Terms and conditions

We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business, so we'll try and keep them as straightforward as possible.

Terms and Conditions

General

1 grid (Pty) Ltd. reserves the right to change or modify any of the terms and conditions contained in this agreement.

This is an agreement between you and 1 grid (Pty) Ltd. regarding your use of 1 grid (Pty) Ltd.’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).

This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.

In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

Backups

All 1-grid Managed Servers and any other 1-grid products that include backups are automatically backed up daily.

It is important to note that customers can restore up to the previous 7 days of backup data. Please note that 1-grid does not guarantee backups, and any critical data which you cannot afford to lose should have additional copies made that are stored locally. Any client that cancels or terminates their services with 1-grid will have all data removed from our servers after 7 days from the date of cancellation/termination.

Acceptable Use Policy By using 1 grid (Pty) Ltd.’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

You are expected to use 1 grid (Pty) Ltd.’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
1 grid (Pty) Ltd.’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc. 1-grid Pty Ltd strictly prohibits and opposes any propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm by any person.
Due to the nature of a shared web hosting environment, 1 grid Services (PTY) LTD. reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.
The 1 grid (Pty) Ltd. shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
1 grid (Pty) Ltd. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and 1 grid (PTY) LTD. fully and solely reserves its rights in this regard.

Interpretation

The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. 1 grid (Pty) Ltd. reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:
1. unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;
2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
3. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
It is in violation of 1 grid (Pty) Ltd.’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:
1. To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
2. To send unsolicited mass emails, if such emails provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a 1 grid (Pty) Ltd. provided server, or using a 1 grid (Pty) Ltd. provided server as a maildrop for responses;
4. To falsify user information provided to 1 grid (PTY) LTD. or to other users of the service in connection with use of a 1 grid (Pty) Ltd. service.
We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

Determination of a Breach of This Policy

1 grid (Pty) Ltd. will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

Consequences of Breach of This Policy

When 1 grid (Pty) Ltd. becomes aware of an alleged violation of its AUP (Acceptable Use Policy), 1 grid (PTY) LTD. will initiate an investigation (within 24-48 hours). During the investigation 1 grid (Pty) Ltd. may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, 1 grid Services (PTY) LTD. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, 1 grid (Pty) Ltd. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, 1 grid (Pty) Ltd. will notify the appropriate law enforcement department of such violation.
1 grid (PTY) LT.D does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
You shall be held liable for any and all costs incurred by 1 grid Services (PTY) LTD. as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that 1 grid Services (PTY) LTD. personnel must spend to investigate any violations.

Modification

1 grid (Pty) Ltd. may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
1 grid (Pty) Ltd. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations 1 grid (Pty) Ltd.’s Policy may contact via email: abuse@1-grid.com

Disclaimers and Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:
1. access delays or access interruptions;
2. data non-delivery or data mis-delivery;
3. acts of God;
4. the unauthorised use or misuse of your account identifier or password;
5. errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
6. the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Subject always to the provisions of the CPA, to the extent that it is applicable, 1 grid (Pty) Ltd.’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. 1 grid (Pty) Ltd. expressly disclaims any representation or warranty that the 1 grid (Pty) Ltd. services will be error-free, secure or uninterrupted.
No oral advice or written information given by 1 grid (PTY) LTD., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
1 grid (Pty) Ltd. will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

You agree to indemnify and hold 1 grid (Pty) Ltd. harmless from any and all Claims resulting from or connected with any activities conducted by you. You and 1 grid (Pty) Ltd. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. 1 grid (Pty) Ltd. reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or 1 grid (Pty) Ltd.’s then current Acceptable Use Policy, in the sole and absolute opinion of 1 grid (Pty) Ltd.
1 grid (Pty) Ltd. will not change passwords to any account without proof of identification, which is satisfactory to 1 grid (Pty) Ltd., which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that 1 grid (Pty) Ltd. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will 1 grid (Pty) Ltd. be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless 1 grid (Pty) Ltd. from any and all Claims arising from such ownership disputes.
You agree to indemnify and hold 1 grid (Pty) Ltd. and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by 1 grid (Pty) Ltd. The terms of this Section will survive any termination of this Agreement.
You agree not to harm 1 grid (Pty) Ltd., its reputation, computer systems, programming and/or other persons using 1 grid Services (PTY) LTD.’s services.
The terms of this Section will survive any termination of this Agreement.

Variation of Services

You agree that 1 grid (Pty) Ltd. may establish certain limits concerning use of any 1 grid (Pty) Ltd. service offered on any 1 grid (Pty) Ltd. website including, without limitation, the maximum number of days that email messages will be retained by any 1 grid (Pty) Ltd. service, the maximum number of email messages that may be sent from or received by an account on any 1 grid (Pty) Ltd. service, the maximum size of an email message that may be sent from or received by an account on any 1 grid (Pty) Ltd. service, the maximum disk space that will be allotted on 1 grid (Pty) Ltd.’s servers on your behalf either cumulatively or for any particular service. You agree that 1 grid (Pty) Ltd. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any 1 grid (Pty) Ltd. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any 1 grid (Pty) Ltd. service may change at any time.
1 grid (Pty) Ltd. reserves the right to select the server for your website for best performance. You understand that the services provided by 1 grid (Pty) Ltd. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then 1 grid (Pty) Ltd. has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of 1 grid (Pty) Ltd.

Passwords

You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of 1 grid (Pty) Ltd. services, including any damages resulting there from, until you notify 1 grid (Pty) Ltd.’s customer service.
The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on 1 grid (Pty) Ltd.

Assignment of IP Addresses

1 grid (Pty) Ltd. assigns you an Internet Protocol address in connection with your use of the 1 grid (Pty) Ltd. services, the right to use that Internet Protocol address will remain with and belong only to 1 grid (Pty) Ltd., and you will have no right to use that Internet Protocol address except as allowed by 1 grid (Pty) Ltd. in its sole and absolute discretion.

General Provisions

This Agreement constitutes the entire agreement between you and 1 grid (Pty) Ltd. with respect to the 1 grid (Pty) Ltd. services and supersedes all prior agreements between you and 1 grid (Pty) Ltd. 1 grid (Pty) Ltd. reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the 1 grid (Pty) Ltd. services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
1 grid (Pty) Ltd.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
Save where otherwise provided for in this Agreement, if you:
1. fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or
2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
4. commit any act which if committed by a natural person would constitute an act of insolvency;
5. become insolvent;
6. compromise or attempt to compromise generally with any of your creditors;
7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment;
8. you have acted (or failed to act, when action is required) in a criminal manner or in violation of any law or regulation; or in a manner that may be considered offensive or abusive to 1-grid (Pty) Ltd (including 1-grid’s reputation or goodwill) or its staff;
9. you have failed to provide any information or assistance that 1-grid (Pty) Ltd has requested from you;
10. your use of the Service has or may negatively impact any other 1-grid (Pty) Ltd customers.
1 grid (Pty) Ltd. shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to 1 grid (Pty) Ltd.’s right to claim damages.
The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
You consent to the jurisdiction of the South African courts.
The 1 grid (Pty) Ltd. services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

Billing Terms of 1 grid (Pty) Ltd.

