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Privacy Policy

PRIVACY POLICY – RAPIDNET BROADBAND (PTY) LTD

At Rapidnet Broadband (Pty) Ltd (“Rapidnet”), we take your privacy and your trust in us very seriously. This privacy policy provides you with information about how we collect, use and disclose your personal information.

1. This Privacy Policy

This privacy policy applies when you visit or use our website/s, app/s and other services that refer or link to this privacy policy (each, a "Service"). This privacy policy may be supplemented by additional privacy statements, terms or notices provided to you.

Rapidnet owns or administers the Service, as identified therein, is the primary controller of your personal information provided to, or collected by or for, the Service.

We will indicate within service Orders what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Rapidnet can provide to you.

2. Information We Collect

We collect information about you in three ways: directly from your input, from third-party sources, and through automated technologies.

2.1. Data You Provide to Us

The types of personal information that we collect directly from you depend on how you interact with us and the Service, which may include:

Contact details, such as your name, email address, postal address, social media handle, and phone number;
Account login credentials, such as usernames and passwords, password hints and similar security information;
Payment information, such as a credit or debit card number;
Company name, registration numbers, VAT number and address;
Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; or
Interests and communication preferences, including preferred language.

2.2. Data From Your Organisation

We may obtain personal information about you from the organisation with which you are employed or affiliated to activate and manage your access to and use of the organisation's subscription to the Service, including:

Contact details, such as your name and organisational email address, postal address, and phone number;
Other account registration information such as job title; or
Organisational user ID

2.3. Data From Other Sources

We also may obtain contact details and other information about you from other third parties, including:

Social networks when you grant permission to the Service to access your data on one or more networks;
Businesses with which we offer co-branded services or engage in joint marketing activities; or
Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.
Credit bureaus from which we obtain credit ratings;
Third-party databases used to verify your (or your representative's) identity and address as is required by us in law.

2.4. Data From Service Use, Including Cookies

The Service may automatically collect information about how you and your device interact with the Service, including:

Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
Usage data, such as the features you used, the settings you selected, your URL click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for on the Service;
For educational Services, the course modules and test questions you view, answer or complete; or
For location-aware Services, the region, city or town where your device is located to provide you with more relevant content for where you are in the world.

We collect this data through our servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. We may use cookies and other technologies to store your preferences and settings, help you with signing in, provide targeted ads and analyse site operations. You can control cookies through your browser's settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of the Service. For more details, see the cookie policy of the Service.

3. How We Use Your information

Depending on how you interact with the Service and us, we use your personal information to:

Provide, activate and manage your access to and use of the Service;
Process orders, installation, activation, upgrade, downgrade, of your Service;
Provide technical, product and other support and to help keep the Service working, safe and secure;
Enhance and improve the Service and our other products, events, and services and to develop new products, services and benefits;
Offer you customised content and other personalisation to make the Service more relevant to your interests and geography;
Respond to your requests, inquiries, comments and concerns;
Notify you about changes, updates and other announcements related to the Service and our other products and services;
Deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests;
Provide you with promotional messages and other information about products, events and services of ours, our affiliates and third parties such as sponsors;
Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in different ways according to a customer agreement; or
Comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an administrator of an organisation with a subscription to the Service, we will use your details to communicate with you about your organisation's subscription and related services.

4. Sharing of Your Information

4.1. Your Organisation

If you access the Service through a subscription administered by your organisation, your personal information and specific usage data gathered through the Service may be accessed by or shared with the administrators authorised by your organisation for usage analysis, subscription management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.

4.2. Our Service Providers

Dependent upon the Services provided, we share information with our service providers, suppliers, agents and representatives, including but not limited to, electronic communications network operators, payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents.

The purpose of sharing the information is to process the information as necessary to provide the Service, complete a transaction or fulfil your request or otherwise on our behalf based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures.

4.3. For Legal Reasons

We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:

meet any applicable law, regulation, legal process or other legal obligation;
detect, investigate and help prevent security, fraud or technical issues; or
protect the rights, property or safety of Rapidnet, our users, employees or others; and
as part of a corporate transaction, such as a transfer of assets to or an acquisition by or a merger with another company.

5. Grounds for Processing

When we collect or otherwise process any personal information within the scope of the Protection of Personal Information Act (POPIA), we do so:

where necessary to provide the Service, fulfil a transaction or otherwise perform a contract with you or at your request before entering into a contract;
where necessary for our compliance with applicable law or other legal obligation;
where necessary for the performance of a task carried out in the public interest;
where necessary to enable our customers to comply with their legal obligations;
where applicable, with your consent; or
where necessary to operate our business, protect the security of our systems, customers and users, detect or prevent fraud, or fulfil our other legitimate interests as described in sections 2-4 above, except where your privacy rights override our interests.

Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you may have the right to object to our processing.

6. Data Retention

We retain your personal information for as long as necessary to provide the Service and fulfil the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.

7. Locations of Processing

Your personal information is collected, stored and processed in South Africa. We take steps, including through contracts, intended to ensure that the information continues to be protected wherever it is in a manner consistent with the standards of protection required under POPIA.

8. Data Security

We implement technical and organisational measures to seek to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the integrity, confidentiality, and availability of personal information.

9. Your Communications Preferences

You can customise and manage your communications preferences and other settings when you register with the Service, by updating your account features and preferences, by using the "opt-out" mechanisms such as "unsubscribe" or other means provided within the communications that you receive, or by contacting us. We reserve the right to notify you of changes or updates to the Service whenever necessary.

10. Accessing and Updating Your Information

10.1. Your Account

The Service may allow registered users to directly access and review their account information and make corrections or updates upon login at any time. Keeping such information up to date is the responsibility of the user.

10.2. Your Rights

You have the right under POPIA, as may be applicable, to request free of charge:

access to your personal information;
rectification or erasure of your personal information;
restriction of our processing of your personal information, or to object to our processing; and
portability of your personal information.

If you wish to exercise these rights, please submit your request in writing to us. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.

11. Changes

We will update this privacy policy from time to time. Any changes will be posted on this page with an updated revision date. If we make any material changes, we will provide notice through the Service or by other means.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is a material part of your agreement with Rapidnet for provision of its services to its customers. Please read and follow this AUP carefully. This AUP may be revised from time to time by Rapidnet.

This AUP forms part of the agreement between you and Rapidnet and is incorporated by reference into Rapidnet’s terms and conditions. You and anyone who uses or accesses your Rapidnet internet services must comply with, and shall be bound by the terms of, this AUP.

Laws and Regulations

Transmission, distribution or storage of any material on using your services in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secrets or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

The Network

You acknowledge that Rapidnet is unable to exercise control over the content of the information passing over its network and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its network. Therefore, Rapidnet is not responsible for the content of any messages or other information transmitted over its infrastructure.

You may obtain and download any materials marked as available for download off the Internet but are not permitted to use your Internet access to distribute any copyrighted materials unless permission for such distribution is granted to you by the owner of the materials.

You are prohibited from obtaining and/or disseminating any unlawful materials, including but not limited to stolen intellectual property, child sexual abuse material, hate-speech or materials that is intended to incite violence.

System and Network Security

All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through Rapidnet) and includes but is not limited to the infrastructure of Rapidnet itself.

You may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).

Violations of system or network security by you are prohibited, and may result in civil or criminal liability. Rapidnet may investigate incidents involving such violations and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of Rapidnet;
Unauthorised monitoring of data or traffic on the network or systems without express authorisation of Rapidnet;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and
Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

Email Use

It is explicitly prohibited to:

send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc.). This is strongly objected to by most Internet users and the repercussions against the offending party and Rapidnet can often result in disruption of service to other users connected to Rapidnet;
forward or propagate chain letters nor malicious e-mail;
send multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipient;
sending bulk electronic messages to recipients that have not opted in to receive such messages;
using redirect links in unsolicited commercial e-mail to advertise a website or service;

Your mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Rapidnet reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to you. Rapidnet also reserves the right to examine the mail servers of any users using Rapidnet mail servers for “smarthosting”. All relay checks will be done in strict accordance with Rapidnet’s policy of preserving customer privacy.

Complaints

Upon receipt of a complaint, or having become aware of an incident, Rapidnet reserves the right to:

Inform you of the incident;
In the case of individual users suspend your account and withdraw your network access privileges completely.
In severe cases suspend your service until abuse can be prevented by appropriate means.
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available your details to law enforcement agencies.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@rapidnet.co.za

Terms of Use

RAPIDNET – RAPIDNET BROADBAND - WEBSITE TERMS OF USE

1. Website terms and conditions of use

1.1. This document sets out the terms and conditions (“Terms”) of Rapidnet Broadband (Pty) Ltd (“Rapidnet”) pertaining to the access and use of the information, products, services, and functions provided on https://rapidnet.co.za (“Website”).

1.2. Should any person that accesses the Website (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.

1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission, and consent to be bound by these Terms before purchasing any products or services.

1.4. Rapidnet reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Rapidnet from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

1.5. If there is anything in these Terms that you do not understand, then please contact us as soon as possible. Please note that calls may be monitored for training, security, and quality assurance purposes.

2. Content of the website

2.1. Rapidnet reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

2.2. Rapidnet reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

2.3. Rapidnet may use the services of third parties to provide information on the Website. Rapidnet has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Rapidnet and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

2.4. Rapidnet makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

2.4.1. Rapidnet does not warrant that the Website or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. Rapidnet expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy;

2.4.2. whilst Rapidnet has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via this Website are free of viruses, or any other data or code which can corrupt, damage, or affect the operation of the user’s system; and

2.4.3. Rapidnet disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Rapidnet receives it and statements from external parties are accepted as fact.

3. Linked third party websites and third-party content

3.1. Rapidnet may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Rapidnet does not endorse, nor does the inclusion of any link imply Rapidnet’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

3.2. While Rapidnet tries to provide links only to reputable websites or online partners, Rapidnet cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Rapidnet. Rapidnet is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

3.3. You agree that Rapidnet shall not be held liable, directly, or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred because of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.

4. Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:

4.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

4.2. decompile, disassemble, or reverse engineer any portion of the Website;

4.3. write and/or develop any derivative of the Website or any other software program based on the Website;

4.4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Rapidnet;

4.5. without Rapidnet’s prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website by persons other than the user;

4.6. remove any identification, trademark, copyright, or other notices from the Website;

4.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, or hateful, or racially, ethnically, or otherwise objectionable content of any kind; and/or

4.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

5. Security

5.1. To ensure the security and reliable operation of the services to all Rapidnet’s users, Rapidnet hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

5.2. You may not utilise the Website in any manner which may compromise the security of Rapidnet’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging, or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Rapidnet suffer any damage or loss, civil damages shall be claimed by Rapidnet against the user.

5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Rapidnet and its affiliates, agents and/or partners.

6. Intellectual property rights

6.1. For the purpose of this clause 6, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Rapidnet, now or in the future, including without limitation, Rapidnet’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, Rapidnet and as such are protected from infringement by local and international legislation and treaties.

6.3. By submitting reviews, comments and/or any other content (other than your personal information) to Rapidnet for posting on the Website, you automatically grant Rapidnet and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain all rights that may exist in such content.

6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.

6.5. Except with Rapidnet’s express written permission, no proprietary material from this Website may be copied or retransmitted.

6.6. Irrespective of the existence of copyright, the user acknowledges that Rapidnet is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material.

6.7. Rapidnet authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

7. Risk, limitation of liability and indemnity

7.1. The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

7.2. The transmission of information via the internet, including without limitation, email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Rapidnet be liable for any loss, harm, or damage suffered by the user as a result thereof. Rapidnet reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should Rapidnet deem it necessary.

7.3. To the extent permissible by law:

7.3.1. None of Rapidnet, its subsidiaries, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked websites, even if Rapidnet knows or should reasonably have known or is expressly advised thereof.

