Terms & Conditions

SCOPE OF AGREEMENT
Day provides the service to the user on the terms and conditions set out below.
By entering the user’s name and associated details into the required space on one of Day’s sign-up forms in expectance of a product.
The user (or his/her/its representative) indicates that the user irrevocably accepts these terms and conditions. Please exercise extra special notice for the terms below.
INTERPRETATION
In these terms and conditions:
2.1 “Consumer Protection Act” means the Consumer Protection Act 68 of 2008.
2.2 “Logging on” is considered to be the action of inserting the SIM provided by Day into the router to initiate the service.
2.3 “Day” means OpenWeb (PTY) LTD, company registration number 2014/127549/07, a registered company which trades as Day.co.za or Day;
2.4 “Day network” means the electronic communication infrastructure used by Day to provide Internet access and bandwidth to the user;
2.5 “Parties” means Day and the user;
2.6 “The service” means the provision of access to the Day network and related infrastructure by Day to the user in accordance with these terms and conditions;
2.7 “Terms and conditions” means the terms and conditions set out above and below;
2.8 “The user” means any person/entity that makes use of and purchases “the service”;
2.9 “Reseller” means a “user’ that has been given express permission to resell Day services. Permission is given in the form of access to the Day resellers portal;
2.10 “Registered user” means the ‘user’ that has entered their credentials into the Day user portal and who pays for the “the service”.
2.11 “Downgrade” means substituting a “service” that costs less than the initial “service” purchased by the user;
2.12 “Service agreement/agreement” means the agreement between Day and the user for the provision of the service, which is subject to all terms acknowledged and agreed to by the user (or his/her/its representative) when creating a profile on the Day user portal, including these terms and conditions;
2.13 “Shaping” or “packet shaping” is a computer network traffic management technique which delays some or all datagrams/protocols to bring them into compliance with a desired traffic profile;
2.14 “a calendar month” is the period between the first and the last day of any given month (e.g. 01 – 31 January is a ‘calendar month”).
2.15 “Protocols” means Network protocols that are formal standards and policies comprised of rules, procedures and formats that define communication between two or more devices over a network. Network protocols govern the end-to-end processes of timely, secure and managed data or network communication. Examples of protocols can be defined as, but not limited to : HTTP, HTTPS, FTP, VOD, P2P etc.
2.16 “Debit order” is a payment mechanism and associated authority that allows Day to debit the users’ bank account in order to facilitate payment for the service in accordance with the rules set out by PASA (Payment Association of South Africa). All Debit orders are governed by the prevailing debit order mandate which the user agrees to when purchasing the Day service. The Date/Time and IP address are logged and as such these details constitute an ‘electronic signature’. The logging of Date/Time and IP further indicates the acceptance of these terms.
2.17 “Top up” Top-up means a pre-paid voucher for additional data that is purchased once a user has reached their data cap/limit;
2.18 “Add-On Bundle/Value added service” means the addition of prioritised protocols, for example VOD or gaming.
2.19 “Night-Time Cap/Nightsurfer (NTC)” is a free/bonus data allocation that is available between 24h00 – 05h00. This data allocation is provided as an addition to the primary data allocation and does not count against the primary data allocation. The use of the NTC is subject to the user still having data available on their primary/anytime data allocation package.
2.20 “Anytime data” This is the primary data allocation that a user has purchased as indicated under the respective product sales pages at : https:// Day.co.za
2.21 “Clawback fee” This is a term used in lieu of an early cancellation fee wherein the user must pay for another month’s bill without service delivery if they are to opt out of a contract at any point in their contract’s duration. Failure to abide by one’s contract or pay their respective clawback fee may result in disciplinary measures.
3 PROVISION OF SERVICE AND AUTHORITY
3.1 The user acknowledges that he/she has the prerequisite infrastructure in place to make use of the service. This includes but is not limited to a working LTE router and/or smartphone within the given coverage area running at the correct speed for the chosen Day data package. The user will be solely responsible for obtaining and arranging, configuring and maintaining all of the user’s equipment, including (but not limited to) computer hardware equipment, telecommunication equipment, modems/router, smart phones, tablets and the like, used by the user to obtain and maintain access to the Day network.
3.2 The user will be liable for all telephone call charges and other costs payable to third parties relating to obtaining and arranging, configuring and maintaining equipment as described in 3.1 above.
3.3 The user [or his/her/its representative] warrants (undertakes that the following is true and may be liable for damages if it is not) that the user [or his/her/its representative] has the authority and capacity to contract with Day for itself/himself/herself or, where applicable, on behalf of the trust, close corporation, company or other person the representative represents.
3.4 The user will be liable for any fees exceeding that of what Day is willing to undertake relating to surcharges and banking fees.
4 NETWORK & AVAILABILITY OF ACCESS AND ASSOCIATED ACCEPTABLE USAGE
4.1 The Day network may be used to link into other networks in South Africa and universally and the user agrees to conform to the use policies of these networks. (This means that the user must make sure that it does not use other networks, for example Internet Solutions, MTN and Telkom in South Africa, in a way that breaches the rules of use and acceptable usage policies of those networks – the policies outlined in these terms fall within those broader policies.)
