Jenny Internet (Pty) Ltd
www.Jenny.co.za | 087 170 0000 | email@example.com
90 Oxford Street, Ferndale, Randburg, Gauteng | P.O Box 21214 Newcastle 2940
Reg #: 2018/324778/07 | Vat # : 409 0234 115
Individual Electronics Communications Service License: 0286/IECS/MAR/09 | Individual Electronics Communications Network License: 0286/IECNS/MAR/09
no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any
third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by Jenny
Internet, or any of its third party suppliers. Jenny Internet shall notwithstanding anything to the contrary, have
no right, title or interest in any intellectual property that belongs to the Customer and/or that the Customer has
the lawful entitlement to.
9.2 Customer warrants that it shall not use the Service/s to produce, host or present any content in contraven-
tion of any person’s intellectual property rights, and in particular warrants that it shall recognize, acknowledge
and use any content in accordance with any third party’s intellectual property rights. Customer furthermore
warrants that it has received all necessary permissions to make use of any intellectual property relating to 3rd
10. Protection Of Proprietary Information
10.1 Each party will keep in conﬁdence and protect Proprietary Information from disclosure to third parties
and restrict its use to that which is provided for in this Agreement.
Either party acknowledges that unauthorised disclosure or use of Proprietary Information may cause substan-
tial economic loss.
All printed materials, containing Proprietary Information will be marked with “Proprietary” or “Conﬁdential”,
or in a manner which gives notice of its proprietary nature.
Proprietary Information shall not be copied, in whole or in part, except when essential for correcting, generat-
ing or modifying Proprietary Information for either party’s authorized use. Each such copy, including its storage
media, will be marked with all notices, which appear on the original.
10.2 Each party shall ensure that its employees comply with its obligations under this section 10.
10.3 This section 10 shall survive termination or cancellation of this Agreement.
10.4 This Agreement does not transfer to either party title to any intellectual property contained in any Propri-
etary Information of the other party
Customer shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of
this Agreement to any third party unless consented to in writing by Jenny Internet.
The parties agree that in the event of a breach of this Agreement by Customer which causes Jenny Internet to
suffer damages of any nature whatsoever, Jenny Internet shall not be required to attach any of Customer’s
hardware in execution, and shall be entitled to retain a lien over such hardware in reduction of any debt due
by Customer to Jenny Internet.
13. Force Majeure
13.1 Jenny Internet shall not be liable for non-performance under this Agreement to the extent to which the
non-performance is caused by events or conditions beyond the control of Jenny Internet, provided that Jenny
Internet makes all reasonable efforts to perform.
13.2 It is expressly recorded that for purposes of this clause the following shall be considered circumstances
beyond the control of Jenny Internet and the force majeure
provisions shall apply:-
13.2.1 a PSTS provider fault that affects the Service/s; and/or
13.2.2 the non-performance, inability to perform or delay in performance by the PSTS provider relating to the
provisioning of equipment, services and/or facilities to Jenny Internet that affects the Service/s; and/or
13.2.3 acts or omissions of any government, government agency, provincial or local authority or similar
authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war
or public enemy, illegal strikes, interruption of transport, lockouts, ﬂood, storm or ﬁre.
14. Governing Law And Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Republic of South
Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South
African law by a South African court having jurisdiction.
15. Domicilium Citandi Et Executandi
For all purposes, including but not by way of limitation, the giving of any notice, the making of any communi-
cation and the serving of any process, Customer chooses its domicilium citandi et executandi (“domicilium”)
at the physical address appearing on the application form to which these Standard Terms and Conditions are
attached. Jenny Internet chooses its domicilium citandi et executandi (“domicilium”) at 1 South Street, Volksrust,
South Africa. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give
notice to the other within ten (10) days of the said change. Any notice which either party may give to the other
shall be posted by prepaid registered post or hand delivered to the other party’s domicilium and shall be
presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that
party on the tenth (10th) day after the date of posting or on the day of delivery as the case may be.