7.3.2. The liability of Rapidnet for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, because of the malfunctioning of the Website shall be limited to Rapidnet rectifying the malfunction, within a reasonable time and free of charge, provided that Rapidnet is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Rapidnet. However, in no event shall Rapidnet be liable to the user for loss of profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance, or use of it in combination with other computer software.

7.3.3. You hereby unconditionally and irrevocably indemnify Rapidnet and agree to hold Rapidnet free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Rapidnet or instituted against Rapidnet as a direct or indirect result of:

a) your use of the Website;

b) software, programmes, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of Rapidnet;

c) your failure to comply with any of the terms or any other requirements which Rapidnet may impose from time to time;

d) the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

e) any unavailability of, or interruption in, the service which is beyond the control of Rapidnet.

7.4. Rapidnet makes no warranty or representation as to the availability, accuracy, or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Rapidnet for any LOSS suffered by you, because of information supplied by Rapidnet being incorrect, incomplete, or inaccurate.

8. Rapidnet Privacy Policy

Rapidnet takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with our Privacy Policy.

9. Cookies

9.1. What are cookies? A ‘cookie’ is small piece of data (usually in the form of a text file) which may be placed on your device when you visit our Website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device, i.e., it helps us to “remember” user behaviour. As a user, you can accept or decline cookies. Please note that if you decline cookies, you may not be able to fully experience the interactive features of the Rapidnet Website.

9.2. Why do we use cookies? These files serve several useful purposes for you, including:

9.2.1. granting you access to restricted content;

9.2.2. tailoring our Website’s functionality to you personally by letting us remember your preferences, location, or device type;

9.2.3. ensuring the Website functions correctly;

9.2.4. improving how our Website performs;

9.2.5. understanding who our audience is, so that we can provide content most relevant to you;

9.2.6. allowing third parties to provide services to our Website; and

9.2.7. helping us deliver interest-based advertising where appropriate in compliance with the applicable laws.

9.3. The types of cookies we use

9.3.1. We use different types of cookies. Some of these cookies are placed by us, while others are placed by our third-party plug-ins, suppliers, or advertisers. These cookies may be deleted from your device at different times, such as at the end of your browsing session (when you leave the Website) or after a pre-set amount time, or they may persist on your device until you delete them.

9.3.2. We use the following types of cookies:

a) Essential cookies – these are cookies that allow our Website to perform its essential functions. Without these cookies, some parts of our Website would stop working.

b) Site analytics cookies – these are cookies that monitor how our Website is performing, and how you interact with it. We use them to know how best to improve our Website or services.

c) Functional cookies – these are cookies that remember who you are as a user of our Website. We use them to remember any preferences you may have selected on our Website, like saving your username and password, or settings.

d) Advertising cookies – these are cookies that match your interests or web searches with applicable advertising campaigns on our Website. We use them to provide you with advertising that we think you might find useful.

e) Social media cookies – these are cookies that integrate with social media platforms. We use them to help you share content from our Website to your chosen social media platform.

f) Flash cookies – these are cookies that help your device read content supported by Adobe Flash. We use them to make sure that any Flash advertisements or videos appear properly on your device.

g) Third party cookies – these are cookies that some of our business partners use on our Website. We have no access to or control over them. Information collected by any of these cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

9.4. Deleting cookies - If you wish to delete the cookies, please refer to your device manual or Website manual for instructions.

9.5. Consent

9.5.1. We only use cookies if you have given us your consent by selecting YES. If you have previously granted consent and you wish to withdraw it, you can do so by selecting NO.

9.5.2. Third parties may also use cookies. You must take care that if you access linked websites, third party plug-ins used on our Website, or advertisements appearing on our Website, you inspect how they use cookies. We are not responsible for how third parties control the use of cookies.

9.5.3. Cookies placed on your device can always be deleted manually on your browser.

10. Confidentiality

10.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Rapidnet. You shall notify Rapidnet should you discover any loss or unauthorised disclosure of the information.

10.2. Any information or material sent to Rapidnet will be deemed not to be confidential, unless otherwise agreed in writing by the user and Rapidnet.

11. Compliance with section 43(1) of ECT Act

In compliance with section 43(1) of the ECT Act, the following is noted:

11.1. Full name: Rapidnet Broadband (Pty) Ltd

11.2. Registration number: 2013/232446/07

11.3. Registered address: 8 Barbeque Bend, Kyalami, Gauteng

11.4. Physical address: 8 Barbeque Bend, Kyalami, Gauteng

11.5. Telephone number: 010 822 1060

11.6. Website address: www.rapidnet.co.za

11.7. E-mail address: legal@rapidnet.co.za

11.8. Names of office bearers: Rishi Mungaroo

11.9. Physical address for service of documents: See 11.4 above

12. General clauses

12.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered and to be performed within South Africa.

12.2. This Website is controlled, operated, and administered by Rapidnet from its offices within the Republic of South Africa. Rapidnet makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.

12.3. Rapidnet does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our Website may be interfered with because of a number of factors which are outside of our control.

12.4. If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

Terms and Conditions

RAPIDNET – STANDARD TERMS AND CONDITIONS

1. Interpretation

The headings of the clauses in this Agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention appears-

1.1. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.

1.2. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

1.3. References to broadband terminology such as “contented” and “uncapped” have the meaning ascribed to such terms in the ISPA Guidelines and Recommendations on Broadband Terminology.

2. Definitions

2.1. The definitions and rules of interpretation in this clause apply in this agreement.

2.1.1. "Agreement" means this standard terms and conditions read with the relevant Product Specific Terms and Conditions, Order, Acceptable Use Policy and the Fair Use Policy;

2.1.2. “Confidential Information” means all information (in whatever format) which:

2.1.2.1. relates to the Agreement;

2.1.2.2. is designated as confidential by either Party;

2.1.2.3. relates to the business, affairs, networks, customers, products, developments, trade secrets, know-how of either party and which may be reasonably regarded as the confidential information of the disclosing party.

2.1.3. "Customer" means the person described in the Order;

2.1.4. "Effective Date" means the date the Equipment is installed, and the Service is activated.

2.1.5. "Equipment and/or Services" means the items listed and described in the Order and all ancillary equipment required for a standard or non-standard installation, such as poles and brackets;

2.1.6. "Party" means either Rapidnet or the Customer, and "Parties" means both Rapidnet and the Customer;

2.1.7. “Product Specific Terms” means the terms and conditions dealing specifically with a particular Service category and which is incorporated by reference in an Order;

2.1.8. "Order" means the web-based electronic order completed by the Customer;

2.1.9. "Rapidnet" means Rapidnet Broadband (Pty) Ltd, with registration number 2013/232446/07;

2.1.10. "Schedule of Fees" means the fees set out in the Order; and

2.1.11. "Service Levels" means a level of service as to which Rapidnet's performance of the Services must conform and is a standard for performance of the Services.

3. Conflicting terms

3.1. In the event of any conflict between the terms of this Agreement, Product Specific Terms or Order that cannot be reconciled, the order of precedence shall be as follows:

3.1.1. Order;

3.1.2. Product Specific Terms;

3.1.3. this Standard Terms and Conditions.

4. Products, services and standards

4.1. Equipment and Services

4.1.1. Rapidnet agrees to provide the Equipment and Services set out in the Order subject to the terms of this Agreement.

4.1.2. Rapidnet reserves the right to control, direct and establish technical procedures for the use of the Equipment and Services and the Customer agrees to follow the reasonable instructions and procedures of the Provider with respect to the use thereof;

4.1.3. The Customer shall ensure at all times that its use of the Equipment and Services, including its connection of any apparatus to any network used to deliver the Services is in accordance with all applicable telecommunications, data protection and other laws, licences and regulation; and

4.1.4. Rapidnet warrants that it has the necessary consents, licences or agreements required for the provision of the Services.

4.2. Performance Standards

4.2.1. The Service is a best-effort service, which means that Rapidnet does not provide any guarantees that data is delivered or that that the Customer will be provided a guaranteed quality of service level or a certain priority. All customers of the Service obtain best-effort service, meaning that they obtain unspecified variable bit rate and delivery time, depending on the current traffic load. Accordingly, advertised and contracted bandwidth speeds are maximum speeds that are not guaranteed.

4.2.2. Technical support should be requested only where the performance of the Service is consistently below the advertised maximum bandwidth speed divided by the advertised contention ratios. Web-based speed-tests are not reliable and will not be accepted by Rapidnet as conclusive proof of non-performance by Rapidnet. If a support call is logged with Rapidnet, Rapidnet shall use industry accepted tests in a controlled test environment to verify the performance of the Service.

4.2.3. WiFi coverage is dependent on building structure and is not guaranteed to propagate to the entire dwelling. The Customer may add additional Access points at his/her own cost to extend the coverage area.

4.2.4. Rapidnet shall use commercially reasonable endeavours to remedy any failure to meet the Service Levels as prescribed in the End User Service and Subscriber Service Charter Regulations, 2016, provided that support for technical and billing issues must be logged telephonically, by email or in the online customer portal.

5. Costs and charges

5.1. General

5.1.1. Rapidnet agrees to provide the Equipment and the Services in accordance with the Schedule of Fees.

5.1.2. Rapidnet will measure usage of Equipment and Services in accordance with Rapidnet's policy as set out in the Schedule of Fees.

5.1.3. The charges for the Services and the Equipment will be invoiced monthly in advance and is payable by any of the provided payment optons in the portal. Automatic payments will be processed on the Invoice due date. Manual Payments are dure for payment on the Due Date.

5.1.4. The Customer will pay or reimburse Rapidnet for any and all sales and use taxes, duties or levies imposed by any authority, government, or government agency (other than the property taxes and taxes levied on Rapidnet's net income) in connection with the Equipment and Services provided herein.

5.2. Installation fees - cover the costs of labour and other expenses incurred in the installation of the service and does not cover Equipment costs.

5.3. Reconnection fees – A reconnection fee of R99.00 will be charged where Rapidnet has suspended services for non-payment. The reconnection fee will be added to the ourstanding invoice.

5.4. Early termination fee – Early cancellation fees are calculated as the value of 4 months of fees being charged to the Customer at the time of the cancellation.

5.5. Other Charges - The Customer agrees to pay all charges for maintenance and other service activities, and to pay for loss or damages to the Products caused by:

5.5.1. use of the Equipment and Services for purposes other than those for which they were designed;

5.5.2. failing to maintain a suitable operating environment; and

5.5.3. Any loss or damage to the Equipment at the replacement value of the Equipment;

6. Risk, Title and ownership

6.1. Risk of loss or damage to the equipment transfers to the Customer on the installation thereof.

6.2. Customer hereby acknowledges that the Customer has no right, title or interest in the Equipment, and that title to the Equipment shall at all times remain with Rapidnet.

7. Modifications

7.1. The Customer agrees not to modify, alter, repair, attempt to repair, or in any way to tamper with the Equipment provided to the Customer without the express written consent of Rapidnet ("Modification").

7.2. In the event of such Modification, Rapidnet shall be completely released from any liability or obligation (including any warranty or indemnity obligation) for any costs or damages incurred by Rapidnet (including damage to Rapidnet network) caused by such Modification.

8. Site environment and facilities

8.1. The Customer shall be responsible for making available, at no cost to Rapidnet, accommodation, power, space, including mast space, ducting and other facilities for the purposes of installing and housing the Equipment required for the provision of the Services to the Customer.

8.2. The Customer will permit reasonable access to the Customer's premises, during normal business hours, for the purpose of installation, inspection, maintenance, service, repair, replacement, relocation and removal of Equipment and for the purpose of performing any acts contemplated by this Agreement.

8.3. Rapidnet shall provide the following standard Equipment for a standard installation.

8.3.1. 1 X L Shape bracket

8.3.2. 4 X Sleeve anchors

8.3.3. 30M Cable

8.3.4. 1 X wireless Radio

8.3.5. 1 X WiFi Router

8.4. Any non-standard Equipment shall be for the cost of the Customer. Customer will be advised of any non-standard requirements after a site survey has been conducted.

