Fair Use Policy (FUP)
Your use of services will– subject to the specific service provided – generally be a shared service. It is therefore necessary for us to from time to time apply rules relating to fair usage of the service to make sure that our network is efficiently managed.
Accordingly, we reserve the right to communicate to you at any time such rules relating to use – including but not limited to bandwidth and data storage limitation – as we in our sole discretion determine what is required for efficient functioning of the service for all customers.
Firmlinx makes use of various connectivity mediums. Based on your exact location and service availability Failure to comply with these rules may result in your service being restricted, suspended or terminated, as determined in our sole discretion.
Acceptable Use Policy (AUP)
What is an AUP? An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure.
Agreement to this AUP You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision.
- Any criminal, illegal or unlawful act.
- Any use which intentionally interferes with our ability to provide our services in any respect.
- Any use which intentionally interferes with our rights or the rights of any third party.
- Any use which is a breach of any other agreement we may have entered with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
- The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
Reporting unacceptable use
Please report any use of our services in contravention of this AUP to firstname.lastname@example.org.
Promotion of Access to Information
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
Firmlinx (PTY) Ltd. Overview
Firmlinx (PTY) Ltd. provides Internet Services and Access to its customers, in both the corporate and home market.
Firmlinx (PTY) Ltd. supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
How to Request Access to Records Held by Firmlinx (PTY) Ltd.
Requests for access to records held by Firmlinx (PTY) Ltd must be made on the request form that is available from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).
Requests for access to records must be made to the address, fax number or electronic mail address provided for below.
The requester must provide enough detail on the request form to enable Firmlinx (PTY) Ltd to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of Firmlinx (PTY) Ltd.
Kindly note that all requests to Firmlinx (PTY) Ltd. will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Firmlinx (PTY) Ltd does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.
- Name of Private Body: Firmlinx (PTY) Ltd
- Email address: email@example.com
- Postal Address: PO Box 921, River Cresent, Die Heuwel, 1035, South Africa
- Street Address: 17 Geringer Street, Del Judor, Witbank, 1035
- Phone Number: +27 87 234 9200
Firmlinx (PTY) Ltd. has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Firmlinx (PTY) Ltd and its services is freely available on Firmlinx (PTY) Ltd’s website. Certain other information relating to Firmlinx (PTY) Ltd is also made available on such website from time to time.
Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.
Records Available in Terms of Other Legislation Section 51(1)(d)
Information is available in terms of the following legislation, if and where applicable.
- Basic Conditions of Employment No. 75 of 1997
- Closed Corporation Act No. 69 of 1984
- Companies Act 61 of 1973
- Electronic Communications and Transactions Act 25 of 2002.
- Labour Relations Act 66 of 1995
- Promotion of Access to Information Act No. 2 of 2000
- Regional Services Councils Act No. 109 of 1985
- Skills Development Levies Act No. 9 of 1999
- Skills Development Act No. 97 of 1998
- Unemployment Contributions Act No. 4 of 2002
- Unemployment Insurance Act No. 63 of 2001
- Value Added Tax Act No. 89 of 1991
Access to the records held by the private body in question.
The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) Section 51(1)(c)
Records Held by Firmlinx (PTY) Ltd.
The Firmlinx (PTY) Ltd maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
- Memorandum and Articles of Association
- Financial records
- Operational records
- Intellectual property
- Marketing records
- Product records
- Statutory records
- Internal policies and procedures
Personnel refers to any person who works for or provides services to or on behalf of Firmlinx (PTY) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Firmlinx (PTY) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:
- Any personal records provided to Firmlinx (PTY) Ltd by their personnel;
- Any records a third party has provided to Firmlinx (PTY) Ltd about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
Please be aware that Firmlinx (PTY) Ltd is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.
Customer information includes the following:
- Any records a customer has provided to Firmlinx (PTY) Ltd or a third party acting for or on behalf of Firmlinx (PTY) Ltd;
- Personal records of customers;
- Credit information and other research conducted in respect of customers;
- Any records a third party has provided to Firmlinx (PTY) Ltd about customers;
- Confidential, privileged, contractual and quasi legal records of customers;
- Customer evaluation records;
- Records generated by or within Firmlinx (PTY) Ltd. pertaining to customers, including transactional records.
- Technical records generated by, or within Firmlinx (PTY) Ltd pertaining to customers. Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Firmlinx (PTY) Ltd.
The following records fall under this category:
- Personnel, customer or Firmlinx (PTY) Ltd records which are held by another party as opposed to being held by Firmlinx (PTY) Ltd; and
- Records held by Firmlinx (PTY) Ltd pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
Further records are held including:
- Information relating to Firmlinx (PTY) Ltd own commercial activities; and
- Research carried out on behalf of a client by Firmlinx (PTY) Ltd or commissioned from a third party for a customer;
- Research information belonging to Firmlinx (PTY) Ltd, whether carried out itself or commissioned from a third party