1. Definitions:
1.1 "Affiliate" means, in relation to Holä, any other person directly or indirectly controlling, controlled by or under its common control.
1.2 “Alternative Methods Of Payment (AMOP)” means Alternative methods of payment are means of making a payment other than debit order collections”
1.3 “Bill and/or Billed” means a debit order in accordance with a mandate between a Customer and Holä, to take an agreed amount of money out of the Customer’s bank account every month to pay for Holä service/s until such time as when the Customer cancels their Holä service/s.
1.4 "Customer" means a natural or juristic person who elects to subscribe to Holä Service/s
1.5 "Delivery Fee" means the total amount a Customer is required to pay for the delivery of an order, as indicated from time to time on the Holä Website
1.6 "Privacy Policy" means the privacy policy to be read together with these terms and conditions
1.7 “Push Notifications” means messages (via SMS and email) that will appear on a device that are sent by a publisher of an app at any time whether or not the user has the app open and/or is using the device at the time
1.8 "Holä" means Uya Investment Group (Pty) Ltd including its Affiliates, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2015/333480/07
1.9 "Holä app" means the online application software that is provided by Holä that may be installed or downloaded from an online application store on a compatible device for the purpose of the Service
1.10 "Holä Channel" means the Holä Website and the Holä app/s that provides relevant information about the Service, offers a joining process, and functionality to manage the Service
1.11 "Holä Website" means the website operated by Holä (https:// www.Holä.com)
1.12 "RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
1.13 "Service/s" means the 4G/LTE and 5G data services offered by Holä within the respective Coverage Area of each
1.14 "SIM-Card" has the meaning given in RICA, including both a physical and embedded SIM-Card
1.15 "Smartphone" means a mobile phone that has the ability to open a web- browser, and the web-browser has access to the mobile phones’ camera
1.16 “phone” means “Smartphone” as defined
1.17 “SIM Only” means the use of the customer’s own 4G enabled phone with Holä’s 4G “phone only” products
1.18 “Unlimited data 4G” means uncapped and unshaped access to data at all times, subject to reasonably unavoidable down-time or interruption which is kept to a minimum. Also, stability of our product depends on your location.
1.19 “Tethering” means using your phone as a personal hotspot or a mobile hotspot.
1.20 “Device Identification Data” means non-personal data that identifies a device from which (or to which) electronic communications are sent (or received); may include Internet Protocol IP) address, Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI) number, International Mobile Subscriber Identity (IMSI) number, Serial Number, and Unique Device Identifier (UDID).
1.21 “VPN” means Virtual Private Network, which is software that creates a tunnel between your device and a private server before forwarding traffic on to internet.
1.22 “Payment date” means date on which Holä collects payment from you.
2.1 The terms and conditions set out in this document (" Terms and Conditions for Holä"), apply to the Services provided by Holä and the use of the Holä app.
2.2 Defined and capitalized terms used in these Terms and Conditions for Holä have the meanings given in Part 1 – Definitions. Customers must pay attention to the meanings that have been given to these defined, capitalized terms when reading these Terms and Conditions for Holä.
2.3 Customers acknowledge and understand that access to and use of the Services and Holä Channel is provided in accordance with these Terms and Conditions for Holä.
2.4 By registering for Holä Services, you commit that: you have read and understood these Terms and Conditions, you have accepted these Terms and Conditions as binding, and, you agree to comply with these Terms and Conditions. If you do not agree to or accept these Terms and Conditions, you must not register as a Customer on the Holä Website or subscribe to any Services.
2.5 You acknowledge and understand that the general terms and conditions governing use of the Holä Website (which terms and conditions are accessible at https:/ /www.Holä..com/legal) ("Terms and Conditions for the Use of the Holä Website") form part of these Terms and Conditions.
2.6 You acknowledge and understand that Holä, as provider of the Service, may amend or change these Terms and Conditions from time-to-time. Where Holä changes the Terms and Conditions for Holä, the amended version will be made available on the Holä Website. You agree to check the Holä Website regularly for any amended version of the Terms and Conditions.