9. Warranties

9.1. Rapidnet warrants that all Equipment and Services provided will be in good working order on the day installed, and certified by Rapidnet ready for use, and that they will conform to Rapidnet's service specifications.

9.2. Thereafter, Rapidnet will make such adjustments, repairs, and parts replacement necessary to maintain the Equipment and Services in working order pursuant to Rapidnet's specifications.

9.3. The express warranties contained in this agreement are in lieu of all other warranties, representations and guarantees of any kind by Rapidnet. Except as expressly set forth in this agreement, all products, services and other materials (if any) are furnished by Rapidnet and accepted by the Customer "as is". All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Rapidnet.

9.4. Rapidnet does not warrant that the Products, Services or any other materials provided hereunder will meet the Customer's requirements or that they or their access or use will be uninterrupted, error free, or completely secure, except as expressly provided in this clause.

9.5. In all situations involving performance or non-performance of Equipment and Services furnished under this Agreement, the Customer's sole remedy is adjustment or repair of the Equipment and Services.

10. Limitation of liability

10.1. The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all losses which constitute direct and/or general damages, provided that such liability for damages shall be limited to the actual payments made by Customer to Rapidnet in the previous twelve months.

10.2. Neither Party shall be liable to the other for any losses which constitute indirect, special or consequential damages.

11. Term and termination and suspension

11.1. If any party breaches any provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so (or in the time and manner specified in any other clause that contains its remedies for non-compliance with that specific clause), then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict, to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party’s right to claim damages.

11.2. Rapidnet shall be entitled to terminate this Agreement immediately and without notice if:

11.2.1. the Customer suffers a judgment which is not satisfied in whole or appealed against (provided that such appeal is timeously and successfully prosecuted) or in respect of which an application to set it aside or rescind it is not made within 14 (fourteen) days after it becomes known to the Customer;

11.2.2. the Customer commits any act of insolvency as contemplated in the Insolvency Act, 1936;

11.2.3. the Customer is placed in liquidation, under sequestration or under judicial management, provisionally or finally.

11.3. Rapidnet shall be entitled to immediately on notice suspend the Customer’s access to the Services in the event that the Customer defaults in its payment obligations or acts in contravention of the Acceptable Use Policy. Under no circumstances shall Rapidnet incur any liability arising from such suspension. Customer acknowledges that during a period of suspension the Agreement remains in force and Rapidnet incurs costs and resources to keep the Services available. Accordingly, Customer shall remain liable for the cost of the Services during a period of suspension.

11.4. This Agreement shall commence on the Effective Date and shall continue for a period of as set out in the Order (the “Initial Term”) and continue indefinitely thereafter until or unless terminated by either Party giving to the other not less than one full calendar months' prior written notice, subject always to prior termination as provided for in this clause.

11.5. During the Initial Term, the Customer shall not be entitled to downgrade the Customer’s Services. A downgrade request during the Initial Term will be treated as a cancellation subject to an Early termination fee and the downgraded services shall be dealt with as a new service being provisioned.

11.6. Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if the other Party commits a breach of any of the material terms of this Agreement and fails to remedy that breach within 14 calendar days of that Party being notified in writing of the breach.

11.7. A Customer cancellation shall not be processed and Rapidnet shall continue to invoice and collect payment from the Customer if the Customer does not make sufficient arrangements with Rapidnet for the collection of its Equipment.

12. Data privacy and protection

In performing its obligations under this Agreement, Rapidnet shall:

1. The Customer acknowledges that Rapidnet may share data, including but not limited to Personal Information of the Customer ("Customer Data"), with its Affiliates, subcontractors and the persons specified in its Privacy Policy ("Permitted Persons") to enable the performance of the Services ("Permitted Purpose").

2. Rapidnet undertakes to and shall procure that its Permitted Persons use the Customer Data for the Permitted Purpose only, except with written consent of the Customer, or as may be required or permitted by law.

3. If disclosure of the Customer Data is required by law, Rapidnet shall notify the Customer before making any such disclosure unless such prior notification is not reasonably practicable or is not permitted by applicable laws.

4. In respect of any Customer Data, Rapidnet warrants and undertakes that:

4.1. it shall comply with Rapidnet' Privacy Policy;

4.2. it shall only Process the Customer Data for the Permitted Purpose (other than to comply with any applicable laws to which Rapidnet is subject);

4.3. it shall have in place appropriate technical and organisational security measures to protect the Customer Data and to prevent the damage to, unauthorised destruction to and unlawful Processing of Customer Data;

4.4. it shall restrict access to Customer Data to employees, individuals, subcontractors or agents who are appropriately authorised to process such Customer Data and who, by their office or binding contract, are subject to appropriate confidentiality obligations;

4.5. it shall retain and delete Customer Data in the manner outlined in clauses 12.5 to 12.8.

4.6. it shall not transfer or permit the transfer of Special Personal Information or Personal Information relating to children to, or access to from, a country or territory outside of South Africa, that does not have adequate data protection laws similar to the provisions of POPIA, without first obtaining prior authorisation from the relevant data protection authority, where required;

4.7. it shall not transfer Customer Data outside of South Africa to recipients in locations that do not have adequate data protection laws unless there is a justification under POPIA to do so and subject to obtaining prior authorisation from the Information Regulator in circumstances where required; and

4.8. it shall comply with all applicable data protection laws in relation to the Personal Information.

5. It is recorded that Rapidnet shall only subcontract its Processing of any Personal Information contained in the Customer Data to the Subcontractor through a written agreement with the Subcontractors, which imposes the same obligations on the Subcontractors as are imposed on Rapidnet in these terms. Where the Subcontractor fails to fulfil its data protection obligations under these terms, Rapidnet shall remain fully liable to you for performing the Subcontractor's obligations.

6. The Customer agrees that, unless otherwise requested by it in writing for Rapidnet to delete the Customer Data, Rapidnet shall retain Customer Data subject to appropriate security safeguards being implemented to safeguard the information from unauthorised access or destruction.

7. The Customer agrees that, apart from information being deleted by the written request contemplated in clause 12.6, the Customer Data may be retained by Rapidnet.

8. Subject to applicable laws, Rapidnet agrees that it shall delete, de-identify, or hand over any of the Customer Data in its possession or control by such date as specified in the written request by the Customer requesting the deletion or handing over of such information or such later date which is reasonable and practicable in the circumstances, together with written confirmation that no copies of such information remain in its possession unless Rapidnet is required or permitted to retain the Customer Data by applicable law.

13. Force majeure

13.1. Neither Party shall be liable to the other for inability to perform or delayed performance in terms of the Agreement, should such inability or delay arising from any cause beyond the reasonable control of such Party, provided that the existence/happening of such cause has been drawn to the attention of the other Party within a reasonable time of occurrence of such cause (hereinafter referred to as “a Force Majeure Event”).

13.2. For the purposes of this clause a Force Majeure Event shall without limitation of the generality of the foregoing, be deemed to include strikes, lock outs, accidents, fires, explosions, theft, war (whether declared or not), invasion, foreign enemies, hostilities rights, civil insurrection, flood, earthquake, lightning, act of local or national government, martial law or any other cause beyond the reasonable control of the Party effected.

13.3. Should Rapidnet be unable to fulfil a material obligation under this Agreement or any Service Order, as the case may be, for a period of 30 (thirty) days due to circumstances beyond its control more fully set out above, and be unable to provide a suitable temporary alternative to the affected Service, as the case may be, then Customer may terminate this Agreement or the applicable Service Order.

14. Dispute resolution

The Customer may lodge any unresolved complaints with the Independent Communications Authority of South Africa.

15. Waiver

15.1. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the Party to whom the waiver is addressed and to the circumstances for which it is given.

15.2. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

16. Confidentiality

16.1. Subject to Clause 16.2, each Party hereunder, shall:

16.1.1. only use Confidential Information for the purposes of the Agreement;

16.1.2. only disclose Confidential Information to a third party with the prior written consent of the other Party (except that either Party may disclose Confidential Information to its employees, agents or contractors, including professional advisors or auditors; and

16.1.3. ensure that any third party to whom Confidential Information is disclosed executes a confidentiality undertaking substantially similar to the terms of this Clause 16.

16.2. The provisions of Clause 16.1 shall not apply to any Confidential Information which:

16.2.1. is in or comes into the public domain other than by breach of this Clause 16; or

16.2.2. is or has been independently generated by the recipient Party; or

16.2.3. is properly disclosed pursuant to a separate written consent or a statutory obligation, the order of a court of competent jurisdiction or the requirement of a competent regulatory body.

17. Severance

17.1. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

17.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

18. Entire agreement

18.1. This Agreement, and any documents referred to in it, constitute the whole agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

18.2. Each of the Parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

19. Assignment

19.1. The Customer shall not, without the prior written consent of Rapidnet, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

19.2. Rapidnet may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

20. Notices

Each of the Parties chooses their respective addresses for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement, as follows:

20.1. Customer – the contact details in the Order

20.2. Rapidnet – 76 Kyalami Boulevard, Kyalami Office Park, Kyalami

21. Consent

21.1. The Customer hereby consents/authorises Rapidnet at any time, without notice to the Customer to obtain information about the Customer’s profile from any authorised and registered credit reference agency/credit bureau in the Republic of South Africa.

21.2. The Customer consents/authorises the Rapidnet to provide regular reports in respect of Customer’s payment conduct to any authorised and registered credit reference agency in the Republic of South Africa.

21.3. The Customer consents/authorises receiving marketing, promotional updates and client satisfaction surveys from Rapidnet.

22. Rapidnet Portal

22.1. Rapidnet may, in its complete discretion, make available to Customer the use of the Rapidnet Portal from time to time. Access to any such Rapidnet Portal shall be through an approved User ID or other authentication mechanism provided by Rapidnet to Customer.

22.2. Customer acknowledges that the documentation and information that may be directly accessed by Customer through the Rapidnet Portal shall be Confidential Information of Rapidnet and, as such, disclosure and use of such documentation and information shall be governed by the terms of this Agreement relating to Confidential Information.

22.3. Customer shall take all necessary steps to maintain the security and integrity of any and all User IDs used in connection with accessing the Rapidnet Portal. For the avoidance of doubt, such steps shall include but not be limited to notifying Rapidnet immediately if a person to whom Customer has disclosed User IDs leaves the employment of Customer.

22.4. Customer shall inform Rapidnet if Customer has any reason to believe that a User ID used in connection with accessing the Rapidnet Portal has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

22.5. Rapidnet reserves the right to suspend User ID access to the Rapidnet Portal of Customer if at any time Rapidnet reasonably considers, after consulting with Customer whenever practicable, that there has been or is likely to be a breach of security in respect of a User ID. Rapidnet may issue replacement User IDs, or cease suspension, when Rapidnet is satisfied that the breach of security or threat of breach of security is resolved.

22.6. Customer understands that Rapidnet may amend User ID’s on a periodic basis for the purpose of preventing unauthorised access to the Rapidnet Portal and Customer will appoint an employee to whom Rapidnet may communicate any such amended IDs.

22.7. Rapidnet may in its sole and absolute discretion terminate the provision of Confidential Information via the Rapidnet Portal at any time.

23. Moving Premises

23.1. To ensure minimum disruption to Service to the Customer, Customer must give Rapidnet at least one calendar months’ notice of its intention to move premises, together with full details of the new premises.

23.2. All requests for the Service at new premises shall be subject to a feasibility study.

23.3. If, after a feasibility study has been conducted it is evident that it is:

23.3.1. Feasible to deliver the same service at the new premises, then Customer shall be liable to Rapidnet for payment of a relocation fee equal to the then current prices for standard or non-standard installations;

23.3.2. not feasible to provide a similar Service to the new premises, Rapidnet shall suggest an alternative service to be provided to the Customer as a replacement service and the Customer shall be obliged to procure from Rapidnet such replacement service as best meets the Customer’s technical requirements.

23.4. In the event that it is not possible to provide the Customer with the same or an alternative Service at the new premises, it shall be regarded with as an early termination and the standard early termination fee will apply.

