Terms and Conditions

  • TERMS & CONDITIONS

    • By visiting this site, the client agrees to the terms and conditions on this page and any laws or regulations that may apply. By using The Town Square product, the client agrees to the terms and conditions hereunder.
    • This site, The Town Square email addresses, telephone number (s), fax number (s), and address (es) provide a means to contact The Town Square for enquiries, purchasing product/s and for limited support. The Town Square does not solicit, invite or suggest in any way that the client provides any information to The Town Square, which information the client considers proprietary or confidential.
    • The client's personal information is collected for sales and support purposes only. Except as required by law, The Town Square will not share this information with any third party for any purpose other than as specifically stated at the time The Town Square request the information.
    • The client's personal information is collected for sales and support purposes only. Except as required by law, The Town Square will not share this information with any third party for any purpose other than as specifically stated at the time The Town Square request the information.
    • Should a problem arise from any of The Town Square services, the client shall notify The Town Square immediately to enable The Town Square to expedite the repair of that problem as soon as possible. In this regard The Town Square shall use its best endeavors to repair the problem.
    • The Town Square shall not be liable for any loss of data incurred by the client as a result of the rendering of any services by The Town Square.

  • DOMAIN SERVICES TERMS & CONDITIONS

    • The Town Square shall in accordance with the client's instructions and at such charge as shall be specified procure the registration and/or forwarding of a domain name for the client.
    • The client acknowledges that the registration, transfer, modification and/or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that The Town Square cannot guarantee the registration of the domain selected by the client.
    • The client hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that by using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds The Town Square free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.
    • Domain renewal invoices will be sent out 3 months in advance, allowing enough time for the renewal of the domain as all domains are suspended on the renewal/expiry date. This in turn will affect all services associated with that domain.
    • .CO.ZA Domain Grace Period: This comes in to effect one day after the expiry date. An updated invoice including the grace fee of R15.00 will be re-issued.
    • All other domain extensions: An updated invoice including the redemption fee will be re-issued. (Please note redemption fees vary between Registrars and fees are calculated on the daily exchange rate).
    • All other domain extensions: An updated invoice including the redemption fee will be re-issued. (Please note redemption fees vary between Registrars and fees are calculated on the daily exchange rate).
    • The client acknowledges that The Town Square shall not attend to the registration of a domain name without payment in full being received. Domain prices are subject to current exchange rates and prices will be adjusted accordingly.

  • WEB SITE HOSTING TERMS & CONDITIONS

    • The Town Square shall, in accordance with the client's instructions and at such charge as shall be specified to:

    • host the client's web site;
    • permit users of the Internet access to the web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as specified;
    • take such steps as The Town Square regards as reasonable to secure the client's web site from unauthorized access;
    • provide the client with statistics at an additional charge, available via Monthly / Live Stats for information purposes only. The client acknowledges that the statistics provided by The Town Square will be as accurate as possible and indemnifies and hold The Town Square liable against any damages it may suffer as a result of relying on such statistics;
    • The Town Square shall not be liable for any illegal software or licenses utilized by the client,
    • The Town Square will terminate web hosting services on instruction from the client so long as this instruction is provided in writing with one calendar months notice. The Town Square reserves the right to delete any website as per clients cancellation instruction by email.
    • The Town Square assumes no responsibility for the loss of any website. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. (Please note: It is advisable to backup your website offsite to avoid the loss of contents of the website)

  • DISCLAIMER FOR LIABILITY

    • The Town Square website, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied. The Town Square makes no warranties that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will The Town Square be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of The Town Square website.
    • The client shall have no claim against The Town Square and the client hereby indemnifies and holds The Town Square free from liability in respect of any loss or damage:
      • caused by or arising from any fact or circumstances beyond the reasonable control of The Town Square; or
      • any downtime, outage, interruption in or unavailability of the server or The Town Square network as a result of or attributable to any of the following causes:
        • software services, repairs, maintenance, upgrades, modification, alterations or replacement;
        • system downtime for any reason. Including but not limited to: service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modification, alterations, replacement or a relocation of premises;
        • the damage, contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned;
        • any inaccuracies in the statistics given to the client;
        • any inaccuracies in the statistics given to the client;
        • the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or The Town Square network is connected;
        • any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity) by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
        • any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity) by any person whomsoever arising from the hosting of the client's web site in terms of this agreement;
        • any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
    • The Town Square reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of The Town Square network and the client undertakes that it will not do or permit anything to be done which will compromise the security of The Town Square network.

