General Terms and Conditions

Old Hero Services

Effective Date: 27 December 2023

1.    Definitions:

1.1    "Old Hero Services" refers to Old Hero Services (PTY) LTD, a company registered in accordance with the laws of South Africa.
1.2    "Old Hero Services System" means equipment operated together as a system by Old Hero Services to provide any service, including but not limited to servers, peripherals, routers, switches, software, databases, cables, generators, and uninterruptible power supplies.
1.3    "Old Hero Services Website" means the Internet website published at the URL "www.oldhero.co.za" or another URL that Old Hero Services 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 Old Hero Services.
1.9    "HeroHub" means the Client account login area of Old Hero Services's portal, accessed by using Client credentials and passwords.
1.10    "Data" means electronic representations of information in any form.
1.11    "Emergency maintenance" means maintenance to the Old Hero Services 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 Old Hero Services, the client, or any third party.
1.12    "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.
1.13    "Goods" means any and all goods to be provided by Old Hero Services to the client in terms of this agreement, including without limitation equipment, hardware, and third-party software.
1.14    "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.
1.15    "Intellectual property rights" means patents, registered designs, trademarks (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.
1.16    "Malicious code" means anything that contains any computer software routine or code intended to allow unauthorized access or use of a computer system, disable, damage, erase, disrupt or impair the normal operation of a computer system.
1.17    "Multi-Factor authentication" refers to the process of establishing a user's identity using several concurrent means of verification such as one-time pin, security questions, or other forms of validation.
1.18    "OTP" means One-Time Pin or One-Time Password that is used for login to Old Hero Services systems or for verification purposes.
1.19    "RICA" means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
1.20    "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.
1.21    "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 Old Hero Services to the client.
1.22    "Service terms" means a document describing the terms on which Old Hero Services will provide a particular good or service, as amended from time to time.
1.23    "General terms" means this document.
1.24    "Software” means any computer program (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.
1.25    “Supplier” means a supplier of goods and / or services to Old Hero Services.
1.26    "Two factor authentication" refers to the process of establishing a user's identity using various methods, such as one-time pin and security questions.
1.27    "User/s" means the client or any other person accessing any of the services provided by Old Hero Services.

2.    How the Agreement Works:
2.1    The goods and services that Old Hero Services will provide to the client will be described in service orders.
2.2    These general terms apply to all services.
2.3    More details of particular goods or services may be contained in service terms.
2.4    The service order(s), service terms, and this document together form the agreement between Old Hero Services 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.
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:
3.1    Old Hero Services will provide the goods and services to the client as described in an application or service order in terms of the agreement.
3.2    Old Hero Services reserves the right to refuse to commence the provision of services based on the client’s prior conduct.
3.3    Old Hero Services reserves the right to refuse to commence the provision of services based on the client being younger than 18 years of age at the time of application submission.
3.4    An application must be submitted via the Old Hero Services website or HeroHub. Once an application is accepted by Old Hero Services, it becomes a service order.
3.5    Each service order (read with the other documents mentioned above) will be a separate contract between the client and Old Hero Services (unless amended or renewed by another service order).
3.6    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.
3.7    The client consents to Old Hero Services carrying out a credit check on the client at any applicable credit bureau and may make the provision of the goods or services dependent on its satisfaction with the results. Old Hero Services may provide information on the client’s payment record to a credit bureau.
3.8    If the client is a juristic person, Old Hero Services 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, Old Hero Services may withhold providing the services until the surety has been signed.
3.9    Depending upon the service provided, Old Hero Services may be obliged under RICA to obtain certain information and documents from the client, and Old Hero Services may withhold or suspend providing services until the client has provided the necessary information and/or documents to Old Hero Services.
3.10    If the client has not complied with a requirement of this clause, Old Hero Services may delay providing the goods or services until the client has complied. If the client does not comply within a reasonable period, Old Hero Services may terminate this agreement and will not be liable for any damage that the client may suffer as a result.
3.11    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:

