General Terms and Conditions

1.     DEFINITIONS These definitions shall apply equally to all documents which form part of the Agreement:

1.1.   “Acceptance Date” means the date on which the Customer accepted the Agreement and this may include acceptance in writing, telephonically or electronically, such electronic acceptance includes clicking “I agree” on a web page or on your mobile device;

1.2.   “Agreement” means: 1.2.1. these Terms and Conditions; 1.2.2. the FTTH Terms and Conditions; 1.2.3. the AUP; 1.2.4. the FUP; 1.2.5. the Application Form completed by the Customer in order to contract for the Services and Products with RSAWEB; and 1.2.6. any addendum concluded by RSAWEB and the Customer.

1.3.   “Application Form” means the documents, including in an electronic form, on which the Customer, amongst other things, applied for the provision of the Services and Products by RSAWEB;

1.4.   “AUP” means RSAWEB’s Acceptable Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;

1.5.   “Business Days” means any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa;

1.6.   “CPA” means the Consumer Protection Act, 68 of 2008;

1.7.   “Customer” means the person referred to as such on the Application Form and who utilises or has applied to utilise RSAWEB’s Services and Products and who is bound to the Agreement;

1.8.   “Effective Date” means the date on which RSAWEB gives the Customer access to and/or enables the Customer to use the Services and Products;

1.9.   “Equipment” means any device, equipment or hardware used to access the Services and Products or used in conjunction with the Services and Products and which shall include the router;

1.10.                “FNO” means a fibre network operator who, amongst other things, builds and owns the physical infrastructure that is used to deliver fibre;

1.11.                “FTTH” means fibre to the home;

1.12.                “FTTH Terms and Conditions” means the terms and conditions which are applicable to the Customer’s use of the FTTH;

1.13.                “FUP” means RSAWEB’s Fair Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;

1.14.                “Installation Fee” means the fee payable for installing the FTTH line and which fee will differentiate between the specific FNOs;

1.15.                “Intellectual Property Rights” means patents, registered designs, trademarks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights;

1.16.                “ISP” means Internet Service Provider;

1.17.                “Juristic Person” means a company, close corporation, a body corporate, partnership, association or trust;

1.18.                “Malicious Code” means anything that contains any computer software routine or code intended to: 1.18.1. allow unauthorised access or use of a computer system by any party; 1.18.2. disable, damage, erase, disrupt or impair the normal operation of a computer system; and 1.18.3. and includes any back door, time bomb, trojan horse, worm, drop dead device or computer virus.

1.19.                “Parties” means RSAWEB and the Customer collectively and “Party” shall mean either of them as the context may dictate;

1.20.                “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 70 of 2002;

1.21.                “Router Fee” means the fee payable for the FTTH router;

1.22.                “RSAWEB” means RSAWEB (Pty) Ltd, a private company registered as such in South Africa;

1.23.                “RSAWEB’s System” means equipment operated together as a system by RSAWEB to provide any Services and Products, including, without limitation, servers, peripherals, routers, switches, cables, software, databases, generators;

1.24.                “Services and Products” means the provision of internet services, information technology services and any other products or services related thereto, provided by RSAWEB to the Customer and as specifically applied for by the Customer on the Application Form;

1.25.                “Service Fee” means the amount payable by the Customer to RSAWEB for the Services and Products;

1.26.                “Terms and Conditions” means these General Terms and Conditions as stipulated herein;

1.27.                “Uncontrollable Event” means, inter alia, any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder or any other cause beyond the reasonable control of RSAWEB including the termination or suspension of a service or product provided by an FNO and/or a third-party supplier, that may result in a delay or a failure to provide any Services and Products;

1.28.                “VAT” means value-added tax charged in terms of the VAT Act; and

1.29.                “VAT Act” means the Value-Added Tax Act, 89 of 1991.

2.     CONSUMER PROTECTION ACT, 68 OF 2008

2.1.   To the extent that there is any inconsistency between the Agreement and the CPA, the CPA shall take precedence.

3.     DURATION

3.1.   The provisions of the Agreement shall be effective from the Acceptance Date and shall endure indefinitely until it is cancelled in terms of the Agreement. RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.

3.2.   The Customer is solely responsible for ensuring that their choice of the Services and Products conforms to their requirements or desired outcome. RSAWEB will not be liable should the Customer select the incorrect Services and Products.

3.3.   The Parties agree that in the event that RSAWEB is unable to activate the Services and Products which the Customer has applied for within 30 (thirty) days of the Acceptance Date (or such extended period as RSAWEB may advise) due to an Uncontrollable Event, the Agreement will automatically terminate and neither Party shall have any liability to the other as a result of the termination.

3.4.   Should the Agreement be for a fixed term (such fixed-term having been selected by the Customer as a contract option, namely, either 1 (one) month, 12 (twelve) months or 24 (twenty-four) months from the Effective Date (either of these periods hereinafter referred to as “the Initial Period”):

3.4.1.and should the Customer be a natural person,

3.4.1.1.           the Customer may (subject to clause 3.6 below):

3.4.1.1.1.               cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s (from 1st of the month to the last day of the month) notice by logging a ticket

3.4.1.1.2.               on at least 20 (twenty) Business Days written notice to RSAWEB at any time prior to the expiry of the Initial Period by logging a ticket;

3.4.1.1.3.               alternatively, should the Agreement not be cancelled as per clauses 3.4.1.1.1 or 3.4.1.1.2 above, it will automatically continue on a monthly basis and will be terminable by either RSAWEB or the Customer on a calendar month (from 1st of the month to the last day of the month) written notice to the other Party.

3.4.1.2.           RSAWEB may:

3.4.1.2.1.               should the Customer have materially breached the Agreement, terminate the Agreement if the Customer fails to rectify the breach after 20 (twenty) Business Days’ notice from RSAWEB calling upon the Customer to rectify its breach;

3.4.2.and should the Customer be a Juristic Person, the Customer may:

3.4.2.1.           not cancel the Agreement during the Initial Period other than due to a material unremedied breach committed by RSAWEB; or

3.4.2.2.           cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s notice by logging a ticket

3.4.2.3.           alternatively, at the expiry of the Initial Period, should the Agreement not have been cancelled as per the above, the Agreement will automatically renew and will continue on a monthly basis, terminable by either Party on one month’s notice, on revised terms, including revised pricing, which terms RSAWEB will notify the Customer of prior to the expiry of the Initial Period.

3.5.   Should the Customer elect to cancel the Agreement at any time after the Acceptance Date,  the Customer will be liable to RSAWEB for the greater of the following amounts (unless otherwise expressly agreed in writing):

3.5.1.a cancellation processing fee in the amount of R999.00 (Nine Hundred and Ninety Nine Rand); or

3.5.2.all setup fees incurred by RSAWEB.

3.6.   Upon termination of the Agreement, RSAWEB or its partners shall be entitled to retrieve all or any Equipment installed by the partner or RSAWEB at the Customer’s premises.

