Use of our Site and Services
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of C-Way Computers or any of its employees.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect. Additional disclaimer clauses apply, and can be viewed at http://www.c-way.co.za/ispadisc.aspx.
Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website
- We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
When you sign up or click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site or at our office unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website or at our offices.
Connection Speed and Service Levels
ADSL, Wireless and VOIP is provided as a best-effort service and up time and connection speeds cannot be guaranteed. During any technical failure, modification or maintenance of the service provided, C-Way Computers will always use all reasonable and to the best endeavors to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of C-Way Computers.
ADSL and Wireless Internet connection speeds are not guaranteed. Connection speeds are sold as “up to” products. This means that if you purchase a 2Mb connection, the fastest connection you will get will be 2Mb. This does not mean you “will have” a 2Mb connection to the internet. As service providers cannot guarantee connection speeds, it always remains a “best effort”connection. Data transfer speeds are subject to upstream providers and network utilization over a license excempt frequency that is free to use by everyone and therefor no guarantees are possible. Speed and quality is determined by “Radio Frequency” in use by all Wireless internet users. This is from our own network and from other wireless suppliers of which we have limited control over. For this reason Speedtests does not consider nor reveal your current usage on you line but merely test traffic flow possibilities at that specific moment the test was conducted. This is true for all ADSL Capped, ADSL Uncapped, and Wireless Internet Connections regardless of the Internet Service Provider you are using. Kindly be aware of this before you lodge a complain about the “Connection Speed” you get.
The customer hereby unconditionally and irrevocably indemnifies C-Way Computers and agree to indemnify and hold C-Way Computers harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by C-Way Computers as a result of any claim instituted against C-Way Computers by a third party (other than the customer) as a result of (without limitation):
- the use of C-Way Computers services or products other than as allowed or prescribed in the Agreement;
- any other cause whatsoever relating to the Agreement or the provision of services or products to the customer where the customer have acted wrongfully or failed to act when the customer had a duty to so act,
- To the fullest extent possible, the customer disclaims all responsibility or liability for any damages or loss howsoever arising, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use the services in any manner or from any reliance on the services in any way.
- The customer agrees to indemnify and hold harmless C-Way Computers, its members, employees, servants, subcontractors and partners from any demand, action or application or other proceedings, including for attorney’s fees and other related costs made by any Third Party and arising out of or in connection with this Agreement and or the inability of any User to use the services.
- The customer acknowledges its responsibility for its own internet security and privacy. Customers are strongly advised to install firewalls and anti-virus software for their own protection.
Limitation of Liability
- Save to the extent otherwise provided for in this Agreement or where the customer is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, C-Way Computers do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality, security of any product or services.
- Without limiting the generality of the provisions of clause 3 below, C-Way Computers shall not be liable for and the customer will have no claim of whatsoever nature against C-Way Computers as a result of –
- any unavailability of, or interruption in the services due to an uncontrolled event;
- any damage, loss, cost or claim which the customer may suffer or incur from any suspension or termination of the service/s for any reason contemplated in the Agreement.
- In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, C-Way Computers shall not be liable to the customer for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that C-Way Computers is liable to the customer for any damages, C-Way Computers’s liability to the customer for any damages howsoever arising shall be limited to the amounts paid by the customer under this Agreement in consideration for services or a product during the immediately preceding 12 (twelve) month period in respect of the services or product which gave rise to the liability in question.
Monthly Billed Accounts
Services currently under the Monthly Billed Accounts:
- Wireless Internet
- ADSL Lines
- All Hosting services
- Voip Services
- Alarm Monthly Communication billing
Monthly services are billed on a continuous basis from the date of sign up and are not billed prorata, monthly billing is from the 1st to the last day of every month. Should you not wish to continue with a monthly billed service you are required to complete the cancellation via the Customer Control Panel or set cancellation in writing to our office, before the 25th of every month, alternatively an email may be sent to email@example.com from the email address provided when the sign up was completed requesting the cancellation before the 25th of every month.
All ADSL/Wireless Internet accounts are billed within a calendar month (1st to last day of every month), all accounts are not charged pro-rata if you sign up on the last or first day of the month the price remains the same. Your proof of payment is to reach us before 5pm on the last day of the month or in-terms of your payment conditions set out on the invoice you have received from C-Way Computers to prevent service interruption. Should payment not be received set out by the Financial terms set out on your invoice, your service will be automatically suspended awaiting payment.
The C-Way Computers Hosting environment is offered without up-time guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.
