Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of P and C ICT Solutions or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

1. How these terms apply to you

1.1. The basic services offered by this website “P and C ICT Solutions” are provided to you free of charge: on an "as is" and "as available" basis. P and C ICT Solutions uses its best efforts to maintain the quality of its services, but you should not assume that P and C ICT Solutions is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

2. Content and Disclaimers

2.1 P and C ICT Solutions links you to sites and information located worldwide throughout the Internet. Because P and C ICT Solutions has no control over such sites and information, P and C ICT Solutions offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
 2.2 P and C ICT Solutions shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

2.2.1 any unauthorised access of this website by third parties
 2.2.2 any breakdown or failure of any equipment or medium of access to this website
 2.2.3 any failure or unavailability of P and C ICT Solutions or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
 2.2.4 the destruction or accessing of the User's data or equipment
 2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

2.3 You hereby indemnify P and C ICT Solutions against any demand, claim or action against P and C ICT Solutions relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
 2.4 P and C ICT Solutions reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
 2.5 Unless expressly stated to the contrary, P and C ICT Solutions owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
 2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via P and C ICT Solutions. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

3. Evolution and the need for flexibility

3.1 The Internet in general is rapidly evolving and P and C ICT Solutions is new and in constant development. P and C ICT Solutions reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. We will notify you of changes to these Terms or the Privacy Policy by sending you an e-mail to your registered e-mail address. If you do continue to use P and C ICT Solutions after a change to the Terms or the Privacy Policy and given notice to you in any of this way, you shall be deemed to have agreed to the relevant variation.
 3.2 Over time P and C ICT Solutions intends to expand the services that you are offered. When a new service is introduced P and C ICT Solutions may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.
 3.3 P and C ICT Solutions may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access P and C ICT Solutions. These limits may vary over time without notice to you.

4. Access to P and C ICT Solutions and Registration

4.1 As P and C ICT Solutions evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use P and C ICT Solutions caused by your failure to do so.
 4.2 Some parts of P and C ICT Solutions may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.
 4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by P and C ICT Solutions "User Data". If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.
 4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if P and C ICT Solutions has reasonable grounds to suspect that any User Data is inaccurate or incomplete P and C ICT Solutions may suspend or terminate your account and access to the services.
4.5 You may unsubscribe from P and C ICT Solutions at any time by contacting P and C ICT Solutions at helpdesk@p-and-c-ictsolutions.co.za

5. Your obligations

5.1 You acknowledge that by using P and C ICT Solutions and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. P and C ICT Solutions is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
 5.2 You must not use P and C ICT Solutions in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
5. Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
6. Withdraw any Promotions, Special Offers, Specials or Competitions at any time.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Errors and Omissions Excepted

Neither P and C ICT Solutions DSL(Pty)Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, P and C ICT Solutions DSL(Pty)Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to helpdesk@p-and-c-ictsolutions.co.za.

P and C ICT Solutions DSL(Pty)Ltd shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, P and C ICT Solutions DSL(Pty)Ltd. will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Contact Details

Click here to view information

 

Acceptance of Terms

All P and C ICT Solutions services are provided as a Best Effort Service and no guarantees on up time or availability are offered. We implore clients using our services to operate their business, server or any type of critical services (not limited to those mentioned here) or any type of operation that could have a detrimental effect on themselves, business or others have back up services in place to ensure a continuation of service with minimal downtime should their service be affected in any way. P and C ICT Solutions together with its Suppliers and Partners endeavour to provide maximum up time for all services at all times.

 
I accept and understand that:

The service will be subject to:

