Terms and Conditions

1. Acceptance of Order

1. Notwithstanding anything to the contrary in any application form or other similar document completed or supplied by the customer, an agreement will only come into being between Cloud Group and a customer when Cloud Group’s official application form has been signed by the customer concerned and has been accepted by Cloud Group.
2. The provision by Cloud Group of any or all of the services applied for by the customer shall be deemed to be acceptance by Cloud Group of a customer’s application on the terms and conditions set out in this agreement, notwithstanding anything to the contrary in any such application form or other similar document.
3. Upon acceptance by Cloud Group of a second or any further application form completed and supplied by an existing customer in respect of further or additional services to be rendered by Cloud Group to such customer, the relevant provisions of this agreement pertaining to such further or additional services shall automatically apply in respect of the provision by Cloud Group thereof.

2. Provision of the Service

1. Commencing on the date that the customer is connected to the required Cloud Group service (“the commencement date”) and for the duration of this agreement thereafter, Cloud Group shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
2. The customer shall solely be responsible for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the customer to obtain and retain access to the required service(s).

3. Payment

1. The customer shall pay to Cloud Group all applicable charges, tariffs, fees and other amounts (“charges”) as may be set out in Cloud Group’s Schedule of Charges, as published and amended by Cloud Group from time to time in its sole and absolute discretion (“the Schedule”), in respect of the provision of the services to the customer in terms of this agreement.
2. All access charges that entitle the customer to receive the services subscribed for shall be payable in the manner set out in the official application form completed by the customer in respect of the relevant service and where such charge is indicated as a monthly charge, the amount thereof shall be payable monthly in advance; a once off charge, payable in full in advance and non-refundable even if this agreement is terminated prior; or an annual charge, payable annually in full in advance and non-refundable even if this agreement is terminated prior to such year.
3. All payments due to Cloud Group shall be effected in the manner specified in the application form or, at Cloud Group’s request, by way of a debit order drawn on a registered bank; a cheque drawn on a cheque account operated by a registered bank; or in cash, free of the cost of transfer of funds and without any deduction or set-off.
4. Any payment due to Cloud Group not made on the due date thereof shall bear interest at a rate of 2% above the prime rate as quoted by Cloud Group’s bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrear.
5. Notwithstanding anything to the contrary contained herein, Cloud Group shall be entitled to start charging a customer as from the day of commencement of the service, irrespective of whether the customer is able to utilise the service at such time or not.
6. The customer shall, on demand, pay to Cloud Group all costs and expenses incurred by Cloud Group in or about the enforcement of the terms of this agreement.

4. Installation and Connection

1. The customer acknowledges that any installation date or completion date furnished by Cloud Group is provisional only and, should installation or completion not be effected by such provisional date, Cloud Group shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement.

5. Liability

1. This clause 5 specifies the entire liability of Cloud Group, including liability for negligence and, in particular (but without limitation) all other statutory, express, implied or collateral terms, conditions or warranties are excluded.
2. Cloud Group shall under no circumstances whatsoever be under any liability whatsoever (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
3. Any product or service provided hereunder is provided on an “as-is” basis and Cloud Group makes no express or implied warranties or representations of whatsoever nature with respect to any such product or service.
4. The customer indemnifies Cloud Group against any damage, cost or liability (excluding liability for Cloud Group’s own wilful misconduct) arising from the provision of services or products to the customer, its employees, directors, agents and representatives; against any damage, cost or liability arising from a breach of Cloud Group’s security measures, misuse of its facilities or services, or any act or omission of any other customer; from any third-party claim arising directly or indirectly from the customer’s access to or use of the services or products, or any information obtained through such access or use; and, together with its holding company, affiliates and subsidiaries, for any loss where the customer’s use of the service or products constitutes a violation of any law, regulation or tariff, is defamatory, fraudulent or deceptive, is intended to threaten, harass or intimidate, or interferes with the use or enjoyment of other customers. Under no circumstances whatsoever will Cloud Group’s liability, if any and whether in contract or otherwise, exceed the aggregate of the amount actually paid by the customer to Cloud Group.

