This block is broken or missing. You may be missing content or you might need to enable the original module.

Vodacom Corporate Device Theft Insurance Policy

Vodacom Corporate Device Theft Insurance Policy

Vodacom Corporate Device Theft Insurance Policy

These are the terms and conditions of Your Vodacom Corporate Device Theft Insurance cover. It is important that You read and keep this document in a safe place. The insurer is Vodacom Insurance Company (RF) Limited, a registered insurance company. Finrite Administrators (Pty) Ltd, an authorised financial services provider, has been appointed to administer this Policy.

Operative Clause

Vodacom Insurance Company (RF) Limited (The Insurer) agrees to provide insurance in terms of this Policy during any period of insurance for which it accepts a premium. . This specific cover is limited to THEFT only claims. This means that in the event that your Device is stolen, we will replace Your Device with a new device of the same or similar type, subject to the terms and conditions of this policy.

Please note that this cover does NOT cover Loss or Accidental Damage. If your Device is damaged or Lost, you will not be covered by this policy.

Definitions

  1. "Accident" means known and identifiable unintended sudden and unforeseen event. “Accidental” has the corresponding meaning.
  2. "Accidental Damage" means physical damage or destruction of the Device caused by an Accident.
  3. "Device" means the Cellphone or Laptop & Tablet identified via the International Mobile Equipment Identity number or via the serial number, which is used by the Authorised User and specified as the item insured under this Policy.
  4. "Authorised User" refers to the person nominated by You to use the Device insured under this Policy.
  5. "Contract Subscriber" means a Vodacom customer or business entity who has entered into a Subscriber Agreement with Vodacom.
  6. "Cooling-off period" means the period of 30 (thirty) days from inception of this Policy during which you are entitled to cancel this insurance Policy, by sending Us written cancellation notice or by phoning Us at 082 1952.
  7. "Loss" means the sudden and unforeseen physical loss of the Device. “Lost” has the corresponding meaning.
  8. "Maximum Limit of Indemnity" means the maximum amount that We will pay out and will not be greater than the Sum Insured as defined, at the time of Theft.
  9. "Policy" means this agreement between You and Vodacom Insurance Company (RF) Limited, together with the schedule hereto.
  10. "Policyholder", "You", "Your" is the business entity in whose name the Policy is issued.
  11. "SIM Card" means the SIM Card encoded with the cellular telephone number issued in terms of the Vodacom Subscriber Agreement.
  12. "Subscriber Agreement" means the contract entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your Device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  13. "Sum Insured" means the retail price of the Device inclusive of VAT at the time of Theft.
  14. "Theft" or "Stolen" means the unlawful act of taking possession of the Device with the intention of permanently depriving the Customer of that Device.
  15. "Unauthorised Usage" means charges for SMS, calls or data incurred as a direct result of Theft of Your Device.
  16. "Vodacom" means Vodacom (Pty) Ltd
  17. "We", "Us" refers to the insurer, Vodacom Insurance Company (RF) Limited or the administrator, Finrite Administrators (Pty) Ltd, as applicable.

IT IS VERY IMPORTANT TO NOTE THAT:

YOUR CLAIM WILL NOT BE PAID IF THE VODACOM SIM CARD ISSUED IN TERMS OF THE SUBSCRIBER AGREEMENT IS NOT IN USE WITH THE INSURED DEVICE AT THE TIME OF THEFT.

What are you covered for

Your specific cover is limited to Theft only claims. This means that in the event that your Device is Stolen, you will be will be covered in terms of this policy subject to the terms and conditions. Please note that if your Device is Damaged you will not be covered. It is important to note that Loss of the insured Device is Not covered under this policy.

  1. Theft Cover – It is applicable to the insured Device
    1. If your Device is Stolen, We will replace Your Device with a new device of the same or similar type, subject to the Maximum Limit of Indemnity.
    2. We will not replace Your Device with a more expensive model if Your model is still available.
  1. Summary of Benefit Options and Cover:
 

Your Specific Cover

Other Cover Options Available

 

Theft Insurance

Accidental Damage Insurance

Comprehensive Cellphone Insurance

Accidental Damage

No

Yes

Yes

Theft

Yes

No

Yes

Loss

No

No

Yes

  • As an added benefit You will be covered for world-wide trips for up to 30 days per trip travelling abroad, as long as Your Device is in use with Vodacom SIM listed on the attached schedule. You will need to activate roaming in order to enjoy this benefit.
  • In the event of a successful claim, We will replace your Device at our option. We will not pay out a cash settlement.

What are you not covered for

  1. Any sudden and/or unforeseen physical Loss of the insured Device.
  2. Accidental Damage or destruction of the Device caused by an Accident or any unforeseen event
  3. Theft while Your insured Device is being used with any other SIM Card which was not issued in terms of the Subscriber Agreement.
  4. Any claim where there was no usage on the Vodacom SIM Card issued in terms of the Subscriber Agreement that is used together with the insured Device, for a period of 7 (seven) days prior to date of Theft.
  5. Loss or damage resulting from political or non-political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).
  6. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching of outer casings, aerials or keypads.
  7. Any consequential loss or damage.
  8. Any claim arising from abuse, misuse or neglect of the insured Device.
  9. Loss or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract or warranty.
  10. Loss of or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.
  11. Loss of data, personalised ringtones or graphics, downloaded material and apps or software.
  12. Any claim in respect of any additional equipment or accessories , including but not restricted to carrying cases, battery chargers, hands-free kit, external antennae or car kits.
  13. Theft of the insured Device that was not reported to the police within 48 (forty-eight) hours after it was Stolen.

How to Claim

  • If the insured Device is Stolen or damaged You must report the claim to Us as soon as possible after the occurrence of the event, and this must be within 30 (thirty) days of the claim event occurring.
  • In the event that Your Device is Stolen You MUST:
    • Report this to the South African Police Services within 48 (forty-eight) hours and obtain a case number;
    • In the event of cellphones, laptops or tablets, block the SIM Card listed on the Policy by phoning 082 111.
    • In the event of cellphones, laptops or tablets, blacklist the Device and obtain an I.T.C. reference number by phoning 082 111.
  • Obtain a claim form by phoning 082 1952 or by visiting your nearest Vodacom dealer. A claim form must be completed and sent to Us within 30 (thirty) days of the claim occurring, containing all the necessary information as indicated above.
  • You must submit the completed claims form to [email protected]
  • You must give all reasonable assistance in the recovery of the Stolen Device and identification thereof.
  • If We paid Your claim in respect of a Stolen Device, and Your Device is recovered, the recovered Device becomes Our property. Our property and must be handed to the Vodacom dealer that provided Your replacement device.
  • In the event of Your claim being the subject of a dispute or is rejected by Us You may make representation to Us using the following email address: [email protected]. If You are still dissatisfied with the outcome of Your claim, You are entitled to approach the Short Term Insurance Ombudsman at: 
  • You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from Us to lodge such representation.  In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.
  • Should You fail to collect a Device which has been replaced within 60 (sixty) days from date of Loss, You will forfeit the claim and the Device will be sold or returned to stock to defray expenses.
  • If Your premiums in respect of this Policy are in arrears all outstanding premiums must be paid in order for Us to assess a claim.

Excess payable by You when claiming

  • The excess: The excess is the first amount payable by You and is set out below.

All Products

Claim

Excess payable by You

Replace with a new Device

First claim by the Authorised User in 12 months

10% of Replacement Cost

Second claim by the Authorised User in 12 months

15% of Replacement Cost

Third or more claims by the Authorised User in 12 months

20% of Replacement Cost

  • If the replacement cost of the Device is greater than the Maximum Limit of Indemnity, You will have to pay the difference.

What must you remember?

This Policy only covers the insured Device, used together with the Vodacom SIM Card issued in terms of the Subscriber Agreement.  It is Your responsibility to let Us know in writing by emailing us at [email protected] or by phoning Us on 082 1952, if You are changing or upgrading Your Device insured under this Policy.  In such instances this may lead to a new Policy, a change in premium and benefits and Policy terms and conditions.

General conditions

  1. Other insurance:

If the insured Device is covered for Theft by any other insurance Policy, We shall only be liable for a pro rata portion of the claim excluding the excess which is payable by you.

  1. Cancellation of the Policy
  • If You decide to cancel Your Policy within the 30 (thirty) day Cooling-off period, We will refund any premiums You have made. This will not apply if the insurer has already been notified of a claim.
  • If You cancel Your Policy at any time after the Cooling-off period, premiums paid will not be refunded to You as You would have had the benefit of cover.
  • All cancellation requests must be made in writing and emailed to [email protected] or by phoning Us on 082 1952.
  • Your Policy will automatically terminate if You received cover for a specified period as part of a Vodacom Deal and You have reached the end of this period.
  • If Your SIM Card is barred, soft locked or disconnected by Vodacom, the cover provided by Your Policy will be suspended until such time as Vodacom reinstates Your service.
  • We have the right to cancel Your Policy subject to 30 (thirty) days’ notice, either in writing or telephonically.
  1. No rights to other persons

You may not transfer any rights under this Policy to any third party.

  1. Changes to Your Policy

We have the right to amend Your premium and terms and conditions at any time subject to 30 (thirty) days written notice.

  1. Premiums
  • Your Policy remains in force for as long as Your premiums are paid.
  • In the event that Your premiums are not paid You MUST pay within 30 (thirty) days from the date the premium was due to maintain Your Policy.
  • If no premium is received within that time Your Policy will be cancelled retrospectively.
  • All premiums must be paid in full before any claim is investigated.
  • We have the right to change Your premium at any time subject to 30 (thirty) days written notice to You.
  • If Your Subscriber Agreement goes into arrears your insurance Policy will be impacted and may be terminated. Vodacom will inform You when your Subscriber Agreement goes into arrears. At such time you are required to contact Us to make alternate arrangements for premium payment.
  1. Duty to safeguard Your Cellphone

You shall at all times take reasonable steps to safeguard the insured Device(s) from Theft.

  1. Misrepresentation, non-disclosure or false declaration
  • Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer. In such an event:
    • You will be liable to reimburse any amounts paid to You under this Policy to Us; and
    • We will not be obliged to pay any claim lodged under this Policy.
  • If there are false declarations made at the time of claiming which results in fraud, all benefits under this Policy shall be forfeited and Your Policy will be cancelled with immediate effect.

Report all claims to:

Scheme Administrator

Finrite Administrators (Pty) Ltd

Tel: 082 1952

Fax: 011 546 9000

Email: [email protected]       

Website: www.vodacom.co.za 

  1. Confidentiality and sharing of information
  • By taking out this policy, you hereby authorize Vodacom Insurance Company to obtain personal information from you, and when required, to share it with our third party service providers for the purposes of providing the services and benefits to which this Policy relates.
  • Your personal information will be stored, processed and used only by our service providers to the extent that is necessary to provide the contracted services.

Please refer to our privacy notice for a description of how we process your personal information.

Privacy Notice

              Scope

This Privacy notice applies to the use of, purchase or other interaction with Vodacom Insurance Company (RF) Ltd. Unless context dictates otherwise, the Vodacom Privacy Statement on https://www.vodacom.co.za/vodacom/terms/privacy-policy shall also apply to all interactions with Vodacom Insurance Company (RF) Ltd, regarding any collection, use or other processing of personal information.

