Terms of Service
“We believe in a personal relationship with our clients. To us, you are not just a number”.
1. Detailed description of goods and/or services
Snowball Effect (Pty) Ltd (herein referred to as “Snowball”) is an Internet service provider that markets hosting, Internet access and web development services.
2. Delivery policy
Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery confirmed telephonically or via e-mail.
By agreeing to use our services you agree to our standard terms and conditions.
4. Return and Refunds policy
The provision of goods and services by Snowball is subject to availability. In cases of unavailability, Snowball will refund the client in full within 30 days. Cancellation of credit card orders by the client will attract a 5% administration fee. Snowball provides a full 30 day money back guarantee on all services. All goods such as hardware and software remains the property of Snowball until paid in full.
“CPE” means Customer Premises Equipment, including the antennas and communication cards, all cabling, gateways and modems installed at a Subscriber’s Premises to send and / or receive a signal via a radio link and may include any other special equipment provided by the Service Provider to facilitate any future enhanced services to the Subscriber
5. Wireless Equipment Guarantee
- Upon activation and installation of wireless equipment, we offer up to 12 months guarantee on all equipment with the exception of any physical negligence done to the equipment.
- All changes / improvements / repairs to the equipment are for the client’s account unless the damage / fault is as a result of the company’s negligence.
- The high site equipment is always the responsibility and property of the company and the client will never be held responsible for any changes / repairs needed on the high site.
- It is standard policy for clients to be pre-advised of any potential costs in either the form of a formal quote, when the exact fault is known, or an estimate, when an onsite evaluation is required.
All risk of loss, theft, destruction or damage to the CPE as a result of the Subscriber’s negligence shall vest in the Subscriber.
If any CPE is lost, stolen or damaged, the Subscriber shall immediately notify the Service Provider in writing and shall at all times remain liable for all / any costs and charges pertaining thereto. The Service Provider shall as soon as reasonably possible replace the CPE. The cost of this replacement equipment shall be for the Subscriber’s account.
The Service Provider shall bear the risk of any operational failure in relation to the CPE and / or any damage or loss suffered thereto which is attributable to Force Majeure (“act of God”) and shall repair and / or replace such CPE at no charge to the Subscriber on condition that the above clause has not been breached in any way.
Where the Subscriber purchased equipment from the Service Provider, the Manufacturer’s warranty will apply to such equipment provided that it has not been misused, over-loaded, modified or repaired by an un authorised party. The Service Provider may require the subscriber to make available the equipment to the Service Provider or it’s nominee for inspection at a time and place to be arranged by the Service Provider.
The CPE shall remain the property of the Service Provider and will be collected upon cancellation of this Agreement.
Operational equipment failure or any other eventuality as per above clause shall in no way be deemed to constitute a breach of or a termination of this Agreement which shall remain in full force and effect
The Subscriber hereby warrants and undertakes in favour of the Service Provider that:
- it shall not use or allow the Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Services;
- it will only use the CPE provided by the Service Provider and in doing so shall comply with any applicable legislative and / or regulatory obligations which may, from time to time, be imposed in relation to the use of CPE’s and the provision of Services, in addition to any directives issued to this extent by the Service Provider itself;
- it recognises that no right, title or interest in any software of any CPE, issued to the Subscriber, vests in the Subscriber; and
- it shall not, nor permit any third party, to reverse engineer, decompile, modify or tamper with the software contained in or pertaining to any CPE.
The CPE may only be utilised for its intended purpose and in accordance with the Service Provider or the manufacturer’s instructions, as the case may be.
The Service Provider shall, for the duration of the Agreement and at its sole discretion, upgrade and / or replace CPE installed at the Subscriber premises from time to time with due notice.
The Service Provider reserves the right to remove the CPE when the contract is terminated and/or temporarily suspended.
6. Tax Exemption
Unless otherwise noted all prices on this web site includes Value Added Taxes (VAT). Residents from outside the Republic of South Africa are exempt from South African VAT.
Snowball shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
8. Acceptable use policy
Snowball’s hosting and Internet access services are government by our Acceptable Use Policy (AUP). Our AUP policy states that none of services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. We currently do not allow P2P on our network.
Snowball’s uncapped ADSL and uncapped wireless accounts will never be capped. However, our uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If you intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage are affecting other users on our network’s internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individual’s abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service.
For more information on our Acceptable Use Policy please follow the link provided.