1. Provisions of the Electronic Communications Act No 36 of 2005 ("the ECA"), including the Acceptable Usage Policy of all Service Providers and Network Operators for which P and C ICT Solutions resell services.
2. Some services are Month to Month, service/s may be terminated by the client or P and C ICT Solutions. The accepted cancellation method is via the Email to Sales@p-and-c-ictsolutions.co.za and one calendar months' notice is required, in certain instances a cancellation fee may be applicable.
3. P and C ICT Solutions will be entitled to change the price of any service purchased or discontinue a service or product type. P and C ICT Solutions endeavours to provide clients with reasonable notice of such changes.
4. P and C ICT Solutions reserves the right to limit the methods of payment options per service or product type.
5. Should I/we fail to pay my/our account in full I/we shall be liable for any resultant collection, tracing and/or legal fees and all my services will be suspended.
6. P and C ICT Solutions will be entitled to verify the information contained on the client's order form and generally make enquiries it deems necessary. P and C ICT Solutions will also be entitled to furnish any information regarding the client's account with P and C ICT Solutions and his compliance with these conditions to any credit bureau / Bank.
7. I/we hereby indemnify P and C ICT Solutions against any damage, loss, claims or cost that may result from work being done in connection with the connection and / or removal of the service.
8. All services sold by P and C ICT Solutions are sold as a best effort service, throughput is in no way guaranteed.
9. P and C ICT Solutions together with its Suppliers and Partners disclaim any liability resulting from:
   1. Interruption of service
   2. Delays in provisioning, delivery or providing of the service
   3. Acts of God
   4. Load Shedding
   5. Negligence in any manner or form
   6. Unauthorised use or misuse of the clients account and/or passwords
   7. Misinformation provided by employees
   8. Damages arising from the inability to access or utilise a service
10. I/we agree that any claim under this Agreement is limited to the amount paid for the monthly service in dispute not exceeding 3 months. P and C ICT Solutions and its Suppliers/Partners shall not be liable for any direct, indirect or incidental damages resulting from the client/user's inability to use any of the Services or the cost to procure an alternative service.

All links provided here-in where you are directed to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions you are accepting the Terms and/or Policies represented on these pages.

 

 

AUP

General Notice

Thank you for reading the P and C ICT Solutions Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to clients and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services department at 035 789 9115.

P and C ICT Solutions respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

Communications with P and C ICT Solutions and its Staff

Clients will be held liable for any malicious conduct directed towards P and C ICT Solutions or its staff in any way or form via any of P and C ICT Solutions communication channels.

Any form of aggression, abuse, bullying, offensive language, intimidation directed at P and C ICT Solutions or its staff on any platform or forum will be deemed abusive behaviour and will be deemed as a breach of our Acceptable Usage Policy and P and C ICT Solutions reserves the right to suspend and/or discontinue any and all services.

The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of P and C ICT Solutions or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and P and C ICT Solutions reserves the right to suspend and/or discontinue any and all services.

Unlawful Use

P and C ICT Solutions services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic.

This includes:

1. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover P and C ICT Solutions cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by P and C ICT Solutions network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
4. Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with P and C ICT Solutions on behalf of another subscriber without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software.
8. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, P and C ICT Solutions will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using P and C ICT Solutions resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company's services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of P and C ICT Solutions network is unacceptable.

This includes:

1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by P and C ICT Solutions for this goal;
2. Any effort to use P and C ICT Solutions equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");
3. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;
5. Any activity which threatens to disrupt the service offered by P and C ICT Solutions through "denial of service attacks", flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;
6. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
7. Any unauthorised monitoring of data or traffic on the network without P and C ICT Solutions explicit, written consent.
8. Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Fixed Wireless Uncapped

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using uncapped services, as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available. 

P and C ICT Solutions reserves the right to manage the top 10% of users on the Fixed Wireless Uncapped service .

Privacy and Confidentiality

P and C ICT Solutions respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company's services that occurs through the client's account. It is the client's responsibility to ensure that unauthorised persons do not gain access to or misuse P and C ICT Solutions service.

P and C ICT Solutions urges clients not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and P and C ICT Solutions cannot be held liable for the client being placed on any bulk mailing lists as a result.

Where the client has authorised a minor to use any of the P and C ICT Solutions services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

P and C ICT Solutions cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the P and C ICT Solutions network. Further, P and C ICT Solutions assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client's.

It is the client's responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to P and C ICT Solutions designated complaints handling agent.

Please note that P and C ICT Solutions cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for P and C ICT Solutions to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via e-mail and contain as much information as possible, including, but not limited to:

• the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
• any contact details for the source of the complaint;
• A brief explanation why the incident is considered to be an offence.

