Terms & 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.

The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at support@cititech.co.za and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions.

You will receive computer generated invoices for all services rendered by Citi-Tech. All computer generated invoices and credit notes will be sent to you via electronic means. All your computer generated invoices and credit notes are also available via the finance section in your ClientZone.

IMPORTANT NOTICE
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Citi-Tech. It is your responsibility to read the clauses referred to:
1. You agree to provide Citi-Tech with true and correct information in order to provide service to you and give Citi-Tech permission to process your personal information (clause 4, 14).
2. You agree that these terms may change and that you will check regularly for changes on the Citi-Tech website (clause 5)
3. You agree that abusive behaviour towards Citi-Tech’s staff or brand will not be tolerated (clause 6).
4. You agree that you will ensure that you choose and be responsible for the the products that suit your needs (clause 8)
5. You agree that failing to pay your Citi-Tech account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).
6. You agree that either yourself or Citi-Tech may cancel this contract by giving the other notice (clause 12.1)
7. You limit Citi-Tech’s liability and indemnify Citi-Tech for various acts or omissions (clause 17).
1. Definitions
1.1 “Citi-Tech” means either of Spearhead Sales (Pty) Ltd or any other entity which Spearhead Sales (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
1.2 “Citi-Tech System” means equipment operated together as a system by Citi-Tech to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
1.3 “Citi-Tech Website” means the Internet website published at the URL “www.cititech.co.za” or another URL that Citi-Tech notifies the Client of from time to time.
1.4 “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
1.5 “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
1.6 “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
1.7 “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
1.8 “Client” is the party described as such on any Application or Service Order executed between it and Citi-Tech.
1.9 “Client Data” means Data:
1.9.1 transmitted to the Client using the Citi-Tech System,
1.9.2 stored by the Client on the Citi-Tech System (or on the Client System as the case may be), or
1.9.3 transmitted by the Client via the Citi-Tech System,
1.9.4 in the day-to-day utilisation of a Service.
1.10 “Client Equipment” means any equipment installed at Citi-Tech’s premises by the Client that Citi-Tech does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
1.11 “ClientZone” means the Client account login area of Citi-Tech’s portal, accessed by using Client credentials and passwords;
1.12 “Data” means electronic representations of information in any form.
1.13 “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
1.14 “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
1.15 “Emergency Maintenance” means maintenance to the Citi-Tech System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Citi-Tech, the Client or any third party.
1.16 “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
1.17 “Goods” means any and all goods to be provided by Citi-Tech to the Client in terms of this Agreement, including without limitation equipment, hardware and third-party software.
1.18 “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
1.19 “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
1.20 “Malicious Code” means anything that contains any computer software routine or code intended to:
1.20.1 allow unauthorised access or use of a computer system by any party, or
1.20.2 disable, damage, erase, disrupt or impair the normal operation of a computer system,
1.20.3 and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
1.21 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
1.22 “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
1.23 “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Citi-Tech to the Client.
1.24 “Service Terms” means a document describing the terms on which Citi-Tech will provide a particular Good or Service, as amended from time to time.
1.25 “General Terms” means this document.
1.26 “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
1.27 “Supplier” means a supplier of goods and / or services to Citi-Tech.
1.28 “User/s” means the Client or any other person accessing any the Services provided by Citi-Tech.
2. How the Agreement Works
1. 2.1 The Goods and Services that Citi-Tech will provide to the Client will be described in Service Orders.
2. 2.2 These General Terms apply to all Services.
3. 2.3 More details of particular Goods or Services may be contained in Service Terms.
4. 2.4 The Service Order(s), Service Terms, and this document together form the Agreement between Citi-Tech and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
5. 2.5 If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.
3. Applications and Initiation
1. 3.1 Citi-Tech will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.
2. 3.2 Citi-Tech reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
3. 3.3 An Application must be submitted via the Citi-Tech Website or ClientZone. Once an Application is accepted by Citi-Tech it becomes a Service Order.
4. 3.4 Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Citi-Tech (unless amended or renewed by another Service Order).
5. 3.5 The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
6. 3.6 The Client consents to Citi-Tech carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. Citi-Tech may provide information on the Client’s payment record to a credit bureau.
7. 3.7 If the Client is a juristic person, Citi-Tech may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, Citi-Tech may withhold providing the Services until the surety has been signed.
8. 3.8 Depending upon the Service provided, Citi-Tech may be obliged under RICA to obtain certain information and documents from the Client, and Citi-Tech may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to Citi-Tech.
9. 3.9 If the Client has not complied with a requirement of this clause, Citi-Tech may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, Citi-Tech may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
10. 3.10 Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.
