Frequently Asked Questions
Background downloads are the main cause of this. Some programs download data in the background without you knowing about it.Check the following types of programs for automatic updates/downloads
- Microsoft Windows Update
- Antivirus Software - E.g. Nortons
- File Sharing Software - E.g. Limewire
Contact us on 011 100 0210 or via the Contact Us form
On the login page, click on the Your Account link and enter your username and password.
Then click on the data usage link at the bottom of the page.
This typically happens if you use an outgoing mail server that does not require authentication.
Whilst you are connected to our network all of your outbound email goes via our server.
Please use smtp.clearaccess.co.za as your outgoing mail server.
Server : visp.clearaccess.co.za
IMAP Port : 993
POP Port : 110
Security : TLS/SSL depending on device
Required Authentication : YES
Username : Full email address
Password : Supplied to you or contact support to change
Server : visp.clearaccess.co.za
SMTP Port : 587
Security : TLS/SSL depending on device
Required Authentication : YES
Username : Full email address
Password : Supplied to you or contact support to change
It depends on the service you purchase and the access technology (wireless, microwave, copper or fibre), we offer speeds ranging from 1Mbps (Megabits per second) to 10Gbps (Gigabits per second).
- Acceptable Use Policy
By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.
ClearAccess reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website . Customer's use of ClearAccess’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Scope of the AUP
The AUP applies to ClearAccess services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services or any other services provided over the Internet or wireless data networks.
General Prohibitions: ClearAccess prohibits use of these services in any way that is:
- unlawful, incitement to commit criminal acts, harmful to or interferes with use of ClearAccess's network or systems, or the network of any other provider;
- interferes with the use or enjoyment of services received by others;
- infringes intellectual property rights;
- results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
- Constitutes abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from a ClearAccess-branded website or from a website that contains ClearAccess-branded content is a violation of this AUP.
Unlawful Activities: No services shall be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules.
Violation of Intellectual Property Rights: No service(s) shall be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of ClearAccess or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: No services shall be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those services that utilize ClearAccess provided web or content hosting, ClearAccess reserves the right to decline to provide such services if the content is determined by ClearAccess to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors: No Service should be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children.
Child Pornography: No services shall be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to ClearAccess at the following e-mail address: firstname.lastname@example.org. ClearAccess will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail abuse is prohibited. Spam/E-mail abuse shall include, but are not limited to, the following activities:
- sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the ClearAccess network or of the networks with which ClearAccess interconnects, by virtue of quantity, size or otherwise;
- using another site's mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Internet (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
- ClearAccess reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the any services. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
- We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
- Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use.
- Unless you subscribe to a business packages and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide e-mail or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services.
- You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.
- We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion.
- We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service.
- We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage.
- We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services.
- We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.
- We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
No services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of ClearAccess's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:
- unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the services or using such account for the purpose of operating a server of any type;
- using manual or automated means to avoid any use limitations placed on the services;
- providing guidance, information or assistance with respect to causing damage or security breach to ClearAccess's network or systems, or to the network of any other service provider;
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using these services. ClearAccess has no responsibility for any material created on the ClearAccess's network or accessible using these services, including content provided on third-party websites linked to the ClearAccess network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by ClearAccess of the content(s) of such sites.
Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP will be regarded as a material breach and may result in ClearAccess taking actions, which may either be a warning, a suspension or termination of Customer's services. When reasonably possible, ClearAccess may provide Customer with a notice of an AUP violation allowing the Customer to promptly correct such violation.
If these services are used in a way that we, in our reasonable discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account.
Should you engage in any one or more of the above activities, which shall be determined in ClearAccess's reasonable discretion and which decision shall be final, then ClearAccess shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation:
- without notice, temporary or permanent limitation, restriction or suspension of your access to the any Service concerned;
- terminate all agreements with you with immediate effect;
- bill you for any costs incurred by ClearAccess as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of ClearAccess's name or registered domain names and processor usage; and
- disclose information relating to the offending activity as may be required under the circumstances.
