VoIP-SA Terms and Conditions of Use
Please read the following very carefully before using the VoIP-SA service as it sets out your legal rights and obligations in respect of the service.
1.1 The Service is made available by VoIP-SA to VoIP-SA Subscribers only.
1.2 By using the Service you agree :
1.2.1 that you are of legal age to enter into this agreement;
1.2.2 that you have read and understand the terms and conditions which follow;
1.2.3 that you shall be bound by these terms and conditions, and future revisions or amendments thereof, and
1.2.4 that you shall be bound to all VoIP-SA other legal notices, including in particular, but without limitation, the Subscriber Terms and Conditions of Use, which are incorporated by reference into these Terms and Conditions. These notices can be located at www.voip-sa.co.za/terms and will herein after collectively be referred to as the General Terms.
1.3 We may at any time and without notice to you, change any or all of the Terms and Conditions:
1.3.1 Any changes will become effective when we publish them.
1.3.2 You agree to check our legal notices website and the Service Website periodically for changes.
1.3.3 By continuing to use the Service after we have made the changes, you agree to be bound by the amended Terms and Conditions.
1.3.4 If you do not accept the amended Terms and Conditions, you shall desist from using the Service.
1.4 If you do not agree to all of these Terms and Conditions, then you shall not use the Service.
In this agreement:
2.1 the singular includes the plural and vice versa;
2.2 Account means your VoIP-SA account, with which you will obtain access to this Service;
2.3 Agreement means this agreement which governs the provision of the Service to you;
2.4 SIP DEVICE means any SIP compliant phone, Analogue Telephone Adapter, router or software phone;
2.6 IETF means Internet Engineering Task Force;
2.8 ADSL means the capped asymmetric digital subscriber line service, that enables you to send and receive data and email, and to access the Internet using a high speed connection;
2.9 Service means the VoIP-SA Callsaver service described more fully in 3.1 below; and
2.10 Service Website (and derivatives) means the person using the Service.
2.11 SIP complaint means the VoIP-SA Callsaver service described more fully in 3.1 below; and
2.12 Subscribe (and derivatives) means the person using the Service.
2.13 Subscriber means the VoIP-SA Callsaver service described more fully in 3.1 below; and
2.14 use includes, but is not limited, to accessing the Service and making and receiving calls through your ADSL connection;
2.15 VOIP means the VoIP-SA Callsaver service described more fully in 3.1 below; and
2.16 You (and derivatives) means you or the company using the Service.
3 THE SERVICE
3.1 This Service is intended to be used as a second telephone facility. It should under no circumstances be construed to be, or used as a primary telephone service, and VoIP-SA makes no representations in this regard.
3.2 You are required to have the following in place in order to access and make use of the Service:
3.2.1 Active Internet Broadband connection; and
3.2.2 a SIP compatible talk device.
3.3 VoIP-SA will then open an account, subsequent to which a SIP telephone number will be allocated to you, which will be able to be linked to your VOIP TALK device.
3.4 You acknowledge and agree that you do not own the SIP telephone number and that we may withdraw it at any time. You will not transfer or request the transfer of the number to anyone else.
3.5 We reserve the right to change your SIP telephone number at any time for operational or commercial reasons, or to comply with our regulatory obligations. We will give you advance notice of such a change.
3.6 The Service is personal to you and is linked with your Account. You may not resell or transfer the Service without our prior written consent.
3.7 You shall use the Service for lawful purposes only.
4 THE VOIP TALK DEVICE
4.1 You can use any SIP-compliant VOIP TALK DEVICE purchased from a retailer of your choice.
4.2 You shall notify us immediately, in writing or by calling our Customer Support Centre, if your VOIP TALK DEVICE has been stolen or lost, or if the Service provided to you hereunder is fraudulently applied, or if the VOIP TALK DEVICE or Service is applied in any other unauthorized manner.
4.3 You shall not change the electronic serial number or equipment identifier of the VOIP TALK DEVICE.
There is a post-paid or pre-paid service.
5.1 POST-PAID ACCOUNT
5.1.1 The charges payable for the Service are displayed on your electronic monthly invoice. Rates per minute vary according to the destination which is called.
5.1.2 You should pay the charges into our Account using bank transfer or credit card.
5.1.3 Your invoice should be paid 10 days after reception of your invoice, according to the date of reception of your invoice per email. VoIP-SA reserve the right to stop the service 30 days after non reception of proof of payment.
5.2 PRE-PAID ACCOUNT
5.2.1 Your account credit will expire within 3 (three) months from date of purchase, if no chargeable calls are made during the (three) month period and if no further pre-paid credit is purchased. You can reset the 3 (three) month period, by making a chargeable call before the expiry of the 3 (three) month period, or by purchasing more credit.
5.2.2 Making a chargeable call or purchasing more credit will reset the expiry date of all remaining credit.
5.2.3 We reserve the right to limit the amount of your pre-paid purchases.
5.2.4 We also reserve the right to change the charges from time to time without notice to you. The revised charges shall be displayed on the Service Website. Your continued use of the Service following the posting of changes to the charges will constitute your acceptance of the amended charges.