2.7 By continuing to use the Holä Services after these Terms and Conditions have been amended, you acknowledge and understand that you have accepted and agreed to the relevant amendments or changes.
3. Your Account and Use of the Services
3.1 If you are making use of the Holä Channel, it is your responsibility to keep your access details (including your username and password) confidential and not allow other people to make use of these details. You accept full responsibility for all activities that take place using your access details as well as responsibility for the sharing of such information with another party.
3.2 Holä will use all reasonable technical and organizational measures to protect the integrity and confidentiality of your information submitted via the Holä Channel.
3.3 Any use of your access details by another person will be regarded as if you were the person using such access details. If you suspect your account has been compromised, you must inform Holä without delay and, on receipt, Holä may deactivate your access details and account. Holä will not be responsible for any losses suffered by you due to the unauthorized use of your account.
3.4 There are certain requirements that you will need to meet when creating a username and/or password. Holä may, from time to time, change these requirements and as such you may be required to update your user-name and/or password.
3.5 The following actions amount to a material breach of these Terms and Conditions for Holä and, if applicable, Holä may, in its sole and absolute discretion, deactivate your account and terminate your use of the Service:
3.5.1 if you sign in as, or falsely act as, another person;
3.5.2 if you circumvent or attempt to circumvent in any way the limit on the number of SIM cards that may be issued to one person;
3.5.3 if you transmit material that violates, or may violate, the intellectual property rights of others or their privacy;
3.5.4 if you use the Service in a way that is intended to cause harm to you or other users of the Service; or
3.5.5 if you use the Service for purpose/s for which it is not intended.
3.6 By using Holä services, you consent to Holä collecting non-personal Device Identification Data from your devices, which may include the device name, system and application versions, regional and language settings, device version, device identification number (IMEI, ESN, MEID and SN), geographic location (such as the ID of the area where your device is located) and service provider network ID (PLMN). If you withdraw your consent to the use of such non- personal information for purposes set out in our Privacy Notice, Holä may not be able to provide you with any Service/s.
3.7 Our 5G network has a high energy / power demand and performance thereof is heavily reliant on availability of power. Therefore, when there’s load shedding our 5G network will be interrupted and go down. Holä shall not be liable to the consumer for failure to perform any obligation due to network interruptions caused by a power service provider, when the failure is beyond Holä’s reasonable back-up control measures.”
4. The full disclosure of all relevant information
4.1 For the purposes of providing the Services to you, Holä requires certain personal and financial information from you. You must ensure that this information is kept up-to-date and accurate.
4.2 You warrant that you have disclosed all required information in full and agree that any transaction between you and Holä may be cancelled by Holä if this requirement is not met.
5. Ordering Services and Devices
5.1. Orders can be placed through the Holä Website or Holä approved retailers
5.2. When placing an order via the Holä Website you will be required to supply a delivery address.
5.3 Holä reserves the right to obtain general credit reference enquiries about you to check the correctness of the information that you furnish. Holä shall also be entitled to provide any information relating to your account and compliance with these terms and conditions to any credit bureau.
5.4 You can cancel the agreement for Services within 7 (seven) days after sign-up without any charge.
6.1 SIM-Cards can be purchased on the Holä Website or through Holä approved retailers.
6.2 SIM-Cards acquired from Holä approved retailers can only be activated online via www.holä.com
6.3 A SIM-Card will be activated, and Services will commence within 24 (twenty-four) hours from the successful completion of the RICA process.
6.4 You are not allowed to in any way hand-over, transfer or otherwise alianate a SIM-Card issued to you to any third party, other than a family member, without the prior written consent of Holä. As per section 40(5) the RICA act, it is your
obligation to provide us with the recipient’s information, as per Section 40(2) of the RICA act, immediately upon the sale or provision of the SIM-card so that Holä may RICA the SIM-card to the recipient. A failure to provide this information is a criminal offence. Holä reserves the right to immediately terminate the Service if you transfer a SIM-Card issued to you without our consent and without providing the required information to us as required by the law.
6.5 Should a SIM-Card issued to you be lost, destroyed or stolen, it is your responsibility to report this to a police official at any police station within a reasonable period. You must also notify Holä of any such loss, destruction or theft so that the SIM-Card can be cancelled and deactivated. You will be held responsibible for any usage of the SIM-card until you have notified Holä of such loss.