4.2 The user may not circumvent authentication or security of any website, domain, host, network, or account (referred to as “cracking” or “hacking” or “jail breaking”), nor interfere with data package to any user, host, or network (referred to as “denial of service attacks”) and accepts that it is illegal to do so. This constitutes a material breach of the service agreement, and affords Day the right to suspend and/or terminate the service agreement immediately without a refund.
4.3 In addition and without prejudice to (without overriding or taking away from) what is set out above, the use of any application that overloads the Day network (e.g DOS or DDOS attacks) by whatever means will be regarded as making reckless use of the Day network and is NOT allowed.
4.4 Users who violate systems or network security may incur criminal or civil liability. Day will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.
4.5 Day will make every effort to make the service available at all times and will use its utmost influence to strive for 100 % (one hundred percent) uptime and associated bandwidth speeds. However, since Day relies on numerous suppliers in order to provide the service, Day is unable to and does not guarantee or warrant 100 % (one hundred percent) uptime and associated bandwidth speeds. The bandwidth speeds advertised on the Day website indicate speeds up to the maximum possible theoretical speed attainable on a given Day LTE/Mobile data package and Day does not warrant (undertake that the following is true and be open to possible liability for damages if it is not) that the user will experience bandwidth speeds equal to the maximum possible theoretical speeds. All access to the electronic communications infrastructure is therefore rendered on a “best effort” basis and Day accordingly does not offer any form of service level agreement whatsoever.
4.6 Day will strive at all times to provide users with prior notice, where possible, of scheduled maintenance which may result in users having to log-off for any period of time.
4.7 Day will not be responsible for the performance of external communications networks and protocols to which the service is connected or which facilitates connection to the Day network, including the networks of Internet data package providers other than Day. For example: Internet Solutions, Openserve, Dimension Data, Vodacom, MTN and Telkom.
4.7.1 Day purchases from various providers. From time to time, the providers may change package pricing, data allocations and terms of service. Day will, where reasonable, notify clients of such changes before or after applying the change to the client’s account.
Important Waiver and Indemnity
4.8 The user waives all and any claims that may arise as a result of Day being unable to make the service available to the user under the circumstances contemplated in 4.7 above and indemnifies Day and holds Day harmless against all and any claims that may arise as a result of Day being unable to make the service available to the user under the circumstances contemplated in 4.7 above.
More specifically:
4.8.1 The user cannot bring any such claim against Day;
4.8.2 In relation to third party claims:
4.8.2.1 the user will pay all costs, damages, awards and judgments finally awarded against Day arising from such claims;
4.8.2.2 the user will pay all legal fees incurred in connection with such claims on an attorney and own client scale (Day will recover as much of its costs incurred as legally possible), including fees incurred prior to or during the institution of legal proceedings, and/or in connection with the satisfaction of any costs, damages, awards and/or judgments awarded against Day;
4.8.2.3 the user will, at the user’s expense, notify Day of any such claim which comes to the user’s attention; where applicable give Day the authority to defend, compromise or settle any such claim; and give Day all reasonable assistance necessary to defend such claims;
4.8.2.4 the user’s indemnity against third party claims will not apply to the extent that it is not permitted under the Consumer Protection Act.
Reference to Day in this clause 4.8 includes reference to any employee, representative or other personnel of Day.
4.9 Day will provide the service strictly subject to the terms and conditions prescribed by its third-party bandwidth resellers and the national regulator (Independent Communications Authority of South Africa, ICASA) and prevailing legislation.
4.10 Day will be entitled to suspend the service if, during the user’s use of the service, the Day network is or potentially may be endangered, harmed and/or impeded. Where possible, Day will notify the user prior to such a suspension.
4.11 Capped services are usage based. This usage is calculated and managed by third party bandwidth wholesalers, like, but not limited to Internet Solutions, Dimension Data, Vodacom, MTN, Telkom and such calculation is considered as being accurate and binding. Day will not be responsible for any bandwidth loss or theft as it is the user’s responsibility to ensure proper management of their usage and associated credentials.
4.12 Once the user’s account has reached the applicable local usage cap, the account will be hard-capped until the following month. (The user will not be able to make use of the service while the user’s account is hard-capped). Additional accounts and top ups can be purchased, at the user’s discretion.
4.13 Acceptable Usage and Packet Shaping Policy (AUP)
Day makes use of ‘electronic measures’ in the form of bandwidth ‘packet shaping’ to ensure that the Day network is not compromised or over burdened by abuse as defined in Sections 6.3 and 6.4 of these terms. Protocols that may be subject to ‘packet shaping’ include, but are not limited to P2P/bit-torrent, NNTP, HTTP file hosting and certain ‘video on demand’ (VOD) services. The application of ‘shaping’ is based on how busy the Day network is at any given time as well as the priority of a given user’s service level.
5A. LTE-A/Fixed LTE
5A.1. All hardware supplied by Day will not include a 12-month manufacturer’s warranty. Faulty hardware will be swapped out for a once off courier cost of R195 per incident.
5A.2. All Day LTE-A packages are “best-effort” services and Upload and Download speeds cannot be guaranteed. Performance/speed is reliant on many factors such as coverage/distance from base station, prevailing weather conditions and base station congestion) As detailed in clause 4.5.
5A.3. The early cancellation of any fixed term LTE-A contract is allowed (as defined by Section 14 of the CPA 2008) but the user will be responsible for an early cancellation penalty.
