One Net Express T&Cs


1 About these terms and the agreement


  1. 1.1 This agreement governs the relationship between Vodacom (Pty) Ltd (‘Vodacom’) and the Customer (‘you’) regarding Vodacom’s provision of the One Net Express Services (‘the Services’) to you. Schedule 1 (Commercial Terms) and this Annex 1: Vodacom One Net Express General Terms and Conditions together form the contract with you.

  2. 1.2 In these Terms capitalised words are given specific meanings which are set out in clause 18.

  3. 1.3 If there is any inconsistency between these Schedule 1 (Commercial Terms) and this Annex 1: One Net Express General Terms and Conditions, the following decreasing order of precedence shall apply:

  4. 1.3.1 Commercial quote

  5. 1.3.2 These One Net Express General Terms and Conditions

  6. 1.4 By connecting and using the Service you confirm that you have read and agree to these General Terms and Conditions and Schedule 1 (Commercial Terms) and any other Commercial Terms; you have instructed Vodacom to provision the Services on the basis of; and you agree to receive this selected Service in the quantities and at the prices set out in the Schedule 1 (Commercial Terms).


2 Commencement and duration

  1. 2.1 This agreement begins on the date that Vodacom accepts your order for the Service either by notifying you of the acceptance or by commencing implementation of your order.

  2. 2.2 Unless this agreement is terminated in terms of clause 11, Vodacom will continue to supply you with, and charge you for, the Service.

  3. 2.3 You must pay all Charges until you or Vodacom terminate this Agreement in line with clause 11.


3 Service and coverage

  1. 3.1 This Service is available to both contract and prepaid customers.

  2. 3.2 Vodacom aims to provide you with the Service at all times from the start of this agreement or such other date agreed with you. However, due to the nature of mobile technology, it is impossible to provide a fault-free service and Vodacom does not warrant that the Service will be secure, uninterrupted or without error.

  3. 3.3 An order for Equipment and/or Services will only be binding when Vodacom has accepted it by giving you written confirmation or if Vodacom does not provide you with written confirmation, when Vodacom commences implementation of the order.

  4. 3.4 Vodacom will aim to give you accurate dates for the performance and implementation of Service but unless Vodacom agrees with you otherwise, any dates given are estimates only in relation to such dates. If you or a third party cause Vodacom to be unable to provide the Service, the dates for provision of (but not payment for) the Service shall be delayed by a reasonable period of time.

  5. 3.5 Unless Vodacom agrees with you otherwise where Vodacom have expressly agreed to advise you, you are responsible for deciding the suitability, adequacy and accuracy of any Equipment and Services for any particular purpose.

  6. 3.6 If Vodacom supplies you with Equipment as part of the Service the Equipment (excluding any software) will be subject to a 90 (ninety) days warranty following the date of the order, however, this warranty does not apply to damage to Equipment which is not due to forces of nature and/or a defect in the Equipment, including for example where you use the Equipment incorrectly. If Vodacom provides Services to you, Vodacom warrant that those Services will be performed with reasonable skill and care by appropriately experienced, qualified and trained personnel.

  7. 3.7 Some countries prohibit the use of encryption and if you use devices containing encryption technology outside of South Africa, you accept any responsibility and risk of such use.

  8. 3.8 Vodacom may change the Equipment and Service it offers at any time.
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4 Charges and payment

  1. When using the Service on a Prepaid and/or Top Up basis, the following terms and conditions shall apply:

  2. 4.1 You are responsible to obtain consent from end user for the activation of the One Net subscription. The onus is on you as the business owner to inform your closed user group members on the terms and conditions involved in making use of the One Net Express service.

  3. 4.2 An order of consumption for CUG minutes will be followed as listed below:

  4. • Micro Voice
  5. • My5
  6. • Call Sponsor
  7. • Top-up Refresh recharge Reward
  8. • Nightshift
  9. • Converse
  10. • MPESA
  11. • Recharge Rewards
  12. • Power Hour
  13. • One Net Phase 3 Bundle
  14. • Top-up Smart
  15. • Credit


5 Using the services

  1. 5.1 You and your end users can only belong to one of Vodacom’s business closed user group services.

  2. 5.2 All Charges for Services are stated exclusive of VAT, unless specified otherwise.

  3. 5.3 Standard existing Vodacom Terms and conditions for the End User’s prevailing MSISDN tariff plans and contract terms and conditions still apply.

  4. 5.4 You must pay all Charges by direct debit within 30 days of the date of any invoice. Vodacom may accept payment by methods other than direct debit.

  5. 5.5 If you default on any payments and are not disputing the payment, Vodacom shall be entitled to levy interest on any amounts not paid on due date, at the prime overdraft rate quoted by its bankers from time to time, calculated from due date of payment until date of payment. Vodacom may, at its own discretion, suspend the Services in terms of clause 10. Vodacom may also charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.

  6. 5.6 You will raise any billing queries within one month of the date of the relevant invoice and shall not withhold payment of any Service Charges set out in the queried invoice or any other invoice, by reason of your billing query. Disputed invoices shall be dealt with in terms of clause 17.10.

  7. 5.7 Vodacom may credit assess you from time to time as reasonably required to assess its own risk. Each credit assessment shall entitle us to have a credit limit on our Vodacom account (details of which are available on request).


6 Equipment

  1. 6.1 You must use the Service and ensure that your End Users use the Service in accordance with this Agreement, all applicable laws (including regulatory codes of practice) and Vodacom’s instructions on using the Service. You are responsible for anyone who uses your Equipment and Service.

  2. 6.2 You must inform Vodacom immediately if the information you have provided to Vodacom (for example, information about the status of your business, your name, address, bank account or payment details) is inaccurate or changes.

  3. 6.3 You must not use your Equipment or the Service (or allow them to be used) for any purpose which could reasonably be regarded as abusive, improper, immoral, offensive, illegal, fraudulent, or which is a nuisance, hoax, menacing, indecent, racist, obscene or defamatory. Vodacom may report such incidents to the police or any other relevant official organisation.

  4. 6.4 You may not resell any part of the Service without Vodacom’s written consent.

  5. 6.5 You may not do anything which causes the Network to be impaired or damaged.

  6. 6.6 You may not modify the Equipment or Service (including any software and/or integral safety features) Vodacom supplies to you except in accordance with the manufacturer's published specification, applicable law or with Vodacom’s prior written permission.

  7. 6.7 Vodacom will allocate a geographic number(s) for you to use with the Equipment on the Network or you can port in an existing geographic(s) number from another network to Vodacom to be used with the Equipment and Service on the network. If you decide to move to another network operator, and wish to retain your mobile and geographic number(s) as allocated, Vodacom shall transfer your number(s) to the new network operator in accordance with ICASA’s Regulations (including any relevant timescales).

  8. 6.8 You must have physical presence i.e an office in the geographical areas where the geographic number(s) is to be provisioned.

  9. 6.9 The software in the SIM Card does not belong to you and Vodacom are licensing it to you only for use with the Service and only for as long as Vodacom has agreed to provide the Service to you. Vodacom may change your SIM Card at the end of this Agreement. Subject to clause 7.1, if you need a replacement SIM Card, Vodacom will charge you the price set out in Vodacom’s most current price plan that applies. You will use all reasonable efforts to ensure that SIM Card(s) are only used with your authorisation and you must inform End Users of this policy. You are responsible for all costs resulting from unauthorised use until you have notified us of this.

  10. 6.10 If Vodacom provides you or your End Users with security codes as part of the Service you agree to keep the security codes confidential and ensure your End User(s) do the same. You must inform Vodacom immediately if you suspect that security codes have been disclosed to a third party so that Vodacom can issue new security codes.

  11. 6.11 You must only use equipment which is type approved by ICASA and Vodacom for connection to Vodacom’s network. If you are not sure whether the equipment is type approved, you should contact Vodacom.

  12. 6.12 You shall provide a customer representative who will be your point of contact with Vodacom or where applicable our sub-contractors. You will notify Vodacom of the name and contact details of your customer representative and any replacement thereof from time to time.

  13. 6.13 You shall take prudent and appropriate measures to back up data and otherwise protect against loss of data.

  14. 6.14 Where Vodacom have issued you with a SIM card(s) for use with a mobile  desk phone you are not permitted to use this SIM card in any other device without Vodacom’s written consent. Breach of this requirement shall constitute a material breach of this agreement and immediate termination of the One Net Express service.

  15. 6.15 Where Vodacom has issued you with a geographic area code number for use in your mobile desk phone such a number cannot be used outside of the specific geographic area code as allocated to you by Vodacom. Any use of an allocated geographic area number outside of the correct area code shall constitute a breach in terms of this agreement and Vodacom reserves the right to invoke clause 11.4.3 of this agreement should the breach not be remedied.

  16. 6.16 Where the mobile desk phone has been allocated, it may only be used with a geographic number on one of the One Net Express Plus tariff plans.

  17. 6.17 Customers that receive the mobile desk phone must secure the WiFi settings with a  password, Vodacom will not be held liable for misuse of data.

  18. 6.18 If you order a Service other than the Service provided pursuant to this Agreement, the supply of such Service may be subject to additional terms and conditions not contained in this Agreement.