6.6 Should you no longer require your SIM-Card, please dispose of it after cancelling the SIM-Card on the self-service dashboard.
7.1 SIM-Cards will be delivered to the address provided by the Customer.
7.2.1 Holä will not be responsible to offer any support to customers for customer’s phone used with SIM Only products on offer from Holä in any capacity.
7.2.2 When using SIM Only Products on offer from Holä, you are responsible for purchasing, insuring, maintaining, servicing and replacing your own phone at your own expense.
7.2.3 Holä will not be responsible for any personal emails, appointments, contact names, or other content lost due to the provision and use of SIM Only Products on offer from Holä.
7.2.4 Holä will not be liable or responsible for any loss or damage whatsoever incurred in connection with or related to the use of SIM Only Products on offer from Holä.
7.2.5 Holä is absolved from any / all claims or actions for the customers’ phone’s loss or damage.
7.2.6 Holä will not be responsible for any fees or charges incurred, resulting from or related to, the provision and use of SIM Only Products on offer from Holä.
8.1 Holä is committed to providing you with PCI compliant, secure online payment facilities and all transactions will be encrypted using the appropriate encryption technology.
8.2 Payment for Services can be made with South African debit- or credit cards as well as Alternate Methods of Payment (AMOP), via Instant EFT, Snap Scan, Zapper and Master pass.
8.3 Payment for Services made by way of Alternate Methods of Payment is subject to the payment service Terms and Conditions and can be found as follows:-
8.3.1 SnapScan
8.3.2 Masterpass
10.3.3. Instant EFT
10.3.4. Zapper
8.4 Should you wish to make Payment for Services by way of a bank card, you will need to enter the details of your bank card when you place an order for Services and/or Devices.
8.5 By placing an order for Services and/or Devices via the Holä Channel, you accept and agree that Holä may use the card details that you provided with your Holä account to collect payment.
8.6 If you wish to make payment by credit card, there may be additional information that is required to authorize or verify payments. In such cases, you accept that
Holä is entitled to withhold delivery of an order until the additional information is received by Holä and authorization have been obtained for the relevant amount/s. You warrant that you are fully authorized to use the credit card supplied . You further warrant that your credit card. has sufficient funds available to cover the total cost/s to be debited from the account.
8.7 Payment will be collected on the selected payment date. Holä has defaulted payment date to the 1st of every month. Changes of a payment date within a bill cycle will only be implemented after the conclusion of that bill cycle, and remain for future payments, unless changed.
8.8 The reference on your card statement for the payment will be to "Holä."
8.9 You have 14 (fourteen) days after the processing of your payment to dispute any transaction.
8.10 For packages with usage based tariffs, you will only be billed for the data that you use. All data usage, subscription charges and other fees are billed at the end of the month (including pro-rated fees, if applicable).
8.11 Customers on unlimited packages, will be provided unlimited data at a flat rate.
8.12 Holä reserves the right at any time to suspend, limit, modify or discontinue your Service (or any part or content thereof) without notice due to non payment of subscription charges and other fees on your account(s).
8.13 Holä reserves the right at any time to collect any/all outstanding amount/s due with respect to your Service (or any part or content thereof) without notice due to non payment of subscription charges and other fees on your account(s).
8.14 For 4G/LTE
8.14.1 You are able to manage your monthly usage and spend by setting your gig limit at the desired value. During the ordering process, there is no default gig limit. It is your responsibility to adjust the gig limit accordingly.
8.14.2 Please ensure that you regularly view your usage by logging in and viewing your dashboard if you are on a metered package and concerned about your spend.
8.14.3 If you reach 100% of your spend limit and choose not to increase it before the next billing date, Holä will suspend your Services.
8.14.4 Your spend limit can be adjusted as and when required on your dashboard via the Holä Channel. Spend limit changes happen in near real time.
9.1 The RICA documents that must be provided are: a valid South African identity document or passport, and a copy of valid proof of address, which is not older than 3 (three) months.
