Code of Conduct

 

A. Freedom of expression

1. Link-Up Wireless respects the constitutional right to freedom of speech and expression.

B. Privacy and confidentiality

1. Link-Up Wireless respects the constitutional right of Internet users to personal privacy and privacy of communications.

2. Link-Up Wireless respects the confidentiality of customers’ personal information and electronic communications, and does not gather, retain, sell or distribute such information to any other party without the written consent of the customer, except where required to do so by law.

C. Consumer protection and provision of information to customers

1. Link-Up Wireless provides the following information on their web sites: their registered name, email address, telephone numbers and physical address.

2. Link-Up Wireless has a website that contains their Code of Conduct, complaints and disciplinary procedure.

3. Link-Up Wireless has an Acceptable Use Policy (AUP) for their Internet access services. This policy is made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request.

4. In their dealings with consumers, other businesses, Link-Up Wireless acts fairly, reasonably, professionally and in good faith. In particular, pricing information for services are clearly and accurately conveyed to customers and potential customers.

5. Link-Up Wireless comply with all compulsory advertising standards and regulations.

D. Standard terms and conditions

1. Link-Up Wireless provides access to their standard terms and conditions on their web sites. These terms and conditions are be available to any potential customer prior to the commencement of any contract.

2. Standard terms and conditions contain:

   • All information and terms relevant to the relationship with the recipient of the service;

   • a requirement that the customer will not knowingly create, store or disseminate any illegal content;

   • a commitment to lawful conduct in the use of the services, including copyright and intellectual property rights; and

   • an undertaking not to send or promote the sending of spam.

3. Standard terms and conditions gives Link-up Wireless the right to remove any content hosted by a customer which it considers illegal or for which it has received a take-down notice.

4. Standard terms and conditions Link-up Wireless the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

E. Unsolicited communications (“spam”)

1. Link-Up Wireless does not send or promote the sending of unsolicited bulk email and does take reasonable measures to ensure that their networks are not used by others for this purpose. Link-Up Wireless does also comply with the provisions of section 45(1) of the ECT Act, and does not send or promote the sending of unsolicited commercial communications that do not comply with the provisions of section 45(1) of the ECT Act.

2. Link-Up Wireless provides a facility for dealing with complaints regarding unsolicited bulk email and unsolicited commercial communications that do not comply with the provisions of section 45(1) of the ECT Act originating from their networks and does react expeditiously to complaints received.

F. Cyber crime

1. Link-Up Wireless takes all reasonable measures to prevent unauthorised access to, interception of, or interference with any data on that their network and under their control.

G. Protection of minors

1. Link-Up Wireless takes reasonable steps to ensure that they do not offer paid content subscription services to minors without written permission from a parent or guardian.

2. Link-Up Wireless provides Internet access customers with information about procedures and software applications which can be used to assist in the control and monitoring of minors’ access to Internet content. This requirement does not apply to corporate customers where no minors have Internet access.

H. Lawful conduct

1. Link-Up Wireless conduct themselves lawfully at all times and co-operate with law enforcement authorities where there is a legal obligation to do so.

2. Link-Up Wireless respects intellectual property rights and not knowingly infringe such rights.

3. Link-Up Wireless uphold and abide by this Code of Conduct and adhere to the associated complaints and disciplinary procedures.

I. Unlawful content and activity

1. There is no general obligation on Link-up Wireless to monitor services provided to customers, but a Link-up Wireless is obliged to take appropriate action where it becomes aware of any unlawful content or conduct.

2. Link-Up Wireless does not knowingly host or provide links to unlawful content, except when required to do so by law.

3. If Link-up Wireless becomes aware of conduct or content which has been determined to be illegal, it does suspend or terminate the relevant customer’s service and report the conduct or content to the relevant law enforcement authority.

J. Internet standards

1. Link-Up Wireless operate with regard for established Internet best practices.

K. Compliance with the Code of Conduct

1. Link-Up Wireless receives and investigates complaints made in accordance with this Code of Conduct, unless such complaints are frivolous, unreasonable, vexatious or in bad faith.

2. Link-Up Wireless makes all reasonable efforts to resolve complaints in accordance with the complaints procedure.

L. Alterations

1. Link-Up Wireless reserves the right to make alterations to this Code of Conduct from time to time. Such amendments are binding on all Link-Up Wireless customers. The current Code of Conduct will be maintained on www.linkupwireless.co.za web site.