platforms reserves the right to refuse DSL service based on network, domain and/or equipment identifiers.

NETWORK PLATFORMS WILL NOT BE LIABLE TO THE SUBSCRIBER OR TO 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, HOWEVER THESE ARISE.

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

“Best effort” service
Because at present Telkom only offers DSL access services as a “best effort” service, Network Platforms‘ DSL service is likewise also a “best effort” service. Network Platforms provides no guarantees or warranties whatsoever on throughput speed or any other aspect of the service. This includes but is not limited to warranties in respect of merchantability, non-infringement of third party rights, and freedom from errors or interruptions or availability, other than those warranties that are specified in these terms and conditions.

Due to the fact that Telkom (or other telephony providers) cannot guarantee bandwidth speed when subscribers access the Internet over a DSL access line, likewise Network Platforms can also not provide such a guarantee.

DSL is a means to access the Internet and so remains subject to any bandwidth related constraints which may apply in the environment of the World Wide Web (WWW).

ADSL Service Level Agreement (SLA)
Network Platforms can tailor a SLA to suit your company’s needs. The benefits of a service level agreement are:

•  Guaranteed turnaround times
  
•  Reduced hourly rates
  
•  Remote and onsite support
  
•  Good IT infrastructure maintenance, (proactive rather than reactive support)
  
•  Peace of mind that support is always available when required
  
•  Remote system monitoring

DSL Profile
The following DSL profiles are available (quoted figures refer to line sync speed):

DSL Up to 384kbps
Downstream: min 256kbps; max 384kbps
DSL Up to 1024kbps
Downstream: min 416kbps; max 1024kbps
Upstream: min 192kbps; max 256kbps

DSL Up to 4096Kbps/10016kbps
Primary profile
Downstream: min 640kbps; max 4096kbps or 10016kbps
Upstream: min 256kbps; max 512kbps

The DSL up to 4096kbps/10016kbps service has four sub-profiles that are used to stabilise DSL connectivity. Service interruptions such as re-syncs on ADSL lines may arise because of distance to the local telephone exchange, noise and attenuation. Subscribers who experience such problems can be accommodated on any of the secondary profiles below:
Secondary profile
A. min sync rate: 640kbps; max sync rate: 4096kbps
B. min sync rate: 640kbps; max sync rate: 3072kbps
C. min sync rate: 640kbps; max sync rate: 2048kbps
D. min sync rate: 640kbps; max sync rate: 1024kbps

What this means is that if a subscriber’s service does not sync at the profile listed in A above, their service will be accommodated on levels B, C or D depending on the line sync speed.

Subscribers will automatically be upgraded to the highest speed possible on the service that they applied for in terms of the profiles listed above. Where the DSL service is unable to connect (or sync) at the correct speed according to the user’s profile because of factors such as line length or quality, the service will be downgraded in decrements of 32kbps. This will not exceed the minimum download speed, but the lower profiles will be utilised until the service connects successfully.

Where a subscribers line syncs at a certain rate but then later degrades, the service will be again be downgraded in 32kbps decrements until sync is re-established. The downward synchronisation rates will be implemented automatically within the parameters of the profile.

There are certain areas where line sync of up to 10Mbps may be achieved. Additional synch profiles are:

min sync rate: 640kbps; max sync rate: 10016bps
min sync rate: 640kbps; max sync rate: 8032kbps
min sync rate: 640kbps; max sync rate: 7008kbps
min sync rate: 640kbps; max sync rate: 6144kbps
min sync rate: 640kbps; max sync rate: 5024kbps

Contention ratios
The contention ratio (i.e. the number of users sharing a DSL line) fluctuates as the service grows and more customers and infrastructure are added. The more users there are on the line, the slower the speed at which data travels over that connection. Users should choose an ISP based on the lowest contention ratio on offer in order to maximise their connection speed. Our contention ratio is 20:1 and where possible we try adhering to this.
Repairs
Network Platforms assumes that DSL service provision to a subscriber is in good working order until such time as the subscriber advises Network Platforms Support of any problems or service interruptions.

Any faults or service interruption should be reported by e-mailing helpdesk@networkplatforms.co.za or by calling the Network Platforms Client Services during office hours on 0861 112 129.

Depending on the circumstances of the service interruption and nature of the repairs required, either Network Platforms or your telephony provider will be responsible for fixing the service. Repairs will optimally occur during office hours and the relevant service provider will strive to restore the DSL service in the shortest possible time.

If either Network Platforms or the telephony provider ascertains that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement, the subscriber will be liable for payment of the relevant call-out charge.

Service credit
The subscriber is entitled to a credit on the rental amount of the service for the duration of the interruption on a pro-rata basis. However this only applies if the ADSL service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit excludes the line rental for the twenty four (24) hour period.

The calculation of time periods for the purpose of determining any credit for service interruption will only begin at the time when the fault is reported to Network Platforms Support. The credit will only be passed on request.
Cancellations
To cancel a service, a subscriber must give Network Platforms written notice no later than one calendar month before termination is required. Such notice will take effect on the first day of the month immediately following the end of the notice period.

Amendments
It is important to note that these terms and conditions are subject to change, due to a variety of factors. Subscribers must agree to revisit these terms and conditions regularly to check for updates. Network Platforms will highlight any changes that have been made.

Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Network Platforms.

Network Platforms Domain and Hosting Services Terms of Use

Introduction
These terms and conditions govern the use of the Network Platforms’ domain registration and hosting services. By entering into a contract with Network Platforms for the specified services you will be legally bound by the agreement and must comply with the provisions listed therein.

