Legal Area

DEFINATIONS 1.1. “Charges” means the fees and charges that the Subscriber shall pay to ANO for the Services the latter provides. 1.2. “Initial Period” means the period provided for in the subscriber form according to the package selected by the Subscriber on said form. 1.3. “the Products” means the physical good that ANO provides the Subscriber in carrying out the agreement with the Subscriber. 1.4. “the Services” means the services that ANO will perform in carry out the agreement with the Subscriber. 1.5. “the Signatory” means the individual who affixes his or her signature to this agreement when the Subscriber is either a corporate entity or a trust. 1.6. “the Subscriber” means the signatory to the subscriber form who has chosen ANO to provide Services and/or Products for the Initial Period, together with any additional items requested on said subscriber form, for the Charges. The Subscriber is bound by these terms and conditions and such apply to the provision of the Products and Services by ANO. 1.7. “ANO” means African Network Operators (Pty) Limited. Provision of Services and Acceptable Use Policy: 2.1. ANO will endeavor to make the Services available as soon as reasonably possible, however, in the event the Services or any part of such are provided directly or indirectly to a third-party network or service provider, said Services or the Subscriber’s connection and access in respect of such may be interrupted, delayed or otherwise affected consequently. 2.2. The Subscriber hereby agrees that ANO are not liable for any consequential interruption, delay or consequence as per Clause 2.1 above. 2.3. The Subscriber agrees to ANO ’s Acceptable Use Policy and undertakes to comply with such and all usage restrictions and limitations applicable to the Services. Duration, Termination and Cancellation: 3.1. The commencement date of this agreement will be the date on which ANO activates the Service and said activation shall be at ANO ’s sole discretion. 3.2. This agreement will persist for the Initial Period and thereafter indefinitely until terminated by either party. 3.3. Either party may terminate this agreement by providing the other party one calendar month’s written notice of said termination or as otherwise agreed in writing between the parties. Termination of the agreement will take effect from the first day of the next calendar month. 3.4. In the event ANO ’s Services and/or this agreement for said Services or Products is terminated before the end of the Initial Period, the Subscriber will pay ANO the sum of the monthly subscription, access charges and any other sums due in terms of this agreement for the rest of the Initial Period. 3.5. The Subscriber may cancel an order before ANO provides a particular Product and said cancellation must be by written notice by the Subscriber to ANO. A cancellation in the aforementioned manner will be effective on the receipt or deemed receipt of said notice. 3.6. Upon cancellation by the Subscriber, ANO will be entitled to charge the Subscriber all costs and expenses, including costs related to the recovery of equipment, which have been reasonably and necessarily incurred by ANO up to the date of the receipt or deemed receipt of the cancellation. Charges and Payment 4.1. All advertised amounts are VAT exclusive. 4.2. The Charges the Subscriber agreed to pay are those stated on the subscriber form, which may be increased from time to time unless the parties conclude a fixed term pricing contract expressly stating otherwise. 4.3. Payment to ANO will take place by debit order, unless otherwise agreed between the parties, by the first day of every month, in the sum of the amount stated on ANO ’s invoice, free of deduction or set off and calculate with reference to the Charges for the Services and or products. 4.4. In the event any of the Services are capped and the Subscriber exceeds the aforementioned cap, the Subscriber shall be liable for any additional charges in respect of the exceeded cap. 4.5. The Subscriber shall pay to ANO on demand, a deposit of an amount determined by ANO at its sole discretion. Said amount shall not bear interest. Delivery 5.1. Delivery of all Products shall be dependent upon the availability of stock and various other factors which may affect said delivery. Upon delivery to the Subscriber, all risk in respect of the Products will pass to the Subscriber. 5.2. The Subscriber shall comply with the manufacturer’s instructions and all licensing terms provided in respect of software supplied for use with the Products. Regulatory Compliance 6.1. Any Telecommunication or ISP services ANO provides are supplied subject to the terms and condition of the licenses issued by the Independent Communications Authority of South Africa (“ICASA”) to ANO 6.2. The Services suppled in terms of this agreement will be subject to any changes to the terms and conditions of ANO ’s aforementioned licenses. Intellectual Property 7.1. ANO will retain all rights in and to any methodologies and all other intellectual property created when providing its Services. Consequential Loss 8.1. ANO will not be liable for any consequential losses of whatsoever nature unless said losses arise from its own fraudulent conduct. 8.2. The maximum extent of ANO ’s liability to the Subscriber will be equal to the amount the Subscriber has paid to ANO for the Services the latter have provided under this agreement for the past three months. Whole Agreement 9.1. These terms and those in the ANO subscriber form shall comprise the whole agreement between ANO and shall prevail over all prior agreements and arrangements between ANO relation to the Provision of the Services or Products. 9.2. No other provisions shall apply unless expressly agreed to in writing by ANO . Privacy & Confidentiality 10.1. ANO maintains a comprehensive Privacy Policy on its website (www.ano fibre.co.za) setting forth the manner in which it collects and processes personal information, Subscriber’s must familiarise themselves with the content of such. General 11.1. An electronically scanned and stored version of this document shall constitute sufficient evidence of its content and signature by the parties. 11.2. In the event the Subscriber is a corporate entity or trust, the Signatory who signs on the behalf of the Subscriber warrants that he or she is duly authorized to enter into this contract and, if applicable, to sign the debit authorization on the Subscribers bank account. 11.3. By affixing their signature to this agreement the Signatory binds his or herself as surety and co-principal debtor on behalf of the Subscriber unto and in favor of ANO for the due and punctual fulfilment of all of the Subscriber’s obligations to ANO arising out of this agreement, including the payment of all Charges and liquidated damages.