6. Use Limitations

The customer acknowledges and agrees that:

1. he is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
2. he shall make use of the services in a responsible, prudent, lawful and honest manner;
3. he shall comply with any directions, instructions and limitations issued or notified by Cloud Group from time to time in connection with the services;
4. he shall not use any service in a manner which violates any law, regulation or tariff in force in South Africa or elsewhere; constitutes an act generally unacceptable or offensive to internet users or the public, including hosting pornographic material, spamming, hacking or unsolicited mailing; is defamatory, fraudulent or deceptive; is intended to threaten, harass, nuke or intimidate; damages the name or reputation of Cloud Group, its holding company, affiliates or subsidiaries; or interferes with the use and enjoyment of internet related services of other customers;
5. the services rendered shall be as defined and subject to such limitations as may be notified from time to time by Cloud Group;
6. he is aware of the limitations of all relevant services and that service quality and coverage shall be limited to that supported by the infrastructure of Cloud Group, its network providers and Telkom SA Limited (“Telkom”), and may from time to time be adversely affected by a number of different causes;
7. he shall not hold Cloud Group, its employees, directors, agents or representatives liable for any non-availability of service or for any other reason, save as specifically set out in clause 5;
8. he shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of Cloud Group’s network infrastructure or that made available to the customer, and shall rectify any such effect at his own cost on notice from Cloud Group, failing which Cloud Group may suspend the service and terminate this agreement;
9. unless otherwise agreed by Cloud Group in writing, he shall not resell or make available to third parties, directly or indirectly, the services provided to him by Cloud Group; and
10. he shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by Cloud Group and shall not disclose same to any third party without Cloud Group’s prior written consent.

7. Suspension of Service

1. Cloud Group may from time to time and without notice suspend the services during any technical failure, modification or maintenance of the service or equipment; or if the customer fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach is remedied, or does or allows to be done anything which, in Cloud Group’s reasonable opinion, may negatively affect the operation of the Cloud Group network or the provision of services to the customer or any other customer.
2. Notwithstanding any suspension of service, the customer shall remain liable for all charges due throughout the period of suspension unless Cloud Group, in its sole discretion, determines otherwise.

8. Termination

1. Notwithstanding anything to the contrary contained in this agreement, Cloud Group shall at any time be entitled to terminate this agreement on not less than 24 hours’ notice to the customer.
2. Without prejudice to any other rights or remedies Cloud Group may have, Cloud Group shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this or any other agreement between Cloud Group and the customer.
3. Upon termination of this agreement Cloud Group shall disconnect the customer from the networks of Cloud Group and all its network providers.
4. After disconnection, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection fee charged by Cloud Group.

9. Excusable Events

Cloud Group shall not be liable to the customer for any breach of this agreement or failure to perform any obligation as a result of technical problems relating to the networks of Cloud Group, Telkom or any network provider, acts of God, government control, restrictions or prohibitions, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind, or any other similar or dissimilar cause beyond Cloud Group’s control.

10. Variation of Charges and Terms

1. Cloud Group reserves the right to vary any or all of its charges by publishing an amended Schedule, with immediate effect unless otherwise stipulated; to introduce additional charges by publishing an amended Schedule, with immediate effect unless otherwise stipulated; to vary the terms and conditions of this agreement in its sole discretion, taking reasonable steps to notify the customer by making details generally available; and to alter any name, code or number allocated by Cloud Group, with the customer indemnifying Cloud Group against any resulting cost, loss or liability.
2. The customer acknowledges that all variations shall be reflected in the terms and conditions published on the Cloud Group website, and that by accessing or connecting to the Cloud Group system, he binds himself to the terms and conditions in force at that time.
3. The customer shall be entitled to terminate this agreement by giving written notice to Cloud Group within 10 days after any such variation comes into effect.

11. Cancellation and Variation in Service

1. The customer may cancel a particular service after the initial minimum period by giving one calendar month’s notice of the service that requires cancellation. Cancellation notice must be emailed by one of the customer’s directors to Cloud Group.

12. General

1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations under this agreement to any third party.
2. The terms and conditions set out herein, read together with the official application form completed by the customer, constitute the entire agreement between Cloud Group and the customer and supersede all prior representations, amendments and communications relating to the subject matter hereof.
3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in his order form.
4. All notices under this agreement shall be in writing.
5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
6. The clause headings in this agreement are for convenience only and shall not be taken into account in interpretation. Words importing a gender include the other genders, the singular includes the plural and vice versa, and references to natural persons include legal persons and vice versa.

