Legal

Code of Conduct

Storage
  1. In order to provide electronic communications services to its subscribers, 1 grid (Pty) Ltd. holds licences issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:
    1. ICASA Code of Conduct Regulations 2008, which sets out the minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out the minimum quality of service standards applicable to services provided by 1 grid (Pty) Ltd. to current subscribers and potential subscribers.
  2. 1 grid (Pty) Ltd. has set out its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with current subscribers and potential subscribers.
  3. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.
Key Commitments
  1. 1 grid (Pty) Ltd. makes the following key commitments and will endeavour to:
    • Act in a reasonable, fair and responsible manner in all dealings with Customers;
    • Ensure that all its services and products meet the standard specifications as contained in 1 grid (Pty) Ltd.'s licences and all the relevant laws and regulations;
    • Not unfairly discriminate against or between Customers in any way on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    • Display utmost courtesy and care when dealing with Customers;
    • Provide Customers with information regarding services and pricing;
    • Where requested to do so provide Customers with guidance with regard to their service needs; and
    • Keep the personal information of Customers confidential unless we are:
      • Otherwise authorised or required by law or order of Court;
      • In possession of written authorisation from you to do so; and/or
      • Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
  2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more comprehensively set out below.
Consumer Rights
  1. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:
    1. A right to be provided with the required service without unfair discrimination;
    2. A right to choose the service provider of your choice;
    3. A right to receive information in your preferred language. 1 grid (Pty) Ltd. will do its best to meet this request where reasonable;
    4. A right to access and question records held by 1 grid (Pty) Ltd. and which relate to your relationship with us;
    5. A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
    6. A right to port a number in terms of applicable regulations;
    7. A right to lodge a complaint; and
    8. A right to redress.
Availability of Information
  1. Information relating to:
    1. Our range of services / products on offer;
    2. Tariff rates applicable to each service offered;
    3. Terms and conditions applicable to such services / products;
    4. Payment terms;
    5. Billing, billing processes and our Billing Dispute Handling Procedure;
    6. Complaints Handling Procedure, and
    7. Relevant contact details can be obtained from our website (www.1-grid.com) or by email request tosupport@1-grid.com (no charge payable) and is available for inspection at our offices during Business Hours.
Vetting of Applications and Use of registered Credit Bureaus
  1. Where applicable, we solely reserve the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux. You consent to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act of 2005.
Written Terms and Conditions of Service
  1. We will provide you with a copy of the written Terms and Conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written Terms and Conditions thereof will be provided to you within 7 Business Days.
  2. Where we affect alterations to the Terms and Conditions of our service to you we will inform of such alterations within a reasonable and fair period.
Minimum Standards for the Services offered by 1 grid (Pty) Ltd.
  1. Subject to events and conduct beyond its reasonable control, 1 grid (Pty) Ltd. will:
    1. provide a minimum of 95% network service availability measured over 6 months;
    2. provide a minimum of 95% service availability measured over 6 months;
    3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within 30 Business Days while meeting the balance of requests within 40 Business Days;
    4. provide full reasons to you where we are not able to meet your request for service within these time periods;
    5. attain a 90% success rate within 7 Business Days in meeting requests for activation of a service while meeting the balance of requests within 15 Business Days;
    6. provide full reasons to you, if possible, where we are not able to meet your request for activation within these time periods;
    7. maintain an average of 90% fault clearance rate for all faults reported within 3 days, with the balance to be cleared within 6 Business Days of the reporting of the fault;
  2. Customers acknowledge that 1 grid (Pty) Ltd. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that 1 grid (Pty) Ltd. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
  3. Customers acknowledge that 1 grid (Pty) Ltd. is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above and that 1 grid (Pty) Ltd. cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.
Miscellaneous
  1. Any queries relating to this Code of Conduct should be sent tosupport@1-grid.com
  2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of 1 grid (Pty) Ltd.'s services and products and is incorporated therein.

Disclaimer

Thank You For Taking The Time To Read Our Disclaimer

1 grid (Pty) Ltd, at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this Website at anytime. By using this service, the user waives any rights or claims it may have against 1 grid (Pty) Ltd., regarding such changes. Without limiting the foregoing, 1 grid (Pty) Ltd. shall not be liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Hereby, each party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the 1 grid (Pty) Ltd. website. 1 grid (Pty) Ltd. forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is 1 grid (Pty) Ltd. making any representation or warranty regarding any third party’s products or services, nor will 1 grid (Pty) Ltd. be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against 1 grid (Pty) Ltd. with respect to third party products and services, to the maximum extent allowable by law.

Online Advertising Terms and Conditions

1 grid (Pty) Ltd. provides Pay Per Click (PPC) services as specified in this agreement.

The Customer Understands And Acknowledges The Following:

  1. Advert positions might change from time to time.
  2. 1-grid (Pty) has no control over other parties bidding more on the same or similar keywords which may influence the Customer’s advert position.
  3. 1 grid (Pty) Ltd. has no control over search engines and cannot provide any guarantee that any of the search engines will or will not change their algorithms in such a way that may have a detrimental effect on the ranking of the website.
  4. 1 grid (Pty) Ltd. maintains a tiered product and pricing structure. Should the Customer’s advertising spend go over their selected tier, 1 grid (Pty) Ltd. reserves the right to increase the Customer’s payment amount to 1 grid (Pty) Ltd., in line with the tier that their chosen spend denoted.
  5. The display times for adverts to appear on Google OR other search engines may change. 1 grid (Pty) Ltd. cannot guarantee that the Customer’s advert will appear immediately on a search engine or that the advert’s position will change straight away from previous campaigns that 1 grid (Pty) Ltd. was not managing.
  6. 1-grid (Pty) accepts no responsibility for any detrimental effect to the success of a campaign should the Customer’s website change without warning. The Customer understands that changing their website in anyway without informing 1-grid (Pty) will have a detrimental effect on the success of the campaign being managed by 1-grid (Pty).
1 grid (Pty) Ltd. provides Pay Per Click (PPC) services as specified in this agreement.