3.7.   Save as specifically provided for above in clause 3.4, this Agreement may be terminable by either Party on 1 (one) calendar month’s written notice unless the Customer has materially breached the Agreement, in which case, RSAWEB will provide the Customer with reasonable notice to rectify the breach, this reasonable notice being 5 (five) Business Days and, should the Customer fail to rectify the breach within such reasonable period, RSAWEB may terminate the Agreement with immediate effect.

3.8.   Notwithstanding termination of this Agreement, should the Customer continue to utilise the Services and Products of RSAWEB, the Customer will remain liable for all amounts which would have been due to RSAWEB, and the Agreement shall be deemed to continue to apply until all amounts due to RSAWEB are paid.

4.     SERVICE FEE, PAYMENT AND THE CONSEQUENCES OF BREACH OF PAYMENT TERMS

4.1.   Billing will commence on the Effective Date. Notwithstanding the aforesaid, RSAWEB reserves the right to bill the Customer for any non-recurring charges prior to the Effective Date. RSAWEB reserves the right to prohibit the Customer’s access and use of the Services and Products until such time as these non-recurring charges have been settled in full.

4.2.   All fees and other amounts payable are quoted exclusive of VAT unless specified otherwise by RSAWEB.

4.3.   The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.

4.4.   The Customer agrees to pay all amounts free of exchange and without deduction or set-off by way of a direct debit order in favour of RSAWEB, drawn against an existing bank account nominated by the Customer, or in such other manner as agreed by RSAWEB from time to time.

Debit Order Terms

Debit Order Mandate (DebiCheck)

This mandate applies to and is binding on any Customer who chooses to pay for RSAWEB services by EFT Debit Order. This mandate ensures compliance with the South African Reserve Bank (SARB) and the Payments Association of South Africa (PASA) rules for EFT debit orders, having come into effect October 2021.

DebiCheck prevents debit order abuse. Through DebiCheck, allow your bank to confirm the debit order with you before the debit order transaction is processed. For more information on this, visit the DebiCheck website (www.debicheck.co.za).

4.5.   Mandate for debit order

4.5.1.To process EFT debit orders securely and effectively RSAWEB has partnered with a third-party partner, Netcash (Pty) Ltd, a registered Systems Operator and Third-Party Payments Provider with PASA (Registration number SO001051) and registered with the FSCA and the Security Standards Council. For more information visit: www.netcash.co.za.

4.5.2.The Customer hereby consents and authorises RSAWEB/ Netcash (the Collectors of the debit order) to collect as specified in terms of this agreement, the amount stated, at the date specified and from the Customer’s Bank Account details.

4.5.3.The Collectors information, “RSAWEB” and/ “NETCASH” will reflect as part of the debit order transaction reference in the Customers bank statement once the debit order is processed.

4.5.4.By accepting these Terms and Conditions, the Customer permits RSAWEB and by extension assigns the DebiCheck mandate to Netcash (Pty) Ltd to collect the debit order as per this Agreement.

4.6.   Should the Customer pay by way of debit order, the Customer agrees that:

4.6.1.RSAWEB will be entitled and authorised to draw all amounts payable in terms of this Agreement from the account specified by the Customer and the Customer will sign all such forms and do all such things as may be necessary to give effect to the debit order;

4.6.2.RSAWEB is entitled to debit the Customer’s bank account on the first debit order run date after the Effective Date, provided that if the Effective Date is after the debit order run date for a particular month, RSAWEB will debit the Customer’s account on the following debit order run date and the Customer’s first bill will therefore include a pro-rata portion for the remaining period of the month in which the Customer had its Effective Date plus the full-Service Fee for the succeeding month; and

4.6.3.the Customer will not revoke or terminate the debit order instructions until termination of this Agreement and until all amounts due and owing to RSAWEB have been fully paid.

4.7.   Should the Customer fail to pay any amount to RSAWEB on the due date for such payment, RSAWEB may, without prejudice to any other rights which it may have:

4.7.1.suspend the Customer’s access and use of the Services and Products, in which case RSAWEB reserves the right to continue charging the Customer the minimum amount required to keep the Customer’s account activated for the suspended period; or

4.7.2.terminate this Agreement.

4.8.   RSAWEB will use reasonable endeavours to keep the Customer informed about the possibility of disconnection in the case of non-payment.

4.9.   4.9. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date for payment. The interest rates will be 2% (two percent) above the prime overdraft rate. The interest will be calculated from the due date for payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.

4.10.                To the extent that RSAWEB incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for the Customer’s account.

4.11.                If any changes are proposed to any terms of an agreement between RSAWEB and an FNO and/or any third party supplier, which impacts on the provisions of any Services and Products of this Agreement, or if any changes to this Agreement are necessary because of new and/or amended legislation and/or changes to RSAWEB’s license conditions and/or changes to RSAWEB’s Services and Products and/or fees and charges relating thereto, RSAWEB shall be entitled to amend the terms, fees or charges for the Services and Products at any time on 30 (thirty) days’ notice to the Customer. The Customer agrees however that should the FNO and/or third-party supplier not provide RSAWEB with timeous written notice, or should any other circumstances beyond the reasonable control of RSAWEB occur which does not enable RSAWEB to reasonably have the opportunity to give 30 (thirty) days’ notice, then RSAWEB will provide written notice to the Customer within a reasonable period of time after RSAWEB is so notified. The amendment will take effect on the date indicated in the notice.

4.12.                The Customer specifically agrees that it will remain liable to pay RSAWEB for his / her use of the Services and Products, notwithstanding the fact that the Customer does not have access to the premises to which the Services and Products are supplied. Should the Services and Products be supplied to the premises as per the Agreement, the Customer will be liable to pay RSAWEB.

4.13.                In the event of a billing failure and the Customer’s failure to make a timely payment for Services and Products, RSAWEB reserves the right to backbill the Customer for any outstanding amounts. The Customer will have the same duration as the backbilling period to settle the outstanding balance. RSAWEB will make reasonable efforts to notify the Customer of any backbilling situations, offering an opportunity to address outstanding payments within the specified back-billing period.

5.     CREDIT CHECK

5.1.   The Customer hereby consents to:

5.1.1.RSAWEB performing a credit search with a registered credit bureau and providing personal information to the credit bureau in order for this search to be performed when assessing the Customer’s application for the Services and Products to be provided by RSAWEB and to rely on such information when deciding whether or not to provide the Services and Products to the Customer;

5.1.2.RSAWEB monitoring the Customer’s continued payment behaviour as recorded by a registered credit bureau and to use such information when assessing the continued provision of the Services and Products to the Customer;

5.1.3.RSAWEB recording the Customer’s payment behaviour and, should the Customer continually default in its payments to RSAWEB, to report such behaviour to a registered credit bureau.

6.     CUSTOMER’S ACCESS

6.1.   Subject to the provisions of this Agreement, RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.

6.2.   RSAWEB will issue the Customer with a username and password to allow the Customer access to the Services and Products.