4.1    The client confirms that all statements made to Old Hero Services are true and correct. Old Hero Services reserves the right to request proof of any facts or claims. The client also commits to providing Old Hero Services with necessary information required in the provision of the selected services, and (where applicable) consents 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.
4.2    Old Hero Services 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.
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 authorized by the client to contract on the client’s behalf.
4.4    Old Hero Services’s website and attached systems, such as HeroHub, are designed to facilitate reasonable use of the Old Hero Services products and services. Old Hero Services 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. Old Hero Services 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).
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.
4.6    If the client or its staff engages in behavior that is a contravention of the Acceptable Use Policy or may be considered offensive to Old Hero Services or its staff, Old Hero Services reserves the right to suspend or terminate the client’s services, irrespective of the form and medium of this abuse.
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.
4.8    Old Hero Services 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.    Service Credit:
5.1    If the client wishes to make a claim for connectivity service downtime, the client must log a dispute with Old Hero Services, which will take the matter up with the relevant provider. Any refund will be made to the client by Old Hero Services, which has sole discretion whether to accept the client’s claim. Such credit will exclude any claims for slow access, intermittent service, and any other fault type except no service faults.
5.2    The calculation of time periods for the purpose of calculating any service credit shall only commence upon the reporting of any fault to Old Hero Services Support.

6.    Terms Subject to Change:
6.1    Old Hero Services may amend the general terms and service terms at any time. The amended versions will be posted on the Old Hero Services website. The Client also has a duty to keep itself informed of the latest version of the above documents by accessing the Old Hero Services website on a regular basis.
6.2    If the client objects to any of the amendments, it may terminate the agreement, and the termination will become effective at the end of the normal notice period.
6.3    If Old Hero Services changes its fees, the change must take place as described in this clause.

7.    Interactions with Staff and Old Hero Services Brand:
7.1    Clients will be held accountable for their conduct towards Old Hero Services staff and in the public domain with regard to allegations or malicious conduct directed towards Old Hero Services or its staff.
7.2    Abusive behavior, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Old Hero Services or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Old Hero Services reserves the right to suspend or terminate services to a client in such cases.
7.3    Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Old Hero Services brand (or its staff) may have their services suspended or terminated, depending on the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

8.    Availability of Services:
8.1    Old Hero Services cannot guarantee the provision of the requested service upon the receipt of an application.
8.2    Provision of the service is subject to Old Hero Services confirming that it is technically feasible to do so.
8.3    Applicants will be formally notified after the receipt of an application whether or not the service can be provided.

9.    Choice of Services and Products:

9.1    Old Hero Services offers online application and signup for all products and services only via HeroHub. The client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Old Hero Services will not be liable for compensation, costs, or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
9.2    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").
9.3    Old Hero Services provides services on the basis of information provided by the client, and Old Hero Services offers no warranty as to the suitability of the services beyond the requirements as expressed by the client.
9.4    Old Hero Services reserves the right to stop offering particular services if it deems it necessary. Old Hero Services 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.

10.    Referral Programme:
10.1    Clients may only use a referral program to refer other possible clients. Clients who try to refer themselves via other accounts, whether set up using spoofing methods or simply as duplicate referrals, will not receive any discounts.
10.2    Should a referred client decide to cancel its services within three months of signup, Old Hero Services reserves the right to reverse both the referrer's and the referee’s credits.

11.    Payment and Penalties
11.1    Price Changes: Old Hero Services reserves the right to change prices with reasonable notice, not less than 30 days, as per the minimum term of a month-to-month agreement.
11.2    Accepted Payment Methods: Old Hero Services accepts debit orders and Visa/Mastercard payments for month-to-month services. Alternative payments may be accepted under specific circumstances and only by prior arrangement at Old Hero Services's discretion.
11.3    Monthly Fee Submission: Clients' monthly fees will be submitted monthly in advance on or about the first business day of the month.
11.4    Non-Approved Payment Methods: Old Hero Services is not liable for delays, suspensions, or impacts on services due to the use of non-approved payment methods by clients.
11.5    Bounced Debit Orders: In the event of a bounced debit order, Old Hero Services reserves the right to resubmit the debit order at any time.

11.6    Non-Payment Consequences: Non-payment of any fee may result in the immediate suspension of services. Old Hero Services retains the right to suspend any services for non-payment and may withhold such services until all arrears are settled.