General

1 grid (Pty) Ltd. will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
Accounts are due 7 days before the date reflected on the invoice presented by 1 grid (Pty) Ltd (“Due Date”). Where 1 grid (Pty) Ltd has been authorised by you to collect funds on your behalf, 1 grid (Pty) Ltd reserves the right to do so within seven days before the due date. 1 grid (Pty) Ltd retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of its customers as and when it sees fit.
1 grid (Pty) Ltd. products and services are not pro-rated.
1 grid (Pty) Ltd. will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by 1 grid (Pty) Ltd. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Effect of Non-payment

In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that 1 grid (Pty) Ltd. has in terms of this Agreement or in law, 1 grid (Pty) Ltd. reserves the right to hold you liable for the total amount due pursuant to such invoice.
Interest of 2% per month may be charged on all overdue accounts.
1 grid (Pty) Ltd. may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or 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 in accordance with section 6, the full outstanding balance becomes due and payable immediately.
If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.
If you neglect to pay the amount due in full, 1 grid (Pty) Ltd. will submit the full overdue 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 your own account.
In the event of suspension due to non-payment, 1 grid (Pty) Ltd. reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
Please note that admin fees apply in the event that your account is suspended due to non-payments.
If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Domain Rescue Fees

Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.
Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.
Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

Payment Methods and Fees

1 grid (Pty) Ltd. accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments. 1 grid (Pty) Ltd. runs debit orders once a week.
A processing fee (incl. VAT) is charged on all returned debit orders.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

1 grid (Pty) Ltd. will only refund a customer in the event of their account having a credit balance.
1 grid (Pty) Ltd. will process authorised refunds to customers every Wednesday.

Cancellations

Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.
Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
Users may not cancel a service and sign up for the same service again in order to make use of a new customer discount. In the event a user attempts to do this, the discount will be reversed.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
Example: Changing from a Linux Large account at R199 to a Linux Medium account at R79 would be considered a downgrade.

We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

Dispute Resolution

General Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.
In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.
You are required to direct a general complaint to support@1-grid.com. The complaint is required to be accompanied by the following;
- Your full particulars and contact details;
- Your relationship with 1 grid (Pty) Ltd. and any customer reference which may be applicable;
- A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and
- Any relevant evidence or documentation you wish to submit in support of your complaint.
- Under the ICASA Code of Conduct Regulations 1 grid (Pty) Ltd. is required to:
- Acknowledge receipt of your complaint within 3 Business Days; and
- Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of Complaints to ICASA

If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
ICASA can be contacted in the following ways:
1. email: consumer@icasa.org.za
2. to find contact details of ICASA in your area, please visit: https://www.icasa.org.za/pages/contact-us
Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

Billing Dispute Resolution

Purpose of this Procedure

This Procedure sets out the obligations of 1 grid (Pty) Ltd. and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.
1 grid (Pty) Ltd.’s Billing Dispute Handling Procedure is intended to service both the Customer and 1 grid (Pty) Ltd.’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
Definitions
- “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
- “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
- “Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
- “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
- “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
- “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to 1 grid (Pty) Ltd. by the Due Date of the Invoice.
For the avoidance of doubt the parties acknowledge and agree that:
1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).
2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from 1 grid (Pty) Ltd. as set out below).
3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@1-grid.com – while Complaints are dealt with under the 1 grid (Pty) Ltd. Complaints Handling Procedure.
Please note that 1 grid (Pty) Ltd. will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this Procedure

As a current or prior Customer of 1 grid, you agree to allow 1 grid to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. 1 grid requires and you agree that it be the first option in Billing Disputes. Should 1 grid receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before 1 grid has been given a chance to resolve the issue, 1 grid has the right to collect on the rendered services and any fees associated with those disputes.
Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, 1 grid (Pty) Ltd. still retains the right to collect on any rendered services or fees that are due. Should 1 grid (Pty) Ltd. be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, 1 grid (Pty) Ltd. will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

You may only withhold payment of a Disputed Amount where 1 grid (Pty) Ltd. receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

Billing Dispute Notice

A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.
1. Invoice number and date;
2. The amount in dispute (“the Disputed Amount”);
3. The amount not in dispute (“the Undisputed Amount”);
4. The full details of the dispute; and
5. Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

Under the ICASA Code of Conduct Regulations 1 grid (Pty) Ltd. is required to acknowledge receipt of your complaint within 3 Business Days.
1 grid (Pty) Ltd. shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:
1. A rejection of the Billing Dispute Notice on the basis that:
2. The Billing Dispute Notice was not received by 1 grid (Pty) Ltd. within 60 days from the date of the relevant invoice;
3. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
4. The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
5. 1 grid (Pty) Ltd. has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
6. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
7. 1 grid (Pty) Ltd. reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
8. A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist 1 grid (Pty) Ltd. in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by 1 grid (Pty) Ltd.
9. A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

If you are not satisfied with 1 grid (Pty) Ltd.’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) 1 grid (Pty) Ltd. within 3 Business Days of receiving 1 grid (Pty) Ltd.’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:
1. To ensure that SM meet to resolve the dispute within 7 Business Days of 1 grid (Pty) Ltd. receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
2. Any decision of SM will be final and binding on both parties.
3. Both parties acknowledge and agree that if 1 grid (Pty) Ltd. does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and 1 grid (Pty) Ltd. will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

If stipulated under 1 grid (Pty) Ltd.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
If stipulated under 1 grid (Pty) Ltd.’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that 1 grid (Pty) Ltd. must withdraw the disputed charge or refund a disputed charge previously paid, 1 grid (Pty) Ltd. must as soon as practicable:
1. If stipulated under 1 grid (Pty) Ltd.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that 1 grid (Pty) Ltd. must withdraw the disputed charge or refund a disputed charge previously paid, 1 grid (Pty) Ltd. must as soon as practicable:
2. Credit any Disputed Amount already paid by you.
Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and 1 grid (Pty) Ltd. will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

1 grid (Pty) Ltd. will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as 1 grid (Pty) Ltd. has reached a determination and communicated this to you.
We reserve the right, however, to take such measures immediately:
1. Where a determination of the Billing Dispute has been made and communicated to you; or
2. Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that 1 grid (Pty) Ltd. shall continue to have the right to terminate or suspend the service in accordance with 1 grid (Pty) Ltd.’s rights under the Agreement that you have with 1 grid (Pty) Ltd.
Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that 1 grid (Pty) Ltd. shall continue to have the right to terminate or suspend the service in accordance with 1 grid (Pty) Ltd.’s rights under the Agreement that you have with 1 grid (Pty) Ltd.

Confidentiality

Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
ICASA can be contacted in the following ways:
1. telephone (011) 566 3000,
2. fax (011) 444 1919 or
3. email: consumer@icasa.org.za.

Use of Account Holder information

1. Use of Account Holder information for promotional purposes

1 grid (Pty) Ltd. may include your name and contact information in directories of 1 grid (Pty) Ltd.’s service subscribers for the purpose of promoting the use of the services by potential customers. However, 1 grid (Pty) Ltd. is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.

2. Use of Account Holder consumer credit information

The Parties record that 1 grid (Pty) Ltd. intends to disclose information to third parties (including registered credit bureaux) concerning your payment history and account status, and you hereby consent to 1 grid (Pty) Ltd., compiling and retaining any consumer credit information and confidential information about you for the purposes of filing 1 grid (Pty) Ltd.’s customers’ consumer credit information with third parties, including credit bureaux such as Compuscan; and you have consented to 1 grid (Pty) Ltd. providing a credit bureau with this data. The credit bureaux are further authorised to upload the data to its database and share it with its subscribers as allowed for in terms of legislation.