6.3.   The Customer agrees that:

6.3.1.the Services and Products will be utilised for his / her own personal use only and therefore the Customer may not share the username and password with other third parties thereby granting them access to the Services and Products;

6.3.2.he/she will maintain the confidentiality of the username and password;

6.3.3.he/she will notify RSAWEB should the username or password be compromised;

6.3.4.he/she is solely responsible for the payment for the Services and Products;

6.3.5.should any persons utilise the Services and Products with the Customer’s authorisation, the Customer is to ensure that such persons comply with the provisions of this Agreement and, in this regard, the Customer agrees that all acts or omissions of persons who utilise the Services and Products under the Customer’s account or with the Customer’s authorisation will be treated, for all purposes, as the Customer’s acts or omissions; and

6.3.6.he/she has read and understood RSAWEB’s AUP and FUP and agrees to be bound thereby.

7.     THE DELIVERY AND AVAILABILITY OF THE SERVICES AND PRODUCTS

7.1.   The Customer agrees that the Services and Products are provided by RSAWEB as a “best-effort” service with no service levels of any nature being offered.

7.2.   The Services and Products are provided “as is” or “as available”. RSAWEB does not make any express or implied representations, warranties or guarantees with regard to:

7.2.1.the quality or security of the Services and Products;

7.2.2.the availability of the Services and Products;

7.2.3.the Services and Products being free of errors or interruptions and fit for any purpose; and

7.2.4.the Services and Products being secure and reliable.

7.3.   RSAWEB will use its best endeavours to notify the Customer in advance of any maintenance or repairs which may result in the unavailability of the Services and Products but cannot guarantee that it will be able to provide such notification timeously or at all.

7.4.   Should the Customer experience any faults in the Services and Products, the Customer is to report such fault by logging a ticket.

7.5.   Due to the nature of certain Services and Products, RSAWEB cannot guarantee the speed of the Services and Products, and best effort will be made by RSAWEB to troubleshoot the Customer’s Services and Products.

8.     DATA

8.1.   RSAWEB will not be liable for any direct or indirect loss or damage of any kind which the Customer may suffer as a result of the loss of the Customer’s data, or any part thereof, for any reason whatsoever.

9.     PROTECTION OF RSAWEB’S SYSTEM

9.1.   The Customer agrees that it will not do anything which will compromise the security of RSAWEB’s System, or any other network connected to RSAWEB’s System.

9.2.   The Customer agrees that it will not do anything which may prejudice RSAWEB’s System and will take all reasonable measures to ensure that:

9.2.1.no unlawful access is gained to RSAWEB’s System;

9.2.2.no Malicious Code is introduced into RSAWEB’s System; and

9.2.3.the Customer’s information and data are adequately protected.

9.3.   If RSAWEB is of the view that a security violation has occurred or is imminent, RSAWEB may take whatever steps it considers necessary to maintain the proper functioning of the RSAWEB System, including, without limitation:

9.3.1.changing the Customer’s access codes and password; and

9.3.2.preventing the Customer’s access to RSAWEB’s System.

9.4.   The Customer agrees that it will provide its full cooperation to RSAWEB in any investigation that may be carried out by RSAWEB regarding a security violation.

10.  RICA

10.1.                RSAWEB shall not be liable to the Customer for any losses, liabilities, damages, claims, costs or expenses which the Customer may suffer as a result of RSAWEB performing any activity which RSAWEB is obliged to perform in terms of RICA.

11.  INTELLECTUAL PROPERTY

11.1.                The Customer agrees to comply with all laws applicable to any Intellectual Property Rights in respect of any data accessed, retrieved or stored by the Customer through the use of the Services and Products.

11.2.                RSAWEB will wholly and exclusively retain ownership of all existing Intellectual Property Rights and shall become the exclusive and unencumbered owner of all Intellectual Property Rights associated with RSAWEB’s System and the Services and Products. 

12.  BREACH

12.1.                Subject to any other provision contained in the Agreement including clause 3 above, and without prejudice to any other rights which RSAWEB may have, should the Customer breach any provision of the Agreement and fail to rectify the breach within 5 (five) Business Days’ notice thereof (such notice period being dependent on the nature of the breach in question), RSAWEB shall be entitled to:

12.1.1.   suspend the Customer’s access to the Services and Products;

12.1.2.   cancel the Agreement and thereby terminate the Customer’s access to the Services and Products; and

12.1.3.   claim immediate performance by Customer of his / her obligations.

12.2.                Should RSAWEB suspend or terminate the Services and Products, and the Customer thereafter rectifies its breach, RSAWEB will be entitled to charge the Customer for reconnecting the Services and Products and for any administrative fees associated therewith. The reconnection fee and administrative fee will be payable by the Customer prior to the Services and Products being reactivated. The Customer agrees that it will take up to 5 (five) Business Days for the Services and Products to be reconnected by RSAWEB.

13.  JURISDICTION AND GOVERNING LAW

13.1.                The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the Customer and RSAWEB consent to the Courts of the Republic of South Africa to adjudicate any dispute which may arise between them.

14.  LIMITATION OF LIABILITY AND INDEMNITY

14.1.                RSAWEB will not be liable to the Customer or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and howsoever arising when utilising the Services and Products.

14.2.                This clause shall apply to the benefit of RSAWEB, including RSAWEB’s directors, officers, employees, contractors, agents and other representatives.

14.3.                RSAWEB does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any of the Services and Products.

14.4.                Without limiting the aforegoing, RSAWEB shall not be liable for and the Customer will have no claim of whatsoever nature against RSAWEB because of:

14.4.1.   the loss of or access to any usernames and passwords which the Customer is required to safeguard and not allow unauthorised access, on the understanding that RSAWEB will be entitled to assume that the Customer is the person so using or gaining access to any service or account where the Customer’s username or password is used;

14.4.2.   any unauthorised access to the Customer’s Services and Products;

14.4.3.   any unavailability of, or interruption in the Services and Products due to an Uncontrollable Event; and

14.4.4.   any damage, loss, cost or claim which the Customer may suffer or incur due to a suspension or termination of the Services and Products.

14.5.                If the CPA is applicable to this Agreement, and any provision of this clause is found by a Court or tribunal with competent jurisdiction over RSAWEB to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.

14.6.                To the extent that a competent Court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that RSAWEB is liable to the Customer, the Customer agrees that RSAWEB’s liability to the Customer for any damages howsoever arising shall be limited to the amounts paid by the Customer under this Agreement in consideration for the Services and Products during the immediately preceding 12 (twelve) month period.

14.7.                The Customer hereby unconditionally and irrevocably indemnifies RSAWEB against any and all loss, damage, claims, liability and / or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by RSAWEB because of any claim instituted against RSAWEB by a third party due to the Customer’s use of the Services and Products other than as is allowed in the Agreement or for any other cause whatsoever relating to the Agreement where the Customer has acted wrongfully or negligently.