  19. 6.19 If you need to transfer a mobile number(s) or geographic number(s) from other networks to Vodacom prior to the commencement of the provision of the Service, you will need to complete the porting authority letters that Vodacom will provide to you. You acknowledge that any delay in completing and returning this authority may result in a delay to the provision of Services.

  20. 6.20 Transferring of your geographic number(s) from other networks to Vodacom is subject to the rules and regulations as specified by ICASA.

  21. 6.21 As part of the provision of the Service, Vodacom shall agree and coordinate the configuration of your user(s) with you.

  22. 6.22 Customers that wish to use their existing MSISDN as Hunt Group numbers will have the option to do so by means of a downward migration to the One Net Express Header GSM tariff. The customer must settle the existing contract using “premature cancellation” process.

  23. 6.23 Corporate Voicemail box:

    1. 6.23.1 Each hunt group can receive a voicemail box that will be automatically configured against the main nominated hunt group number; however activation will only be on customer request.

    2. 6.23.2 The customer has the option of requesting up to 5 Voicemail boxes which will be configured against the Hunt Group Numbers only.


7 Equipment

  1. 7.1 If Equipment or SIM card(s) are lost or damaged before Vodacom has delivered them to your address, Vodacom will repair or replace these at its own cost provided that you advise Vodacom of any damage within 7 (seven) business days of receipt and notify us of loss if you have not received your order within 10 business days of Vodacom’s confirmation of the order. Once Vodacom has delivered Equipment or SIM cards to you at your premises or you receive the Equipment in the Vodacom approved store you shall take the risk of loss or damage to the Equipment and/or SIM cards which Vodacom has delivered. If Vodacom has not delivered the right Equipment and/or SIM Card(s) you must inform Vodacom within 5 (five) business days of receipt and Vodacom will remedy the error at its own cost.

  2. 7.2 If your SIM Card(s) or Equipment is lost or stolen after Vodacom has delivered it to you, you must inform Vodacom as soon as possible so that Vodacom can prevent further use on it. You will be liable for any Charges prior to advising Vodacom that the SIM Card is lost or stolen.

  3. 7.3 Where you have bought Equipment from Vodacom you will own the title to the Equipment (other than any SIM Card embedded software) when Vodacom has received full payment from you of the amount in the invoice (or if the invoice is incorrect, full payment form you of the correct amount in relation to the Equipment). Until that time you must identify the Equipment as belonging to Vodacom.

  4. 7.4 If Vodacom supplies you with Equipment which is/becomes faulty (other than through your misuse) within the manufacturer's warranty period, you may return the Equipment to us at Vodacom’s cost and Vodacom will repair or replace (at Vodacom’s option) the Equipment within 28 days.  If Vodacom has replaced the Equipment with a better alternative Vodacom may at a later stage replace this with standard replacement Equipment meeting the agreed specification.

  5. 7.5 If you have caused the Equipment to become faulty or if the Equipment becomes faulty outside the manufacturer's warranty period Vodacom may provide a quote for the costs of the non-warranty repair Service or to Equipment replace.

  6. 7.6 If Vodacom provides you with Equipment or software made by Vodacom’s suppliers, where Vodacom receives warranties or guarantees in relation to that Equipment or software Vodacom will endeavour to pass the benefit of these to you to the extent Vodacom is permitted to do so by the suppliers, provided that Vodacom’s obligation to liaise with suppliers in respect of any warranty ends when this agreement ends. Vodacom have no obligation in relation to equipment which Vodacom do not directly supply to you.

  7. 7.7 You must only use Equipment which Vodacom supplies or which Vodacom has approved as compatible with the Network.

  8. 7.8 A One Net Express plus tariff plan will be sold with every Mobile deskphone provided to the Customer.  The customer has the choice between One Net Express Plus (small and medium).

  9. 7.9 One Net Express Plus is an extension of One Net Express and includes the following:

  10. • geographic number portability;
  11. • geographic number allocation; and 
  12. • a 3G desk phone

  13. 7.9.1 The One Net Express Plus tariff plans will be available on either a 24 month contract or a month to month contract at a monthly subscription fee as per the two rate plans called One Net Express Plus (small and medium).

  14. 7.9.2 All calls from the mobile desk phone will be billed in accordance with the One Net Express Plus tariff plans.

  15. 7.9.3 The voice bundles included in the One Net Express Plus tariff plans will be available for use for calls to any local network at any time of the day.

  16. 7.9.4 Vodacom reserves the right to charge for VOIP events on selected price plans and at applicable lodged rates.

  17. 7.9.5 More weekend minutes will be excluded from the One Net Express Plus tariff plans.

  18. 7.9.6 It is important for the customer to note that when porting in a geographic number that the geographic number used as a hunt group number will be provisioned to only allow incoming calls.  No MMS, SMS or calls can be made from a Geographic hunt group number.

  19. 7.9.7 You acknowledge that only Geographic Numbers are portable to and from Vodacom and that Vodacom cannot be held liable for any routing conflicts derived from other networks and revenue impacts derived from these conflicts.

  20. 7.9.8 Calls or connections to the following services will not consume from the bundle of minutes and will be billed at the rates applicable to the One Net Express Plus tariff plans:

  21. • Value added services
  22. • General service calls
  23. • International calls
  24. • Premium rated calls
  25. • Roaming services
  26. • Premium rated IVR
  27. • Premium rated dicon
  28. • Special short codes
  29. • Video IVR
  30. • International VAS and premium services
  31. • Travel talk
  32. • Conference calls
  33. • Call sponsor (sponsored calls are charged at the sponsored party’s prevailing tariff plan)

    1. 7.9.1 The One Net Express Plus tariff plans will be available on either a 24 month contract or a month to month contract at a monthly subscription fee as per the two rate plans called One Net Express Plus (small and medium).

    2. 7.9.2 All calls from the mobile desk phone will be billed in accordance with the One Net Express Plus tariff plans.

    3. 7.9.3 The voice bundles included in the One Net Express Plus tariff plans will be available for use for calls to any local network at any time of the day.

    4. 7.9.4 Vodacom reserves the right to charge for VOIP events on selected price plans and at applicable lodged rates.

    5. 7.9.5 More weekend minutes will be excluded from the One Net Express Plus tariff plans.

    6. 7.9.6 It is important for the customer to note that when porting in a geographic number that the geographic number used as a hunt group number will be provisioned to only allow incoming calls.  No MMS, SMS or calls can be made from a Geographic hunt group number.

    7. 7.9.7 You acknowledge that only Geographic Numbers are portable to and from Vodacom and that Vodacom cannot be held liable for any routing conflicts derived from other networks and revenue impacts derived from these conflicts.

    8. 7.9.8 Calls or connections to the following services will not consume from the bundle of minutes and will be billed at the rates applicable to the One Net Express Plus tariff plans:

    9. • Value added services
    10. • General service calls
    11. • International calls
    12. • Premium rated calls
    13. • Roaming services
    14. • Premium rated IVR
    15. • Premium rated dicon
    16. • Special short codes
    17. • Video IVR
    18. • International VAS and premium services
    19. • Travel talk
    20. • Conference calls
    21. • Call sponsor (sponsored calls are charged at the sponsored party’s prevailing tariff plan)

    22. 7.9.9 Intelligent call routing devices and bulk calling applications are not permitted on the One Net Express Plus tariff plans. If the SIM card us used in a location other than the mobile desk phone or other device to regularly make calls abusing the CUG benefit, the service will be suspended.

    23. 7.9.10 Unused SMS will be carried over for a period of one month.

    24. 7.9.11 The following services will not consume from the SMS bundle and will be billed at the rates applicable to the One Net Express Plus tariff plans:

    25. 7.9.12 International SMS

    26. 7.9.13 Premium rated SMS

    27. 7.9.14 Content services

    28. 7.9.15 VAS services

    29. 7.9.16 SMSes may not be used as part of any bulk SMS sending service for commercial or business purposes.

    30. 7.9.17 SMS bundles are not available to WASP and content providers and cannot be used for message sending.

    31. 7.9.18 If the SIM card is used in a fixed geographic location to regularly send bulk SMSes to multiple numbers, the service will be suspended immediately.

    32. 7.9.19 Vodacom reserves the right to amend all or any of the charges set out in the tariff plans by notice published in accordance with the provisions of the licence.

    33. 7.9.20 All charges referred to in the tariff plans are reflected as being net of and inclusive of VAT but net of any other tax, duty or similar charge payable thereon.

    34. 7.9.21 Migration will only be allowed between One Net Express Plus Small and One Net Express Plus Medium as the 3G deskphone is provisioned for these tariff plans and no other tariff plan.

    35. 7.9.22 Only 100% of the current month’s unused minutes will be carried over during migration

Changing charges and terms

  1. 8.1 Vodacom may change its Charges or introduce new Charges at any time. If Vodacom increases its Charges, it shall provide you with at least 14 days' written notice and you may have the right to end this agreement under clause 11 should you not accept the aforementioned increase. Vodacom can make changes to or withdraw Services at any time and Vodacom can make changes to or introduce new terms to this Agreement at any time. Vodacom will give you at least 30 days’ notice of these changes if Vodacom do and you may have a right to end this agreement under Clause 11.