Domain Registration Agreement: By accepting these terms and conditions during your application you confirm that you have read and agreed to the domain registration agreement of our third-party domain partner, found here .

Code of Conduct

Introduction

Storage

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.
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.
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 grid (Pty) Ltd. makes the following key commitments and will endeavour to:
1. Act in a reasonable, fair and responsible manner in all dealings with Customers;
2. 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;
3. 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;
4. Display utmost courtesy and care when dealing with Customers;
5. Provide Customers with information regarding services and pricing;
6. Where requested to do so provide Customers with guidance with regard to their service needs; and
7. Keep the personal information of Customers confidential unless we are:
  1. Otherwise authorised or required by law or order of Court;
  2. In possession of written authorisation from you to do so; and/or
  3. Required to release such information for the purpose of briefing our auditors or professional advisors or an accredited debt collection agency.
Subscribers and potential subscribers have the right to refer Complaints to ICASA as more comprehensively set out below.

Consumer Rights

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

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 to support@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

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

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.
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.

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;
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.
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

Any queries relating to this Code of Conduct should be sent to support@1-grid.com
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.

Privacy Policy

Introduction

We have created this ("Privacy Policy") to demonstrate our commitment to you, our customer, through transparent, easy-to-understand information regarding our data practices. You will understand what we collect, why we collect it and what we do with it.

What personal data do we collect.

We collect and use information necessary to enable you to purchase and manage services, provide you with support for those services

Name
Address
Telephone number
Email address
Billing and payment information
Other data collected that could directly or indirectly identify you.

How do we collect your data?

Our site uses forms in which you give us contact information (such as your name, address, phone number, billing information, IP address and email address) so you can create an account, place orders, register domains, request information, and request support assistance. As you use your account, we may also collect information through support requests other related types of information that is specific to the management of your account and services with us.

This type of information is legally and/or contractually required to be able to purchase and use services. For example, we are required to be able to verify this type of information upon request by our payment processor. It is also required to be able to serve legal notices to you and is mandated by certain services we offer. In addition, some services, such as domains, require this information for you to purchase them. If you are purchasing a domain from us, we are required by law to collect and retain this information. We are further required to verify that the information provided is accurate and serve legally required notices regarding your domain(s). Consent for the collection, use and retention of this information for these purposes is deemed to be contractually given for the duration of your use of such service and any legally required retention period. We will use this personal information to provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

We collect information from your devices (computers, mobile phones, etc.), such as IP address, cookie information, support services (when you contact our support staff) and personalized experiences on our site and emails. Certain types of collection and use may be optional and controlled.

We may monitor, record, and retain any telephone calls or chat transcripts. We will delete the recordings or transcripts at your request.

We are dedicated to continually improving your experience on our website. Like many companies, we use third-parties to help us track browsing, identify technical issues and provide ways to enhance your overall experience. Several of the tools that we use and what they do are:

Log Files:: We use information gathered about you from our site statistics via log files provided by third-party tracking partners (for example, your IP address) to help diagnose problems with our server and to administer our website. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experiences more enjoyable. This is not linked to any personally identifiable information.
Cookies:: Our site uses cookies to keep track of your session information. We do link the information we store in cookies to personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser's "help" file. We also use cookies to store your username if you request to have your username remembered during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through a partner or affiliate, we will store the referral information in the cookies. The use of cookies by our partners, affiliates, tracking utility company and service providers is not covered by our privacy statement.
Find more information regarding the categories of cookies we use and our specific cookie policy here. By continuing to use and navigate our sites, services, applications, tools or messaging, you are agreeing to our use of cookies described in this Privacy Policy.
Gifs:: Our website may contain electronic image requests called clear gifs (a.k.a. Web Beacons/Web Bugs) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with unique identifiers, similar in function to cookies; they are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Our tracking utility company does not tie the information gathered by clear gifs to our customers’ personally identifiable information.
Testimonials:: We post customer testimonials and or reviews on our website obtained from third-party sources which may contain personally identifiable information. If you would like to request the removal of your testimonial from our website, contact us at support@1-grid.com

How we process personal data.

You may only send us your own personal data or the personal data of another data subject where you have their permission to do so.

When you use or interact with any of our services, you consent to the data processing, sharing, transferring and uses of your information as outlined in this Privacy. Regardless of the country where you reside, you acknowledge that you are directly transferring your data to us in our South African based servers and agree to processing within the South Africa, where 1-grid processes its data. In addition, you authorize us to transfer, process, store and use your information in countries other than your own in accordance with this Privacy Policy and to provide you with services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our services, you consent to us transferring information about you to these countries.

For which we have been given permission
Improve and optimise the operation and performance of our services.
Diagnose problems with and identify any security and compliance risks, errors, or needed enhancements to the services
Detect and prevent fraud and abuse of our services and systems.
Understand and analyse how you use our Services and what products, and services are most relevant to you
Collect aggregate statistics about use of the services.
As we might be required or permitted for legal compliance or other lawful purposes.

Often, much of the data collected is aggregated or statistical data about how individuals use our services and is not linked to any personal data.

Sharing with trusted third parties.

Processing credit card payments
Credit bureaus to report account information, as permitted by law
Serving advertisements
Conducting contests or surveys
Performing analysis of our services and customers demographics
Communicating with you, such as by way of email or survey delivery
Customer relationship management
Security, risk management and compliance
Recruiting support and related services

These third parties (and any subcontractors they may be permitted to use) have agreed not to share, use or retain your personal data for any purpose other than as necessary for the provision of services.

in the event that we sell or buy any business or assets in which case we will disclose your personal data to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, your personal data may be among the transferred assets.

We cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your personal data by third parties who are not subject to our control.

We will not sell personal data. No personal data will be disclosed to anyone except as provided in this privacy policy

Compliance with legal, regulatory and law enforcement requests.

We will never share your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to comply with the law, or when we must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas) or to protect the safety of the public or any person, or to prevent the violation of our terms of service.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are legally required to provide your personal data to third parties. We will also share your personal data to the extent necessary to comply with registry rules, regulations, and policies when you register a domain name with us.

How we secure, store, and retain your personal data

Our site has security measures in place to protect the loss, misuse and alteration of the information under our control. We authorize access to personal data only for those employees who require it to fulfil their job responsibilities. We implement disaster recovery procedures where appropriate.

mandated by law, contract or similar obligations applicable to our business operations;
for preserving, resolving, defending or enforcing our legal/contractual rights; or
needed to maintain adequate and accurate business and financial records.

When your account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status within our corresponding databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve disputes, enforce our agreements and/or as required by laws or regulation

If you have any questions about the security or retention of your personal data, you can contact us at privacy@1-grid.com

How you can access, update, transfer or delete your personal data

You may choose to update or amend any personal data you have submitted to us by contacting us via email or from within your customer account area.

You are entitled to a right to be forgotten. We will delete any personal data that you don’t want us to have. If you make a request to delete your personal data and that personal data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any services purchased.

You may request that we restrict the use of your personal data. When we restrict your personal data, we still have the right to store it but not use it as we are required by law to collect and retain this information

If you should wish to transfer your data from 1-grid to another data controller we will facilitate this transfer. We will pass on all of our personal data to the data controller.

Communicating with you.