P and C ICT Solutions discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

Action following breach of the AUP

Upon receipt of a complaint, or having become aware of an incident, P and C ICT Solutions may take any of the following steps:

• In the case of a network, inform the user's network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP;
• In severe cases suspend access of the user's entire network until abuse can be prevented by appropriate means;
• In the case of individual users, warn the user; suspend the user's account and/or revoke or cancel the user's network access privileges completely;
• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
• Institute civil or criminal proceedings;
• Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies

Reservation and Non Waiver of Rights

P and C ICT Solutions reserves the right to amend or alter this policy at any time, and without notice to you.

P and C ICT Solutions reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

P and C ICT Solutions reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

P and C ICT Solutions reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

P and C ICT Solutions reserves the right to suspend, revoke or cancel P and C ICT Solutions services to the client/user if the safety and integrity of P and C ICT Solutions resources are placed at risk in continuing to provide service to the subscriber/user.

P and C ICT Solutions reserves the right to remove any information or materials in whole or in part, that, in P and C ICT Solutions sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

P and C ICT Solutions does not undertake to guarantee the security of any data passing through its networks. Although P and C ICT Solutions will provide a "best effort" service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and P and C ICT Solutions cannot be held liable for any loss or damage arising as result of the failure to do so.

P and C ICT Solutions does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should P and C ICT Solutions fail, neglect or elect not to enforce a breach of the AUP at any time.

ICASA Code of Conduct & Service Charter

Introduction

1. P and C ICT Solutions (Pty) Ltd ("P and C ICT Solutions ") holds licences issued by the Independent Communications Authority of South Africa ("ICASA"). Despite holding these licences, P and C ICT Solutions currently only resells the electronic communications services provided by its upstream providers to its subscribers.

2. ICASA requires that all licence-holders comply with, inter alia, the:
 2.1. ICASA Code of Conduct Regulations 2007, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
 2.2. ICASA End-User and Subscriber Service Charter Regulations 2016, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.

3. P and C ICT Solutions has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers, but records that as a reseller of third party networks and services the below may be of limited application.

4. The ICASA Code of Conduct Regulations 2007 are available here.

5. The ICASA End-user and Subscriber Service Charter Regulations 2016 are available here.

Definitions

6. "Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.

7. "Business Hours" means 07h30–16h00 on Business Days.

8. "Customer" means a subscriber or potential subscriber of P and C ICT Solutions.

Key Commitments

9. P and C ICT Solutions makes the following key commitments and will endeavour to:
 9.1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
 9.2. Ensure that all its services and products meet the specifications as contained in P and C ICT Solutions’ licences and all the relevant laws and regulations;
 9.3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
 9.4. Display utmost courtesy and care when dealing with Customers;
 9.5. Provide Customers with information regarding services and pricing;
 9.6. Where requested to do so, to provide Customers with guidance with regard to their service needs;
 9.7. Keep the personal information of Customers confidential unless P and C ICT Solutions is:
 

1. In possession of written authorisation from the Customer to do so;
2. Required to release such information for the purpose of briefing P and C ICT Solutions ' auditors, professional advisors or an accredited debt collection agency; and/or
3. Otherwise authorised or required by any law or an order of Court.

10. Customers have the right to refer Complaints to ICASA as more fully set out in P and C ICT Solutions ' Complaints Procedures.

Consumer Rights

11. The ICASA Code of Conduct Regulations 2007 stipulate the following (non-exhaustive) list of consumer rights held by consumers:
 11.1. A right to be provided with the required service without unfair discrimination;
 11.2. A right to choose the service provider of the consumer's choice;
 11.3. A right to receive information in the consumer's preferred language;
 11.4. A right to access and question records held by the service provider which relate to the consumer's relationship with the service provider;
 11.5. A right to the protection of the consumer's personal data, including the right not to have personal data sold to third parties without the consumer's permission;
 11.6. A right to port a number in terms of applicable regulations;
 11.7. A right to lodge a complaint; and
 11.8. A right to redress.

Availability of Information

12. The following information can be obtained from P and C ICT Solutions by email request to sales@p-and-c-ictsolutions.co.za (with no charge payable), and is available for inspection at P and C ICT Solutions ' offices during Business Hours:
 12.1. P and C ICT Solutions ' range of services/products on offer;
 12.2. Tariff rates applicable to each service offered;
 12.3. Terms and conditions applicable to such services/products;
 12.4. Payment terms;
 12.5. Billing, billing processes and the Billing Disputes Procedure;
 12.6. General Complaints Procedure; and
 12.7. Relevant contact details.