24. Governing law and jurisdiction

This Agreement shall be governed and construed in accordance with South African law and the Parties hereto irrevocably agree to the exclusive jurisdiction of the South African courts.

25. Acceptable - and Fair Use Policies

Rapidnet’s Acceptable Use Policy (AUP) is available at www.rapidnet.co.za/legal.

By purchasing a Service, Customer agrees to abide by the AUP and these terms and conditions.

26. Privacy Policy

Rapidnet’s Privacy Policy may be located at Here

PAIA

RAPIDNET BROADBAND (PTY) LTD
PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the PAIA Act”). The PAIA Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.

The reference to any information in addition to that specifically required in terms of Section 51 of the PAIA Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the PAIA Act.

This manual pertains to Rapidnet Broadband (Pty) Ltd (the “Company”).

1. Overview

The Company provides telecommunication services.

The Company supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the PAIA Act, the confidentiality we owe third parties and the principles of South African law.

2. Availability of this manual

A copy of this Manual is available on the Company’s website at www.rapinet.co.za or by sending a request for a copy to the Information Officer by email. This Manual will be updated from time to time, as and when required.

3. Guide on how to use the PAIA Act

The Information Regulator has, in terms of section 10(1) of the PAIA Act, provided a guide on how to use the PAIA Act (“the Guide”).

It is designed to be easily understood by a person who wishes to exercise any right provided for in the PAIA Act or in the Protection of Personal Information Act 4 of 2013 (“the POPI Act”).

The Guide is available in all of the official languages as well as in braille, and contains a description of, amongst other things:

the objects of the PAIA Act and the POPIA Act;
the postal and street address, phone and fax number and, if available, electronic mail address of the Information Officer of every public body,
the manner and form of a request for access to a record of a public or private body;
the assistance available from the Information Regulator in terms of the PAIA and POPIA Acts;
the remedies available regarding an act or failure to act in respect of a right or duty conferred or imposed by the PAIA and POPIA Acts; and
fees to be paid for requests for access to information.

During normal working hours, members of the public can inspect or make copies of the Guide from the offices of both private and public bodies, including the office of the Information Regulator.

PAIA Forms - Information Regulator (inforegulator.org.za)

The Guide can also be obtained as follows:

upon request to an Information Officer or to the Information by means of the relevant request form available for download at PAIA Forms - Information Regulator (inforegulator.org.za); and
from the website of the Information Regulator at PAIA Guidelines - Information Regulator (inforegulator.org.za), where the Guide is available in English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda and Xitsonga.

4. How to request access to records held by the Company

Requests for access to records held by the Company must be made on the request form entitled “Form 2: Request for Access to Record [Regulation 7]”, which is available from our website www.rapinet.co.za and head office, as well the website of the Information Regulator at PAIA Forms - Information Regulator (inforegulator.org.za).

A request fee may be payable. The schedule of fees can be accessed on page 32 of each of the documents available at: https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf or https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf. You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.

Requests for access to records must be made to the Company’s Information Officer at the addresses or electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

Should you know which department within the Company holds the record/s you are requesting, please indicate this fact. Where you are unsure which department holds the record/s, please provide as much detail as possible about the record to facilitate our search and to avoid any possible delays.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer, of the capacity in which the requester is making the request.

The standard form that must be used for the making of requests is Form 2. Not using this form, or not providing sufficient information, may result in your request being refused or delayed.

Kindly note that all requests submitted to the Company will be evaluated and considered in accordance with the PAIA Act and the POPIA Act. The publication of this manual and the description of the categories and subject matter of information held by the Company does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the PAIA Act.

5. Contact details

Name of Private Body	Rapidnet Broadband (Pty) Ltd
Designated Information Officer	Rishi Mungaroo
Email address of Information Officer	legal@rapidnet.co.za
Postal address	8 Barbeque Band, Kyalami, Gauteng
Street address	8 Barbeque Band, Kyalami, Gauteng
Phone number	010 822 1060

6. Voluntary disclosure

The Company has not published a notice in terms of Section 52(2) of the PAIA Act, however, it should be noted that the information relating to the Company and their services is freely available on the Company’s website. Certain other information relating to the Company is also made available on such website from time to time.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

7. Records available in terms of any other legislation

Information is available in terms of the following legislation to the persons or entities specified in such legislation:

Companies Act 71 of 2008
Income Tax Act 58 of 1962
Value Added Tax Act 89 of 1991
Tax Administration Act 28 of 2011
Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997
Employment Equity Act 55 of 1998
Skills Development Levies Act 9 of 1999
Unemployment Insurance Act 30 of 1966
Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
Criminal Procedure Act 56 of 1955
Films and Publications Act 65 of 1996
Electronic Communications Act 36 of 2005
Electronic Communications and Transactions Act 25 of 2002
Occupational Health and Safety Act & Regulations: Act 85 of 1993

8. Records held by the Company group

The Company maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the PAIA Act.

Please note that each company within the Company does not necessarily hold records in respect of every category and subject matter listed here. If you are uncertain which entity holds the relevant record, please provide the Information Officer with as much detail as possible to minimise delays.

8.1. Internal records

The following are records pertaining to the Company’s own affairs and those of its divisions, subsidiary and associated companies:

Memorandum and Articles of Association
Financial records
Operational records
Licences
Intellectual property
Internal correspondence;
Product records;
Statutory records;
Internal policies and procedures;
Records held by officials of the Company.

8.2. Personnel records

Personnel refers to any person who works for or provides services to or on behalf of the Company and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the Company. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

Any personal records provided to the Company by their personnel;
Any records a third party has provided to the Company about any of their personnel;
Conditions of employment and other personnel-related contractual and quasilegal records;
Internal evaluation records; and
Other internal records and correspondence

8.3. Customer records

Please be aware that the Company takes the protection of its customers’ confidential information seriously. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the PAIA Act.

Customer information includes the following:

Any records a customer has provided to the Company or a third party acting for or on behalf of the Company;
Contractual information;
Customer needs assessments;
Personal records of customers;
Other research conducted in respect of customers;
Any records a third party has provided to the Company about customers;
Confidential, privileged, contractual and quasilegal records of customers;
Customer evaluation records;
Customer profiling;
Performance research conducted on behalf of customers or about customers;
Any records a third party has provided to the Company either directly or indirectly; and
Records generated by or within the Company pertaining to customers, including transactional records.

8.4. Marketing

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to the Company. The following records fall under this category:

Market Information
Public Customer Information
Product Brochures
Leads records
Social media accounts and history
Performance Records
Product Sales Records
Marketing Strategies
Customer Database
Sales channel documents.

8.5. Other Parties

Personnel, customer or the Company records which are held by another party as opposed to being held by the Company; and
Records held by the Company pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

8.6. Other Records

Further records are held including:

Information relating to the Company’s own commercial activities; and
Research carried out on behalf of a client by the Company or commissioned from a third party for a customer;
Research information belonging to the Company, whether carried out itself or commissioned from a third party.

9. Protection of access to information

9.1. Purpose of processing

The Company will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.

For example:

To gather contact information.
To enable the execution of contracts;
To confirm and verify your identity or to verify that you are an authorised user for security purposes.
For the detection and prevention of fraud, crime, money laundering or other malpractice.
To comply with legal obligations imposed on the Company.
To conduct market or customer satisfaction research or for statistical analysis.
For audit and record keeping purposes.
In connection with legal proceedings.

9.2. Description of categories of data subjects and of the information or categories of information relating thereto

The Company may possess records relating to suppliers, shareholders, contractors service providers, staff and clients:

Entity Type	Personal Information Processed
Customers	Names of customer and contact persons; Physical and Postal address and contact details; Financial information; Bank details, Registration Number; Founding documents; Tax related information (for example VAT numbers); Authorised signatories, beneficiaries, ultimate beneficial owners; IP addresses assigned to customers, Company account IDs, usernames, email addresses, source and destination IP addresses
Intermediary/Advisor	Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax related information; Authorised signatories, beneficiaries, ultimate beneficial owners
Third Party Service Providers	Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax related information; Authorised signatories, beneficiaries, ultimate beneficial owners
Employees/Directors	Gender, Pregnancy; Marital Status; Colour, Age, Language, Education information; Financial Information; Employment History; ID number; Physical and Postal address; Contact details

9.3. The recipients or categories of recipients to whom the personal information may be supplied

The Company may supply the Personal Information to service providers who render the following services:

Capturing and organising of data;
Storing of data;
Sending emails and other correspondence to service providers who require customer data to configure and activate services;
Network operators who need to install their network infrastructure at the customer’s premises;
Installers who need to install equipment at customer premises;
Couriers tasked with collection of equipment on termination of services;
Lawyers, debt collection companies, court officials and tracing service providers;
Credit bureaus;
Law enforcement agencies and the South African Revenue Services or as otherwise directed by a court order.

9.4. Planned transborder flows of personal information

Where transborder flows of Personal Information is required, the Company will assure to:

take steps to determine whether you are entitled to transfer personal information about a data subject to a third party in a foreign country;
confirm that at least one of the additional requirements have been met;
the third party is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection of personal information;
the data subject consented to the transfer of the personal information to the third party in a foreign country;
the transfer is necessary for the performance of a contract between the data subject and your company, or for the implementation of pre-contractual measures taken in respect of a request by the data subject;
the transfer is necessary for the conclusion or performance of a contract concluded between your company and the third party in the interests of the data subject; or
the transfer is for the benefit of the data subject and it is not reasonably practical to obtain the consent of the data subject to that transfer and if it were practical, the data subject would have provided their consent.

9.5. Security measures implemented by the Company

The Company continuously establishes and maintains appropriate, reasonable technical and organisational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements set forth in law, in industry practice and generally accepted information security practices and procedures within the Company.

Hotspot

PRODUCT SPECIFIC TERMS – HOTSPOT

This document is concluded under the terms of the Agreement between Rapidnet and the Customer, and these terms and the Agreement shall be read as one agreement.

Capitalised terms not defined herein have the same meaning as defined in Rapidnet Agreement.

1. Definitions

1.1. “Connection Date” means the date on which the Rapidnet Hotspot Service is activated.

1.2. “Rapidnet Portal” means any platform or any other business and operations support software platforms to which Customer is provided access by Rapidnet and that provides Customer with functions to:

1.2.1. purchase voucher/s;

1.2.2. updating of personal details, etc.

1.3. “Valid Period” means the period as provided for in the Voucher.

1.4. “Voucher” means any Rapidnet Hotspot voucher purchased from a 1ForYou voucher vendor or through the Rapidnet Portal.

2. Rapidnet Hotspot Service

2.1. Rapidnet Hotspot – Uncapped

2.1.1.1. Rapidnet Hotspot is an uncapped prepaid service limited to the duration as reflected in the Voucher commencing from the Connection Date.

2.1.1.2. Customer has no fixed term contractual commitment.

2.1.1.3. No data rollover is applied, and data is not transferrable.

2.1.1.4. This is a best effort service and throughput could vary during peak periods. Rapidnet cannot provide any guarantees or warranties on throughput or service availability. Rapidnet shall use reasonable endeavours to ensure service availability at all times.

2.1.1.5. Actual network speed shall vary based on network congestion, device configuration etc.

2.1.1.6. An uninterrupted, error-free service is not guaranteed.

2.1.1.7. The Rapidnet Hotspot service shall only be available at the site/s identified on the website / portal.

3. Rapidnet Portal

3.1. Rapidnet grants Customer a non-exclusive, non-transferable right to the Rapidnet Portal.

3.2. Access to any such Rapidnet Portal shall be through an approved user ID or other authentication mechanism provided by Rapidnet to Customer.

3.3. Customer acknowledges that the documentation and information that is accessible by Customer through Rapidnet Portal shall be deemed to be classified as Confidential Information of Rapidnet and, as such, disclosure and use of such documentation and information shall be governed by the terms of the Agreement relating to Confidential Information.