1. Service Disruption

1. The connectivity services rendered by Cloud Group consist of a dial-up service, an analogue leased line service, a digital leased line service, a dial-up mail gateway service, and such further connectivity services as Cloud Group may from time to time introduce, as indicated in the application form completed by the customer and accepted by Cloud Group.
2. Cloud Group shall be entitled to immediately suspend the provision of all relevant services if any charge is not paid on due date, and to keep such service(s) suspended until all arrears have been paid in full.
3. Cloud Group shall not be responsible or liable for any unforeseen costs arising from the use of any service, or any cost incurred as a result of an interruption for any reason, nor for any cost, loss or damage arising from termination or interruption thereof.
4. Cloud Group shall not be responsible for the preservation of any data or information, the integrity or correctness of any data received or retrieved, or the security or confidentiality of any network, information transmitted, or preservation of privacy of such transmissions.
5. The use of any service shall be limited to the customer, and no other person or entity shall be entitled to use any service or gain access to the Cloud Group system or the internet through the customer’s connection without Cloud Group’s prior written consent.

2. Dial-Up Service

1. Subscription to this service entitles the customer to reasonable efforts by Cloud Group to provide unlimited interactive dial-up access to the internet, one electronic mail box, telephonic support during business hours Monday to Friday, and the ability to dial in and obtain access to any of Cloud Group’s Points of Presence (“POPs”) as established from time to time.
2. The customer shall, at his own cost, provide and maintain all computer hardware, telecommunication equipment, modems and other equipment necessary to connect to the nearest Cloud Group POP.
3. The customer shall be entitled to terminate the dial-up connectivity service on not less than one month’s written notice to Cloud Group.

3. Analog Leased Line Service

1. Subscription entitles the customer to lease from Telkom one analogue line, assistance configuring the leased line modem, one IP address, and Cloud Group configuring routing to connect the customer to the nearest POP.
2. The customer appoints Cloud Group as duly authorised agent to make arrangements and conclude agreements with Telkom, on Telkom’s standard terms, for the lease of the analogue line.
3. The customer is responsible for and indemnifies Cloud Group against all costs payable to Telkom, including line, termination and junction charges.
4. Cloud Group makes no representation or warranty with regard to the leased lines, these being provided by Telkom under a separate agreement.
5. The customer acknowledges that the analogue leased line is slow compared to other connection types and cannot usually support simultaneous use by two or more computers, and that Telkom’s standard service offering is for normal office hours only, with after-hours calls charged to the customer’s account.
6. The customer may terminate this service on not less than three calendar months’ written notice, provided such notice may not take effect prior to the first anniversary of the commencement date.

4. Digital Leased Line / Fixed Connection Service

1. Subscription entitles the customer to lease one digital line or fixed connection, assistance configuring the leased line router, IP addresses as supplied by Cloud Group’s network access provider, and Cloud Group configuring routing to the nearest POP.
2. The customer appoints Cloud Group as duly authorised agent to conclude agreements with Telkom for the lease of the digital line.
3. The customer is responsible for and indemnifies Cloud Group against all costs payable to Telkom, including line and termination charges.
4. Cloud Group makes no representation or warranty with regard to the leased lines, these being provided by Telkom under a separate agreement.
5. The customer acknowledges Telkom’s after-hours call charges apply to the customer’s account.
6. The customer may terminate this service on not less than three calendar months’ written notice, not taking effect prior to the first anniversary of the commencement date.
7. The customer is entitled to the following internet traffic types as part of a standard digital leased line contract: DNS (UDP 53), HTTP (80), HTTPS (443), FTP (21), SMTP (25), POP3 (110), IMAP (143). Further traffic types require a specialised quote from the sales department.

5. Dial-Up Internet Browsing Access and Mail Gateway Service

1. Subscription entitles the customer to installation of one licensed copy of Cloud Group’s mail bridge software (remaining Cloud Group’s licensed property), configuration of TCP/IP protocol and e-mail client software on relevant workstations, configuration of the required routing on the mail server, one domain registration on the .co.za domain for the duration of the service, a dial-up facility to enable mail transfer, configuration of an “ishare” device for DHCP, and installation of Internet Explorer 4.
2. Cloud Group shall not be obliged to install any operating systems, other software or hardware for the customer, and assumes no responsibility for existing data on the customer’s equipment, nor is it obliged to back up such data before commencing work.
3. The customer shall not use the dial-up facility for any purpose other than to enable mail transfer.
4. The customer may terminate this service on not less than three calendar months’ written notice, not taking effect prior to the first anniversary of the commencement date.