Personal Information Collected

  • Vodacom only collects personal information required to enter into a Vodacom Device Insurance agreement, and provide the related services in relation to the agreement;
  • Information collected by Vodacom includes, Name and Surname, Identity Number, Contact Number, Email Address, Bank Account Number and Policy Agreement Number.
  • Vodacom does not obtain additional personal information from other sources, without your express consent.

Uses and Sharing

  • Vodacom processes the information to provide you with insurance cover as per agreement, for purposes of entering into or performing in terms of a contract and may use the information to provide you with information on related products or offer discount certain offerings;
  • Vodacom will use the personal information you provide only for purposes consistent with the reason you provided it;
  • Vodacom does not share your personal information with other marketers unless Vodacom have obtained your explicit consent. If you do not provide your consent, Vodacom will not share your personal information;
  • When Vodacom provides personal information to companies that perform services on our behalf, Vodacom require those companies to handle the personal information in accordance with our full privacy notice, as well as applicable privacy legislation. These companies cannot use your personal information for any other purpose than the reason you provided it to us.

Your Rights

  • You may access personal information that Vodacom holds about you. You can ask us to correct any errors or delete the personal information Vodacom have about you;
  • You may opt-out of any marketing messages or further contact from us;
  • To protect your privacy, Vodacom may have to verify your identity before Vodacom can give you access to, or change, personal information about you.

How to Contact Us

Page Description
Vodacom Corporate Device Theft Insurance Policy
Page Title
Vodacom Corporate Device Theft Insurance Policy
Weight
0
Page Category
Page URL
/business/terms/vodacom-corporate-device-theft-insurance-policy

Vodacom Corporate Device Theft And Screen Insurance Policy

Vodacom Corporate Device Theft And Screen Insurance Policy

Vodacom Corporate Device Theft And Screen Insurance Policy

These are the terms and conditions of Your Vodacom Corporate Device Theft Insurance cover. It is important that You read and keep this document in a safe place. The insurer is Vodacom Insurance Company (RF) Limited, a registered insurance company. Finrite Administrators (Pty) Ltd, an authorised financial services provider, has been appointed to administer this Policy.

Operative Clause

Vodacom Insurance Company (RF) Limited (The Insurer) agrees to provide insurance in terms of this Policy during any period of insurance for which it accepts a premium. This specific cover is limited to THEFT AND SCREEN DAMAGE CLAIMS ONLY. This means that in the event that your Device is stolen, we will replace Your Device with a new device of the same or similar type, subject to the terms and conditions of this policy. If the Screen of Your Insured Device is cracked or damaged, we will pay the repair cost up to a Maximum of Limit of Indemnity stipulated in this policy.

Please note

  • That this policy does NOT cover Loss. If your Device is Lost, you will not be covered by this policy.
  • This policy only covers Accidental Damage related the Screen of the Insured Device only. We will not pay for any other repairs to the Insured Device except for the repairs to the Screen in all instances, whether the other repair is related to the cracked/damaged Screen or not. You will have to pay for the cost of such repairs.

Definitions

  1. "Accident" means known and identifiable unintended sudden and unforeseen event. “Accidental” has the corresponding meaning.
  2. "Accidental Damage" means physical damage or destruction of the Device caused by an Accident.
  3. "Device" means the Cellphone or Laptop & Tablet identified via the International Mobile Equipment Identity number or via the serial number, which is used by the Authorised User and specified as the item insured under this Policy.
  4. "Authorised User" refers to the person nominated by You to use the Device insured under this Policy.
  5. "Contract Subscriber" means a Vodacom customer or business entity who has entered into a Subscriber Agreement with Vodacom.
  6. "Cooling-off period" means the period of 30 (thirty) days from inception of this Policy during which you are entitled to cancel this insurance Policy, by sending Us written cancellation notice or by phoning Us at 082 1952.
  7. "Good-As-New Device (GAN)" means a device that has been re-conditioned, inspected, tested and restored to full working condition
  8. "Loss" means the sudden and unforeseen physical loss of the Device. “Lost” has the corresponding meaning.
  9. "Maximum Limit of Indemnity" means the maximum amount that We will pay out and will not be greater than the Sum Insured as defined, at the time of Theft.
  10. "Policy" means this agreement between You and Vodacom Insurance Company (RF) Limited, together with the schedule hereto.
  11. "Policyholder", "You", "Your" is the business entity in whose name the Policy is issued.
  12. "Screen" refers to the display or display assembly or LCD or touchscreen  components located at the front of the device
  13. "SIM Card" means the SIM Card encoded with the cellular telephone number issued in terms of the Vodacom Subscriber Agreement.
  14. "Subscriber Agreement" means the contract entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your Device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  15. "Sum Insured" means the retail price of the Device inclusive of VAT at the time of Theft.
  16. "Theft" or "Stolen" means the unlawful act of taking possession of the Device with the intention of permanently depriving the Customer of that Device.
  17. "Unauthorised Usage" means charges for SMS, calls or data incurred as a direct result of Theft of Your Device.
  18. "Vodacom" means Vodacom (Pty) Ltd
  19. "We", "Us" refers to the insurer, Vodacom Insurance Company (RF) Limited or the administrator, Finrite Administrators (Pty) Ltd, as applicable.

IT IS VERY IMPORTANT TO NOTE THAT:

YOUR CLAIM WILL NOT BE PAID IF THE VODACOM SIM CARD ISSUED IN TERMS OF THE SUBSCRIBER AGREEMENT IS NOT IN USE WITH THE INSURED DEVICE AT THE TIME OF THEFT.

What are you covered for

  1. Theft Cover – It is applicable to the insured Device
    1. If your Device is Stolen, We will replace Your Device with a new device of the same or similar type, subject to the Maximum Limit of Indemnity.
    2. We will not replace Your Device with a more expensive model if Your model is still available.
  2. Screen Damage Cover - If the Screen of Your Insured Device is cracked or damaged, we will pay the repair cost up to a maximum of R5 000 per repair claim.
    1. Maximum claim limits apply: A maximum of 2 claims will be paid over the 24 month period
    2. All repairs must be done at a repair centre approved by Vodacom Insurance (RF) Limited and will be done in accordance with the standard repair process.
    3. Please note that the repairs to your Screen may affect the device warranty therefore you are liable to verify this with the respective manufacturer.
    4. This Policy only covers the Screen of the Insured Device and cannot be transferred to another device.
  3. Summary of Benefit Options and Cover:

 

Your Specific Cover

 

Other Cover Options Available

Theft and Screen Damage Insurance

Theft Insurance

Accidental Damage Insurance

Comprehensive Cellphone Insurance

Accidental Damage

No

No

Yes

Yes

Screen Damage

Yes

No

Yes

Yes

Theft

Yes

Yes

No

Yes

Loss

No

No

No

Yes

 

  • As an added benefit You will be covered for world-wide trips for up to 30 days per trip travelling abroad, as long as Your Device is in use with Vodacom SIM listed on the attached schedule. You will need to activate roaming in order to enjoy this benefit.
  • In the event of a successful claim, We will replace your Device at our option. We will not pay out a cash settlement.

What are you not covered for

  1. Any sudden and/or unforeseen physical Loss of the insured Device.
  2. Theft while Your insured Device is being used with any other SIM Card which was not listed on Your Policy schedule
  3. Any claim where there was no usage on the Vodacom SIM Card listed on the attached schedule that is used together with the insured Device, for a period of 7 (seven) days prior to date of Theft.
  4. We will not pay out for any repairs to the Screen if there is any liquid damage to the insured device
  5. We will not pay for any additional accessories including but not restricted to screen covers, carrying cases, or any other equipment used in conjunction with the Insured Device.
  6. We will not pay for any other repairs to the Device except for the repairs to the Screen in all instances, whether the other repair is related to the cracked/damaged Screen or not. You will have to pay for the cost of such repairs.
  7. We will not pay for a Screen repair if the repair to the Screen does not place the Insured Device in working condition.
  8. We will not cover You for any repairs covered under the Device manufacturer warranty;
  9. We will not pay for normal wear and tear, including scratches;
  10. Any Loss resulting from political or non-political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).
  11. Any consequential loss or damage.
  12. Any claim arising from abuse, misuse or neglect of the insured Device.
  13. Loss of or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.
  14. Loss of data, personalised ringtones or graphics, downloaded material and apps or software.
  15. Any claim in respect of any additional equipment or accessories not covered under the Specified Insured Extras cover option, including but not restricted to carrying cases, battery chargers, hands-free kit, external antennae or car kits.
  16. Theft of the insured Device that was not reported to the police within 48 (forty-eight) hours after it was Stolen.

How to Claim

  • All claims must be submitted to Us in writing within 30(thirty) days of Your screen getting cracked or shattered.
  • If the insured Device is Stolen or damaged You must report the claim to Us as soon as possible after the occurrence of the event, and this must be within 30 (thirty) days of the claim event occurring.
  • In the event that Your Device is Stolen You MUST:
    • Report this to the South African Police Services within 48 (forty-eight) hours and obtain a case number;
    • In the event of cellphones, laptops or tablets, block the SIM Card listed on the Policy by phoning 082 111.
    • In the event of cellphones, laptops or tablets, blacklist the Device and obtain an I.T.C. reference number by phoning 082 111.
  • The Insured Device must be taken to a repair centre approved by Us in order to be assessed.
  • In the event that the claim is approved We will reimburse the authorised repair centre directly for the value of the repairs up to a maximum of R5000. No payment will be made directly to You.
  • In certain circumstances, based on the value of the repair and/or the standard Vodacom repair process the fulfilment of the claim may result in the device being replaced instead of repaired. This replacement device will be a GAN device of the same or similar type and will be done at Our discretion.
  • If You are given a replacement device, the damaged device becomes Our property and must be handed to the authorised repair centre that provided Your replacement device.
  • Obtain a claim form by phoning 082 1952 or by visiting your nearest Vodacom dealer. A claim form must be completed and sent to Us within 30 (thirty) days of the claim occurring, containing all the necessary information as indicated above.
  • You must submit the completed claims form to [email protected]
  • You must give all reasonable assistance in the recovery of the Stolen Device and identification thereof.
  • If We paid Your claim in respect of a Stolen Device, and Your Device is recovered, the recovered Device becomes Our property. Our property and must be handed to the Vodacom dealer that provided Your replacement device.
  • In the event of Your claim being the subject of a dispute or is rejected by Us You may make representation to Us using the following email address: [email protected]. If You are still dissatisfied with the outcome of Your claim, You are entitled to approach the Short Term Insurance Ombudsman at: 
  • You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from Us to lodge such representation.  In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.
  • Should You fail to collect a device which has been repaired or replaced within 60 (sixty) days from date of booking in the Insured Device for repair, You will forfeit the claim and the device will be sold or returned to stock to defray expenses.
  • If Your premiums in respect of this Policy are in arrears all outstanding premiums must be paid in order for Us to assess a claim.

Excess payable by You when claiming

  • The excess: The excess is the first amount payable by You and is set out below.