16.1 No variation, amendment or consensual cancellation of this Agreement or any provision or term thereof
or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this
Agreement shall be binding unless recorded in a written document signed by a duly authorized representative
from both Jenny Internet and Customer.
16.2 The parties acknowledge having read and understood this Agreement and are not entering into this
Agreement on the basis of any representations not expressly set forth in it.
16.3 Neither party shall be bound by any express or implied term, representation, warranty, promise or the
like not recorded herein, whether it induced the Agreement between Customer and Jenny Internet or not.
16.4 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of
exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as
an estoppel against either party hereto in respect of its right under this Agreement, nor shall it operate so as to
preclude either of the parties thereafter from exercising its rights strictly in accordance with this Agreement.
16.5 In the event that any provision of this Agreement conﬂicts with any statute, ruling or order of any govern-
mental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the
statute, ruling or order.
16.6 Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforce-
able, such terms and conditions will be severable from the remaining terms and conditions which will continue
to be valid and enforceable.
16.7 In the event of any expiration, termination or cancellation of this Agreement, provisions hereof which are
intended to continue and survive shall so continue and survive. In particular, termination or cancellation of this
Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set
Clause 10 above.
16.8 The terms and conditions appearing in the Schedule(s) hereto, are hereby incorporated into the Agree-
ment. In the event of any conﬂict between the Standard Terms and Conditions of this Agreement and those
appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any
conﬂict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule
16.9 By purchasing this service you agree to our Acceptable Use Policy below or http://www.jenny.
16.10 These terms and conditions, together with the Schedule(s), Annexures and attachments hereto, constitute
the whole of the agreement between Jenny Internet and Customer relating to the subject matter hereof,
notwithstanding anything in Customer’s inquiry, speciﬁcation, acceptance, order or other documentation or
discussion to the contrary.
17. Jenny Internet Acceptable Use Policy
Jenny Internet is committed to complying with legislation and ensuring all its customers have the ability to use
its network and the Internet without interference or harassment from other users. Jenny Internet’s Acceptable
Use Policy is designed to help achieve these goals. By using any of Jenny Internet’s services, customers agree
to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. Jenny
Internet reserves the right to change or modify the terms of the Acceptable Use Policy at any time, by posting
an updated version on its website at http://www.jenny.co.za/legaldocs/. Customer’s use of Jenny Internet’s
services after changes to the Acceptable Use Policy are posted shall constitute acceptance of any changed or
17.2 Scope of the Acceptable Use Policy
The Acceptable Use Policy applies to Jenny Internet services that provide (or include) Internet services,
including but not limited to, any service providing access to the Internet, hosting services (data/content hosting,
server hosting, web hosting, e-mail services, etc) or any other services provided over the Internet or wireless
data networks (collectively “IP Services”).
17.3 Prohibited Activities
General Prohibitions: Jenny Internet prohibits use of the IP Services in any way that is: i) unlawful, incitement to
commit criminal acts, harmful to or interferes with use of Jenny Internet’s network or systems, or the network of
any other provider; ii) interferes with the use or enjoyment of services received by others; iii) infringes intellec-
tual property rights; iv) results in the publication of threatening or offensive material which is harmful, obscene,
discriminatory, defamatory, constitutes hate speech; or v) 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 Jenny Internet-branded website or from a website that contains Jenny Internet - branded content is
a violation of this Acceptable Use Policy.
Unlawful Activities: IP Services shall not 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
Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/
download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/mate-
rial or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property
rights or privacy or publicity rights of Jenny Internet 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: IP Services shall 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 others. In addition, for those IP Services that utilize Jenny Internet provided web or content
hosting, Jenny Internet reserves the right to decline to provide such services if the content is determined by
Jenny Internet to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous,
excessively violent or promoting the use of violence or otherwise harmful to others.
17.4 Spam/E-mail Abuse:
Spam/E-mail abuse is prohibited using IP Services. 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 advertis-
ing 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 Jenny Internet network or of the networks with which Jenny Internet intercon-
nects, 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 Acceptable Use Policy;
• 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 IP Services or the Internet (e.g., through language, frequency, size
Sign-Up Form - One Year Contract