9. Fair use Policy (applicable to all Uncapped ADSL services)
The usage is monitored on a rolling 10 day period and does not reset at the beginning of each month. All service options are Unshaped. Should usage remain less than 80% of the average user for each product, the service will remain unaffected. However should individual usage exceed 80% of the average user for each product, then the first level of moderation will be implemented, moving the service to a Shaped service. Shaping or moderation is implemented via download throttling and user relative priority control will first be applied to all file sharing protocols. Should usage remain above the 80% average threshold, additional shaping will be managed via manipulation of throttling and priority control. The 4096 Lite is managed at 50% of the average and is designed for light users who still require high speed access to the internet.
10. Wireless Services – Speeds available
Please note that all Wireless services require a clear line of sight to our nearest tower in order to be effective. These services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed. Variations may exist and if this is the case, we recommend downgrading to a slower package for stability.
Also note that all Wireless Uncapped services are shaped according to a burst algorythm.
11. Spamming Sites
Should any aspect of a client’s website cause spam and disrupt the service to any of our other clients, we will immediately suspend the hosting services of the website responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.
12. Client changes to personal domains
Snowball Effect reserves the right to charge a service fee, for any changes or system corrections needed on servers or domains owned by clients, when the changes or corrections needed are the result of changes made by the client.
13. Client Access Disclaimer
Snowball Effect reserves the right to charge a specialized IT Support fee, for any changes or system corrections needed on client installations and networks, in the event of a request for full systems access by the client.
Snowball’s servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken from the Internet Service Provider’s Association, our governing body.
15. Payment options accepted
Payment may be made via Debit Order (Bank Draft) and Visa / MasterCard /American Express credit cards. Unless otherwise specified all hosting and Internet access services are payable pro-rata in advance except Uncapped ADSL products.
16. Payment on additional invoices
As per the terms on our service application forms, please note that you are in agreement to accept any additional relevant charges submitted against your account, not included in the monthly service invoices. This may include top up invoices, job card invoices, or invoices related to overuse for hosting services.
17. Debit Orders
Snowball Effect’s debit orders are processed once a month, typically on the last working day of each month (please take note that we bill pro rata in advance)
For new client’s your initial debit order amount may include
- pro rate for month of joining (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month, we recommend paying this amount via EFT to alleviate financial pressure)
- 1st month billing (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month, we recommend paying this amount via EFT to alleviate financial pressure)
- 2nd month billing – pre billed as per terms of service
For example: If you join on the 29 January 2015, your first debit order batch will be as follows:
- Pro rata amount R 34.90 (29/01/2015 – 31/01/2015)
- 1st month billing R 349.00 ( 01/02/2015 – 28/02/2015)
- 2nd month billing R 349.00 ( 01/03/2015 – 31/03/2015)
Debit order will be deducted from your account on 27/02/2014 for the total amount of R 732.90
Should a customer’s monthly debit order return as rejected for any reason, a rejection fee of R50 will incur and this will immediately be billed as a separate invoice.
Upon signing up with Snowball Effect, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any top up invoices generated for Internet connection, as well as traffic or disk over usage invoices that are created for hosting. As all invoices are automatically e-mailed immediately after they are generated, it is the client’s responsibility to contact Snowball Effect should they have any queries relating to an invoice upon receipt thereof.
19. Credit card acquiring and security
Credit card transactions will be acquired for Snowball via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
20. Customer details separate from card details
Customer details will be stored by Snowball separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
21. Payment via Credit card
All new orders placed where the account holder is making payment via Credit card will need to be accompanied by copies of the account holder’s Credit card (front and back of the card) before the order will be processed. Should a client wish to change their payment method to Credit card, or update their Credit card details, this will also be required.
Snowball takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
23. Country of domicile
This website is governed by the laws of South Africa and Snowball chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Snowball at its sole discretion, may choose to change the terms, conditions and operation of this website at any time without notice. This includes the occasional adjustment of our pricing allowing for the notification of our clients within 21 days.
25. Non Payment on Overdue Invoices
All invoices – unless otherwise indicated are due COD, or by the first of each month as all monthly services are billed in advance for the upcoming month. Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client’s profile. Should we receive no response with regard to outstanding invoices, the account will be handed over to our listing agency – Accountability. The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment to Snowball Effect. Should payment not be received after the 30 days, the account holder will be blacklisted for non-payment.
It is the responsibility of the client to ensure that Snowball Effect has their updated details, and this is available for each client to view in their client area. It is also the responsibility of the client to be in contact with Snowball Effect to arrange for payment before the account is handed over.
26. Late Payment for Domain Renewals
In order to avoid having your domain suspended due to late payment, please ensure you make payment prior to the due dates stated on the invoice for the renewal. Failure to do so may result in the domain becoming suspended and even being purchased by another entity while unpaid.
Our renewal notices and invoices are sent out more than 30 days in advance, so ensure that your listed email address is the correct one with which to reach you.