11.7    Suspended Services: Services suspended for non-payment will remain suspended until payment is made. Clients will not be credited for data or services during the suspension period.

11.8    Termination for Default: If a client remains in default of a monthly fee for two consecutive calendar months, Old Hero Services may terminate the agreement with immediate effect. The client remains liable for all fees during any suspension period.

11.9    Reconnection After Settlement: If the client settles the unpaid fee, they will be reconnected as described in the terms.

11.10    Admin Fees: Old Hero Services may charge admin fees for failed or returned payments. Admin fees are payable immediately and in conjunction with outstanding fees.

11.11    Reconnection Fees: In case of service suspension or termination, including non-payment, reconnection fees may apply. These fees must be settled in full before the reactivation of services.

11.12    Waiting Period for Reconnection: Reconnection of services may be subject to a waiting period of up to 72 hours at Old Hero Services's discretion, regardless of when payment is received.

11.13    Penalty Fees: In cases of suspension due to non-payment, Old Hero Services reserves the right to levy reconnection and admin fees. Penalty fees must be settled before reconnection of affected services.

11.14    Fee Limits: Admin and reconnection fees will not exceed a specified amount (e.g., R400) based on a sliding scale. This amount covers reasonable administrative costs, including labor, bank penalties, and resubmission charges.

11.15    Billing Disputes: In case of billing disputes, clients are responsible for timely resolution through the complaints procedure to prevent service interruption. Successful disputes may result in an account credit or refund at Old Hero Services's discretion.

11.16    Termination for Repeat Offenses: Old Hero Services reserves the right to terminate services for clients consistently failing to adhere to payment terms. Termination conditions will be determined at Old Hero Services's discretion.

11.17    Billing Commencement and Advance Payments:
-    Billing starts on the date of service provision.
-    Services are billed in advance, and invoices must be paid in advance.
-    Arrear services are payable upon invoice presentation.
-    All fees quoted are exclusive of VAT.

11.18    Interest on Unpaid Amounts:
-    Interest will be charged on unpaid amounts beyond the due date.
-    The interest rate will be 2% above the prime overdraft rate, up to a maximum of 2% per month.
-    Interest is calculated from the due date to the date of actual payment, compounded monthly.

12.    Debit Order Authorization
12.1    By accepting these terms, the client authorizes Old Hero Services to debit their nominated bank account or Visa/Mastercard for service-related payments.
12.2    The client acknowledges that the authorized party may cede, delegate, or assign rights or obligations without consent and agrees to honor debits related to cancellation notice periods.
12.3    The client will not cede or assign debit order instructions without the prior written consent of the authorized party.

13.    Term and Termination

13.1    Old Hero Services operates month-to-month contracts, allowing termination with one calendar month's notice.
13.2    Termination notice must be given via HeroHub. The client is responsible for ensuring correct and timely cancellation.
13.3    Either party may terminate the agreement and services for a breach not remedied within seven (7) days of written notice.
13.4    Old Hero Services may terminate based on a breach of this agreement or linked agreements, or in case of termination of an agreement with an upstream licensee relevant to connectivity services.
13.5    Old Hero Services reserves the right to deactivate or terminate selected free products if unused within a prescribed period or at Old Hero Services's discretion.

14.    Transferability
Old Hero Services may agree to transfer services to another company, with affected clients notified of changes within a 30-day minimum term.

15.    Client Information and Privacy

15.1    Clients, as primary contacts, have sole access and authority over their accounts.
15.2    Old Hero Services observes privacy best practices, complying with applicable laws, including the Protection of Personal Information Act (POPI) of 2013.
15.3    Clients consent to the processing of personal information and warrant compliance with data privacy regulations.

16.    Security

16.1    Old Hero Services implements security measures aligned with industry practices for system and premises security.
16.2    Clients must promptly notify Old Hero Services of security violations and cooperate in investigations.
16.3    Clients are responsible for safeguarding client data and ensuring security measures.
16.4    Old Hero Services may take necessary steps in the event of a security violation, including changing access codes and passwords.
16.5    Clients providing services to third parties using the Old Hero Services system must bind those parties to equivalent security terms.
16.6    Old Hero Services may inspect client installations and equipment on its premises for compliance with regulations and restrictions.
16.7    Clients agree to verification methods, including Two-Factor Authentication, for security purposes.