15.  CESSION AND DELEGATION

15.1.                The Customer shall not be entitled to:

15.1.1.   cede its rights;

15.1.2.   delegate its obligations; and

15.1.3.   assign its rights and obligations, under this Agreement without the prior written consent of RSAWEB.

15.2.                RSAWEB shall be entitled to:

15.2.1.   cede its rights;

15.2.2.   delegate its obligations; and

15.2.3.   assign its rights and obligations, under this Agreement without the prior written consent of the Customer.

16.  AGREEMENT SUBJECT TO CHANGE

16.1.                Subject to the provisions of this Agreement, RSAWEB may amend the Agreement, including its charges from time to time, on written notice to the Customer, which written notice may be sent by email to the Customer and/or which notice may be effected by publishing any new version of the Agreement on RSAWEB’s website together with the date on which it will become effective, which will, if reasonably possible, be at least 30 (thirty) days after the date on which it was first published. It will be the Customer’s duty to visit RSAWEB’s website on a regular basis to determine whether any amendments have been made.

16.2.                If the Customer does not agree to the amendments, the Customer may cancel the Agreement subject to the cancellation provisions of this Agreement, provided that cancellation must be given to RSAWEB within 1 (one) calendar months’ notice.

17.  NOTICES AND DOMICILIA

17.1.                17.1. For the purpose of giving of notice and the serving of legal process in terms of this Agreement, the Customer and RSAWEB choose a domicilium citandi et executandi (“domicilium”) as follows:

17.1.1.   THE CUSTOMER:

17.1.1.1.        Address: AS SET OUT IN THE APPLICATION FORM

17.1.1.2.        Email: AS SET OUT IN THE APPLICATION FORM

17.1.2.   RSAWEB:

17.1.2.1.        Address: Unit 207, Block 2 Northgate Park, Cnr. of Section Street and Platinum Drive, Brooklyn

17.1.2.2.        Email: support@rsaweb.net

17.2.                The Customer or RSAWEB may at any time change, by notice in writing, its domicilium to any other address in the Republic of South Africa which is not a post office box or post restante.

17.3.                Any notice given in connection with this Agreement shall, save where a particular form of notice is stipulated, be sent by email to the domicilium chosen.

17.4.                A notice given as set out above shall be deemed to have been duly given, if sent by email, on the expiration of 24 (twenty-four) hours after the time of transmission.

18.  ENTIRE AGREEMENT

18.1.                Subject to RSAWEB’s right to amend the Agreement, the Customer and RSAWEB agree that the Agreement constitutes the whole agreement between them and RSAWEB will not be bound by any undertaking, representations, warranties, promises or the like not recorded herein.

18.2.                In the event that any terms of the Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

18.3.                If a provision of the Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision should be interpreted, insofar as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.

19.  CUSTOMER’S INFORMATION

19.1.                The Customer warrants that, as at the date of signature of the Application Form, all the details furnished by the Customer to RSAWEB are true and correct and the Customer will notify RSAWEB in the event of any change to such details. The Customer accepts that it will be his / her sole responsibility to ensure the provision of accurate and complete information.

19.2.                The Customer warrants that he/she is legally capable of entering into a binding contract.

19.3.                The Customer consents to RSAWEB processing the Customer’s personal information in order for RSAWEB to provide the Services and Products to the Customer.

20.  NO INDULGENCES

20.1.                No indulgence, leniency or extension of time which RSAWEB may grant or show to the Customer shall in any way prejudice RSAWEB or preclude RSAWEB from exercising any of its rights in the future

21.  FTTH TERMS AND CONDITIONS

21.1.                In the event of a discrepancy between these Terms and Conditions and the FTTH Terms and Conditions, the FTTH Terms and Conditions shall take precedence.

22.  MARKETING CONSENT

22.1.                By accepting these Terms and Conditions, you agree to receive marketing communications from RSAWEB about new products, services, and promotions via email, SMS, or other digital channels. You may opt out at any time by using the unsubscribe link or opt-out request in any marketing message or by contacting us at marketing@rsaweb.net.

22.2.                Opting out of marketing communications does not affect service-related messages or the provision of services. For further details on how we handle personal data, please see our Privacy Policy.

Acceptable usage policy and fair usage policy

To view or download our Acceptable Usage Policy and Fair Usage Policy, please click here.

Fibre to the Home Terms and Conditions

1.     TERMS AND CONDITIONS

1.1.  The provision of the FTTH Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement. These services are available for residential use only and cannot be used for business connectivity.

2.     DEFINITIONS

2.1.  The definitions contained in clause 1 of the General Terms and Conditions, and further definitions which may be provided elsewhere in the Agreement, shall bear the same meaning in these FTTH Terms and Conditions.

3.     FTTH COVERAGE

3.1.  FTTH Line and the Installation Fee

3.1.1.     RSAWEB shall within a reasonable period of time of receipt of an order for the provision of FTTH by the Customer, advise the Customer whether an installed fibre line is available for use by the Customer and the anticipated Customer Installation Completion Date (“CICD”). The feasibility maps are given to us by the Fibre Network Operators, and therefore are subject to inaccuracy at times. This will be communicated to you if applicable.

3.1.2.     Notwithstanding any other provision of this Agreement, the Customer shall be entitled to cancel, by way of written notice to RSAWEB, an order for the provision of FTTH prior to the CICD if the time period from the date of the order by the Customer to planned CICD exceeds 6 (six) months. Upon such cancellation, RSAWEB shall be entitled to charge the Customer for such costs and expenses as having been incurred by RSAWEB or obligations to which RSAWEB has become necessarily bound arising from the relevant order, from the date of the order concerned up to the date of receipt or deemed receipt of such notice of cancellation, as well as the actual cost of the recovery of any equipment already installed.

3.1.3.     If the setup fees are covered by RSAWEB on behalf of the client, and the customer cancels the Agreement in accordance with clause 3.5 of the General Terms and Conditions (i.e. the Customer cancels the Agreement during the Initial Period) in which case the Installation Fee will be dependent on which FNO installed the FTTH line and RSAWEB will advise the Customer accordingly. The installation fee does not apply if you already have a fibre line installed that is not damaged and is still active, however, the connection fee will still be applicable upon cancellation.

3.1.4.     The setup fee covered by RSAWEB only covers the standard trenching limit as determined by the Fibre Network Operator. Should the distance of trenching exceed the limit the Fibre Network Operator will engage with the client directly to quote for the additional meterage.

3.1.5.     RSAWEB is not responsible for the physical fibre infrastructure or its installation. In addition, the method of installation shall remain within the FNO’s discretion. RSAWEB assumes no responsibility for any error or omission by the FNO.

3.1.6.     Prior to any installation taking place, RSAWEB will need to verify that the Customer has FTTH coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have FTTH coverage at its selected premises, RSAWEB will not be able to provide the Customer with the Services and Products.

3.1.7.     If the Customer has an FTTH line but has signed up with a different ISP, it will remain the Customer’s obligation to cancel with this ISP before RSAWEB will be able to provide the Services and Products.