27. Transferring of domains away
If you want to transfer, move, or cancel a domain, the abbreviated procedure is as follow:
- Client submits cancellation request
2. New domain registrar initiates transfer
3. Snowball accepts transfer
4. Domain is transferred
It is imperative that you contact your new ISP before transferring a domain away so that this entire process can facilitated. The essence of transferring a domain away is that the new (“incoming”) ISP does most of the work. If the new ISP does pro-actively manage the transfer your domain might go into redemption and then get re-registered by another party.
28. Domain Renewals .CO.ZA
Snowball uses the official South African domain registrar to register .CO.ZA domain names. This registrar provides an option to pay them directly instead of going via the ISP. The money Snowball collects for domain registrations and renewals are used to cover our administrative, billing, tech support, and infrastructure costs. For example, for every domain name that resides on our servers, we run fully redundant servers, locally, and internationally. If a client elects to pay the domain registrar directly instead of honouring our invoices, Snowball reserves the right to not host the client’s DNS.
29. Backups for Hosting Packages
Daily backups are made of the webfiles on our servers and they are available in the event that your site needs to be restored. Please note that we do not offer any backups for mails linked to the domain hosted with us and suggest that you always ensure a local copy.
It is highly recommended that you also create a separate backup of all your DNS records, web files and mailbox content, to prevent loss of data as we do not guarantee backups. For more info on our backup services, visit our info page on Online Cloud Backup solutions.
30. Technical Support regarding Overuse Investigation
Our hosting and Internet access platforms already provide clients with detailed statistics of usage. Sometimes clients find it difficult to understand that they are using such a large amount of overuse. If a client is unable to resolve the issue using the tools at their disposal and they would like Snowball Effect to investigate further, our Support team will be able to assist on this matter at a charge rate of R 200 per domain / account. Charges will not be applied should there be a system fault on Snowball Effect’s side. For further clarity on this please contact our help desk.
31. System Administration Support Fees Charged
Snowball charges for system administration of client servers. If we need to log a call with Parallels, a fee of $75.00 is charged to the client for each incident, and is payable upfront.
32. Transfer Requests Outside Office Hours
If a client wishes to transfer a domain out of office hours, the following policy applies:
- The client must make sure the domain and all related services are paid up to date.
- The incoming ISP must get confirmation in writing (e-mail is fine) that the accounts department will accept the transfer.
If the above procedure has not been followed the after hours (emergency personal) will be unable to help.
Please note that all outgoing domain transfers are automated. If your domain or any of the related service are not paid up to date the domain transfer will be automatically declined. Manual override can only be done during office hours.
Transfer tickets are only accepted once the cancelation for the specific hosting product has been requested online in the client area by the client, and in accordance with Snowball’s 30 day notice period for hosting product cancellations.
33. Service Changes
As a prepaid service, meaning services are paid up front, a downgrade of service can only take place on the 01st of each month. Whilst you are able to request the downgrade at any time, we will only activate the changes on the 01st of the following month.
An upgrade can take place at any stage by contacting our Accounts department to request it.
All promotions and special offers are for NEW customers only. Any customer who currently has an active account (address where current service is being provided to) will not qualify for the promotion or special offer, as they are still subject to the above terms, and or our termination of service requirements (see below).
34. Termination of Service
The General Terms of Service of this agreement commences on the Effective Date and will continue indefinitely, subject to termination by either party on 1 (one) months prior, following our online cancellation procedure.
Cancellations are accepted by completing an online cancellation request in the customer client area. Cancellations are processed as follows:
- Services which are currently offered on a month-to-month basis, are required to be cancelled by the client with a 1 (one) month notice period. Any cancellation received after the 5th of the new month will still be required to pay for said services until the end of this month as services are provided in advance, and as such all monies owed for services must also be paid in advance. Should a client cancel their debit order, or fail to pay via EFT for the service prior to the notice period being completed, will be liable for any additional costs which may be incurred, which may also include debt collection agency costs to recover said service fees.
- Any services offered on a contract basis will be subject to the agreed terms of service and any contractual agreement which may have been in place at the time of agreeing to the fixed term contract. Therefore, any cancellation request/instruction received for said service is subject to the terms of the agreement, as well as the client being liable for any cancellation fees, administrative costs that could potentially incur due to the cancellation of the contracted service.
- All cancellations must be either emailed to email@example.com or logged via the Client portal on our website. We are unable to accept cancellations from any other person other than the registered account holder. A cancellation cannot be actioned via a telephonic request, and must be submitted in writing. Should the client fail to submit a written instruction of cancellation, then the request will not be actioned as a cancellation. All cancellations are to be accompanied by the Identity Number of the account holder to validate proof of cancellation been received by the rightful account holder.