INTRODUCTION: 1.1. This Complaint Policy document deals with complaints in respect of ANO Fibre (Pty) Limited’s (“ANO”) services and billing. 1.2. ANO is licenced by the Independent Communications Authority of South Africa (“ICASA”) to provide electronic communications services to its customers and this document aligns with ICASA regulations. Definitions 2.1. “Billing Complaint” means where a Customer makes a bona fide assertion, via email to the appropriate email address and supported by the necessary documents, to ANO that their bill contains incorrect charges, payments or adjustments. A mere query of a bill does not constitute a Billing Complaint. 2.2. “Business Day” means any day other than a Saturday or Sunday, or a public holiday observed as such in the Republic of South Africa. 2.3. “Customer” means a ANO subscriber or potential subscriber. 2.4. “Service Complaint” means a complaint made by a Customer in respect of the services provided by ANO. Service Complaints: 3.1. All Service Complaints and Technical Complaints must be in writing and directed to (Insert Email Address). Only complaints submitted in writing to the aforementioned email address shall be accepted as a formal complaint. 3.2. A Service Complaint must be accompanied by the following; 3.2.1. the Customer’s particulars, including their name, address, internet service provider (“ISP”), email address and other applicable contact details; 3.2.2. if known, the Customer’s account number or reference number; 3.2.3. particulars of the complaint in sufficient detail as to enable ANO to address such; 3.2.4. any additional relevant evidence or documentation the Customer wishes to submit in support of the Complaint. 3.3. ANO shall: 3.3.1. acknowledge receipt of the Complaint within forty-eight (48) hours and allocate a reference number in respect of the Complaint; 3.3.2. provide a written response to the complaint and including its decision on the outcome of the Complaint within fourteen (14) Business Days following receipt of the Complaint. 3.4. Complaints in respect of technical services, fault logging, and network operations must first be logged by contacting the call centre or Network Operations Centre. If a fault, query or complaint is not timeously resolved via this channel a complaint can be lodged by following the process set out under Clauses 3.1 to 3.2 above. Billing Complaints 4.1. All Billing Complaints must be in writing and directed to (Insert email address). Only complaints submitted in writing to the aforementioned email address shall be accepted as a formal complaint. 4.2. All Billing Complaints shall be submitted with the information set out in Clause 3.2 above. 4.3. Payment of any amount that is not disputed by the Billing Complaint will not be withheld. 4.4. Any Billing Complaint arising from the unauthorised use of ANO ’s services by the Customer or a third party shall not be entertained by ANO. 4.5. ANO will endeavour resolve the Billing Complaint within fourteen (14) Business Days of receipt of the Billing Complaint and will inform the Customer of its determination in writing. 4.6. In the event ANO determines that the Customer is liable for the disputed amount, the latter shall pay the disputed amount or a portion of such, together with any penalties and additional costs within five (5) Business days of the date of the aforementioned determination. 4.7. In the event ANO determines that Billing Complaint is substantiated and a consequence of ANO ’s service or error, ANO (together with the Customer) shall: 4.7.1. withdraw the disputed amount; 4.7.2. refund any overpayments of fees, or part thereof already paid, or credit the applicable account, the case may be, against billings in next or future billings; 4.7.3. provide the Customer with a statement reflecting the adjustment to their account. 4.8. ANO will not disconnect a service provided to the Customer which is the subject of a bona fide Billing Complaint. 4.9. On determination of a Billing Complaint and subject to applicable laws, the Customer shall have a period of 5 (five) Business Days to settle any amounts due, failing which ANO reserves the right to suspend or terminate the Customer account due to said non-payment. Referral of Complaints to ICASA 5.1. In the event the Customer disputes the outcome of ANO ’s determination of a complaint, the former is entitled to escalate the matter to ICASA. In turn, if ICASA are unable to resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for Adjudication. 5.2. The Customer must provide ANO with a reasonable opportunity to resolve the matter in the period specified under Clause 4 above, before it may escalate a complaint to ICASA to resolve the matter within the period specified in this Complaint Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA. 5.3. The Customer may lodge complaints to ICASA directly online (https://www.icasa.org.za/pages/consumer-complaints) or, a complaints form can be completed and emailed to the following address: 5.3.1. Email: consumer@icasa.org.za 5.3.2. Fax: 012 568 3444 5.4. Complaints to ICASA may also be sent via post or lodged by simply walking into any ICASA office, the locations of which may be located on their website (https://www.icasa.org.za/pages/contact-us). Privacy & Confidentiality 6.1. ANO maintains a comprehensive Privacy Policy on its website (www.ano fibre.co.za) setting forth the manner in which it collects and processes personal information, Customers must familiarise themselves with the content of such.