Theft Cover

Claim

 

Excess payable by You

Replace with a new Device

First claim by the Authorised User in 12 months

 

10% of Replacement Cost

Second claim by the Authorised User in 12 months

 

15% of Replacement Cost

Third or more claims by the Authorised User in 12 months

 

20% of Replacement Cost

 

  • If the replacement cost of the Device is greater than the Maximum Limit of Indemnity, You will have to pay the difference.

Screen Damage Cover

You will pay an excess of R150 upon every successful claim.

If the repair or replacement cost is greater than R5000, You will have to pay the difference

A maximum of 2 claims will be paid over the 24 month period

 

What must you remember?

This Policy only covers the insured Device, used together with the Vodacom SIM Card issued in terms of the Subscriber Agreement.  It is Your responsibility to let Us know in writing by emailing us at [email protected] or by phoning Us on 082 1952, if You are changing or upgrading Your Device insured under this Policy.  In such instances this may lead to a new Policy, a change in premium and benefits and Policy terms and conditions.

General conditions

  1. Other insurance:

If the insured Device is covered for Theft by any other insurance Policy, We shall only be liable for a pro rata portion of the claim excluding the excess which is payable by you.

  1. Cancellation of the Policy
  • If You decide to cancel Your Policy within the 30 (thirty) day Cooling-off period, We will refund any premiums You have made. This will not apply if the insurer has already been notified of a claim.
  • If You cancel Your Policy at any time after the Cooling-off period, premiums paid will not be refunded to You as You would have had the benefit of cover.
  • All cancellation requests must be made in writing and emailed to [email protected] or by phoning Us on 082 1952.
  • Your Policy will automatically terminate if You received cover for a specified period as part of a Vodacom Deal and You have reached the end of this period.
  • If Your SIM Card is barred, soft locked or disconnected by Vodacom, the cover provided by Your Policy will be suspended until such time as Vodacom reinstates Your service.
  • We have the right to cancel Your Policy subject to 30 (thirty) days’ notice, either in writing or telephonically.
  1. No rights to other persons

You may not transfer any rights under this Policy to any third party.

  1. Changes to Your Policy

We have the right to amend Your premium and terms and conditions at any time subject to 30 (thirty) days written notice.

  1. Premiums
  • Your Policy remains in force for as long as Your premiums are paid.
  • In the event that Your premiums are not paid You MUST pay within 30 (thirty) days from the date the premium was due to maintain Your Policy.
  • If no premium is received within that time Your Policy will be cancelled retrospectively.
  • All premiums must be paid in full before any claim is investigated.
  • We have the right to change Your premium at any time subject to 30 (thirty) days written notice to You.
  • If Your Subscriber Agreement goes into arrears your insurance Policy will be impacted and may be terminated. Vodacom will inform You when your Subscriber Agreement goes into arrears. At such time you are required to contact Us to make alternate arrangements for premium payment.
  1. Duty to safeguard Your Cellphone

You shall at all times take reasonable steps to safeguard the insured Device(s) from Theft.

  1. Misrepresentation, non-disclosure or false declaration
  • Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer. In such an event:
    • You will be liable to reimburse any amounts paid to You under this Policy to Us; and
    • We will not be obliged to pay any claim lodged under this Policy.
  • If there are false declarations made at the time of claiming which results in fraud, all benefits under this Policy shall be forfeited and Your Policy will be cancelled with immediate effect.

Report all claims to:

Scheme Administrator

Finrite Administrators (Pty) Ltd

Tel: 082 1952

Fax: 011 546 9000

Email: [email protected]       

Website: www.vodacom.co.za 

  1. Confidentiality and sharing of information
  • By taking out this policy, you hereby authorize Vodacom Insurance Company to obtain personal information from you, and when required, to share it with our third party service providers for the purposes of providing the services and benefits to which this Policy relates.
  • Your personal information will be stored, processed and used only by our service providers to the extent that is necessary to provide the contracted services.

Please refer to our privacy notice for a description of how we process your personal information

Privacy Notice

              Scope

This Privacy notice applies to the use of, purchase or other interaction with Vodacom Insurance Company (RF) Ltd. Unless context dictates otherwise, the Vodacom Privacy Statement on https://www.vodacom.co.za/vodacom/terms/privacy-policy shall also apply to all interactions with Vodacom Insurance Company (RF) Ltd, regarding any collection, use or other processing of personal information.

Personal Information Collected

  • Vodacom only collects personal information required to enter into a Vodacom Device Insurance agreement, and provide the related services in relation to the agreement;
  • Information collected by Vodacom includes, Name and Surname, Identity Number, Contact Number, Email Address, Bank Account Number and Policy Agreement Number.
  • Vodacom does not obtain additional personal information from other sources, without your express consent.

Uses and Sharing

Vodacom processes the information to provide you with insurance cover as per agreement, for purposes of entering into or performing in terms of a contract and may use the information to provide you with information on related products or offer discount certain offerings;

  • Vodacom will use the personal information you provide only for purposes consistent with the reason you provided it;
  • Vodacom does not share your personal information with other marketers unless Vodacom have obtained your explicit consent. If you do not provide your consent, Vodacom will not share your personal information;
  • When Vodacom provides personal information to companies that perform services on our behalf, Vodacom require those companies to handle the personal information in accordance with our full privacy notice, as well as applicable privacy legislation. These companies cannot use your personal information for any other purpose than the reason you provided it to us.

Your Rights

  • You may access personal information that Vodacom holds about you. You can ask us to correct any errors or delete the personal information Vodacom have about you;
  • You may opt-out of any marketing messages or further contact from us;
  • To protect your privacy, Vodacom may have to verify your identity before Vodacom can give you access to, or change, personal information about you.

How to Contact Us

Page Description
Vodacom Corporate Device Theft And Screen Insurance Policy
Page Title
Vodacom Corporate Device Theft And Screen Insurance Policy | Vodacom Business
Keywords
Vodacom Corporate Device Theft And Screen Insurance Policy
Weight
0
Page Category
Page URL
/business/terms/vodacom-corporate-device-theft-screen-insurance-policy

Vodacom Business Screen Insurance Policy

Vodacom Business Screen Insurance Policy

These are the terms and conditions of Your Vodacom Business Screen Insurance Policy. It is important that You read and keep this document in a safe place. The insurer/underwriter is Vodacom Insurance Company (RF) Limited, a licensed non-life  insurer in terms of section 23 of the Insurance Act 18 of 2017. Finrite Administrators (Pty) Ltd, an authorised financial services provider (FSP No: 46042), has been appointed to administer this Policy.

Vodacom Insurance Company (RF) Limited

Reg. No. 2011/117744/06

082 Vodacom Boulevard, Vodacom Corporate Park Midrand, 1685

Operative Clause

Vodacom Insurance Company (RF) Limited (The Insurer) agrees to provide insurance in terms of this Policy during any period of insurance for which it accepts a premium. The Insurer appoints Finrite Administrators (Pty) Ltd (the Administrator) to handle all policy related queries, administration and claims. This specific cover is limited to Screen Damage only claims.

Vodacom Business Screen Insurance is only available as part of pre-defined deals. This product cannot be purchased as a standalone offer.

Definitions

  1. "Accident" means known and identifiable unintended sudden and unforeseen event. “Accidental” has the corresponding meaning.
  2. "Accidental Damage" means physical damage or destruction of the Device caused by an Accident.
  3. "Device" means the Cellphone or Laptop or Tablet, or Specified Insured Extra identified via the International Mobile Equipment Identity number or via the serial number, which is used by the Authorised User and specified as the item insured under this Policy.
  4. "Contract Subscriber" means a Vodacom customer who has entered into a Subscriber Agreement with Vodacom.
  5. "Cooling-off period" means the period of 30 (thirty) days from inception of this Policy during which you are entitled to cancel this insurance Policy, by sending Us written cancellation notice or by phoning Us at 082 1952
  6. "Maximum Limit of Indemnity" means the maximum amount that We will pay out to repair or replace the damaged screen of the insured Device and will not be greater than R 5000 (five thousand rand).
  7. "Policy" means this agreement between You and Vodacom Insurance Company (RF) Limited, together with the schedule hereto.
  8. "Policyholder", "You", "Your" is the person in whose name the Policy is issued.
  9.  "Screen"  refers to the display or display assembly or LCD or touchscreen  components located at the front of the device
  10. "SIM Card" for Contract Subscribers means the SIM Card encoded with the cellular telephone number listed on Your Policy schedule and issued in terms of the Vodacom Subscriber Agreement. For Prepaid Subscribers this means the Prepaid SIM Card encoded with the cellular telephone number listed on Your Policy schedule and issued in terms of a Vodacom PrePaid starter pack. 
  11. "Subscriber Agreement" means the contract entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your Device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  12. "Vodacom" means Vodacom (Pty) Ltd
  13. "Vodacom Deal" means the deal entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  14. "We", "Us" refers to the insurer, Vodacom Insurance Company (RF) Limited or the administrator, Finrite Administrators (Pty) Ltd, as applicable.

IT IS VERY IMPORTANT TO NOTE THAT:

YOUR CLAIM WILL NOT BE PAID IF THE VODACOM SIM CARD LISTED ON YOUR POLICY SCHEDULE IS NOT IN USE WITH THE INSURED DEVICE AT THE TIME OF ACCIDENTAL DAMAGE TO THE SCREEN OF THE INSURED DEVICE.

What are you covered for

If the Screen of Your Insured Device is cracked or damaged, we will pay the repair cost up to a maximum of R5000 (five thousand rand) per        repair claim.

  • Maximum claim limits apply:
  1. If You received 12 months of cover as part of a Vodacom Deal, a maximum of 1 claim will be paid over the 12 month period;
  2. If You received 24 months of cover as part of a Vodacom Deal, a maximum of 2 claims will be paid over the 24 month period
  • All repairs must be done at a repair centre approved by Vodacom Insurance (RF) Limited and will be done in accordance with the standard repair process.
  • Please note that the repairs to your Screen may affect the device warranty therefore you are liable to verify this with the respective manufacturer.
  • This Policy only covers the Screen of the Insured Device and cannot be transferred to another device.

What are you not covered for

  1. We will not pay out if Your device is stolen or lost.
  2. We will not pay out for any repairs to the Screen if there is any liquid damage to the insured device
  3. We will not pay for any additional accessories including but not restricted to screen covers, carrying cases, or any other equipment used in conjunction with the Insured Device.
  4. We will not pay for any other repairs to the device except for the repairs to the Screen in all instances, whether the other repair is related to the cracked/damaged Screen or not. You will have to pay for the cost of such repairs.
  5. We will not pay for a Screen repair if the repair to the Screen does not place the Insured device in working condition.
  6. We will not cover You for any repairs covered under the device manufacturer warranty;
  7. We will not pay for normal wear and tear, including scratches;

How to Claim

  • All claims must be submitted to Us in writing within 30(thirty) days of Your screen getting cracked or shattered. Claim forms are available at any Vodacom shop or can be accessed on our website at vodacom.co.za/insurance. You can also call Us on 082 1952. All completed claim forms must be emailed to: [email protected]   
  • The Insured Device must be taken to a repair centre approved by Us in order to be assessed.
  • In the event that the claim is approved We will reimburse the authorised repair centre directly for the value of the repairs up to a maximum of R5000 (five thousand rand). No payment will be made directly to You.
  • In the event of Your claim being the subject of a dispute or is rejected by Us You may make representation to Us using the following email address: [email protected]. If You are still dissatisfied with the outcome of Your claim, You are entitled to approach the Short Term Insurance Ombudsman at:
  • You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from Us to lodge such representation.  In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.
  • Should You fail to collect a Device which has been repaired or replaced within 60 (sixty) days from date of booking in the Insured Device, You will forfeit the claim and the Device will be sold or returned to stock to defray expenses.