C-Way Computers has not and does not conduct pre-registration searches in respect of the customer’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar.
The use or registration of the Domain Name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.
C-Way Computers cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that C-Way Computers may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance C-Way Computers shall be allowed to provide a complainant with customer’s name and address and all further communication will exclude C-Way Computers and C-Way Computers will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by C-Way Computers until a court or other body with jurisdiction directs otherwise.
C-Way Computers will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer’s selected domain names/s OR ANY ACTION TAKEN BY C-WAY COMPUTERS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The Customer hereby indemnifies and holds harmless C-Way Computers against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer’s use and registration of its selected Domain Name, even if C-Way Computers has been advised of the possibility of such damages;
C-Way Computers will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Neither C-Way Computers, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that C-Way Computers’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the C-Way Computers Server service, unless otherwise expressly stated in this Agreement.
C-Way Computers expressly limits its damages to the Customer for any non-accessibility time or other down time during the system unavailability. C-Way Computers specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
C-Way Computers is not responsible if an external company network and firewall is setup to block access to services C-Way Computers provides. If a client’s network is setup to block certain ports or web addresses that compromise the services C-Way Computers provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.
Cancellation/Suspension of Hosting/Voip/Wireless Services
All C-Way Computers services are billed within a calendar month (1st to last day of every month). Voip Services and Voice calls are charged from the 20th to 20th of each month. Hosting services are not charged prorata if you sign up on the last or first day of the month the price remains the same. Your proof of payment is to reach us before 5pm on the last day of the month or interms of your payment conditions set out on the invoice you have received from C-Way Computers to prevent service interruption. Should payment not be received as per the Financial terms set out on your invoice, your hosting service (including email accounts) and VOIP services (including VOIP numbers), will be automatically suspended awaiting payment.
Should you not wish to continue with a monthly billed service you are required to complete the cancellation via the Customer Control Panel or set cancellation in writing to our office, before the 25th of every month, alternatively an email may be sent to firstname.lastname@example.org from the email address provided when the sign up was completed requesting the cancellation before the 25th of every month. Please be advise that should you wish your domain to be moved to any other Hosting/Voip Service, all of your outstanding payments must be made before any transfer ticket will be accepted. Please note, according to ICASA regulations, we will not allow the porting of any telephone numbers away from our servers, should your account be on suspension due to non-payment.
Please allow 24 to 48 hours for your domain to transfer to the new Hosting services provider. C-Way Computers is not responsible for any delays after the transfer ticket has been accepted.
Refunds will not be granted for accounts purchased in error. Should it be proven that an account is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an C-Way Computers DSL banking account erroneously will also have a 15% fee levied to cover our bank charges. Refunds are processed after the second week of the month.
The Cancellation of services may be done by either party, C-Way Computers or the Customer, and should be done with a calendar month notice to the other party in writing. Cancellation of any service will only be accepted by mail if send to email@example.com or in writing and handed in at our office during business hours. The cancellation of a product is your responsibility. Should you cancel after the 24th and are on the debit order payment method; your cancellation will be effective from the end of the following month (see Debit Orders below).
Telkom ADSL Lines
By supplying your bank account/credit card details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:
We hereby authorize C-Way Computers CC. to apply for a new/transfer of my/our ADSL Line from Telkom SA Ltd.
In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the customer, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the customer’s account will be credited accordingly. C-Way Computers DSL PTY (Ltd) will on behalf of our customer as far as possible deal with Telkom SA Limited on the customer’s behalf. Any credit due to the customer by Telkom SA Limited after the transfer of their ADSL Line to C-Way Computers DSL PTY (Ltd) remains the responsibility of Telkom SA Limited and the customer will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by C-Way Computers CC. Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately.
The customer will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line. The ADSL line rental will be billed to the customer by C-Way Computers CC together with any other services provided to them. On application for a new line or a transfer of a line the full amount for the ADSL line size chosen will be billed and debited, once the new line, transfer has been completed we will credit the original amount paid and a prorata amount will be billed, the balance will be used towards your renewal for the following month. In the case of an upgrade/downgrade of a line, we will bill you a prorata amount once the upgrade/downgrade of the ADSL Line has been completed and this amount will be debited to your nominated bank account/credit card, in the case of a downgrade any credit amount due will be used towards the following months renewal. Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be suspended immediately, failure to pay the outstanding amount within 7 days will result in the ADSL Line being transferred back to Telkom SA Limited which will result in your telephone/fax line account being charged for the ADSL Line by Telkom SA Limited.