9.2 The RICA registration is mandatory for all SIM-Cards, including any replaced SIM-Cards.
9.3 Holä will only use the information you provide for RICA registration for this purpose.
9.4 Face to Face RICA
9.4.1 Face to face RICA will be carried out for those customers that:
9.4.1.1 do not have a valid South African identity document; and
9.4.1.2 subscribed to the Service via the Holä Channel.
9.4.2 You will be required, upon the delivery of the SIM-Card/s, to provide the courier with your documents in person, to complete the RICA registration as needed for section 40 of RICA.
9.4.3 Should you fail to present yourself for the delivery of the SIM-Card, fail to provide any of the required documents or information, or if Holä is unable to verify the information provided, Holä will not activate the Service.
9.5 RICA Online
9.5.1 RICA Online may be carried out for those customers that:
9.5.1.1 are holders of South African identity documents (smart ID card or green ID book); and
9.5.1.2 make purchases via Holä approved retailers.
9.5.2 Once the process has commenced, the customer has 7 (seven) days to complete it.
10.1 Holä’s 4G/LTE and 5G networks provide a best-effort service, and while Holä endeavours to provide the best experience possible, Holä provides no speed guarantee for either its 4G/LTE and 5G services.
11.1 The Service will only be provided within the Coverage Area.
12.1 To receive Push Notifications, you will be required to agree in the Holä app that these may be sent to your mobile Device. You can opt-out of receiving Push Notifications at any time via the Holä app or by de-installing the Holä app.
12.2 Holä may contact you by telephone, text message, email or Push Notification on the mobile number provided by you or on your behalf in connection with your account and per the Privacy Policy.
13.1 If you need to contact Holä for any reason or if you need to lodge a complaint please send us an email to (ekse@Holä.com).
This section sets out the terms and conditions that apply specifically to the Holä 5G Services (“Specific Terms and Conditions”) and must be read together with the Terms and Conditions for the Holä Services.
14.1 Definitions
14.2.1 The contract period is on a month to month basis.
14.3.1 If you are not satisfied with the unlimited 5G for home package, you may cancel:
14.3.1.1 within one month from delivery of the Device by contacting the Holä to arrange for the return of the Device/s in exchange for a full refund at no charge, provided:
14.3.1.1.1 it is undamaged and unused, with the original labels and stickers still attached;
14.3.1.1.2 it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable); and
1 INTRODUCTION
1.1 This Acceptable and Fair Usage Policy ("Policy") sets forth the principles that govern the use by customers of the Services provided by Holä (Pty) Limited ("Holä"). This Policy is designed to:
1.1.1 help protect our customers and the Internet community from irresponsible, abusive or illegal activities;
1.1.2 ensure the provision of a professional service (Service);
1.1.3 ensure compliance with the relevant laws of the Republic;
1.1.4 Set out what activities and online behaviour are considered an unacceptable use of the Service;
1.1.5 protect the integrity of Holä’s network; and
1.1.6 set out the consequences that may flow from engaging in any prohibited activities.
Holä reserves the right to revise, amend or modify this Policy from time to time, by posting a new version of this document on the Holä website
at https:// www.Holä.com/ (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting and shall supersede any previous versions. Accordingly, customers and users of the Service should regularly visit Holä’s website and review this Policy to ensure that their activities conform to the most recent version of Policy documentation. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. It is the responsibility of all Holä customers ("customer", "you" or "your"), and all others who have access to Holä’s network, to comply with this Policy and all Holä policies. Additionally, it is the responsibility of customers of Holä to secure their computer equipment so that it is not vulnerable to external threats such as viruses, spam and other methods of intrusion. Failure to comply with these or any other Holä policies could result in the suspension or termination of the Service. If you do not agree to comply with all of these policies, including this Policy, you must immediately stop using the Service and notify Holä so that your account may be closed. Holä reserves the right to terminate the Service and the Holä Specific Terms and Conditions immediately if you engage in any of the prohibited activities listed in this Policy, or if you use the Service in any way contrary to any Holä policies.