3.4. Customer shall take all necessary steps to maintain the security and integrity of his/her user ID used in connection with accessing Rapidnet Portal.

3.5. Customer shall inform Rapidnet if Customer has any reason to believe that a user ID used in connection with accessing the Rapidnet Portal has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

3.6. Rapidnet reserves the right to suspend user ID access to Rapidnet Portal of Customer if at any time Rapidnet reasonably considers, after consulting with Customer whenever practicable, that there has been or is likely to be a breach of security in respect of a user ID. Rapidnet may issue a replacement user ID, or cease suspension, when Rapidnet is satisfied that the breach of security or threat of breach of security is resolved.

4. Vouchers

4.1. Vouchers for Rapidnet Hotspot Service will be for sale at any 1ForYou voucher vendor or on the Rapidnet Portal and payment will be accepted through the following methods:

4.1.1. Credit card;

4.1.2. Debit card;

4.2. Vouchers do not have a billing cycle and can be activated at any time.

4.3. Rapidnet shall provide the Customer with login credentials via SMS or email.

5. Refunds

5.1. No refunds will be effected after the purchase of a voucher by a Customer.

5.2. Customer shall take all necessary steps to maintain the confidentiality of his/her voucher number and voucher pin used in connection with accessing any Hotspot Service. Rapidnet accepts no liability for any loss or damage suffered by the Customer.

5.3. Rapidnet reserves the right to cancel any voucher / service for which payment has already been received. Should Rapidnet exercise its right under this 5.3, the Customer shall receive a full refund without deduction.

6. Charges and Payments

6.1. There will be no monthly charge to the Customer.

6.2. Upon expiration of the Valid Period, Rapidnet shall immediately terminate access to the network and no out-of-bundle rates shall be charged to the Customer.

7. Support

7.1. Customer can get support by calling our support line on 0860 018 169 or emailing support@rapidhotspot.co.za.

7.2. Support hours are:

7.2.1. Mondays to Fridays: 07h00 – 22h00;

7.2.2. Saturdays, Sundays and Public Holidays: 08h00 – 17h00;

7.2.3. Physical customer site faults will be attended to within 72 hours;

7.2.4. No Facebook or any other social media platform will be used for support purposes.

PBX

PRODUCT SPECIFIC TERMS – PBX

This document is concluded under the terms of the Agreement between Rapidnet and the Customer, and these terms and the Master Services Agreement shall be read as one agreement.

Capitalised terms not defined herein have the same meaning as defined in the Rapidnet Master Services Agreement.

Unless the Customer has entered into a reseller agreement with Rapidnet, resale of the Service is not permitted.

1. Definitions

1.1. Access Circuit means the physical link (whether wired or wireless) installed at the Customer Site / Premises over which data is transmitted to and from the IP-PBX.

1.2. Open-sourced means open-sourced equipment carries no licensing fees for users and is compatible with all standards-based equipment.

1.3. PBX means a private branch exchange located on the Customer Site and includes an IP-PBX. IP-PBX is a PBX that is connected to an internet protocol service, either on-site or hosted.

1.4. Proprietary means proprietary equipment is designed by the same manufacturer where you can expect a similar and familiar user experience with each device.

1.5. SIP softphone client - is an application program that enables voice over Internet Protocol (VoIP) telephone calls from computing / smart devices.

1.6. CRM systems means Customer Relationship Management is a system to manage a company's interaction with current and potential customers.

2. Access circuits

1. The Customer must order (or upgrade where necessary) and retain for the duration of the Service the Rapidnet internet service (referred to as the "IP service") for the Customer Site / Premises for which the Service is ordered.

2. Unless otherwise agreed with Customer in writing Rapidnet orders, configures and tests the Access Circuit on behalf of Customer. Should the Customer provide the Customer Equipment to connect its network to the Service Equipment, then the Customer must ensure compatibility with the Service Equipment.

3. If the Service is delivered in combination with best effort access circuits / services, the following limitations apply:

3.1. Due to the nature of best effort access circuits / services, the Service can suffer from reduced call quality.

3.2. In case of prolonged call quality issues, the Customer may order an upgrade to an access technology and/or IP Service for which Rapidnet can commit to call quality. Any additional charges or costs associated with such an upgrade are for the Customer.

4. Any extra cabling necessary within the Customer Site / Premises, including but not limited to the connection between the telecommunications equipment entrance point (the “Telco entrance point”) and the Customer's IP connection point, is not included in the provision of the Service and is the sole responsibility of the Customer.

3. Installation and Customer requirements

3.1. The Customer agrees to ensure that service staff of Rapidnet or the provider of the Access Circuits are given access to the Customer Site / Premises to install the Access Circuit and any other Service Equipment. The Customer shall state a contact person for the installation of the Access Circuit on the Service Order. This person shall be available for questions with regard to details of the Customer Site / Premises and to assist service staff where necessary.

3.2. Rapidnet shall at its own discretion if necessary produce a Customer responsibility document, detailing the Customer site preparation requirements, which will be incorporated by reference in the Service Order.

3.3. Unless quoted for, the Customer is responsible for providing all internal cabling to connect the Customer Equipment to the Service Equipment. Upon Customer request in the Service Order, Rapidnet may provide standard internal cabling at an additional charge, provided the Service Equipment and the Customer Equipment are located in the same room within a distance of 15 meters of each other. If the Customer requires Rapidnet to provide extended internal cabling outside the above limitations, Rapidnet will perform a site survey to determine if such internal cabling can be provided by Rapidnet and the additional charges that would be applicable.

3.4. Rapidnet points out that in case of jointly used office buildings there is often a common entrance point for telecommunication providers. Any facilities and extra cabling necessary within the Customer Site / Premises, in particular the connection between the Telco entrance point and Customer's IP connection point, are not included in the provision of the Service and are the Customer's sole responsibility. The Customer must ensure that the IP Router - if it is not provided by Rapidnet- and extra cabling are available when the Access Circuit is installed.

3.5. Each IP phone will be configured by Rapidnet in accordance with Customer supplied information for each user and delivered to the Customer. Where the Customer orders "on-site installation" as part of the Service, Rapidnet will also test each IP phone at the Customer Site / Premises and install each IP phone on the user desk if required. IP phones provided by the Customer but have been approved by Rapidnet as acceptable to use on with Rapidnet systems will be required to be upgraded to the latest firmware in order for the Rapidnet to auto-provision and maintain the IP phones. Therefore, a service fee will be incurred for Customers own IP Phones to accommodate this.

3.6. Unless otherwise requested by the Customer the installation will be carried out on Business Days during Business Hours. Additional costs may apply for installations carried out outside of these times.

3.7. It is the responsibility of the Customer to ensure that all licence fees are paid to the relevant rights organisations (such as SAMRO or SAMPRA) when music tracks are used for the “music on hold” source.

3.8. The following minimum requirements may be required to be supplied by either Rapidnet or the Customer:

3.8.1. Low Latency Internet Connection

3.8.2. PoE Switch and UPS

3.8.3. Network Cabinet and AC Power

3.8.4. Network Cabling to the required phone points

4. Service provisioning and testing

5. A minimum of two (2) weeks lead time is required for installations and may vary based on equipment and resource availability, complexity and location of the solution deployment.

6. The Customer will complete a site survey to determine whether the Customer's network and facilities will support the provision of the Service. For hosted PBX Service, the Customer may complete the Site / Premises survey or request Rapidnet to carry out a site survey at the Customer's cost.

7. Customer should carry out a basic assessment on the Customer's LAN(s) (the "Basic LAN Assessment"), in order to confirm that the Service can be supported. If the Customer delays the LAN Assessment, it may not be carried out until after acceptance of the Service Order. If Rapidnet then determines that the LAN Assessment results illustrate that the Service cannot be supported either Party may terminate the Service Order without penalty except that the Customer will become liable for any termination charges incurred by Rapidnet as a result of such termination.

8. The Customer will provide Rapidnet and/or its subcontractor(s) with such assistance and information as reasonably required to provide the Service.

9. The Customer agrees to provide Rapidnet and its subcontractors and their respective employees and agents’ access to the Customer Site / Premises where any Service is provided (including access to associated equipment) as necessary for Rapidnet and its subcontractors to provide the Service.

10. The Customer shall allow, authorise and cooperate with Rapidnet and/or its subcontractor(s) to perform the following, whether or not on Customer Site / Premises:

10.1. a follow up site survey, where applicable, to further determine whether the Customer network and facilities will support the provision of the Service;

10.2. any applicable preservice testing on local service facilities; and

10.3. any other testing involving the provision of the Service, including, but not limited to, post-installation testing.

11. All final reticulation costs and LAN assessment charges quoted (where applicable) are dependent upon the completion of a site survey and are subject to change at any stage prior to the implementation of the Service. Any such changes will be communicated to the Customer at the relevant time.

12. Rapidnet shall not be responsible for any quality related issues pertaining to the implementation of IP telephony on the Customer’s Local Area Network (LAN) should the Customer not contract for the LAN assessment. The Service level guarantee is subject to the Customer contracting / completing a LAN assessment. For an IP Solution, LAN switches should be manageable and support Quality of Service, have sufficient link speed between switches and support power over ethernet.

13. Rapidnet shall take no responsibility for any problems/faults that exist at the Customer Site / Premises that results in any delay or problem that may affect the Services provided by Rapidnet.

5. Customer Equipment

1. The Customer is responsible for obtaining, installing, configuring and maintaining all Customer Equipment including, but not limited to gateways and firewalls, PC hardware and operating systems, software, wiring, power sources, telephone connections and/or communications service necessary for inter-connection with the Rapidnet Network or otherwise for use in conjunction with the Service. Rapidnet will configure and upgrade IP phones that are approved to work on Rapidnet’s systems at a mandatory fee.

2. The Customer is responsible for ensuring that such Customer Equipment is compatible with Rapidnet’s requirements and continues to be compatible with subsequent revision levels of Rapidnet-provided equipment, software and services.

3. Rapidnet is not responsible for the availability, capacity and/or condition of any Customer Equipment not provided by Rapidnet.

4. The Customer is responsible for operation and configuration of its Customers' computer(s) and LAN/WAN.

5. If the Customer connects any Customer Equipment to the Service the Customer will be liable for any and all damages if such connection causes any malfunction or failure to the Service or the equipment or software of Rapidnet, this Customer, or any third party. Only Customer Equipment approved in writing by Rapidnet may be connected to or interfaced to the Service Equipment provided in terms of the Agreement.

6. It is the responsibility of the Customer to ensure that it complies with the notice of termination provisions provided for in the Master Services Agreement. In the event that no notice was received by Rapidnet, Rapidnet may, at its discretion and in the best interest of the Customer’s system operation, renew the Service Term and acquire an annual license on behalf of the Customer, which costs the Customer shall be held liable for.

6. Service Equipment

1. The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.

2. In the event that the Customer requires access to the Service Equipment management interface, Rapidnet can under no circumstances be held accountable for the misuse or misallocation of passwords to access the Service Equipment by staff or any resources appointed by the Customer. The Customer agrees to accept full responsibility for any changes made to the Service Equipment which may result in loss of data, equipment failure and/ or damage and acknowledges that such damage to the Service Equipment or costs to recover data will be charged to the Customer in full. The Customer also agrees to ensure all staff or resources appointed by the Customer to access the Service Equipment are sufficiently trained and have the necessary skill / certification to undertake the necessary maintenance on the Service Equipment.

3. If the Customer has elected to rent the Service Equipment, then:

3.1. The Service Equipment remains the property of Rapidnet. Upon end of Service it shall be returned to Rapidnet. Customer shall bear the shipping costs for the delivery and return of the Service Equipment.

3.2. Risk of loss and/or damage in the Service Equipment is that of the Customer, and the Customer shall ensure that it is sufficiently insured against such risks.

3.3. In the event of failure of the Service Equipment, Rapidnet will repair or replace (at Rapidnet’s discretion) the Service Equipment as per the Service Level Agreement and subject to relevant warranty terms and conditions.

