Terms and Conditions

PLEASE READ THE FIRST PARAGRAPH !

WE WANT YOU TO KNOW WHAT YOU ARE SIGNING !

It has come to our attention that many people are so anxious to subscribe to our service, that they just don't seem to find the time to read the terms and conditions. This is not a good thing, because if you don't read them, you may find that the service costs you more than you expected because sometime there are penalties if you infringe a condition - we don't want this to happen and we are sure you don't want this to happen either.

To help those users just itching to go, a summary of the restrictions/limitations on these accounts is documented, so that you can have an idea of the service that you are subscribing to without reading the whole document.

If there is a dispute the Terms and Conditions will take precedent to the summary. We ask you to take the time to read this whole document, we can guarantee that the price that you see, as cheap as it is, will not change in the time it takes you to read this, in fact if anything it may be made cheaper.

At first glance it may appear that the restrictions are "ridiculous" or "too restrictive", however, each of these restrictions has a logical reason for being there and these reasons are listed right at the bottom of this document or in the FAQ under  " What are your reasons for all the restrictions in ..." .

If you do a price comparison you will find that we offer amongst the cheapest 3Gig service by far and on some line speeds we are almost half the price of our nearest competitor and more than 3 times cheaper than others. These prices are NOT an "opening special", Cybersmart was established in 1998 and these particular prices have remained the same since July 2005.

Be assured these restrictions are here for three reasons only, to keep the price down by streamlining our administration, to protect you from other malicious users on the Internet and to protect us from fraud.

When reading a restriction, please read the explanation and then ask yourself whether or not it is reasonable; we are confident that you will think that it is especially when considering the huge cost savings you will make when subscribing to this service.

1.     Summary of Restrictions/Limitations-----------------------------------

1.1.  Payment is by debit order only. The debit order will be processed on the first working day of every month.

1.2.  You are required to give one months notice in writing when cancelling.

1.3.  You may only use the account at one location - you may not use the same account at your home and at your office or at your friend's premises, but you may connect as many computers as you wish at your own premises.

1.4.  You can only use one account at the same location- if we detect multiple accounts connecting from the same place, all subsequent accounts will be treated as top ups and you will be charged the top up rate.

1.5.  You are required to use the @cybersmart.co.za email address that comes free with your ADSL account

1.6.  If you overshoot your 3Gig Cap by manipulating the session timeout, the Gigs that you used, but did not pay for will be subtracted from your following months cap.

1.7.  If you subscribe to our ADSL service, you are required to cancel any other ADSL service you may have with any other ISP.

1.8.  If you make a mistake and say that you have a 192Kb service installed but you in fact have a 512Kb circuit installed, don't worry, you need not phone in and tell us, our system will detect it and your price will be adjusted to the price advertised for the correct circuit speed.

1.9.  If you have applied for the One Price ADSL package you will be paying the R275.00 once off setup fee which includes a FREE non-wireless ADSL router ,pots filter and the courier fee .

1.10.   In the event of you having received a free or discounted adsl router as part of your package ,  should you terminate the contract within 12 months you will be required to pay the full purchase price of the router or return it to Cybersmart with all its contents.

1.11.   In order to subscribe for an ADSL circuit you must have an account based analogue telephone line. It must not be a pre-paid line and it cannot be an ISDN line. If you need assistance in converting the line please email us at info@cybersmart.co.za

1.12.   These restrictions are here to help us streamline our administration and reduce our overhead so that we can pass on these savings to you the customer. There are further long winded reasons for these restrictions document below the terms and conditions and repeated in the FAQ under   "What are your reasons for all the restrictions in ...", for your added reading pleasure.

2.     Terms and Conditions of services

2.1.  All prices are VAT inclusive.

2.2.  Payment is by debit order only and in advance for the services that you receive. The debit order will be processed on the first working day of every month.

2.2.1.     Failed debit orders carry a penalty of R50 which will be levied against your account. Even though your subscription is collected via debit order, you will receive an invoice via email for your records.

2.2.2.     Should your debit order fail, your services will be disabled immediately and you will be required to pay your arrears, the R50 debit order penalty,  and a deposit amount equal to 50% of the failed debit order to a maximum of R500.00 before your service is re-enabled again. The deposit required will double every time your debit order fails. The deposit will be refunded, interest free on termination of the service.

2.2.3.     Cybersmart reserves the right to reprocess failed debit orders at any time for the outstanding amount or any part thereof. 

2.2.4.     If you do not use your adsl service in the month this does not entitle you to stop your debit order, your adsl  monthly subscription is payable irrespective of whether you use your adsl service or not or whether your service is disabled or not and the monthly amounts will continue to accrue against your account until the service is cancelled.

2.2.5.      By successfully completing this application on-line you are electronically signing the debit order instruction below.

2.2.6.     You will be sent a copy of this debit order instruction to your cybersmart email address for your records. We require that you return this document by fax to (087) 625 0003 or (021) 461 0015, so we can give it to the bank for their records.

2.2.7.      Section 39.1 of the RICA Act  (http://www.cybersmart.co.za/rica/#informationtobeobtainedandkeptbycertaintelecommunicationserviceproviders) requires us to keep a copy of your identity document and proof of residence. Any document showing your street address such as your Telkom Account, Rates/Electricity  Account, bank statement, SARS IRP5/6 form can be use ad proof of residence.

2.2.8.     Please fax these documents with the debit order instruction. Should you not return these documents, your account will be disabled, however the debit order instruction will still remain in force until you cancel your account by following the cancellation procedure shown below or until our systems detect that your account has been disabled for more than two months.

2.3.  You are required to give Cybersmart  1 calendar months notice when terminating a service.

2.3.1.     For the absence of doubt examples are given.

·              Should you cancel your service on the 1 July, you will be required to pay for both July and August months.

·               If you cancel your service on 15 July, you will be required to pay for July and August months.

·              If you cancel your service on 31 July, you will be required to pay for July and August months.

2.3.2.     A service can only be cancelled by FAXING it to (087) 625 0003 or (021) 461 0015. On the cancellation FAX you must include the following: Your name and ID number, your ADSL account name and a copy of your ID. This copy of your ID is required as it is compared to the earlier ID document received in the application - this prevents a person maliciously cancelling someone else's service. Please make sure that you keep the confirmation of receipt produced by your FAX machine as proof of cancellation date. Your account will be deleted on the last day of the following month.

2.4.  You may not sign up for multiple accounts using the same bank details.

2.5.  For the protection of all customers, should you fraudulently enter bank details not belonging to yourself, Cybersmart will

2.5.1.     lay criminal charges against you.

2.5.2.     prevent you from subscribing to this service again.

2.5.3.     blacklist the location that you were using.

2.6.   If you connect with a faster circuit, you will AUTOMATICALLY be billed for the higher circuit price.

2.7.  All prices include 1 Free 2048Mb email address @cybersmart.co.za

2.8.  An additional R5.00 per month will only be levied if you wish to have the email address @yourdomain instead of @cybersmart.co.za. The cost of registering @yourdomain is not included.

2.9.  If your account is activated after the 20th of the month both the amount that you are invoiced and the Gigs that you have bought will be prorated . For the absence of doubt examples are provided. 

2.9.1.     If you are activated on the20 July, you will be billed for the full month of July and receive the full Gigs.

2.9.2.     If you are activated on the 21 July you will be billed for the remaining 10 days in July and you will receive 10/31 of the Gigs.

2.9.3.     However you will be billed pro rata for the circuit from date of activation of your ADSL circuit irrespective which day of the month it is activated.

2.9.4.     Since payment is for services in advance, your FIRST debit order amount will be for the month that you are activated in plus the following months services.

2.10.   You are required to use your @cybersmart.co.za email address that comes with this account.

2.10.1.  All billing information and notifications go to this address and we assume that if we have sent it there you have received it.

2.10.2.  Cybersmart reserves the right to block mail fetched from other networks either via pop or imap, should we find that customers are not using their cybersmart email address.

2.10.3.  Should you wish to use another email address or guarantee that pop or imap is never blocked for you, it will cost you an addition R5.00 per month.

2.11.   You may connect from ONE location only per account, you will AUTOMATICALLY be billed for every additional location(s) at R100 for each additional 192Kb connection, R125 for each 384Kb connection, R185 for each 512Kb location.

2.11.1.  You may only connect from ONE account per location.

2.11.2.  Additional accounts at the same location will be disabled or the owners of each of the secondary accounts will be billed at the top-up rate as prescribed on our web-site from time to time.

2.12.   You receive a 3 Gig CAP which is the sum of your upload/download traffic. Spare Gigs are not carried to the following month unless you have done a "rolled top up" in which case whatever is left of your "rolled top up" gigs will be carried over to the following month.

2.12.1.   Uploading and downloading is not limited to reading web pages and browsing the internet. Getting email, listening to the radio, streaming video clips are also included in your download/upload limit. It is possible to download more than 3Gigs on a 3Gig account by exploiting the way statistics are gathered and manipulating the session timeout.

2.12.2.  Should Cybersmart detect that a user has downloaded more than 3Gigs on a 3Gig account without "topping up", these extra Gigs that were used, but not paid for will be subtracted from the users Gigs in the following month.

2.13.   If you run out of gigs during the month, you may add additional gigs in 1Gig and 3Gig increments.  Such top-ups will be charged at the rate displayed on the web-site at the time that the application for a top-up was made and the further acceptance of these terms and conditions

2.14.   Should you top up during the month, this amount will be collected in the debit order run on the 1^st working day of the following month. The Gigs that you top up DO NOT carry over to the following month unless you have paid the rollover fee, nor are they prorated.

2.15.   Cybersmart scans emails for both viruses and unsolicited bulk email (SPAM). Cybersmart will not be held liable should an email be erroneously blocked as SPAM.

2.15.1.  Further, Cybersmart uses a third party virus scanner in order to scan for viruses. Only viruses that are known by this scanning software can be blocked. 

2.15.2.  Cybersmart will not be held liable for any damage caused by a virus that was unable to be blocked by the virus scanner. 

2.15.3.  A customer is prohibited from sending unsolicited bulk email and our mail servers will only allow you to address your email to a maximum of 25 receipients.

2.16.   If you use our ADSL service, you are required to cancel the ADSL services that you might have at other providers. We have incurred thousands of support hours fixing problems that result from settings specific to other ISPs. Should we find that we are not your only ADSL provider, we will degrade your service

2.17.   For purposes of billing you will be billed according to the circuit speed that you are using not the circuit speed you subscribed to in the signup process.

2.17.1.  As an example, if you have signed up for a 192Kb circuit but the exchange reports to us that you are using a 512Kb circuit; we will advise you of such and then adjust your subscription accordingly.

2.17.2.  If you can produce a Telkom account that is not more than one month old showing that the exchange is indeed reporting the wrong speed, we will give you six months grace before we check again, if at such a time your line speed is still incorrect, the above procedure will unfortunately have to be repeated.

2.18.   Terms and conditions may change without prior notice.

3.     DOMICILIUM AND NOTICES

3.1.  The parties choose domicilium citandi et executandi for all purposes under this Lease as follows :

3.1.1.     Cybersmart:

72 Canterbury Street

Cape Town

8000

3.1.2  The Cybersmart ADSL Account Holder at either of:

3.1.2.1  Fax No.                 

3.1.2.2  Email

3.1.2.3  Physical Address (Home)

3.2.  Any notice required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing.

3.3.   Any notice given and any payment made by one party to the other ("the addressee") which :

3.3.1.     is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery;

3.3.2.     is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the fourth (4th) day after the date of posting;

3.3.3.     is transmitted by fax or email shall be deemed (in the absence of proof to the contrary) to have been received within  one (1)  hour of transmission where it is transmitted during normal business hours of the receiving instrument and within  four (4) hours of the commencement of the following business day if transmitted outside those business hours.

4.     Acceptance by Cybersmart of this contract

4.1.  Cybersmart confirms acceptance of this contract at the time the prospective customer  accepts these terms and conditions and clicks the “Go” button to complete the application and create the connectivity account  and that such acceptance will have been recorded with the date and time of such acceptance.

5.     Debit Order instruction

5.1.  To: Cybersmart cc (ck 1998/035767/23)

72 Canterbury Street, Cape Town, 8001

Phone: (086) 100 3278

Fax: (087) 625 0003 or (021) 461 0015

5.2.  I hereby request, instruct and authorise Cybersmart Pty Ltd to draw against my bank account entered on the online signup form (or any other bank account to which I may transfer my account) the balance reflected on my monthly Cybersmart statement sent via email, being the amount due in respect of all monthly Internet Services subscribed to at Cybersmart less payments receipted in advance, excluding deposits. The amount due will be drawn on the first working day of every month and will continue until cancelled in writing. I understand that if no amounts are due then no amounts will be drawn.

5.3.  I understand that in the event of my debit order failing Cybersmart will have the right to process further debit orders during the following month in an attempt to recover the outstanding balance

5.4.  All such withdrawals from my bank account by Cybersmart Pty Ltd shall be treated as though they have been signed by me personally. I understand that the withdrawals hereby authorised will be processed electronically and I also understand that details of each withdrawal will be printed on my bank statement or on an accompanying voucher.

5.5.  I agree to pay any bank charges relating to this debit order instruction.

5.6.  This authority may be cancelled by me by following the cancellation procedure, as documented in the terms and conditions that I have agreed to,a copy of which is viewable at  http://faq.cybersmart.co.za/index.php?action=artikel&cat=2&id=2&artlang=en

5.7.  I understand that I shall not be entitled to any refund of amounts which, Cybersmart Pty Ltd has withdrawn whilst this authority was in force, providing such amounts were legally owing to Cybersmart Pty Ltd.

5.8.  ASSIGNMENT:

5.8.1.     I acknowledge that the party hereby authorised to effect the drawing(s) against my account may cede or assign any of its rights to any third party without my prior written consent and that I may not delegate any of my obligations in terms of this contract/authority to any third party without prior written consent of the authorised party which shall not be reasonably withheld.

5.9.  ACKNOWLEDGEMENT:

5.9.1.     I acknowledge that this document will serve as a copy of the debit order authority that given to Cybersmart Pty Ltd when I would have subscribed online on and that the debit order authority would have been in force from that date. I acknowledge that the debit order copy would have been generated when I checked the checkbox online "I have read, understood and accepted the Terms and Conditions" a copy of which can be obtained from http://faq.cybersmart.co.za/index.php?action=artikel&cat=2&id=2&artlang=en

6.     Reasons for Restrictions

6.1.  Why only debit order payments?

6.1.1.     This restriction allows us to reduce our overall cost to you.

6.1.2.     If we accepted other means of payment, we would have to employ additional staff for the sole purpose of debt collection. Unfortunately, the staff required to do debt collection grows in proportion to client base size and the only way to recoup this cost would be to build it into the cost of the service, thereby increasing your cost.

6.1.3.     There have been complaints that bank charges for debit orders are much more expensive than if an internet transfer is done.

·               If you do an internet transfer before the 21st of each month, you will receive an email saying that the amount you paid has been receipted and the debit order will not go off your account.

·              Should you decide to pay via an internet transfer PLEASE make sure you use as a reference our internal short code which you will be supplied with.

·              Using "ADSL subscription" or "ADSL" as a reference makes it impossible for us to identify you and the debit order will still come off as we will be unable to allocate your payment.

6.2.  Why is one months notice period required?

6.2.1.     We need to submit the debit order run to the bank before month end. If you cancel near the end of the month, the run may have been submitted already, the 1 month notice period gives us time to make sure you are no longer in the run.

6.3.  Why am I allowed to connect from one location only?

6.3.1.     This restriction is for your security. The ADSL username and password are sent across the internet in clear text and as a result can be captured by a "hacker", this is a function of the equipment at the Telkom exchanges and there is nothing we can do about it.

6.3.2.     There are also a number of unscrupulous installers and support companies that use the ADSL username and passwords of their clients. If we see that someone is using your account from another location, we assume your password has been compromised and we will warn you that your account is being used elsewhere.

6.3.3.     This restriction avoids unpleasantness later, when you claim your Gigs have "disappeared" or you couldn't have downloaded so much. If you are restricted to using the account from one location, then nobody but you could have used those Gigs.

6.3.4.     Another reason for this restriction is that we charge different amounts depending on your circuit speed. If you have a 512Kb line at your business and a 192Kb line at home and you use the account at both locations, it is not fair to expect us to charge you at the 192Kb rate.

6.4.  Why only one account per location?

6.4.1.     It is regrettable that in some circumstances such as when a debit order bounces or when a client has entered fraudulent bank details that we are forced to blacklist a location. When a location is blacklisted all accounts connecting from that location will not be able to connect irrespective of whether the other accounts are fully paid. In this situation we are denying some people service even though they are fully paid creating a legal position that we would like to avoid and thus the restriction is enforced.

6.4.2.     Furthermore, we provide the cheapest ADSL service by far, to try work around the system to make it even cheap for yourself is like grabbing the whole arm when all that is offered is a hand.

6.5.  Why must I use a @cybersmart.co.za email address?

6.5.1.     All notifications and invoices are sent to this email address.

6.5.2.     We can guarantee that our notifications will be delivered to our servers, but we cannot guarantee that to be the case for mail servers off site.

6.5.3.     If we know that you are using a @cybersmart.co.za email address, we know that you are getting our invoices, statements and notifications which reduces our support calls and therefore our support staff size and therefore our cost to you.

6.5.4.     As an example, you will be notified via email should we predict that you are likely to exceed your cap. If you get capped you will know beforehand and will not have to phone in and find out.

6.6.  Why do you charge me for the Gigs I used but did not pay for?

6.6.1.     Our advertised price is for a 3G account, not a 3.1Gig or 3.2Gig account.

6.6.2.      If you manage to get more  then you will be required to pay for it the following month.

6.7.

6.7.1. A large number of support calls are originating from users who are using us as a secondary ISP. They can't remember how to configure their router to put in our ADSL account, or their email does not work when they use our ADSL account or the accelerator product of their primary ISP is causing our account not to work optimally. All these support calls are as a result of some configuration or program used by another ISP. Invariably these problems take substantially longer to fix, with the net effect that it increases our support cost. It is not fair to expect customers that are loyal to our brand to receive the same service as customers who are not. We will degrade your service should we find that you are using another ISP so that we can give better service to our loyal customers.

7.      ADSL Acceptable Use Policy

7.1.  You will not use the ADSL Service, directly or indirectly, in a way that:

7.1.1.     spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment;

7.1.2.     interferes with any third party’s use of the ADSL Service;

7.1.3.      transmits unsolicited bulk messages ;

7.1.4.     in Cybersmart’s sole discretion constitutes abuse of the ADSL Service or of Cybersmart’s systems.

7.2.  Cybersmart reserves the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.

7.3.  You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the ADSL Services, or create an unusually large burden on our network or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or use the ADSL Services in an abusive manner.

7.4.  Cybersmart reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the ADSL Service. You must comply with any bandwidth, data storage and other limitations we may impose, in our sole discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our sole discretion.

7.5.  Cybersmart will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.

7.6.  We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.

7.7.  We can terminate any ADSL Service at any time if we decide to discontinue such ADSL Service offering for any reason whatsoever, without any further liability to you.

7.8.  If the ADSL Service is used in a way that we, in our sole discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the ADSL Services or your account.

• Open Internet Explorer and type in the address bar 192.168.1.1 and press enter.

• Enter the Username and Password in the login box.
• Username : admin
• Password : admin
• This will bring you to the setup page, click on Wizard on the left which will take you through the wizard setup.
• Enter settings as displayed below.

• Country : Default
• Area : 8/35
• VPI : 8
• VCI : 35
• Enable Quality of Service must not be ticked
• Click next to go to step 2 of the wizard setup

• Connection Type : PPP over Ethernet ( PPPoE)
• Encapsulation Mode : LLC/SNAP-BRIDGING
• Click next to go to step 3 of the wizard setup

• PPP Username : Enter your username that was supplied by Cybersmart
• PPP Password : Enter your password that was supplied by Cybersmart
• PPPoE Service Name : Blank
• Authentication Method : Auto
• MTU : 1492
• Dial on Demand : no tick in box
• PPP IP Extension : no tick in box
• Use Static IP Address : no tick in box
• Retry PPP password on authentication error : no tick in box
• Bridge PPPoE Frames Between WAN and Local Ports ( Default Enabled ) : box must be ticked
• Click next to go to step 4 of the wizard setup

• Enable IGMP Multicast : no tick in box
• Enable WAN Service : box must have a tick
• Service Name : pppoe_8_35_1
• Click next to go to step 5 of the wizard setup

• This will show the WAN Setup – Summary
• Click Save/Reboot
• This will save the settings and reboot the router

Note: Stopping your debit order or not returning the required documentation or not using your account does not constitute a cancellation.

See a copy of the Terms and Conditions for a worked example, under Payments, number 3.

The body of the email is helpful in identifying the content of the spam and can be used to train the Baysian filters. In most cases the email address that appears to have sent the email is forged and so the full email headers help up track and trace the original sender of the spam.

Examples of the what the full email headers looks like are shown below: 

Here is a example of just the header (not full) and body.

Here is an example of just the full headers