Terms & Conditions

Use of Site and Client Portal

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. All domains, hosting-, and ADSL accounts hosted our service are subject to our terms and conditions, irrespective of how the said services came to live on our servers.

Disclaimer of Warranty

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

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

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

Additional disclaimer clauses apply, and can be viewed at https://www.resolvetech.co.za/disclaimer.php. Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

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

Third Party Links

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

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our support number during normal office hours is 012 111 0660 or 079 8448 700. We do offer limited after hours support services, but it will be offered at our discretion.

Service Levels

ADSL is provided as a best-effort service and uptime cannot be guaranteed. During any technical failure, modification or maintenance of the service provided, Resolve Technology Solutions will use its reasonable endeavours to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of Resolve Technology Solutions.

ADSL Accounts

We offer two types of ADSL/Fibre accounts, namely Monthly and Prepaid services.

Services currently under the Monthly Billed Accounts:

Capped ADSL/Fibre
Uncapped ADSL/Fibre
ADSL Lines
All Hosting services

Services currently under the Prepaid Billed Accounts:

ADSL/Fibre Prepaid
Hotspot Prepaid
ADSL Vouchers

Monthly services are billed on a continuous basis from the date of sign up, monthly billing is from the 1st to the last day of every month. Should you not wish to continue with a monthly billed service you are required to complete the cancellation via the Customer Control Panel before the last day of the month, alternatively an email may be sent to accounts@resolvetech.co.za from the email address provided when the sign up was completed requesting the cancellation before the last day of the month. Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month. Note that 1 (one) calendar month notice is required to cancel any ADSL/Fibre service.

Prepaid services are a once off purchase and are valid for a period of 36 months (3 years), you are able to top up the prepaid service with additional bandwidth of the same service type at any time, with each top up the validity of the prepaid service will be extended with an additional 36 months (3 years).

Uncapped Accounts

The Acceptable Use Policy for the Basic Uncapped, Capped and Business Uncapped can be found at http://www.resolvetech.co.za/aup.php. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

All uncapped accounts are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Bundled Accounts

Bundle Pricing
Bundle
pricing applies to one data service and one ADSL line tied together in a
bundle. The process of transferring/activating the ADSL line takes place at the
time of the order and cannot be ordered for a future date. Once a service is
bundled the ADSL account will be locked down to the ADSL Line, the account
cannot be used on a different ADSL Line.

Line Transfer Bundle
On initial sign up a discounted amount will be billed for the data portion of the
bundle and there will be no charge for the transfer of the ADSL line if it take
place in the current month. A discounted amount will be billed on transfer of
the ADSL Line at any time other than the current month. The full bundle price
will be billed on the 1st of the following month.

New Line Bundle
A discounted amount will be billed for the data and ADSL Line once the ADSL Line
is activated by Telkom. The service on the bundle will be activated once
payment is received for the amount billed. The full bundle price will be billed
on the 1st of the following month.

Permanent Upgrade/Downgrade of Bundle
In order to upgrade/downgrade your existing bundle you will need to first unbundle
the services. Once the services have been unbundled the changes can be made and
the services can then be bundled again. The new bundle price will be billed on
the 1st of the following month.

Cancellations
In order to cancel one or both services within a bundle it is necessary to first
unbundle the service. Once the services have been unbundled the desired changes
can be made.

Un-Bundling
When services are unbundled they will be billed at the stand alone price per service.

Bundling Existing Services
When services are bundled the bundled price will apply from the 1st of the following month.

* Bundle pricing excludes already discounted services and special offers

* Bundle pricing applies to selected products only

Hosting

The Resolve Technology Solutions Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

Resolve Technology Solutions has not and does not conduct pre-registration searches in respect of the customer’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar.

The use or registration of the Domain Name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.

Resolve Technology Solutions cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that Resolve Technology Solutions may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance Resolve Technology Solutions shall be allowed to provide a complainant with customer ‘s name and address and all further communication will exclude Resolve Technology Solutions and Resolve Technology Solutions will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by Resolve Technology Solutions until a court or other body with jurisdiction directs otherwise.

Resolve Technology Solutions will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer’s selected domain names/s OR ANY ACTION TAKEN BY RESOLVE TECHNOLOGY SOLUTIONS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Customer hereby indemnifies and holds harmless Resolve Technology Solutions against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer’s use and registration of its selected Domain Name, even if Resolve technology Solutions has been advised of the possibility of such damages;

Resolve Technology Solutions will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither Resolve Technology Solutions, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Resolve Technology Solutions’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Resolve Technology Solutions Server service, unless otherwise expressly stated in this Agreement.

