Complaints Procedure and Take-Down Notice

1. GENERAL COMPLAINTS PROCEDURE

• This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
• If you have a complaint, you should direct a formal complaint to complaints@inovi.co.za.
• The complaint is required to be accompanied by the following:
  • your full particulars and contact details.
  • your relationship with us, together with any customer reference numbers or details which may be applicable.
  • a statement of the reasons for the complaint, with enough detail and
  • any relevant evidence or documentation you wish to submit in support of the complaint

 

2. We undertake to:

• Acknowledge receipt of the complaint immediately and allocate a reference number: and
• Determine an outcome for the complaint and communicate this to you in writing within 48 hours of receipt of the complaint.

 

3. BILLING DISPUTES PROCEDURE

• Billing enquiries should be directed to: accounts@inovi.co.za
• You expressly acknowledge and agree that:
  • Any charge recorded on an invoice which is not submitted in accordance with this procedure is payable in full to us by the due date of that invoice.
  • An amount that is not in dispute (Undisputed Amount) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (Disputed Amount).

 

• The billing disputes procedure is only triggered when we receive a billing dispute, and it is only after this that you may withhold payments of the Disputed Amount; and

 

• Billing enquiries and requests for information are not considered to be billing disputes and do not trigger this billing disputes procedure. Billing enquiries should be directed to accounts@inovi.co.za.

 

• We will not entertain any billing dispute based on unauthorized use of the services or on unauthorized use of the services by a third party, as it is your responsibility to safeguard access to the services.

 

• You agree to allow us seven business days to attempt settlement of any billing dispute before raising a dispute with any third party.

 

 

4. WITHHOLDING THE DISPUTED AMOUNT
   • You may only withhold payment of a Disputed Amount where we receive a valid billing dispute notice at least 7 (seven) business days prior to the due date on the relevant invoice.

 

5. INITIATING BILLING DISPUTES
   • A billing dispute notice may be lodged within 7 (seven) days from the date of the relevant invoice.
   • You should direct a billing dispute notice to account@inovi.co.za
   • The billing dispute notice must be accompanied by the following:
     • Your full particulars and contact details.
     • Your relationship with us, together with any customer reference numbers or details which may be applicable.
     • Invoice number and date.
     • The Disputed Amount.
     • The Undisputed Amount.
     • A statement of the reasons for the billing dispute, with enough detail to allow us to assess these; and
     • Any relevant evidence or documentation you may wish to submit in support of the billing dispute.

 

6. RESPONSE TO BILLING DISPUTE NOTICE
   • We will acknowledge receipt of the billing dispute notice immediately and allocate a reference number.
   • We will respond with our determination to the billing dispute notice within 4 (four) business days following receipt of the billing dispute notice.
   • We may request additional information or documentation from you. You must provide such information or documentation as soon as possible, and the running of the 4(four) business day period will be suspended until the requested information or documentation has been received by us.
   • We will assess the billing dispute and send its response (and reasons for such determination) to you.

 

7. TAKE-DOWN NOTICES
   • The procedure in respect of take-down notifications is laid out in section 77 of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECT Act”).
   • The essence of the procedure is that a complainant who believes that an ISP is providing services which infringe his or her rights may issue a notification to the ISP or its designated agent, requesting that such services be terminated.
   • Under section 77 of the ECT Act a take-down notice must contain the following information:
     • The full names and address of the complainant.
     • The written or electronic signature of the complainant.
     • Identification of the right that has allegedly been infringed.
     • Identification of the material or activity that is claimed to be the subject of unlawful activity.
     • the remedial action required to be taken by the service provider in respect of the complaint.
     • Telephonic and electronic contact details, if any, of the complainant.
     • A statement that the complainant is acting in good faith; and
     • A statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
   • The service provider will take such steps as are available to alert any affected user of the receipt of a takedown notice but is under no obligation to do so.
   • Users acknowledge and agree that they will co-operate fully with the service provider where it is required by a validly issued take down notice to remove content or disable access to content.

 

• Users are encouraged to voluntarily remove any content which is the subject of a take-down notice.