3.4. Maintenance will be provided as per the accompanying Service Level Agreement.

3.5. The Customer accepts liability for any costs incurred by Rapidnet as a result of repair or replacement of Service Equipment where the Service Equipment failure was caused by Customer's use, misuse or changes to the Service Equipment, other than as previously agreed to in writing by Rapidnet. The Customer agrees to support the replacement of the Service Equipment according to Rapidnet’s instructions.

4. If the Service Equipment is managed by Rapidnet, Rapidnet will retain the password for the Service Equipment. Responsibility for the IP configuration of the Service configuration lies with Rapidnet. Rapidnet will make changes to the configuration if requested by Customer. Rapidnet will retain the version of the configuration installed on the Service Equipment and reinstall this copy configuration if required. Rapidnet reserves the right to charge a separate installation fee for complex configurations. The contracted Services do not include post deployment installations, moves, adds, changes and deletions of the Service Equipment.

7. SIP softphone applications

5. Only approved SIP softphone applications may be used in conjunction with Rapidnet Service Equipment.

6. Rapidnet has no control of the networks being used when SIP softphones are utilized and can therefore not guarantee the user experience.

7. Rapidnet cannot support the Customer Equipment that the softphone application is installed on.

8. Rapidnet does not guarantee service if the software version of the users’ smart device is not supported by the SIP softphone.

9. Rapidnet cannot guarantee quality of service if 3rd party Wi-Fi solutions are deployed.

10. Quality of service is only guaranteed on Rapidnet dedicated last mile links with a private voice VRF.

11. VOIP calls made over the internet carry no quality of service or guarantees.

8. Security

12. Customer acknowledges that the logical and physical security measures in relation to the Services are the sole responsibility of the Customer. Customer agrees that Rapidnet will not be held liable for any losses arising out of security breaches of the Customer Services.

13. Without limiting the generality of aforesaid, Customer is aware that IP-PBX’s and SIP accounts are known targets for malicious access and abuse. Customer must take all reasonable precautions to protect the SIP account security from being breached by (amongst other things) assigning secure passwords, changing the passwords regularly and to take such necessary measures to properly secure the Customers' PBX. Rapidnet will not be held liable for any losses arising out of any IP-PBX or SIP accounts that have been compromised.

9. Call Recordings by Customer

If Customer has opted for and activated the call recording function of its PBX, Customer acknowledges that it is fully responsible for the storage and access to such call recordings and shall at all time remain compliant with all applicable data protection laws. Rapidnet shall in no way be liable for any loss, damage to, or unauthorized access to call recordings.

10. Rate of exchange

All pricing is subject to rate of exchange variations of foreign currency as determined by the authorized distributors of the equipment. Accordingly, Rapidnet shall be entitled to pass through to Customer any increases directly caused by a change in the exchange rates.

11. Deployment costs

14. Pricing does not include post deployment installations, moves, adds, changes and deletions.

15. Any changes to the scope of supply of this Agreement will be required to be re-quoted by Rapidnet and accepted by the Customer prior to implementation.

16. All final reticulation costs and LAN audit charges quoted (where applicable) are dependent upon the completion of a site survey and are subject to change at any stage prior to the implementation of the Service. Any such changes will be communicated to the Customer at the relevant time.

17. The Customer Site / Premises equipment quoted herein is based on the information available at the time of the contract and may change subject to final site installation requirements or further traffic analysis or traffic volume increase or decrease.

18. Rapidnet shall not be responsible for any quality related issues pertaining to the implementation of IP Telephony on the customers Local Area Network LAN should the Customer not contract for the LAN assessment. The Service level guarantee is subject to the Customer contracting for the LAN assessment. For an IP Solution, LAN switches should be manageable and support quality of Service, have sufficient link speed between switches and support power over ethernet.

12. Training

19. The duration of the post deployment training for Customer is based on the complexity of the solution and will vary from solution to solution.

20. Post deployment user training is provided for a maximum of 1 hour per site, unless otherwise stated.

21. Training is limited to the use of end devices or applications provided with the Service Equipment within the Rapidnet Agreement.

22. A training date and time will be deemed agreed and confirmed by the Customer upon acceptance of a calendar invitation or upon written acceptance of the proposed time and date.

23. The Customer is responsible to ensure users requiring training are available for training on the agreed date.

24. Cancellation or changes to the agreed training date must be made to Rapidnet in writing by the Customer no later than 48 hours before the scheduled training date and time. Cancellations or changes made within 48 hours of the scheduled training date will be forfeited and any new training scheduled will be a billable engagement.

25. Additional training required after the initial post deployment training has been completed or for users who did not attend the initial session, will be billed on an hourly basis – minimum of 2 hours.

13. Integrations

Unless otherwise stated, no integration costings have been included in the proposal. Precise costings related to the integration into any CRM System can only be provided once a detailed analysis around the scope and requirements have been conducted.

14. Acceptable Use Policy

Use of the Service shall at all times be subject to the Rapidnet AUP

VOIP

PRODUCT SPECIFIC TERMS – VOICE OVER INTERNET PROTOCOL (VOIP)

This document is concluded under the terms of the Agreement between Rapidnet and the Customer, and these terms and the Agreement shall be read as one agreement.

Capitalised terms not defined herein have the same meaning as defined in the Rapidnet Agreement.

Unless the Customer has entered into a reseller agreement with Rapidnet, resale of the Service is not permitted.

1. Definitions

Capitalised terms not defined herein have the same meaning as defined in the Master Services Agreement.

1.1. Access Links – means the physical link (whether wired or wireless) installed at the Customer Site or Premises over which data and voice is transmitted;

1.1.1. Contended - means that multiple users are sharing the same network capacity; and

1.1.2. Uncontended - means dedicated service;

1.2. Business Hours - means the hours of 08h00 to 17h00 SAST on all days, excluding Saturdays, Sundays and public holidays in the Republic of South Africa;

1.3. CLI – Caller Line identification;

1.4. Domestic Minutes – Voice calls originating in South Africa and terminating to destinations in South African (includes fixed and mobile destinations);

1.5. FTTH - Fibre to the Home;

1.6. FTTB - Fibre to the Business;

1.7. GSM - Global System for Mobile communications;

1.8. ITU-T – International Telecommunications Union. A body that sets international telecoms standards;

1.9. Minimum Billing – refers to a committed billing value applicable to specific services. Rapidnet will charge Customers the higher of variable voice billing or minimum billing amount.

1.10. PBX – Private Branch Exchange. A private telephony system used within a company or organization.

1.11. SIP - Session Initiated Protocol is a protocol used in VoIP communications allowing users to make voice calls.

1.12. VoIP - Voice over Internet Protocol, a protocol used to convey voice calls over data networks. Voice over Internet Protocol, is the transmission of voice over Internet Protocol networks.

1.13. WTTB - Wireless to the Business.

2. Installation and Customer Requirements

2.1. Unless otherwise agreed between the Parties, the installation will be carried out on Business Days during local Business Hours.

2.2. Additional costs may apply for installations carried out outside of these times.

2.3. The voice gateway must be located in a secure environment with access to a dedicated protected power source (220VAC).

2.4. Clear unobstructed access to the voice gateway is required at all times for maintenance personnel.

2.5. Costs associated to PBX vendor callouts shall at all times be borne by the Customer, unless Rapidnet is the PBX vendor.

2.6. Only Rapidnet personnel are allowed access to the voice gateway configuration interface.

2.7. The contracted Services do not include post deployment installations, moves, adds and changes of the Service Equipment. These requests will be quoted based on Customer request.

2.8. Installation timeframe is dependent upon Access Links and will be installed within ___ (_____) Days from the activation date of the Access Link.

3. Security

3.1. The Customer acknowledges that the logical and physical security measures in relation to the Services are the sole responsibility of the Customer. The Customer agrees that Rapidnet will not be held liable for any losses arising out of security breaches of Customer Services.

3.2. Without limiting the generality of aforesaid, the Customer is aware that PBX’s and SIP accounts are known targets for malicious access and abuse. The Customer must take all reasonable precautions to protect against unauthorised access to the voice Service. Rapidnet will not be held liable for any losses arising out of fraudulent or unauthorised calls made via the voice Service.

3.3. Voice Services may be subject to credit limit at the sole discretion of Rapidnet. The latter shall under no circumstances be regarded as a preventative measure for fraud.

3.4. Subject to clause 3.3 above, Rapidnet may accordingly at its own discretion require a security deposit from the Customer.

3.5. The Customer agrees that any suspicious destinations may be blocked by Rapidnet and further indemnifies Rapidnet against any liability under this clause 3.5.

4. Numbering

4.1. Where Rapidnet allocates a geographic number range/s to a voice Service provided pursuant to this Agreement, the Customer shall be obliged to use the number/s allocated in the geographic area to which it/they is/are allocated and may not be transferred between geographical regions as defined in the Numbering Regulations from time to time.

4.2. Should Rapidnet deem it reasonably necessary for any reason whatsoever to alter the telephone number or any other code or number which has been allocated to the Customer for the equipment, it shall be entitled to do so on 30 (thirty) days’ written notice to the Customer.

4.3. The Customer acknowledges that Rapidnet cannot present other licensed operator’s numbers as CLI on outbound voice calls, which is in line with local regulations.

4.4. Rapidnet assumes no liability for any losses incurred due to the Customer’s publishing of its numbers.

5. General

5.1. Call Charges will be as per the Agreement to which the Service is linked. Call Charges to destinations that are not regulated by ICASA tariffs are set by the recipient network and subject to change, which changes Rapidnet shall pass through to the Customer.

5.2. If the Customer terminates the Service, or Rapidnet terminates the Service as a result of a Customer's breach, this Service will automatically terminate and Rapidnet reserves its rights to claim early termination charges as set out in the Master Services Agreement.

5.3. Should any of Rapidnet’s interconnect partners reclassify any calls having originated from Customer’s site to be of a type of call that is not subject to a regulated interconnect tariff, and consequently re-rates such calls because of such reclassification, then Rapidnet shall be entitled to proportionately increase the charges applicable to such rerated calls.

5.4. Rapidnet assumes no liability for the functionality and performance of any third-party software.

5.5. Rapidnet cannot in any manner guarantee or measure the quality of voice Services provided over "public networks" where there is no direct IP (internet) connection to Rapidnet. Loss of voice integrity and quality cannot be measured by means of MOS (Mean Opinion Score as a measurement of voice quality) or any other manner over networks not linked to Rapidnet directly. Rapidnet shall not be liable for any claims in regard to Services offered whilst traversing "public networks".

6. Term and termination

6.1. Month to Month Service in Advance

6.2. One (1) month cancellation notice

7. Customer Service and Support

1. Support for technical and billing issues must be logged telephonically, via telephone, email or in the online Customer portal details at my.rapidnet.co.za

2. Any request for technical or billing support sent to account managers may result in delayed responses and turnaround times.

3. The Customer will provide Rapidnet with accurate and up to date information when Customer contacts Rapidnet to report a suspected fault and is asked a standard set of structured questions. Rapidnet shall not be liable for any loss suffered as a result of the Customer's failure to provide accurate information or any relevant facilities, which may lead to a delay service repair.

8. Caller Line Identification

8.1. Customer to ensure that on-site telephony is configured to present CLI in line with examples below, which comply with the Numbering Plan Regulations and the ITU-T Recommendations relating to the presentation of CLI, particularly ITU-T Recommendations E.164 and Q763.

Examples - correct CLI display:

+27123456789 or

0123456789

8.2. Calls not displaying correct CLI will be subject to higher call charges or blocked by upstream providers.

8.3. It is also forbidden for Customers to manipulate CLI. The number displayed should always be a Rapidnet assigned number or valid ported number.

9. Number Porting

9.1. Rapidnet complies with number porting regulations.

9.2. Number porting may take up to 10 (ten) days.

10. Acceptable Use Policy

Use of the Service shall at all times be subject to the Rapidnet AUP

Wireless

PRODUCT SPECIFIC TERMS – WIRELESS

This document is concluded under the terms of the Agreement between Rapidnet and the Customer, and these terms and the Agreement shall be read as one agreement.