ClearAccess has no obligation to monitor content of any materials distributed or accessed using these services. However, ClearAccess may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the ClearAccess network and its customers.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an ClearAccess Customer (or its user) should be directed to email@example.com, include details that would assist ClearAccess in investigating and resolving such complaint.
- Standard Terms and conditions
Below are the Terms and Conditions of Use for all agreements between Clear Access, in which they provide goods and/or services to a customer, business or corporate entity. These terms and conditions also incorporate any use of or by an outside party of the http://www.clearaccess.co.za/ website or any localised derivative of that URL’s owned by Clear Access.
These terms regulate the (i) agreement between Clear Access and customer when Clear Access supplies goods or services to customer and (ii) use of the website by any user, whether a customer or not.
By using the goods or services or visiting the website, you agree to be bound by these terms.
Terms & Conditions Definitions
Unless the context otherwise indicated, the following expressions shall have the meanings given to them hereunder:
“Act” means the Electronic Communications Act No. 36 of 2005;
“agreement” means these general terms and conditions, including all schedules and annexures hereto, together with the terms of any orders and the acceptable use policy which are incorporated herein by reference;
“business day” means Monday to Friday, excluding public holidays published as such in the government gazette;
“business hours” means from 08h00 to 17h00 South African time, on business days;
“charges” means MRC, NRC, usage fees and any other charges payable under this agreement;
“contract term” means the term of the applicable services as set out in the applicable service order or on the website;
“customer” means the person that has entered into an agreement with Clear Access for the provision of goods or services or the user of the website, whichever applies in the circumstances;
“effective date” means the date of signature of the agreement;
“goods” means the any IT goods, including but not limited to hardware and software that Clear Access provides to customer in terms of an order;
“intellectual property” means all intellectual property rights, including but not limited to any domain names; know-how (not in the public domain); invention (whether or not patented); design, trademark, copyright material (whether or not registered), material eligible for copyright in terms of applicable legislation trade or business names, trade secrets or any similar rights to any of the above rights that may subsist in South Africa or elsewhere, whether or not such rights are registered or capable of being registered;
“order” means a goods or services order, which ever applies, that sets out the commercial terms for the provision of goods or services by Clear Access to the customer;
“party” means either Clear Access or the customer and “parties” means both of them collectively and shall be deemed to mean and include their respective successors and permitted assigns’;
“personnel” means any director, employee, agent, consultant, contractor or other representative of a party;
“premises” means the premises where Clear Access provides the services;
“services” means any services that Clear Access provides to the customer in terms of the agreement;
“services commencement date” means the commencement date specified in the order and if no commencement date is specified, the first day on which the service is activated or provided;
“service levels” means the levels according to which Clear Access will provide the service as agreed by the parties in the order or as specified on the website;
“site” means the customer’s site, the Clear Access system or any other system being used by Clear Access for purposes of fulfilling its obligations in terms of the agreement;
“system” means the data centre and equipment including without limitation servers, peripherals, routers, switches, software, databases, cables, generators, and uninterruptible power supplies which are operated together as a system by Clear Access in providing a service;
“third party contractor” means the contractor, supplier, or licensor (which ever applies) of any goods or services, but which is not a party to this agreement;
“website” means www.clearaccess.co.za or any localised URL derivative owned by Clear Access.
Any reference to days shall be interpreted to be a reference to a calendar day unless qualified as a business day.
When any number of days is prescribed, the number of days shall be calculated on the basis that the first day is excluded and the last day is included, provided that if the last day is not a business day, the last day shall be the ensuing business day.
Inclusion of the words “including” or “excluding” followed by examples or items following the term be illustrative only and will not limit its ambit or application.
Terms other than those defined will be given their plain English meaning, and those terms, acronyms, and phrases known in the information and communication technology industry will be interpreted in accordance with their generally accepted meanings.