  2. 8.2 Vodacom may need to change your mobile desk phone number or other number. Vodacom will let you know if this is the case.

  3. 8.3 You can apply to port the mobile and geographic number(s) relating to SIM Card(s) to another network or migrate the mobile and geographic number(s) to another service provider on the same network but Vodacom may charge you a reasonable administration fee per number in addition to any Charges for termination that may be applicable under Clause 11.

  4. 8.4 If the law changes or VAT or any other tax is increases, Vodacom can change the terms of this Agreement to comply with the law without your consent although Vodacom will try to inform you about the change before it occurs or otherwise within a reasonable time after it has been made.
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One Net Express minutes offered for calls within Closed User Group ,

  1. 9.1 As part of the One Net Express product offering each member of the closed user group shall be entitled to 500 free minutes per month to be used for On Net calling between the closed user group members associated to the company’s One Net Express service offering.

  2. 9.2 The usage of the 500 free minutes allocated to a closed user group member per month will be monitored by Vodacom and once depleted any further usage shall be charged to the end users prevailing tariff plan.

  3. 9.3 The 500 free minutes allocated to each closed user group member per month will not carry-over to subsequent months.

  4. 9.4 The onus is on you to ensure that your closed user group members are aware of clauses 9.1 to 9.3 above and agree to the content thereof prior to joining the closed user group. Any failure to do shall result in you being responsible for any costs incurred by your closed user group members over and above the allocated 500 free minutes per month that are due to Vodacom.

  5. 9.5 If an end user has call limit lock or soft and hard lock set on their profile, the end user will not have access to use its 500 CUG minutes once this limit has been reached.

10 Suspending the services

  1. 10.1 Vodacom may suspend or restrict use of any of the Services (other than emergency services) by you and/or any End User(s) if:

    1. 10.1.1 Vodacom believes that your equipment (including Equipment Vodacom supply to you) or the Service is being used in a way contrary to the provisions of this agreement;

    2. 10.1.2 you or your End User(s) have not complied with the requirements in this agreement (for example, you fail to pay any Charges when due);

    3. 10.1.3 Vodacom has asked you for a deposit or part payment which you have not paid;

    4. 10.1.4 In Vodacom’s considered view you entered into this agreement fraudulently;

    5. 10.1.5 In Vodacom’s considered view you and/or your End User(s) have or are likely to use any number, Equipment or Services in an unauthorised, illegal, or fraudulent way;

    6. 10.1.6 you tell us that your Equipment has been lost or stolen;

    7. 10.1.7 you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made  or a receiver is appointed over any of your assets;

    8. 10.1.8 you and/or your End Users do anything (or allow anything to be done) which in Vodacom’s considered view may damage or affect the operation of the Vodacom Network; or

    9. 10.1.9 the emergency services tell us to, or a law or regulation is passed which means Vodacom need to do so;


  2. 10.2 Vodacom may suspend or restrict the Services to carry out necessary planned maintenance services or during any technical failure of the Network or Services where it is necessary to safeguard the security and integrity of the same or where Vodacom are obliged by law to do so to comply with emergency planning measures provided that in each case Vodacom will aim to keep all service suspensions to a minimum.

  3. 10.3 When Vodacom suspends or restricts your use of the Service, this agreement will continue and you will still have to pay all Charges due during any period when Vodacom suspend or restrict the Services.

  4. 10.4 If Vodacom suspends the Service due to your non-payment and Vodacom have subsequently agreed (in its own discretion) to reactivate the Service following your request, Vodacom may charge you a reasonable administration charge in addition to all arrears.

  5. 10.5 If Vodacom suspends the Service to an End User or you, due to the End-User’s failure to use the Services in accordance with this Agreement where, Vodacom may reinstate the Service(s) to that End User following remedy of the End User's default subject to the payment of a reasonable administration charge.

11 Termination of this agreement

  1. 11.1 Subject to clause 11.7, either party may terminate this agreement by giving the other 30 days’ notice in writing. You shall pay the Charges during the notice period.

  2. 11.2 Any member of the closed user group shall also be entitled to cancel the service on 30 (thirty) days prior written notice to Vodacom and the Customer.

  3. 11.3 You may end this agreement in its entirety or part only insofar as it relates to the Services delivered in respect of a particular number by writing to Vodacom if Vodacom materially breach this Agreement and cannot correct the situation within 14 days of you telling us about the breach;

  4. 11.4 Vodacom may end this agreement at any time by writing to you if:


    1. 11.4.1 you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or an administrator appointed over any or all of your assets (in which event Vodacom do not have to give notice to you);

    2. 11.4.2 you do anything (or allow anything to be done) which in Vodacom’s considered view may damage or affect the operation of the Network;

    3. 11.4.3 you materially breach this Agreement and do not correct the situation within 7 days of Vodacom informing you about the breach (examples of material breach include your failure to pay the Charges when they are due, your breach of any software licence and where Vodacom have repeatedly suspended provision of the Services to you or your End Users for cause, use of a geographic number(s) outside of its allocated geographic area code, etc.); or

    4. 11.4.4 Vodacom is permanently unable to provide the Services to you.

  5. 11.5 When this agreement comes to an end:

    1. 11.5.1 Vodacom will disconnect your Equipment from its Network;

    2. 11.5.2 you will have to pay immediately all Charges you owe Vodacom on the date Vodacom disconnects your Equipment from the Network;

    3. 11.5.3 you and your End Users must stop using (and remove from your systems and return to us) any software which Vodacom has licensed to you (except software which is embedded within any Equipment Vodacom has supplied which belongs to you); and

    4. 11.5.4 you must stop using the Service Vodacom has provided to you.


  6. 11.6 If this agreement comes to an end and you have not terminated this agreement in terms of clause 11.1, you will have to pay to Vodacom immediately (as one lump sum) for the One Net Express service Charges left for the rest of the contract period.

  7. 11.7 If this agreement ends for any reason other than Vodacom’s breach, Vodacom may immediately enter your premises without prior notice to recover Equipment which belongs to Vodacom and you will not re-sell or transfer possession of Equipment to any third party until you have paid Vodacom in full all amounts due to Vodacom under this agreement.

  8. 11.8 If you end this agreement before the end of the month (other than under clause 11.3), you must still pay all the line-rental Charges and monthly access fees left for the rest of the contract period.

  9. 11.9 If you end this agreement before the end of the period under clause 11.3 or Vodacom end the Agreement under clause
  10. 11.1, you will only have to pay the Charges you already owe to Vodacom.

  11. 11.10 You may terminate an End User’s use of the Services (without terminating this agreement) by giving Vodacom 30 days notice in writing to Vodacom. Where this occurs prior to the end of the contract period or such End User’s Term per New User, you will have to pay the line-rental charges left for the rest of the contract period or such End User’s Term per New User.
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12 Liability and exclusions

  1. 12.1 Vodacom’s maximum liability for all claims relating to the Service or Equipment provided under this agreement whether for breach of contract or in tort, including negligence will be limited to 100% of the Charges paid or payable in the twelve months prior to the date of the Claim.

  2. 12.2 Vodacom shall provide the Service with reasonable skill and care but Vodacom exclude all liability for breach of warranties, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

  3. 12.3 Vodacom will not be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the terms of this Agreement; nor any direct or indirect loss of business, revenue, profits, goodwill, use, data, compensation, ex gratia payment or other economic advantage however they arise, whether in breach of contract (including repudiatory breach) breach of warranty or in tort, including negligence, and even if Vodacom have previously been advised of the possibility of such damages or whether such liability could be assumed to be our responsibility.

  4. 12.4 Vodacom will not be legally responsible to you if Vodacom cannot provide the Service because of something outside of our reasonable control or where Vodacom are reliant on third party suppliers. 

  5. 12.5 If you use the Service to make an emergency call, the caller location information that is provided to the emergency services may not be the location from which the call is made, which may delay the emergency services’ response to the call. It is your responsibility to make your End Users aware of the contents of this clause 12.


About these terms and the agreement

  1. 1.1 This agreement governs the relationship between Vodacom (Pty) Ltd (‘Vodacom’) and the Customer (‘you’) regarding Vodacom’s provision of the One Net Express Services (‘the Services’) to you. Schedule 1 (Commercial Terms) and this Annex 1: Vodacom One Net Express General Terms and Conditions together form the contract with you.

  2. 1.2 In these Terms capitalised words are given specific meanings which are set out in clause 18.

  3. 1.3 If there is any inconsistency between these Schedule 1 (Commercial Terms) and this Annex 1: One Net Express General Terms and Conditions, the following decreasing order of precedence shall apply:

    1. 1.3.1 Commercial quote
    2. 1.3.2 These One Net Express General Terms and Conditions

  4. 1.4 By connecting and using the Service you confirm that you have read and agree to these General Terms and Conditions and Schedule 1 (Commercial Terms) and any other Commercial Terms; you have instructed Vodacom to provision the Services on the basis of; and you agree to receive this selected Service in the quantities and at the prices set out in the Schedule 1 (Commercial Terms).
  5.  
  6. 2 Commencement and duration

  7. 2.1 This agreement begins on the date that Vodacom accepts your order for the Service either by notifying you of the acceptance or by commencing implementation of your order.

