DSL Service Terms

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1. Specific Terms and Conditions
1.1. These Service Terms are entered into subject to the DiaMatrix Standard Terms, which are incorporated by reference. Unless this document states otherwise, it will be subject to the Standard Terms, including the definitions and rules of interpretation contained in it.
1.2. The Customer hereby appoints DiaMatrix C.C. also known as www.domains.co.za to perform the Services as described in these Service Terms and the Service Order and DiaMatrix hereby accepts the appointment.
1.3. To the extent that any provision of this document conflicts with the provisions of the Standard Terms, the provision of this document will prevail.
2. Definitions
2.1. “Agreement” means this agreement between DiaMatrix (www.domains.co.za) and the Customer as described in clause 1.1.
2.2. “ADSL” means asymmetric digital subscriber line.
2.3. “Cap” means the quantum of data throughput (bandwidth) allocated to the Customer by DiaMatrix during a particular billing period.
2.4. “Capped” means a connectivity service that is provided on a metered basis; if the Customer exceeds the Cap, the connectivity is blocked or restricted.
2.5. “Fee” means the fees and charges due to DiaMatrix by the Customer in respect of goods or services provided by DiaMatrix to the Customer in terms of this Agreement.
2.6. “Rollover Capped” means a Capped Service where the unused bandwidth rolls over as described in clause 9.2.
2.7. “Service” means an ADSL connectivity service provided by DiaMatrix to the Customer in terms of this Agreement.
2.8. “Service Order” means a services order describing the specific Services to be provided by DiaMatrix to the Customer in terms of this Agreement. Such an order may be placed via DiaMatrix’s website, per email or otherwise in writing.
2.9. “Supplier” means a supplier of goods and / or services to DiaMatrix.
2.10. “Uncapped” means a connectivity service that is not Capped.
3. Description of Service
3.1. DiaMatrix will provision an ADSL internet access Service as described in the Service Order.
3.2. The Customer can upgrade or downgrade data packages, but any such change will only be applied at month end and not pro-rated.
4. Duration
4.1. The Services will be provided on a month-to-month basis until terminated on one calendar month’s written notice or otherwise as per the Standard Terms.
4.2. DiaMatrix uses upstream Suppliers to provide the Services to the Customer, and can terminate this Agreement immediately if its agreement with that upstream Supplier is terminated.
5. Fees
5.1. See the provisions of the Standard Terms as they relate to fees, which are deemed to form part of this clause 5.
5.2. Should the Customer fail to pay any of the fees contemplated within the periods stated, DiaMatrix may; without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, suspend provision of the Service, unless it is the subject of a billing dispute by the Customer in which case ALL undisputed billing should be paid in full.
5.3. Under no circumstances whatsoever will DiaMatrix be obliged to refund any Fees paid by the Customer in terms of this clause 5. No credit will be given for unused bandwidth on termination of the Service.
5.4. Customer must pay the Fees as specified in the Service Order. No pro-rata is offered on the order as all data is provided up front.
6. Service Feasibility
6.1. Before DiaMatrix can commence with provision of the Service the Customer must have an active telephone connection at the premises at which the Service is to be provided, and that connection must support the provision of ADSL services, as this is a prerequisite for provision of the Service.
6.2. DiaMatrix cannot guarantee the provision of the requested Service upon the receipt of an order. Provision of the Service is subject to DiaMatrix confirming that it is technically feasible to do so. The Customer will be formally notified after receipt of an order on whether or not the Service can be provided.
6.3. If the Customer already receives ADSL access services from another provider at the premises in question, it must terminate such services before DiaMatrix can provide its own Services.
6.4. If the requirements of clause 6.1 or 6.2 are not met, the Agreement will terminate, and no liability will attach to DiaMatrix for any loss suffered by the Customer as a result.
7. ADSL Line
7.1. If the Customer does not have an existing ADSL-capable telephone connection at the premises at which the Service is to be provided, it can either have Telkom install the necessary connection, or DiaMatrix can do so (if such services is provided by DiaMatrix at the time).
7.2. In the case of a pre-existing connection or a Telkom connection, the Service does not include ADSL line rental, and the Customer is liable for its payment.
7.3. DiaMatrix will install the ADSL connection if such service is offered and instructed to do so in a Service Order on the following conditions:
7.3.1. The Customer qualifies for the ADSL Self Install Option according to criteria determined by Telkom;
7.3.2. Telkom approves DiaMatrix’s application on behalf of the Customer;
7.3.3. The Customer pays line rental to DiaMatrix along with the Fees in respect of the ADSL Service; and
7.3.4. Any installation or other fees, payable to Telkom or any other 3rd Party, are for the Customer’s own account.
7.4. DiaMatrix will not be in breach of this Agreement should it be unable to provide the Service due to non-payment of ADSL line rental.
8. Bandwidth
8.1. DiaMatrix will monitor the quantum of data that the Customer uploads and downloads using the Service to determine whether the Customer has reached the Cap (in the case of a Capped Service).
8.2. The steps that DiaMatrix will take to monitor usage are determined by the nature of ADSL technology. These steps may include periodically terminating the Customer’s ADSL session in order to take a measurement.
8.3. Additional bandwidth can be purchased at any time during a billing period by accessing the DiaMatrix (www.domains.co.za) Website.