Each order shall constitute the subject of a separate agreement between the parties. In the event of any conflict between the terms of these terms, the acceptable use policy and the service order, the agreement will be interpreted in the following order:
- The general terms and conditions;
- The acceptable use policy;
- The order.
GOODS AND SERVICES
The customer appoints Clear Access to provide the services, subject to the terms and conditions contained in this agreement, which appointment Clear Access accepts.
Commencement and duration
This agreement shall commence on the effective date and shall thereafter remain in force indefinitely, subject to the remaining provisions of this agreement.
If applicable, the commencement of the services to be provided shall be in terms of each individual service order that is completed by the customer and will be effective from the service commencement date for the contract term in the service order.
Upon the expiration of the initial period, the applicable services will continue indefinitely, subject to either party providing 90 (ninety) calendar day’s written notice of termination to the other party, unless otherwise agreed in the order.
Goods and services
Clear Access will sell the goods and provide the services to customer in terms of the agreed order, alternatively if no order is agreed, as described and specified on the website.
If Clear Access supplies goods that are accompanied with software, the use of the software will be regulated by a license agreement between the customer and the owner or licensor of the software, which agreement will constitute a separate agreement between the customer and the owner or licensor of the software. Clear Access will not be a party to this license agreement.
The customer expressly gives its permission and authorises Clear Access to remotely access its data, network, system, software, hardware or do whatever is required to fulfil its obligations and render the services in terms of the agreement.
Provision of Services
Clear Access agrees that it will from the effective date, and thereafter continue throughout the duration of this agreement, supply the services as requested by the customer from time to time, in accordance with the agreement.
For the duration of this agreement, the customer shall obtain the services as it requires from Clear Access in terms of this agreement, the services schedule and the service order concluded from time to time.
Unless otherwise agreed, Clear Access shall not be under any obligation to supply any services to the customer until a service order in respect of the required services has been agreed by signing the order.
In order to provide the services, Clear Access reserves the right to utilize any technology available and which it considers at its discretion as the most suitable and responsible to provide services.
The services shall be used by the customer in accordance with the agreement.
Each service order shall constitute an agreement between the parties subject to and regulated by this agreement.
The customer will not knowingly create, store or disseminate any illegal content
The customer commits to lawful conduct in the use of the services, including copyright and intellectual property rights
The customer undertakes not to send or promote the sending of spam.
No terms or conditions of a customer’s order that are in conflict with this agreement will be binding.
Depending on the service in question, a customer must either place an order online or request a quote from, Clear Access.
If the particular service requires from Clear Access to provide a quote to the customer first, the customer needs to confirm acceptance of the quote either in writing to firstname.lastname@example.org, or by ticking the confirmation button online, whichever one applies, where after the customer needs to place an order in the prescribed manner stipulated on the quote.
Any order placed by a consumer, whether it is online or otherwise, is an offer to Clear Access to enter into the agreement with the customer.
Ownership and risk
Risk in the goods will pass on delivery.
Ownership in the goods will only pass once the full payment for the goods have been received.
The customer will bear the risk in all goods supplied by Clear Access, as well as any customer hardware or equipment that will come under the control of Clear Access, whether at Clear Access’s premises or otherwise. It is the customer’s responsibility to ensure that these goods, hardware and equipment are adequately insured at all times.
The customer will be responsible for the maintenance of all the data passing over the Clear Access infrastructure and must ensure that adequate and systematic backups are made regularly. Clear Access will accordingly not be liable for loss of the customer’s data, restoration of lost data or any other as a result of the customer not complying with this "Ownership and risk" clause.
Delivery and installation
Any delivery date provided to a customer is an estimate date only and Clear Access shall make all reasonable efforts to deliver on the estimate date.
If Clear Access is not able to deliver on the estimate date, Clear Access will take all reasonable measures to inform the customer timeously of the delay in delivery.