We may contact you directly or through a third-party service provider regarding products or services you have signed up to or purchased from us, such as necessary to deliver transactional or service-related communications. We also may use this information when it is important for us to contact you regarding functionality changes to services you have purchased and/or our website/mobile app and provide customer service. By creating an account with us and/or purchasing our services, you agree to receive these types of communication and acknowledge that they are not optional

Email
Text (SMS) messages
Telephone calls
Push notifications via our 1-grid app

You are able to opt-out of receiving promotional communications through preferences in your account panel or the unsubscribe instructions contained in the email communication.

If you make use of a service that allows you to import and share contacts (eg. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal data for the requested service. If you believe that anyone has provided us with your personal data and you would like to request that it be removed from our database, please contact us at privacy@1-grid.com

Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make changes that are material, we will provide you with appropriate notice before such changes take effect. If you do not agree with the changes, then you must stop using the website, and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Data breaches

We will notify our customers of any confirmed data breaches that has occurred. It is our customers’ responsibility to notify relevant supervisory authority and any affected data subjects of the data breach.

Questions & Suggestions

If you have any queries about this Policy, please contact legal@1-grid.com

Cookie Policy

Introduction

The purpose of this policy is to describe what Cookies are and how We use them, what we use them for, and how you can manage them during your visit and use of our website.

What are cookies?

‘Cookies’ are small text files that may be stored on your device when you visit our website. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use, Many websites use cookies and you can find out more about them here

Why do we use cookies?

Granting you access to restricted content and unique promotions.
Tailoring our website’s functionality to you personally by letting us remember your location, device type and preferences.
Improving how our website performs.
Understanding who our audience is, so that we can provide content most relevant to you.
Allowing third parties to provide services to our website.
Helping us deliver interest-based advertising where appropriate in compliance with the applicable laws.

The types of cookies we use.

We use different types of cookies on our website. Some of these cookies are placed by us, while others are placed by our third-party plug-ins, suppliers or advertisers. These cookies may be deleted from your device at different times, such as at the end of your browsing session (when you leave the website) or after a pre-set amount time, or they may persist on your device until you delete them.

We use the following types of cookies on our website:

Persistent cookies – these are cookies that may remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser
Session cookies – these are cookies that are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Functional cookies – these are cookies that remember who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password, or settings.
Advertising cookies – these are cookies that matches your interests or web searches with applicable advertising campaigns on our website. We use them to provide you with advertising that we think you might find useful.
Social media cookies – these are cookies that integrate with social media platforms. We use them to help you share content from our website to your chosen social media platform.
Third party cookies – these are cookies that some of our business partners use on our website. We have no access to or control over them. Information collected by any of these cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Removing cookies.

Your internet browser generally accepts cookies automatically, however you can often change this setting to stop accepting them. You can also delete cookies manually.

Deleting or no longer accepting cookies may prevent you from accessing certain aspects of our website where cookies are necessary, or cause the website to forget your preferences.

Information Act

Section 51 Manual For 1 grid (Pty) Ltd.

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to any information held by the State and to any information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.

1. Overview

1 grid (Pty) Ltd. provides Internet Services to its customers, in both the business and home market. 1 grid (Pty) Ltd. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

2. Availability of This Manual

A copy of this Manual is available on our website PROATIA_Manual.pdf or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

3. How to Request Access to Records Held By 1 grid (Pty) Ltd.

Requests for access to records held by 1 grid (Pty) Ltd. must be made on the request form that is available on our website, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment, but will only be processed upon payment of the prescribed fees.Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.The requester must identify the right that he or she is wanting to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer of 1 grid (Pty) Ltd., of the capacity in which the requester is making the request.The standard form that must be used for the making of requests is attached as Annexure 1. Not using this form could cause your request to be refused or delayed (if you do not provide satisfactory or sufficient information or otherwise).Kindly note that all requests to 1 grid (Pty) Ltd. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by 1 grid (Pty) Ltd. does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

4. Contact Details

Name of Private Body: 1 grid (Pty) Ltd.

Designated Information Officer: Morne Patterson
Email address of Information Officer: morne.patterson@1-grid.com

Postal address:
8 Wessex Road
Paarden Eiland
Cape Town
7405

Fax number: 27 21 413 1111

5. How to Access the Guide as Described in Section 10 of the Act
The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to The South African Human Rights Commission:

PAIA Unit
The Research and Documentation Department

Postal address:
Private Bag 2700
Houghton
2041

Telephone: 011 877 3600 or 011 877 3622
Fax: 011 403 0668
Website: www.sahrc.org.za
E-mail: jhollenbach@sahrc.org.za

6. Voluntary Disclosure
1 grid (Pty) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to 1 grid (Pty) Ltd. and its services is freely available on 1 grid (Pty) Ltd.’s website. Certain other information relating to 1 grid (Pty) Ltd. is also made available on such website from time to time.Further information in the form of marketing brochures, any advertising material and other public communication is made available from time to time.

7. Records Available in Terms of Other Legislation Section 51 (1)(d)
Information is available in terms of the following legislation, if and where applicable.
Basic Conditions of Employment No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act 61 of 1973
Electronic Communications and Transactions Act 25 of 2002.
Labour Relations Act 66 of 1995Promotion of Access to Information Act No. 2 of 2000
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991

7.1. Access to the records held by the private body in question.
i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c) – Not applicable

8. RECORDS HELD BY 1 grid (Pty) Ltd
1 grid (Pty) Ltd maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

8.1 Internal Records

8.2 Personnel Records

Personnel refers to any person who is employed by, works for or provides services to or on behalf of 1 grid (Pty) Ltd. and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of 1 grid (Pty) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff, as well as contract workers. Personnel records include the following:

Any personal records provided to 1 grid (Pty) Ltd. by their personnel;
Any records a third party has provided to 1 grid (Pty) Ltd. about any of their personnel;
Conditions of employment and other personnel-related contractual and quasi-legal records;
Internal evaluation records; and
Other internal records and correspondence.

8.3 Customer Records

Please be aware that 1 grid (Pty) Ltd. is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information with extreme caution, having regard to Sections 63 to 67 of the Act.

Customer information includes the following:

Any records a customer has provided to 1 grid (Pty) Ltd. or a third party acting for or on behalf of 1 grid (Pty) Ltd.;
Contractual information;
Customer needs assessments;
Personal records of customers;
Credit information and other research conducted in respect of customers;
Any records a third party has provided to 1 grid (Pty) Ltd. about customers;
Confidential, privileged, contractual and quasi legal records of customers;
Customer evaluation records;
Customer profiling;
Performance research conducted on behalf of customers or about customers;
Any records a third party has provided to 1 grid (Pty) Ltd. either directly or indirectly; and

Records generated by or within 1 grid (Pty) Ltd. pertaining to customers, including transactional records.

8.4 Technical Records

Technical records generated by, or within 1 grid (Pty) Ltd. pertaining to customers.

8.5 Other Parties

Records are kept in respect of other parties including, without limitation, contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to 1 grid (Pty) Ltd.

The following records fall under this category:

Personnel, customer or 1 grid (Pty) Ltd. records which are held by another party as opposed to being held by 1 grid (Pty) Ltd.; and
Records held by 1 grid (Pty) Ltd. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

8.6 Other Records

Further records are held including:

Information relating to 1 grid (Pty) Ltd. own commercial activities; and
Research carried out on behalf of a client by 1 grid (Pty) Ltd. or commissioned from a third party for a customer;

Research information belonging to 1 grid (Pty) Ltd., whether carried out by 1 grid (Pty) Ltd. or commissioned from a third party.