3.1.8.     Should the Customer terminate the Agreement during the Initial Period, then the full setup Fee that was initially deferred will be paid by the Customer to RSAWEB.

3.2.  Payment of Monthly Fees

3.2.1.     The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the first working day of each and every calendar month.

3.3.  Router and the Router Fee

3.3.1.     To facilitate timely delivery of your hardware, please specify your need for a router during the signup process. If you do not select a complimentary router on the order form, RSAWEB cannot guarantee the delivery of any hardware. Be advised that RSAWEB will not assume responsibility for issuing any credits arising from the omission of hardware selection on your order form.

3.3.2.     The Customer may utilise the router free of charge for the duration of the Agreement, subject to the terms of this Agreement, and accepts that RSAWEB will remain the owner of the router at all times.

3.3.3.     The Customer agrees that should it cancel the Agreement in accordance with clause 3.5 of the Terms and Conditions or the Customer cancels during the Initial Period, the Customer can either:

3.3.3.1.         purchase the router from RSAWEB at the retail value at the time of cancellation; or

3.3.3.2.         return the router to RSAWEB in its original condition.

3.3.4.     Should the Customer decide to return the router in terms of clause 3.3.3.2 above, it is to do so within 10 (ten) days from the date on when the Customer’s Services and Products were deactivated and the Customer is to provide its name and RSAWEB customer code when returning the router. The Customer will be liable for all courier charges associated with the return of the router. If the router is not returned within the 10 (ten) day period:

3.3.4.1.         RSAWEB will not accept the return of the router and the Customer will be charged for the router at the retail value of the router at the time of cancellation; and

3.3.4.2.         the router will no longer be insured by RSAWEB and RSAWEB will not accept responsibility for any damage or defaults.

3.3.5.     Should the Agreement be terminated after the Initial Period, the router is to be returned to RSAWEB in the same good condition as it was received. The Customer will be liable to reimburse RSAWEB should the router be damaged in any way.

3.3.6.     When returning the router to RSAWEB, the Customer is to ensure that the LAN cable, power cable and all other items included in the box containing the router are returned to RSAWEB. Should any items be missing, RSAWEB reserves the right to charge the Customer the cost thereof.

3.3.7.     In the event that your fibre network provider increases your line speed to 100 Mbps or higher, you might need an upgraded rental router to fully benefit from these enhanced speeds. As the customer, it is your responsibility to notify us if you require upgraded hardware. In such cases, we offer the following two options:

3.3.7.1.         We can coordinate a courier service to replace your current device with the upgraded router at a charge of R390 (including VAT).

3.3.7.2.         You may visit our offices and exchange the router yourself to avoid the courier fee.

3.4.  3.4 Hardware Warranty

3.4.1.     At RSAWEB, we are committed to providing our customers with top-quality hardware. However, we recognise that accidents, natural disasters, or damage from load-shedding may occur. Considering this, we have established the following hardware warranty policy:

3.4.1.1.         Please be aware that our hardware warranty does not cover damages resulting from accidents, acts of nature, or load-shedding-related damage attributable to our suppliers.

3.4.1.2.         As the customer, you are responsible for protecting the hardware. By accepting our terms and conditions, you acknowledge and agree to the following:

3.4.1.2.1.             You are liable for the full replacement cost of the hardware if it sustains damage due to load-shedding or other power-related issues.

3.4.1.2.2.             You must promptly report any loss, damage, theft, or destruction of the hardware to RSAWEB.

3.4.1.2.3.             You should take reasonable precautions to prevent loss, damage, theft, or destruction of the hardware, such as including it in your household or building insurance coverage for theft or damage.

3.4.2.     Please note that RSAWEB is not liable for any defects that may occur in hardware provided by you.

4.     MOVING PREMISES

4.1.  The Customer agrees that, should it move premises and wish to change the location where the fibre line is installed, the Customer shall apply to RSAWEB in writing for such a change by logging a ticket and following the prompts. Moving your line does require cancellation at the current location and a new order at the new location.

4.2.  Upon receipt of such a request, RSAWEB shall procure that the relevant FNO conducts a feasibility study as to the possibility of accommodating such a request and the costs associated with such a relocation.

4.3.  RSAWEB shall, after receiving the relevant information, inform the Customer whether the relocation of the fibre line can be accommodated and, if so, the cost associated therewith.

4.4.  Should RSAWEB not be able to relocate the fibre line, unless the Customer is able to successfully cede his / her rights and delegate his / her obligations under this Agreement to the new occupier of the premises at which the fibre line was originally installed, the fibre line will continue to be provided at such location and this Agreement shall not be affected by the Customer’s relocation and the Customer shall remain liable for all charges associated with the fibre line until this Agreement is terminated in accordance with its terms.

4.5.  Should RSAWEB be able to relocate the Customer’s fibre line, the Customer shall provide RSAWEB with a written confirmation as to whether the Customer accepts the quote for the costs of such relocation, failing which, the quote will lapse, and the fibre line concerned will continue to be provided at the location originally installed and on the same terms and conditions.

4.6.  If a customer wishes to move their fibre service to a new residential address, they must terminate their existing service and sign up for the relocation service.

4.7.  If a customer relocates by cancelling their old service and ordering a new service, they must bring their current router to the new location. Please be aware that by choosing to take the router along, the customer will not be able to use it at the previous residence, and the subsequent tenant will need to acquire a new router for their own use.

4.8.  Should the Customer accept the quote for the costs of relocation in writing, RSAWEB shall proceed to implement the relocation and will notify the Customer as to the date upon which the fibre line concerned is available for use by the Customer at the new location.

4.9.  All the remaining terms of this Agreement, including but not limited to the Initial Period, in respect of any fibre line which has been moved to a different location in terms of this clause, shall remain unaffected by the change of the location of the fibre line concerned.

5.     UPGRADES AND DOWNGRADES

5.1.  An application by the Customer to change the bandwidth range or technical characteristics of an existing FTTH line from that which was originally reflected in the Customer’s order, shall be regarded as an application to upgrade (to a higher bandwidth) or downgrade (to a lower bandwidth) and not as an application to terminate the Services and Products.

5.2.  A once-off fee for downgrades to lower bandwidth will be charged in addition to the amended subscription fibre line charges.

5.3.  In the event that the Customer applies for an upgrade or downgrade, RSAWEB shall effect the necessary changes to the FTTH line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.

6.     EQUIPMENT AND SOFTWARE

6.1.  Except for Equipment that the Customer has paid for in full, all Equipment installed or provided by RSAWEB, shall remain the property of RSAWEB and the Customer agrees that:

6.1.1.     he/she will take reasonable care of such Equipment;

6.1.2.     he/she will not sell, lease, mortgage, transfer, assign or encumber such Equipment;

6.1.3.     he/she will not relocate such Equipment without RSAWEB’s knowledge and permission;

6.1.4.     he/she will inform, if applicable, his / her landlord that such Equipment is owned by RSAWEB and therefore not subject to the landlord’s hypothec;

6.1.5.     he/she will return the Equipment to RSAWEB at the termination of this Agreement at the Customer’s expense.