4. Client’s Commitments
1. 4.1 The Client confirms that all statements made to Citi-Tech are true and correct. Citi-Tech reserves the right to request proof of any facts or claims. The Client also commits to providing Citi-Tech with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
2. 4.2 Citi-Tech reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
3. 4.3 The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
4. 4.4 Citi-Tech’s website and attached systems, such as ClientZone, are designed to facilitate reasonable use of the Citi-Tech products and Services. Citi-Tech reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Citi-Tech reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
5. 4.5 The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
6. 4.6 If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to Citi-Tech or its staff, Citi-Tech reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
7. 4.7 In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
8. 4.8 Citi-Tech reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.
5. Terms Subject to Change
1. 5.1 Citi-Tech may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Citi-Tech Website, and Citi-Tech will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via ClientZone. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Citi-Tech Website on a regular basis.
2. 5.2 Citi-Tech must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
3. 5.3 If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
4. 5.4 If Citi-Tech changes its Fees, the change must take place as described in this clause.
6. Interactions with Staff and Citi-Tech Brand
1. 6.1 Clients will be held accountable for their conduct towards Citi-Tech staff and in the public domain with regard to allegations or malicious conduct directed towards Citi-Tech or its staff.
2. 6.2 Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at Citi-Tech or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Citi-Tech reserves the right to suspend or terminate Services to a Client in such cases.
3. 6.3 Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Citi-Tech brand may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
7. Availability of Services
1. 7.1 Citi-Tech cannot guarantee the provision of the requested Service upon the receipt of an Application.
2. 7.2 Provision of the Service is subject to Citi-Tech confirming that it is technically feasible to do so.
3. 7.3 Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.
8. Choice of Services and Products
1. 8.1 Citi-Tech offers online application and signup for all products and Services only via ClientZone. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Citi-Tech will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
2. 8.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
3. 8.3 Citi-Tech provides Services on the basis of information provided by the Client, and Citi-Tech offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
4. 8.4 Citi-Tech reserves the right to stop offering particular Services if it deems it necessary. Citi-Tech will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
9. Referral Programme
1. 9.1 Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.
2. 9.2 Should a referred client decide to cancel its services within three months of signup, Citi-Tech reserves the right to reverse both the referrer and the referee’s credits.
10. Payment and Penalties
1. 10.1 Citi-Tech only accepts Debit Order and Credit Card payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Citi-Tech’s discretion.
2. 10.2 The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Credit Card Payments.
3. 10.3 Citi-Tech will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
4. 10.4 Unpaid Debit Orders, declined Credit Cards or any other irregularity regarding payment which results in non-payment may result in immediate suspension of Services (which may not be limited to the particular Service in question). Citi-Tech retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
5. 10.5 Citi-Tech reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
6. 10.6 Citi-Tech may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
7. 10.7 If the Client’s Services are suspended or terminated for any reason, including non-payment, Citi-Tech may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Citi-Tech may charge multiple reconnections Fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Citi-Tech’s right to enforce such penalties in full at any time (within their discretion).
8. 10.8 Reconnection of Services may be subject to a waiting period of up to 72 hours, at Citi-Tech’s discretion, regardless of when payment is received or cleared. Reconnection is subject to a reconnection fee as described in ClientZone.
9. 10.9 In cases of suspension of Services due to non-payment, Citi-Tech reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
10. 10.10 Both Admin and Reconnection fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
11. 10.11 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Citi-Tech’s discretion.
12. 10.12 Citi-Tech reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Citi-Tech’s discretion and may vary. The means and terms of termination will be determined at Citi-Tech’s discretion. Notice of termination will be provided to the best of Citi-Tech’s ability, but Citi-Tech will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
13. 10.13 Unless otherwise agreed:
1. 10.13.1 Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
2. 10.13.2 Services are billed in advance and all invoices must be paid by the Client in advance.
3. 10.13.3 Any Services invoiced in arrears are payable on presentation of invoice.
4. 10.13.4 All Fees and other amounts payable are quoted exclusive of VAT.
14. 10.14 Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
1. 10.14.1 The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
2. 10.14.2 The prime overdraft rate will be as charged by Citi-Tech’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
3. 10.14.3 The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.
11. Debit Order Authorisation
1. 11.1 By accepting these terms, the Client hereby authorizes Citi-Tech to debit their nominated bank account or credit card any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
2. 11.2 The Client authorises Citi-Tech’s nominated agent to debit their bank account or credit card on Citi-Tech’s behalf (the “authorized party”). The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