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:

Advert positions might change from time to time.
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.
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.
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.
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.
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. Shall Not Be Liable To The Customer For:

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

Competitions/Promotions Terms and Conditions

General

1-grid (Pty) Ltd. reserves the right to cancel, change or modify any of terms and conditions contained in this agreement without notice.
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.
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).
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.
Competition entries will be judged or winners selected on the basis of criteria specified in relevant media in relation to the competition.
The judges' decision in respect to all matters to do with competitions will be final and no correspondence will be entered into.
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.

R499 Black Friday Promotion terms and conditions<

Promotion period
1. This promotion is only valid from the 26th of November 2021, 00:00 SAST, till the 11th December 2021.
Terms and conditions of the promotion
1. The promotion will cost you a once off fee of R499.00 which will afford you registration of one company name, one domain name, a Small Website Builder package and an Email Pro package.
2. Your free business domain name registration is only valid for 12 months. After the 12 month period is complete, the domain will auto renew for R99.00 per year. Should you wish not to continue with your domain registration, you are welcome to contact us prior to the renewal date, at support@1-grid.com to cancel your domain registration. Please note that cancellation of your domain renewal will result in your domain (your business brand identity on the internet) being deleted and therefore eligible for anyone to register.
3. The free Email Pro package will automatically be billed a fee of R69.00 per month at the end of the 6 month promotion period. Should you wish not to continue with your Email Pro package, you are welcome to contact us at support@1-grid.com to cancel this package prior to the renewal date. Please note that cancellation of this subscription will result in you no longer receiving emails.
4. The free Small Website Builder package will automatically be billed a fee of R109.00 per month at the end of the 6 month promotion period. Should you wish not to continue with your Small Website Builder package, you are welcome to contact us at support@1-grid.com prior to the end of promotion to cancel this package. Please note that cancellation of this subscription will result in you not having a website.

Protection of Minors

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

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

Shared Hosting Usage Guidelines and Acceptable Use

Code of Conduct

Introduction

Storage

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:

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
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.

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.
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 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.

Subscribers and potential subscribers have the right to refer Complaints to ICASA as more comprehensively set out below.

Consumer Rights

The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:

A right to be provided with the required service without unfair discrimination;
A right to choose the service provider of your choice;
A right to receive information in your preferred language 1 grid (Pty) Ltd. will do its best to meet this request where reasonable);
A right to access and question records held by 1 grid (Pty) Ltd. and which relate to your relationship with us;
A right to the protection of your personal data, including the right not to have personal data sold to third parties without your permission;
A right to port a number in terms of applicable regulations;
A right to lodge a complaint; and
A right to redress.

Availability of Information

Information relating to:

Our range of services / products on offer;
Tariff rates applicable to each service offered;
Terms and conditions applicable to such services / products;
Payment terms;
Billing, billing processes and our Billing Dispute Handling Procedure;
Complaints Handling Procedure, and
Relevant contact details. can be obtained from our website (www.1-grid.com) or by email request to support@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

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

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.
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.

Subject to events and conduct beyond its reasonable control, 1 grid (Pty) Ltd. will:

provide a minimum of 95% network service availability measured over 6 months;
provide a minimum of 95% service availability measured over 6 months;
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;
provide full reasons to you where we are not able to meet your request for service within these time periods;
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;
provide full reasons to you, if possible, where we are not able to meet your request for activation within these time periods;
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;
respond within 3 minutes (averaged over 6 months) to any call directed to the 1 grid (Pty) Ltd. call centre;

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.
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

Any queries relating to this Code of Conduct should be sent to support@1-grid.com
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.

Privacy Policy

Purpose

This Policy sets out the manner in which 1 grid (Pty) Ltd. manages personal information collected from or submitted by you, the user, when visiting 1 grid (Pty) Ltd.’s website(s).

Definitions

“personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”) “user” means any person accessing any part of the website

Status

This Privacy Policy forms part of the Terms and Conditions of Use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of Personal Data

We collect only necessary information and use it only for the purpose for which it is required.
We will neither sell your personal information to anyone, nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.
If we do not need the information anymore, we will delete any personal information held.
We do not retain or store any credit card information.

Email Communications

When you send us personally identifying information in an email, we use what you provide only to help us gather information you might request. In an effort to respond to your request, information you submit may be viewed by various people within 1 grid (Pty) Ltd. Once received, the information to your email is protected in accordance with this Policy.

Collection of Anonymous Data

In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and will log:

The Internet Protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are using the web.
The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
The pages visited, for the purpose of improving the usefulness of our website, by providing helpful links and removing pages that are not read.

If you do not wish cookies to be employed, it is possible to change the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.

Access to Personal Data

If you believe that your personal data which we may have is outdated or incorrect, please ask us to correct it by using our contact page. Please provide us with all the information we need to make the correction.
You can also request access to any relevant personal data held by the website owner as set out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. It is advisable to send 1 grid (Pty) Ltd. an email requesting the information you need.

Links to Other Websites

We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it.

Security

While reasonable measures are taken to ensure the integrity and security of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the website owner or any third party.
Users and/or subscribers are prohibited from releasing their username and/or password to any other person or party.

Children’s Privacy

This is a child-friendly website: 1 grid (Pty) Ltd. takes into account the privacy and well-being of children when they are online.

Queries

If you have any queries about this Privacy Policy please contact us.

Information Act

Section 51 Manual For 1 grid (Pty) Ltd.

Introduction

Overview

Availability of This Manual

How to Request Access to Records Held By 1 grid (Pty) Ltd.

Contact Details

Name of Private Body: 1 grid (Pty) Ltd.

Designated Information Officer: Morne Patterson
Email address of Information Officer: morne.patterson@1-grid.com

Postal address:
8 Wessex Road
Paarden Eiland
Cape Town
7405

Street Address:
8 Wessex Road
Paarden Eiland
Cape Town
7405

Phone number: 021 200 1200
Fax number: 27 21 413 1111

How to Access the Guide as Described in Section 10 of the Act
The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries 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 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za

Voluntary Disclosure
1 grid (Pty) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to 1 grid (Pty) Ltd. and its services is freely available on 1 grid (Pty) Ltd.’s website. Certain other information relating to 1 grid (Pty) Ltd. is also made available on such website from time to time.Further information in the form of marketing brochures, any advertising material and other public communication is made available from time to time.
Records Available in Terms of Other Legislation Section 51 (1)(d)
Information is available in terms of the following legislation, if and where applicable.
Basic Conditions of Employment No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act 61 of 1973
Electronic Communications and Transactions Act 25 of 2002.
Labour Relations Act 66 of 1995Promotion of Access to Information Act No. 2 of 2000
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991

RECORDS HELD BY 1 grid (Pty) Ltd
1 grid (Pty) Ltd maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

8.1 Internal Records

8.2 Personnel Records

Any personal records provided to 1 grid (Pty) Ltd. by their personnel;
Any records a third party has provided to 1 grid (Pty) Ltd. about any of their personnel;
Conditions of employment and other personnel-related contractual and quasi-legal records;
Internal evaluation records; and
Other internal records and correspondence.

8.3 Customer Records

Customer information includes the following:

Any records a customer has provided to 1 grid (Pty) Ltd. or a third party acting for or on behalf of 1 grid (Pty) Ltd.;
Contractual information;
Customer needs assessments;
Personal records of customers;
Credit information and other research conducted in respect of customers;
Any records a third party has provided to 1 grid (Pty) Ltd. about customers;
Confidential, privileged, contractual and quasi legal records of customers;
Customer evaluation records;
Customer profiling;
Performance research conducted on behalf of customers or about customers;
Any records a third party has provided to 1 grid (Pty) Ltd. either directly or indirectly; and

Records generated by or within 1 grid (Pty) Ltd. pertaining to customers, including transactional records.

