Acceptable Use Policy
Please report any abuse of this policy to abuse @ syscom.co.za
Syscom Internet Service provider, provides its Internet and related services to Customers on the following terms and conditions.
This policy may be updated from time to time by Syscom who will publish any changes to this policy on the Syscom website. The most recent version of this policy, which includes all amendments to date, is available on request or can be viewed on the Syscom website at www.syscom.co.za/policy.
As a Customer of Syscom you are required to familiarise yourself with this policy and to comply with its terms and conditions at all times when using any Syscom Service. Any doubt over the interpretation of this policy or the acceptability of any content or any practice must be referred beforehand to Syscom for a ruling.
As a Customer of Syscom you undertake:
The following activities are prohibited by Syscom:
1. ILLEGAL ACTIVITIES
2. TECHNICAL ABUSE
3. SECURITY BREACH
4. MAIL ABUSE
5. OFFENSIVE MATERIAL
6. ABUSE OF ACCESS
7. BREACH OF SYSCOM STANDARDS
Syscom is entitled to take action to remedy any breach of the terms and conditions of this policy, which action can include, but is not limited to:
The Customer indemnifies Syscom against all claims, liabilities and expenses arising from the use of the Syscom Services and infrastructure, including but not limited to any breach by the Customer of the terms and conditions this policy or the Service Agreement, or of any law or regulation, or resulting from any information, data or material accessed, produced or transmitted by the Customer.
The Customer accepts that mail messages are scanned by Syscom to identify and block any potential viruses and unsolicited bulk mail. The Customer acknowledges that a valid message could be incorrectly identified and blocked and indemnifies Syscom against all liability arising from any loss of data resulting from this scanning.
Web sites with information on protecting minors
The following sites have useful information or programs for protecting minors from problematic online content
In terms of section 75 of the Electronic Communications and Transactions Act (the Act), Syscom has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications or infringements as defined in Section 77 of the Act.
How to request a take-down
If you have discovered content on one of ISPA’s member’s network that you believe is unlawful, you are welcome to send a take-down notification to ISPA, requesting that the material concerned be removed. This request must be made in writing and can be hand-delivered, posted, faxed or emailed. (email preferred.) While you are welcome to phone ISPA with queries, they cannot process take-down requests made telephonically.
|Internet Service Providers’ Association (ISPA)
There are a number of specific requirements for a take-down notification set out in the legislation. If your notification does not include all of this information, ISPA will not be able to process it.
Your take-down request must include the following:
Important note: In terms of section 77(2) of the Electronic Communications and Transactions Act, any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down.
Here is an example of a take-down notification which contains all of the required information:
Upon receipt of your take-down request, ISPA will confirm that all of the required information is included. ISPA will also check that the content you are referring to is hosted on that organisation’s network, and that the remedial action you have requested is feasible. If, for some reason, your request fails one of these tests, you will be notified of the reason. If the requests passes these tests, it will be forwarded on to the service provider in question, and you will receive a reply acknowledging receipt of your take-down request. You should get a response from ISPA within three working days. Should you not receieve some form of response to your notification within three working days, please contact info @ ispa.org.za or call ISPA at the phone number listed above.
Once a service provider has responded to the notification, either by removing the content concerned, or by refusing to remove the content for some reason, you will receive a further notification from ISPA. (You may also receive correspondence directly from the service provider concerned.) Should you not receive this further notification within ten days of your original complaint, please contact info @ ispa.org.za or call ISPA at the phone number listed above.
SECTION 51 MANUAL FOR PRIVATE BODIES
This manual has been prepared in terms of Section 51of the Promotion of Access to Information Act 2 / 2000
Name of Business: Lakeshore Trading 244 (Pty) Ltd
2) The section 10 Guide on how to use the ActThe Guide is available from the South African Human Rights Commission. Please direct queries to:
The South African Human Rights Commission :
Postal Address: Private Bag 2700, Houghton, 2041
Information is available in terms of the following legislation, if and where applicable:
Sections 51(1)(c) and 51(1)(e)
4) Access to the records held [Sections 51(1 )( c) and 51(1)(e)]Records which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1 )( c)]
This information can be defined as operational information needed in the day to day running of the company and is generally of little to no use to persons outside the company.