17.    Suspension or Termination of Service

17.1    Old Hero Services may suspend or terminate services based on serious breaches, non-payment, incorrect information, or unlawful use.
17.2    Notice of suspension or termination may occur without notice depending on the severity of the breach.
17.3    Consequences of suspension or termination include reimbursement at Old Hero Services's discretion, eligibility for promotional guarantees, future service restrictions, reporting to authorities, and credit bureau listing.

18.    Takedown Notice Procedure
18.1    In terms of section 75 of the Electronic Communications and Transactions Act ("the ECT Act") the Internet Service Providers' Association (ISPA) can instruct Old Hero Services  to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

18.2    Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: complaints@ispa.org.za

18.3    Should Old Hero Services receive a takedown notice from ISPA, Old Hero Services will endeavour to:
-    Notify the client in good time of the takedown notice.
-    Allow the client reasonable time to remove the disputed, illegal or infringing content.
-    Takedown any sites or services which are included in the ISPA takedown notice.

19.    Limitation of Liability and Indemnity

19.1    Old Hero Services's liability is limited. Damages, losses, or claims will not exceed the monthly fees for the service in the preceding three (3) months.
19.2    Clients indemnify Old Hero Services against damages, losses, or claims arising from service use, subscription, or breach of terms.
19.3    These limitations apply to Old Hero Services, its affiliates, directors, officers, employees, contractors, agents, and third parties connected to the system.
19.4    Consumer Protection Act: If applicable, any unfair provision may be severed, and the remainder of the clause will be enforceable. Clause 17 takes precedence over any conflicting expressions of intention.

20.    Notices

20.1    All service requests and modifications must be made via HeroHub. Old Hero Services reserves the right to ignore requests made through other channels.
20.2    Parties designate their addresses for notice purposes. Either party may change its address by written notification.
20.3    Notices must be in writing and will be deemed received based on specified delivery methods.

21.    Interpretation and General
21.1    Whole Agreement: This agreement constitutes the entire understanding between the parties.
21.2    Applicable Law and Jurisdiction: The law of the Republic of South Africa applies, and the parties consent to the jurisdiction of its courts.
21.3    Survival: Provisions extending beyond termination survive the agreement's expiry.
21.4    No Indulgence: Failure to enforce any part does not waive the right to enforce it later.
21.5    Representatives: Signatories warrant authorization and accept personal liability.
21.6    Reading Down: Ambiguous provisions will be interpreted to make them valid and enforceable.
21.7    Severance: Unenforceable parts will not affect the agreement's remainder.

22.    IP Provisioning
22.1    Old Hero Services may provision IP addresses at its discretion. Clients acknowledge no ownership rights.
22.2    Clients agree that Old Hero Services may change IP addresses without notice.
22.3    IP provisioning, including IPv6, public or private IPv4, is solely at Old Hero Services's discretion.

23.    Privacy Policy
Read Old Hero Services's Privacy Policy for details on data handling and information collected during website or service use. Visit the Privacy Policy page for more information.
 

Old Hero Services (PTY) LTD

Acceptable Use Policy

This Acceptable Use Policy ("AUP") forms an integral part of the agreement between Old Hero Services (PTY) LTD ("Old Hero Services") and its clients, outlining the acceptable and unacceptable use of Old Hero Services' services. Clients using Old Hero Services' services are bound by this policy and the terms and conditions it contains, as well as any additional terms, conditions, rules, or policies displayed to the client in connection with the services.

It is imperative for clients to thoroughly understand and comply with the provisions of this policy. Any queries related to this AUP should be directed to aup@oldhero.co.za

General

1.1.By contracting with Old Hero Services for services, the client agrees to be bound by this policy, its terms and conditions, and any additional terms displayed by Old Hero Services. The purpose of this AUP is to:

• Ensure compliance with the relevant laws of South Africa.

• Specify unacceptable activities and online behaviour regarding Old Hero Services' network.

• Protect the integrity of Old Hero Services' network.