5A.3.1 Early cancellation penalty fee – A user will be charged 1 x normal monthly subscription that would have been owed the following month.
5A.4. Bandwidth caps included in monthly subscription will be replenished on the 1st of every month.
5A.4.1. Top-ups can be purchased at any time, payment is tendered via Credit Card.
5A.5. Any unused monthly data shall be forfeited at the end of every calendar month. Data is not carried over to the next calendar month.
5A.6. Should a user sign-up for a month-to-month contact during any month on a date other than on the 1st, the data and the billing will be done pro-rata accordingly for the remaining days of the particular month and the User will be billed along with the first full calendar month billing;
5A.7. Add on bundles will be valid for 30 (thirty) days. (As an example, should a user purchase an Add on bundle on the 25th of July, the Add on bundle will expire on the 24th of August at 23:59).
5A.8. Any unused Add on bundle/Value added service shall be forfeited at 23:59 on the expiry date.
5A.9. Upon reaching the data limit/cap for the month, the User will be required to ‘top up’ in order to continue normal service.
5A.10. The Users location must be in the service coverage map for the selected LTE-A/Fixed LTE network. MTN LTE-A solutions are locked to the location that is specified when the service is ordered.
5A.11. Services which are provisioned outside of the coverage area at the Users insistence are provisioned entirely at the user’s risk.
5A.12. Failure to adhere to agreed delivery arrangements with the courier company may result in a shipping penalty of R195.00 been charged and further cancellation of the agreement.
5A.13. Failure of the delivery company to reach the user in five attempts to make delivery arrangements will result in cancellation of the agreement and a service fee of R995 be billed to the User.
5A.14. The user is fully liable for the replacement cost of there hardware or SIM if stolen or damaged. The user is fully responsible for insuring their devices.
5A.15. SIM cards may only be dispatched once payment is made for the 1st month; SIM cards may take 7 -10 working days to be delivered from when payment is received. In the event that the SIM takes longer than the 7 – 10 working day period to arrive a pro-rate refund will be passed calculated for every day after the 10th working day.
5A.16. The ‘Nightime Cap’ data allocation is a free (bonus) data allocation. The use of the ‘Night-Time Cap’ free data is subject to and further requires that the user has ‘Anytime data’ available. The Night-Time Cap cannot be used if the user has no ‘Anytime data’ available. (When you have depleted your Anytime cap, your Night-Time Cap will not be available until you top-up).
5A.17. Top-up data is valid for 30 days from date of purchase. When a user’s usage resets in a new month, any remaining top-up data will be consumed first. In the event of an Unpaid debit order or credit order, top-up data will be forfeited if payment is not processed before the system suspends the service for non-payment.
5A.18. If you purchase a Refurbished MTN Fixed LTE router, you agree that the router does not offer a warranty. Routers are considered used and the warranty expired. No refund or returns are permitted on refurbished hardware.
5B. Pro-Rata Deals
5B.1. Users who opt for the Pro-Rata deal/discount for the amount of R95 subscribe to a six month contract wherein the first month’s R95 is followed by five monthly payments at the full monthly rate of the plan. Users who wish to cancel their subscriptions before the their obligatory six month contract concludes is then obligated to pay a R995 clawback fee.
5B. Late Payment Penalty and the Deadline for Late Payments Without Consequence
5B.1. Users whose debit order(s) fail for any reason must cover the payment for the month in full before the 5th of that month. Deactivation takes place on the 3rd of the month or when the debit batch report of unpaid clients is received.
5B.2. The User may request to pay for the month in full later than the 5th of the month but not without consequence.
5B.3. Early payments for any month have no penalty and may be enacted if the user has given Day specialists notice for their early payment.
5B.4. Failure to provide Day specialists proper notice (notification up to 48 hours in advance of the date on which Netcash debit orders take place or 5-7 days within the date on which DirectDebit debit orders take place) may result in a R10 fee in addition to the full month’s payment for banking charges regardless of whether those charges exceed or fall short of the fee.
5B.5. In the event that a user requires a new SIM to be provisioned, the user is responsible for paying another R195 delivery fee for their replacement SIM.
Shaping is applied for select LTE/LTE-A products
SERVICE CLASS LEVEL – Uncapped Shaped data packages:
In general, shaping is most aggressively applied between 18:00 and 23:00. Between 23:00 and 18:00 shaping is generally relaxed as the network usually quietens down during these times.
From 23:00 to 05:00 access is completely unshaped.
Shaping is only applied to bandwidth intensive protocols on the Home Uncapped service level. Some protocols will never be shaped no matter how much data is consumed. These are defined as follows:
Unshaped protocols:
Browsing/Emails/Google Services/FTP/ay Hosted Servers.
Shaped protocols:
Shaping is applied on three different priority levels. Low priority applications will receive the highest amount of shaping, where Medium and High priority applications will receive less shaping.
Low Priority Applications:
P2P torrents and similar/HTTP or HTTPS Downloads/File sharing Downloads/NNTP Downloads.
Medium Priority Applications:
Streaming VOD
Gaming
Security (VPN/DNS/PROXY)
File transfer/Windows DRP
Microsoft Windows /Apple/Linux updates
Other
High Priority Applications:
VOIP (Voice over IP)
SERVICE CLASS LEVEL – Home Uncapped PLUS Shaped data packages:
In general, shaping is most aggressively applied between 08:00 to 19:00. Between 19:00 and 22:00 shaping is generally relaxed as the network usually quietens down during these times. From 22:00 to 00:00 shaping is lowered even further, providing the network is not congested.