(Examples of such information are: Requisitions, internal phone lists, company policies, contracts, employee records and general accounting records).
The Request Procedures
The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “regulations” section.
5) Other information as may be prescribedThe Ministry of Justice and Constitutional Development has not made any regulations in this regard.
6) Availability of the materialThe manual is available at our offices free of charge; and copies are available with the SAHRC, in the Gazette and on our website as listed above.
Terms and Conditions of Contract
In this Service Agreement the following words and phrases shall have the following meanings unless
the context otherwise requires:
“Addendums” – The Addendums are any documents annexed to the Service Agreement in respect of
related matters, including without limitation, pricing, service, listing and the specification of equipment
and service level agreements, which are attested to by both parties;
“Internet”- The Internet is the global data network comprising interconnected networks using TCP/IP
(“Transmission Control Protocol/Internet Protocol”);
“Initial Term” – The Initial Term is the period during which SYSCOM shall provide the Service as
defined in the relevant Proposal and which commences on the Completion of the Connection;
“ISPA” – The Internet Service Providers’ Association;
“Proposal” – The Proposal is the document containing the description of the Service to be provided by
SYSCOM to the Customer at the applicable fees charged by SYSCOM from time to time, which
Proposal shall be an addendum to this Service Agreement and hence be governed by the terms of this
“SAIX” – The South African Internet Exchange;
“Service” – Services refer to the provision of Internet services, IT services and other related services
provided by or on behalf of SYSCOM to the Customer;
“Service Agreement” – The Service Agreement is the agreement between the Customer and SYSCOM
incorporating the Terms and Conditions of Contract, Proposal and any Addendums, which by the
signature of the Parties, binds the Customer and SYSCOM in terms of this Service Agreement, in
terms with clause 2 below;
“Subscription Charge” – The Subscription Charge is the total charge specified in the Service
Agreement plus Value Added Tax;
“SYSCOM Network” – The SYSCOM Network means the computer infrastructure which is owned and/or
controlled by SYSCOM;
“SYSCOM Website” – The file or collection of files established by SYSCOM and accessible on the
Internet by means of the Uniform Resource Locator (“URL”): www.SYSCOM.co.za;
“Telkom” – Telkom SA Limited.
1. HEADINGS AND INTERPRETATION
The clause headings contained herein are for reference purposes only and shall not be used in the
interpretation of this Service Agreement. Words importing any one gender include the other two
genders, the singular includes the plural and vice versa, the natural persons includes created entities
(corporate and unincorporate) and vice versa.
2. APPLICATION OF THE TERMS AND CONDITIONS
These Terms and Conditions, together with the Service Agreement, Proposal and Addendums hereto,
whether physically or by electronic means, shall constitute the entire agreement between SYSCOM
and the Customer relating to the subject matter hereof, notwithstanding anything in any Customer’s
inquiry, specification, acceptance, order or other documentation to the contrary. If there shall be any
provision of any Addendum which conflicts with any provision of the Standard Terms and Conditions of
this document, the latter shall prevail. Notwithstanding anything to the contrary in any document
completed or supplied by the Customer, the Agreement will only come into being between SYSCOM
and the customer when the Service Agreement has been signed by a duly authorised representative of
the Customer and has been accepted in writing by a duly authorised representative of SYSCOM.
3. COMMENCEMENT DATE
This agreement will come into force between SYSCOM and the Customer on the first day that the
following have been fulfilled:
the Customer has furnished SYSCOM with this agreement duly signed by the Customer (either
by hand or by electronic signature) or, where this agreement is being entered into by means
of the electronic order form displayed on the SYSCOM website, after the Customer has clicked
on the icon on the SYSCOM website indicating his or her acceptance to these terms and
SYSCOM has provided the Customer or the Customer’s nominated dealer with a word, device,
sign or combination of words, devices or signs (“login ID”) which, when keyed in by the
Customer or the Customer’s nominated dealer, will entitle the Customer to gain access to the
SYSCOM Network, and
SYSCOM has advised the Customer that this agreement has been accepted by SYSCOM.
4. TERM AND TERMINATION
The provision of the Services shall be for the Initial Term or as otherwise agreed to in writing
commencing on the Commencement Date, subject to 10.8 below.
This agreement may be terminated forthwith:
by SYSCOM in terms of clauses 10.13.5 or 19.2;
either party may terminate the Service Agreement during the Initial period by giving
the other party written notice at least 30 (thirty) days prior to the end of the Initial
period, whereafter the Service Agreement shall remain in force until the last day of the
Initial period when it shall terminate;
either party may terminate the Service Agreement during any renewal period by giving
the other party at least 30 (days) written notice, whereafter the Service Agreement
shall remain in force until the last day of the month following the month in which the
notice was served.
Should notice to terminate at the end of the Initial Term not be given in terms of clause 4.2.2
above this Agreement shall automatically be renewed on a month-to-month basis until
terminated by either party in terms of clause 4.2.3 above.
If the Customer terminates the Agreement prior to the end of the term agreed for the Service,
the Customer shall pay to SYSCOM all charges for the Services provided up to and including
the actual date of the cancellation plus a charge equal to the balance of the applicable charges
(in effect at the time of cancellation) for such cancelled Services that otherwise would have
become due for the unexpired portion of the term.
If the Customer terminates this Service Agreement in order to upgrade to a “higher level” of
SYSCOM service at any time, the Customer shall not be liable to pay the termination fees as
prescribed and provided for in this Service Agreement. This clause shall be subject on the
Customer entering into a new agreement for the similar or higher level of SYSCOM service,
which is determined at SYSCOM’s sole discretion, for a period at minimum, equal to the Initial
In the event of any expiration, termination or cancellation of this Agreement:
any clauses hereof which are intended to continue and survive such expiration,
termination or cancellation shall so continue and survive;
SYSCOM will not be required to refund to the Customer any pre-payments which may
have been made to SYSCOM prior to the date of termination;
all outstanding balances shall be valid and shall require to be settled by the Customer
forthwith on the date of termination;
SYSCOM shall be entitled to recover all bank charges and legal costs including all costs
on the attorney and own client scale.
5. PROVISION OF SERVICE
SYSCOM shall use its reasonable endeavours to provide the Service as defined in the Service
Agreement to the Customer on a continuous, uninterrupted, and error free basis, subject to
the terms and conditions set out herein.
The Customer shall be solely responsible for provisioning, configuring and maintaining all
equipment which may be required in order for the Customer to receive the Service, as may be
specified by SYSCOM from time to time in its sole discretion, including, without limitation, all
computer hardware equipment, telecommunication equipment and modems. The Customer
shall further be liable for all telecommunications costs and other costs which SYSCOM may
incur in connecting the Customer to a point of presence on the SYSCOM Network, and in
maintaining or operating such connection.
SYSCOM shall be entitled to alter the Customer’s log-in ID from time to time, and the
Customer hereby indemnifies SYSCOM against any loss or liability which may arise from such
Save as expressly set out in this Service Agreement, SYSCOM does not make any
representations nor gives any warranties or guarantees of any nature whatsoever in respect of
the SYSCOM Equipment or Services and all warranties which are implied or residual at
common law are hereby expressly excluded.
Without limitation to the generality of clause 6.1, SYSCOM does not warrant or guarantee that
the information transmitted or available to Customers by the way of the Services or the
will be preserved or sustained in their entirety;
will be suitable for any purposes;
will be free of inaccuracies, defects, bugs or viruses of any kind; and SYSCOM assumes
no liability, responsibility or obligations in regard to any of the exclusions set forth in
this clause 6.2, and 6.1 above.
7. SUSPENSION OF SERVICE
SYSCOM may from time to time suspend the Service in the event of a technical failure,
modification, maintenance, upgrade or improvement of either the Service or the technical
infrastructure by means of which the Service is provided and shall provide prior notice thereof
to the Customer where it is reasonably practicable in the circumstances. SYSCOM shall use its
reasonable endeavours to restore the operation of the SYSCOM Network as the case may be,
as soon as is reasonably possible.
SYSCOM may also from time to time suspend the Service without notice to the Customer if the
Customer fails to comply with any term of this agreement.
All liability on the part of SYSCOM for any loss or damage (whether directly or consequential)
thereby incurred or for any costs, claims, or demands of any nature arising there from, is
excluded and the provision of clause 7.1 above shall apply mutatis mutandis to such exclusion.
Notwithstanding any suspension of the service, the Customer shall remain liable for all charges
due hereunder throughout the period of the suspension.
The Customer shall not be entitled to any set-off, discount, refund, reduction, or any other
credit in respect of any unavailability of the service.
Should the provision of the Services be suspended by SYSCOM for the purpose aforementioned
for a period in excess of 48 (forty eight) consecutive hours, SYSCOM shall give the Customer
credit in an amount which represents a pro rata portion of the Customer’s basic monthly
SYSCOM charges for the month during which the said suspension occurred.
16. ACCEPTABLE USE POLICY
The Customer may use the SYSCOM Network and/or the Service for lawful purposes only and
at the domicilium chosen by the Customer on the Service Agreement.
The Customer will not (nor will the Customer authorise or permit any other person to) use the
Service or Network:
to send or receive any material which is in violation of any law or regulation or which is
defamatory, offensive, abusive, indecent, obscene or menacing, or in breach of
confidence, privacy, trade secrets, or in breach of any third party intellectual property
to cause any annoyance or inconvenience;
in breach of any instructions SYSCOM has provided to the Customer in respect of the
use of the Service;
other than in conformance with the rules of any regulatory authority.
The Customer will not use a Name so as to infringe the rights of any other person or company
whether in statute or common law.
The Customer unconditionally accepts and will abide by SYSCOM’s Acceptable Use Policy
(available on request) or may be reviewed at http://www.syscom.co.za/usepolicy.htm, the
salient terms with which the Customer declares itself familiar. The Customer hereby
indemnifies SYSCOM, and holds SYSCOM free from liability, in respect of any loss or damage
of whatever nature caused as a result of any breach of such warranties.
The Customer shall not be entitled to cede or assign any rights and/or obligations, which it
may have in terms of this Service Agreement to any third party unless, agreed to in writing by
SYSCOM shall be entitled to cede or assign any of its rights and/or obligations, which it may
have in terms of this Service Agreement to any third party, provided that the Service remains
within comparable service levels as previously provided by SYSCOM.
18. DOCUMENTATION, PROPRIETARY RIGHTS AND CONFIDENTIALITY
All trade marks, logos, brands, domain names and other marks (“marks”) belonging to
SYSCOM or held by SYSCOM under any licensing agreement with any third parties or
developed by SYSCOM in respect of this agreement shall remain the sole property of SYSCOM
and the relevant licensors and the Customer shall not be entitled to use the marks in any way.
Any specifications, descriptive matter, drawings and other documents, which may be furnished
by SYSCOM to the Customer from time to time, apart from the Service Agreement, the
Proposal or the Addendums:
Do not form part of this Service Agreement and may not be relied upon unless
otherwise agreed in writing by both parties hereto;
Shall remain the property of SYSCOM and shall be deemed to have been imparted by it
in trust to the Customer for the sole use of the Customer.
Nothing in any of the documentation between SYSCOM and the Customer confers or shall be
deemed to confer on any party any rights in or licence to use any Intellectual Property Rights
of the other party except and so far as is necessary to utilise the Services provided
Both parties agree that the Customer agrees and warrants to SYSCOM that it shall at all times
keep the terms and conditions of this Agreement confidential and shall not disclose the same
to any other third party (save to its legal advisors and accountants solely for the purposes of
obtaining professional advice thereon). Each party acknowledges that it will exchange
proprietary and confidential information with the other, as reasonably necessary for each to
perform its obligations under this Agreement. All information relating to this Agreement
provided by either party to the other, whether oral or written, shall be deemed to be
confidential and proprietary information unless indicated to the contrary in writing.