Prohibited uses include, but are not limited to, using the Service to:
3.1 Undertake or accomplish any illegal or unlawful activity. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, discriminatory, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local or international law, order or regulation;
3.2 Post, store, send, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful,
racially or ethnically offensive or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3.3 Attempt to gain unauthorised access to any other person's computer or computer system, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other hosts, networks or accounts;
3.4 Use or distribute tools designed or used for compromising or circumventing security, such as, but not limited to, password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorised by the destination host and/or network. Unauthorised port scanning, for any reason, is strictly prohibited;
3.5 Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
3.6 Copy, distribute or sublicense any software provided in connection with the Service by Holä or any third party;
3.7 Restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
3.8 Restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Holä (or Holä supplier) host, server, backbone network, base station, node or
service, or otherwise cause a performance degradation to any Holä (or Holä supplier) facilities used to deliver the Service;
3.9 Use the Holä network in a manner that exceeds the then current bandwidth, data storage or other limitations on the Holä Service, or puts an excessive burden on the Holä network;
3.10 Connect multiple computers behind the user terminal to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy;
3.11 Transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;
3.12 Transmit messages that contain threatening, abusive, illegal or libellous material;
3.13 Send numerous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup or chat service;
3.14 Distribute programs that remove locks or time-outs built into software (cracks);
3.15 Initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
3.16 Participate in the collection of e-mail addresses, screen names or other identifiers of others (without their prior consent) – a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
3.17 Collect responses from unsolicited messages;
3.18 Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature or perform any other similar fraudulent activity;
3.19 Service, alter, modify or tamper with the Holä Equipment or Service, or permit any other person, who is not authorised by Holä, to do the same;
3.20 Collect, or attempt to collect, personal information about third parties without consent;
3.21 Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and/or
3.22 Violate the rules, regulations or policies applicable to any network, server, computer database, or website that you access.
You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorised access to the Service by, for example, strictly maintaining the confidentiality of your username and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Holä cautions customers that are enabling file or printer sharing of any sort, unless you do so in strict compliance with all security recommendations and features provided by Holä and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate
5.1 Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through of Holä) and includes, but is not limited to, the infrastructure of Holä itself.
5.2 You may not circumvent user authentication or security of any host, device, network or account (referred to as "cracking" or "hacking"), nor interfere with the service to any user, host, device, or network (referred to as "denial of service
attacks"). The host, device, network or account shall also not be used for any illegal purpose, including phishing.
5.3 If there is a violation of the Holä system or network security is breached, Holä will take civil and criminal action as appropriate.
5.4 Holä reserves the right to investigate incidents involving such violations and will involve and cooperate with law enforcement officials of the South African Police Services or any other law enforcement officials worldwide if a criminal violation is suspected.
5.5 Examples of system or network security violations include, without limitation, the following:
5.5.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network, or to breach security or authentication measures without the express authorisation of Holä;
5.5.2 Unauthorised monitoring of data or traffic on the network or systems without the express authorisation of Holä;
5.5.3 Interference with the service to any user, device, host or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and/or
5.5.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an e-mail or a newsgroup posting.
Holä reserves the right to refuse to transmit or post, and to remove or block, any information or material, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither Holä nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions, as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Holä and its affiliates, suppliers and agents have the right to monitor these transmissions and postings
from time to time for violations of this Policy and to disclose, block or remove them in accordance with the Holä Specific Terms and Conditions and any other applicable agreements and policies.
7.1 The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy. Moreover, unsolicited e-mail may not direct the recipient to any website or other resource that uses the Service.
7.2 Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering or removing electronic mail headers is prohibited. You may not reference Holä or the Holä network (e.g. by including "Organisation: Holä" in the header or by listing an IP address that belongs to Holä or the Holä network) in any unsolicited e-mail, even if that e-mail is not sent through the Holä network or Service. Maintaining of mailing lists by users of Holä is only accepted with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses, or addresses of unwilling recipients, those addresses must be promptly removed. Users may not forward or propagate chain letters nor malicious e-mail. Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as protection for both themselves and the Internet at large. Mail servers that are not secured against public relay often become abused by unscrupulous operators for spam delivery, and upon detection such delivery must be disallowed. Holä reserves the right to examine users’ mail servers to confirm that their server is not a public relay, and the results of such checks can be made available to the user. Holä also reserves the right to examine the mail servers of any users using Holä mail servers for "smart hosting", content filtering or similar services, at any time, to ensure that the servers are properly secured against public relay. All relay checks will be
carried out strictly in accordance with Holä’s Privacy Policy. Holä is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted or stored temporarily at Holä's sole discretion. In the event that Holä believes in its sole discretion that any Customer name, account name or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Holä reserves the right to block access to and prevent the use of any such identifier and may at any time require any customer to change his or her identifier.