8.4 Technical Records

Technical records generated by, or within 1 grid (Pty) Ltd. pertaining to customers.

8.5 Other Parties

Records are kept in respect of other parties including, without limitation, contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to 1 grid (Pty) Ltd.

The following records fall under this category:

Personnel, customer or 1 grid (Pty) Ltd. records which are held by another party as opposed to being held by 1 grid (Pty) Ltd.; and
Records held by 1 grid (Pty) Ltd. pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
8.6 Other Records

Further records are held including:

Information relating to 1 grid (Pty) Ltd. own commercial activities; and
Research carried out on behalf of a client by 1 grid (Pty) Ltd. or commissioned from a third party for a customer;

Research information belonging to1 grid (Pty) Ltd., whether carried out by 1 grid (Pty) Ltd. or commissioned from a third party.

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:

Advert positions might change from time to time.
1 grid has no control over other parties bidding more on the same or similar keywords which may influence the Customer’s advert position.
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.
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.
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.
1 grid 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 will have a detrimental effect on the success of the campaign being managed by 1 grid.

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

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

Protection of Minors

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

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

Shared Hosting Usage Guidelines and Acceptable Use

1 grid (Pty) Ltd. reserves the right to amend the Acceptable Usage Policy for our Shared Hosting service as necessary. This is to ensure optimal performance across our network for the majority of our Shared Hosting clients.

1 grid (Pty) Ltd. is engaged in supplying quality services to its customers. To ensure the integrity of the network and to offer customers fair and equal usage, 1 grid (Pty) Ltd. solely reserves the right to undertake the necessary steps to prevent excessive usage by the following means:

Due to the nature of a shared web hosting environment, 1 grid reserves the right to ask customers to upgrade or correct issues relating to their Shared Web Hosting package, or to correct issues on their Shared Web Hosting package, should it negatively affect the network or server performance for the majority of our customers.
1 grid (Pty) Ltd. reserves the right to upgrade (or in certain circumstances suspend) a customer’s Shared Hosting package on the customer’s behalf should the customer’s package be causing degradation of a shared hosting environment which adversely affects other customers. Reasonable notice will be given to the customer in the form of electronic mail or by way of other suitable communication methods before any upgrade is actioned.
The 1 grid (Pty) Ltd. Shared Web Hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a Dedicated Server or Virtual Private Server would be more suited.
1 grid prohibits the use of the Shared Web Hosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
1 grid may at times, with reasonable notice to customers, revise or amend its current shared and dedicated hosting offerings relating to price, features, traffic allocations and disk sizes.
1 grid (Pty) Ltd.’s “unlimited” features on the Shared Web Hosting service is not intended to allow a single or more subscribers to unfairly or negatively impact the hosting experience of other subscribers.

To ensure service levels within the Shared Hosting platform are maintained, 1 grid utilises various methods to protect its subscribers and associated systems from abuse which includes, but is not limited to, the following:

Outbound mail restrictions

Max number of outbound mail an hour: 600
Max number of recipients per mail: 25

Excessive SQL Databases: Services with SQL databases larger than 3 GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (for example, if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation).
Excessive INODE count: 1 grid (Pty) Ltd. reserves the right to automatically upgrade a package(s) where the inode count exceeds the package specific allocation. To view allocation limits, please visit the product page. Reasonable notice will be given to the customer in the form of electronic mail or by way of other communication methods before any upgrade is actioned.
Excessive domain and FTP services: 1 grid does not set specific limits to the domain and FTP services, but may at its sole discretion suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment.

Free Domain

If a Shared Hosting package is cancelled within 6 months, the customer is liable to pay for his or her free domain.

Domain Registrations as a Reseller

When registering a domain as a reseller, it has to be registered with the correct beneficiary details of the domain end user and not that of the reseller.

Legal

The User undertakes to use 1 grid’s services in accordance with any restrictions imposed under the following legislation:

Electronic Communications and Transactions Act 25 of 2002;
Electronic Communications Act 36 of 2005;
Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@1-grid.com

Terms and Conditions

General

1 grid (Pty) Ltd. reserves the right to change or modify any of the terms and conditions contained in this agreement.

This is an agreement between you and 1 grid (Pty) Ltd. regarding your use of 1 grid (Pty) Ltd.’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).
This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.
In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Acceptable Use Policy

By using 1 grid (Pty) Ltd.’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

You are expected to use 1 grid (Pty) Ltd.’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.
1 grid (Pty) Ltd.’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc. 1-grid Pty Ltd strictly prohibits and opposes any propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm by any person.
Due to the nature of a shared web hosting environment, 1 grid (Pty) Ltd. reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.
The 1 grid (Pty) Ltd. shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.
1 grid (Pty) Ltd. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.
Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and 1 grid (Pty) Ltd. fully and solely reserves its rights in this regard.

Interpretation

The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. 1 grid (Pty) Ltd. reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:

unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;
interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and
employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
It is in violation of 1 grid (Pty) Ltd.’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:

To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
To send unsolicited mass emails, if such emails provoke complaints from the recipients;
To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a 1 grid (Pty) Ltd. provided server, or using a 1 grid (Pty) Ltd. provided server as a maildrop for responses;
To falsify user information provided to 1 grid (Pty) Ltd. or to other users of the service in connection with use of a 1 grid (Pty) Ltd. service.

We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

Determination of a Breach of This Policy

1 grid (Pty) Ltd. will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

Consequences of Breach of This Policy

When 1 grid (Pty) Ltd. becomes aware of an alleged violation of its AUP (Acceptable Use Policy), 1 grid (Pty) Ltd. will initiate an investigation (within 24-48 hours). During the investigation 1 grid (Pty) Ltd. may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, 1 grid (Pty) Ltd. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, 1 grid (Pty) Ltd. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, 1 grid (Pty) Ltd. will notify the appropriate law enforcement department of such violation.
1 grid (Pty) Ltd. does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
You shall be held liable for any and all costs incurred by 1 grid (Pty) Ltd. as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.
The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that 1 grid (Pty) Ltd. personnel must spend to investigate any violations.

Modification

1 grid (Pty) Ltd. may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.
1 grid (Pty) Ltd. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations 1 grid (Pty) Ltd.’s Policy may contact via email: abuse@1-grid.com

Disclaimers and Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:

access delays or access interruptions;
data non-delivery or data mis-delivery;
acts of God;
the unauthorised use or misuse of your account identifier or password;
errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
the interruption of your Service.