  • APPLICABLE LAW AND JURISDICTION

    • This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of the agreement, shall be governed by South Africa law.

  • GENERAL

    • All The Town Square services are contract free and on a month-to-month basis.
    • All cancellations of The Town Square services are as per clients reasonable request.
    • A discount as determined by The Town Square applies to some services on payment for the year.
    • Methods of payment are by credit card, debit order, instant EFT (SID), direct deposits and electronic funds transfer on request.
    • All debit orders will be cancelled immediately upon request.

  • GENERAL PROVISIONS

    • No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
    • This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties other than in terms of clause 7.4 below.
    • No party shall be bound by any express or implied terms, representation, warranty or the like which is not recorded in this agreement.
    • These terms and conditions may change from time to time.

  • FEES AND PAYMENT

    • The Client shall pay The Town Square such fees as are published on its website from time to time.
    • The Client shall be obliged and hereby undertakes to pay to The Town Square on presentation of an invoice reflecting amounts payable by the client.
    • No service will be installed by The Town Square service until payment as specified in clause 8.2 has been made in full
    • The Town Square shall have the discretion to suspend a service until payment as specified in clause 8.2 has been made in full.
    • The Town Square reserves the right to deny issue of any service if there is suspected fraud or otherwise illegal activity derived from the application for service or usage of a particular service
    • The Town Square indemnifies itself for the non-allocation of payment when the incorrect reference is used (Client account number CIDxxxx or invoice number is to be used).

  • CANCELLATIONS

    • Cancellation, by the Client or The Town Square, will result in any data being permanently removed from The Town Square servers.
    • Clients are solely responsible for ensuring that backups are made of web content, or any other data stored on their hosting space. The Town Square will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired.
    • Any backups made by The Town Square will be made for legal purposes and not for data retention purposes.

Privacy Policy

The Town Square Privacy Policy

Introduction

  • Thank you for taking the time to review our Privacy Policy. At times, The Town Square will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. [see Important Note below]. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non- identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system
  • The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

Confidentiality

The Town Square respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.

Collection of Personal Data

The Town Square collects personal data about from users only when you visit our website and apply for a service subscription.

Use of Personal Data

  • The Town Square may use your personal information to contact you about promotional offers; advise you of matters relevant to service provision, invoices and in some cases, solicit your feedback.
  • The Town Square may collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.
  • Any information The Town Square collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within The Town Square or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)

Any information that customers disclose in a public space, including on any bulletin board, chat room or any site The Town Square may host for you, is available to anyone else who visits that space. The Town Square cannot safeguard any information you disclose there.

Site Linking

The Town Square website contains many links to sites that belong to third parties unrelated to us. The Town Square cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. The Town Square cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit.

Minors

The Town Square will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Company undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.

Reservation of Rights

The Town Square reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.

Important Note:

There are two main types of personal information: Identifiable personal data, and Non-identifiable personal data

  • Identifiable data generally includes a customers name, address, telephone numbers; gender; IP address; billing information (such as a credit card number) etc.
  • Non-identifiable data generally includes: a postal code; the date and time sites are accessed (if you gather this); pages visited;(usually done to monitor demand and improve usefulness of the site); the type of browser being used; the operating system and the type of personal computer being used to access the services.

In terms of the Regulation of Interception of Communications and Provision of Communications-Related Information Act, 2002, all telecoms service providers, including ISPs are obliged to obtain and keep certain identifiable personal data of customers when entering into service contracts. This includes in addition to the above, in the case of a person: ID number; residential and business addresses; and a certified copy of the customers ID document. In the case of a company: all of the above as well as the companys registration number; and a certified copy of the customers business letterhead. While this expansive interpretation of personal information might be seen as overly cautious, we advise you to identify or define all these requirements as personal information.

PROMOTION OF ACCESS TO INFORMATION ACT

PROMOTION OF ACCESS TO INFORMATION ACT

Section 51 Manual

For The Town Square

Introduction

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.

THE TOWN SQUARE - OVERVIEW

The Town Square provides Website Hosting Services to its customers, in both the corporate and home market. Some of these services include, but are not limited to, hosting, website design, domain name registration.

The Town Square 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.

AVAILABILITY OF THIS MANUAL

A copy of this Manual is available by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from the South African Human Rights Commission ("SAHRC") at the addresses set out below. This Manual will be updated from time to time, as and when required.