Excess payable by You when claiming

The excess:  The excess is the first amount payable by You and is set out below.

  • The excess: You will pay an excess of R150 upon every successful claim.
  • If the repair or replacement cost is greater than the Maximum Limit of Indemnity of R5000 (five thousand rand), You will have to pay the difference.

What must you remember?

This Policy only covers the insured Device(s), used TOGETHER WITH the Vodacom SIM Card listed on Your Policy schedule.  It is Your responsibility to let Us know in writing by emailing us at [email protected]  or by phoning Us on 082 1952, if You are changing or upgrading Your Device insured under this Policy.  In such instances this may lead to a new Policy, a change in premium and benefits and Policy terms and conditions.

Cancellation and termination of the Policy

  • All cancellation requests must be made in writing and emailed to [email protected] or by phoning Us on 082 1952.
  • Your Policy will automatically terminate in the following instances:
    • If You received 12 months of cover as part of a Vodacom Deal and you have reached the end of this 12 month period. In the event that Your Vodacom Deal is terminated or cancelled or suspended for any reason You will no longer enjoy the Screen Insurance benefit.
    • At the end of your Vodacom Subscription Contract.
  • We have the right to cancel Your Policy subject to 30 (thirty) days’ notice, either in writing or telephonically.

General conditions

  1. No rights to other persons

You may not transfer any rights under this Policy to any third party.

  1. Misrepresentation, non-disclosure or false declaration
  • Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer. In such an event:
  • You will be liable to reimburse any amounts paid to You under this Policy to Us; and
  • We will not be obliged to pay any claim lodged under this Policy.
  • If there are false declarations made at the time of claiming which results in fraud, all benefits under this Policy shall be forfeited and Your Policy will be cancelled with immediate effect.
  1. Report all claims to:

                             Scheme Administrator

                             Finrite Administrators (Pty) Ltd

                             Tel: 082 1952

                             Fax: 011 546 9000

                             Email: [email protected]   

                             Website: www.vodacom.co.za

  1. Confidentiality and sharing of information
  • It is important to note that when You engage with us, You acknowledge that We require Your personal information, as defined in Protection of Personal Information Act No 4 of 2013 (PoPIA) and other related regulation and need to process such personal information to provide products or services to You for purposes including to confirm, update and enhance our records, to confirm Your identity and additional purposes as detailed in our Privacy Notice.
  • By taking out this policy, you hereby authorize Vodacom Insurance Company (RF) Ltd to obtain personal information from You, and when required, to share it with Our third party service providers for the purposes of providing the services and benefits to which this Policy relates.
  • Your personal information will be stored, processed and used only by our service providers to the extent that is necessary to provide the contracted services.
  • Please refer to our Vodacom Insurance Company (RF) Ltd: Privacy Notice https://www.vodacom.co.za/vodacom/terms/privacy-policy/insurance-company for a description of how we collect, use, share and protect your personal information when you use our products and services and our website.
Page Description
Vodacom Business Screen Insurance Policy
Page Title
Vodacom Business Screen Insurance Policy | Vodacom Business
Keywords
Vodacom Business Screen Insurance Policy
Weight
0
Page Category
Page URL
/business/terms/vodacom-business-screen-insurance-policy

Vodacom Corporate Device Insurance Policy

Vodacom Corporate Device Insurance Policy

These are the terms and conditions of Your Vodacom Corporate Device Insurance Policy. It is important that You read and keep this document in a safe place. The insurer/underwriter is Vodacom Insurance Company (RF) Limited, a licensed non-life  insurer in terms of section 23 of the Insurance Act 18 of 2017. Finrite Administrators (Pty) Ltd, an authorised financial services provider (FSP No: 46042), has been appointed to administer this Policy.

Vodacom Insurance Company (RF) Limited

Reg. No. 2011/117744/06

082 Vodacom Boulevard, Vodacom Corporate Park Midrand, 1685

Operative Clause

Vodacom Insurance Company (RF) Limited (The Insurer) agrees to provide insurance in terms of this Policy during any period of insurance for which it accepts a premium. The Insurer appoints Finrite Administrators (Pty) Ltd (the Administrator) to handle all policy related queries, administration and claims.

Definitions

  1. "Accident" means known and identifiable unintended sudden and unforeseen event. “Accidental” has the corresponding meaning.
  2. "Accidental Damage" means physical damage or destruction of the Device caused by an Accident.
  3. "Authorised User" refers to the person nominated by You to use the Device insured under this Policy.
  4. "Device" means the Cellphone or Laptop or Tablet, or Specified Insured Extra identified via the International Mobile Equipment Identity number or via the serial number, which is used by the Authorised User and specified as the item insured under this Policy.
  5. "Contract Subscriber" means a Vodacom customer who has entered into a Subscriber Agreement with Vodacom.
  6. "Cooling-off period" means the period of 30 (thirty) days from inception of this Policy during which you are entitled to cancel this insurance Policy, by sending Us written cancellation notice or by phoning Us at 082 1952
  7. "Loss" means the sudden and unforeseen physical loss of the Device. “Lost” has the corresponding meaning.
  8. "Maximum Limit of Indemnity" means the maximum amount that We will pay out which will be determined by Your Premium Band and will not be greater than the Sum Insured as defined, at the time of Loss, Theft or Accidental Damage.
  9. "Policy" means this agreement between You and Vodacom Insurance Company (RF) Limited, together with the schedule hereto.
  10. "Policyholder", "You", "Your" is the person in whose name the Policy is issued.
  11. “Premium Band” is determined by the retail price of the Device inclusive of VAT at the time of inception of this Policy and defines the premium payable under this Policy. For Specified Insured Extras, the Premium Band is determined by the cumulative value of all specified items, based on the retail price of the items inclusive of VAT at the time of inception of this Policy.
  12. "Good-As-New Device" means a device that has been refurbished, tested and restored to full working condition.
  13. "SIM Card" for Contract Subscribers means the SIM Card encoded with the cellular telephone number listed on Your Policy schedule and issued in terms of the Vodacom Subscriber Agreement. For Prepaid Subscribers this means the Prepaid SIM Card encoded with the cellular telephone number listed on Your Policy schedule and issued in terms of a Vodacom PrePaid starter pack. 
  14. "Specified Insured Extras" is an optional benefit that can be selected together with the Comprehensive Cellphone Insurance cover option. This includes Wearables. All Specified Insured Extras must be listed on Your schedule and identified via a serial number.
  15. "Subscriber Agreement" means the contract entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your Device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  16. "Sum Insured" means the retail price of the Device inclusive of VAT at the time of Loss, Theft or Accidental Damage.
  17. "Theft" or "Stolen" means the unlawful act of taking possession of the Device with the intention of permanently depriving the Customer of that Device.
  18. "Unauthorised Usage" means charges for SMS, calls or data incurred as a direct result of Loss or Theft of Your Device.
  19. "Vodacom" means Vodacom (Pty) Ltd
  20. "We", "Us" refers to the insurer, Vodacom Insurance Company (RF) Limited or the administrator, Finrite Administrators (Pty) Ltd, as applicable.
  21. Wearables refer to an electronic items that can be worn on the body as an accessory used in conjunction with the Cellphone. A defining feature being the ability to connect to the internet, enabling data exchange and includes items such as the Samsung Galaxy Gear Fit, Apple Watch, earphones and digital media players, such as Apple TV.

 

Vodacom Corporate Device Insurance is a monthly renewable insurance Policy that provides cover against Accidental Damage, Theft or Loss of the insured Device.

IT IS VERY IMPORTANT TO NOTE THAT:

YOUR CLAIM WILL NOT BE PAID IF THE VODACOM SIM CARD LISTED ON YOUR POLICY SCHEDULE IS NOT IN USE WITH THE INSURED DEVICE AT THE TIME OF ACCIDENTAL DAMAGE, THEFT OR LOSS.

What are you covered for

There are different cover options under Device Cover. These options may be selected as stand-alone options or they may be taken as a combination as follows:

  1. Accidental Damage – this is a standalone benefit option. It is applicable to the insured Device.
    1. If Your Device can be repaired we will pay the costs reasonably incurred to restore it to the condition it was in immediately before the Accidental Damage occurred.
    2. If Your Device is beyond economic repair (as determined by an authorised Vodacom repair centre), We will replace Your Device with a new device of the same or similar type or a Good-As-New Device of the same type, subject to the Maximum Limit of Indemnity.
    3. You will not be able to claim under this benefit option if You are unable to provide us with the damaged Device.
  1. Comprehensive Laptop or Tablet Insurance - this is a standalone benefit option. It is applicable to the insured Device – specifically relating to a laptop, tablet or other portable device.
    1. This benefit option covers you for Accidental Damage as indicated above and it also covers you for instances of theft and loss.
    2. If Your laptop, tablet or portable device is lost or stolen We will replace Your Device with a new device of the same or similar type or a Good-As-New Device of the same type, subject to the Maximum Limit of Indemnity.
  1. Comprehensive Cellphone Insurance – this is a standalone benefit option. It is applicable to the insured Device – specifically in respect of a cellular phone.
    1. This benefit option covers you for Accidental Damage as indicated above and it also covers you for instances of theft and loss.
    2. If your Cellphone is lost or stolen We will replace Your Device with a new device of the same or similar type or a Good-As-New Device of the same type, subject to the Maximum Limit of Indemnity.
    3. We will not replace Your Cellphone with more expensive model if Your model is still available.
    4. Whilst it is not a condition for cover, We encourage You to manage Your damage risk by making use of a cellular phone screen protector and a cellular phone cover to help protect your cellphone. In some instance, at Our discretion, We may supply a screen cover and cellphone cover for this purpose.
  1. Specified Insured Extras – this is not a stand-alone product and can only be selected if the Comprehensive Cellphone Insurance benefit is selected.
    1. If Your Specified Insured Extra device can be repaired we will pay the costs reasonably incurred to restore it to the condition it was in immediately before the Accidental Damage occurred.
    2. If Your Specified Insured Extra device is beyond economic repair (as determined by an authorised Vodacom repair centre), We will replace Your device with a new device of the same or similar type or a Good-As-New Device of the same type, subject to the Maximum Limit of Indemnity.
    3. If your Specified Insured Extra device is lost or stolen We will replace Your device with a new device of the same or similar type or a Good-As-New Device of the same type, subject to the Maximum Limit of Indemnity.