Resolve Technology Solutions expressly limits its damages to the Customer for any non-accessibility time or other down time during the system unavailability. Resolve Technology Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Resolve Technology Solutions is not responsible if an external company network and firewall is setup to block access to services Resolve Technology Solutions provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Resolve Technology Solutions provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.

Refunds Policy

Refunds will not be granted for accounts purchased in error. Should it be proven that an account is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into a Resolve Technology Solutions banking account erroneously will also have a 15% fee levied to cover our bank charges. Refunds are processed after the second week of the month.

Cancellations Policy

The cancellation of a product is your responsibility. The client has to ensure that all cancellation requests has been received in due course by our accounts department. Cancellations may be actioned from your control panel, or in writing. Written cancellations will only be accepted from the primary domain/hosting contact, and is subject to a calendar months’ notice. We cannot be held responsible if written cancellations do not reach us in time. In certain instances, earlier cancellations may be granted at Resolve Technology Solutions’s discression, and only when all invoices are settled in full. We reserve the right deny domain transfer requests if any monies are outstanding, including linked accounts.

Telkom ADSL Lines

By supplying your bank account/credit card details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/We hereby authorise Resolve Technology Solutions (PTY) LTD to apply for a new/transfer of my/our ADSL Line from Telkom SA Ltd.

In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the customer, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the customer’s account will be credited accordingly. Resolve Technology Solutions (PTY) LTD will on behalf of our customer as far as possible deal with Telkom SA Limited on the customer’s behalf. Any credit due to the customer by Telkom SA Limited after the transfer of their ADSL Line to Resolve Technology Solutions PTY LTD remains the responsibility of Telkom SA Limited and the customer will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by Resolve Technology Solutions PTY LTD. Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately. ADSL lines cannot be transferred between Service Providers, an ADSL Line can only be transferred to Resolve Technology Solutions PTY LTD from Telkom SA Limited directly. Should you wish to have your ADSL Line transferred to Resolve Technology Solutions that is currently with another Service Provider you will first need to transfer the ADSL line back to Telkom SA Limited, thereafter the application for the transfer can be submitted to Resolve Technology Solutions PTY LTD.

The customer will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line. The ADSL line rental will be billed to the customer by Resolve Technology Solutions PTY LTD together with any other services provided to them. On application for a new line or a transfer of a line the full amount for the ADSL line size chosen will be billed and debited, once the new line, transfer has been completed we will credit the original amount paid and a prorata amount will be billed, the balance will be used towards your renewal for the following month. In the case of an upgrade/downgrade of a line, we will bill you a prorata amount once the upgrade/downgrade of the ADSL Line has been completed and this amount will be debited to your nominated bank account/credit card, in the case of a downgrade any credit amount due will be used towards the following months renewal. Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be suspended immediately, failure to pay the outstanding amount within 7 days will result in the ADSL Line being transferred back to Telkom SA Limited which will result in your telephone/fax line account being charged for the ADSL Line by Telkom SA Limited. Payment for the rental of the ADSL Line is due before the 1st of every month, failure to pay will result in the ADSL line being transferred back to Telkom, should the clients Telkom account be suspended the ADSL line will be cancelled.

Cancellations need to reach us by 4pm, no later than 7 working days before the end of the month, all cancellations received after this will only be cancelled at the end of the following month and the account holder will be liable for the ADSL line cost.

Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month.

Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or transfer back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/transfer back will be actioned before the last day of the month or only take place the following month.

Queries pertaining to your ADSL/Fibre line can be directed to accounts@resolvetech.co.za during office hours, if you are experiencing technical difficulties you can contact our Support Line on 012 004 0504.

Telkom terms and conditions can be found at:
http://www.telkom.co.za/general/termsandconditions/index.html

Payment Options / Terms

All transactions will be processed in South African Rands (ZAR). We accept credit card, debit order and cash deposit/EFT payments. We do not extend credit and payment is required up front, services will not be activated without payment. All manual (cash deposit/EFT) monthly payments must reach us before 5pm on the last day of the month, failure to do so will result in all services being suspended until payment is received. On request we will supply our banking details should you wish to make payment via Cash Deposit or alternative bank. Always use your four digit account number as your reference when making payment to avoid delays in your payment being allocated.

Security Policy

Sage Netcash process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Verisign, ensuring the cardholder and merchant that nobody can impersonate Sage Netcash to obtain confidential information. Sage Netcash is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Sage Netcash Internet servers are protected by firewalls and intrusion detection systems.

The Merchant does not have access to credit details.

Sage Netcash continually reviews and enhances its security in line with technological changes.

Monitoring

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

Law

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

Debit Orders

By supplying your banking details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/we hereby request and authorize you to draw against my/our our bank account (or any other bank or branch to which I/we may transfer my/our account) the due amount or any variable amount pertaining to this agreement, on the first working day of each month. This being the amount necessary for the settlement of the monthly invoice and/or any overdue amounts, due to you in respect of my/our purchases/contract/agreement.

All such withdrawals from my/our account by you shall be treated as though they had been signed by me/us personally. I/we, “instruct” and authorize your agent Netcash (Pty) Ltd, or by computer through a system provided by the South African Banks to draw against my/our account.

I/we understand that if bank details have been supplied the withdrawals authorized here will be processed by BankServ. I/we also understand that details of each withdrawal will be printed on my/our statement. I/we agree to pay any banking charges relating to this debit order instruction. This authority may be cancelled by me/us by completing the cancellation form and faxing it to the number on the form before the 25th of the current month.

Debit orders will be processed on the first working day of every month. If your debit order fails, your service(s) will be disabled immediately and your payment method will be set to EFT/Cash Deposit and you will be required to pay the outstanding amount in order to reactivate your service. Your debit order is on an automated process and cannot be stopped after the 24th of each month. Please note that if you are cancelling your service(s) with Axxess, you need to cancel via your control panel by the 24th of the month. Failure to do so will result in the product being activated and the monthly subscription being debited from your bank account. If you cancel on or after the 25th of the month, cancellation of the service will be actioned for the end of the following month.

All other debit order instructions (new account sign ups, top ups, upgrades), besides the monthly subscription debit orders, will be processed on a daily basis. Should a change be made on your account after the monthly debit order run, the balance will be processed on the 1st working day of the month and debited to your bank account within 5 days.

Month End

Please note that the control panels will be offline between 19:00 and 00:30 on the last day of every month due to various monthly processing operations that need to be performed. Accounts that have reached 100% usage will be capped and you will not be able to top up until 00:30. Please ensure that all new purchases, service changes and top ups have been processed before 17:00 on the last day of the month to ensure that your request is actioned before 19:00.

Take-down Notice

In terms of Section 75 of the Electronic Communications and Transactions Act (“the Act”) Green Gecko has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Details for ISPA:
Tel: 010 500 1200
takedown@ispa.org.za

PO Box 518
Noordwyk
1687
Midrand

Resellers (supersedes the above)

Cancellations
The cancellation of a product is your responsibility. Cancellations may be actioned from your control panel. All cancellations need to be completed before 19:00 on the last day of the month. Failure to do so will result in your renewal balance reflecting all the active accounts on your profile and that amount will be due before the 1st of the new month. Emailing your cancellation request does not guarantee that your service will be cancelled.

Payment Options / Terms
You will only be able to purchase services up to the value of your credit balance on your profile. To ensure that your payment reflects, please ensure that you pay well in advance. Should your payment for the following not reflect by 17:00 on the last day of the month, your products will not start on the 1st.

Month End
Please note that the reseller and reseller-client control panels will be offline between 19:00 and 00:30 on the last day of every month due to various monthly processing operations that need to be performed. Accounts that have reached 100% usage will be capped and you will not be able to top up until 00:30. Please ensure that all new purchases, service changes and top ups have been processed before 17:00 on the last day of the month to ensure that your request is actioned before 19:00. Cancellations should be processed via your own control panel before 19:00.

Automatic Top ups
Automatic top ups will not be actioned for the last 2 days of every month and will resume on the 1st of the following month. An automatic topup will not be activated if there are insufficient funds available.

Bundled Accounts
- Bundle Pricing
  Bundle pricing applies to one data service and one adsl line tied together in a bundle. The process of transferring/activating the adsl line takes place at the time of the order and cannot be ordered for a future date. Once a service is bundled the ADSL account will be locked down to the ADSL Line, the account cannot be used on a different ADSL Line.

- Line Transfer Bundle
  On initial sign up a discounted amount will be billed for the data portion of the bundle and there will be no charge for the transfer of the ADSL line if it take place in the current month. A discounted amount will be billed on transfer of the ADSL Line at any time other than the current month. The full bundle price will be billed on the 1st of the following month.

- New Line Bundle
  A discounted amount will be billed for the data and ADSL Line once the ADSL Line is activated by Telkom. The service on the bundle will be activated once payment is received for the amount billed. The full bundle price will be billed on the 1st of the following month.

- Permanent Upgrade/Downgrade of Bundle
  In order to upgrade/downgrade your existing bundle you will need to first unbundle the services. Once the services have been unbundled the changes can be made and the services can then be bundled again.

- Cancellations
  In order to cancel one or both services within a bundle it is necessary to first unbundle the service. Once the services have been unbundled the desired changes can be made.

- Un-Bundling
  When services are unbundled they will be billed at the stand alone price per service.

- Bundling Existing Services
  When services are bundled the bundled price will apply from the 1st of the following month.

* Please note that capped accounts purchased as part of a bundle do not count towards your total GB’s sold for the month.