Jenny Internet (Pty) Ltd
www.Jenny.co.za | 087 170 0000 | sales@jenny.co.za
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
undertakes that it shall at 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
contravention of any person’s intellectual property rights, and in particular warrants that it shall rec-
ognize, 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 parties.
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 substantial 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, generating 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
Proprietary Information of the other party
11. Cession
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.
12. Lien
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 circum-
stances 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 accor-
dance 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
communication 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 (“domi-
cilium”) 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. General
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
governmental 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
unenforceable, 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 out in Clause 10 above.
16.8 The terms and conditions appearing in the Schedule(s) hereto, are hereby incorporated into the
Agreement. 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 shall prevail.
16.9 By purchasing this service you agree to our Acceptable Use Policy below or http://www.jenny.
co.za/?q=Acceptable_Use_Policy
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
17.1 Introduction
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
additional terms.
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/con-
tent 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 intellectual 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 ac-
cessed 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 administra-
tive violation of any applicable local, provincial, national or international law, treaty, court orders,
ordinance, regulation or administrative rules.
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/material 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
advertising or promotion of products or services;
• sending unsolicited electronic messages with petitions for signatures or requests for charitable
donations, or sending any chain mail related materials;
• sending bulk electronic messages without identifying, within the message, a reasonable means of
opting out from receiving additional messages from the sender;
• sending electronic messages, files or other transmissions that exceed contracted for capacity or that
create the potential for disruption of the Jenny Internet network or of the networks with which Jenny
Internet interconnects, by virtue of quantity, size or otherwise;
• using another site’s mail server to relay mail without the express permission of that site;
• using another computer, without authorization, to send multiple e-mail messages or to retransmit
e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the
activities prohibited by this 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 or otherwise);
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