PURPOSE : 1.1. This policy shall set forth the rules applicable to the use of ANO Fibre (Pty) Limited’s (“ANO”) services. 1.2. Any use of our services must be consistent with the terms set out in this policy and failure to do so may result in the cancellation or suspension of ANO ’s services. 1.3. ANO reserves the right to change or modify the terms of this policy at any time and post the updated version to its website at www.anofibre.co.za. The use of ANO ’s services after the updated version of this policy is posted online shall be deemed acceptance of said updated policy by the user. General 2.1. ANO hereby prohibits the use of its services in a manner which: 2.1.1. Is unlawful and 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. 2.1.2. Is harmful to another person or entity. 2.1.3. Interferes with the use of ANO ’s infrastructure, network or systems, or those of another service provider or user of such. 2.1.4. Violates intellectual property rights; 2.1.5. Results in the publication of material, which is threating, offensive, obscene, defamatory, discriminatory and/or constitutes hate speech; 2.1.6. Is abusive, risks the security or violates the privacy of another. 2.2. Any of the above activity on any of the websites or services linked to ANO ’s shall be considered a breach of this policy. Prohibited Conduct 3.1. Unlawful activity 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. 3.2. ANO ’s services shall not be used for the purpose of committing an offence against a child or in any manner that would constitute or promote unlawful interaction with children. 3.3. ANO ’s services shall not 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 ANO at the following e-mail address: __________. ANO will report any discovered violation of this prohibition to the South African Police Services and take steps to remove child pornography and/or block access to the content determined to contain child pornography. 3.4. Intellectual property rights may not be violated, inter alia, by publishing, submitting, receiving, uploading, downloading, posting, using, copying or otherwise reproducing, transmitting, re-transmitting, distributing or storing any content or material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of ANO 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. 3.5. ANO ’s services may not 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 other persons or entities. ANO reserves the right to decline to provide its web or content hosting services to any person or entity if ANO determines its content to be in violation of this policy. Spam & Email Abuse 4.1. ANO shall regard all unsolicited bulk email, whether commercial or otherwise, as spam, with the following exceptions: 4.1.1. Emails sent by one party to another where a prior relationship between the two parties and the subject matter of the messages concerns said relationship; 4.1.2. Emails sent by one party to another with the explicit consent of the receiving party. 4.1.3. Customers should only receive bulk mail that they have expressly requested, consented to receive or which they would reasonably expect to receive as a result of an existing relationship. 4.2. In addition to Clause 4.1 above, ANO shall regard the following, inter alia, as email abuse and a breach of this policy: 4.2.1. Sending electronic messages, files or other transmissions exceeding the contracted for capacity or that could potentially disrupt ANO ’s network of the networks with which ANO connects; 4.2.2. Using another site’s mail server to relay mail without the express permission of that site; 4.2.3. Using another computer, without authorization, in order to send multiple email 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 policy; 4.2.4. Using IP addresses that the customer has no right to use; 4.2.5. Collecting responses from unsolicited electronic messages; 4.2.6. Maintaining a site that is advertised via unsolicited electronic messages, irrespective of the origin of said unsolicited electronic messages; 4.2.7. Sending messages which are malicious or could reasonably be presumed to interfere with another party’s enjoyment of ANO ’s services or the internet in general. 4.2.8. Using email distribution lists containing addresses that include those who have opted out of said distribution. 4.2.9. Sending electronic messages that do not accurately identify the sender, their return address, the email address of origin, or other information contained in the subject line or header; 4.2.10. 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; 4.2.11. Intercepting, redirecting or otherwise interfering or attempting to interfere with emails intended for third parties; 4.2.12. Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user emails or sends; 4.2.13. Making available any software, product or service designed or intended to violate this policy. Security 5.1. The customer shall be responsible for ensuring and maintaining the security of their machines and the systems thereon, including the installation or implementation of software patches and operating system updates. 5.2. ANO ’s services may not be used to gain unauthorised access to, interfere with or breach the security of ANO ’s or any other party’s servers, networks, computers, control devices, software or data, or to attempt any of the aforementioned activities. 5.3. Security violations in respect of an entities network or system can include, inter alia: 5.3.1. Unauthorized monitoring, scanning or probing of network or system or any other action intended to intercept data without authorisation or to harvest email addresses. 5.3.2. 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; 5.3.3. Impersonating others or obtaining another’s personal information in secret or via deception (ie phishing); 5.3.4. Using software to interfere with a terminal session, access or use of the internet or any other means of communication using ANO ’s services; 5.3.5. Distributing or using tools designed to compromise security, including but not limited to cracking and hacking tools, password guessing programs, packet sniffers or network probing tools, where said use is or distribution is not in the course of authorised network security operations. 5.3.6. Knowingly and intentionally uploading or distributing files that contain malicious software (ie viruses or malware) 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; 5.3.7. Engaging in the transmission and/or distribution of pirated software; 5.3.8. With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow the customer’s account to stay logged on while customer is not actively using ANO ’s services or using said account for the purpose of operating a server; 5.3.9. Avoiding the limitations placed on ANO ’s services by any means; 5.3.10. Assisting in casing damage or breaching the security of ANO ’s or another service providers network and/or systems, either directly or indirectly; 5.3.11. Failing to take reasonable security precautions to help prevent breaches of this policy. Customer Obligations 6.1. Customers bare sole responsibility for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using ANO ’s services. 6.2. ANO bares no responsibility in respect of any material created on its network or accessible through its servers, including content provided on any website linked to it’s own. 6.3. ANO ’s act of linking a website to its own shall not be construed as an endorsement of the content or material on said website. 6.4. The customer shall act promptly to remedy any breach of this policy. Enforcement 7.1. Any failure on the part of the customer to act in a manner consistent with the terms of this policy shall be regarded as a material breach and could potentially result in ANO suspending or terminating the customer’s services. Said suspension or termination of services may occur with or without warning to the customer. 7.2. ANO will furnish the customer with a notice of a breach of this policy and allow the customer a reasonable opportunity to remedy the breach, when possible. 7.3. If ANO ’s services are used in a way that it reasonably believes constitutes a breach of this policy, it may take action against the customer. Said action may include but is not limited to: 7.3.1. Temporary or permanent removal of content; 7.3.2. cancellation of newsgroup posts; 7.3.3. filtering of Internet transmissions, and/or the immediate limitation; 7.3.4. restriction, suspension or termination of all or any portion of the services or your account. 7.4. Should the customer engage in any one or more of the above activities, ANO may, without prejudice to any of its rights, take further action against the customer. Said action includes but is not limited to: 7.4.1. Without notice, temporary or permanent limitation, restriction or suspension of the customer’s access to the ANO ’s services. 7.4.2. Terminate all agreements with the Customer with immediate effect; 7.4.3. Bill the customer for any costs incurred by ANO as a consequence of the customer’s activity; 7.4.4. Disclose information relating to the offending activity to the extent it may be necessary under the circumstances. 7.5. ANO bares no obligation to monitor content of any materials distributed or accessed using its services. However, ANO may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect ANO ’s network and its customers. Reporting 8.1. Any complaints in connection with the violation of this policy should be directed to complaints@localhost and include sufficient detail as to allow ANO to investigate and resolve the complaint.

Protection of Personal Information Act (POPI Act) Follow the below link: https://popia.co.za/