Capitalised terms not defined herein have the same meaning as defined in the Rapidnet Agreement.

Unless the Customer has entered into a reseller agreement with Rapidnet, resale of the Service is not permitted.

1. Products, services and standards

1.1. Service Equipment and Services

1.1.1. Rapidnet agrees to provide the Service Equipment and Services set out in the Service Order subject to the terms of this Agreement;

1.1.2. Rapidnet reserves the right to control, direct and establish technical procedures for the use of the Service Equipment and Services and the Customer agrees to follow the reasonable instructions and procedures of the provider with respect to the use thereof;

1.1.3. The Customer shall ensure at all times that its use of the Service Equipment and Services, including its connection of any apparatus to any network used to deliver the Services, is in accordance with all applicable telecommunications, data protection and other laws, licences and regulation; and

1.1.4. Rapidnet warrants that it has the necessary consents, licences or agreements required for the provision of the Services.

1.2. Performance Standards

1.2.1. The Service is a best-effort service, which means that Rapidnet does not provide any guarantees that data is delivered or that that the Customer will be provided a guaranteed quality of service level or a certain priority. In addition, all customers of the Service obtain best-effort service, meaning that they obtain unspecified variable bit rate and delivery time, depending on the current traffic load. Accordingly, advertised and contracted bandwidth speeds are maximum speeds that are not guaranteed.

1.2.2. Technical support should be requested only where the performance of the Service is consistently below the advertised maximum bandwidth speed divided by the advertised contention ratios. Web-based speed-tests are not reliable and will not be accepted by Rapidnet as conclusive proof of non-performance by Rapidnet. If a support call is logged with Rapidnet, Rapidnet shall use industry accepted tests in a controlled test environment to verify the performance of the Service.

1.2.3. Wi-Fi coverage is dependent on building structure and is not guaranteed to propagate to the entire dwelling. The Customer may add additional access points at the Customer’s own cost to extend the coverage area.

1.2.4. Rapidnet shall use commercially reasonable endeavours to remedy any failure to meet the service levels as prescribed in the End User Service and Subscriber Service Charter Regulations, 2016, provided that support for technical and billing issues must be logged telephonically, by email or in the online customer portal.

2. Costs and charges

2.1. Installation fees - cover the costs of labour and other expenses incurred in the installation of the Service and does not cover Service Equipment costs.

2.2. Other Charges - The Customer agrees to pay all charges for maintenance and other service activities, and to pay for loss or damages to the Service Equipment caused by:

2.2.1. use of the Service Equipment and Services for purposes other than those for which they were designed; and

2.2.2. failing to maintain a suitable operating environment;

Any loss or damage to the Service Equipment shall be charged at replacement value.

3. Modifications

3.1. The Customer agrees not to modify, alter, repair, attempt to repair, or in any way to tamper with the Service Equipment provided to the Customer without the express written consent of Rapidnet ("Modification").

3.2. In the event of such Modification, Rapidnet shall be completely released from any liability or obligation (including any warranty or indemnity obligation) for any costs or damages incurred by Rapidnet (including damage to Rapidnet network) caused by such Modification.

4. Site environment and facilities

4.1. The Customer shall be responsible for making available, at no cost to Rapidnet, accommodation, power, space, including mast space, ducting and other facilities for the purposes of installing and housing the Service Equipment required for the provision of the Services to the Customer.

4.2. The Customer will permit reasonable access to the Customer’s premises, during normal business hours, for the purpose of installation, inspection, maintenance, service, repair, replacement, relocation and removal of Service Equipment and for the purpose of performing any acts contemplated by this Agreement.

4.3. Rapidnet shall provide the following standard Service Equipment for a standard installation.

4.3.1. Router

4.3.2. Radio

4.3.3. Cable

4.3.4. Installation sundries

4.4. Any non-standard equipment shall be for the cost of the Customer. Customer will be advised of any non-standard requirements after a site survey has been conducted.

5. Warranties

5.1. Rapidnet warrants that all Service Equipment and Services provided will be in good working order on the day installed, and certified by Rapidnet ready for use, and that they will conform to Rapidnet's service specifications.

5.2. Thereafter, Rapidnet will make such adjustments, repairs, and parts replacement necessary to maintain the Service Equipment and Services in working order pursuant to Rapidnet's specifications.

5.3. The express warranties contained in this Agreement are in lieu of all other warranties, representations and guarantees of any kind by Rapidnet. Except as expressly set forth in this Agreement, all products, services and other materials (if any) are furnished by Rapidnet and accepted by the Customer "as is". All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Rapidnet.

5.4. Rapidnet does not warrant that Services or any other materials provided hereunder will meet the Customer's requirements or that they or their access or use will be uninterrupted, error free, or completely secure, except as expressly provided in this clause.

5.5. In all situations involving performance or non-performance of Service Equipment and Services furnished under this Agreement, the Customer's sole remedy is adjustment or repair of the Service Equipment and Services.

6. Moving Premises

6.1. To ensure minimum disruption to Service to the Customer, Customer must give Rapidnet at least 1 Month ( 1 ) months’ notice of its intention to move premises, together with full details of the new premises.

6.2. All requests for the Service at new premises shall be subject to a feasibility study.

6.3. If, after a feasibility study has been conducted it is evident that it is:

6.3.1. Feasible to deliver the same Service at the new premises, then Customer shall be liable to Rapidnet for payment of a relocation fee equal to the then current prices for standard or non-standard installations;

6.3.2. not feasible to provide a similar Service to the new premises, Rapidnet shall suggest an alternative service to be provided to the Customer as a replacement service and the Customer shall be obliged to procure from Rapidnet such replacement service as best meets the Customer’s technical requirements.

6.4. In the event that it is not possible to provide the Customer with the same or an alternative service at the new premises, it shall be regarded with as an early termination and the standard early termination fee will apply.

7. Acceptable Use Policy

Use of the Service shall at all times be subject to the Rapidnet AUP

Cancellation

This policy is hereby incorporated into and forms part of the agreement with the customer. The customer must read this policy together with all relevant terms and conditions.

Rapidnet Broadband (Pty) Ltd (“Rapidnet”) has no objection to exchanging or refunding goods where it is legally required to do so under the provisions of the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

Your Right to Return Goods on cancellation allowed by law

In terms of section 44 of ECTA the customer has the right to cancel any electronic transaction for the supply of goods within 7 (seven) days after the date of receipt of the goods and obtain a full refund for those goods within 30 (thirty) days of the date of cancellation.

Where the goods have already been shipped to the customer, the customer will be liable for the direct cost of returning the goods to Rapidnet (which costs include a handling fee of up to 25%). Please note that in order to obtain a full refund, subject to any set-off:

it is the customer’s responsibility to ensure that Rapidnet receives written notice of cancellation within 7 (seven) days of receipt of the goods;
the customer must cancel the transaction by submitting an application through the Rapidnet portal or by sending an email to sales@rapidnet.co.za
the customer will need to arrange the return of the goods to Rapidnet and will be liable for the cost of returning the goods to Rapidnet (which will be off-set against the refund due); and
the goods must be in the original packaging and must not have been used or damaged.

Please note that:

products will need to be inspected and tested by Rapidnet (and are subject to our in-house inspection) before a replacement / refund will be offered;
products damaged due to inappropriate use or wear and tear will not be covered under this returns policy. Further, no credit will be issued on product(s) found to be obsolete, returned damaged, re-machined products or where there is obvious evidence that the product(s) were tampered with or altered. In such case, the customer will be notified of Rapidnet’s findings;
if the return is being made because of a factory error or defective material, depending on the outcome of Rapidnet’s inspection, credit will be issued to cover the cost of the product(s) and the delivery charges;
if Rapidnet’s inspection and testing determines that the returned product(s) are not defective then a handling fee will be charged. Customers will be notified of this and asked how they want the product(s) couriered back to them in this instance. On the day the customer is notified, the customer will have 14 (fourteen) days to inform us how they want the product(s) returned to them. In the event the customer does not respond to Rapidnet within the 14 (fourteen) days, we will discard the product(s) and no credit will be issued.
If a refund has been authorised and processed, kindly allow up to 30 (thirty) days for the money to reflect in your bank account.

Cancellation charges

Rapidnet reserves the right to charge its cancellation / termination fee (where applicable) as provided for in the its relevant agreement with the customer.

Incorrect Product delivered

Please note that the onus is on the Customer to ensure that the product ordered is appropriate for its intended use and / or application.

If the incorrect product has been delivered by mistake (i.e. it is not the product ordered), please do not remove the product from its original packaging, open or use the product in any way.

Please promptly email store@rapidnet.co.za to notify Rapidnet so that we can resolve the mistake by arranging to collect the incorrect product and deliver the correct product, as quickly as possible.

Please note that under no circumstances can Rapidnet accept any responsibility or liability for late or delayed exchanges and / or returns.

Equipment Sales Terms and Conditions

PRODUCT SPECIFIC TERMS – ONCE-OFF HARDWARE SALES

This document is concluded under the terms of the Agreement between Rapidnet and the Customer, and these terms and the Agreement shall be read as one agreement.

Capitalised terms not defined herein have the same meaning as defined in Rapidnet Agreement.

1. Introduction

1.1. Rapidnet is a Rapidnet of various products and/or equipment which it sources from Principal Rapidnets;

1.2. The Customer is a purchaser of the Goods supplied by Rapidnet;

1.3. These terms and conditions will apply to every order for Goods placed by the Customer with Rapidnet;

1.4. Rapidnet may, at its sole discretion, change or amend any of these terms and conditions without notification and it is the Customer’s / user’s responsibility to ensure that he / she or it is satisfied with the terms and any amendments that may have been affected;

2. Interpretation

2.1. The headings to the clauses are for reference purposes only and shall not be used in the interpretation thereof;

2.2. Words which signify or denote:

2.3. any gender shall import and include the other genders;

2.4. the singular shall import and include the plural and vice versa;

2.5. Unless otherwise indicated, words to which a meaning is ascribed in the body of this Agreement shall bear that meaning wherever such words appear thereafter;

2.6. For its interpretation the laws of the Republic of South Africa shall apply;

2.7. The rule of construction that an Agreement shall be interpreted against the Party responsible for its drafting or preparation shall not apply.

3. Definitions & Interpretation

Wherever the following words or phrases appear in these terms and conditions they shall have the meanings ascribed to them below:

3.1. “Agreement” shall mean, as between Rapidnet and the Customer, this terms and conditions (as amended from time to time) read together with each relevant Online Order Form and any annexures / schedules attached hereto;

3.2. “Customer” shall mean the person or entity as described in the Online Order Form;

3.3. “Goods” shall mean any equipment/stock/goods/hardware purchased by the Customer from Rapidnet from time to time;

3.4. “Online Order Form” shall mean the order form populated by the Customer on Rapidnet’s website for the request to provide Goods;

3.5. “Principal Rapidnets” shall mean Rapidnet(s) or manufacturer(s) from whom Rapidnet purchases Goods from time to time in terms of Rapidnet’s agreement with the Principal Rapidnet;

3.6. “the parties” shall mean Rapidnet and the Customer and “party” shall mean either one of them as the context may require.

4. Pricing and Payment

In respect of all orders, unless the contrary is stated, the following price and payment terms will apply:

4.1. Prices contained on the website are inclusive of value added tax (VAT);

4.2. Prices advertised on the website shall exclude delivery charges unless otherwise specified. Delivery charges shall be added as a separate line item charged to the Customer upon checkout;

4.3. In addition to any amount payable to Rapidnet, the Customer shall further be obliged to pay any other additional costs in respect of an order of any nature whatsoever incurred as a result of any delay caused by the Customer or due to factors beyond the control of Rapidnet or any expenses due to instructions given, or a failure to give instructions by the Customer.

