ICASA CODE OF CONDUCT
In order to provide electronic communications services to its subscribers, Grid Club holds licences issued by the Independent Communications Authority of South Africa (ICASA).
ICASA requires that all licence-holders comply with, inter alia, the:
- ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
- ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by Grid Club to subscribers and potential subscribers.
You may download a copy of the Code of Conduct by clicking HERE.
TERMS AND CONDITIONS OF SERVICE
SERVICES SUPPLIED BY Grid Club PTY(Ltd) ARE SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. ALL CLIENTS ARE DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS AND CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.
Please take the time to read over our Acceptable Use Policy: www.gridclub.co.za/acceptable-use-policy
1. The debit order authorisation given by customers may be cancelled by means of giving calendar months’ notice in writing, sent by prepaid registered post, or email to email@example.com, the customer will not be entitled to any refund of amounts which are withdrawn whilst this authority was in force if such amounts were legally owing to Grid Club. Any services that have agreed upon contract durations stipulated on the agreement cannot be cancelled until the contract duration has expired. Grid Club reserve the right to perform credit checks on the customer on request for a new service.
2. Debit order Terms:
Payment is via debit order and paid for in advance for the services that you receive. The debit order will be processed on the first working day of every month. Failed debit orders will carry a penalty of R99 which will be added to your account. All customers will be supplied with a tax invoice to keep on record for tax purposes even though subscriptions are collected via debit order. In circumstances where a debit order fails, services will be disabled immediately and the customer will be required to pay their arrears, the R99 debit order penalty as well as a deposit amount equal to 50% of the failed debit order amount to a maximum of R1000 before your services are re-enabled. Grid Club reserves the right to reprocess failed debit orders at any time for the outstanding fees or any part thereof. Should the customer not use the services supplied during the month this does not entitle the customer to stop the debit order.
3. Billing Terms:
Grid Club will provide all customers with an invoice via email. Monthly service Accounts are due on or before the month being billed for. (the “Due Date”) All services are billed and payable in advance. An example: You will be invoiced on the 25th February for all your March services. Ad-hoc invoices for other service that are not monthly recurring are due on completion of the work.
4. Non Payment:
In the event of non-payment of an invoice by the stipulated Due Date, Grid Club reserves the right to hold the customer liable for the total amount due pursuant to such invoice or entire contract/agreement value.
Grid Club may stop the supply of new services to the customer and/or terminate current services held by the customer if payment of any invoice is not made by the Due Date, or if a petition for liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated the full outstanding balance becomes due and payable immediately.
If the customer pays the amount due in full, the customer may have their existing services re-activated and also purchase new services.
If the customer neglects to pay the amount due in full, Grid Club will submit the full delinquent amount for collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for the customers’ account.
Grid Club will not be held liable for the loss or suspension of customer services due to non-payment.
In the event of suspension due to non-payment, Grid Club reserves the right to place a “non-payment” page on the customers domain. Furthermore, the DNS of the customers domain will remain unchanged until full payment for the outstanding balance on the account has been received.
If the preferred method of payment used by a customer is EFT, it will be the sole responsibility of the customer to ensure that payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the customer payment which may cause service disruption as a result of the account being suspended due to non-payment.
5. Installation fees of Internet Circuits:
Installation fees for all internet circuits including and not limited to wireless, fibre DSL etc carry an installation fee. This installation fee amount conveyed to the customer prior to installation. This fee is payable prior to installation. Should the customer cancel the service prior to installation and after the installation fee has been paid, then the installation fee is not refundable. Should Grid Club not be able to install the service due to a limitation on Grid Club’s side, then the installation fee is refundable to the customer.
The customer shall not be entitled to cancel this contract unless Grid Club agrees thereto, in writing, and the customer shall be liable to affect all monthly payments until the termination Date has been reached. The services cannot be cancelled within this contract duration. Upon agreed cancellation Grid Club will collect their CPE equipment. All cancellation notices should be sent in writing to firstname.lastname@example.org on a signed letter which needs to include the customer code (on any of our invoices) and a copy of the customers ID document.
Business Services: No services can be cancelled within the initial term and the service will run on a 3-month cancellation notice period on the agreed upon month to month tariff. The customer will still be liable to pay for the above services on a monthly basis until such a point that this agreement is terminated.