Should the customer assist with the installation of any goods or services, including software, Clear Access will not be liable for any damage caused or losses suffered as a result of the customer’s assistance with the installation.
Should Clear Access charge the customer any delivery charges, Clear Access will quote for this upfront and all deliveries will be payable in full as specified on the quote, before delivery of the goods.
Fees and payment
The customer shall be liable for and shall pay the fees in respect of the goods or services as set out in this clause or in the applicable orders for the term of the agreement.
Fees are payable in South African Rand without deduction or set-off for any reason and each order will constitute a separate agreement between the parties.
Unless otherwise agreed in the order, the customer shall have the option to pay via EFT or debit order authorisation. Should the customer choose to pay by EFT, Clear Access shall have the right to request the customer to sign a debit order authorisation in the event of a customer failing two or more times to pay within 3 days after the due date. Should the customer refuse to sign this debit order authorisation, Clear Access will be entitled to cancel the agreement without any prejudice to any other rights in law or contractually.
The customer agrees to Clear Access rendering electronic invoices.
Unless otherwise agreed in the order, all monthly fees payable for services shall be invoiced by Clear Access monthly in advance and are due on or around the 1st day of each month.
Clear Access may invoice pro-rata portions of monthly fees for services where an agreement commences on a day other than the first of the month.
Any services supplied on a times and materials basis, as indicated in the order, shall be billed monthly in arrears and shall be payable within 30 days from statement.
The customer may not withhold payment of any amount due to Clear Access for any reason, including an alleged breach of contract by Clear Access.
Should any amount invoiced be disputed, the customer shall not be entitled to withhold any such amount pending resolution of the dispute and any dispute will be referred to arbitration in accordance with the "General" clause.
Fees and charges not settled in terms of the agreement will bear interest at the prime rate of Standard Bank Limited, such interest to be calculated from the due date of payment to the date of actual payment, both days inclusive, calculated daily and compounded monthly in arrears.
The prime rate as certified by any manager of Standard Bank Limited will apply and the manager’s appointment and authority shall not need to be proved.
The customer shall reimburse all reasonable expenses authorized by customer and as are properly incurred by Clear Access and Clear Access’s personnel in fulfilling Clear Access’s obligations in terms of the agreement, including but not limited to goods and services purchased on the customer’s behalf, communications, stationery, report and presentation material, travelling and subsistence expenses as invoiced. Customer will not withhold authorization unreasonably.
Subject to "Fixed Charges" clause, the monthly fees and charges set out in each of the applicable service orders shall be fixed for the duration of the contract term.
Clear Access shall be entitled to adjust the monthly fees and charges in the event of any regulatory, or government imposed factors impact on such fees and charges.
Clear Access shall be entitled to review the monthly fees and charges for Session Initial Protocol (SIP), and other Telco voice carrier-class services from time to time and will provide the customer with thirty day (30) days written notice to effect any fee adjustments as may be applicable.
Clear Access shall institute all reasonable security measures to safeguard the premises and system.
The customer must follow all Clear Access’s security instructions, including but not limited to advise Clear Access in writing of any security violation or imminent violation and indemnifies Clear Access against any loss, harm or damage suffered by Clear Access, including third party claims, arising out of any breach of security caused by the acts or omissions of the customer or its personnel.
In the event of a security violation, or if Clear Access, in its sole discretion, determines that a security violation is imminent, Clear Access may take whatever steps it deems necessary to protect its system and/or the premises, including without limitation:
- changing the customers’ access codes and passwords;
- temporarily preventing access to the customer’s account or system;
- preventing access to the system and/or premises;
- relocating the customer’s site.
The customer shall give reasonable cooperation in any investigation that may be carried out by Clear Access relating to a security violation.
It is the customer’s responsibility to ensure that it keeps all information relating to its account secure. Clear Access will respond to all customer activity until such time as a customer has informed Clear Access of a security violation and Clear Access will not be liable for any damages caused to the customer in this regard.