8.4. Additional bandwidth will be invoiced instantly and debited against the nominated bank account and / or credit card where a debit order and or credit card agreement exists.
8.5. DiaMatrix reserves the right to refuse to provide additional bandwidth where the Customer does not pay by debit order and or credit card or does not pay instantly online.
8.6. Customers will be hard capped when they reach their fixed Cap or exhaust pre-paid or other bandwidth as the case may be, which means that they will not have connectivity using the Service until the end of the current billing period or until they add additional bandwidth to their account.
8.7. Where a Customer exceeds its pre-paid bandwidth or fixed Cap, as the case may be:
8.7.1. DiaMatrix may allow a degree of over usage, at its sole discretion, but this will not constitute a waiver by DiaMatrix of its right to enforce the Cap.
8.7.2. DiaMatrix may at its discretion recover the cost of over usage, which may be done by way of a deduction from the Customer’s allocated bandwidth in the subsequent billing period.
8.8. DiaMatrix will provide usage data to the Customer in their website portal, via e-mail and / or SMS. The Parties agree that this is a complimentary offering and DiaMatrix will not be liable for any damages arising from any statement of the Customer's data usage on such website.
9. Roll-over
9.1. In the case of a Regular Capped Service, rollover of unused bandwidth will only be provided for the period purchased. Unused bandwidth will expire at the end of the billing period for which it was purchased, unless the Customer’s data package is upgraded or downgraded during the period, in which case the accumulated bandwidth will be forfeited. Unused bandwidth will not be credited under any circumstances.
9.2. In the case of a Rollover Capped Service:
9.2.1. all bandwidth that is not used in a particular calendar month will automatically “roll over” and be added to the available bandwidth for the following calendar month.
9.2.2. Bandwidth will be accumulated for a period of five (5) months after the calendar month in respect of which it was allocated totalling 6 (six) months including the allocated period, where after it will expire and no longer be available for use.
9.2.3. In any given calendar month the bandwidth allocated for that month will be used first, followed by any bandwidth that has accumulated.
9.2.4. Bandwidth accumulation / rollover can never exceed 6 (six) x the monthly capped or a total of 6 months. (EG: 50GB rollover capped account not used for 6 months can only accumulate until 300GB (6x50=300))
9.2.5. Should the Customer terminate the Service then all accumulated bandwidth must be used within the notice period after the date of notice of termination. For the avoidance of doubt, the bandwidth will not be available should the Service be terminated by DiaMatrix as a result of the Customer’s breach of contract. Should the customer opt / select “instant termination / immediate cancellation” via the DiaMatrix control panel then ALL bandwidth will expire IMMEDIATELY. Should the customer have opted / selected “instant termination / immediate cancellation” by mistake / unintentionally, unused bandwidth CANNOT be added back / re-instated and will be lost forever.
10. Concurrency
10.1. DiaMatrix Regular Capped Services, Uncapped Services and Rollover Capped Services allow only one connection and user for each account unless this is specifically stipulated for specific products.
11. Fair Use Policy
11.1. This clause 11 applies only to Uncapped Services and Rollover Capped Services.
11.2. In order to provide a reasonable service to all of its customers using the resources at its disposal, DiaMatrix employs selective shaping and throttling depending upon the capacity and load on its network at any given time.
11.3. If DiaMatrix’s network capacity is stretched it will dynamically shape and throttle certain customers’ uncapped accounts to relieve congestion. Should the network congestion reduce, the level of shaping and throttling will be reduced or removed.
11.4. The uncapped customers to be shaped and throttled will be chosen based on their historic bandwidth usage, and those who have used the most bandwidth will be throttled first if there is network congestion.
11.5. Regular Capped Services will not be throttled or shaped and will always get as much speed as their line as DiaMatrix’s network allow (subject to contention).
12. Service Levels
12.1. DiaMatrix makes use of upstream providers to itself provide the Service, and consequently service levels are subject to the performance of such upstream providers. Other factors may also impact the quality of the Service, including network availability, distance of the Customer’s location to the local exchange, line copper quality and line sync speed limitations. As a result, DiaMatrix can only provide the Service on a “reasonable effort” basis and makes no warranties as regards quality of the Service, including data throughput and availability of the Service.
12.2. The Service provides access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Customer’s access, for which DiaMatrix accepts no responsibility.
12.3. The contention ratio applicable to the Service will fluctuate depending upon the time of day and other factors. The Customer accepts that due to the contention ratio the throughput on the Service will rarely reach the maximum theoretical level.
13. Support
13.1. The Customer will be responsible for reporting faults in the Service to DiaMatrix.
13.2. DiaMatrix will provide support for the Service during Business Hours either telephonically or as set out on the DiaMatrix Website, and will resolve faults relating to the DiaMatrix System on a reasonable effort basis.
13.3. For the avoidance of doubt, support will not include anything which is out of the reasonable control of DiaMatrix, including without limitation:
13.3.1. faults in the Customer's hardware such as its computer or modem;
13.3.2. faults with the Customer's telecommunication service provider’s system or equipment; and
13.3.3. faults in DiaMatrix's service providers’ networks or equipment.
13.4. Should the fault lie with another party, DiaMatrix will make reasonable efforts to advise that other party of the fault.

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