 

  1. Summary of Benefit Options and Cover:

 

Cover Options

Accidental Damage Insurance

(Stand-alone)

Comprehensive Cellphone Insurance

(Stand-alone)

Comprehensive Laptop and Tablet Insurance

(Stand-alone)

 

Specified Insured Extras

(Not stand-alone. Can only be selected with Comprehensive Cellphone)

Accidental Damage

Yes

Yes

Yes

Yes

Theft

No

Yes

Yes

Yes

Loss

No

Yes

Yes

Yes

 

  • As an added benefit You will be covered for world-wide trips for up to 30 days per trip travelling abroad, as long as Your Device is in use with Vodacom SIM listed on Your Policy schedule. You will need to activate roaming in order to enjoy this benefit.
  • In the event of a successful claim, We will repair or replace your Device at our option. We will not pay out a cash settlement.

What are you not covered for

  1. Theft, Loss or Accidental Damage while Your insured Device is being used with any other SIM Card which was not listed on Your Policy schedule
  2. Any claim where there was no usage on the Vodacom SIM Card listed on Your Policy schedule that is used together with the insured Device, for a period of 7 (seven) days prior to date of Loss, Theft or Accidental Damage.
  3. Loss or damage resulting from political or non-political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).
  4. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching of outer casings, aerials or keypads.
  5. Loss, damage or failure of batteries, other than when they are Stolen or lost together with the insured Device listed on application form.
  6. Any consequential loss or damage.
  7. Any claim arising from abuse, misuse or neglect of the insured Device.
  8. Loss, damage or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract or warranty.
  9. Loss of, damage to or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.
  10. Loss of data, personalised ringtones or graphics, downloaded material and apps or software.
  11. Any claim in respect of any additional equipment or accessories not covered under the Specified Insured Extras cover option, including but not restricted to carrying cases, battery chargers, hands-free kit, external antennae or car kits.
  12. Theft or Loss of the insured Device that was not reported to the police within 48 (forty-eight) hours after it was Stolen or Lost.

How to Claim

  • If the insured Device is Lost, Stolen or damaged You must report the claim to Us as soon as possible after discovery of the Loss, and within 30 (thirty) days of the claim event occurring.
  • In the event that Your Device is Stolen or Lost You MUST:
    • Report this to the South African Police Services and obtain a case number;
    • In the event of cellphones, laptops or tablets, block the SIM Card listed on the Policy by phoning 082 111.
    • In the event of cellphones, laptops or tablets, blacklist the Device and obtain an I.T.C. reference number by phoning 082 111.
  • Obtain a claim form by phoning 082 1952 or by visiting your nearest Vodacom dealer. A claim form must be completed and sent to Us within 30 (thirty) days of the claim occurring, containing all the necessary information as indicated above.
  • Submit your completed claim form to the following email address: [email protected]
  • You must give all reasonable assistance in the recovery of the Lost or Stolen Device and identification thereof.
  • If We paid Your claim in respect of a Lost or Stolen Device, and Your Device is recovered, the recovered Device becomes Our property. If You are given a replacement device in respect of a Device which is beyond economical repair, the damaged Device becomes Our property and must be handed to the Vodacom dealer that provided Your replacement device.
  • We must be in possession of the damaged Device in the case of Accidental Damage claims.
  • In the event of Your claim being the subject of a dispute or is rejected by Us You may make representation to Us using the following email address: [email protected]. If You are still dissatisfied with the outcome of Your claim, You are entitled to approach the Short Term Insurance Ombudsman at:
  • You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from Us to lodge such representation.  In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.
  • Should You fail to collect a Device which has been repaired or replaced within 60 (sixty) days from date of Loss, You will forfeit the claim and the Device will be sold or returned to stock to defray expenses.
  • If Your premiums in respect of this Policy are in arrears all outstanding premiums must be paid in order for Us to assess a claim.
  • NOTE: If We replace Your Device, We may either issue a new device of the same or similar type or We may issue a Good-As-New Device of the same type.

Excess payable by You when claiming

  • The excess: The excess is the first amount payable by You and is set out below.
  • Your basic excess depends on whether Your Device is repaired, replaced with a Good-As-New Device or replaced with a new device as follows:

All Insurance Products

Claim

 

Excess payable by You

Repair/Replace with a Good-As-New Device

Replace with a new Device

First claim by the Authorised User in 12 months

 

R150

10% of Replacement Cost OR R300 (whichever is higher)

Second claim by the Authorised User in 12 months

 

R300

15% of Replacement Cost OR R750 (whichever is higher)

Third or more claims by the Authorised User in 12 months

 

R300

20% of Replacement Cost OR R1000 (whichever is higher)

 

Specified Insured Extras

Premium Band

Cover

Excess payable by You

Repair/Replace with a Good-As-New Device

Replace with a new Device

0

R0 – R5 000

R400

15% of Replacement Cost OR R100 (whichever one is higher)

1

R5 000 – R10 000

R500

2

R10 000 – R15 000

R550

 

  • An additional excess of R300 will be paid by You in respect of any damage, loss or theft suffered by You within 30 days of date of inception of this Policy. This excess will not be applicable if the insurance inception date coincides with Your Subscriber Agreement.
  • If the replacement cost of the Device is greater than the Maximum Limit of Indemnity, You will have to pay the difference.

What must you remember?

This Policy only covers the insured Device(s), used TOGETHER WITH the Vodacom SIM Card listed on Your Policy schedule.  It is Your responsibility to let Us know in writing by emailing us at [email protected]  or by phoning Us on 082 1952, if You are changing or upgrading Your Device insured under this Policy.  In such instances this may lead to a new Policy, a change in premium and benefits and Policy terms and conditions.

General conditions

  1. Other insurance:

If the insured Device is covered for Theft, Loss or Accidental Damage by any other insurance Policy, We shall only be liable for a pro rata portion of the claim excluding the excess which is payable by you.

  1. Cancellation of the Policy
  • You may cancel Your policy at any time and with immediate effect.
  • If You decide to cancel Your policy within the cooling-off period, of 30 (thirty) days after receiving this policy agreement, We will refund any payments already made under this policy agreement. The cooling-off period only applies if a claim has not been submitted.
  • If You cancel Your Policy at any time premiums after the cooling-off period, payments made to Us will not be refunded to You as You would have had the benefit of cover.
  • All cancellation requests must be made in writing and emailed to[email protected] or by phoning Us on 082 1952.
  • If Your SIM Card is barred, soft locked or disconnected by Vodacom, the cover provided by Your Policy will be suspended until such time as Vodacom reinstates Your service.
  • We have the right to cancel Your Policy subject to 30 (thirty) days’ notice, either in writing or telephonically.
  1. No rights to other persons

You may not transfer any rights under this Policy to any third party.

  1. Changes to Your Policy
  • We have the right to amend Your premium and terms and conditions at any time subject to 30 (thirty) days written notice.
  • In the event of any legislative changes which have a material impact on Your policy or cover, We will make the required changes and notify You by providing reasonable notice.
  1. Premiums
  • Your Policy remains in force for as long as Your premiums are paid.
  • In the event that Your premiums are not paid You MUST pay within 30 (thirty) days from the date the premium was due to maintain Your Policy.
  • If no premium is received within that time Your Policy will be cancelled retrospectively.
  • Should You cancel or stop Your debit order, it will be deemed that you have cancelled Your cover and You will not enjoy the 30 (thirty) day grace period.
  • All premiums must be paid in full before any claim is investigated.
  • We have the right to change Your premium at any time subject to 30 (thirty) days written notice to You.
  • If Your Subscriber Agreement goes into arrears your insurance Policy will be impacted and may be terminated. Vodacom will inform You when your Subscriber Agreement goes into arrears. At such time you are required to contact Us to make alternate arrangements for premium payment.
  1. Duty to safeguard Your Cellphone

You shall at all times take reasonable steps to safeguard the insured Device(s) from Loss, Accidental Damage or Theft.

  1. Misrepresentation, non-disclosure or false declaration
  • Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer. In such an event:
  • You will be liable to reimburse any amounts paid to You under this Policy to Us; and
  • We will not be obliged to pay any claim lodged under this Policy.
  • If there are false declarations made at the time of claiming which results in fraud, all benefits under this Policy shall be forfeited and Your Policy will be cancelled with immediate effect.
  1. Report all claims to:

                             Scheme Administrator

                             Finrite Administrators (Pty) Ltd

                             Tel: 082 1952

                             Fax: 011 546 9000

                             Email: [email protected]   

                             Website: www.vodacom.co.za

  1. Confidentiality and sharing of information
  • It is important to note that when You engage with us, You acknowledge that We require Your personal information, as defined in Protection of Personal Information Act No 4 of 2013 (PoPIA) and other related regulation and need to process such personal information to provide products or services to You for purposes including to confirm, update and enhance Our records, to confirm Your identity and additional purposes as detailed in our Privacy Notice.
  • By taking out this policy, you hereby authorize Vodacom Insurance Company (RF) Ltd to obtain personal information from You, and when required, to share it with Our third party service providers for the purposes of providing the services and benefits to which this Policy relates.
  • Your personal information will be stored, processed and used only by Our service providers to the extent that is necessary to provide the contracted services.
  • Please refer to our Vodacom Insurance Company (RF) Ltd: Privacy Notice https://www.vodacom.co.za/vodacom/terms/privacy-policy/insurance-company for a description of how we collect, use, share and protect your personal information when you use our products and services and our website.
Page Description
Vodacom Corporate Device Insurance Policy
Page Title
Vodacom Corporate Device Insurance Policy | Vodacom Business
Keywords
Corporate Device Insurance Policy
Weight
0
Page Category
Page URL
/business/terms/vodacom-corporate-device-insurance-policy

Vodacom Business Data Terms

Vodacom Business Data

Terms And Conditions

1. Vodacom Business Data  will be available as Postpaid offers only

2. Vodacom Business Data will not be available on Top Up

3. Vodacom Business Data are offered as 12 and 24 month data contracts

4. A customer will receive up to 4 free Data Sharing SIM (DSS) with the Vodacom Business Data contract, additional DSS will be billed at the prevailing rate

5. Modem inclusive and exclusive deals will be offered, based on the Vodacom Business Data contract SIM only price

6. Vodacom Business Data will be available to all Service Providers

7. The Service Providers must ensure that the product is only sold to qualifying EBU customers

8. Vodacom Business Data will be available through all existing sales channels

9. Alternative customer contact details for notification purposes i.e. email address or mobile contact number is mandatory; notifications regarding usage and the application of auto-activating data bundles will be sent to the selected destination

10. Customers will be charged for the volume of data sent and received, and not the time spent connected

11. SMS & MMS messages are charged at standard rates

12. Customers will not able to transfer or extend the validity of their VBD data bundles (subscription bundle and auto-activating bundle).

13. The monthly tariff and data allocation will not be prorated for the first month of the contract for both Vodacom Business Data contracts

14. Voice (telephony) services will be provisioned on EBU Vodacom Business Data

15. Customers must be billed monthly in arrears for the data consumed

16. Customers must be billed in advance for the recurring monthly subscription

17. A customer on a 12 Month Vodacom Business Data contract will be allowed to upgrade in month ten (10) of their contract term

18. A customer on a 24 Month Vodacom Business Data contract will be allowed to upgrade in month twenty one (21) of their contract term

19. The existing upgrade administration fees will be applicable on 12 and 24 Month Vodacom Business Data for customers who upgrade.