Access to premises
Depending on the service, Clear Access may grant the customer and its personnel access to the premises for purposes of the service.
The customer shall take all reasonable steps to ensure that no unlawful access is granted to the premises.
Clear Access shall be entitled to search any person entering or leaving the premises and to inspect any accompanying goods.
When accessing the premises or site, the customer shall keep and maintain the premises and site tidy and return it in the same state received.
Intellectual Property Rights
Unless otherwise agreed, nothing in the agreement will be construed as assignment of any copyright or other transfer of any intellectual property rights.
The customer agrees to defend and hold Clear Access harmless from all losses, or liability arising in any way from the customer infringing the intellectual property rights of third party contractors.
The customer agrees to comply with all license or other terms of third party contractors that supply goods or services for use in conjunction with the goods or services provided by Clear Access.
Suspension of services
Clear Access will be entitled to suspend the service with immediate effect and without notice if:
- the customer has failed to make payment in terms of the agreement after receiving 5 (five) days’ written notice from Clear Access;
- the customer has committed any other material breach and failed to rectify it (if it is possible to rectify) within 14 (fourteen) days of receiving written notice from Clear Access;
- there is a security violation or imminent security violation of the system or website;
- emergency maintenance, as determined by Clear Access in its sole discretion is required;
- it is necessary to comply with the law;
- it receives a take-down notification from ISPA and the alleged conduct is in contravention of the Clear Access Acceptable Use policy.
Clear Access will be entitled to suspend the service and will endeavour to provide reasonable notice if routine maintenance, repair or the like is required, which maintenance Clear Access shall endeavour to perform at times of low traffic volume.
Except as specifically provided for in the agreement, Clear Access excludes all warranties, subject at all times to applicable law.
Clear Access warrants that it has the infrastructure, capacity and personnel to provide the service in a workmanlike manner and in accordance with acceptable industry standards.
The services are provided “as is” and “as available” and without any further express or implied warranty of any kind, including warranties of fitness for purpose, non-infringement, non-compliance with legislation in the applicable jurisdiction.
Subject to "Exclusion and limitation of liability" clause Clear Access will not be liable for any loss or damage whatsoever and the customer indemnifies Clear Access against such loss or damage that the customer may suffer as a result of the customer’s use of the services, fault, down-time, or outages of the goods or services or viruses, or security violations, howsoever arising and whether arising out of any problems with the services attributable to Clear Access or any electronic communications network services or another third party contractor of electronic communications services, or for any other reason.
The customer further indemnifies Clear Access against any claim resulting from:
- the use of the customer’s data by a third party;
- the loss of the customer’s data;
- any non-compliance or breach with the agreement.
Notwithstanding the above, nothing in this agreement and/or any order, service order or acceptable use policy shall exclude or in any way limit Clear Access’s liability for gross negligence or wilful misconduct
Exclusion and limitation of liability
Clear Access excludes all liability howsoever caused as a result of any use of third party contractor’s goods or services.
Unless the law provides otherwise, Clear Access shall under no circumstances be liable for any special, indirect, consequential, economic or like damages which may arise pursuant to this agreement (or any act or omission arising during the course and scope of fulfilling its obligations in terms of this agreement), including, without limitation, any damages arising due to any loss of profits or loss of business.
Subject to applicable law, Clear Access will only be liable for direct damages and the maximum total liability for direct damages as a result of breach of this agreement will in all circumstances be the monthly service fee (if any) paid by the customer for the last 2 months as set out in the relevant service order, prior to cancellation of the agreement. This maximum amount shall be an aggregate amount for all claims arising out of the causes mentioned.
The parties agree to treat all confidential information of the other party that is normally regarded as confidential information or not ordinarily available to the public as confidential for the period of the agreement as well as after termination of the agreement.
Termination and breach
Unless a fixed term is specified in the order, either party may cancel the agreement on 3 months’ notice.