Billing

13. P and C ICT Solutions will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.

14. Billing terms are also set out on P and C ICT Solutions’ invoices.

Defective Items

15. Where a product is defective, P and C ICT Solutions will investigate the issue and will replace it in accordance with the manufacturer's warranty for that product.

Application/Credit Vetting

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

Terms and Conditions of Service

17. P and C ICT Solutions will provide the Customer with a copy of the written contract and/or terms and conditions (or link thereto) upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of these documents will be provided to the Customer within 7 Business Days.

18. These documents will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination, and any other rules which may govern the relationship between P and C ICT Solutions and the Customer.

19. Where P and C ICT Solutions makes changes to the terms and conditions of its services, P and C ICT Solutions will inform the Customer of such changes within a fair and reasonable period.

Minimum Service Standards

20. The End-user and Subscriber Service Charter Regulations 2016 set out the following quality of service parameters for Fixed Wireless (as defined therein):
 20.1. 95% network service availability averaged over 6 months;
 20.2. 95% service availability averaged over 6 months;
 20.3. For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months;
 

21. P and C ICT Solutions will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to P and C ICT Solutions.

22. Customers acknowledge that P and C ICT Solutions is directly dependent on network and other services provided by third parties in providing the services, and that P and C ICT Solutions cannot be held liable in any manner whatsoever for any failure to meet any specified standards where this results from the acts and/or omissions of such third parties.

ICASA Complaints procedure

Introduction

1. In order to provide electronic communications services to its subscribers, P and C ICT Solutions DSL (Pty) Ltd (“P and C ICT Solutions”) holds licences issued by the Independent Communications Authority of South Africa ("ICASA"). Despite holding these licences, P and C ICT Solutions currently only resells the electronic communications services provided by its upstream providers to its subscribers.

2. ICASA requires that all licence-holders develop and publish its procedures for handling Complaints and Billing Disputes, in order to comply with the requirements in:
2.1.The ICASA Code of Conduct Regulations 2007, which are available here; and
2.2. The ICASA End-User and Subscriber Service Charter Regulations 2016, which are available here.

3. P and C ICT Solutions has developed this document in line with these Regulations, and will follow the procedures set out below in dealing with Complaints and Billing Disputes (as defined herein) with its Consumers.

Definitions

4. "Billing Dispute" means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.

5. "Billing Dispute Notice" means a formal, written notice submitted to P and C ICT Solutions by the Customer in terms of this Procedure.

6. "Billing Disputes Procedure" mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.

7. "Billing Enquiry" means the situation where the Customer seeks information or clarification relating to an invoice issued by P and C ICT Solutions including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.

8. "Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.

9. "Complaint" means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.

10. "Customer" means an P and C ICT Solutions subscriber or potential subscriber.

General Complaints Procedure

11. This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.

12. The Customer is required to direct a formal Complaint to Sales@p-and-c-ictsolutions.co.za.

13. The Complaint is required to be accompanied by the following:
 13.1. The Customer's full particulars and contact details;
 13.2. The Customer's relationship with P and C ICT Solutions, together with any customer reference numbers or details which may be applicable;
 13.3. A statement of the reasons for the Complaint, with enough detail to allow P and C ICT Solutions to assess these; and
 13.4. Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.

14. Following the ICASA Code of Conduct Regulations, P and C ICT Solutions will:
 14.1. Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and
 14.2. Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.

Billing Disputes Procedure

General

15. Billing Enquiries should be directed to Sales@p-and-c-ictsolutions.co.za, and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.

16. The Customer expressly acknowledges and agreed that:
 16.1. Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to P and C ICT Solutions by the due date of that invoice;
 16.2. An amount that is not in dispute ("Undisputed Amount") cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute ("Disputed Amount");
 16.3. The Billing Disputes Procedure is only triggered when P and C ICT Solutions receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 20; and
16.4. Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to Sales@p-and-c-ictsolutions.co.za, Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to helpdesk@p-and-c-ictsolutions.co.za.

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

Customer Acknowledgements

18. The Customer expressly agrees to allow P and C ICT Solutions to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. P and C ICT Solutions requires and Customer expressly agrees that P and C ICT Solutions will be the first option in Billing Disputes. Should P and C ICT Solutions receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before P and C ICT Solutions has been given a chance to resolve the Billing Dispute, then P and C ICT Solutions has the right to collect on the rendered services and any fees associated with those charges.