1. Web Hosting

Ownership and Intellectual Property

1. The content of the website is and shall at all times remain the intellectual property of the client and shall be owned by the client. Cloud Group acknowledges and abides by the confidentiality and ownership of same.
2. In using the content supplied by the client to create the website, Cloud Group creates source code which includes proprietary modules or “building blocks” belonging to Cloud Group and/or third parties that automate low-level functions. These modules are in a compiled format that cannot be modified; the source code remains Cloud Group’s property, and any copy provided to the client will be in a format that prevents modification.
3. Should the client wish to transfer the site from Cloud Group’s servers, Cloud Group will make available a copy of the software used to run the website, functioning in a similar computer environment; the new host must ensure the availability of any necessary third-party modules.

Hosting Service Description

1. The hosting services rendered by Cloud Group consist of a DNS hosting service, a web-hosting service, an e-mail hosting service, and such further hosting services as Cloud Group may introduce, as indicated in the customer’s accepted application form.
2. Cloud Group shall be entitled to immediately suspend services if a charge is not paid on due date, keeping such service suspended until arrears are paid in full.
3. Cloud Group shall not be responsible for unforeseen costs, loss or damage arising from termination or interruption of service; the preservation, integrity or correctness of data; the security or confidentiality of any network or information transmitted; or any content hosted by the customer, which Cloud Group does not verify or endorse.
4. The use of any service is limited to the customer, and no other person may use the service or gain access to the Cloud Group system without prior written consent.
5. The customer shall comply with Cloud Group’s Acceptable Use Policy as published or amended from time to time; not misuse computing resources, including unauthorised access to computers or data, using data for unintended purposes, sending fraudulent mail or breaking into mailboxes, violating software licences or intellectual property rights, harassing other users, exploiting third parties to gain unauthorised access, or reading others’ data without authorisation; and indemnifies Cloud Group against any loss arising from content hosted on the customer’s behalf or from a breach of these terms.

2. DNS Hosting

1. Subscription entitles the customer to Cloud Group applying to InterNic or the relevant authority for registration of the customer’s chosen domain name, the customer’s DNS hosted on Cloud Group’s server, and telephonic access to Cloud Group’s help desk during business hours Monday to Friday.
2. The suspension and payment provisions applicable to hosting services apply equally here.
3. The customer acknowledges that domain applications are subject to InterNic approval, with Cloud Group accepting no responsibility for acceptance or refusal; that Cloud Group does not screen for trade mark or intellectual property infringements and is indemnified against any related claim; and that Cloud Group assumes no liability if access to the customer’s DNS, URL or website is terminated or suspended by the registration authority for any reason.
4. The customer appoints Cloud Group as duly authorised agent to conclude agreements with InterNic or other relevant registration authority for registration of the customer’s chosen domain name.

3. Email Hosting

1. Subscription entitles the customer to the number of mailboxes indicated in the application form, hosted on Cloud Group’s mail server; access to the necessary service software; one e-mail address and up to two aliases if specifically requested in writing; reasonable assistance with creation and maintenance of the mailbox; and telephonic access to Cloud Group’s help desk during business hours Monday to Friday.
2. The suspension and payment provisions applicable to hosting services apply equally here.

1. Support Service Description

1. Cloud Group shall, when specifically requested in writing, render consultation and support services pertaining to the identification and, if possible, solution of problems encountered by the customer in the services rendered or with internet related services in general, subject to payment of all applicable hourly tariffs, distance charges and other fees set out in the Schedule.
2. Cloud Group shall, as part of such service, identify the customer’s problem, but gives no warranty or guarantee that it will be able to rectify any problem identified.
3. The customer shall supply all software, hardware and documentation required to identify and solve any problem, failing which Cloud Group may be unable to assist further while the customer remains liable for applicable amounts; render all necessary assistance to identify, locate and solve any problem; and ensure the safety of Cloud Group’s agents, representatives and employees present at the customer’s premises, assuming responsibility for any injury or death arising from their presence there.
4. Cloud Group accepts no responsibility for existing data on the customer’s equipment and is not required to back up data before commencing work. The customer indemnifies Cloud Group against any loss or damage arising from loss of such data.
5. Consultation time charged commences when the relevant Cloud Group agent leaves the Cloud Group office and ends on return to the office. The customer will be charged if the consultant is unable to obtain access to the customer’s premises or equipment for any reason.