4.4. Payment by the Customer to Rapidnet shall be made:

4.4.1. via Payfast, Mobicred, RCS Card; or

4.4.2. via credit card, debit card or instant electronic fund transfer;

4.5. Rapidnet reserves the right to update payment methods as it deems fit.

5. Delivery and Inspection of Goods

5.1. No orders shall be dispatched until payment has cleared in Rapidnet’s account;

5.2. Rapidnet shall use its best endeavours to make delivery as near as possible as to the time frames indicated on the website;

5.3. Delivery of the goods shall be deemed to have been effected upon handing over of the goods to the Customer or the Customer’s agent;

5.4. It shall be the Customer’s responsibility to properly inspect the delivered Goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the delivery note when signing for the Goods;

5.5. Rapidnet shall keep the Customer informed of any delays in delivery. Late delivery does not entitle the Customer to resile from the Agreement, to withhold or defer any payment, to a reduction in price, nor to any other remedy against Rapidnet on account of delays in effecting delivery;

5.6. Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers on any terms Rapidnet sees fit. Delivery shall be made strictly on a ‘door-to-door’ basis. Delivery shall not include installation of products, removing products from packaging, clearing areas, re-arranging furniture or any other special service required by the Customer. Should the delivery service provider or any of its employees agree to any of these or other services other than delivering the Goods, it shall be strictly at the risk of the Customer and Rapidnet does not take any responsibility for any damages, losses or other claim resulting from these additional services;

5.7. The Customer shall be obliged to inspect all Goods upon delivery thereof and shall endorse the delivery note as to any missing or damaged Goods. Any signature on the delivery note by the Customer or the person taking delivery on behalf of the Customer shall be deemed to confirm complete delivery;

5.8. Any discrepancies, damages or shortages on any delivery must be reported to Rapidnet within 7 (seven) days from time of delivery by submitting claim to store@rapidnet.co.za furnishing full details in regard thereto. If the report was successfully submitted and received by Rapidnet, a ticket shall be logged and a reference shall be sent to the Customer which shall serve as proof of submission;

5.9. No claims for missing or damaged Goods shall be valid unless the delivery note has been endorsed by the Customer as stated in 5.7 above and/or the Customer has reported same within the timeframe in terms of 5.8 above.

5.10. The Customer shall be obliged to furnish the correct information necessary to enable delivery of the relevant Goods to be effected and if the Customer fails or refuses to do so, or if it fails or refuses to take delivery, the Goods shall be deemed to have been delivered to the Customer upon notification;

5.11. If Rapidnet is unable or is requested not to deliver the Goods to the Customer due to any act or omission on the part of the Customer, it shall be entitled to charge the Customer for the storage of the Goods. Rapidnet reserves the right to charge the Customer for any additional delivery costs or charges where applicable.

6. Ownership and Risk of Goods

6.1. Ownership of the Goods purchased shall pass to the Customer upon full payment of the purchase price;

6.2. The risk of damage to, or destruction of, any relevant Goods passes to the Customer on delivery thereof to the Customer or the Customer’s agent, at the delivery destination.

7. Handling fee

7.1. If the Customer requests Rapidnet to return Goods in terms of any manufacturer’s warranty, or if the Customer returns Goods to Rapidnet for any other reason whatsoever, Rapidnet reserves the right to levy a handling fee of 15% (fifteen percent) of the purchase price of such goods returned to the manufacturer or returned to Rapidnet by the Customer. Rapidnet is not obliged to accept the return of any Goods and shall render assistance in this regard as an additional separate and discretionary service for the Customer.

8. Warranties and Guarantees

8.1. The Customer agrees that it was not induced into entering this Agreement on the strength of any warranties, guarantees or representations by Rapidnet, whether expressly or tacitly;

8.2. Rapidnet does not provide any warranty and/or guarantee to the Customer in respect to the Goods and/or Services on any kind whatsoever;

8.3. Insofar as the Principal Rapidnet may give any warranty and/or guarantee in respect of the Goods, it is the responsibility of the Customer to acquaint itself with such warranty/guarantee and the manner to perfect such warranty and/or guarantee.

8.4. In the event of the Goods becoming defective during the warranty period (if applicable), Rapidnet shall use its best endeavours to obtain replacement stock from the Principal Rapidnet.

9. Repairs and Returns

9.1. To the extent that the Goods supplied by Rapidnet are in any way defective, the Customer shall be entitled, within the warranty period applicable to such Goods and at the sole discretion of Rapidnet, to either a repair or replacement of such defective Goods;

9.2. Clause 9.1 shall at all times be subject to the following:

9.2.1. The Customer notifying Rapidnet within 7 days of such defect arising, which notice must be in writing, and must clearly specify the alleged defect, and be supported by the original tax invoice;

9.2.2. The Goods must be returned by the Customer to Rapidnet, at the Customers expense, packaged in its original packing material;

9.2.3. The Goods being returned must still be covered by a valid manufacturer warranty and/or guarantee at the time of return, as confirmed by Rapidnet; and

9.3. The Customer shall be liable for any / all relevant shipping costs together with VAT thereon.

9.4. Rapidnet shall be relieved of all obligations in terms of clause 9.1 should:

9.4.1. Repairs be made to the Goods by any unauthorised third party;

9.4.2. Any alterations / modifications be made to the Goods;

9.4.3. The Goods have been used or operated with any accessory, equipment, or part not specifically supplied and/or approved by the Principal Rapidnet and/or Rapidnet in writing;

9.4.4. The Goods have not been operated or maintained in accordance with the Principal Rapidnets and/or Rapidnets instructions or under normal use or have been incorrectly installed; or

9.4.5. The Goods have been used contrary to the terms of the applicable manufacturer warranty and/or guarantee.

9.5. No refunds shall be processed by Rapidnet for any Goods once the 7-day timeframe has expired after delivery.

Shipping Policy

Overview

All online orders placed through the Rapidnet Broadband (Pty) Ltd (“Rapidnet”) website are fulfilled and delivered by Rapidnet. This Delivery and Shipping Policy outlines the process, costs, and conditions applicable to your Rapidnet purchases, aligning and to be read with all relevant terms and conditions.

Delivery areas and options

Service Area: Delivery is available only within the borders of the Republic of South Africa. Orders cannot be shipped outside the country.

Courier Service: Deliveries are handled by a third-party courier service contracted by Rapidnet. The specific courier may vary depending on operational requirements.

Delivery Timeframes: Orders are typically processed and dispatched within ___ (____) business days from the date of purchase, subject to stock availability and payment confirmation. Once dispatched, delivery generally takes __ (_____) business days, depending on your location within South Africa. Extended lead times may apply for areas outside main metropolitan regions. These timeframes are estimates and may be affected by high-volume periods (e.g., Easter Weekend), public holidays, or unforeseen circumstances (e.g., courier delays or weather events).

Shipping costs

Standard Delivery Fees: A flat delivery fee of R_____ is charged for orders.

Additional Fees: Rapidnet reserves the right to charge an extra delivery fee if required (e.g. for redelivery attempts following a failed delivery). This will be communicated to the customer if and when needed.

Price Adjustments: Rapidnet reserves its rights to adjust its pricing due to third party, supplier and/or market fluctuations forthwith upon written notice to the customer.

Order processing and tracking

Processing: Orders are processed once payment has been successfully verified. You will receive an order confirmation email with your Rapidnet order reference number upon completion of your purchase.

Tracking: Upon dispatch, you will receive a tracking number (waybill number) via email or SMS, allowing you to monitor your delivery progress through the courier’s tracking system. If you do not receive this, contact support@rapidnet.co.za with your order reference number.

Delivery conditions

Successful Delivery: Deliveries occur Monday to Friday between 08:00 and 17:00, excluding weekends and public holidays. A signature and/or proof of identification may be required upon receipt. It is your responsibility to ensure someone is available to accept the parcel or to provide a secure delivery location. If no one is available, the courier may attempt redelivery or leave a notification for you to reschedule or collect from a designated point.

Failed Delivery: Once an order is confirmed, the customer may not change the delivery address. If delivery cannot be completed after reasonable attempts, the order may be returned to Rapidnet. The customer will be notified and an additional fee (minimum R______, depending on location) may apply for redelivery.

Risk of Loss: Ownership in and risk of loss transfers to the customer once the order is delivered to the address provided or collected from a designated point.

Issues with delivery

Incorrect or Damaged Items: If your order is delivered with missing, incorrect, or damaged items, notify us within 48 hours of receipt emailing support@rapidnet.co.za including your order reference number and details of the issue. Return / courier costs of damaged items shall at all times be for the customer’s account. Rapidnet may request photographic evidence or the return of the item (in its original packaging) to process a replacement or refund, subject to Rapidnet’s Cancellations and Returns Policy.

Non-Delivery: If customer’s order does not arrive within the estimated timeframe, contact support@rapidnet.co.za with the order reference number for assistance.

Limitations of liability

Rapidnet shall not be liable for delays, non-delivery, or damage caused by factors beyond our reasonable control, including courier errors, incorrect address details provided by you, or force majeure events (e.g., strikes, natural disasters).

Rapidnet’s liability for failing to deliver timeously is limited to arranging delivery at a later agreed time at no additional charge, except where additional fees apply (e.g., redelivery).

Delivery dates and times are estimates only and do not constitute a guaranteed service level.

Contact information

For shipping and delivery inquiries related to Rapidnet orders, contact us at:

Email: store@rapidnet.co.za
Phone: 010 822 1060 (Monday to Friday, 08:00–17:00)

Additional notes

This policy is subject to change without prior notice. Please review it regularly at Rapidnet’s website for updates. By placing an order with Rapidnet, you agree to abide by this Delivery and Shipping Policy.

Our Policies

Legal

Privacy Policy

PRIVACY POLICY – RAPIDNET BROADBAND (PTY) LTD

1. This Privacy Policy

2. Information We Collect

2.1. Data You Provide to Us

2.2. Data From Your Organisation

2.3. Data From Other Sources

2.4. Data From Service Use, Including Cookies

3. How We Use Your information

4. Sharing of Your Information

4.1. Your Organisation

4.2. Our Service Providers

4.3. For Legal Reasons

5. Grounds for Processing

6. Data Retention

7. Locations of Processing

8. Data Security

9. Your Communications Preferences

10. Accessing and Updating Your Information

10.1. Your Account

10.2. Your Rights

11. Changes

Acceptable Use Policy

Laws and Regulations

The Network

System and Network Security

Email Use

Complaints

Terms of Use

RAPIDNET – RAPIDNET BROADBAND - WEBSITE TERMS OF USE

1. Website terms and conditions of use

2. Content of the website

3. Linked third party websites and third-party content

4. Usage restrictions

5. Security

6. Intellectual property rights

7. Risk, limitation of liability and indemnity

8. Rapidnet Privacy Policy

9. Cookies

9.3. The types of cookies we use

9.5. Consent

10. Confidentiality

11. Compliance with section 43(1) of ECT Act

12. General clauses

Terms and Conditions

RAPIDNET – STANDARD TERMS AND CONDITIONS

1. Interpretation

2. Definitions

3. Conflicting terms

4. Products, services and standards

4.1. Equipment and Services

4.2. Performance Standards

5. Costs and charges

5.1. General

6. Risk, Title and ownership

7. Modifications

8. Site environment and facilities

9. Warranties

10. Limitation of liability

11. Term and termination and suspension

12. Data privacy and protection

13. Force majeure

14. Dispute resolution

15. Waiver

16. Confidentiality

17. Severance

18. Entire agreement

19. Assignment

20. Notices

21. Consent

22. Rapidnet Portal

23. Moving Premises

24. Governing law and jurisdiction

25. Acceptable - and Fair Use Policies

26. Privacy Policy

PAIA

RAPIDNET BROADBAND (PTY) LTDPROMOTION OF ACCESS TO INFORMATION ACTSECTION 51 MANUAL

Introduction

RAPIDNET BROADBAND (PTY) LTD
PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL