Policies

Acceptable Use Policy | Protecting Minors | Take-down Procedure | Section 51 Manual | Privacy Policy | Terms and Conditions

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.

CUSTOMER’S OBLIGATIONS

As a Customer of Syscom you undertake:

  • to use Syscom’s Services and infrastructure only for lawful purposes;
  • not to engage in any prohibited activity when using the service;
  • to submit Customer registration details honestly and accurately;
  • to be responsible for all activities occurring under your logon id, to protect the confidentiality of your own logon id and password and to notify Syscom immediately of any breach in this confidentiality.

PROHIBITED ACTIVITIES

The following activities are prohibited by Syscom:

1. ILLEGAL ACTIVITIES

  • The violation of any National or International Law or Regulation.
  • The transmission, distribution or storage of any material protected by copyright, trade mark, trade secret.
  • The violation of the intellectual property rights of others.
  • The violation of the privacy of any person.

2. TECHNICAL ABUSE

  • Posting or transmitting any file which contains any virus or any other destructive feature/s. regardless of whether or not damage is intended by the Customer.
  • Anything which in SYSCOM’s opinion may have an adverse technical effect on the integrity or functionality of the SYSCOM Network or the provision by SYSCOM of services to any Customer.
  • Interference with the use of the Internet by any other SYSCOM Customer or other user.

3. SECURITY BREACH

  • Any attempt to gain unauthorised access to, to breach the security or to circumvent the authentication measures of any host, network or account.
  • Any unauthorised access to data, systems or networks, or the unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of such system or network.
  • Any attempt to probe, scan or test the vulnerability of any system or network, without the express authorisation of the owner of such system or network.

4. MAIL ABUSE

  • Sending unsolicited bulk email messages, including, without limitation, Make-Money-Fast schemes, chain letters, commercial advertising and informational announcements.
  • Gathering e-mail addresses and/or names for commercial, political, charity or like purposes.
  • Cancelling Usenet post other than the Customer’s own.

5. OFFENSIVE MATERIAL

  • The posting or transmission of any message, data, image or programme which is defamatory, offensive, threatening, abusive, harassing, harmful or hateful.
  • The hosting or transmitting of pornographic material.
  • The use of Syscom’s services in any way to harm or potentially harm a minor.
  • Any act or omission which is generally unacceptable or offensive to Internet users in general, to the public at large or as may be determined by SYSCOM from time to time in its sole and absolute discretion.

6. ABUSE OF ACCESS

  • The simultaneous login under the same login ID by more than one person at the same time.
  • Giving or making available to any other party, any password, key or code provided by SYSCOM.
  • The resale or making available to a third party, all or any part of the services provided by SYSCOM, without SYSCOM’s prior written consent.

7. BREACH OF SYSCOM STANDARDS

  • Contravention of any policy, guideline or terms and conditions which may be updated and/or published and/or accessible from the SYSCOM Website from time to time.
  • Any activity which in SYSCOM’s opinion has the effect of, or is likely to have the effect of, damaging the name or reputation of SYSCOM.

8. BREACH

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:

  • termination of the Service Agreement with the Customer, as provided for in the Agreement;
  • suspension of all access to the Customer’s network;
  • enforcement of Syscom’s take-down procedure for illegal and unacceptable material.

9. INDEMNITY

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.

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PROTECTING MINORS

Web sites with information on protecting minors

The following sites have useful information or programs for protecting minors from problematic online content

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TAKE-DOWN PROCEDURE

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)
|Address: PO Box 518
|Noordwyk
|1687
|Telephone: 010 500 1200
|Email: takedown @ ispa.org.za

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:

  • Your full name
  • Your address
  • Your telephone number
  • Your email address (if you have one)
  • The name of the service provider against whom you are making the complaint
  • A clear and unambiguous identification of the unlawful material or activity (for example, the web page on which the material appears)
  • A description of the right that you believe has been infringed by the material or activity concerned (for example, “my right to privacy is being infringed by the publication of my credit card number”)
  • The remedial action you wish the service provider to take (for example, “the credit card number should be removed”)
  • A statement that the information in your complaint is, to your knowledge, true and correct and that you are acting in good faith.
  • Your signature (either written or electronic)

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:

Dear ISPA,
I have discovered a child pornography site hosted on the network of the company “Ultraweb Hosting Services”. The site is located at the following URL: .
I believe that the content located on this site infringes the rights of the children concerned, and I hereby request that the site be taken down.
My contact details are as follows:
– John Smith
– 32 Willowdale Close, Bramlinghaven, Johannesburg
– Tel: 085 555 1234
– Email: johnsmith@ultraweb.co.za
The information contained in this take-down request is, to the best of my knowledge, true and correct and I am acting in good faith.
Regards,
John Smith
[Digital signature attached]

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.