6.2.  Should the Equipment be lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered, or not returned to RSAWEB, the Customer agrees to pay RSAWEB the reasonable value of such Equipment, together with any costs incurred by RSAWEB in seeking possession of such Equipment.

7.     DISCOUNTS & PROMOTIONAL OFFERS

7.1.  If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; price cut promotions, early bird special, switch special) received during their initial 12 month period with RSAWEB.

7.2.  RSAWEB reserves the right to terminate, extend or amend promotional offers at any time and will provide reasonable notice of such termination as the circumstances require.

7.3.  Unless otherwise stated multiple (two or more) promotions cannot be used in conjunction with other promotional offers such as but not limited to; price cut promotions, early bird specials, and switch specials.

7.4.  Unless otherwise stated, promotions are for new orders only, existing customers cannot cancel existing orders and reapply in order to receive the promotional offer.

7.5.  RSAWEB will not be held liable for customers failing to correctly input promotional codes during the ordering process, subsequently resulting in the customer not receiving the promotional offer.

7.6.  Free WiFi assessment Onsite support for critical issues is at the sole discretion of RSAWEB and is only available in Cape Town and Johannesburg areas. For remote support please call us on 087 4700 000, chat with us on Live Chat or Log a ticket for Technical Support.

7.7.  Referral Program / Refer a friend Promotion: You can earn credits for every successful referral of Fibre or Fixed LTE services. Your referred friend will receive a R150 credit for Fibre or a R75 credit for Fixed LTE upon activation. You’ll receive a R300 credit for each successful Fibre sign-up and R150 for each Fixed LTE sign-up, credited to your account once your friend is connected and has made payment. The program is open to active customers only, and credits are non-transferable, not redeemable for cash, and limited to genuine new customer referrals. The company reserves the right to change or withdraw the promotion at any time.

7.8.  ERRORS & OMISSIONS EXCEPTED (E&OE).

7.9.  Should the customer unjustifiably benefit from a promotional discount as advertised or in any other manner in terms of the Agreement, the customer has a duty to immediately notify RSAWEB of the incorrect billing. Further, the customer agrees to fully reimburse RSAWEB for all amounts due and payable to it.

7.10.               Where 2 consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.

CloudDNA

CloudDNA Cancellation Terms Addendum

• If the service is cancelled within 24 months of activation, standard cancellation fees will apply.
• If the service remains active for 24 consecutive months or more, cancellation fees will not be charged.

RSAWEB Cape Town Triathlon Prize Winner - Standard

Standard Race Winners – As a winner of the Standard Race format, you’ll receive a 100/100Mbps fibre line on the Octotel network (subject to coverage), completely free for 6 months. There are no installation or setup fees, as RSAWEB and Octotel have covered these costs.

• The prize is non-transferable for cash and is valid only where RSAWEB has coverage on the Octotel network.
• If you do not reside in an Octotel-covered area, you may gift your prize to a family member or friend within a coverage area.
• After 6 months, you may continue your service at your own cost, with no additional setup fees.
• The included router remains the property of RSAWEB and must be returned if the service is not continued.

Vumatel Core Black Friday 2024 T&Cs

Promotional Period

• The promotional period is valid from 29 November to 6 December 2024.
• Orders must be successfully placed and accepted by Vumatel before midnight on 6 December 2024 to qualify.
• Any delay in order placement, including delays caused by current ISP line releases, will render this promotion invalid.

Eligibility

• This promotion is available exclusively to new customers and/or new orders.
• Existing RSAWEB customers are excluded from this promotion.
• Any delays in order placement, including delays caused by line releases from a current ISP, will void the promotion.

Discounts and Pricing Structure

• Customers participating in this promotion will receive a discounted promotional rate for the first three months, which includes any applicable pro-rata charges.

After the first three months:

• A reduced standard rate will apply for the next nine months.
• After the 12-month promotional period, regular standard pricing will take effect.

Promotion Conditions

• Customers participating in this promotion will receive the discounted rate only as outlined in the above section, (see Discounts and Pricing Structure).
• Regrades during the promotional period will invalidate this promotion.
• Standard pricing adjustments or increases will apply after the 12-month promotional period ends.

General Terms

• This promotion is only available for Vumatel Core services.
• Discounts are non-transferable and cannot be exchanged for cash or other benefits.
• RSAWEB reserves the right to amend or withdraw this promotion at any time without prior notice.
• By participating in this promotion, customers agree to these terms and conditions and RSAWEB's standard service terms.

Customer Support For any service issues, technical support, or queries, please contact RSAWEB customer service here.

MFN MDU Exclusive Promotion

Take Down Notifications

We will be notified if someone reports an illegal website hosted on our systems.  In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) RSAWEB has designated the Internet Service Providers’ Association as an agent to receive notifications of infringements as defined in Section 77 of the Act.  For further details contact the Internet Service Providers’ Association  – Internet Service Providers’ Association (ISPA)  – Address: PO Box 518, Noordwyk, 1687  – Telephone: 010 500 1200  – Fax: 086 606 4066  – Take-down notice email: complaints@ispa.org.za  – Take-down notice information and form: https://ispa.org.za/tdn/ 

1. Traffic to the website is uncapped, subject to the other terms in this agreement. 
2. Once the allocated disk space of a package has been reached, over usage rates will be in effect. 
3. In addition to RSAWEB’s Terms and Acceptable Use Policy contained in the General Terms, the following conditions apply: 3.1 Shared Webhosting services are intended for the hosting of typical website content, to serve the needs of the normal operation of a personal or small home business website. 3.2 The service is not intended to support the sustained demand of medium to large enterprises or non-typical applications better suited to a dedicated/cloud server. 3.3 Disk Space is not intended for online file storage or archiving electronic files, documents, log files, backups, other non-web based content or FTP hosts, all of which is prohibited. 3.4 All password-protected archive (zip and rar) files not acceptable on RSAWEB servers. 3.5 All downloadable files or files stored on the Server must be directly related to the general nature of the Website index. All files on a Domain must be part of the active Website and linked to the site. 3.6 Shared Webhosting and Database Disk Space are intended to accommodate the files necessary for publishing a website. Storage, exchange and download of additional files within the Customer’s web hosting space, in a peer-to-peer arrangement or for any other purpose is not allowed. 
4. Domain Renewal 4.1 RSAWEB will register a domain for a specified initial period, i.e., 12 months 4.2 After the initial period, the customer is solely responsible to renew the domain at the end of the initial period, and subsequent periods thereafter, until such a time that the domain is cancelled or transferred by the customer. 4.3 Domains set to auto-renew, will also be the responsibility of the customer. Should the auto-renewal process fail, the customer must inform RSAWEB of the failure. 4.4 RSAWEB will endeavour to send a courtesy reminder to the customer via electronic communication, such as, email or SMS. Such reminders are a courtesy and in no way transfer responsibility of renewing the domain from the customer to RSAWEB. 4.5 Should a reminder fail to reach or failed to be issued to the customer, this will not constitute a breach of the agreement, as it is a courtesy. 4.6 Customers registering domains are responsible to note the date of the domain registration and ensure the renewal is effective. Customers with renewal queries should contact our Service Desk

Copyright Notice

Please don’t pirate any content from our website for financial benefit.  Notice specific to copyrighted material owned my RSAWEB CC hereby gives you permission to retrieve, store, cite or refer to or print material from this website only for educational, non-commercial or personal use.  You are not permitted to reproduce, publish, perform, broadcast, make an adaptation of, sell, let or offer or expose or hire any copy of the materials without the prior written permission of RSAWEB CC  Copyright Notice: © RSAWEB. All rights reserved. 