If the Customer breaches any provision of this agreement (which shall be determined in SYSCOM’s
sole discretion and which decision shall be final and binding on the Customer) and fails to remedy
such breach within 24 (twenty four) hours after written notice has been given by SYSCOM requiring
the breach to be remedied, SYSCOM shall, without prejudice to its rights, forthwith and without notice
be entitled to:
terminate the Customer’s access to the Service; and/or
terminate this agreement in accordance with 4.2.1 and/or
hold the Customer to the terms of this agreement and claim specific performance, or claim
from the Customer an additional charge equivalent to twice the monthly subscription charge
due by the Customer in the month in which the breach occurred; and/or
claim such damages as SYSCOM may have suffered or may suffer in the future arising from
such breach; and/or
claim from the Customer all costs and expenses incurred as a result of or in connection with
the breach, including, but not limited to bandwidth costs, administration costs, downtime
costs, CPU cycle costs and legal costs on an attorney and own client scale; and/or
notify all persons who may be adversely affected by the breach or the conduct of the
Customer, of the personal and public information of the Customer; and/or
in the event that the breach has an adverse technical effect on the SYSCOM Network, require
the Customer to take such steps as may be necessary to rectify the situation at the cost of the
The Customer shall not be entitled during the currency of this agreement to withhold payment
of any amount due to SYSCOM in terms hereof, by reason of any alleged breach by SYSCOM.
20. DOMICILIUM AND NOTICES
The parties hereby accept their addresses as more fully set out on the opening page of the
Service Agreement as their
domicilium citandi et executandi
addresses for all matters in
connection with this Agreement and for the service of any legal processes.
Either party shall be entitled from time to time on written notice to the other party, within ten
days of the said change, to vary its Domicilium to any other address within the Republic of
South Africa, which is not a post office box or poste restante.
Any notice required or permitted to be given in terms of this agreement shall be valid and
effective only if written and transmitted by hand, prepaid registered post, facsimile or e-mail,
or, in respect of any notice to be given by SYSCOM, if posted to the SYSCOM website.
21. DISPUTE RESOLUTION
This agreement shall be governed by and interpreted according to the laws of the Republic of
South Africa and, in the event of any conflict between or inconsistency in the laws applicable in
the various provinces of the Republic of South Africa, the law as applied and interpreted in the
Province of the Western Cape shall prevail.
The parties hereby assent to the non-exclusive jurisdiction of the Magistrate’s Court in the
Republic of South Africa in respect to all proceedings in connection with the Service
Agreement. The Customer consents that SYSCOM shall be entitled, in its sole discretion, to
institute any proceedings in the High Court of South Africa and, in such event, the Customer
consents to the jurisdiction of the said court.
22. NO VARIATION OR AMENDMENT
No amendment or consensual cancellation of this Service Agreement or any provision or term
thereof or of any agreement, bill of exchange or other document issued or executed pursuant
to or in terms of this Service Agreement shall be binding unless recorded in a written
document, signed by a duly authorised representative from both SYSCOM and the Customer.
No extension of time or waiver or relaxation of any of the provisions or terms of this Service
Agreement, bill of exchange or other document issued or executed pursuant to or in terms of
this Service Agreement, shall operate as an estoppel against the other parties hereto in
respect of its right under this Service Agreement, nor shall it operate so as to preclude either
of the parties thereafter from exercising its rights strictly in accordance to this Service
Neither party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein, whether it included the contract between Customer
and SYSCOM or not. This Service Agreement supersedes any other agreement tacit or
implied, in discussions as part of or prior to the signing of this Service Agreement, Proposal
and Addendums without any restrictions or limitations whatsoever.
23. FORCE MAJEURE
None of the parties shall be liable for failure to perform any of its obligations under any
Accepted Order if such failure is caused by or arises as a result of an event of force majeure
including, but not limited to, fire, flood, lightning, civil unrest and acts of governmental or
The party victim of a force majeure event shall as soon as reasonably possible notify the other
party in writing of the occurrence of an event of force majeure and the estimated extent and
duration of its inability to perform its obligations under the Accepted Order.
In the event of a force majeure event, both parties shall use all reasonable endeavours to
minimise the effects of the force majeure event.
The parties hereby agree that should a force majeure last more than 14 (fourteen) days, the
party who has not invoked force majeure to excuse any non-performance of its obligations
may terminate this Agreement by giving 10 (ten) days written notice to the other.
24. Limitations of Liability:
Although all precaution is taken Syscom, or its representatives, will not be liable for any loss of data or other resulting from any failure in Hardware and/or Software.
Syscom will not be liable to the Client for loss of profit, indirect, consequential, incidental, special or punitive damages arising out of any breach or failure of the product, of Syscom, under this agreement or the provision of or failure to provide maintenance even if Syscom has been advised of the possibility of such damages.