7.3 In addition, Holä may at any time reserve any identifiers on the Service for Holä’s own purposes.
8.1 Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions ("FAQs") for those newsgroups, as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Holä reserves the right to discontinue access to any newsgroup at any time for any reason.
8.2 You acknowledge that excessive cross-posting (i.e. posting the same article to a large number of newsgroups), posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) and related unwanted communication in this platform are all forbidden.
You alone are responsible for the contents of your instant messages and the consequences of any instant messages. Holä assumes no responsibility for the timeliness, non-delivery, deletion or failure to store instant messages.
10.1 You must comply with all current bandwidth, data storage and other limitations on the Service established by Holä and its suppliers. In addition, you may only
access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the Service with a static IP address or using any protocol other than DHCP, unless you are subject to a Service plan that expressly permits otherwise. You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit or degrade any other user's use of the Service, nor represent (in the sole judgment of Holä) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Holä's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services. Notwithstanding that you can potentially use multiple devices, you acknowledge that Holä’s services have a limit on capacity, determined by the maximum possible download capacity of a single device.
10.2 Holä’s 5G network is configured to prioritize downlink speeds, and so it is expected that uplink speeds will be slower than downlink speeds however these will be suitable for consumer broadband service.
10.3 Holä will limit or prioritize certain services to differentiate between different products and create specific features. These characteristics are described in the product features.
11.1 You acknowledge that Holä is unable to exercise control over the data passing over the infrastructure and the Internet, including, but not limited to, any websites, electronic mail transmissions, newsgroups or other material created or accessible over its infrastructure. Therefore, Holä is not responsible for data transmitted over its infrastructure, but may terminate the Services:
11.1.1 Where Holä infrastructure may be used to link into other networks worldwide/locally and you agree to conform to the terms and conditions of their acceptable user policies (AUP) of these networks;
11.1.2 Where you obtain and download any materials marked as available for download off the Internet, but is not permitted/restricted to use their
Internet access to distribute/copy any copyrighted materials unless permission for such distribution/copy is granted to you by the legal owner of the materials, Holä may terminate the Service immediately and without any penalty or liability; and/or
11.1.3 Where you are prohibited from obtaining, disseminating or facilitating, over the Holä network, any unlawful materials, including, but not limited to:
11.1.3.1 copying or dealing in intellectual property without authorisation;
11.1.3.2 child pornography; and/or
11.1.3.3 any unlawful hate-speech materials
Holä may terminate the Service immediately without any penalty and/or liability.
11.1.4 Where Holä needs to ensure that all Customers have fair and equal use of the Services offered by Holä and to protect the integrity of its network, Holä reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof. The action that Holä may take includes, but is not limited to:
11.1.4.1 limiting throughput;
11.1.4.2 preventing or limiting service through specific ports or communication protocols; and/or
11.1.4.3 automatically throttling all 4G/LTE and 5G data traffic that directs towards peer-to-peer sites or uses torrent applications between 05:00 and 23:00.
11.1.4.4 complete termination of service to Customers who grossly abuse the network through improper or excessive usage.
11.1.5 This Policy applies to and will be enforced for intended and unintended (e.g. viruses, worms, malicious code or otherwise unknown causes) prohibited usage. Where online activity will be subject to the available bandwidth, data storage and other limitations of the Services provided,
Holä shall, from time to time, revise its policy at its own discretion and provide notice to the Customers.
12.1 Holä is committed to complying with South Africa’s copyright and related laws and requires all Customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted in terms of South African copyright law.