Internet Service Provider Association (ISPA)

We are formally recognised as compliant by the Internet Service Providers Association. The Internet Service Providers Association (ISPA) is a South African Internet industry body not for gain. ISPA is a voluntary organisation, representing the interests of its members. Visit their website here. (http://ispa.org.za/code-of-conduct/)  

PAIA and POPI manual

This manual was prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 (‘PAIA’) and to address requirements of the Protection of Personal Information Act 4 of 2013 (‘POPI’). This POPI & PAIA manual applies to RSAWEB Pty Ltd Registration Number: CK 2012/193994/07 (“RSAWEB”) Registered Office Address: 4th Floor, The Point, 76 Regent Road, Sea Point, Cape Town, South Africa No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without express written permission of: RSAWEB PTY Ltd 4th Floor, The Point, 76 Regent Road, Sea Point, Cape Town, South Africa RSAWEB Pty Ltd is committed to on-going research and development to track technological developments and customer needs in the market. Consequently, information contained in this document may be subject to change without prior notice. 1. Introduction PAIA The Promotion of Access to Information Act, 2000 (the “PAIA”) grants the public the right to make a request to access records held by private bodies and the government, if such information is required in the exercise and/or protection of any Constitutional 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. POPI RSAWEB processes personal information of its employees, members, clients and other data subjects from time to time. As such, it is obliged to comply with the Protection of Personal Information Act No. 4 of 2013 (“POPI”) as well as the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”). This manual, in addition to its privacy policy, is RSAWEB’s commitment to protecting its members’ / clients’ /supplier’s / employees’ and other data subjects’ privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws. Nature of Business The RSAWEB Pty Ltd (hereinafter, the ‘Company’) is an ICASA Registered Internet Services Provider, holding both IECS & IECNS licenses. Information Officer details All PAIA requests should be submitted to: RSAWEB Information Officer: Wian Heath Physical Address: Suite 401, 4th Floor The Point Office 76 Regent Road Sea Point Western Cape, 8060 Postal Address: PO BOX 12768, Mill Street, Cape Town, 8010 Telephone Number: 087 470 00 00 Email Address: POPIA@rsaweb.net 3. Requesting Access To Records Held By RSAWEB A requester can be a natural person/ juristic entity who submits a request for access to a record held by RSAWEB. In this regard, the Act distinguishes between two types of requesters: 3.1 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 PAIA/ the Act and applicable law, RSAWEB will provide the requested information, or give access to any record about the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by RSAWEB. 3.2 Third party requester This requester (is someone other than a personal requester) and is entitled to request access to information pertaining to a third party/ ies. However, RSAWEB is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of PAIA/ the Act, which includes notifying the third party that such a request has been made. The prescribed fee for reproduction of the information requested will be charged by RSAWEB. 3.3 Request Procedure A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. For instance, RSAWEB may only process your request once the requirements in terms of PAIA have been met. A requester may submit a request in the prescribed Form and submit it to our Information Officer. The prescribed request form must be filled in with enough information to at least enable the information officer to identify: • The record or records requested • The identity of the requester • What form of access is required • The postal address or email address of the requester. A requester must state that he or she requires the information 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. RSAWEB will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that this 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 way it is 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. 3.4 Decision 3.4.1 The Information Officer will, within 1 calendar month (30- day) of the date of receipt of the request, decide whether to grant or decline the request. 3.4.2 The 30-day period may be extended for a further period if the request is for a large amount of information or the request requires a search for information held at another office of RSAWEB and the information cannot reasonably be obtained within the original 30-day period. The Information Officer will notify the Requester in writing should an extension be sought. 3.5 Grounds For Refusal Of Access To Records In Terms Of PAIA: The following are the grounds on which RSAWEB may, subject to the exceptions contained in Chapter 4 of PAIA, refuse a Request for Access in accordance with Chapter 4 of PAIA: 3.5.1 Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable. 3.5.2 Mandatory protection of the commercial information of a third party, if the Records contain: a) Trade secrets of that third party; b) Financial, commercial, scientific, or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or c) Information disclosed in confidence by a third party to RSAWEB, the disclosure of which could put that third-party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition. 3.5.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement. 3.5.4 Mandatory protection of the safety of individuals and the protection of property. 3.5.5 Mandatory protection of Records that would be regarded as privileged in legal proceedings. 3.5.6 Protection of the commercial information of RSAWEB, which may include: a) Trade secrets; b) Financial/commercial, scientific, or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of RSAWEB; c) Information which, if disclosed, could put RSAWEB at a disadvantage in contractual or other negotiations or prejudice RSAWEB in commercial competition; and/or d) Propriety software which are developed and ow, and which are protected by copyright and intellectual property laws. 3.5.7 Research information of RSAWEB or a third party, if such disclosure would place the research or the researcher at a serious disadvantage, and 3.5.8 Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources. 3.6 Remedies Available To The Requester Upon Refusal Of A Request For Access Of PAIA After submitting a complaint in the prescribed form provided in this Manual, and where RSAWEB is unable to resolve your complaint within one month (or extended period), to your satisfaction, you have the right to refer your complaint to the below details. 3.6.1 Internal remedies RSAWEB does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and Requesters will have to exercise such external remedies at their disposal if the Request for Access is refused. 3.6.2 External remedies Any person wishing to lay a matter of concern or complaint may do so at the Information Regulator of South Africa. Website: www.inforegulator.org.za Email: enquiries@inforegulator.org.za In respect of European Data Subjects at: The supervisory authority, in the Member State of your habitual residence, place of work or place of the alleged GDPR infringement. See link that provides details of the list of supervisory authority’s details: https://edpb.europa.eu/aboutedpb/board/members_en 3.7 Availability Of This Manual 3.7.1. This Manual is available for inspection by the public, upon request, during office hours and free of charge at RSAWEB’s offices. 3.7.2. This Manual is also published on RSAWEB’s website www.rsaweb.co.za 4. Fees The Act provides for two types of fees: 1. A request fee, (which will be a standard fee) When a request is received by the information officer of RSAWEB, 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 can take place. If a search for the information is necessary and the preparation and disclosure of the information for disclosure, requires more time than prescribed in the regulations for this purpose, the information officer shall notify the requester to pay as a deposit if the request is granted. The information officer shall withhold information until the requester has paid the fee or fees indicated. 2. Reproduction/ Access fee A requester whose request for access to information has been granted, must pay an access fee reproduction, for search, preparation, and for any time more than the prescribed hours to prepare the information for disclosure including making arrangements to make it available in 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. Below is a guideline for reproduction fees:  