If the customer commits a material breach of the agreement, Clear Access may without any prejudice to any other rights afforded in terms of the law:
- terminate and/or suspend the customer’s access or use of the service with immediate effect;
- claim immediate payment of all outstanding fees and charges and future fees and charges due in terms of the agreement which fees and charged will become due and payable on demand.
Customer may without any prejudice to any other rights afforded in terms of the law and with no penalties terminate the agreement with immediate effect if;
- Clear Access does not supply the services despite 14-days written notice from the customer to supply the service.
- Clear Access commits any material breach of the agreement and fails to rectify it on 14 days written notice.
Subject to the "Termination and breach" clause should either party fail to comply with any of its obligations or commit a breach of the agreement and fail to remedy such default or breach within 14 (fourteen) days after having received a written notice to do so, or be placed in provisional or final liquidation, or judicial management, or enter into any compromise or scheme of arrangement with its creditors, or fail to satisfy a judgment taken against it within 10 (ten) days, the other party shall be entitled to terminate this agreement on written notice to the defaulting party.
Subject to no outstanding payments being due to Clear Access, Clear Access will upon termination of the agreement render such reasonable assistance to the customer so as to enable the customer to migrate any services affected by such termination to a service provider of the customer’s choice.
Neither party shall be liable for any delay in performing or any failure to perform any obligations under this agreement due to any cause beyond their reasonable control, including but without being limited to any of the following: strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riot ,invasion, war, threat of or preparation for war, fire, explosion, storm, flood, subsidence, epidemic or other natural physical disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority having jurisdiction over either party, sanctions, boycott or embargo, failure of any supplier of electricity, including ESKOM, telecommunication infrastructure or services, including TELKOM or any similar circumstances beyond the reasonable control of Clear Access.
Upon the occurrence of any delay or failure referred to in this clause the provisions of this agreement affected shall be suspended for as long as the cause in question continues to operate, provided that if that cause has not ceased to operate within 2 (two) months from when it first arose, this agreement may be terminated by either party on written notice to the other.
The parties will make every effort to cooperate and agree on matters covered by or arising from this agreement, and to fairly and quickly resolve any disputes between them arising from this agreement.
Any dispute regarding the calculation of quantum of any payment shall be referred to an independent accountant to be agreed upon, failing which the South African Institute of Chartered Accountants will appoint someone. The accountant shall act as an expert and not as an arbitrator and will be requested to give his decision as soon as reasonably possible, alternatively within 10 business days after the dispute has been referred. The accountant’s finding shall be final and binding and the relevant party will pay the amounts due within 7 days of the decision being made.
If any other dispute cannot be resolved by the parties themselves within 14 (fourteen) days of being declared by one of the parties in writing that dispute be submitted to and decided by arbitration.
Such arbitration shall be held:
- at Cape Town or at such other place as the parties may agree;
- subject to any direction by the arbitrator, in an informal manner without any pleadings or discovery of documents and without it being necessary to observe the strict rules of evidence;
- as soon as possible with a view to it being completed within 1 (one) month of the date on which the dispute is referred to arbitration; and
- subject to anything contrary in this the "Dispute resolution" clause, in accordance with the provisions of the Arbitration Act 42 of 1965.
The arbitrator shall be agreed upon between the parties in writing. In the event of the parties failing to reach agreement as to the arbitrator within 5 (five) days after the arbitration has been demanded, the arbitrator shall be appointed by the Arbitration Foundation of Southern Africa.
- shall decide the dispute submitted to him expeditiously and, if possible, within 1 (one) month after the submission thereof to him;
- may call for whatever representations, evidence or arguments from the parties which he may consider appropriate in the circumstances;
- may consult with other professionals or experts in any relevant field as he in his sole discretion may deem necessary to enable him to arrive at a just decision, although nothing in this clause shall preclude him from relying on his own expertise and/or experience;
- shall decide in his sole discretion on what proportions in which the parties are responsible for all charges, costs and expenses incurred in resolving the dispute and as to whether, at what rate, and to what period a party may be entitled to interest. In this regard, the arbitrator may take into account any travel and other expenses incurred by any party who is required to travel to the arbitration hearing; and
- shall give his decision in writing.