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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

Section 51(1)(a)

Name of Business: Lakeshore Trading 244 (Pty) Ltd
Contact Person: Saul Stein
Physical Address: 1 Cochrane Ave, Epping
Postal Address: P.O. Box 798, Howard Place, 7450
Telephone: +27 21 505-3380
Fax: +27 21 534-8391
Website: www.syscom.co.za
E-mail: support @ syscom.co.za

Section 51(1)(b)

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 :
PAIA Unit
The Research and Documentation Department

Postal Address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

Section 51(1)(d)

Information is available in terms of the following legislation, if and where applicable:
Basic Conditions of Employment Act No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act No. 61 of 1973
Compensation of Occupational Injuries and Diseases Act No. 130 of 193
Customs and Excise Act No. 91 of 1964
Electronic Communications and Transactions Act No. 25 of 2002
Employment Equity Act No. 55 of 1998
Income Tax Act No. 58 of 1962
Insolvency Act No. 24 of 1936
Labour Relations Act No. 66 of 1995
Occupational Health and Safety Act No. 85 of 1993
Patents Act No. 57 of 1978
Promotion of Access to Information Act No. 2 of 2000
Skills development Levies Act No. 9 of 1999
Trademarks Act No. 194.of 1993
Unemployment Insurance Act No. 30 of 1966
Value – Added Tax Act No. 89 of 1991

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
(Prescribed form and fee structure in respect of private bodies)

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.

Section 51(1)(f)

5) Other information as may be prescribedThe Ministry of Justice and Constitutional Development has not made any regulations in this regard.

Section 51(3)

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.

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PRIVACY POLICY

Download in .pdf format

Introduction
1. Thank you for taking the time to review our Privacy Policy. At times, Syscom will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.
2. The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.
Confidentiality
3. Syscom respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.
Collection of Personal Data
4. Syscom collects personal data about our users when you visit a website hosted by us; apply for a service subscription; and when you respond to a customer questionnaire. We may also combine information about you that we have with information we obtain from our business partners or affiliates.
Use of Personal Data
5. Syscom may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, Syscom will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our support desk to ensure that you do not receive such promotional information, at support@syscom.co.za.
6. Syscom may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.
7. Any information Syscom collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within Syscom or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.
Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
8. Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Syscom may host for you, is available to anyone else who visits that space. Syscom cannot safeguard any information you disclose there.
Site Linking
9. Syscom’s websites contain many links to sites that belong to third parties unrelated to us. Syscom cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. Syscom cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.
Minors
10. Syscom will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Syscom undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.
Reservation of Rights
11. Syscom reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
12. Syscom reserves the right to disclose your personal information where you have given us explicit legal written consent to do so.
13. Syscom reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.
14. Syscom reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.
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Terms and Conditions of Contract

DEFINITIONS

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
Service Agreement;
“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:

3.1.

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
conditions, and

3.2.

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

3.3.

SYSCOM has advised the Customer that this agreement has been accepted by SYSCOM.

4. TERM AND TERMINATION

4.1.

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.

4.2.

This agreement may be terminated forthwith:

4.2.1.

by SYSCOM in terms of clauses 10.13.5 or 19.2;

4.2.2.

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;

4.2.3.

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.

4.3.

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.

4.4.

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.

4.5.

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
Term.

4.6.

In the event of any expiration, termination or cancellation of this Agreement:

4.6.1.

any clauses hereof which are intended to continue and survive such expiration,
termination or cancellation shall so continue and survive;

4.6.2.

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;

4.6.3.

all outstanding balances shall be valid and shall require to be settled by the Customer
forthwith on the date of termination;

4.6.4.

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

5.1.

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.

5.2.

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.

5.3.

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
alterations.

6. WARRANTIES

6. 1.

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.

6.2

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
SYSCOM Equipment:

6.2.1.

will be preserved or sustained in their entirety;

6.2.2.

will be suitable for any purposes;

6.2.3.

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

7.1.

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.

7.2.

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.

7.3.

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.

7.4.

Notwithstanding any suspension of the service, the Customer shall remain liable for all charges
due hereunder throughout the period of the suspension.

7.5.

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.

7.6.

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

16.1.

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.

16.2.

The Customer will not (nor will the Customer authorise or permit any other person to) use the
Service or Network:

16.2.1.

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
rights;

16.2.2.

to cause any annoyance or inconvenience;

16.2.3.

in breach of any instructions SYSCOM has provided to the Customer in respect of the
use of the Service;

16.2.4.

other than in conformance with the rules of any regulatory authority.

16.3.

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.

16.4.

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.

17. CESSION

17.1.

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.

17.2.

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

18.1.

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.

18.2.

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:

18.2.1.

Do not form part of this Service Agreement and may not be relied upon unless
otherwise agreed in writing by both parties hereto;

18.2.2.

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.

18.3.

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
thereunder.

18.4.

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.

19. BREACH

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:

19.1.

terminate the Customer’s access to the Service; and/or

19.2.

terminate this agreement in accordance with 4.2.1 and/or

19.3.

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

19.4.

claim such damages as SYSCOM may have suffered or may suffer in the future arising from
such breach; and/or

19.5.

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

19.6.

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

19.7.

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
Customer.

19.8.

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

20.1.

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.

20.2.

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.

20.3.

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

21.1.

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.

21.2.

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

22.1.

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.

22.2.

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
Agreement.

22.3.

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

23.1.

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
military authorities.

23.2.

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.

23.3.

In the event of a force majeure event, both parties shall use all reasonable endeavours to
minimise the effects of the force majeure event.

23.4.

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.