3. 11.3 The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.
12. Term and Termination
1. 12.1 Citi-Tech operates Month-to-Month contracts. Either the Client or Citi-Tech may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
2. 12.2 The Client must give notice of termination to Citi-Tech via ClientZone. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Citi-Tech will not be liable for any additional costs or compensation due to the error.
3. 12.3 Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
4. 12.4 The Client acknowledges that Citi-Tech may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
5. 12.5 Citi-Tech reserves the right to deactivate or terminate selected Free Products, such as Fax2Email, should they not be used within a prescribed period or at Citi-Tech’s sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. Citi-Tech accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future. For example, should a Fax2Email be deleted if not used within 90 days, Citi-Tech makes no warranty that the number can be made available again, and accepts no liability for any consequences resulting in the deletion of the product. Citi-Tech reserves the right to terminate products provided as Free products where a breach has occurred (such as non-payment) in relation to other products, whether or not such breach has direct or indirect bearing on the Free product service provision.
13. Transferability
1. 13.1 Should Citi-Tech agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.
14. Client Information and Privacy
1. 14.1 Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
2. 14.2 Citi-Tech will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
3. 14.3 The Client consents to Citi-Tech processing Personal Information transmitted to the Citi-Tech System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies Citi-Tech from any claim brought by such third party as a result of its failure to do so.
4. 14.4 Citi-Tech may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However Citi-Tech gives no warranty in respect of the effectiveness of such backups (if any).
15. Security
1. 15.1 Citi-Tech will implement measures in line with Good Industry Practice to ensure the security of the Citi-Tech System and the physical security of Citi-Tech’s premises, but gives no warranty that breaches of security will not take place.
2. 15.2 If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Citi-Tech in an appropriate way that does not further compromise security concerns.
3. 15.3 If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
4. 15.4 The Client must not do anything that may prejudice the security of the Citi-Tech System, and must take all reasonable measures necessary to ensure that:
1. 15.4.1 no unlawful access is gained to Citi-Tech’s premises, the Citi-Tech System, or the Client’s own system;
2. 15.4.2 no Malicious Code is introduced into the Citi-Tech System; and
3. 15.4.3 the Client Data is safeguarded.
5. 15.5 If a security violation occurs, or Citi-Tech is of the view that a security violation is imminent, Citi-Tech may take whatever steps it considers necessary to maintain the proper functioning of the Citi-Tech System including without limitation:
1. 15.5.1 changing the Client’s access codes and passwords (or those of any user of the Citi-Tech System), and
2. 15.5.2 preventing access to the Citi-Tech System.
6. 15.6 Citi-Tech takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
7. 15.7 The Client must give its full cooperation to Citi-Tech in any investigation that may be carried out by Citi-Tech regarding a security violation.
8. 15.8 If the Client is providing any service to third parties that makes use of the Citi-Tech System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.
9. 15.9 Citi-Tech may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on Citi-Tech’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.
16. Suspension or Terminations of Service
1. 16.1 Citi-Tech may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
1. 16.1.1 the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Citi-Tech’s opinion would have a negative impact on Citi-Tech, other clients or Citi-Tech’s staff or is detrimental to the welfare, good order or character of Citi-Tech; or
2. 16.1.2 Any part of the Client’s Fees are not paid in full when due; or
3. 16.1.3 The information the Client supplied to Citi-Tech is found to be incorrect or false;
4. 16.1.4 Citi-Tech reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
2. 16.2 Citi-Tech reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
1. 16.2.1 Will not be eligible for reimbursement / compensation, unless at Citi-Tech’s discretion
2. 16.2.2 Will not be eligible for payment under the Double Money Back Guarantee or similar promotion
3. 16.2.3 May be further barred from signing up for any services with Citi-Tech in the future
4. 16.2.4 May be reported to governing bodies, such as ISPA, for listing purposes
5. 16.2.5 May be listed with applicable authorities and credit bureaus.
3. 16.3 The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
17. Limitation of Liability and Indemnity
1. 17.1 CITI-TECH WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND CITI-TECH WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN CITI-TECH EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
2. 17.2 In the event that Citi-Tech is nonetheless held liable, the quantum of Citi-Tech’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Citi-Tech or any other cause.
3. 17.3 USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS CITI-TECH IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST CITI-TECH ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
4. 17.4 These limitations on liability and indemnities apply to the benefit of Citi-Tech and Citi-Tech’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Citi-Tech System.
5. 17.5 Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.
6. 17.6 If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over Citi-Tech to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 will have full force and effect.
7. 17.7 In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
18. Notices
1. 18.1 All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via ClientZone and Citi-Tech reserves the right to ignore any such request made in any other manner.
2. 18.2 The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):
1. 18.2.1 in the case of Citi-Tech,
PO Box 5116
Rivonia
2128
South Africa,