From 00:00 to 05:00 access is completely unshaped.
Unshaped protocols:
Browsing/Emails/Google Services/FTP/ Day Hosted Servers
VOIP (Voice over IP)
Streaming (Between 19:00 and 07:00)
Gaming (Between 19:00 and 07:00)
Shaped protocols:
Shaping is also applied on different priority levels. Low priority applications will receive the highest amount of shaping, where Medium and High priority applications will receive less shaping.
Low Priority Applications:
P2P torrents and similar
HTTP or HTTPS Downloads
File sharing Downloads
Medium Priority Applications:
Security (VPN/DNS/PROXY)
File transfer/Windows RDP
Windows / Apple updates
Other
SERVICE CLASS LEVEL – Home Uncapped Premium:
This product is ‘largely’ Unshaped. This means that all ports and protocols are treated with an equal level of priority.
All accounts are UNSHAPED until a client reaches the usage thresholds indicated below in a current calendar month. Once shaped, the Home Uncapped PLUS service profile will be applied to the account for the rest of the month.
From 00:00 to 05B:00 access is completely unshaped regardless of the thresholds below.
SERVICE CLASS LEVEL – Capped Unshaped:
Capped products are never shaped. All ports and protocols will be treated equally with no exceptions. Capped Unshaped accounts will always receive a high priority on the network.
6 USER ETIQUETTE & ILLEGAL USE
6.1 The user acknowledges and agrees that the user is expected to abide by generally accepted Etiquette.
6.2 The user acknowledges that Day is unable to exercise control over the content of the information passing over the Day network and is accordingly not responsible or in any way liable for such content.
6.3 The Day network may only be used for lawful purposes. The user will accordingly not use the service in any manner which:
6.3.1 constitutes a violation of any law, regulation and/or tariff that is in force in the Republic of South Africa;
6.3.2 constitutes an act or omission that is generally unacceptable or offensive to internet users in general or the public at large, specifically including but not limited to the hosting of pornographic or other obscene material, spamming, hacking, unsolicited mailing or use of material that violates export control laws;
6.3.3 is defamatory, fraudulent or deceptive;
6.3.4 is intended to threaten, harass or intimidate;
6.3.5 damages the name and/or reputation of Day;
6.3.6 interferes with the use and enjoyment of internet related services by other users or Day services;
6.3.7 forwards or propagates chain letters or malicious email; and/or
6.3.8 solicits mail for any address other than that of the user, except with full consent of the owner of such other address.
To assist the user to comply with the user’s obligations under this clause 6.3, Day will forward or communicate to the user any notifications which Day receives relating to the improper use of the service or the Day network by the user.
6.4 The user undertakes to abide by all laws applicable to copyright and intellectual property, redistribution or re-sale of any data and/or publications, compositions, productions and software information retrieved from the service and/or the internet by the use of the service. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorisation, is strictly prohibited.
6.5 The user will not, without the express written permission of Day, resell or otherwise make the service the user may receive from Day, available to any third party.
6.5 The user acknowledges that third party product and service providers may advertise their products and services on the Day website. Day forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to the user. However, the user acknowledges and agrees that at no time is Day making any representation or warranty regarding any third party’s products or services, nor will Day be liable to the user or any third party for any claims arising from or in connection with such third-party products and/or services.
Important Indemnity
6.7 The user indemnifies and holds Day harmless against all and any third-party claims that may arise from the user’s use of the Day network and/or the user’s telecommunication line and/or the service. More specifically:
6.7.1 the user will pay all costs, damages, awards and judgments finally awarded against Day arising from such claims;
6.7.2 the user will pay all legal fees incurred in connection with such claims on an attorney and own client scale (Day will recover as much of its costs incurred as legally possible), including fees incurred prior to or during the institution of legal proceedings and in connection with the satisfaction of any costs, damages, awards and/or judgments awarded against Day;
6.7.3 the user will, at the user’s expense, notify Day of any such claim which comes to the user’s attention; where applicable, give Day full authority to defend, compromise or settle such claims; and give Day all reasonable assistance necessary to defend such claims;
6.7.4 the user’s indemnity against third party claims will not apply to the extent that it is not permitted under the Consumer Protection Act.
Reference to Day in this clause 5.7 includes reference to any employee, representative or other personnel of Day.
7 PAYMENT FOR THE SERVICE
7.1 The user will pay to Day a monthly subscription as set out in the applicable tariff guide appearing at: https://www.Day.co.za AND associated pages.
7.2 Subscriptions are due on or before the 5th of each month, paid in advance for the following month’s service if paid for by means of an EFT or via credit card. Subscriptions may be paid by way of electronic transfer, credit card payment or debit order.
7.3 The user is responsible for ensuring that debit order and credit card payments are honoured and that the necessary payment mechanisms are in place. Monthly debit order payments are processed between the last working day of the previous month and 4th day of each month. Debit orders that are arranged during a ‘new’ user’s first month of subscription will be processed during the next 7-day debit order processing period. If the user pays by electronic transfer, the user is responsible for sending proof of payment to Day by email to [email protected] and for verifying that Day has received the proof of payment and marked the user’s account as PAID.