The parties hereby irrevocably agree that the decision of the arbitrator in any such arbitration shall be final and binding upon them. In the event of a party failing to comply with such decision the other party shall be entitled to institute legal proceedings for the enforcement of that decision.
This clause is separate from the rest of the agreement and will remain effective between the parties if this agreement is terminated.
The a foregoing shall not restrict the right of either party to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Western Cape High Court of South Africa for such purposes.
Nothing in this agreement will constitute any relationship of employment, subcontract or partnership and neither party will be able to bind the other party contractually.
The parties choose as domicilium citandi et executandi the address stipulated in the order.
This agreement will be regulated and interpreted in accordance with the laws of South Africa.
A party may only assign its rights and obligations under this agreement to a third party with the written consent of the other party.
This agreement constitutes the entire agreement between the parties and no variation will be of any effect unless agreed to in writing and signed by both parties. Signature for purposes of this clause does not include an electronic signature as provided for in the ECT Act.
Privacy and monitoring
Clear Access recognises the right to privacy.
The customer agrees that Clear Access will have no duty to monitor the data transmitted through the system, but may monitor the system and site for operational purposes and to comply with applicable legislation, including but not limited to:
- the Regulation of Interception of Communications and Provision of Communication-related Information Act (Act 70 of 2003);
- the Film and Publications Act (Act 65 of 1996);
- The Electronic Communications and Transactions Act (Act 25 of 2002).
Clear Access is committed to conduct business in compliance with the applicable legislation.
If Clear Access in its sole discretion determines any customer data or content available on the system to be in violation of the Acceptable use policy, or if Clear Access receives a take-down notice from ISPA, Clear Access may terminate or suspend the service in accordance with the "Suspension of services" clause
Profile information collected from you
When you register for the Clear Access service we collect your company name, your name and both sets of contact details.
Further information may be collected from you throughout the course of the relationship with us.
This information is used by us to support your interaction with our site and to ensure that only the authorised user is instructing us via the web portal.
Your e-mail address or mobile phone number may be used to send you communication regarding the progress of your matter, to notify you of any changes or updates to the Clear Access service, and to send you relevant news and data from time to time. We will not share your e-mail address with any third parties.
By using, accessing or viewing this website you agree to these terms and conditions, including any document that may be incorporated by reference thereto.
You may only use this website and its content in order to view, refer to, utilise or print information for lawful purposes.
The use of this website does not extend to its’ source code or to the source code of any software or computer program that forms part of the website.
You are not allowed to republish any information obtained on this website or distribute it in any manner.
Use of this website is strictly at your sole risk.
We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of this website or withdraw any of the content; or your right to use this website.
We reserve the right to make amendments to the content and information on this website, including, but not limited to, amendments to pricing and rates. You acknowledge that each time you use the website it is your duty to familiarise yourself with any amendments that may have been made since you last used the website.
Automated transactions and searches are subject to these terms and conditions.
The use of malicious search technology is prohibited.
The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
Limitation of Liability
Clear Access will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the disappearance of content from the website for any reason whatsoever.
Clear Access will not be liable for any viruses, destructive materials or any other data or code (‘harmful material’) which is able to harm or otherwise impede in any manner the operation of a computer system, network, handset or mobile device and the user accepts the risk associated with the existence of such harmful material.
Clear Access strictly agrees to adhere to the guidelines relating to consumer protection, as specified in Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, and other relevant pieces of legislation.
Copyright and Intellectual Property Rights
Copyright in all information, images, icons, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to Clear Access.
All intellectual property rights (whether existing before or after the agreement commences) that each party owns remains the sole and exclusive property of that party.
Exclusion of Representations
We reserve the right to change the website and content without notice.