20. Night Owl data will NOT be available on 12 Month Vodacom Business Data contract

21. Night Owl data will be available on 24 Month Vodacom Business Data contract

22. Night Owl data will only be applicable to the monthly offer default data bundle, on the 24 months contract only

23. The existing Night Owl business rules will apply for the 24 month Vodacom Business Data contracts

24. The monthly allocated data bundle and auto-activating data bundles are not applicable when a customer is roaming, the prevailing data roaming tariff will be applicable

25. Auto-activating data bundles automatically allocate 500MB data bundles, a customer will not be able to opt-out of the auto-activating data bundle feature on VBD price plans

26. A 500MB auto-activating data bundle will automatically be allocated once all the data has been depleted from a customer’s monthly recurring data allocation. The 1st byte of data usage after the monthly allocated data has been depleted will trigger the activation of the first 500MB auto-activating data bundle to the customer’s account.

27. The next 500MB auto-activating data bundle will automatically be allocated once all the data has been depleted from a customer’s auto-activating data bundle. The 1st byte of data usage after the depletion of the 500MB auto-activating data bundle will trigger the activation of the next 500MB auto-activating data bundle to the customer’s account

28. Monthly allocated data will expire at the end of the current calendar month

29. A customer on Vodacom Business Data contract can have unlimited amount of auto-activating data bundles allocated per month

30. Order of Consumption (First in, First out):

31. Vodacom data bundles follow a FIFO (First In First Out) order of consumption. The First bundle to be purchased, activated or allocated will be the first bundle to be consumed and then any other available bundles in chronological order.

32. Migration Rules

33. Upward migrations within the Vodacom Business Data product suite will be allowed.

34. Downward migrations within the Vodacom Business Data product suite will be allowed subject to the applicable migration and penalties fees

35. Existing EBU customers on the CBU data product suite will be allowed to migrate to the Vodacom Business Data contract options, subject to the migration rules of the CBU data contracts.

36. Customers on the Vodacom Business Data contract will be allowed to migrate to the CBU mobile broadband price plans.

37. A customer migrating from the Vodacom Business Data plan to any other price plan will forfeit the auto-activating data bundle feature and will be subject to the T&Cs of the new price plan.

38. Migrations will be effective from the 1st of every month

39. Usage notifications will be sent to customers with the auto-activating data bundle service active at 50%, 80%, 95% and 100% thresholds. The notifications will be sent for both the monthly data allocation and any auto activating data bundles. The notifications will include the price of the auto-activating data bundle.

40. A new message alert will be sent to a customer each time an auto-activating data bundle has been activated.

41. The usage notifications for all subsequent auto activating data bundles activated on a customer’s account for the month will be sent at 50%, 80%, 95% and 100% thresholds

Page Description
Terms and Conditions for Mobile Broadband for Business
Page Title
Vodacom Business Data | Vodacom Business
Keywords
Vodacom Business Data
Weight
0
Page Category
Page URL
/business/terms/vodacom-business-ticket

Data Refill Services

Data Refill Services

Terms and Conditions

By purchasing a Data Refill bundle, you agree to these terms and conditions:

1 The Data Refill service will be available to customers with all Smart+, Red+ tariff plans and Mobile Broadband Postpaid tariff plans. Customers with Vodacom Business Data tariff plans will not be able to activate the Data Refill service.

2 You can opt in or opt out the Data Refill service using the following channels:

i. USSD (*135*6#)

ii. Contact Customer Care (082 1940)

3 You can buy the following Auto-Data bundles from the Data Refill service:

Data Refill MBB Bundles

Bundle Size Price Bundle Validity
500MB R50.00 30 Days
1GB R80.00 30 Days
2GB R141.00 30 Days


Data Refill MI Bundles

Bundle Size Price Bundle Validity
30MB R12.00 30 Days
100MB R29.00 30 Days
500MB R80.00 30 Days
1GB R115.00 30 Days


4 If you are already opted into the Vodacom Smart Recommendations service, you will be able to opt into the Data Refill service.

5 If you are opted into the Data Refill service but not opted into to the Vodacom Smart Recommendations service, you will be required to opt out of the Data Refill service before being able to opt into the Smart Recommendations service.

6 Once you are opted into the Data Refill service and you finish all your active anytime data in your account, your subscribed to Data Refill data bundle will be allocated into your account and the cost of the bundle added onto your monthly invoice.

7 Once an auto-purchase has been made into your account you will receive an SMS confirming the auto-purchase made.

8 You will not be able to transfer your unused Data Refill bundle.

9 You will not be able to extend the validity of your Data Refill bundle

10 The number of times that a Data Refill will be made on your account in any given month will be dependent on when you reach your Credit Limit Lock or Call Limit Lock.

11 In the event that you have reached your Voluntary Call Limit, a Data Refill will no longer be made in your account up until you increase or remove your limit.

Once your Voluntary Call Limit is reached you will not be able to make outgoing calls, send SMS's or make data connections, except to emergency 112 and Vodacom customer care 1940 for the remainder of the month. However, should the threshold be reached during a voice call or data download, the locking will only be implemented after that interaction is complete and you will remain liable for the charges incurred.

12 In the event that you have reached your Credit Limit, an Auto-Data purchase will no longer be made to your account until your account is unlocked. Once a Credit Limit is reached you will not be able to make outgoing calls, send SMS's or make data connections, except to emergency 112 and Vodacom customer care 1940 for the remainder of the month. However, should the threshold be reached during a voice call or data download, the locking will only be implemented after that interaction is complete and you will remain liable for the charges incurred.

13 In the event that you have reached your Credit Limit Lock, a Data Refill will no longer be made to your account until the lock is removed.  

14 You can change your choice of Auto-Data bundle allocation for your Data Refill service multiple times a day and it will be applied same day.

15 You can still purchase other data bundles when you are opted in to the Data Refill service.

16 You can call Customer Care on 082 1960 for information regarding the Data Refill service.

17 The Data Refill service is not applicable to Data Roaming.

18 Blackberry customers are excluded from the Data Refill service and as a result cannot opt into the Data Refill service.

19 Only corporate customers with the relevant purchase permissions will have the ability to purchase Data Refill bundles.

Data Refill Bundles

25 The Auto-Data bundles of the Data Refill service will be purchased for once-off use and will only re-allocate when you deplete all active anytime data bundle(s) in your account.

26 The Data Refill bundles will be valid for 30 days from and including the day of purchase. If the bundle is purchased on the 15th of the month, in a month that has 30 days, it is valid until the 14th day of the following month 1.e 15th April to 14th May. If a month has 31 days then the bundle will be valid up to and including the 13th day of the following calendar month i.e 15th July till 13th August. In the month of February, where the month has 28 days and the bundle is activated on the 15th of the month, the bundle will be valid up to and including the 16th of March. In the month of February where the year and a bundle is purchased on the 15th of month, the bundle will be valid up to and including the 15th of March. The bundle will expire on 23:59 on the day of expiry.

27 All unused data at the time of expiry will be forfeited.

28 A Data Refill bundle purchased on a Post-paid price plan will have the associated cost added to the monthly invoice.

29 All the prices of the once-off Data Refill bundles include VAT.

30 You will be charged for the volume of data sent and received, and not the time you spend connected.

31 The Data Refill bundles do not apply to data roaming.

32 Data Refill bundles do not have an out of bundle rate, the applicable out of bundle  rate associated with the respective price plan must be charged per MB when the Data Refill is either depleted or it expires when a customer has opted out of the Data Refill service. This should apply depending on the Out of Bundle data limit lock applied on your line.

33 In the Post-paid Order of Consumption, the First In First Out consumption rule will apply to the Data Refill bundles.

34 A Data Refill bundle will not be prorated. The full data allocations and associated cost respective bundle will be charged and allocated at the time of purchase.

35 In the instance that you opt-out of the Data Refill service while you have Data Refill data bundles active in your account, those remaining Data Refill bundles will remain active in your account until depletion or expiry.

36 In the instance that you change your Data Refill bundle allocation while you still have Data Refill data bundles active in your account, those remaining Data Refill bundles will remain active in your account until depletion or expiry.

37 The Data Refill Data bundles are valid until 23:59 on the 30th day from and including the day of purchase.

38 Night Owl Data does not get allocated to Data Refill data bundles.

39 When a Post-paid customer that has opted into the Data Refill Data service migrates to a Prepaid plan, their Data Refill Data service settings will be no longer applicable.

40 When a Post-paid customer that has opted into the Data Refill Data service migrates to a Top Up/uChoose plan, their Data Refill Data service settings will be no longer applicable.

41 When a Post-paid customer that has opted into the Data Refill Data service migrates to another Post-paid plan, their Data Refill Data service settings will still be retained.

42 When a Post-paid customer that has a Data Refill Data bundle migrates to a Prepaid plan, the Data Refill data bundle will be forfeited.

43 When a Post-paid customer that has a Data Refill Data bundle migrates to a Top Up/uChoose plan, the Data Refill data bundle will be forfeited

44 When a Post-paid customer that has a Data Refill Data bundle migrates to another Post-paid plan, they will retain their Data Refill data bundle.

General

45 These Terms and Conditions do not replace any other terms and conditions, agreements or contracts that exist between you and Vodacom.

46 Vodacom reserves the right to modify the Service(s) where reasonably required and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions, so please update yourself with them on a regular basis.

47 The Vodacom Privacy Statement applies to  Data Refill.  By using Data Refill you agree that you have read and understood the Vodacom privacy statement. http://www.vodacom.co.za/vodacom/terms/privacy-policy.

48 Vodacom shall have no liability to you in respect of your use of these services to the extent  permitted by law.  Vodacom shall not be liable for any losses arising as a result of technical or other failure of the Services and Vodacom does not warrant that the service shall be fault free or free of interruptions.

Page Description
The Data Refill service will be available to customers with all Smart+, Red+ tariff plans and Mobile Broadband Postpaid tariff plans. Customers with Vodacom Business Data tariff plans will not be able to activate the Data Auto Purchase service.
Page Title
Data refill - Terms | Vodacom Business
Keywords
Data refill
Weight
0
Page Category
Page URL
/business/terms/data-refill-terms-and-conditions

Disclaimer

Disclaimer Terms and Conditions

Whilst every effort has been made by Vodacom, and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information/images and the reliability of the binary data on this website, Vodacom, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of services, content and information offered on this website ("the Services") or the accuracy of the information and/or images on this website.

We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information and/or images contained on this website, and the Services are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

We will not entertain requests for exchanges, returns and/or refunds.......

This site may contain hyper-links to third party sites. Vodacom is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.

Page Description
Vodacom, its affiliated companies, suppliers, or any of their employees, do not guarantee the availability of services, content and information offered on this website (&quot
Page Title
Disclaimer | Vodacom Business
Keywords
Disclaimer
Weight
0
Page Category
Page URL
/business/terms/disclaimer

Mobile Agreement

Mobile Agreement Terms and Condition

THIS MASTER SERVICES AGREEMENT FOR MOBILE SERVICES IS MADE BETWEEN:

Vodacom (Pty) Ltd, a company incorporated in South Africa (Registration number. 1993/003367/07) having its registered office at Corporate Park Building, 082 Vodacom Boulevard, Vodavalley, Midrand (“Vodacom”). 