7.4 The service may be terminated without notice to the user, with effect from the first day of the following month, if:
7.4.1 a subscription which is due for the following month is not paid; or
7.4.2 in the case of electronic transfers, proof of payment of a subscription is not received by the 5th of the month preceding the month of usage and Day does not subsequently receive the subscription in its bank account.
7.5 Subject to Days discretion in clause 7.4, if the first and/or the second payment due by the user to Day is not paid by the 5th of the month then the service will be terminated without notice to the user on the day thereafter, without prejudice to Day or its nominated agent/s right to recover the first and/or second payments with interest and/or collection fees/costs which accrues by operation of law.
7.6 Day will not be liable for any loss (including loss of business or revenue), damages, expenses, costs or claims arising due to the termination of the service in the circumstances contemplated in clauses 7.4 and 7.5.
7.7 Except to the extent the following limitations may be prohibited by the Consumer Protection Act in certain circumstances:
7.7.1 subscriptions are to be paid without deduction, set-off or demand; and
7.7.2 subscriptions paid are non-refundable.
7.8 Access to the service paid for within a month (i.e. after the first day of the month), will only last until the end of the month it was purchased in.
7.9 Clients whose debit orders are returned as unpaid for any reason are to pay for the month in full in addition to but not limited to a R20 banking fee for the debit order by the 5th of that month.
7.10 Where the client makes an incorrect or additional payment/s and as such a refund is required, a penalty of 15% the payment value may be levied and deducted before the refund is processed.
7.11 Clients will be billed irrespective of whether the LTE-A data account is used or not – Day is required to secure the prerequisite capacity on the client’s behalf in advance.
7.12 New users, unless otherwise specified on Day’s website, are responsible for paying a Delivery Fee of R95 in advance of the delivery even when:
7.12.1 the client pays any later than the day on which debit orders are sent, and a replacement SIM is necessary.
7.12.2 the client returns after having cancelled according to our cancellation policy.
7.12.3 the client buys additional accounts supplementary to their first account.
8 TERMINATION OF USE AND DOWNGRADES OF THE SERVICE BY THE USER
Only the registered user may terminate the use of the service and the associated debit order.
8.1 A mandatory one (1) calendar months’ notice is required for all users making use of debit/credit order payment facilities, given before the 1st day of the User’s last month for the provision of the service (e.g. if the user wishes the use of the service to terminate at the end of April, notice of termination must be given before the 1st of April). Users may not downgrade their Broadband account/s during/for the one (1) calendar months’ notice period. Where proper notice is given in time, Day will issue, by email, a cancellation reference number. Only once a cancellation reference number has been issued will the user’s account be deemed to be cancelled.
8.2 The user is required to provide Day with a mandatory calendars’ months’ notice should they wish to downgrade their service level. The downgrade request must be sent via email to [email protected] within at least two business days of the month in which the downgrade is supposed to take place.

8.3 As per the registration you have provided banking details for your mandatory debit order to process , however if your bank does not approve your mandate or you decline your original decision, there will still be costs incurred to the value of R400, this is based on admin fees for the banking third party and contractional debit order approval process.

 

9 SUSPENSION/TERMINATION OF SERVICE BY DAY
9.1 The service may be suspended by Day in the following circumstances:
9.1.1 During any technical failure, modification or maintenance of the service or the Day network, including but not limited to:
9.1.1.1 a failure due to activity such as cracking, hacking or denial of service attacks described in 4.2 above; and
9.1.1.2 any maintenance contemplated in 4.6 above, provided that Day will use its reasonable efforts to resume the service as soon as possible.
9.1.2 If and when the Day network is or potentially may be endangered, harmed and/ or impeded as described in 4.10 above.
9.2 Recognising the constitutional right of our employees and/or agents to dignity, the user is required to refrain from abusing Day staff members and agents. If a user directly or indirectly abuses [including but not limited to the use of foul/obscene language and/or profanity and/or racial and/or gender abuse or innuendo and/or been generally discourteous or offensive] or harasses an Day staff member or agent, this will be regarded as a material breach of the service agreement and the account of the user in question will immediately be deleted without any refund whatsoever. In these cases, Day reserves its rights to pursue the matter further.
9.3 In addition to the right of termination set out in 7.4 above, the service may be terminated by Day immediately and without notice to the user should the user fail to comply with any material term or condition set out in these terms and conditions.
9.4 Day reserves the right to levy a re-connection charge [an amount determined and calculated at the discretion of Day] for re-connection to the use of the service or Day network after suspension or termination of the service for any reason. Any re-connection charge will be payable immediately when the user receives an invoice from Day for the re-connection charge.
9.5 The user will remain liable for all charges due throughout a period of suspension of the service unless Day in its sole discretion determines otherwise in writing.
10 DISPUTE RESOLUTION
10.1 Save and except relating to the provisions of clause 7.5 above, any dispute between the user and Day in regard to any matter arising out of these terms and conditions or their interpretation, or the parties’ respective rights and liabilities under these terms and conditions or the cancellation of these terms and conditions or any matter relating to these terms and conditions will be submitted for mediation by the user or Day on written notice to the other and, failing resolution at mediation within 20 business days of referral of the dispute to mediation, for arbitration.