and
2. 18.2.2 in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.
3. 18.3 Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
4. 18.4 Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
1. 18.4.1 is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
2. 18.4.2 if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
3. 18.4.3 is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
4. 18.4.4 is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
5. 18.5 Despite the above:
1. 18.5.1 any notice that Citi-Tech sends by email to an email account hosted on the Citi-Tech System by the Client will be deemed to have been received by the Client on the date of transmission; and
2. 18.5.2 if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
19. Interpretation & General
1. 19.1 Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
2. 19.2 Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
3. 19.3 Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
4. 19.4 No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
5. 19.5 Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
6. 19.6 Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
7. 19.7 Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.

IMPORTANT NOTICE

Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Citi-Tech. It is your responsibility to read the clauses referred to:

  • Further documents are also applicable to these terms (clause 2).
  • Connectivity Speeds are provided on a “best-effort” basis, subject to infrastructure constraints and demand on the Citi-Tech network at any given point.
  • You consent to Citi-Tech monitoring your traffic data for accounting purposes and to ensure the Citi-Tech system is operating properly (clause 11.1).
  • Disclaimer and Limitation of Liability (clause 12).
  1. General

1.1 For the purpose of this policy, Wireless Internet encompasses the provision of supplying an connection to The Internet via wireless technologies.

1.2 These terms and conditions, together with the General Terms govern the use of all of the Citi-Tech Wireless Internet Services. Citi-Tech offers only Uncapped Services.

1.3 By utilizing the services rendered by Citi-Tech the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

  1. Applicable Documents

2.1 The provision of Citi-Tech’s Wireless Internet Service is subject to the provision of upstream services by certain national providers. The following legal documents accordingly apply to the provision of the Citi-Tech Wireless Internet Service and are binding on any client to such service:

2.1.1 Citi-Tech’s Acceptable Use Policy (AUP), available on the Citi-Tech Website;

2.2 Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

  1. Identity Verification Requirements (RICA)

3.1 Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload a clear, legible copy of their valid Identity Document or Driver’s License. Non-South African citizens may submit a copy of their valid Passport or International Driver’s License. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed.

3.2 Should the Client cancel all current valid Wireless Internet Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Wireless Internet Services remain active.

  1. “Best Effort” Service

4.1 Citi-Tech will provide Wireless Internet Services to the Client based on the following conditions:

4.1.1 Connectivity speeds will be provided on a best-effort basis, subject to usage constraints and demand on the Citi-Tech network at any given point.

4.1.2 Connectivity Service is not provided on a 1:1 ratio, but is essentially provided on a “shared resource” basis. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

4.1.3 Wireless Internet is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

  1. Service availability and confirmation of service availability

5.1 Availability of Wireless Internet Service is subject to the following:

5.2 Direct Line of Sight (LOS) to at least one of our hi-sites.

5.3 Potential clients should confirm the availability of LOS in their particular location prior to purchasing or ordering Wireless Internet Data, a Wireless Internet modem or other hardware.