And

__________________________, a company incorporated in South Africa (Registration number. ____________________) having its registered office at ________________________(the “Customer”)

SCOPE OF AGREEMENT
 

(A)           Vodacom and the Customer have entered into this Agreement in order to enable the Customer to order mobile voice and data Services and Equipment from Vodacom in accordance with the terms and conditions set out in this Agreement.

 

(B)           The Customer has appointed Vodacom to supply order mobile voice and data Services and Equipment to the Customer on the terms and conditions set out below. 

NOW IT IS HEREBY AGREED as follows:

 

  1. DEFINITIONS

 

1.1.             The following expressions shall (unless the context otherwise requires) have the following meanings:

 

Acceptance

means Vodacom’s acceptance of a Purchase Order as set out in clause 3.2.1; and “Accept” and “Accepted’ shall have the corresponding meaning;

 

Access Charge

means the regular charge for the use of a Service or Equipment as specified in the Commercial Terms, or, if not set out in the Commercial Terms as set out in the Standard Price Plan;

 

Agreement

means this Master services agreement and all Annexes;

 

Affiliate

means any company which is a subsidiary of either Party, a holding company of either Party, or a subsidiary of any holding company of either Party (where the terms “subsidiary” and “holding company” shall have the meaning ascribed to them in section 1 of the Companies Act, 2008 (Act No. 71 of 2008)),

 

Applicable Privacy Law

 

 

 

Applicable Law

means Applicable Law applicable to the Processing of Personal Data under the Customer Agreement, including but not limited to PoPiA

 

means law, regulation, binding code of practice, rule or requirement of any relevant government or governmental agency, professional or regulatory authority, each as relevant to (i) Vodacom in the provision/receipt of the Services and/or (ii) Customer/Supplier in the receipt/provision of the Services or the carrying out of its business.

 

Artificially Inflated Traffic

means a flow of calls for any particular Service which Vodacom believes is: (i) disproportionate to the flow or volume of calls which Vodacom expects from good faith commercial practice and usage of the Network; or (ii) disproportionate to Customer’s previous call profiles (in any given month) with Vodacom; or (iii) uses automated means to make calls using the Network (save where this is expressly approved by Vodacom in writing);

 

Authorised User

means any director, officer, employee or sub-contractor of the Customer that receives a username and password in order to gain access to one or more of the Services;

 

Authority

 

means those governments, agencies, professional, and regulatory authorities that supervise, regulate, investigate, or enforce Applicable Law.

 

Annexes

means an annex attached to this Agreement;

 

Associated Company

means any corporate body in which the Customer has a Controlling Interest;

 

Business Day

means any day which is not a Saturday, a Sunday or a public holiday in South Africa;

 

Call Charges

means charges for a unit of airtime or data volume as set out in the Commercial Terms or if they are not set out in the Commercial Terms, as set out in the Standard Price Plan;

 

Change

means addition to, variation, consensual cancellation or notation of, any amendment to this Agreement excluding those made under Clauses 22.2 and 22.3;

 

Charges

mean the Call Charges, Equipment Charges, Access Charges and any other charges or fees agreed under the Agreement;

 

“Clause” or “clause”

means a clause in the main body of this Agreement;

 

Commercial Terms

means the commercial terms applicable to this Agreement as set out in any Annex or a signed Proposal accepted by Vodacom;

 

Confidential Information

means any commercial, financial, technical, legal, marketing or other data, know-how, trade secrets or any other information of whatever nature relating to a Party or any of its Affiliates or their respective businesses which has been disclosed (whether in writing, orally or by another means and whether directly or indirectly) by or on behalf of that Party to the other Party  whether before or after the date of the Agreement or issuance of an Agreement (as applicable);

 

Connection Date

means the date the SIM is connected to the Network as set out in the Transaction Schedule;

 

Content

means digitally stored and transmitted material, including text, pictures, images, audio, video, games, graphics, software or services incorporating any of these things;

 

Controlling Interest

means the beneficial ownership of more than 50% of the issued share capital, or the legal power to direct the general management of the company in question;

 

Controller

means the Party that is defined by Applicable Privacy Law as being legally responsible for ensuring that Personal Data and/or Traffic Data are processed in accordance with the obligations of that Applicable Privacy Law;

 

Customer Data

all data either provided by the Customer or generated through the provision of the Service as well as all information relating to the Customer in terms of its categorisation within a group or type based on various demographic, psychographic and/or geographic characteristic;

 

Data

means Personal Data and Traffic Data;

 

Equipment

means the equipment supplied by Vodacom to the Customer under this Agreement;

 

Equipment Software

means any software which is (i) embedded in and provided by Vodacom at the same time as an item of Equipment or (ii) provided by Vodacom and downloaded to any item of equipment, both as updated from time to time;

 

Equipment Charges

means the charges for the Equipment that are set out in the  Commercial Terms or, if they are not set out in the  Commercial Terms, as set out in the Standard Price Plan;

 

Enterprise Bundle Services

 

Means a flat rate plan where Call Charges are based on a flat rate tariff that includes bearers that are selected by the Customer as more fully described in the applicable Service Schedule;

 

Force Majeure

means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the control of the party including without limitation of the generality of the aforegoing, strikes, lock outs, accidents, illness, fires, explosions, theft, war (whether declared or not), invasion, foreign enemies, hostilities rights, civil insurrection, flood, earthquake, lightning, act of local or national Government, Martial Law or any other cause beyond the reasonable control of the party effected.

 

Information

means the personal data associated with any Subscription;

 

Initial Term

shall mean the initial term of this Master Services Agreement as provided in the Commercial Terms;

 

Intellectual Property Rights

means:
rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademarks or trade and business names), copyright, moral rights, databases, domain names, topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof) and wherever in the world enforceable;

 

rights in the nature of unfair competition rights and to sue for passing  off; and

 

trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information;

 

Licence

means the electronic communications network services and/or the electronic communications services licence granted by the National Regulatory Authority  in terms of Electronic Communications Act, No. 36 of 2005, to Vodacom to operate the Network or any replacement or variation thereof;

 

Minimum Spend Commitment

means the minimum sum of money that the Customer commits to pay in Charges over the Initial Term as set out in the Commercial Terms;

 

Minimum Subscription Term

means a period of 24 (twenty four) months being the minimum period of connection to the Network and/or Services for a SIM under a Subscription;

 

Minimum Service Schedule  Period

means the minimum, term or duration of a Service provided in terms of this Agreement as specified in the Commercial Terms  and/or in a Service Schedule or if not so specified, shall be the Initial Term;

 

Network

means the mobile communications network of Vodacom.

 

Network Services

means the services which enable the Customer to connect to the Network and use and access the services and facilities provided by, on or over the Network whether using GSM, GPRS or 3G (which are network operating standards);

 

National Regulatory Authority ’

means the national regulatory authority for electronic communications or telecommunications services in South Africa being, for the time being, the Independent Communications Authority of South Africa vested with the power and authority in terms of the Independent Communications Authority Act of South Africa, No. 13 of 2000;

 

Numbers

means Subscriber Number or MSISDN number, the Mobile Station Integrated Services Digital Network number used or to be used by the Customer or its authorised User for the purpose of obtaining the Network Services;

 

Operator or Processor

means the person that Processes data on behalf of the  Responsible Party;

 

Party or Parties

means Vodacom and the Customer (each individually a â€œparty” or “Party” and together the “Parties” or â€œparties”);

 

Personal Data

means personal information as defined in PoPiA and/or any information that relates to an identified or identifiable individual or juristic person;

 

PoPiA

means the Protection of Personal Information Act no 4 of 2013;

 

Privacy Authority

 

means the Authority that enforces the Applicable Privacy Law in the relevant jurisdiction;

 

“Process”, "Processing" or "Processed"

means obtaining, recording, or holding information or data or carrying out any operation or set of operations on it;

 

Processor (or Operator)

means the Party that is defined by Applicable Privacy Law as carrying out Processing for a Responsible Party;

 

Purchase Order

means the purchase order agreed  by Vodacom and the Customer to be used for ordering the Services or Equipment;

 

Representative

 

 

Responsible Party or  (Controller)

means any director, officer, employee or sub-contractor of the Customer or Vodacom;

 

means the person that determines the purposes and means of Processing the data;

 

RICA

Regulation of Interception of Communications and Provision of Communication-related information Act, 2002 (Act 70 of 2002) as amended from time to time, or any act that may repeal or replace it including all regulations and government notices published in terms thereof;

 

Services

means the Network Services and any other local services which Vodacom provides to the Customer under this Agreement as specified in Annex 1. Any additional terms and condition applicable to such Services will be set out in the applicable Service Schedule as the case may be;

.

Service Schedule

means a schedule to this Agreement specifying the Service Specific Terms and conditions relating to a particular Service or Equipment;

 

Service Specific Terms

Means the terms and conditions set out in each Service Schedule which apply to the provision of a specific Service;

 

SIM

means a subscriber identity module which is an electronic memory device for storing user specific data to allow controlled and secure use of the Equipment on the Network;

 

Site Survey

means a survey of a Customer site to assess whether (in Vodacom’s opinion) the existing infrastructure is sufficient for the deployment of the fixed line services at that site;

 

Software

means any software included in any Equipment or Services provided to the Customer or Users;

 

Standard Price Plan

means Vodacom’s standard schedule of charges as may be published from time to time;

 

Start Date

 

 

Sub-Operator or Sub Processor

Shall mean the commencement date of this Agreement as specified in the Commercial Terms;

 

means a sub-contractor that carries out Processing activities in the provision of the Services or fulfils certain obligations of Vodacom under a this Agreement;

 

Subscription

means each SIM (connected to the Network);

 

Subsidy Recovery Charge

Means any early termination charges payable by the Customer as specified in the Commercial Terms;

 

Territory

means South Africa;

 

Third Party Equipment

 

Third Party Provider

means Equipment manufactured by a third party;

 

means a third party contracted by either Vodacom or Customer that provides and element of the Services that provides service that connects to the Service. Third Party Providers may include members of the Vodacom Group;

 

Traffic Data

means any data Processed for the purpose of the conveyance of a communication on an electronic communications network and for the billing thereof;

 

Transaction Schedule

means the schedule issued to the Customer on an on-going basis detailing each Subscription and Connection Date thereof which is allocated to and utilised by a User in terms of this agreement;

 

User

means an individual end user of the Equipment and/or Services provided to the Customer who shall be a permanent or temporary employee or sub-contractor of the Customer;

 

Vodacom

Vodacom (Pty) Ltd registration number 1993/003367/07 of 082 Vodacom Boulevard, Vodavalley, Midrand.

 

Vodacom Group

shall mean any company which is a subsidiary of Vodacom, a holding company of Vodacom, or a subsidiary of any holding company of Vodacom (where the terms “subsidiary” and “holding company” shall have the meaning ascribed to them in section 1 of the Companies Act, 2008 (Act No. 71 of 2008));

 

1.2.             Words indicating any gender shall include the other genders.  Words indicating natural persons shall include legal entities (incorporated or unincorporated), and vice versa.  Words indicating the singular shall include the plural and vice versa.

