Take-down notice procedure

1. About this procedure

1. 1.1

   NewHost (Global Software Services (Pty) Ltd) hosts websites, applications, e-mail and files for its customers. We do not create or check that content, and our customers are responsible for it (see our Terms of Service and Acceptable Use Policy).

2. 1.2

   If you believe content hosted on our platform is unlawful or infringes your rights (for example your copyright, trade mark or privacy, or it is defamatory of you), you can ask us to remove it by sending a take-down notification under section 77 of the Electronic Communications and Transactions Act, 2002 (ECTA). This page explains what the notice must contain and what happens next.

3. 1.3

   For abuse that does not concern your own rights, such as spam, phishing or malware, a short report is enough: see Reporting abuse. Child sexual abuse material is removed and reported to the authorities as soon as we know about it, without waiting for a formal notice.

2. What your notice must contain

Section 77(1) of ECTA requires a take-down notification to be in writing, addressed to us, and to include:

1. 2.1

   your full name and address (or, for a company or organisation, its name, address and the name of the person sending the notice for it);

2. 2.2

   your written or electronic signature;

3. 2.3

   identification of the right that you say has been infringed (for example the copyright work, registered trade mark, or the personal right concerned);

4. 2.4

   identification of the material or activity you say is unlawful, precise enough for us to find it: the full URL(s), the domain, the e-mail address or the IP address, and, where relevant, screenshots;

5. 2.5

   the remedial action you want us to take (for example removing a page or disabling access to a file);

6. 2.6

   your telephone number and e-mail address;

7. 2.7

   a statement that you are acting in good faith; and

8. 2.8

   a statement that the information in the notice is, to your knowledge, true and correct.

If you act for someone else (for example as an attorney or agent), say whom you represent and confirm that you are authorised to act for them. A notice that does not contain this information may be returned to you for completion before we act on it.

3. Where to send it

1. 3.1

   E-mail your notice to use our contact form with "Take-down notice" in the subject line. This is the quickest route.

2. 3.2

   You may also deliver it to our physical address: Global Software Services (Pty) Ltd, 7 Kromiet Avenue, Waldrift, Vereeniging, 1939, Gauteng, South Africa, marked for the attention of the take-down desk.

3. 3.3

   Please don't send take-down notices through support tickets or the contact form: they may not reach the right people as quickly.

4. How we handle a notice

1. 4.1

   Acknowledgement. We confirm receipt and check that the notice is complete. If information is missing, we tell you what is needed.

2. 4.2

   Assessment. We check that the content is hosted on our platform and identify the customer responsible. If the content is not on our platform (for example the domain only points elsewhere), we tell you, and where we know it, who the host is.

3. 4.3

   Action. Where the notice is complete and the content appears to be unlawful or infringing, we remove or disable access to the specific material identified, as narrowly as practical (normally the page, file or mailbox concerned rather than the whole service). Where removal would cause serious harm to the customer or third parties and the unlawfulness is not apparent, we may first ask the customer to respond within a short period.

4. 4.4

   Notifying the customer. We send the customer a copy of the notice (including the complainant's name and contact details, so that the parties can resolve the matter directly) and tell them what we did and why. If you have a reason to ask us not to share your details, say so in the notice and we will consider it.

5. 4.5

   Urgent cases. Content that is clearly unlawful or harmful, such as child sexual abuse material, phishing or malware, is removed immediately, whether or not a formal notice was sent.

6. 4.6

   Records. We keep a record of notices, responses and the actions taken, which may be used to apply our repeat-infringer rule in the Acceptable Use Policy.

5. If your content was taken down (response notice)

1. 5.1

   If you are our customer and believe the material was removed by mistake or is lawful (for example you hold a licence, the use is fair dealing, or the statement is true and in the public interest), reply to our e-mail with a response notice. Include your name and contact details, identify the material, explain why it is lawful, and confirm in good faith that the information is true and correct.

2. 5.2

   We send your response to the complainant. If the complainant does not tell us within a reasonable period, normally 10 business days, that they have started legal proceedings, we may restore the material. If the dispute continues, we may keep the material disabled until the parties agree or a court or other competent body decides.

3. 5.3

   ECTA does not itself provide a response procedure; this is our own fair process. It does not prevent either party from going to court or to another competent body at any time.

6. False or abusive notices

1. 6.1

   Under section 77(2) of ECTA, a person who lodges a notification knowing that it materially misrepresents the facts is liable for damages for wrongful take-down. Do not use this procedure to silence lawful criticism or competition.

2. 6.2

   We may decline to act on notices that are incomplete, clearly unfounded, or sent repeatedly to harass a customer.

7. Requests from authorities

1. 7.1

   Requests from the South African Police Service, the Film and Publication Board, the Information Regulator, a court or another authority (such as preservation or disclosure directions) should be sent to use our contact form or delivered to our physical address. We act on them as the law requires and may ask for the legal basis of the request before disclosing information.

8. Our role

1. 8.1

   We act as a host and conduit for our customers' content, not as its author or publisher. Acting on a notice is not an admission of liability by us or by the customer, and we cannot decide disputes between the parties. Nothing in this procedure limits any right or remedy you or our customer has under the law.