5.4 Applicants will be advised after receipt of an order as to whether the Wireless Internet access service can be provided.

  1. Payment and payment terms

As per General Terms.

  1. Term and Termination

As per General Terms.

  1. Monitoring of Usage

8.1 Citi-Tech takes steps to monitor the bandwidth usage of Clients so as to ensure that Client bandwidth limitations are not exceeded. This monitoring is subject to the nature of the Wireless Internet Service as offered by WISPs, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the Client’s connectivity session is terminated. As a result, a Client’s current session will be automatically terminated for a very short period of time every 24 hours.

8.2 Citi-Tech further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating Client connectivity sessions.

8.3 Citi-Tech also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and AUP.

8.4 Clients can proactively manage their usage and avoid being prematurely throttled/shaped, as well as check their bandwidth usage by logging in to Citi-Tech ClientZone – https://clientzone.cititech.co.za/. Citi-Tech however, makes no warranty as to the accuracy of the information returned by this facility and particularly notes that the information reflected by it may be up to 48 hours out of date.

  1. Disclaimer and Limitation of Liability

9.1 Citi-Tech accepts no liability for any loss or damage to the property or equipment of the Client arising out of the provision, installation or maintenance of the Wireless Internet access service.

9.2 APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE CLIENT OR APPLICANT.

9.3 Clients are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to maintain ClientZone security. Citi-Tech accepts no liability for any loss or damage suffered by Clients as a result of unauthorised use of Clients’ authentication credentials.

9.4 The provision of the Citi-Tech Wireless Internet Service is subject to:

9.4.1 The availability of upstream and network services;

9.4.2 Network availability;

9.4.3 Distance of the applicant from the nearest hi-site;

9.4.4 Interference & Contention quality;

9.5 Citi-Tech reserves the right to refuse Wireless Internet Service based on network, domain and/or equipment identifiers.