12.2 Copyright owners may report alleged infringements of their works that are stored on the Service by sending Holä's authorised agent a notification of claimed infringement. Upon Holä's receipt of a satisfactory notice of claimed infringement for these works, Holä will respond expeditiously by either directly or indirectly (i) removing the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disabling access to the work(s).
12.3 Holä will also notify the affected Customer or user of the Service of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Holä. Upon Holä's receipt of a counter-notification, Holä will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement. In all events, you expressly agree that Holä will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
13.1 You must ensure that when children access the Internet Services they do not access websites that have illegal content, including, but not limited to, pornographic content and gambling.
13.2 You also guarantee that you will lock the Internet Services with a password to prevent unmonitored access.
14.1 Holä does not routinely monitor the activity of Service accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Holä has no obligation to monitor the Service and/or the network, Holä and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Holä Customers. Holä prefers to advise Customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that Holä or its suppliers, in their sole discretion, believe violates this Policy, Holä or its suppliers may take any responsive actions they deem appropriate.
14.2 These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service. Neither Holä nor its affiliates, suppliers or agents will have any liability for any of the responsive actions. These actions are not Holä's exclusive remedies and Holä may take any other legal, technical or financial action it deems appropriate.
14.3 Holä reserves the right to investigate suspected violations of this Policy, including the gathering of information from the Customer/s involved and the complaining party, if any, and examination of material on Holä's servers and network. During an investigation, if Holä decides to investigate, it may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorise Holä and its suppliers to cooperate with law enforcement authorities in the investigation of any suspected legal violations in order to enforce this Policy. This cooperation may include Holä providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, Customer name, physical address and other account information. Upon termination of your account, Holä is authorised to delete any files, programs, data and e-mail messages associated with your account. The failure of Holä or
its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold Holä and its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from you engaging in any of the prohibited activities listed in this Policy, or resulting from your violation of the Policy or of any other posted Holä policy related to the Service. Your indemnification will survive any termination of the Holä Specific Terms and Conditions.
14.4 Holä reserves the right, at its sole discretion, to take action against other types of abuse not listed herein and to investigate or prevent illegal activities being committed over Holä’s network.
15.1 Holä will have no obligation to provide services that are outside the scope of Holä’s intended service or product design, including but not limited to problems caused, directly or indirectly, by misapplication, the use of intermediary software like VPN’s, the abuse or use of Holä’s service or product offerings other than as is specified in the applicable service or product documentation or advertisement.
15.2 If Holä determines, at its sole discretion, that a service or product offering is being used outside the scope of the intended service or product design, Holä reserves the right to act against you, including but not limited to, throttling, or terminating your service.
15.3 Holä shall have no liability to you for any problem which results from you using Holä’s service or product offering outside the scope of the intended service or product design, or any problem that you advise, or are deemed to have advised Holä of in respect thereof.
15.4 VPN policies are designed to align with the streaming policy per product(s) so as to ensure that that they are used in the intended manner to which the product(s) are designed.
16.1 If you suspect that you have been the victim of activities that are in violation of the Policy or the Holä Specific Terms and Conditions, the Holä network abuse department will take appropriate action to investigate and attempt to resolve the alleged violation. If you feel that you have been a victim of Internet abuse that took place in part or completely on the Holä network, please report the incident to ekse@Holä.com. If available, please provide the following information:
15.1.1 the date and time of the alleged violation, including the time zone or offset from GMT; and
15.1.2 any evidence of the alleged violation.
16.2 Emails with full header information provide all of the above, as do syslog files. Different situations will require different methods of providing the above information.
17.1 In the case of individual Customers, Holä can/will suspend the user’s account and withdraw all the user’s network access privileges completely; institute legal charges against the offending parties for administrative costs as well as for machine and human time lost due to the incident.
17.2 Where it is deemed that the cases are severe, Holä will suspend the access of the Customer’s entire network until abuse can be prevented by appropriate means; take the action deemed appropriate that may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code; implement appropriate technical mechanisms and other processes in order to prevent usage patterns that may violate this Policy; share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
17.3 Any one or more of the steps listed above, in so far as they are deemed necessary by Holä in its sole discretion, may be taken by Holä against the offending party.