Home Services: After the initial term the service will run on a month to month basis, with a 1 calendar months’ notice period for cancellation. The customer will still be liable to pay for the above services on a monthly basis until such a point that this agreement is terminated.
7. Adsl and Overages:
If the customer overshoots the ADSL or Hosting Caps by manipulating the customers session timeout, the gigs used will be subtracted from the customers following months cap. Monthly Gigs are not carried over to the following month. Top-up gigs are carried over to the following month.
8. Routers and equipment:
In the event of the customer having received a router or other equipment- should the customer terminate the contract the customer will be required to return the equipment to Grid Club with all its contents or pay the full purchase price of the router.
9. ADSL Circuits:
In order to apply for a ADSL circuit the customer needs an account based analogue telephone line. The line must not be a prepaid or IDSN line. If assistance is needed please email us on email@example.com
10. Pro-Rata Accounts:
No Accounts will be pro-rata besides for ADSL Circuits and only on the initial installation month.
11. Use of this Site:
The use of this site and the request for provision of all service constitutes acceptance of these terms and conditions which thereafter constitute a binding agreement between Grid Club and the customer. Use of this website as well as the services supplied by Grid Club are strictly at the sole risk of the customer. Grid Club may at any time amend these terms and conditions and on notification of such amendment to customers via email the amended terms will become binding on such customers.
While Grid Club take all reasonable security precautions and subject to the provisions of the Electronic Communications and Transactions Act (“ECT Act”), no liability will lie for damage caused by the malicious use of this site or destructive data or code that is massed on to the customer through the use of this site or any of the services supplied by Grid Club.
The following acts in connection with this website are expressly prohibited:
a) Gaining or attempting to gain unauthorized access to any web page or part of this website;
b) Delivering or attempting to deliver any unauthorized or malicious code or content to this website; and/or
c) Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorized persons; and/or
d) Any other unlawful interference with the proper operation of this website
Grid Club will peruse prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.
13. Backups and Data protection
It is at all times the customers responsibility to ensure that they have backups in place for all of the customers data. At no time can Grid Club be held responsible for any loss of data. This includes and is not limited to – website content, email content, offsite/onsite server, vps, cloud and desktop data, any proprietary data. Grid Club advises customers to keep a secure offsite backup for all IT services (even if Grid Club are providing the customer with backups), it is also suggested that these offsite backups are checked regularly. Grid Club strongly suggests that all customers make use of a specialised offsite backup protection company in the event of a disaster.
14. Termination of this agreement:
Grid Club reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this website and/or to terminate the access rights of any user where for example and without limitation:
a) We regard the action or inaction of a user to constitute a breach of these Terms and Conditions;
b) We regard the action or inaction of a user to constitute abuse of the services offered through Grid Club or this website.
c) Events beyond our reasonable control, including technical failures, prevent the continuing provision of this website.
15. Service Levels:
Grid Club does not guarantee the Services will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance.
Grid Club will do all things reasonably necessary to provide and maintain a best-effort continuous Internet access service and use to the customer, but cannot guarantee a continuous uninterrupted Service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure.
In no event, whatsoever, shall Grid Club or its consultants or employees be liable to the customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, support services, Hardware, Firewalls, Software and Web hosting rendered by Grid Club in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.
16. Consumer Rights and Security
a) Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available from http://www.internet.org.za/ect_act.html.
b) Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).
c) Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of goods which are made to the consumer’s specifications or which are clearly personalized or which by reason of their nature cannot be returned.
d) Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
e) Where a transaction has been so cancelled then:
The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
This website does not store any user credit card information. At no stage is credit card information stored together with user personal information.
Transactions are processed through the Virtual Card Services payment gateway using industry standard SSL.
Virtual Card Services uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent to the merchant server in encrypted form. SSL encrypts information and makes it impossible for anyone to read this information while it is in transit.
Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
17. Copyright and Intellectual Property protection
Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to Grid Club. Unless otherwise indicated, customers are not welcome to copy, download or print out any of the visible text or images on this website for personal or non-commercial use.
Customers wishing to utilise content for their own commercial purposes may only do so with Grid Club’s prior written permission.
Any use of the content or any other part of this website must be clearly accompanied by the following: “© Grid Club + [insert year in which content is copied]. All rights reserved.”