  8. 2.2 Unless this agreement is terminated in terms of clause 11, Vodacom will continue to supply you with, and charge you for, the Service.

  9. 2.3 You must pay all Charges until you or Vodacom terminate this Agreement in line with clause 11.
  10.  
  11. 3 Service and coverage

  12. 3.1 This Service is available to both contract and prepaid customers.

  13. 3.2 Vodacom aims to provide you with the Service at all times from the start of this agreement or such other date agreed with you. However, due to the nature of mobile technology, it is impossible to provide a fault-free service and Vodacom does not warrant that the Service will be secure, uninterrupted or without error.

  14. 3.3 An order for Equipment and/or Services will only be binding when Vodacom has accepted it by giving you written confirmation or if Vodacom does not provide you with written confirmation, when Vodacom commences implementation of the order.

  15. 3.4 Vodacom will aim to give you accurate dates for the performance and implementation of Service but unless Vodacom agrees with you otherwise, any dates given are estimates only in relation to such dates. If you or a third party cause Vodacom to be unable to provide the Service, the dates for provision of (but not payment for) the Service shall be delayed by a reasonable period of time.

  16. 3.5 Unless Vodacom agrees with you otherwise where Vodacom have expressly agreed to advise you, you are responsible for deciding the suitability, adequacy and accuracy of any Equipment and Services for any particular purpose.

  17. 3.6 If Vodacom supplies you with Equipment as part of the Service the Equipment (excluding any software) will be subject to a 90 (ninety) days warranty following the date of the order, however, this warranty does not apply to damage to Equipment which is not due to forces of nature and/or a defect in the Equipment, including for example where you use the Equipment incorrectly. If Vodacom provides Services to you, Vodacom warrant that those Services will be performed with reasonable skill and care by appropriately experienced, qualified and trained personnel.

  18. 3.7 Some countries prohibit the use of encryption and if you use devices containing encryption technology outside of South Africa, you accept any responsibility and risk of such use.

  19. 3.8 Vodacom may change the Equipment and Service it offers at any time.
  20.  
  21. 4 Prepaid and Top Up Terms

  22. When using the Service on a Prepaid and/or Top Up basis, the following terms and conditions shall apply:

  23. 4.1 You are responsible to obtain consent from end user for the activation of the One Net subscription. The onus is on you as the business owner to inform your closed user group members on the terms and conditions involved in making use of the One Net Express service.

  24. 4.2 An order of consumption for CUG minutes will be followed as listed below:

  25. • Micro Voice
  26. • My5
  27. • Call Sponsor
  28. • Top-up Refresh recharge Reward
  29. • Nightshift
  30. • Converse
  31. • MPESA
  32. • Recharge Rewards
  33. • Power Hour
  34. • One Net Phase 3 Bundle
  35. • Top-up Smart
  36. • Credit
  37.  
  38. 5 Charges and payment

  39. 5.1 You and your end users can only belong to one of Vodacom’s business closed user group services.

  40. 5.2 All Charges for Services are stated exclusive of VAT, unless specified otherwise.

  41. 5.3 Standard existing Vodacom Terms and conditions for the End User’s prevailing MSISDN tariff plans and contract terms and conditions still apply.

  42. 5.4 You must pay all Charges by direct debit within 30 days of the date of any invoice. Vodacom may accept payment by methods other than direct debit.

  43. 5.5 If you default on any payments and are not disputing the payment, Vodacom shall be entitled to levy interest on any amounts not paid on due date, at the prime overdraft rate quoted by its bankers from time to time, calculated from due date of payment until date of payment. Vodacom may, at its own discretion, suspend the Services in terms of clause 10. Vodacom may also charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.

  44. 5.6 You will raise any billing queries within one month of the date of the relevant invoice and shall not withhold payment of any Service Charges set out in the queried invoice or any other invoice, by reason of your billing query. Disputed invoices shall be dealt with in terms of clause 17.10.

  45. 5.7 Vodacom may credit assess you from time to time as reasonably required to assess its own risk. Each credit assessment shall entitle us to have a credit limit on our Vodacom account (details of which are available on request).
  46.  
  47. 6 Using the services

  48. 6.1 You must use the Service and ensure that your End Users use the Service in accordance with this Agreement, all applicable laws (including regulatory codes of practice) and Vodacom’s instructions on using the Service. You are responsible for anyone who uses your Equipment and Service.

  49. 6.2 You must inform Vodacom immediately if the information you have provided to Vodacom (for example, information about the status of your business, your name, address, bank account or payment details) is inaccurate or changes.

  50. 6.3 You must not use your Equipment or the Service (or allow them to be used) for any purpose which could reasonably be regarded as abusive, improper, immoral, offensive, illegal, fraudulent, or which is a nuisance, hoax, menacing, indecent, racist, obscene or defamatory. Vodacom may report such incidents to the police or any other relevant official organisation.

  51. 6.4 You may not resell any part of the Service without Vodacom’s written consent.

  52. 6.5 You may not do anything which causes the Network to be impaired or damaged.

  53. 6.6 You may not modify the Equipment or Service (including any software and/or integral safety features) Vodacom supplies to you except in accordance with the manufacturer's published specification, applicable law or with Vodacom’s prior written permission.

  54. 6.7 Vodacom will allocate a geographic number(s) for you to use with the Equipment on the Network or you can port in an existing geographic(s) number from another network to Vodacom to be used with the Equipment and Service on the network. If you decide to move to another network operator, and wish to retain your mobile and geographic number(s) as allocated, Vodacom shall transfer your number(s) to the new network operator in accordance with ICASA’s Regulations (including any relevant timescales).

  55. 6.8 You must have physical presence i.e an office in the geographical areas where the geographic number(s) is to be provisioned.

  56. 6.9 The software in the SIM Card does not belong to you and Vodacom are licensing it to you only for use with the Service and only for as long as Vodacom has agreed to provide the Service to you. Vodacom may change your SIM Card at the end of this Agreement. Subject to clause 7.1, if you need a replacement SIM Card, Vodacom will charge you the price set out in Vodacom’s most current price plan that applies. You will use all reasonable efforts to ensure that SIM Card(s) are only used with your authorisation and you must inform End Users of this policy. You are responsible for all costs resulting from unauthorised use until you have notified us of this.

  57. 6.10 If Vodacom provides you or your End Users with security codes as part of the Service you agree to keep the security codes confidential and ensure your End User(s) do the same. You must inform Vodacom immediately if you suspect that security codes have been disclosed to a third party so that Vodacom can issue new security codes.

  58. 6.11 You must only use equipment which is type approved by ICASA and Vodacom for connection to Vodacom’s network. If you are not sure whether the equipment is type approved, you should contact Vodacom.

  59. 6.12 You shall provide a customer representative who will be your point of contact with Vodacom or where applicable our sub-contractors. You will notify Vodacom of the name and contact details of your customer representative and any replacement thereof from time to time.

  60. 6.13 You shall take prudent and appropriate measures to back up data and otherwise protect against loss of data.

  61. 6.14 Where Vodacom have issued you with a SIM card(s) for use with a mobile  desk phone you are not permitted to use this SIM card in any other device without Vodacom’s written consent. Breach of this requirement shall constitute a material breach of this agreement and immediate termination of the One Net Express service.

  62. 6.15 Where Vodacom has issued you with a geographic area code number for use in your mobile desk phone such a number cannot be used outside of the specific geographic area code as allocated to you by Vodacom. Any use of an allocated geographic area number outside of the correct area code shall constitute a breach in terms of this agreement and Vodacom reserves the right to invoke clause 11.4.3 of this agreement should the breach not be remedied.

  63. 6.16 Where the mobile desk phone has been allocated, it may only be used with a geographic number on one of the One Net Express Plus tariff plans.

  64. 6.17 Customers that receive the mobile desk phone must secure the WiFi settings with a  password, Vodacom will not be held liable for misuse of data.

  65. 6.18 If you order a Service other than the Service provided pursuant to this Agreement, the supply of such Service may be subject to additional terms and conditions not contained in this Agreement.

  66. 6.19 If you need to transfer a mobile number(s) or geographic number(s) from other networks to Vodacom prior to the commencement of the provision of the Service, you will need to complete the porting authority letters that Vodacom will provide to you. You acknowledge that any delay in completing and returning this authority may result in a delay to the provision of Services.

  67. 6.20 Transferring of your geographic number(s) from other networks to Vodacom is subject to the rules and regulations as specified by ICASA.

  68. 6.21 As part of the provision of the Service, Vodacom shall agree and coordinate the configuration of your user(s) with you.

  69. 6.22 Customers that wish to use their existing MSISDN as Hunt Group numbers will have the option to do so by means of a downward migration to the One Net Express Header GSM tariff. The customer must settle the existing contract using “premature cancellation” process.

  70. 6.23 Corporate Voicemail box:

    1. 6.23.1 Each hunt group can receive a voicemail box that will be automatically configured against the main nominated hunt group number; however activation will only be on customer request.
    2. 6.23.2 The customer has the option of requesting up to 5 Voicemail boxes which will be configured against the Hunt Group Numbers only.