19. Not all Billing Disputes may be settled to the Customer's satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, P and C ICT Solutions still retains the right to collect on any rendered services or fees that are due. Should P and C ICT Solutions be unable to reverse any disputed amounts with a third party, credit card company or bank, P and C ICT Solutions will submit the full delinquent amount for collection.

Withholding the Disputed Amount

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

Initiating Billing Disputes

21. A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.

22. The Customer is required to direct a formal Billing Dispute Notice to helpdesk@p-and-c-ictsolutions.co.za.

23. The Billing Dispute Notice is required to be accompanied by the following:
 23.1. The Customer's full particulars and contact details;
 23.2. The Customer's relationship with P and C ICT Solutions, together with any customer reference numbers or details which may be applicable;
 23.3. Invoice number and date;
 23.4. The amount in dispute ("the Disputed Amount");
 23.5. The amount not in dispute ("the Undisputed Amount");
 23.6. A statement of the reasons for the Billing Dispute, with enough detail to allow P and C ICT Solutions to assess these; and
 23.7. Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

Response to Billing Dispute Notice

24. In terms of the ICASA Code of Conduct Regulations, P and C ICT Solutions will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.

25. P and C ICT Solutions shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.

26. P and C ICT Solutions may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist P and C ICT Solutions in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by P and C ICT Solutions.

27. P and C ICT Solutions will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:
 27.1. A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
 27.2. A rejection of the Billing Dispute Notice on the basis that:
 

1. The Billing Dispute Notice was not received by P and C ICT Solutions within thirty (30) calendar days of the date of the relevant invoice, as required in clause 20;
2. The Billing Dispute Notice does not contain all of the information required, as set out in clause 23, or was not submitted in the required manner, as set out in clause 22;
3. The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 20.
4. P and C ICT Solutions has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
5. The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
6. P and C ICT Solutions reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.

27.3. Any alternate resolution that P and C ICT Solutions deems appropriate.

Response Implications

28. If stipulated in P and C ICT Solutions response in terms of clause 27 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of P and C ICT Solutions response.

29. If stipulated under P and C ICT Solutions response in terms of clause 27 that P and C ICT Solutions must withdraw the Disputed Amount or refund a fee already paid, P and C ICT Solutions must as soon as practicable:
 29.1. Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and P and C ICT Solutions standard billing terms; or
 29.2. Credit any Disputed Amount already paid by the Customer.

Continued Service Provision

30. P and C ICT Solutions will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as P and C ICT Solutions has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.

31. P and C ICT Solutions reserves the right, however, to take such measures mentioned in clause 30 immediately:
 31.1. Where a determination of the Billing Dispute has been made and communicated to the Customer; or
 31.2. Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.

32. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that P and C ICT Solutions shall continue to have the right to terminate or suspend the service in accordance with P and C ICT Solutions rights under the agreement that the Customer has with P and C ICT Solutions.

Confidentiality

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

Referral of Complaints to ICASA

34. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

35. Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give P and C ICT Solutions an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.

36. ICASA can be contacted in the following ways:
 36.1. telephone: 011 566 3000;
 36.2. fax: 011 444 1919; and/or
36.3. email: consumer@icasa.org.za

 

PAIA Manual

Promotion of Access to Information Act (PAIA)

The Promotion of Access to Information Act, No 2 of 2000 ("The Act") was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

PURPOSE OF THE MANUAL

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies.

Section 9 of The Act, however, recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

• Limitations aimed at the reasonable protection of privacy;
• Commercial confidentiality; and
• Effective, efficient and good governance

And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution. Wherever reference is made to "Private Body" in this manual, it will refer to P and C ICT Solutions (Pty) Ltd  and all its entities for whom this manual is drafted.

CONTACT DETAILS:

Information Officer:
 Philip Buckle

Physical Address:
 98 Alumina Allee
 Alton
 Richards Bay 

3900

Telephone No:
 0357899115

E-mail:philip.buckle@p-and-c-ictsolutions.co.za

Click here to download the manual and request form.
 Please note that we may amend this manual from time to time, the latest version will be made available here.