Item	Description	Amount
1.	Request fee payable by every requester	R140.00
2.	Photocopy or printed black & white copy for every A4 page	R2.00 per page or part of the page
3.	Printed copy of A4-size page	R2.00 per page or part of the page
4.	For a copy in a computer-readable form on: – a flash drive (provided by the requester) – a compact disc (CD) if the requester provides the CD to us – a compact disc (CD) if we give the CD to the requester	R40.00 R40.00 R60.00
5.	For a transcription of visual images for an A4-size page or part of the page	This service will be outsourced. The fee will depend on the quotation from the service provider.
6.	For a copy of visual images	This service will be outsourced. The fee will depend on the quotation from the service provider.
7.	For a transcription of an audio record per A4-size page	R24.00
8.	For a copy of an audio record on: – a flash drive (provided by the requester) – a compact disc (CD) if the requester provides the CD to us – a compact disc (CD) if we give the CD to the requester	R40.00 R40.00 R60.00
9.	For each hour or part of an hour (excluding the first hour) reasonably required to search for and prepare the record for disclosure.	R145.00 R435.00
10.	Deposit: if the search exceeds 6 hours One-third of the amount per request. It is calculated in terms of items 2 to 8 above.	Actual expense if any.
11.	Postage email or any other electronic transfer	Actual expense if any.

  5. Categories Of Records Held By The Company: Section 51(1)(E) 5.4 Companies Act Records 5.4.1 Company Incorporation 5.4.2 Names of Directors 5.4.3 Salaries of Directors 5.4.4 Minutes of Board Meetings 5.4.5 Records relating to the appointment of directors / auditor / secretary / public officer and other officers. 5.5 Financial Records 5.5.1 Financial Statements 5.5.2 Documents relating to taxation of the company 5.5.3 Accounting Records 5.5.4 Financial Agreements 5.6 Agreements or Contract Records 5.6.1 Standard Agreements 5.6.2 Contracts concluded with Companies 5.6.3 Contracts concluded with Customers 5.6.4 Third Party Contracts (such as Service Level Agreements etc.) 5.6.5 Suppliers Contracts 5.7 Employees 5.7.1 List of Employees 5.7.2 Personal Information of Employees 5.7.3 Employee Contracts of Employment 5.7.4 Salaries of Employees 5.7.5 Leave Records 5.8 Company Policies and Directives 5.8.1 Internal relating to employees and the company 5.8.2 External relating to clients and other third parties. 5.9 Regulatory 5.9.1 Licenses or Authorities 5.10 Customer Information 5.10.1 Customer Details 5.10.2 Contact details of individuals within Customers 5.10.3 Communications with Customers 5.11 Systems, Solutions, and Information Technology 5.11.1 Intellectual property pertaining to solutions and products developed. 5.11.2 Usage of solutions and products. 6. Protection of Personal Information (POPIA Compliance) 6.1 Conditions of Processing Chapter 3 of POPI provides for the minimum Conditions for Lawful Processing of Personal Information by a Responsible Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPI. Below is a description of the eight Conditions for Lawful Processing as contained in POPI: a) Accountability – the Responsible Party has an obligation to ensure that there is compliance with POPI in respect of the Processing of Personal Information. b) Processing limitation – Personal Information must be collected directly from a Data Subject to the extent applicable; must only be processed with the consent of the Data Subject and must only be used for the purposes for which it was obtained. c) Purpose specification – Personal Information must only be processed for the specific purpose for which it was obtained and must not be retained for any longer than it is needed to achieve such purpose. d) Further processing limitation – further processing of Personal Information must be compatible with the initial purpose for which the information was collected. e) Information quality – the Responsible Party must ensure that Personal Information held is accurate and updated regularly and that the integrity of the information is maintained by appropriate security measures. f) Openness – there must be transparency between the Data Subject and the Responsible Party. g) Security safeguards – a Responsible Party must take reasonable steps to ensure that adequate safeguards are in place to ensure that Personal Information is being processed responsibly and is not unlawfully accessed. h) Data Subject participation – the Data Subject must be made aware that their information is being processed and must have provided their informed consent to such processing. 6.2 Purpose of the Processing of Personal Information by RSAWEB As outlined in paragraph 6.1(c), Personal Information may only be Processed for a specific purpose. The purposes for which RSAWEB processes or will process Personal Information is in line with the Act and with the informed consent of all parties. 6.3 Categories of Data Subjects and Personal Information/special Personal Information relating thereto. As per section 1 of POPI, a Data Subject may either be a natural or a juristic person (persons who are deceased are not covered in terms of this definition). The Privacy Policy sets out the various categories of Data Subjects that RSAWEB Processes Personal Information on and the types of Personal Information relating thereto. 6.4 Recipients of Personal Information RSAWEB uses safeguards both internal and external to maintain the integrity and safety of all its data subjects. Further, RSAWEB reinforces its responsibilities under POPIA by only engaging with Operators who also subscribe to POPI requirements. 6.5 Cross-Border Flows Of Personal Information Section 72 of POPI provides that Personal Information may only be transferred out of the Republic of South Africa: a) If the recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially like the Conditions for Lawful Processing as contained in POPI; or b) If the Data Subject consents to the transfer of their Personal Information; or c) If the transfer is necessary for the performance of a contractual obligation between the Data Subject and the Responsible Party; or d) If the transfer is necessary for the performance of a contractual obligation between the Responsible Party and a third party, in the interests of the Data Subject; or e) If the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject, and if it were, the Data Subject, would likely provide such consent. 6.6 RSAWEB has trans-border flows of Personal Information as described below: 6.6.1 we make use of systems hosted in European territories and Personal Information may be stored in European zones which would be subject to strict data protection laws in line with the GDPR. 6.6.2 Before signing an agreement with a third-party service provider that we are required to share Personal Information with, we ensure that their data protection standards are in line with those outlined in Information Protection Laws and request that this obligation is provided for in writing. 6.7 Description of information security measures to be implemented by RSAWEB A preliminary assessment of the information security measures implemented or to be implemented by RSAWEB may be conducted to ensure that the Personal Information is processed and is safeguarded in accordance with the Conditions for Lawful Processing 6.8 Objection to the Processing of Personal Information by a Data Subject Section 11 (3) of POPI and regulation 2 of the POPI Regulations provides that a Data Subject may, at any time object to the Processing of Personal Information and should make such objections in writing to the Information Officer. 6.9 Request for correction or deletion of Personal Information Section 24 of POPI and regulation 3 of the POPI Regulations provides that a Data Subject may request for their Personal Information to be corrected/deleted in the prescribed form on the website of the Information Regulator.