You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Subject always to the provisions of the CPA, to the extent that it is applicable, 1 grid (Pty) Ltd.’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. 1 grid (Pty) Ltd. expressly disclaims any representation or warranty that the 1 grid (Pty) Ltd. services will be error-free, secure or uninterrupted.
No oral advice or written information given by 1 grid (Pty) Ltd., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
1 grid (Pty) Ltd. will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

You agree to indemnify and hold 1 grid (Pty) Ltd. harmless from any and all Claims resulting from or connected with any activities conducted by you. You and 1 grid (Pty) Ltd. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. 1 grid (Pty) Ltd. reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or 1 grid (Pty) Ltd.’s then current Acceptable Use Policy, in the sole and absolute opinion of 1 grid (Pty) Ltd.
1 grid (Pty) Ltd. will not change passwords to any account without proof of identification, which is satisfactory to 1 grid (Pty) Ltd., which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that 1 grid (Pty) Ltd. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will 1 grid (Pty) Ltd. be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless 1 grid (Pty) Ltd. from any and all Claims arising from such ownership disputes.
You agree to indemnify and hold 1 grid (Pty) Ltd. and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by 1 grid (Pty) Ltd. The terms of this Section will survive any termination of this Agreement.
You agree not to harm 1 grid (Pty) Ltd., its reputation, computer systems, programming and/or other persons using 1 grid (Pty) Ltd.’s services.
The terms of this Section will survive any termination of this Agreement.

Variation of Services

You agree that 1 grid (Pty) Ltd. may establish certain limits concerning use of any 1 grid (Pty) Ltd. service offered on any 1 grid (Pty) Ltd. website including, without limitation, the maximum number of days that email messages will be retained by any 1 grid (Pty) Ltd. service, the maximum number of email messages that may be sent from or received by an account on any 1 grid (Pty) Ltd. service, the maximum size of an email message that may be sent from or received by an account on any 1 grid (Pty) Ltd. service, the maximum disk space that will be allotted on 1 grid (Pty) Ltd.’s servers on your behalf either cumulatively or for any particular service. You agree that 1 grid (Pty) Ltd. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any 1 grid (Pty) Ltd. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any 1 grid (Pty) Ltd. service may change at any time.
1 grid (Pty) Ltd. reserves the right to select the server for your website for best performance. You understand that the services provided by 1 grid (Pty) Ltd. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then 1 grid (Pty) Ltd. has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of 1 grid (Pty) Ltd.

Passwords

You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of 1 grid (Pty) Ltd. services, including any damages resulting there from, until you notify 1 grid (Pty) Ltd.’s customer service.
The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on 1 grid (Pty) Ltd.

Assignment of IP Addresses

1 grid (Pty) Ltd. assigns you an Internet Protocol address in connection with your use of the 1 grid (Pty) Ltd. services, the right to use that Internet Protocol address will remain with and belong only to 1 grid (Pty) Ltd., and you will have no right to use that Internet Protocol address except as allowed by 1 grid (Pty) Ltd. in its sole and absolute discretion.

General Provisions

1. This Agreement constitutes the entire agreement between you and 1 grid (Pty) Ltd. with respect to the 1 grid (Pty) Ltd. services and supersedes all prior agreements between you and 1 grid (Pty) Ltd. 1 grid (Pty) Ltd. reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the 1 grid (Pty) Ltd. services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.
2. 1 grid (Pty) Ltd.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
4. Save where otherwise provided for in this Agreement, if you:
  1. fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or
  2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;
  3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
  4. commit any act which if committed by a natural person would constitute an act of insolvency;
  5. become insolvent;
  6. compromise or attempt to compromise generally with any of your creditors;
  7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment;
  8. you have acted (or failed to act, when action is required) in a criminal manner or in violation of any law or regulation; or in a manner that may be considered offensive or abusive to 1-grid (Pty) Ltd (including 1-grid’s reputation or goodwill) or its staff;
  9. you have failed to provide any information or assistance that 1-grid (Pty) Ltd has requested from you;
  10. your use of the Service has or may negatively impact any other 1-grid (Pty) Ltd customers.
  1 grid (Pty) Ltd. shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to 1 grid (Pty) Ltd.’s right to claim damages.
5. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
6. You consent to the jurisdiction of the South African courts.
7. The 1 grid (Pty) Ltd. services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
8. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

BILLING TERMS OF 1 grid (Pty) Ltd.

General

1 grid (Pty) Ltd. will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.
Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from 1 grid (Pty) Ltd., unless agreed otherwise. 1 grid (Pty) Ltd. retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it’s customers as and when it sees fit. (Amended 6 May 2015)
1 grid (Pty) Ltd. products and services are not pro-rated.
1 grid (Pty) Ltd. will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by 1 grid (Pty) Ltd. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
1 grid (Pty) Ltd. runs debit orders every week between Mondays and Thursdays.

Effect of Non-payment

In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that 1 grid (Pty) Ltd. has in terms of this Agreement or in law, 1 grid (Pty) Ltd. reserves the right to hold you liable for the total amount due pursuant to such invoice.
Interest of 2% per month may be charged on all overdue accounts.
1 grid (Pty) Ltd. may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or 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 in accordance with section 6, the full outstanding balance becomes due and payable immediately.
If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.
If you neglect to pay the amount due in full, 1 grid (Pty) Ltd. will submit the full overdue 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 your own account.
In the event of suspension due to non-payment, 1 grid (Pty) Ltd. reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
Please note that admin fees apply in the event that your account is suspended due to non-payments.
If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Domain Rescue Fees

Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.
Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.
Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.
Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

Payment Methods and Fees

1 grid (Pty) Ltd. accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments. 1 grid (Pty) Ltd. Debit orders are run on working days.
A processing fee (incl. VAT) is charged on all returned debit orders.
The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

1 grid (Pty) Ltd. will only refund a customer in the event of their account having a credit balance.
1 grid (Pty) Ltd. will process authorised refunds to customers every Wednesday.

Cancellations

Cancellations must be done using 1 grid (Pty) Ltd.’s Customer Zone.
Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.
Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.
Users may not cancel a service and sign up for the same service again in order to make use of a new customer discount. In the event a user attempts to do this, the discount will be reversed.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”
Example: Changing from a Linux Large account at R249 to a Linux Medium account at R129 would be considered a downgrade.

Downgrades must be done using 1 grid (Pty) Ltd.’s Customer Zone.
We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

DISPUTE RESOLUTION

General Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.
In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.
You are required to direct a general complaint to support@1-grid.com. The complaint is required to be accompanied by the following;

Your full particulars and contact details;
Your relationship with 1 grid (Pty) Ltd. and any customer reference which may be applicable;
A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and
Any relevant evidence or documentation you wish to submit in support of your complaint.
Under the ICASA Code of Conduct Regulations 1 grid (Pty) Ltd. is required to:
Acknowledge receipt of your complaint within 3 Business Days; and
Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of Complaints to ICASA

If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.
ICASA can be contacted in the following ways:

telephone (011) 566 3000,
fax (011) 444 1919 or
email: consumer@icasa.org.za

Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

BILLING DISPUTE RESOLUTION

Purpose of this Procedure

This Procedure sets out the obligations of 1 grid (Pty) Ltd. and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.
1 grid (Pty) Ltd.’s Billing Dispute Handling Procedure is intended to service both the Customer and 1 grid (Pty) Ltd.’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.
Definitions

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.
“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.
“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.
“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.
“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;
“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to 1 grid (Pty) Ltd. by the Due Date of the Invoice.
For the avoidance of doubt the parties acknowledge and agree that:

An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).
Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from 1 grid (Pty) Ltd. as set out below).
Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@1-grid.com – while Complaints are dealt with under the 1 grid (Pty) Ltd. Complaints Handling Procedure.

Please note that 1 grid (Pty) Ltd. will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this Procedure

As a current or prior Customer of 1 grid, you agree to allow 1 grid to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. 1 grid requires and you agree that it be the first option in Billing Disputes. Should 1 grid receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before 1 grid has been given a chance to resolve the issue, 1 grid has the right to collect on the rendered services and any fees associated with those disputes.
Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, 1 grid (Pty) Ltd. still retains the right to collect on any rendered services or fees that are due. Should 1 grid (Pty) Ltd. be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, 1 grid (Pty) Ltd. will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

You may only withhold payment of a Disputed Amount where 1 grid (Pty) Ltd. receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

Billing Dispute Notice

A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone.