  71.  
  72. 7 Equipment

  73. 7.1 If Equipment or SIM card(s) are lost or damaged before Vodacom has delivered them to your address, Vodacom will repair or replace these at its own cost provided that you advise Vodacom of any damage within 7 (seven) business days of receipt and notify us of loss if you have not received your order within 10 business days of Vodacom’s confirmation of the order. Once Vodacom has delivered Equipment or SIM cards to you at your premises or you receive the Equipment in the Vodacom approved store you shall take the risk of loss or damage to the Equipment and/or SIM cards which Vodacom has delivered. If Vodacom has not delivered the right Equipment and/or SIM Card(s) you must inform Vodacom within 5 (five) business days of receipt and Vodacom will remedy the error at its own cost.

  74. 7.2 If your SIM Card(s) or Equipment is lost or stolen after Vodacom has delivered it to you, you must inform Vodacom as soon as possible so that Vodacom can prevent further use on it. You will be liable for any Charges prior to advising Vodacom that the SIM Card is lost or stolen.

  75. 7.3 Where you have bought Equipment from Vodacom you will own the title to the Equipment (other than any SIM Card embedded software) when Vodacom has received full payment from you of the amount in the invoice (or if the invoice is incorrect, full payment form you of the correct amount in relation to the Equipment). Until that time you must identify the Equipment as belonging to Vodacom.

  76. 7.4 If Vodacom supplies you with Equipment which is/becomes faulty (other than through your misuse) within the manufacturer's warranty period, you may return the Equipment to us at Vodacom’s cost and Vodacom will repair or replace (at Vodacom’s option) the Equipment within 28 days.  If Vodacom has replaced the Equipment with a better alternative Vodacom may at a later stage replace this with standard replacement Equipment meeting the agreed specification.

  77. 7.5 If you have caused the Equipment to become faulty or if the Equipment becomes faulty outside the manufacturer's warranty period Vodacom may provide a quote for the costs of the non-warranty repair Service or to Equipment replace.

  78. 7.6 If Vodacom provides you with Equipment or software made by Vodacom’s suppliers, where Vodacom receives warranties or guarantees in relation to that Equipment or software Vodacom will endeavour to pass the benefit of these to you to the extent Vodacom is permitted to do so by the suppliers, provided that Vodacom’s obligation to liaise with suppliers in respect of any warranty ends when this agreement ends. Vodacom have no obligation in relation to equipment which Vodacom do not directly supply to you.

  79. 7.7 You must only use Equipment which Vodacom supplies or which Vodacom has approved as compatible with the Network.

  80. 7.8 A One Net Express plus tariff plan will be sold with every Mobile deskphone provided to the Customer.  The customer has the choice between One Net Express Plus (small and medium).

  81. 7.9 One Net Express Plus is an extension of One Net Express and includes the following:

  82. • geographic number portability;
  83. • geographic number allocation; and 
  84. • a 3G desk phone

    1. 7.9.1 The One Net Express Plus tariff plans will be available on either a 24 month contract or a month to month contract at a monthly subscription fee as per the two rate plans called One Net Express Plus (small and medium).

    2. 7.9.2 All calls from the mobile desk phone will be billed in accordance with the One Net Express Plus tariff plans.

    3. 7.9.3 The voice bundles included in the One Net Express Plus tariff plans will be available for use for calls to any local network at any time of the day.

    4. 7.9.4 Vodacom reserves the right to charge for VOIP events on selected price plans and at applicable lodged rates.

    5. 7.9.5 More weekend minutes will be excluded from the One Net Express Plus tariff plans.

    6. 7.9.6 It is important for the customer to note that when porting in a geographic number that the geographic number used as a hunt group number will be provisioned to only allow incoming calls.  No MMS, SMS or calls can be made from a Geographic hunt group number.

    7. 7.9.7 You acknowledge that only Geographic Numbers are portable to and from Vodacom and that Vodacom cannot be held liable for any routing conflicts derived from other networks and revenue impacts derived from these conflicts.

    8. 7.9.8 Calls or connections to the following services will not consume from the bundle of minutes and will be billed at the rates applicable to the One Net Express Plus tariff plans:

    9. • Value added services
    10. • General service calls
    11. • International calls
    12. • Premium rated calls
    13. • Roaming services
    14. • Premium rated IVR
    15. • Premium rated dicon
    16. • Special short codes
    17. • Video IVR
    18. • International VAS and premium services
    19. • Travel talk
    20. • Conference calls
    21. • Call sponsor (sponsored calls are charged at the sponsored party’s prevailing tariff plan)

    22. 7.9.9 Intelligent call routing devices and bulk calling applications are not permitted on the One Net Express Plus tariff plans. If the SIM card us used in a location other than the mobile desk phone or other device to regularly make calls abusing the CUG benefit, the service will be suspended.

    23. 7.9.10 Unused SMS will be carried over for a period of one month.

    24. 7.9.11 The following services will not consume from the SMS bundle and will be billed at the rates applicable to the One Net Express Plus tariff plans:

    25. 7.9.12 International SMS

    26. 7.9.13 Premium rated SMS

    27. 7.9.14 Content services

    28. 7.9.15 VAS services

    29. 7.9.16 SMSes may not be used as part of any bulk SMS sending service for commercial or business purposes.

    30. 7.9.17 SMS bundles are not available to WASP and content providers and cannot be used for message sending.

    31. 7.9.18 If the SIM card is used in a fixed geographic location to regularly send bulk SMSes to multiple numbers, the service will be suspended immediately.

    32. 7.9.19 Vodacom reserves the right to amend all or any of the charges set out in the tariff plans by notice published in accordance with the provisions of the licence.

    33. 7.9.20 All charges referred to in the tariff plans are reflected as being net of and inclusive of VAT but net of any other tax, duty or similar charge payable thereon.

    34. 7.9.21 Migration will only be allowed between One Net Express Plus Small and One Net Express Plus Medium as the 3G deskphone is provisioned for these tariff plans and no other tariff plan.

    35. 7.9.22 Only 100% of the current month’s unused minutes will be carried over during migration
  85.  
  86.  
  87. 8 Changing charges and terms

  88. 8.1 Vodacom may change its Charges or introduce new Charges at any time. If Vodacom increases its Charges, it shall provide you with at least 14 days' written notice and you may have the right to end this agreement under clause 11 should you not accept the aforementioned increase. Vodacom can make changes to or withdraw Services at any time and Vodacom can make changes to or introduce new terms to this Agreement at any time. Vodacom will give you at least 30 days’ notice of these changes if Vodacom do and you may have a right to end this agreement under Clause 11.

  89. 8.2 Vodacom may need to change your mobile desk phone number or other number. Vodacom will let you know if this is the case.

  90. 8.3 You can apply to port the mobile and geographic number(s) relating to SIM Card(s) to another network or migrate the mobile and geographic number(s) to another service provider on the same network but Vodacom may charge you a reasonable administration fee per number in addition to any Charges for termination that may be applicable under Clause 11.

  91. 8.4 If the law changes or VAT or any other tax is increases, Vodacom can change the terms of this Agreement to comply with the law without your consent although Vodacom will try to inform you about the change before it occurs or otherwise within a reasonable time after it has been made.
  92.  
  93. 9 One Net Express minutes offered for calls within Closed User Group ,

  94. 9.1 As part of the One Net Express product offering each member of the closed user group shall be entitled to 500 free minutes per month to be used for On Net calling between the closed user group members associated to the company’s One Net Express service offering.

  95. 9.2 The usage of the 500 free minutes allocated to a closed user group member per month will be monitored by Vodacom and once depleted any further usage shall be charged to the end users prevailing tariff plan.

  96. 9.3 The 500 free minutes allocated to each closed user group member per month will not carry-over to subsequent months.

  97. 9.4 The onus is on you to ensure that your closed user group members are aware of clauses 9.1 to 9.3 above and agree to the content thereof prior to joining the closed user group. Any failure to do shall result in you being responsible for any costs incurred by your closed user group members over and above the allocated 500 free minutes per month that are due to Vodacom.

  98. 9.5 If an end user has call limit lock or soft and hard lock set on their profile, the end user will not have access to use its 500 CUG minutes once this limit has been reached.
  99.  
  100. 10 Suspending the services

  101. 10.1 Vodacom may suspend or restrict use of any of the Services (other than emergency services) by you and/or any End User(s) if:

    1. 10.1.1 Vodacom believes that your equipment (including Equipment Vodacom supply to you) or the Service is being used in a way contrary to the provisions of this agreement;

    2. 10.1.2 you or your End User(s) have not complied with the requirements in this agreement (for example, you fail to pay any Charges when due);

    3. 10.1.3 Vodacom has asked you for a deposit or part payment which you have not paid;

    4. 10.1.4 In Vodacom’s considered view you entered into this agreement fraudulently;

    5. 10.1.5 In Vodacom’s considered view you and/or your End User(s) have or are likely to use any number, Equipment or Services in an unauthorised, illegal, or fraudulent way;

    6. 10.1.6 you tell us that your Equipment has been lost or stolen;

    7. 10.1.7 you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made  or a receiver is appointed over any of your assets;

    8. 10.1.8 you and/or your End Users do anything (or allow anything to be done) which in Vodacom’s considered view may damage or affect the operation of the Vodacom Network; or

    9. 10.1.9 the emergency services tell us to, or a law or regulation is passed which means Vodacom need to do so;

  102. 10.2 Vodacom may suspend or restrict the Services to carry out necessary planned maintenance services or during any technical failure of the Network or Services where it is necessary to safeguard the security and integrity of the same or where Vodacom are obliged by law to do so to comply with emergency planning measures provided that in each case Vodacom will aim to keep all service suspensions to a minimum.