10.2 The mediator/arbitrator will be appointed by agreement between the parties, and, failing agreement, by Aequitate Dispute Resolution Services (Pty) Ltd. Each party shall bear half of the costs of the respective process, unless in the case of arbitration, the arbitrator makes a costs award. The mediator/arbitrator will be, if the question in issue is:
10.2.1 primarily a legal matter, practising mediator of not less than 5 (five) years’ standing accredited by DISAC as a mediator based in KZN;
10.2.2 any other matter [including billing related matters], an independent person agreed on between the parties and failing agreement appointed by the chairperson of the Society of Advocates KZN.
10.3 The arbitration will be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) for Commercial Arbitrations but not through the offices or under the administration of AFSA, unless otherwise agreed between the user and Day in writing.
10.4 Nothing in this clause 10 will prevent Day from seeking interim and/or urgent relief from a Court of competent jurisdiction and to this end the Parties hereby consent to the jurisdiction of the High Court of South Africa.
10.5 This clause 10 is not intended to limit the user’s right to settle a dispute concerning the application of the Consumer Protection Act using the mechanisms provided in the Consumer Protection Act.
11 REGULATORY COMPLIANCE
11.1 The user undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls, currently the Independent Communications Authority of South Africa, ICASA.
(To help the user to comply with the user’s obligations under this clause 11.1, Day will forward or communicate to the user any notifications which Day receives relating to the user’s regulatory obligations as imposed by ICASA or its successor.)
11.2 The user acknowledges that the imposition of regulatory obligations by such body may result in the need to change these terms and conditions and the user undertakes to co-operate with Day in this process.
12 USER SUPPORT
12.1 Day has two (2) channels for ‘users’ to access service support, these channels are defined on the Day website at : https://Day.co.za/support/.
12.2 User support is offered strictly on a best effort basis (Clause 4.5). Day undertakes no warranties and offers no service level agreement in relation to support and associated turnaround times whatsoever.
13 CONSENT
13.1 The ‘user’ consents to receiving marketing material by means of email from Day. Should a ‘user’ wish to no longer receive said marketing material they may request to be removed from the email database by emailing: [email protected].
13.2 The ‘user’ consents to Day and/or its upstream bandwidth provider monitoring the protocols used in bandwidth consumption, this is to enable Day to effectively manage ‘Packet shaping’ as detailed in 4.3.
14 GENERAL
14.1 The user acknowledges and agrees that these terms and conditions govern the user’s use of the service and that there are no other agreements, guarantees, warrantees or representations, either verbal or in writing, governing or relating to the user’s use of this service.
14.2 Any explanations in (brackets) are for explanatory purposes only, to aid understanding by the user, and will not govern the interpretation of these terms and conditions.
14.3 These terms and conditions may be clarified or modified periodically. Such changes are deemed effective as soon as they are published on the Day website (https://www.Day.co.za/terms).
IMPORTANT : Any queries regarding these terms and conditions can be sent to [email protected]
DAY PRIVACY POLICY
OBJECTIVE OF THIS PRIVACY POLICY
Day offers Internet services to the public. The data services that are provided are defined on the Day website, in the Day standard terms/conditions and associated product pages. The service is accessed by the use of routers, personal computers, tablets, mobile phones, smart TV’s, gaming consoles and other devices (IoT). To become a Day user (data subject) you will be required to provide certain personal information when creating an account on the Day customer portal (CP) and then further using the data services or otherwise transacting with Day.
We appreciate that users are concerned about their personal privacy and we are committed to respect and to protect your personal privacy concerns and rights. By agreeing to this privacy policy, the Day terms & conditions, creating an account on the Day customer portal (CP) and further using the Day service you consent and agree that we may collect, receive, record, organise, collate, store, update, change retrieve, read process, use and share your personal information in accordance with this policy.
Should you not agree with this privacy policy please do not continue to use any of Day platforms and services. This policy relates to how we collect, use, process and store your personal information when you use/access Day services, websites, platforms, applications and products. The objective of this privacy policy is to ensure that the processing of your personal information will be lawful, reasonable and is legitimate for our business activities.
APPLICATION OF THIS PRIVACY POLICY
This policy only applies to Day services, our website and platform and not to any third-party sites and technology you may use to access our products and services.
HOW AND WHEN WE COLLECT PERSONAL INFORMATION
Information provided by you:
We collect information about you as a user as provided by you to us when you submit your personal information to us in any format, when you send e-mail communications to us, when you provide your bank/payment details to us, when you interact with our customer service portals, participate in surveys and promotion. Use our services and related account settings. Such information may include your name, surname, age, SAID number, date of birth, physical address/location, postal address, e-mail address, telephone numbers, social media account details, profile pictures, payment methods, bank account details, debit card/credit card details, loyalty points and vouchers. When Day user engage with user forums on social media or engage with support agents via email to the day.co.za domain, Day will store the full text of any conversations or support tickets to which you contribute. This text may at times contain additional personal information that you provide.
Information automatically collected by us:
We use technology to collect and maintain information about you and further manage your user experience when using any of the Day data services. This information relates to your computer, router and/or any other device used to access the Day service or when you browse any of the Day platforms, when you register, purchase or subscribe to use Day services on/via our website. When you log into a router and insert user credentials or a data SIM card with the intention to connect to the Day network.