Invoice number and date;
The amount in dispute (“the Disputed Amount”);
The amount not in dispute (“the Undisputed Amount”);
The full details of the dispute; and
Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

Under the ICASA Code of Conduct Regulations 1 grid (Pty) Ltd. is required to acknowledge receipt of your complaint within 3 Business Days.
1 grid (Pty) Ltd. shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:

A rejection of the Billing Dispute Notice on the basis that:
The Billing Dispute Notice was not received by 1 grid (Pty) Ltd. within 60 days from the date of the relevant invoice;
The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
1 grid (Pty) Ltd. has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
1 grid (Pty) Ltd. reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist 1 grid (Pty) Ltd. in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by 1 grid (Pty) Ltd.
A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Managemen

If you are not satisfied with 1 grid (Pty) Ltd.’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) 1 grid (Pty) Ltd. within 3 Business Days of receiving 1 grid (Pty) Ltd.’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:

To ensure that SM meet to resolve the dispute within 7 Business Days of 1 grid (Pty) Ltd. receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.
Any decision of SM will be final and binding on both parties.
Both parties acknowledge and agree that if 1 grid (Pty) Ltd. does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and 1 grid (Pty) Ltd. will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

If stipulated under 1 grid (Pty) Ltd.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.
If stipulated under 1 grid (Pty) Ltd.’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that 1 grid (Pty) Ltd. must withdraw the disputed charge or refund a disputed charge previously paid, 1 grid (Pty) Ltd. must as soon as practicable:

If stipulated under 1 grid (Pty) Ltd.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that 1 grid (Pty) Ltd. must withdraw the disputed charge or refund a disputed charge previously paid, 1 grid (Pty) Ltd. must as soon as practicable:
Credit any Disputed Amount already paid by you.

Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and 1 grid (Pty) Ltd. will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

1 grid (Pty) Ltd. will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as 1 grid (Pty) Ltd. has reached a determination and communicated this to you.
We reserve the right, however, to take such measures immediately:

Where a determination of the Billing Dispute has been made and communicated to you; or
Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.
Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that 1 grid (Pty) Ltd. shall continue to have the right to terminate or suspend the service in accordance with 1 grid (Pty) Ltd.’s rights under the Agreement that you have with 1 grid (Pty) Ltd.

Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that 1 grid (Pty) Ltd. shall continue to have the right to terminate or suspend the service in accordance with 1 grid (Pty) Ltd.’s rights under the Agreement that you have with 1 grid (Pty) Ltd.

Confidentiality

Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.
Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.
However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
ICASA can be contacted in the following ways:

telephone (011) 566 3000,
fax (011) 444 1919 or
email: consumer@icasa.org.za.

Use of Account Holder information for promotional purposes

1 grid (Pty) Ltd. may include your name and contact information in directories of 1 grid (Pty) Ltd.’s service subscribers for the purpose of promoting the use of the services by potential customers. However, 1 grid (Pty) Ltd. is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.

Use of Website

Terms and Conditions for Use of Website

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.
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

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.
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: 2017 / 035340 / 07
VAT Number: 4810280653
Directors: T Vollrath, TSA Lahtinen
Phone: 021 200 1200
E-mail: support@1-grid.com
Web site: www.1-grid.com

Registered Address:
2nd Floor
360 Business Park
8 Wessex Road
Paardeneiland
Cape Town
7405

No Offer

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

Disclaimers

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.
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.
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.
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. The customer will be able to make as many changes as they see fit during this 5-day period.

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.

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 / 07
VAT Number: 9434625175
Directors: M Patterson
Phone: 021 200 1200
Fax: 021 413 1111
E-mail: support@1-grid.com
Web site: www.1-grid.com

Registered Address:
8 Wessex Road
360 Office Building
Paarden Eiland
Cape Town
7420

No Offer

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

Disclaimers

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.
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.
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.
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

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

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.

Why choose 1-grid as your hosting provider

We are the premium choice for web hosting in South Africa with local hosting at our high-security data centre, guaranteed uptimes and exceptional support.

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Expert support

We are dedicated to providing you with nothing short of exceptional support. We offer support via live chat, email and telephone.

No Red-tape

We keep things simple. That's why we offer easy payment solutions and we give you the option to pay upfront to receive discounts.

Security and backup

Online security has never been more important. We keep your sensitive data safe with world-class SSLs and firewalls, and we automatically back up your data.

Uptime guarantee

We do everything in our power to ensure that your uptime never falters. We also offer a downtime safety net for any repairs or maintenance.

Fast servers

Thanks to our premium servers, your website will load in seconds for a seamless visitor experience.

Instant setup

Our web hosting services are set up immediately, so you can sign up and move into your new online home without any waiting around.

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Customer satisfaction is our priority!

If you're not 100% satisfied with your order, we'll give you your money back! No questions asked. During the first 30 calendar days we'll refund your fees in full. This guarantee does not apply to domains, SSL's, company registration or similar products where 1-grid incurs upfront licence fees.

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Terms and conditions

We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business, so we'll try and keep them as straightforward as possible.

Terms and Conditions

General

Backups

Acceptable Use Policy

General and Acceptable Use

Unacceptable Use

Interpretation

System and Network Security

Spamming

Determination of a Breach of This Policy

Consequences of Breach of This Policy

Modification

Reporting Network Abuse

Disclaimers and Limitation of Liability

Responsibility for Content and Account Holder Indemnities

Variation of Services

Non-transferability of Services

Passwords

Assignment of IP Addresses

General Provisions

Billing Terms of 1 grid (Pty) Ltd.

General

Effect of Non-payment

Domain Rescue Fees

Payment Methods and Fees

Refunds

Cancellations

Downgrades

Dispute Resolution

General Dispute Resolution

Referral of Complaints to ICASA

Billing Dispute Resolution

Purpose of this Procedure

General

Customer’s Obligations to first use this Procedure

Time period within which Billing Disputes can be initiated

Circumstances under which payment of a Disputed Amount may be withheld

Billing Dispute Notice

Response to Billing Dispute Notice

Referral to Senior Management

Resolution, Agreement or Determination

Effect of this Procedure on continued service provision

Confidentiality

Overage Disputes

Request for Reconciliation or Historical Information/Reporting

Referral of Billing Disputes to ICASA

Use of Account Holder information

Domain Registration Agreement

Code of Conduct

Introduction

Storage

Key Commitments

Consumer Rights

Availability of Information

Vetting of Applications and Use of registered Credit Bureaus

Written Terms and Conditions of Service

Minimum Standards for the Services offered by 1 grid (Pty) Ltd.

Miscellaneous

Disclaimer

Thank You For Taking The Time To Read Our Disclaimer

Privacy Policy

Introduction

What personal data do we collect.

How do we collect your data?

How we process personal data.

Sharing with trusted third parties.

Compliance with legal, regulatory and law enforcement requests.

How we secure, store, and retain your personal data

How you can access, update, transfer or delete your personal data

Communicating with you.

Changes in our Privacy Policy

Data breaches

Questions & Suggestions

Cookie Policy

Introduction

What are cookies?

Why do we use cookies?

The types of cookies we use.