  103. 10.3 When Vodacom suspends or restricts your use of the Service, this agreement will continue and you will still have to pay all Charges due during any period when Vodacom suspend or restrict the Services.

  104. 10.4 If Vodacom suspends the Service due to your non-payment and Vodacom have subsequently agreed (in its own discretion) to reactivate the Service following your request, Vodacom may charge you a reasonable administration charge in addition to all arrears.

  105. 10.5 If Vodacom suspends the Service to an End User or you, due to the End-User’s failure to use the Services in accordance with this Agreement where, Vodacom may reinstate the Service(s) to that End User following remedy of the End User's default subject to the payment of a reasonable administration charge.
  106.  
  107. 11 Termination of this agreement

  108. 11.1 Subject to clause 11.7, either party may terminate this agreement by giving the other 30 days’ notice in writing. You shall pay the Charges during the notice period.

  109. 11.2 Any member of the closed user group shall also be entitled to cancel the service on 30 (thirty) days prior written notice to Vodacom and the Customer.

  110. 11.3 You may end this agreement in its entirety or part only insofar as it relates to the Services delivered in respect of a particular number by writing to Vodacom if Vodacom materially breach this Agreement and cannot correct the situation within 14 days of you telling us about the breach;

  111. 11.4 Vodacom may end this agreement at any time by writing to you if:

    1. 11.4.1 you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or an administrator appointed over any or all of your assets (in which event Vodacom do not have to give notice to you);

    2. 11.4.2 you do anything (or allow anything to be done) which in Vodacom’s considered view may damage or affect the operation of the Network;

    3. 11.4.3 you materially breach this Agreement and do not correct the situation within 7 days of Vodacom informing you about the breach (examples of material breach include your failure to pay the Charges when they are due, your breach of any software licence and where Vodacom have repeatedly suspended provision of the Services to you or your End Users for cause, use of a geographic number(s) outside of its allocated geographic area code, etc.); or

    4. 11.4.4 Vodacom is permanently unable to provide the Services to you.

  112. 11.5 When this agreement comes to an end:

    1. 11.5.1 Vodacom will disconnect your Equipment from its Network;

    2. 11.5.2 you will have to pay immediately all Charges you owe Vodacom on the date Vodacom disconnects your Equipment from the Network;

    3. 11.5.3 you and your End Users must stop using (and remove from your systems and return to us) any software which Vodacom has licensed to you (except software which is embedded within any Equipment Vodacom has supplied which belongs to you); and

    4. 11.5.4 you must stop using the Service Vodacom has provided to you.

  113. 11.6 If this agreement comes to an end and you have not terminated this agreement in terms of clause 11.1, you will have to pay to Vodacom immediately (as one lump sum) for the One Net Express service Charges left for the rest of the contract period.

  114. 11.7 If this agreement ends for any reason other than Vodacom’s breach, Vodacom may immediately enter your premises without prior notice to recover Equipment which belongs to Vodacom and you will not re-sell or transfer possession of Equipment to any third party until you have paid Vodacom in full all amounts due to Vodacom under this agreement.

  115. 11.8 If you end this agreement before the end of the month (other than under clause 11.3), you must still pay all the line-rental Charges and monthly access fees left for the rest of the contract period.

  116. 11.9 If you end this agreement before the end of the period under clause 11.3 or Vodacom end the Agreement under clause 11.1, you will only have to pay the Charges you already owe to Vodacom.

  117. 11.10 You may terminate an End User’s use of the Services (without terminating this agreement) by giving Vodacom 30 days notice in writing to Vodacom. Where this occurs prior to the end of the contract period or such End User’s Term per New User, you will have to pay the line-rental charges left for the rest of the contract period or such End User’s Term per New User.
  118.  
  119. 12 Liability and exclusions

  120. 12.1 Vodacom’s maximum liability for all claims relating to the Service or Equipment provided under this agreement whether for breach of contract or in tort, including negligence will be limited to 100% of the Charges paid or payable in the twelve months prior to the date of the Claim.

  121. 12.2 Vodacom shall provide the Service with reasonable skill and care but Vodacom exclude all liability for breach of warranties, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

  122. 12.3 Vodacom will not be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the terms of this Agreement; nor any direct or indirect loss of business, revenue, profits, goodwill, use, data, compensation, ex gratia payment or other economic advantage however they arise, whether in breach of contract (including repudiatory breach) breach of warranty or in tort, including negligence, and even if Vodacom have previously been advised of the possibility of such damages or whether such liability could be assumed to be our responsibility.

  123. 12.4 Vodacom will not be legally responsible to you if Vodacom cannot provide the Service because of something outside of our reasonable control or where Vodacom are reliant on third party suppliers. 

  124. 12.5 If you use the Service to make an emergency call, the caller location information that is provided to the emergency services may not be the location from which the call is made, which may delay the emergency services’ response to the call. It is your responsibility to make your End Users aware of the contents of this clause 12.
  125.  
  126. 13 Vodacom’s intellectual property rights

  127. 13.1 This agreement shall not operate as an assignment to either of the parties hereto of any copyright, registered design, trade mark or other proprietary right as may subsist in the other party hereto.

  128. 13.2 Neither of the parties hereto shall be entitled to use or reproduce the trademarks of the other, without that other party’s prior written approval.

  129. 13.3 Nothing contained in this agreement shall be construed so as to confer any copyright or other intellectual property rights in respect of any particular Service provided by Vodacom.
  130.  
  131. 14 Personal information

  132. 14.1 If you provide Vodacom with personal data (for example relating to End Users), you must ensure that it is accurate, up to date and that you have obtained consent from the individuals (for example your End User(s)) to provide the data to Vodacom (and where appropriate our suppliers and subcontractors) and to allow Vodacom to use the data to perform its obligations under this Agreement, provide the Equipment and Services and (if you or they have not objected) for direct marketing of Vodacom’s other products and services to you and to those individuals.

  133. 14.2 Vodacom and any Vodacom group members may use your information (including where applicable personal information you provide to Vodacom) to comply with legal requirements and to:

    1. 14.2.1 manage your account, carry out customer-care activities and train our staff;

    2. 14.2.2 monitor the quality and security of the Network and test and maintain our IT systems; and

    3. 14.2.3 protect us, and our brand, from activities that might cause loss or damage;

    4. 14.2.4 analyse and improve Equipment and Services.

    5. 14.3 Vodacom may monitor or record calls, emails or text messages made to, or by Vodacom, for our business purposes such as to:

    6. 14.3.1 improve customer service;

    7. 14.3.2 carry out quality-control exercise;

    8. 14.3.3 train our staff;

    9. 14.3.4 prevent unauthorised use of our telecommunications system; and

    10. 14.3.5 make sure Vodacom have effective systems in place to prevent or detect crime.

  134. 14.4 Before granting credit, Vodacom may search the files of one or more credit reference agencies which will keep a record of that search. Vodacom may also disclose details about your conduct of the account to that credit reference agency (or agencies). Any information held will only be used to help to make credit decisions affecting you, or occasionally for fraud prevention or tracing debtors.

  135. 14.5 Vodacom may disclose to its dealers any information you provide to Vodacom, including any billing information to enable the dealer to proactively manage your account. Vodacom may also disclose information relating to you and your End Users to:

    1. 14.5.1 financial agencies (for debt collection, credit references or fraud monitoring);

    2. 14.5.2 Vodacom’s suppliers (where their products or services support or form part of the Equipment or Services Vodacom supplies to you);

    3. 14.5.3 legal or regulatory authorities, government or security agencies;

    4. 14.5.4 our group companies;

    5. 14.5.5 any third parties (where Vodacom reasonably believe disclosure is necessary) to enable Vodacom to fulfil our obligations under this Agreement; and

    6. 14.5.6 any third party management agency Vodacom notifies you of.

  136. 14.6 Vodacom does not include your details in any directory or directory enquiry service. If you want to have your information included in these Services, you should contact Vodacom.

  137. 14.7 You are required to obtain the consent of your employees as required by law in terms of sharing of personal information which will be included in your reports. You must have the necessary authority to collect this information.
  138.  
  139. 15 Confidentiality

  140. 15.1 Other than in the normal course of its business, neither party shall without the prior consent of the other disclose or publish for any purposes the terms of this agreement, or disclose, publish or make use of for its own or any purposes any confidential information concerning the other which may come to its knowledge as a result of the discussions leading to this agreement, or anything done pursuant to it, provided that this provision shall not apply to the disclosure or publication for the purpose of any legal proceedings or arbitration to which the signatories hereto may be a party, or where such confidential information has already been disclosed or published to the general public (other than as a result of a previous unauthorised disclosure publication or use for its own purpose by either of the parties), and for the avoidance of doubt this clause shall remain in full force and effect notwithstanding the termination of this agreement howsoever caused.