We may collect information about your devices e.g. the nature of the access device used to access the Day platform, the unique device identifier and IP address used, hardware/device type, model and settings/configuration, operating system type and version, browser type and version, browser language, system activity, referring sources/URL’s, exit pages navigated to when exiting the Day platform and the physical location from which the Day platform is accessed, established by means of technology such as GPS or IP location. We may also collect log-in information such as your activity and interaction with the platform (dates, times and duration of site access and site use), the history of your search enquiries and page views and program selection and download, your interaction with our messaging systems (e-mail, SMS and otherwise) and our Customer Service (such as date, time, reason for contacting us, recording and transcripts of conversations and chats and your phone number).
Technology such as cookies, identifiers, web beacons, browser storage and plugins may be used to collect information and recognise you when you access and exit Day platforms to distinguish you from other users, to build a profile of your use and contribute to a personalised and efficient service.
Information obtained from third parties:
We also collect personal information from our affiliates and third-party service providers which are used to supplement your user profile on our platforms. These include service providers providing us with updates on your IP address, payment service providers providing us with updates on your payment method information, selected partners who make our services available on their device or with whom we offer co-branded service/joint marketing activities, online and offline data providers of demographic advertising related data and publicly available sources such as government databases.
Information obtained from social networking sites:
We may allow you to log onto the Day platforms by using social media account authentication. We may access and collect personal information from your social media account when and while you log on to your social media account from any Day platform using your username and password. We only receive information from social media accounts and do not give them access to your personal information. We will only process personal information available on your social media account to the extent that you have decided to share the information publicly (in line with your privacy setting on the relevant social media account), and other information obtainable from the social media account only if and to the extent that you may give permission to do so.
COMPULSORY VS OPTIONAL PERSONAL INFORMATION
Compulsory information required for access to Day platform and data services:
Your full name and surname, identity number/document and date of birth,
your e-mail address,
your physical address/location,
your preferred delivery address,
your home, work or mobile telephone number,
payment method,
debit/credit card information.
If you are not prepared to share the compulsory information with us, Day can regretfully not offer you any of our data services. All other information that may be requested will be optional but may be relevant if you wish to exploit the full potential and benefit of the Day services. If you are not prepared to share the optional information with us, you may not be able to enjoy all the features and full functionality of Day platforms.
OUR USE OF INFORMATION
We collect personal information for various purposes:
Personal information is collected to comply with legal requirements such as FICA and RICA legislation and is used to protect us, our services and our users.
Certain compulsory information is required for registration and account set-up as user to enjoy access to Day platforms, to process your orders and payment for our services.
Personal information is used to authenticate your identity when accessing Day and to ensure safe and authorised use of our services, to detect, investigate and prevent misuse, fraud and prohibited/illegal activities.
Personal information is collected to maintain and update our customer database and to secure accurate, complete and up to date data.
Personal information is used to provide customer support technical and other user enquiries.
Personal information is collected to enable us to communicate news and promotional announcements.
Personal information is used to conduct consumer surveys and research.
Personal information is used to enable us to analyse and understand our user base, to determine your geographic location so as to enable us to confirm coverage/availability of network coverage, maintain and develop our service and personalise and localise our services to you and ultimately secure a constantly improving consumer experience of our services.
Personal information is used to compile, use, disclose and trade with non-personal statistical information about users and their access and use of Day platform, browsing habits, click- patterns, preferences and demographics which we may use to develop, provide and improve the Day service, including advertising to user groups. Information anticipated in this paragraph will be de-identified and will not be traceable back to you. Any identifiable information will not be disclosed without your express permission.
Personal information is generally used for other lawful activities relevant to and reasonably necessary for the conduct of our business and provision of Day services.
CHILDREN
Protecting the privacy of children is especially very important. We will not knowingly collect or maintain any information from persons under the legal age of majority without permission to do so. You must be 18 years or older to legally subscribe to Day service.
Any person under the legal age of majority may only access and utilise Day services with the involvement, supervision and approval of a parent or legal guardian.
SHARING/ DISCLOSING INFORMATION
We will not intentionally disclose your personal information other than for purposes and in accordance with this policy or with your permission.
In the conduct of our business, we will share your personal information:
to the extent required to comply with any applicable law, regulation, legal process, court order or legal governmental request,
to enforce compliance with our terms of service,
to detect, investigate, prevent and otherwise address suspected illegal activities, security/technical issues and contravention of this policy and/or the general Day terms and conditions of service,
to protect and defend the rights, property and safety of Day, our users, our employees, service providers, suppliers, agents, any other third party and the interests of the general public as required or permitted by law.
We engage other companies, agents, other service providers, suppliers and our employees to render, personalise and optimise our services (e.g. website hosting, site and product maintenance and development, administration, technical and IT support, processing and collecting payments, marketing and advertising, analysing and enhancing data, conducting consumer surveys and other support services.) These third parties may have access to your personal information if and to the extent necessary to process the information and/or for us to provide services to you. They will not be allowed to use or disclose your personal information other than for providing of their services.
From time to time, we may engage in joint promotions with third parties. We may be required to share your personal information with such third parties to facilitate your participation in and exploitation of the promotions. We wish to point out that these third parties are responsible for their own privacy policies and practices. Information compiled and profiled for statistical purposes will be freely traded in such a manner that the profiles and data cannot be traced back or linked to a specific user or subscriber.