5.2.5 All fees and amounts paid for the Service provided hereunder are non- refundable.
6 TERMINATION OF THE SERVICE
6.1 Should you be in breach of any provision of this agreement, then VoIP-SA shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith:
6.1.1 claim immediate payment of all outstanding amounts payable in terms of this agreement;
6.1.2 suspend your access to the Service; and/or
6.1.3 terminate this agreement, retain all amounts already paid by you and recover all costs incurred by VoIP-SA, including (without being limited to) legal costs on an attorney and own client scale.
6.2 VoIP-SA is entitled to terminate the Service with notice to you at any time if VoIP-SA decides in its sole discretion to stop offering the Service.
7.1 You acknowledge and agree that:
7.1.1 VoIP-SA makes the Service available to you "as is" and "as available", without any guarantees, warranties and/or representations of any kind, either express or implied;
7.1.2 VoIP-SA makes use of a number of third-party network providers in order to provide the Service, e.g. to connect calls to the various supported local and global destinations. You also acknowledge and agree that the public Internet is used to carry voice traffic. VoIP-SA does not guarantee, warrant or represent the availability or performance of any third-party service providers or the Internet;
7.1.3 the quality of the Service depends on various factors, including your location, line quality, Internet traffic, fluctuations in the Internet, your underlying broadband service, service outages etc. We accordingly do not guarantee, warrant or represent the quality of the calls or the clarity of voice;
7.1.4 VoIP-SA VOIP TALK will not function during an electrical power or broadband outage;
7.1.5 the Service may not be compatible with certain broadband services; and
7.1.6 the Service may be impaired when you upload or download data using your ADSL Internet connection at the same time as making or receiving a call using a VoIP VoIP-SA line.
7.2 Without limiting the generality of the foregoing, VoIP-SA specifically does not guarantee, warrant or represent that:
7.2.1 the Service will always be available;
7.2.2 the Service will be free of errors or interruptions;
7.2.3 the Service will be free of viruses or other harmful components;
7.2.4 the Service is fit for any purpose;
7.2.5 the Service does not infringe third party or Intellectual Property rights;
7.2.6 the Service is secure and reliable;
7.2.7 the Service conforms with your timeline requirements; or
7.2.8 our rates are cheaper than normal PTSN calls; or
7.2.9 all local or international telephone numbers can be called.
8 LIMITATION OF LIABILITY
8.1 You Subscribe to and use the Service at your own risk.
8.2 We are not liable to you or any third party for any damages suffered by you or a third party howsoever arising from your use of or Subscription to the Service including, without limitation, any damages suffered by you as a result of:
8.2.1 any interruption of or error in the Service; or
8.2.2 our failure to fulfill our obligations as a result of uncontrollable events.
8.3 If you suffer damages or if you are not satisfied with the Service your only remedy is to desist from using the Service.
8.4 In this clause:
8.4.1 "damages" means damages of any nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:
18.104.22.168 in contract, delict or otherwise;
22.214.171.124 direct, indirect, special or consequential;
126.96.36.199 foreseeable or not; and
188.8.131.52 whether we were advised of the damages in advance or not;
8.4.2 "uncontrollable events" mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.
You hereby unconditionally and irrevocably indemnify VoIP-SA and agree to hold VoIP-SA free from any and all damages, loss, claims or costs, of whatsoever nature suffered or incurred by VoIP-SA, or instituted against VoIP-SA, arising from or relating to your use of and Subscription to the Service, and/or your breach of the General Terms and/or these Terms and Conditions.
10.1 You acknowledge and agree that :-
10.1.1 during the process of registering for, and using the Service, you may be required to disclose certain personal information to VoIP-SA, including without limitation your Sign-Me-In user identity and password (collectively referred to as your "Personal Information"); and
10.1.2 VoIP-SA endeavours to safeguard your Personal Information but may be required to provide certain regulatory entities and authorities, or other entities as may be required by law, with your Personal Information in order to provide the Service to you.
10.2 Accordingly, you hereby agree that:
10.2.1 VoIP-SA may disclose to those entities such part of your Personal Information as VoIP-SA, in its sole discretion, deems appropriate to enable the provision of the Service to you; and
10.2.2 VoIP-SA shall not be liable to you or any other third party for any damages, loss, claims or costs suffered by or instituted against you or any other third party arising from, or in any way relating to, the disclosure of your Personal Information.
10.3 Your sole and exclusive remedy under such circumstances shall be to stop using the Service.
11.1 In the event of a discrepancy between these Terms and Conditions and the General Terms, then the General Terms shall prevail in so far as they apply to the provision of the VoIP-SA VOIP TALK Service.
11.2 This agreement records the entire arrangement between the parties as to its subject matter and no addition to, deletion from or amendment or variation of this agreement shall be valid and binding unless reduced to writing and signed by both parties.