  141. 15.2 The parties agree that non-compliance by a party hereto with clause 15.1 above will constitute an action for breach of a duty of confidence owed to the other party hereto.
  142.  
  143. 16 Credit-reference and fraud-prevention agencies

  144. 16.1 You may ask Vodacom for information about how Vodacom uses your details for credit checking when you take out this agreement. Vodacom will also release, to credit-reference agencies and fraud-prevention agencies, details of your agreement with Vodacom including any change of address, payments you make, account balances, missed payments, disputes and queries. Vodacom, and other organizations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. Vodacom may also use any information Vodacom hold to trace debts and assess claims. If you do not pay us in full and on time, Vodacom may inform credit-reference agencies who will record the debt.

  145. 16.2 For more details on how Vodacom uses your information, please see our privacy policy on the Vodacom website: www.vodacom.co.za . If you want to contact Vodacom about anything to do with your personal information, please call Vodacom’s customer care
  146.  
  147. 17 General

  148. 17.1 Vodacom may transfer this agreement to anyone at any time. You may not transfer this agreement to anyone unless Vodacom has agreed in writing beforehand. Vodacom will not unreasonably refuse a request to transfer this agreement. Except for any rights Vodacom’s suppliers have as licensors of software supplied to you under a software licence, no other third party may benefit from or enforce this agreement. Please contact Vodacom if you want to transfer your SIM Card(s) or Equipment to someone else within your organisation (subject to a satisfactory credit check).

  149. 17.2 Vodacom may perform some or all of its obligations under this agreement by using sub-contractors or through any company in the Vodacom Group.

  150. 17.3 You and Vodacom acknowledge that neither you nor Vodacom have entered into this Agreement relying on any non-fraudulent statement which is not expressed in this Agreement.

  151. 17.4 You and Vodacom shall not make any public announcement regarding this agreement unless Vodacom have agreed with you otherwise although Vodacom may include you in our generic list of customers which Vodacom may publish from time to time.

  152. 17.5 If you or Vodacom fail to enforce its rights under this agreement, nothing will prevent you or Vodacom from taking further action.

  153. 17.6 Vodacom may apply any payment which you owe to Vodacom against any payment which Vodacom owes to you under this agreement or any other agreement. You shall not make any deductions from amounts which you owe to Vodacom.

  154. 17.7 Vodacom will send you notices by post, voicemail, text or other form of electronic message. Vodacom will treat you as having received the notices 48 hours after Vodacom has sent them. Vodacom will send all invoices by e-mail unless you request otherwise and cover the cost of any other means of delivery. You must tell us about any changes to your address. You must send us notices by post or email to our address shown on the invoice.

  155. 17.8 This agreement shall be deemed to have been made under the laws of the Republic of South Africa and shall be read, construed and given effect in accordance with the laws of South Africa other than the necessary enforcement of judgement in any other country.

  156. 17.9  The parties hereto hereby submit to the jurisdiction of the South Gauteng High Court.

  157. 17.10 If a dispute arises between the parties in relation to this agreement then you and Vodacom shall use all best endeavours to resolve the dispute within seven (7) days (or such shorter time as is reasonable in the circumstances) from the date of the dispute being raised. If the parties are unable to resolve the dispute within such time then the parties agree to escalate the dispute to senior managers or their equivalent. If the parties are still unable to resolve the within seven (7) days after the escalation to senior managers then the parties agree to act in good faith to seek to agree whether the dispute should be settled through mediation provided that if no such agreement is reached or if the parties are unable to resolve the dispute through mediation then either party may commence proceedings in the South Gauteng High Court.
  158.  
  159. 18 Definitions

  160. Business Day – means any day (other than a Saturday or a Sunday or Government specified public holiday) within the Republic of South Africa.

  161. Charge - One Net Express Subscription fee, including connection Fees, fees for Equipment, software license fees, call fees, airtime fees and all other fees payable by you for use of the Services.

  162. Codes of Practice - All guidelines governing use or provision of mobile telecommunications and data services,  adopted by Vodacom from time to time, and all instructions, regulations or guidance issued by the Regulatory Authorities, whether or not mandatory.

  163. Commencement Date - the date that Vodacom starts providing the Services to you.

  164. Commercial Terms – the Commercial Terms and Charges set out in the Order Form.

  165. Connection - A Vodacom SIM Card  connection that has been configured to attach to the Network or Fixed Line Network in a specific geographic area with a price plan or SOC associated with it so that End User can user and be charged for Services supplied under the Commercial Terms.

  166. ECA- means the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended from time to time

  167. End User - A person using Equipment or a Service, who is your employee or contractor.

  168. Equipment - Any tangible material, but not a SIM Card, supplied by Vodacom, to Customer, or connected to the Network on Customer’s behalf, such as a mobile phone desk phone, a connecting cable or a power supply.

  169. Force Majeure - Any cause beyond a party’s reasonable control including without limitation, acts of God, war, fire, flood or other accident, strike, lockouts, delays in transport, material shortages, failures or fluctuations in electric power or telecommunications services or equipment, restrictions or prohibitions of any government or semi-government authority.
  170. New User an additional End User who starts using the services after the Commencement Date.

  171. Order Form - The document setting out the agreed commercial terms relating to Vodacom’s provision of Equipment and/or Services, which incorporates the Service terms and conditions and these General Terms.

  172. Intellectual Property Rights - means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, right in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, performance property rights, rights in computer software, database right, topography rights, rights in confidential information and any other Intellectual Property Rights, in each case which registered or unregistered and including all applications for, and renewals or extensions of, these rights, and all similar or equivalent rights or forms or protection in any part of the world.

  173. ICASA - means the Independent Communications Authority of South Africa, established in terms of the provisions of the Independent Communications Authority of South Africa, 2000 (Act No. 13 of 2000), or its successor in tile.

  174. Network –means an electronic communication network as defined in ECA.

  175. One Net Express -the Vodacom’s service called One Net Express that integrates your fixed line and mobile voice services and fixed line data services, delivering a converged communications experience

  176. Overseas Networks - Telecommunication systems outside of the Republic of South Africa used (but not controlled) by Vodacom in providing the Services.

  177. Service(s) – the Vodacom One Net Express Service provided pursuant to this Agreement and any other service supplied to you pursuant to the relevant Service Specific Terms.
  178. Service Description the service description relating to One Net Express as applicable as provided to you and as amended from time to time.

  179. Service Specific Terms - A schedule that sets out service specific information such as terms and conditions, specifications and other technical information.

  180. SIM Card - A subscriber identity module card, which is an electronic memory device for storing user specific data to allow controlled and secure use of Equipment on the Network.

  181. Software - A machine executable computer program, software module or software package or any part thereof (in object code only), supplied by Vodacom or its licensors to you irrespective of how it is stored or executed.

  182. Software License - The terms and conditions that prescribe how you shall use Software and set out the rights of the Software owner/licensor and the Software user in relation to such Software.

  183. Solution Design - the solution designed prepared for a customer for the provision of One Net Express.

  184. 13.1 This agreement shall not operate as an assignment to either of the parties hereto of any copyright, registered design, trade mark or other proprietary right as may subsist in the other party hereto.

  185. 13.2 Neither of the parties hereto shall be entitled to use or reproduce the trademarks of the other, without that other party’s prior written approval.

  186. 13.3 Nothing contained in this agreement shall be construed so as to confer any copyright or other intellectual property rights in respect of any particular Service provided by Vodacom.
  187.  
  188. 14 Personal information

  189. 14.1 If you provide Vodacom with personal data (for example relating to End Users), you must ensure that it is accurate, up to date and that you have obtained consent from the individuals (for example your End User(s)) to provide the data to Vodacom (and where appropriate our suppliers and subcontractors) and to allow Vodacom to use the data to perform its obligations under this Agreement, provide the Equipment and Services and (if you or they have not objected) for direct marketing of Vodacom’s other products and services to you and to those individuals.

  190. 14.2 Vodacom and any Vodacom group members may use your information (including where applicable personal information you provide to Vodacom) to comply with legal requirements and to:

  191. 14.2.1 manage your account, carry out customer-care activities and train our staff;

    1. 14.2.2 monitor the quality and security of the Network and test and maintain our IT systems; and

    2. 14.2.3 protect us, and our brand, from activities that might cause loss or damage;

    3. 14.2.4 analyse and improve Equipment and Services.
  192. 14.3 Vodacom may monitor or record calls, emails or text messages made to, or by Vodacom, for our business purposes such as to:

    1. 14.3.1 improve customer service;

    2. 14.3.2 carry out quality-control exercise;

    3. 14.3.3 train our staff;

    4. 14.3.4 prevent unauthorised use of our telecommunications system; and

    5. 14.3.5 make sure Vodacom have effective systems in place to prevent or detect crime.