In the event of a business transfer whereby a third-party will acquire ownership or control of our assets, management, shares, platforms or creates an affiliation between ourselves and such third-party, whether by virtue of reorganisation, restructuring, merger, acquisition, sale or otherwise, your personal information will be shared and/or transferred as part of the business arrangement on condition that the receiving party agrees to uphold your privacy rights in a manner consistent with this privacy policy. Confidentiality, non-disclosure and/or penalty provisions in our contractual relationships with these thirds parties will serve as deterrents against infringement of your privacy rights contrary to the scope of this policy.
WARNINGS
Your own publications:
Please be aware that whenever you use Day services and elects to post reviews publicly, third parties will have access to the information you disclose yourself.
Third party sites and technology:
This policy applies to the website, platform, service, product and applications provided by Day and its successors in title to users who use Day services. Day is not responsible and has no control over the privacy practices of any third-party site to which there may be a link on Day platforms through which you may navigate to while using the Day service. Please acquaint yourself with the content of such sites and adjust your privacy settings according to your preferences. If you decide to share personal information from Day platforms/services (eg. by e-mail, text or other social media) using any device and social technology or applications thereon, please be aware that the social applications are operated by independent social media networks and that sharing of information via such networks will be subject to and governed by the terms of use and privacy policy of the relevant social media operator.
Third-party access:
You can remove your Day account from your devices by signing out on the Day customer portal/website or by deleting the settings for our platforms on your device (steps vary by device and the option may not be available on all devices). It is recommended that, when you dispose of a device set up to make use of the Day service, that you maintain security of your password and device, that you logout and deactivate the device to ensure that others who subsequently use the device may not access your account and personal information. Users of public and shared devices are advised to logoff after each visit.
STORING AND RETENTION OF PERSONAL INFORMATION
Your personal information is stored on our servers or secure clouds. We reserve the right to transfer to and store your personal information on servers in a jurisdiction other than where it was collected. Where your personal information is required to be transferred across borders to other countries, we will do so in accordance with this privacy policy, will take into account any more stringent provisions of privacy protection laws applicable in such other jurisdictions and will take reasonably adequate steps to ensure that your personal information is protected in the other country. Your personal information will be retained by us to the extent and for so long as you continue to access any of our platforms and do not request us to destroy retained information; and thereafter for so long as:
We are required by law or code of conduct to do so
We are bound by contract to do so
We reasonably need it for any lawful purposes related to our business activities
We reasonably need it for evidentiary purposes
We reserve the right to delete, destroy or de-identify personal information that may become obsolete in our discretion for any reason including by virtue you stopping to access our services and your account or activity profile becoming and remaining dormant for a prolonged period of time.
UPDATING YOUR PERSONAL INFORMATION
It is in our mutual interest that your personal information is complete, accurate and up to date. It is also required by law that we update your personal information on our databases from time to time. You are kindly requested to regularly verify the accuracy of your personal information and advise us of any changes or discrepancies by either contacting our contact desk and/or by amending your personal profile online on our customer portal to the extent allowed for in the functionality of our web design. We reserve the right to verify the accuracy of your personal information and to restrict the processing of contested or suspect information for a reasonable period while we verify the accuracy.
DIRECT MARKETING TO YOU
When you access Day platforms and register as user you will receive marketing communications from us. You may opt-out of receiving direct marketing communications from us at any time by notifying us accordingly. Please be aware that Section 13 of the Day reams and conditions of service already make provision for the use of direct marketing).
Cookies, identifiers, web beacons, browser storage, plugins and similar technology may be used to automatically collect information about you and your use of our services. These technologies are similar in nature, often operate on interactive basis and have a variety of purposes. Amongst others it is used to recognise and authenticate you when you access the platform/service.
Cookies have performance and functionality functions to enhance your experience of our services.
(Cookies are small data files which are transferred to your access device when you visit the Day platform though your browser. It is stored in your web browser and will recognise you when you revisit the platform again. It stores a variety of information and user preferences. Advertising identifiers are like cookies and are found in many mobile devices, tablets and streaming media devices).
You may disable cookies and other similar technologies by configuring your browser to refuse same or by following the prompts on the help function, but by doing so you may not be able to enjoy all the features and full functionality of Day service.
SECURITY OF YOUR PERSONAL INFORMATION
We take administrative, physical, technical and managerial precautions and we use accepted technology reasonably appropriate for managing the risks of processing your information to ensure the integrity of personal information and to safeguard information against loss, theft, alteration and unauthorised access, use and disclosure thereof. While we make the integrity of your personal information a priority, we cannot guarantee that your personal information will be 100% secure.
CHANGES AND UPDATES IN THIS SECURITY POLICY
Kindly note that Day reserves the right to change and update this policy from time to time to accommodate changing legal regulatory and operational requirements. Notice of change or update and when it will take effect will be given in accordance with prevailing law. Further use and access of Day services after notification of such changes will constitute your acceptance of the amended terms of the policy. If you do not acknowledge or accept amendments to the policy, you must cease to use the Day service.
CONTACTS
Should you require any assistance or further information regarding this specific policy please contact the Day privacy centre:
Email : [email protected]
Information Officer: [email protected]
WhatsApp Support : +27873591000