Acceptable Use Policy
This Policy forms part of the Agreement between the Client and Citi-Tech and is binding on Clients using Citi-Tech’s services. The AUP sets out in detail what forms of conduct Citi-Tech regards as unacceptable on the part of its Clients and the steps which Citi-Tech may take in response to unacceptable use of its services. Please take the time to acquaint yourself fully with the provisions of this Policy.
1. General
1.1 By contracting with Citi-Tech for services, the Client agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Client about the Services.
1.2 The purpose of this AUP is to:
1. 1.2.1 ensure compliance with the relevant laws of the Republic;
2. 1.2.2 specify to Clients and users of Citi-Tech’s service what activities and online behaviour are considered an unacceptable use of the service;
3. 1.2.3 protect the integrity of Citi-Tech’s network; and
4. 1.2.4 specify the consequences that may flow from undertaking such prohibited activities.
1.3 This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, Citi-Tech encourages the Client to read this document thoroughly and direct any queries to aup@cititech.co.za.
1.4 Citi-Tech respects the rights of Citi-Tech’s Clients and users of Citi-Tech’s services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.
2. Unacceptable Use
2.1 Citi-Tech’s services may only be used for lawful purposes and activities. Citi-Tech prohibits any use of its Services including the transmission, storage and distribution of any material or content using Citi-Tech’s network that violates any law or regulation of the Republic. This includes, but is not limited to:
1. 2.1.1 Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. 2.1.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. 2.1.3 Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
4. 2.1.4 Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
5. 2.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with Citi-Tech on behalf of another client without their consent.
6. 2.1.6 Any violation of the exchange control laws of the Republic.
7. 2.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal software.
3. Threats to Network Security
3.1 Any activity which threatens the functioning, security and/or integrity of Citi-Tech’s network is unacceptable. This includes:
1. 3.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Citi-Tech for this goal.
2. 3.1.2 Any effort to use Citi-Tech’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
3. 3.1.3 Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
4. 3.1.4 Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
5. 3.1.5 Any activity which threatens to disrupt the service offered by Citi-Tech through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.
6. 3.1.6 Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
7. 3.1.7 Any unauthorised monitoring of data or traffic on the network without Citi-Tech’s explicit, written consent.
8. 3.1.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
9. 3.1.9 Failing to respond adequately to a denial of service attack (DOS / DDOS).
4. Definitions
4.1 Throttling
Throttling limits the throughput of all services and protocols. Regardless of the connectivity speed, a throttled account will only be able to achieve limited throughput in total whilst using that account on their line. The connection itself is not affected, and using an unthrottled account will return line performance to normal. throttling is applied on an individual user basis, based on usage over a daily rolling window threshold. Throttling is applied only when demand on the network exceeds available network capacity, and is relieved when demand decreases.
4.2 Shaping
Shaping is the implementation of protocol based priority, to manage demand on the network. When shaping is implemented, real-time, interactive services are given higher priority over non-real-time, non-interactive services, effectively slowing the performance of non-prioritised services in favour of those given priority. Shaping is applied to all users in general (not based on usage thresholds), and the impact to non-priority services is determined by the level of demand and available network capacity. Shaping is applied only when demand on the network exceeds available network capacity, and relieved when demand decreases.
5. Uncapped Monthly Thresholds, Throttling, Shaping and Bandwidth Priority
5.1 Our Basic Packages have a threshold (based on a daily rolling window) after which speeds could be subject to shaping and throttling based on network demand. Premium Packages may also be subject to shaping when demand on the network is high. Our aim is to apply as little (or no) shaping or throttling to our Wireless Internet accounts, where network resources allow. In the case of increases in demand, throttling and shaping will be applied to Basic accounts first, then shaping to Premium accounts in cases of extreme network congestion.
5.2 Basic Packages are subject to throttling only when a user has reached their monthly threshold. Throttling is only applied during peak demand periods, when required, to manage overall network demand. Users who have exceeded their threshold will experience unthrottled speeds during off-peak hours. Premium Packages are not subject to throttling or monthly thresholds, and will enjoy full speed real-time services under all normal circumstances, but may be subject to shaping of downloads only if the network is under strain.
5.3 Value, Basic and Premium Uncapped users will be able to access significant amounts of data, regardless of whether shaping or throttling is applied (as per 1 and 2).
5.4 Monthly Thresholds:
o 1 Mbps Basic: 20GB
o 2 Mbps Basic: 40GB
o 4 Mbps Basic: 80GB
o 10 Mbps Basic: 120GB
6. Contention
6.1 Network capacity and performance is subject to contention for services from users. This means that a significant rise in demand can affect the availability of bandwidth to users. Citi-Tech manages contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from users and is not strictly within Citi-Tech’s direct control, however Citi-Tech will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to offer the best possible experience at all times.
7. Spam and Unsolicited Bulk Mail
1. 7.1 Citi-Tech regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
7.1.1 Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
7.1.2 Mail sent by one party to another with the explicit consent of the receiving party.
7.1.3 Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
7.2 Citi-Tech will take swift and firm action against any user engaging in any of the following unacceptable practices:
7.2.1 Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
7.2.2 Using any part of Citi-Tech’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
7.2.3 Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Citi-Tech does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Citi-Tech will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Citi-Tech, at its discretion, believe that this is the case, it will be treated as SPAM.
7.2.4 Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
7.2.5 Using Citi-Tech’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Citi-Tech’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
7.2.6 Including Citi-Tech’s name in the header or by listing an IP address that belongs to Citi-Tech in any unsolicited email whether sent through Citi-Tech’s network or not.
7.2.7 Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Citi-Tech reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Citi-Tech also reserves the right to examine the mail servers of any users using Citi-Tech’s mail servers for “smarthosting” (when the user relays its mail via a Citi-Tech mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Citi-Tech’s Privacy Policy and the laws of South Africa.
8. Users Outside of South Africa
8.1 Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Citi-Tech will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Citi-Tech’s resources, including the provisioning of all personal identifiable data.
9. Hosting
9.1 Citi-Tech offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Citi-Tech’s discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Citi-Tech reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.
9.2 Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
9.3 For Shared Hosting and Managed Dedicated Solutions, Citi-Tech will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Citi-Tech is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.
9.4 Citi-Tech will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
9.5 Citi-Tech prohibits Clients from doing the following on hosting platforms administered by Citi-Tech:
9.5.1 Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
9.5.2 Running applications with inadequate security controls.
9.5.3 Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
9.5.4 Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
9.5.5 Storing malicious content, such as malware or links to malware.
9.5.6 Monopolising server resources, including CPU time, memory, network and disk bandwidth.
9.5.7 Maintaining long-running processes and long-running database queries.
9.5.8 Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
9.5.9 Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
9.5.10 Using poor passwords.
9.5.11 Sharing security credentials with untrusted parties.
9.5.12 Running Torrents for download or Seed Servers.
9.5.13 Running TOR (or other Online Anonymity Services).
9.5.14 Otherwise circumventing the Acceptable Use Policy or intended use of the product.
9.5.15 The mining of cryptographic currencies on our Physical and Virtual hosting platforms. This causes considerable strain on our hosting resources outside of reasonable limits and is therefore prohibited.