If a customer or user believes that this site in any way infringes a third party copyright or other intellectual property right, he or she may contact us, specifying the full details of the alleged infringement.
• You must first lodge a complaint with Grid Club and receive a reference number for your complaint.
• Allow Grid Club 14 working days to resolve the complaint.
• You may only refer your complaint to ICASA after completing the above process and only if the service provider has not resolved your complaint within 14 working days or if the response from Grid Club is unsatisfactory.
• Complaints must be in writing and can be lodged directly on the ICASA website or a complaints form can be completed and emailed to firstname.lastname@example.org or faxed to 012 568 3444.
PAIA AND POPI MANUAL
THIS MANUAL WAS PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO
INFORMATION ACT, 2000 (“The Act”) AND TO ADDRESS REQUIREMENTS OF THE PROTECTION OF PERSONAL
INFORMATION ACT, 2013 (“POPI”)
This manual applies to Grid Club (PTY) LIMITED
Registration number: 2021/948234/07
Registered office address: 22 Naude Street, Bethal, 2310
The Promotion of Access to Information Act, 2000 (the “Act”) gives third parties the right to approach private bodies and the government to request information held by them, which is required in the exercise and/or protection of any rights.
On request, the private body or government is obliged to release such information unless the Act expressly states that the records containing such information may or must not be released. This manual informs requestors of procedural and other requirements which a request must meet as prescribed by the Act.
Nature Of Business
The Company offers an automated business intelligence software and solutions for use by its clients.
Name of body: Grid Club IT MANAGEMENT (Pty) Limited
Head of body: Zak kok
Information Officer: Corlie Kok
Physical Address: 22 Naude Street, Bethal, 2310
Telephone Number: 087 821 6477
Email address: email@example.com
2. Guide Of Human Rights Commission / Information Regulator
A guide to the Act (as contemplated under section 10 of the Act) is available from the South African Human Rights
Commission. The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.
Any enquiries regarding this guide and its contents should be directed to:
The South African Human Rights Commission:
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-7146
Alternatively, its successor:
The Information Regulator (South Africa)
SALU Building, 316 Thabo Sehume Street, Pretoria
Ms. Mmamoroke Mphelo
Tel: 012 406 4818
Fax: 086 500 3351
3. Access To Records Held By The Company
Records held by the Company may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of the Company and in this regard, the Act distinguishes between two types of requesters:
- Personal Requester- A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, the Company will provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by the Company.
- Other Requester – This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, the Company is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged.
- By the Company.
A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. A requester must email the company, using the companies email address with the following details:
- The record or records requested;
- The identity of the requester;
- What form of access is required; and
- The postal address or fax number of the requester.
A requester must state that he or she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right. The Company will process a request within 30 (thirty) days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that the this time period not be complied with. The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required. If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer.
If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer.
The Company will, within 30 (thirty) days of receipt of a request, decide whether to grant or decline a request and give notice with reasons (if required) to that effect. The 30 (thirty) day period within which the Company has to decide whether to grant or refuse a request, may be extended for a further period of not more than 30 (thirty) days if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company (other than the head office) and the information cannot reasonably be obtained within the original 30 (thirty) day period. The information officer will notify the requester in writing should an extension be necessary.
The Act provides for two types of fees:
A request fee, (which will be a standard fee) and an access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs where applicable. When a request is received by the information officer of the Company, the information officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request. If a search for the record is necessary and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the information officer shall notify the requester to pay as a
deposit the prescribed portion of the access fee which would be payable if the request is granted.
The information officer shall withhold a record until the requester has paid the fee or fees as indicated. A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available is the request form. If a deposit has been paid in respect of a request for access, which is refused, then the information officer shall repay the deposit to the requester.