1 Notwithstanding any other terms and conditions, Holä shall not be liable to you or any person for any incurred losses, damage, cost and expense of any nature which in any way may be suffered or incurred by you or by any other person in respect of or in connection with any of Holä’s service or product offerings.
2 Holä shall not be liable if unable to perform any obligations, directly or indirectly, due to the failure of any machine or communication system, any dispute, war, Act of God or anything outside Holä’s control.
3 Without prejudice to the generality of the foregoing, you shall not hold Holä responsible or liable for any loss or damage suffered by you or any person should your account have been terminated for any reason and you shall pay, upon Holä’s demand made at any time, the full amount due or outstanding.
4 Holä will not be liable for any loss or damage, accidental or otherwise, suffered or incurred by you howsoever or whatsoever arising from or in connection with:
4.1 any of Holä service or product offerings; or
4.2 any failure to follow prevailing instructions, procedures, form and directions mandated by Holä in these terms and conditions; or
4.3 any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in third party equipment, software, hardware, Internet, Internet browsers, online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system; or
4.4 any failure, suspension, cessation, delay, interruption, disruption, errors, defects or fault in the transmission of any communication to Holä or authorizations or acknowledgements from Holä or any wrongful interception of any communication through any online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system whether or not owned, operated or maintained by you, Holä or any other person, beyond Holä’s reasonable control; or
4.5 any device installation carried out by Holä, Holä’s employees, Holä’s Representatives and/or Agents whilst on location at your Premises and you indemnify them accordingly; or
4.6 any delay or refusal by Holä, in exercising reasonable discretion, to execute any communication that may be validly given by you or authenticated by you including reasons due to applicable law; or
4.7 any capacity inadequacies, connection speeds, network coverage, network availability, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks, and hacking incidents; or
4.8 any corruption or loss of any data or communication stored in any equipment or in the course of transmission thereof through online networks, Internet service providers, telecommunication service providers or other service providers, telecommunication, computer or other electronic equipment or system including any errors generated in the transmission of any communication beyond Holä’s reasonable control; or
4.9 Holä’s failure to acknowledge any communication sent by you to Holä; or
4.10 any communication which are unauthorised, conflict with or inconsistent with any prior communication given by you to Holä or given in error, forged, fraudulent, lack clarity or reasonably capable of being misunderstood, garbled, inaccurate or incomplete; or
4.11 your provision of wrong or inaccurate email address or contact details or personal details or banking details to Holä or your failure to update Holä of any change or proposed change in your email address or contact details or personal details or banking details; or
4.12 your failure to regularly check your email or any other means of receiving communications from Holä for correspondence from Holä.
1. Offers and Promotions by Holä are subject to change.
1.1 The subject matter of any advertised offers or promotions are the Service(s) as offered in the service description at the time the Service(s) is offered or on promotion.
1.2 Holä reserves the right to make technical changes to Holä’s Service(s) and improvements to the advertised offers within a reasonable scope.
1.3 Holä reserves the right to modify its Service(s) where reasonably required, without notice and may from time to time expand on these Terms and Conditions in Promotional Terms and Conditions.
1.4 Holä reserves the right to modify, cancel and limit any promotion or offer. We reserve the right to refuse providing offers and/or promotions to particular individuals or organisations at our discretion.
1.5 No warranties or guarantees are made.
1.6 Should you opt-in to any offers, promotions and/or service offerings, communicated to you from time to time, you accept and will be bound to the Terms and Conditions of such offers, promotions and/or service offerings which you opt-in to.
1. A VPN protocol is a set of rules or instructions that will determine how your data routes between your device and the VPN server. VPN providers rely on protocols to ensure a stable and secure connection.
1.1 Holä reserves the right the determine which VPN protocols are supported by Holä’s Service(s) in terms of Holä’s Service(s) and/or Products.
1.2 In terms of Holä’s Acceptable Use Policy, Holä reserves the right to terminate VPN services immediately and at Holä’s sole dicretion.
1.3 Holä reserves the right to throttle or rate limit your service should you use or implement a VPN service.