10. Protection of Minors
10.1 Citi-Tech prohibits Clients from using Citi-Tech’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
10.2 Citi-Tech prohibits Clients from using Citi-Tech’s service to host sexually explicit or pornographic material of any nature.
11. Privacy and Confidentiality
11.1 Citi-Tech respects the privacy and confidentiality of Citi-Tech’s Clients and users of Citi-Tech’s service. Please review Citi-Tech’s Privacy Policy which details how Citi-Tech collects and uses personal information gathered in the course of operating its Services.
12. User Responsibilities
12.1 Clients are responsible for any misuse of Citi-Tech’s services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Citi-Tech’s service.
12.2 Citi-Tech urges Clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and Citi-Tech cannot be held liable for the Client being placed on any bulk mailing lists as a result.
12.3 Where the Client has authorised a minor to use any of the Citi-Tech’s services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.
13. Complaints Procedure
13.1 Complaints relating to the violation of this AUP should be submitted in writing to abuse@cititech.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to Citi-Tech’s network and services.
14. Action Following Breach of the AUP
14.1 Upon receipt of a complaint, or having become aware of an incident, Citi-Tech may, in its sole and reasonably-exercised discretion take any of the following steps:
14.1.1
In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;
14.1.2
In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
14.1.3
In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
14.1.4
In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
14.1.5
Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
14.1.6
Institute civil or criminal proceedings;
14.1.7
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies; and/or
14.1.8
suspend or terminate the Service as provided for in the Agreement.
14.2 This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
15. Reservation and Non-Waiver of Rights
15.1 Citi-Tech reserves the right to amend or alter this policy at any time, and without notice to the Client.
15.2 Citi-Tech reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Citi-Tech’s services, to the fullest extent of the law.
15.3 Citi-Tech reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Citi-Tech’s network.
15.4 Citi-Tech does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Citi-Tech fail, neglect or elect not to enforce a breach of the AUP at any time.

This document is to explain how we handle data and information collected from you whilst visiting our web site.
Privacy Policy for Subscribers:
The following policy applies to subscribers of our services:
To register for our services you will have to provide us with personally identifiable information to enable us to provide you with our services. The information you provide will be entered into our database.
If you register as a client, we do not make your personally identifiable information available to anyone unless required by law to do so.
Information Collected from E-mail:
When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within Citi-Tech. Once received, the information to your email is protected in accordance with law, (e.g. the Privacy Act and the Freedom of Information Act).
Privacy Policy for All Visitors
This is information Collected and Stored Automatically:
When you visit our web site to read web/html pages or download information, we automatically collect and store the following non-identifying information:
• The Internet protocol (IP) address from which you access our web site. An IP address is a unique number that is automatically assigned to the computer you are using whenever you are surfing 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 our site is accessed, for the purpose of traffic and statistical monitoring.
• The pages visited, for the purpose of improving the usefulness of our web site by providing helpful links and removing pages that are not read.
• This information does not identify you personally. We maintain the above information in system logs. We use this information to make our site more useful to visitors by learning the number of visitors to our site, the number of pages served, and the level of demand for specific pages. We do not track or record information about identifiable individuals and their visits.
Security, Intrusion, and Detection:
For site security purposes and to ensure that this service remains available to all users, our computer system employs software programs and hardware devices to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

All Rights Reserved. Citi-Tech South Africa 2018