HOW TO REQUEST ACCESS TO RECORDS HELD BY THE TOWN SQUARE

Requests for access to records held by The Town Square must be made on the request form that is available on our website, from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). Note that requests need not be accompanied by payment BUT will only be processed upon payment of the prescribed fees. Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below. The requester must provide sufficient detail on the request form to enable the Information Officer 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 particulars 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 the Information Officer of The Town Square The standard form that must be used for the making of requests is attached as annexure 1. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed.

Kindly note that all requests to The Town Square 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 The Town Square does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

CONTACT DETAILS

  • Name of Private Body: The Town Square
  • Designated Information Officer: Bradley Wickens
  • Email address of Information Officer: admin@thetownsqaure.co.za
  • Street address: 47 Rockdale Ave, Berea West, Westville, Durban 3629
  • Phone number: 083 859 8952

HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT

  • The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to:
  • The South African Human Rights Commission: PAIA Unit
  • The Research and Documentation Department
  • Postal address: Private Bag 2700
  • Houghton
  • 2041
  • Telephone: +27 11 484-8300
  • Fax: +27 11 484-0582
  • Website: www.sahrc.org.za
  • E-mail: paia@sahrc.org.za

VOLUNTARY DISCLOSURE

The Town Square has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to The Town Square and its services is freely available on The Town Square website. Certain other information relating to The Town Square 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, which includes but is not limited to:
  • 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.
  • Financial Intelligence Centre Act - Act 38 of 2001
  • 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 THE TOWN SQUARE

The Town Square 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.

Internal Records

  • Memorandum and Articles of Association
  • Financial records
  • Operational records
  • Intellectual property
  • Marketing records
  • Internal correspondence
  • Product records
  • Statutory records
  • Internal policies and procedures

Personnel records

Personnel refers to any person who works for or provides services to or on behalf of The Town Square and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of The Town Square. 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 The Town Square by their personnel;
  • Any records a third party has provided to The Town Square 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.

Customer records

Please be aware that The Town Square 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 The Town Square or a third party acting for or on behalf of The Town Square;
  • Contractual information;
  • Customer needs assessments;
  • Personal records of customers;
  • Credit information and other research conducted in respect of customers;
  • Any records a third party has provided to The Town Square about customers;
  • Confidential, privileged, contractual and quasi-legal records of customers;
  • Customer evaluation records;
  • Customer profiling;
  • Performance research conducted on behalf of customers or about customers;
  • Any records a third party has provided to The Town Square either directly or indirectly; and
  • Records generated by or within The Town Square pertaining to customers, including transactional records.

Technical records

Technical records generated by, or within The Town Square 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 The Town Square. The following records fall under this category:

  • Personnel, customer or The Town Square records which are held by another party as opposed to being held by The Town Square; and
  • Records held by The Town Square 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.

Other Records

Further records are held including:-

  • Information relating to The Town Square own commercial activities; and
  • Research carried out on behalf of a client by The Town Square or commissioned from a third party for a customer;
  • Research information belonging to The Town Square, whether carried out itself or commissioned from a third party.

Protection of Personal Information Act (POPI)

CLIENT PRIVACY NOTICE

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act ("POPIA").

At The Town Square (and including this website) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

About the Company

The Town Square is a Website Hosting service provider supplying website hosting. Our staff are committed to providing innovative solutions for our clients across a specific range of services and locations. In order for us to continue to provide such solutions, we collect and use personal information.

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose we will collect contact details including your name and organisation to communicate with you for billing and support purposes. We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional. Website usage information may be collected using "cookies" which allows us to collect standard internet visitor usage information.

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal purposes.

For example:

  • To gather contact information;
  • To confirm and verify your identity or to verify that you are an authorised user for security purposes;
  • For the detection and prevention of fraud, crime, money laundering or other malpractice;
  • For audit and record keeping purposes;
  • In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of third party products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

  • Where we have a duty or a right to disclose in terms of law or industry codes;
  • Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

  • Physical security;
  • Computer and network security;
  • Access to personal information;
  • Secure communications;
  • Security in contracting out activities or functions;
  • Retention and disposal of information;
  • Acceptable usage of personal information;
  • Governance and regulatory issues;
  • Monitoring access and usage of private information;
  • Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate

Definition of personal information

According to the Act "personal information" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.

Further to the POPI Act, The Town Square also includes the following items as personal information:

  • All addresses including residential, postal and email addresses.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.

The Town Square will take all reasonable steps to ensure that information that is sensitive, private or confidential is protected from unauthorised use or disclosure. If we have information that is no longer needed, The Town Square will take reasonable steps to remove the information from our servers.