- At the discretion of the Service Provider, Snowball, a service may be cancelled without notice in the event of non-payment, breach of our terms of service, abuse of service, or any other factor which the Service Provider may deem necessary.
- It is the responsibility of the client to ensure that they make themselves available for our technicians to remove hardware owned by Snowball before the cancellation will be actioned. Should we attempt numerous times to schedule the collection and/or removal of the hardware [router, pole and dish] without any success due to a fault [or unwillingness of the client to allow us access to collect], then the service will not be cancelled, which could result in the client being handed over for debt collection to recover the losses incurred by Snowball. Should the client wish to remove the hardware themselves and return it to our offices, they may do so before cancellation will be actioned. It is important to note that should the client opt to remove the hardware themself(ves), the hardware must not be broken and/or damaged in order for the client to not be liable to cover the cost of the hardware.
Please note that the cancellation period is 90 days in the case of clients who have an Internet Solutions contract service with Snowball Effect after the first year. All contracted customers are subject to the rules and regulations of that contract and may be required to pay a cancellation penalty to be determined when cancellation is requested, and partly based on the remainder of the contract period.
35. VoIP Cancellations
Please note that should you require your VoIP services cancelled, a 30 day notice period is applicable. As Snowball is a reseller for this product, you will need to request a separate cancellation for this service.
An email should be sent to firstname.lastname@example.org to request that the VoIP services be discontinued and cancelled with the supplier. Snowball will process the cancellation with the supplier on your behalf once the cancellation email has been received.
36. Client Contact Details
It is the client’s responsibility to keep their contact details up to date. This is easily accessible via the Client Area
37. Health and Safety Regulations
In compliance with best practice, we do not allow engineers to complete any work during harsh winds or on wet surfaces especially roofs. All appointments scheduled on days when there are strong winds or rain, will be rescheduled to the next available date. This is due to safety regulations and the risk of injury.
38. Support Procedures
Snowball Effect has standard procedures for obtaining technical support and escalations.
Clients are requested to log a ticket when experiencing difficulties. Methods for logging tickets are as follows:
- Using our website, https://www.snowball.co.za/support
- Sending an e-mail to email@example.com
- Phoning our 24-hour help line, 021 880-2228
When requesting technical support you will be given a ticket number. All our technical support cases are attached to a ticket number which we use to trace the issue through our system. Without a ticket number, we cannot process any support request. Should you not receive a ticket number by default, please ensure that you ask for one. If you require to escalate a call, ensure that you quote your ticket number when proceeding with the escalation request.
Please do not contact our Support Engineers directly on their personal e-mail address or via any of the chat programmes such as GChat or WhatsApp, as your query will not be handled efficiently.
Our Support Department should not be contacted for any reason on their cell phone numbers when reporting a problem.
Our system is set up to handle all technical support queries in an efficient manner and problems will only be addressed by following one of the three reporting methods above.
39. Our SLA and turnaround times
The following response time periods are applicable with regards to our support structure:
- Within 24hrs – emergency maintenance to Snowball infrastructure such as high sites and apartment hotspots
- Within 72hrs – snaglist resolution of jobs already started
- Within 4 working days – maintenance and call out jobs
- Within 4 working days – large site installations and network setups once quote accepted
- Within 10 working days – client standard installations from forms received
These times do not include weekends or public holidays.
40. Labour Rates
Standard Labour – Installing radios, moving installations – R 570.00 INLC VAT/HR
IT Support Labour – IT Support calls and onsite support – R 820.00 INCL VAT/HR
Specialised Labour – IT Support done by a senior engineer – R 1 070.00 INCL VAT/HR
*ABOVE RATES EXCLUDE TRAVEL FEES OF R5.00 P/KM
41. Snowball’s Contact Details
|Physical Address||Postal Address|
|91 Bird Street, La Colline, Stellenbosch||
P.O. Box 1369, Stellenbosch, 7599, South Africa
|Email : firstname.lastname@example.org|
42. Installations – Use of own equipment or own installation done
Snowball does not bear responsibility for a lack in QoS (Quality of Service) of the package line stability and speed, when equipment is used for a wireless installation that is not purchased from Snowball directly or if the recommended equipment is not used.
Additionally, if the installation is done by anyone other than Snowball-approved contractors or employees through the official Snowball booking channels, Snowball reserves the right to charge for any changes or system corrections needed on client installations and networks as well as equipment to be purchased.
43. Criminal Activity on Snowball’s Network
No form of criminal activity will be tolerated on Snowball’s network. This includes hacking or phishing or trespassing on any person’s system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Snowball for the information. Snowball, however, reserves the right to disconnect a user’s system until such time as the investigation is completed.