  193. 14.4 Before granting credit, Vodacom may search the files of one or more credit reference agencies which will keep a record of that search. Vodacom may also disclose details about your conduct of the account to that credit reference agency (or agencies). Any information held will only be used to help to make credit decisions affecting you, or occasionally for fraud prevention or tracing debtors.

  194. 14.5 Vodacom may disclose to its dealers any information you provide to Vodacom, including any billing information to enable the dealer to proactively manage your account. Vodacom may also disclose information relating to you and your End Users to:

    1. 14.5.1 financial agencies (for debt collection, credit references or fraud monitoring);

    2. 14.5.2 Vodacom’s suppliers (where their products or services support or form part of the Equipment or Services Vodacom supplies to you);

    3. 14.5.3 legal or regulatory authorities, government or security agencies;

    4. 14.5.4 our group companies;

    5. 14.5.5 any third parties (where Vodacom reasonably believe disclosure is necessary) to enable Vodacom to fulfil our obligations under this Agreement; and

    6. 14.5.6 any third party management agency Vodacom notifies you of.

  195. 14.6 Vodacom does not include your details in any directory or directory enquiry service. If you want to have your information included in these Services, you should contact Vodacom.

  196. 14.7 You are required to obtain the consent of your employees as required by law in terms of sharing of personal information which will be included in your reports. You must have the necessary authority to collect this information.
  197.  
  198. 15 Confidentiality

  199. 15.1 Other than in the normal course of its business, neither party shall without the prior consent of the other disclose or publish for any purposes the terms of this agreement, or disclose, publish or make use of for its own or any purposes any confidential information concerning the other which may come to its knowledge as a result of the discussions leading to this agreement, or anything done pursuant to it, provided that this provision shall not apply to the disclosure or publication for the purpose of any legal proceedings or arbitration to which the signatories hereto may be a party, or where such confidential information has already been disclosed or published to the general public (other than as a result of a previous unauthorised disclosure publication or use for its own purpose by either of the parties), and for the avoidance of doubt this clause shall remain in full force and effect notwithstanding the termination of this agreement howsoever caused.

  200. 15.2 The parties agree that non-compliance by a party hereto with clause 15.1 above will constitute an action for breach of a duty of confidence owed to the other party hereto.
  201.  
  202. 16 Credit-reference and fraud-prevention agencies

  203. 16.1 You may ask Vodacom for information about how Vodacom uses your details for credit checking when you take out this agreement. Vodacom will also release, to credit-reference agencies and fraud-prevention agencies, details of your agreement with Vodacom including any change of address, payments you make, account balances, missed payments, disputes and queries. Vodacom, and other organizations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. Vodacom may also use any information Vodacom hold to trace debts and assess claims. If you do not pay us in full and on time, Vodacom may inform credit-reference agencies who will record the debt.

  204. 16.2 For more details on how Vodacom uses your information, please see our privacy policy on the Vodacom website: www.vodacom.co.za . If you want to contact Vodacom about anything to do with your personal information, please call Vodacom’s customer care
  205.  
  206. 17 General

  207. 17.1 Vodacom may transfer this agreement to anyone at any time. You may not transfer this agreement to anyone unless Vodacom has agreed in writing beforehand. Vodacom will not unreasonably refuse a request to transfer this agreement. Except for any rights Vodacom’s suppliers have as licensors of software supplied to you under a software licence, no other third party may benefit from or enforce this agreement. Please contact Vodacom if you want to transfer your SIM Card(s) or Equipment to someone else within your organisation (subject to a satisfactory credit check).

  208. 17.2 Vodacom may perform some or all of its obligations under this agreement by using sub-contractors or through any company in the Vodacom Group.

  209. 17.3 You and Vodacom acknowledge that neither you nor Vodacom have entered into this Agreement relying on any non-fraudulent statement which is not expressed in this Agreement.

  210. 17.4 You and Vodacom shall not make any public announcement regarding this agreement unless Vodacom have agreed with you otherwise although Vodacom may include you in our generic list of customers which Vodacom may publish from time to time.

  211. 17.5 If you or Vodacom fail to enforce its rights under this agreement, nothing will prevent you or Vodacom from taking further action.

  212. 17.6 Vodacom may apply any payment which you owe to Vodacom against any payment which Vodacom owes to you under this agreement or any other agreement. You shall not make any deductions from amounts which you owe to Vodacom.

  213. 17.7 Vodacom will send you notices by post, voicemail, text or other form of electronic message. Vodacom will treat you as having received the notices 48 hours after Vodacom has sent them. Vodacom will send all invoices by e-mail unless you request otherwise and cover the cost of any other means of delivery. You must tell us about any changes to your address. You must send us notices by post or email to our address shown on the invoice.

  214. 17.8 This agreement shall be deemed to have been made under the laws of the Republic of South Africa and shall be read, construed and given effect in accordance with the laws of South Africa other than the necessary enforcement of judgement in any other country.

  215. 17.9  The parties hereto hereby submit to the jurisdiction of the South Gauteng High Court.

  216. 17.10 If a dispute arises between the parties in relation to this agreement then you and Vodacom shall use all best endeavours to resolve the dispute within seven (7) days (or such shorter time as is reasonable in the circumstances) from the date of the dispute being raised. If the parties are unable to resolve the dispute within such time then the parties agree to escalate the dispute to senior managers or their equivalent. If the parties are still unable to resolve the within seven (7) days after the escalation to senior managers then the parties agree to act in good faith to seek to agree whether the dispute should be settled through mediation provided that if no such agreement is reached or if the parties are unable to resolve the dispute through mediation then either party may commence proceedings in the South Gauteng High Court.
  217.  
  218. 18  Definitions

  219.  
  220. Business Day – means any day (other than a Saturday or a Sunday or Government specified public holiday) within the Republic of South Africa.
  221.  
  222. Charge - One Net Express Subscription fee, including connection Fees, fees for Equipment, software license fees, call fees, airtime fees and all other fees payable by you for use of the Services.
  223.  
  224. Codes of Practice - All guidelines governing use or provision of mobile telecommunications and data services,  adopted by Vodacom from time to time, and all instructions, regulations or guidance issued by the Regulatory Authorities, whether or not mandatory.
  225.  
  226. Commencement Date - the date that Vodacom starts providing the Services to you.
  227.  
  228. Commercial Terms – the Commercial Terms and Charges set out in the Order Form.
  229.  
  230. Connection - A Vodacom SIM Card  connection that has been configured to attach to the Network or Fixed Line Network in a specific geographic area with a price plan or SOC associated with it so that End User can user and be charged for Services supplied under the Commercial Terms.

  231. ECA- means the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended from time to time
  232.  
  233. End User - A person using Equipment or a Service, who is your employee or contractor.
  234.  
  235. Equipment - Any tangible material, but not a SIM Card, supplied by Vodacom, to Customer, or connected to the Network on Customer’s behalf, such as a mobile phone desk phone, a connecting cable or a power supply.
  236.  
  237. Force Majeure - Any cause beyond a party’s reasonable control including without limitation, acts of God, war, fire, flood or other accident, strike, lockouts, delays in transport, material shortages, failures or fluctuations in electric power or telecommunications services or equipment, restrictions or prohibitions of any government or semi-government authority.
  238. New User an additional End User who starts using the services after the Commencement Date.
  239.  
  240. Order Form - The document setting out the agreed commercial terms relating to Vodacom’s provision of Equipment and/or Services, which incorporates the Service terms and conditions and these General Terms.
  241.  
  242. Intellectual Property Rights - means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, right in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, performance property rights, rights in computer software, database right, topography rights, rights in confidential information and any other Intellectual Property Rights, in each case which registered or unregistered and including all applications for, and renewals or extensions of, these rights, and all similar or equivalent rights or forms or protection in any part of the world.
  243.  
  244. ICASA - means the Independent Communications Authority of South Africa, established in terms of the provisions of the Independent Communications Authority of South Africa, 2000 (Act No. 13 of 2000), or its successor in tile.
  245.  
  246. Network –means an electronic communication network as defined in ECA.
  247. One Net Express -the Vodacom’s service called One Net Express that integrates your fixed line and mobile voice services and fixed line data services, delivering a converged communications experience
  248.  
  249. Overseas Networks - Telecommunication systems outside of the Republic of South Africa used (but not controlled) by Vodacom in providing the Services.
  250.  
  251. Service(s) – the Vodacom One Net Express Service provided pursuant to this Agreement and any other service supplied to you pursuant to the relevant Service Specific Terms.
  252. Service Description the service description relating to One Net Express as applicable as provided to you and as amended from time to time.

  253. Service Specific Terms - A schedule that sets out service specific information such as terms and conditions, specifications and other technical information.
  254.  
  255. SIM Card - A subscriber identity module card, which is an electronic memory device for storing user specific data to allow controlled and secure use of Equipment on the Network.
  256.  
  257. Software - A machine executable computer program, software module or software package or any part thereof (in object code only), supplied by Vodacom or its licensors to you irrespective of how it is stored or executed.
  258.  
  259. Software License - The terms and conditions that prescribe how you shall use Software and set out the rights of the Software owner/licensor and the Software user in relation to such Software.
  260.  
  261. Solution Design - the solution designed prepared for a customer for the provision of One Net Express.