The customer or the customer’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the customer to contract on the customer’s behalf.
Domain Registration
Network Platforms registers Internet domains through the relevant governing bodies and hosts websites and related data on the Network Platforms server(s) on behalf of its clients. These terms and conditions apply to the use and registration of domain names and the web hosting services which Network Platforms provides.

Initial Set-up fees are non-refundable. Domain Name Registration fees are a once-off payment, but are subject to annual renewal charges.

Cancellation
Should you wish to cancel any Domain Registration or Web Hosting, you must submit your request in writing to Network Platforms one calendar month (30 days) before the date of termination.

Network Platforms reserves the right to alter its pricing structure at any time, but undertakes to give reasonable notice to subscribers of any such changes. Network Platforms may cease offering certain web hosting package types; however if this occurs the company will then either provide the web hosting service for the remainder of the period that has been paid for or refund the amount paid for that specific package.
Payment and payment terms
The amounts due to Network Platforms for the first month of service will be calculated on a pro-rata basis from the date of signature to the end of that month and will then be added to the first debit at the end of the following month. The client undertakes to ensure that there are sufficient funds in the account from which the debit order is taken to cover such amount.

If a debit order amount is recalled because of incorrect information supplied by client or because there are insufficient funds in the account to cover the amount, Network Platforms will immediately suspend its hosting services for the client’s domain.

If a website hosting service is suspended because of non-payment, a reconnection fee of R150.00 will be payable in order for access to the site to be restored.

Network Platforms may register a customer’s account with a credit bureau along with the payment records of that account.

Liability for registration and use of domain names
Network Platforms does not conduct pre-registration searches concerning the customer’s use and registration of its selected domain name/s. The company is therefore not obliged to either advise the client about possible conflicting third party rights or to take steps to prevent possible disputes arising from a third party’s intellectual property or other rights pertaining to that domain name.

If the use or registration of the domain name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, then that customer has the right to use the domain name.

Network Platforms cannot act as an arbiter of disputes arising out of the registration and use of domain names. The client must acknowledge that Network Platforms may be presented with evidence that a domain name registered by the client violates the rights of a third party. If this occurs then Network Platforms may provide a complainant with the client’s name and address. All further communication will exclude Network Platforms and Network Platforms will have no further obligations to the customer with regard to the matter. In this case the client will be entitled to continue using the domain name in question until a court or other body with jurisdiction gives instructions to terminate the hosting of that domain.
Hosting services
Network Platforms SMTP mail services by default with any hosting packages. These are available on request at an additional charge.

Network Platforms reserves the right to suggest suitable mail service alternatives to the client and / or levy charges for excessive traffic as it deems appropriate and at its sole discretion.

Network Platforms reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems appropriate and at its sole discretion.

Network Platforms reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on an Network Platforms server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.
Disclaimers, Limitations and Indemnities
Network Platforms will not be liable for any loss or damage, 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, delict, or otherwise which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY NETWORK PLATFORMS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Customer hereby indemnifies and holds harmless Network Platforms against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected domain name, even if Network Platforms has been advised of the possibility of such damages.

Network Platforms will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Network Platforms nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Network Platforms’ server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Network Platforms server service, unless otherwise expressly stated in this Agreement.

Network Platforms expressly limits its liability to the client for any period of non-accessibility or other down time to the pro-rata monthly charge during the period of system unavailability. Network Platforms specifically repudiates any responsibilities for any damages arising as a consequence of such unavailability.

Network Platforms is not responsible for any network and firewall measures taken by third parties to block access to services which Network Platforms provides. If a client’s network is set up in such a manner so as to block certain ports or web addresses that compromise the services which Network Platforms provides, it is then the responsibility of the client to ensure that the network configuration is changed to rectify the situation.
100% Website Uptime Guarantee
The 100% website uptime guarantee is applicable only if the web server, on which a client’s shared web hosting account exists, crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the customer and the web server which prevents the customer from accessing the website. For instance if the client’s internet link is not working but the Network Platforms web server is still running, then the company is not responsible for the customer not being able to access their website.Network Platforms is not responsible if any third party operated network or service experiences problems and outages which limit access to the client’s website hosted on a Network Platforms server. This refers to all network infrastructure and links, the client’s internet connection and firewall service. If the relevant Network Platforms web server is up and running at all times then the website will deemed to have achieved 100% uptime.

The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Network Platforms web servers. If there is scheduled maintenance to be done the customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT) and the web server downtime will be kept to a minimum.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity and transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Network Platforms web server, which may differ from the uptime reported by other individual services.
Use at the client’s own risk
Network Platforms will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Network Platforms network and in no way moderates such content.

The client expressly agrees that use of Network Platforms‘ server(s) and services are at their own sole risk.

Network Platforms is not responsible for files and/or data residing on the client’s account. The client agrees to take full responsibility for any transfers of files and data and to maintain all appropriate backup of files and data stored on the Network Platforms web servers, including e-mail, databases and site content.

Refusal of services based on network, domain and/or equipment identifiers
Network Platforms reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Termination
Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the terms of payment, Network Platforms has the right (at its sole discretion) to demand immediate payment of the full amount owed and demand compliance forthwith with all the terms and conditions Alternatively the company may elect to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Network Platforms may have.

Network Platforms reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.

General provisions
The client confirms that all statements made in this application are true and correct. Network Platforms reserves the right to request proof thereof.

Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa.

Any form of abuse of Network Platforms’ staff will result in suspension or termination of services, irrespective of the form and medium of this abuse.

In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Network Platforms reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
Domain Registrar terms and conditions
In addition to the above the following terms and conditions are applied by the relevant domain registrars for the following domains:

.CO.ZA domains Terms and Conditions
All .UK domains Terms and Conditions
.US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.CO
M, .RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM
& .ZA.COM domains Terms and Conditions