5. Categories Of Records Held By The Company: Section 51(1)(E)
Companies Act Records
- Documents of incorporation
- Memorandum of Incorporation
- Minutes of Board of Directors meetings
- Records relating to the appointment of directors / auditor / secretary / public officer and other
- Share Register and other statutory registers
- Annual Financial Statements
- Tax Returns
- Accounting Records
- Banking Records
- Bank Statements
- Electronic banking records
- Asset Register
- Rental Agreements
- Tax Records
- PAYE Records
- Documents issued to employees for income tax purposes
- Records of payments made to SARS on behalf of employees
All other statutory compliances:
- Skills Development Levies
- Workmen’s Compensation
Personnel Documents and Records
- Employment contracts
- Employment Equity Plan (if applicable)
- Disciplinary records
- Salary records
- Disciplinary code
- Leave records
- Training records
- Training Manuals
6. Processing Of Personal Information|
Purpose of Processing:
The Company uses the Personal Information under its care in the following ways:
- Rendering service according to instructions given by clients
- Staff administration
- Keeping of accounts and records
- Complying with tax laws
Categories of Data Subjects and their Personal Information
The Company may possess records relating to suppliers, shareholders, contractors service providers, staff and clients:
Clients – Juristic Persons / Entities:
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
Names; registration number; contact details; physical and postal addresses; Tax related information; confidential correspondence
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
Contracted 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; Opinions, Criminal behaviour; Well-being;
Categories of Recipients for Processing the Personal Information
The Company may supply the Personal Information to service providers who render the following services:
– Capturing and organising of data;
– Storing of data;
– Sending of emails and other correspondence to clients
– Conducting due diligence checks;
– Administration of the Collective Investment Schemes;
Actual or Planned Trans border Flows of Personal Information
The Company may transfer data trans-border in order to store data with third party cloud storage providers.
General Description of Information Security Measures
The Company employs up to date technology to ensure the confidentiality, integrity and availability of the Personal Information under its care. Measures include:
– Virus protection software and update protocols
– Logical and physical access control;
– Secure setup of hardware and software making up the IT infrastructure;
– Outsourced Service Providers who process Personal Information on behalf of the Company are
contracted to implement security controls.
7 Remedies Available If Request for Information Is Refused
The Company does not have internal appeal procedures. As such, the decision made by the information officer pertaining to a request is final, and requestors will have to exercise such external remedies at their disposal if a request is refused, and the requestor is not satisfied with the response provided by the information officer.
A requestor that is dissatisfied with the information officer’s refusal to disclose information, may within 30
(thirty) days of notification of the decision, apply to a court for relief. Likewise, a third party dissatisfied with the information officer’s decision to grant a request for information, may within 30 (thirty) days of notification of the decision, apply to a court for relief. For purposes of the Act, courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.
8 List of Applicable Legislation
Records of the Company’s and other legal entities in which the Company has a direct controlling interest or an
indirect controlling interest through its subsidiaries) may be kept by or on behalf of the Company in accordance
with the following legislation (some of which legislation may not be applicable to the Company), as well as
with other legislation that may apply to the Company and/or its subsidiaries from time to time:
• Basic Conditions of Employment Act 57 of 1997;
• Broad-based Black Economic Empowerment Act 53 of 2003 Companies Act 71 of 2008;
• Compensation for Occupational Injuries and Diseases Act 130 of 1993 Copyright Act 98 of 1978;
• Currencies and Exchanges Act 9 of 1993;• Electronic Communications and Transactions Act 25 of 2002 Employment Equity Act 55 of 1998;
• Financial Intelligence Centre Act 38 of 2001;
• Financial Institutions (Protection of Funds) Act 28 of 2001 Financial Services Board Act 97 of
• Income Tax Act 58 of 1962;
• Inspection of Financial Institutions Act 80 of 1998 Labour Relations Act 66 of 1995;
• Occupational Health and Safety Act 85 of 1993;
• Regulation of Interception of Communications and Provision of Communication-Related
Information Act 70 of 2002;
• Prevention of Organised Crime Act 121 of 1998;
• Prevention and Combating of Corrupt Activities Act 12 of 2004 Promotion of Access to
Information Act 2 of 2000;
• Protected Disclosures Act 26 of 2000;
• Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
Skills Development Act 97 of 1998;
• Skills Development Levy Act 9 of 1999 Securities Transfer Tax Act 25 of 2007;
• Securities Transfer Tax Administration Act 26 of 2007 Trade Marks Act 194 of 1993;
• Trust Property Control Act 57 of 1988 Unemployment Insurance Act 30 of 1966;
• Unemployment Insurance Contributions Act 4 of 2002 Value Added Tax Act 89 of 1991
9 Availability Of The Manual
The manual is available for inspection, on reasonable prior notice, at the office of the company free of charge.