This website is provided without any representation or warranty whatsoever.
We do not accept any responsibility for any errors or omissions on this website.
You warrant that all information that you provide to us is:
- correct, accurate and as recent as possible; and
- obtained via means, not in contravention of any law or legislation.
You warrant to us that the authorised representative, as identified in the application form, has the necessary authority to instruct us and bind you, to proceed with all and any instructions made by said authorised representative to us.
Restrictions on Use
You may not use this website to obtain or distribute:
- copyrighted material or material protected by laws relating to intellectual property rights without our permission;
- harmful materials which are able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
- material which is defamatory, unlawful or contains hate speech in our discretion; or
- bulk e-mail, whether solicited or unsolicited.
You must not interfere or attempt to interfere with or jeopardise the functionality or the operation of any part of this website or any part thereof.
You shall not use this website for ‘spoofing’, ‘hacking’, ‘flaming’, ‘cracking’, ‘phishing’ or ‘spamming’ or any other activity designed or aimed at achieving similar purposes.
You may not intercept any information transmitted to or from us.
From time to time we may place cookies on your hard drive; a cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.
When you register and log in we will place a unique identifier cookie on your hard drive; this cookie will be used to maintain logged-in status for the duration of your visit, and to log you in automatically on subsequent visits.
You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options, but this will mean that you will have to log in manually each time you visit the site.
Cookie information is used only by us and our agents, and is not provided to any other organisation.
From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our site, the date and time you access the site, the pages that you access while at the site, and the Internet address of the website from which you navigated to our site.
This information is not personally identifiable and is used in aggregate for website and system administration, traffic and trend analysis and business decision-making.
The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between us. Any variation hereof shall not be binding unless reduced to writing and signed by Clear Access.
The address stated on the invoice will be that supplied to us by you and shall be deemed to be your chosen domicilium citandi et executandi, and any letter, notice or process shall be validly served if sent to such domicilium
Broadband Uncapped Usage Policy
To ensure that all customers have fair and equal use of the Uncapped service and to protect the integrity of the network, Clear Access reserves the right and will take necessary steps to prevent improper or excessive usage thereof.Clear Access may undertake the following action(s) to ensure fair and equal network performance for all customers:
- Adjusting the throughput of the aforementioned service based off the current and historic usage of the service.
- Limiting or preventing service through specific protocols and/or ports.
- Electronic Communications and Transactions Act 25 of 2002;
- Electronic Communications Act 36 of 2005;
- Regulation of Interception and Provision of Communication-Related Information Act 70 of 2003
- Clear Access reserves the right to amend the Broadband Uncapped and/or Acceptable Usage Policy as necessary.
- This is to ensure optimal performance across our network for all our Broadband Uncapped customers.
Submit a ticket via E-Mail
When you receive any automatic response e-mails from our ticketing system; please reply directly to these e-mails and do not create new e-mails, as new e-mails will create a new tickets.
Please also ensure that you receive a unique reference number for each request so that we can properly track and deal with your requests in a timely manner.
Give us a Call
If you have any more questions or concerns please feel free to contact the Clear Access Service Desk on 011 100 0210 and one of our agents will gladly assist you.
Our service desk is contactable 24/7/365 by phone and by email from 6AM to 6PM on weekdays, 9AM to 2PM on Saturdays
- Priority scale (standard response times are provided):
- Service Level Agreement customer
- SLA-P1 - Business operations are not possible (4hrs)
- SLA-P2 - Material impact on business operations (8hrs)
- SLA-P3 - Efficiency of business operations impacted (16hrs)
- Ad-hoc customers
- P1 - Business operations are not possible (8hrs)
- P2 - Material impact on business operations (16hrs)
- P3 - Efficiency of business operations impacted (24hrs)
- Billing Increments
- Onsite call-outs: minimum of 1hr billed, 15min increments thereafter
- Remote Support: minimum of 15min billed, 15min increments thereafter