Cancellations need to reach us by 4pm, no later than 7 working days before the end of the month, all cancellations received after this will only be cancelled at the end of the following month and the account holder will be liable for the ADSL line cost.
Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month.
Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or transfer back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/transfer back will be actioned before the last day of the month or only take place the following month.
Queries pertaining to your adsl line can be directed to firstname.lastname@example.org during office hours, if you are experiencing technical difficulties you can contact our Support Line on 079 821 75152.
Telkom terms and conditions can be found at:
Payment Options / Terms
All transactions will be processed in South African Rands (ZAR). We accept credit card, debit order and cash deposit/EFT payments. We do not extend credit and payment is required up front, services will not be activated without payment. All manual (cash deposit/EFT) monthly payments must reach us before 5pm on the last day of the month, failure to do so will result in all services being suspended until payment is received. Always use your six digit account number as your reference when making payment to avoid delays in your payment being allocated.
Our banking details
Please note: When making a payment use the bank beneficiary C-Way Computers.
Detailed instructions can be found on our website at http://www.c-way.co.za/bandetails
PayFast process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate Payfast to obtain confidential information. Payfast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Payfast Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Payfast continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website and Internet Services rendered to you. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
To report any illegal activity or other scams please contact us at email@example.com
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
By supplying your banking details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:
I/we hereby request and authorize you to draw against my/our our bank account (or any other bank or branch to which I/we may transfer my/our account) the due amount or any variable amount pertaining to this agreement, on the set day of each month as agreed to at sign-up. This being the amount necessary for the settlement of the monthly invoice and/or any overdue amounts, due to you in respect of my/our purchases/upgrades/contract/agreement.
All such withdrawals from my/our account by you shall be treated as though they had been signed by me/us personally. I/we, “instruct” and authorize C-Way Computers through a system provided by the South African Banks to draw against my/our account.
I/we understand that if bank details have been supplied the withdrawals authorized here will be processed by FNB Bank. I/we also understand that details of each withdrawal will be printed on my/our statement. I/we agree to pay any banking charges relating to this debit order instruction. I also agree to pay any banking charges that may result in any debit order return due to insufficient funds or for any other reason whatsoever. This authority may be cancelled by me/us by completing the cancellation form and faxing it to the number on the form before the 25th of the current month.
Debit orders will be processed on the agreed day of every month according to your request on the sign-up form. If your debit order fails, your service(s) will be suspended immediately and your payment method will be set to EFT/Cash Deposit and you will be required to pay the outstanding amount in order to reactivate your service. Your debit order is on an automated process and cannot be stopped after the 24th of each month. Please note that if you are cancelling your service(s) with C-Way Computers, you need to cancel via your control panel by the 24th of the month. Failure to do so will result in the product being activated and the monthly subscription being debited from your bank account. If you cancel on or after the 25th of the month, cancellation of the service will be actioned for the end of the following month. You will still be liable for the due payment during the notification month if your cancellation reached us after the 24th of the previous month.
All other debit order instructions (new account sign ups, top ups, upgrades), besides the monthly subscription debit orders, will be processed on a daily basis. Should a change be made on your account after the monthly debit order run, the balance will be processed on the 1st working day of the month and debited to your bank account within 5 days.
Please note that the control panels will be offline between 19:00 and 00:30 on the last day of every month due to various monthly processing operations that need to be performed. Accounts that have reached 100% usage will be capped and you will not be able to top up until 00:30. Please ensure that all new purchases, service changes and top ups have been processed before 17:00 on the last day of the month to ensure that your request is actioned before 19:00.
The service will be subject to:
- Provisions of the Electronic Communications Act No 36 of 2005 (“the ECA”). Telkom’s Public Switched Telecommunications Service License Conditions, SAIX & MTN Conditions of Service as amended from time to time. (A copy of these conditions is available from Telkom, SAIX & MTN).
- I will rent the service for the contract term as indicated in this order. Cancellation via control panel is the accepted cancellation method.
- Should I/we fail to pay my/our account I/we shall be liable for any resultant collection, tracing and/or legal fees.
- C-Way Computers will be entitled to verify the information contained on the customer’s order form and generally make enquiries it deems necessary. C-Way Computers will also be entitled to furnish any information regarding the customer’s account with C-Way Computers and his compliance with these conditions to any credit bureau / Bank.
- I/we hereby indemnify C-Way Computers against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
- The Wireless Internet, Voip and ADSL service is sold as a best effort service and does not provide any guaranteed throughput to the world wide web.