1 grid (Pty) Ltd. Shall Not Be Liable To The Customer For:

  1. Any loss of revenue or contractual agreements between the Customer and their supplier or profits.å

Competitions and Promotions

Disclaimer
  1. 1-grid (Pty) Ltd. reserves the right to cancel, change or modify any of terms and conditions contained in this agreement without notice.
  2. Unless explicitly stated otherwise, discounts applied to products or services that are normally billed monthly or annually will be applied to the first billing instance only, i.e. Month 1 or Year 1.
  3. Competitions and promotions shall run from the time and date specified in relevant media, and similarly, shall close at the time and date specified in relevant media. Unless explicitly stated otherwise, times and dates are set to SAST (South African Standard Time).
  4. Entries, applications, purchases or requests received before the opening or after the closing of the stated competition or promotional period will be invalid and will not be processed.
  5. Competition entries will be judged or winners selected on the basis of criteria specified in relevant media in relation to the competition.
  6. The judges' decision in respect to all matters to do with competitions will be final and no correspondence will be entered into.
  7. Competition prizes are non-transferrable and may not be exchanged for cash. Prizes are subject to availability and 1-grid (Pty) Ltd. reserves the right to substitute any prize with another of equal value.

Protection of Minors

The below websites contain information and applications for protecting minors from problematic online content:

  1. Cyberangels: The world’s oldest and largest Internet safety organisation.
  2. GetNetwise: An organisation that educates parents and children about how to use the Internet safely.
  3. Enough.org: An organisation that protects children in cyberspace.
  4. SafeKids.com: A platform that makes your family’s online experience fun and productive.
  5. WiredSafety: The first online safety, education, and help group in the world focused on kids and teens.

Use of Website

Terms and Conditions for Use of Website
    1. Use of this website, strictly at the sole risk of the user, constitutes acceptance of these Terms and Conditions which, thereafter, constitute a binding agreement (“the/ this Agreement”) between 1 grid (Pty) Ltd. and the user.
    2. 1 grid (Pty) Ltd. may, at its discretion, amend these Terms and Conditions from time to time, at which time these will be brought to the attention of users and immediately become binding on such users where they continue to use the website after such alterations have been brought to their attention.
Amendments to Content and Information
    1. The website owner expressly reserves the right, in its sole discretion, to amend or alter the content and information, including pricing and rates, set out in this website.
    2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration made.
Owner Information & Required Disclosures under Section 43 of the ECT Act

Website owner: 1 grid (Pty) Ltd.Registered Number: 2013 / 178358 / 07VAT Number: 9434625175Directors: M Patterson Phone: 021 200 1200Fax: 021 413 1111E-mail: support@1-grid.comWeb site: www.1-grid.com

Registered Address:8 Wessex Road360 Office Building Paarden Eiland Cape Town7420

No Offer

Users should regard nothing contained in this website as an offer, but rather as an invitation to do business.

Disclaimers
  1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. 1 grid (Pty) Ltd. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
  2. Subject to Chapter 7 of the ECT Act, 1 grid (Pty) Ltd., its officers, employees, suppliers, resellers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this website.
  3. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, 1 grid (Pty) Ltd. disclaims all responsibility or liability for any damages, including but not limited to, direct, economic, loss of profits or consequential loss, resulting from the use of this site in any manner by any user.
  4. 1 grid (Pty) Ltd. has no control over third party content and features which may be accessed through the use of this website and does not examine or alter such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law, the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.

Website Design

Website Design Terms and Conditions

With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by 1 grid (Pty) Ltd. “Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to 1 grid (Pty) Ltd., “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than 1 grid (Pty) Ltd., and licensed by 1 grid (Pty) Ltd. or generally available to the public, including the Customer, under published licensing terms, and that 1 grid (Pty) Ltd. will use in the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to 1 grid (Pty) Ltd.

The graphics utilised from the graphics library of 1 grid (Pty) Ltd. (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. 1 grid (Pty) Ltd. will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, 1 grid (Pty) Ltd. will deliver the Customer’s source files and database script, if applicable, at a predetermined price, indicated upon request from the Customer, for the source code. The Customer will be required to remit full payment of the fees prior to 1 grid (Pty) Ltd. providing the information via a method agreed upon between 1 grid (Pty) Ltd. and the Customer. Further, 1 grid (Pty) Ltd. will bill pro-rata from the time of signup.

1 grid (Pty) Ltd. reserves the right to refuse any material that it considers offensive.

Definitions:

Review

Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if 1 grid (Pty) Ltd. does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, 1 grid (Pty) Ltd. will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. Please be aware that you will only be permitted to request one set of changes after you have received the first draft of your website, unless the update is due to a fault of ours. Any further changes will need to be addressed during your monthly update requests.

Deployment

Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to 1 grid (Pty) Ltd. during a review process (5 days after the first presentation), 1 grid (Pty) Ltd. will accept the customer’s silence as assent to deploy their website.

Free Domain

Free Domain – this applies to only .co.za & .com domain registrations free for the first year, thereafter renewal fees has to be paid.

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