• Outline consequences for engaging in prohibited activities.

​​​​​​​​​​​​​​1.2. Clients are encouraged to read this document thoroughly and seek clarification on any queries.​​​​​​​

1.3. Old Hero Services respects the rights of its clients to freedom of speech and expression, access to information, privacy, human dignity, religion, belief, and opinion.

2. Unacceptable Use

2.1. Old Hero Services' services may only be used for lawful purposes. Prohibited activities include, but are not limited to:

• Violation of local and international laws, including child pornography, obscenity, discrimination, hate speech, or threats of violence.

• Defamation, abuse, stalking, harassment, or threats to cause bodily harm.

• Violation of Intellectual Property laws.

• Invasion of privacy, including unauthorized collection of personal data.

• Fraudulent activities, impersonation, or unauthorized transactions.

• Violation of exchange control laws.

• Sale, transmission, or distribution of pirated or illegal software.

3. Threats to Network Security

3.1. Any activity that threatens the functioning, security, and integrity of Old Hero Services' network is unacceptable. This includes:

• Unlawful and unauthorized access attempts.

• Use of Old Hero Services' equipment for unauthorized access ("cracking" or "hacking").

• Forging of TCP/IP packet headers (spoofing) or email headers.

• Breach of security, unauthorized monitoring, or any activity that disrupts service.

4. Definitions

4.1. Throttling: Throttling limits throughput for individual users based on usage over a 30-day rolling window threshold. Throttling is applied when network demand exceeds capacity.

 4.2. Shaping: Shaping prioritizes real-time, interactive services over non-prioritized ones to manage network demand. It is applied based on overall demand and available capacity.

 4.3. Contention: Network capacity and performance are subject to contention. Old Hero Services manages contention through quality of service, shaping, and throttling.

 5. Hosting

5.1. Old Hero Services offers unlimited bandwidth on Shared Hosting platforms subject to reasonable and responsible usage. Clients must not use disk space for unauthorized storage or distribution of copyrighted materials. Security updates and patches will be implemented at Old Hero Services' discretion.

5.2. Clients are prohibited from:

• Running applications that are not production-ready.

• Running applications with inadequate security controls.

• Generating significant side-channel traffic.

• Storing or running malicious content.

• Monopolizing server resources.

5.3. Crypto-currency activities are strictly prohibited on Old Hero Services' hosting network.

6. Spam and Unsolicited Bulk Mail

6.1. All unsolicited bulk email is regarded as spam, except for certain exceptions. Clients must not engage in sending unsolicited bulk mail for marketing or any other purposes. Old Hero Services will take firm action against users engaging in spamming practices.

 7. Users Outside of South Africa

7.1. Users outside South Africa are subject to the laws of their current residence. Old Hero Services will assist foreign law enforcement agencies in investigating crimes committed using its resources.

 8.  Protection of Minors

8.1. Clients are prohibited from using Old Hero Services' services to harm minors or host explicit material. This includes child pornography and cyberbullying.

 9. Privacy and Confidentiality

9.1. Old Hero Services respects the privacy and confidentiality of its clients. Clients are encouraged to review Old Hero Services' Privacy Policy.

 10. User Responsibilities

10.1. Clients are responsible for any misuse of Old Hero Services' services through their accounts. It is their responsibility to ensure unauthorized access is prevented.

 11. Complaints Procedure

11.1. Complaints about AUP violations should be submitted in writing to abuse@oldhero.co.za, substantiating the nature of the problem and its connection to Old Hero Services' network.

 12. Action Following Breach of the AUP

12.1. Upon receipt of a complaint or awareness of an incident, Old Hero Services may take various actions, including warnings, suspension, revocation of service access, charging for administrative costs, assistance to other networks, civil or criminal proceedings, and sharing information with law enforcement agencies.

 13. Reservation and Non-Waiver of Rights

13.1. Old Hero Services reserves the right to amend this policy at any time without notice. It reserves the right to take action against any violation of the AUP and investigate or prevent illegal activities over its network. Non-enforcement of the AUP does not waive the right to enforce it later.

13.2. This policy applies to both intended and unintended prohibited usage.