 

1.3.             Where in any definition rights and/or obligations are conferred and/or imposed, same shall be regarded and effect given thereto as a substantive provision of this Agreement.

 

1.4.             Where any definition is contained in any clause (or sub-clause) the meaning/s ascribed shall apply when used elsewhere in this Agreement, unless in the context a contrary intention is expressly indicated.

 

1.5.             The terms, conditions, rights, warranties, promises, undertakings, covenants, obligations and provisions contained, conferred or imposed under this Agreement (and all of which are, for the purposes of this clause 1.5, referred to as â€œprovisions”) are severable and divisible as to each provision or part thereof, and should any provision be found to be invalid or unenforceable by a competent Court (or by an arbitrator or arbitrators appointed in terms of this Agreement), the remaining provisions or parts thereof shall remain of full force and effect.

 

1.6.             Where any particular number of Days is provided for the doing of any act for any purpose, the reckoning shall exclude the first Day and shall include the last Day. A "Day" means any day other than a Saturday, Sunday or statutory public holiday in the Republic of South Africa. Unless the context indicates otherwise, any reference to a number of Days shall be a reference to a continuous period.

 

1.7.             Where any amounts are referred to in numerals and in words, in the event of any conflict, the amount referred to in numerals shall prevail.

 

1.8.             Schedules to this Agreement shall be deemed to be incorporated in and form an integral part of this Agreement.

 

1.9.             A reference to any statute shall be construed as a reference to that statute as at the Signature Date and as amended or replaced from time to time.

 

1.10.          No provision herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have structured, drafted or introduced such provision.

 

1.11.          The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.

 

1.12.          Where in this Agreement any party is required to take reasonable steps or effort with regards to any obligation arising in terms of this Agreement, the reasonable man’s test as prescribed by law will apply.

 

  1. STRUCTURE AND SCOPE & TERM OF THE AGREEMENT
     

2.1.        Overview: This Agreement is made up of this main body and the Annexes, Service Schedules and any other appendices attached thereto (the “Agreement”).

2.1.1                     Main body: This main body sets out the general terms and conditions for the provision of Services and Equipment.

 

2.1.2                     Annexes & Schedules: The Annexes and Schedules contain the Commercial Terms and provisions relating the Services to be provided by Vodacom. Any Service Schedules forming part of this Agreement and attached hereto contain additional terms and conditions applicable to the provision of the Services and Equipment  referred to in that Service Schedule (Service Specific Terms and conditions).

 

2.2.              In the event of any conflict between the provisions of this Agreement the following shall be the order of precedence (highest level of precedence first): 

2.2.1                         the Commercial Terms;

 

2.2.2                         the Service Specific Terms and conditions; and

 

2.2.3                         the main body of this Agreement.

 

2.3.              Start date: Notwithstanding the date of signature hereof, this agreement shall be effective from the Start date and shall remain in force for the Initial Term unless terminated earlier in terms of clause 20 (Termination of a Subscription or this Agreement) below.

2.4.              Term: Unless terminated earlier in terms of clause 20 (Termination of a Subscription or this Agreement) below, the Agreement shall continue after the Initial Term for a further period agreed to by the parties and the Initial Term and any additional period shall be the “Term” for the Agreement. 

2.5.              Each Subscription shall commence on the Connection Date and shall remain in force for the Minimum Subscription Term whereafter it shall automatically be renewed on a month to month basis until the expiration of the Initial Term unless terminated earlier in terms of clause 20 (Termination of a Subscription or this Agreement) below.

 

  1. ORDERING PROCEDURE FOR SERVICES AND EQUIPMENT 

 

3.1               Completing Purchase Orders: Where Purchase Orders are required for additional Services and Equipment and/or new Services and Equipment ordered under this Agreement. The Customer is responsible for accurately completing each Purchase Order.

 

3.2               Accepting Purchase Orders:

 

3.2.1                         Vodacom shall Accept, reject or request further information about a Purchase Order within the service levels (if included within this Agreement); or within 72 hours of receipt from the Customer;

 

3.2.2                         Vodacom shall not unreasonably withhold its Acceptance of a Purchase Order.

 

3.2.3                         Vodacom shall Accept a Purchase Order either (a) in writing (electronic mail permitted) or (b) by performing the Services or providing the Equipment in a Purchase Order.

 

3.3               Availability: If Vodacom does not have, or is unable to provide the Equipment or Services requested, Vodacom shall agree with the Customer to provide alternative Equipment or Services (if practicable to do so).

 

3.4               Incorporation of terms: Each accepted Purchase Order shall be subsidiary to this Agreement and shall be deemed to incorporate the terms of this Agreement.

 

3.5               Associated Companies

 

3.5.1                         Associated Companies using this Agreement: The Customer and Vodacom may agree in writing  but are under no obligation to do so, that an Associated Company is entitled to purchase Services or Equipment from Vodacom using the terms set out in this Agreement. In such a case and at the option of Vodacom either (a) the Customer will purchase on behalf of the Associated Company or (b) the Associated Company will be entitled to issue a Purchase Order to Vodacom. The Customer will inform the Associated Company of the terms of this Agreement and the Customer will remain liable to Vodacom for all obligations of the Associated Company, including the payment for any Services or Equipment provided to the Associated Company.

 

3.5.2                         List of Associated Companies: Where necessary, a list of approved Associated Companies will be attached as an Appendix to this Agreement.

 

3.6               Service Schedule

 

3.6.1                         Each Service Schedule shall contain the Service Specific Terms and shall be deemed to be a separate agreement on the terms and conditions set out in the Service Schedule and the termination of any specific Service shall not be deemed to constitute a termination of any other Service Schedule or this Agreement, all of which shall continue to be of full force and effect.

 

3.6.2                         In the event of any conflict or inconsistency between a Service Schedule and the main body of this Agreement, then the provisions of the Service Schedule shall prevail to the extent to which the conflict relates to the Services and/or Equipment referred to in that specific Service Schedule.

 

3.6.3                         Each Service Schedule shall, where applicable, provide:

 

3.6.3.1                                   a description of the Service to be rendered;

 

3.6.3.2                                   Minimum Service Schedule Period;

 

3.6.3.3                                   the pricing and payment terms as well as any discounts applicable to the Service;

 

3.6.3.4                                   required service levels;

 

3.6.3.5                                   particular undertakings and terms and conditions not contained in this Agreement which pertain to the Service; and which shall be subject to Customer’s acceptance; and

 

3.6.3.6                                   any other information required as provided for in this Agreement.

 

  1. PROVISION OF SERVICES

 

4.1               Services: Vodacom shall supply the Customer with the Services and/or Equipment set out in Annex 1 (Services to be provided by Vodacom) subject to the terms and conditions set out in this Agreement. Vodacom shall provide all Services with all reasonable skill and care but does not guarantee to provide continuous or uninterrupted access to the Services.

 

4.2               Provision of Information and Documents:

 

4.2.1                         Customer Information: The Customer shall provide (and shall make sure that its Users and any Associated Companies shall provide) all necessary information and complete all documentation (including in relation to identification and legitimation) which is required by Vodacom and/or the National Regulatory Authority in order for Vodacom to provide the Services.

 

4.2.2                         Accuracy: The Customer confirms that any information which it provides to Vodacom in connection with this Agreement or the provision of the Services  as contemplated in clause 4.2.1 is and will be complete and accurate and acknowledges that any incompleteness, inaccuracy or mistake may have an adverse effect on the assumptions set out in the Commercial Terms

 

4.3               Customer Responsibilities: If Customer fails to comply with any of its responsibilities under this Agreement including as set out in clause 4.2.1 (Customer Information) and in any Service Schedule, then Vodacom will not be liable for any resulting delay or failure to provide the Services and any relevant time periods for Vodacom shall be extended until the Customer has complied with its responsibilities. Vodacom shall be entitled to charge the Customer for any costs incurred by Vodacom as a result of any failure by the Customer to satisfy such responsibilities.

 

4.4               Network Services:

 

4.4.1                         Without limiting the generality of clause 4.1 above, Vodacom shall provide the Network Services and use all reasonable efforts to make the Network Services available to the Customer at all times. Due to the constraints of radio and electronic communications, the Network Services are not fault free. Information about the constraints of radio and electronic communications can be provided on request.

 

4.4.2                         Notwithstanding the aforegoing, the Customer acknowledges and agrees that service quality, coverage and availability of the Services shall be limited to that provided by the Network and the Services may, from time to time, be adversely affected by physical features such as buildings and underpass as well as atmospheric conditions and other causes of interference; and it shall not hold Vodacom liable for the non-availability of the Services or any alleged inadequacy of the quality thereof.

 

4.5               Roaming: Vodacom shall use all reasonable efforts to obtain access for the Customer to compatible telecommunications networks when the Customer is roaming outside of the Territory subject to the applicable terms and conditions. Vodacom shall not be responsible for the performance of such networks, and the Customer acknowledges that the quality, coverage, features, functions and services of such networks may be different to the Network.

 

4.6               Security of communications: Vodacom shall exercise all reasonable efforts to ensure the security of the Customer’s and Users’ communications. However, for reasons beyond Vodacom’s control, it does not promise or guarantee that communications will be completely secure.

 

4.7               Changes to Services and Equipment: Vodacom may make changes to the Services or  Equipment or any part including enhancements, modifications or replacements, provided that such changes do not materially adversely affect the Customer’s or User’s use of the Services or Equipment.

 

4.8               Network Sunset: Customer hereby acknowledges and accepts that (a) certain Network technologies used to provide the Service on Vodacom Equipment or Customer device hardware / equipment may retire prior to the expiry of the contract; (b) Current Networks may be replaced by further advanced Network technologies during the term of the contract. As a result, Customer agrees that maintaining compatibility of its devices with the available Networks from time to time shall be its responsibility and any associated costs shall be borne by Customer.

 

4.9               Site regulations: Vodacom agrees to comply with any Customer access and security procedures for a Customer site which Vodacom has approved in advance. In addition, the Customer confirms that any person attending a Customer site from Vodacom or on behalf of Vodacom shall have a safe and suitable working environment.

 

  1. USE OF SERVICES AND EQUIPMENT

 

5.1               Compliance with terms: The Customer will only use the Services and Equipment in accordance with (i) applicable law, (ii) the terms of this Agreement, (iii) any documentation provided by Vodacom to the Customer in relation to any Software which restricts the use of the Software to certain feature sets or other restrictions which may apply from time to time; and  (iv) any other reasonable instructions or conditions notified to the Customer by Vodacom (including any given as a result of instructions imposed by the National Regulatory Authority).  Without limiting the generality of the aforegoing, the Customer shall specifically ensure that it complies with all requirements of RICA and in particular shall verify and record all the information that the Customer is obliged to record and store in terms of RICA; The Customer shall ensure that Users also comply with the obligations set out in this clause 5.1.

 

5.2               Restrictions on use of the Services: The Customer shall not use, and shall take reasonable steps to ensure that Users shall not use the Services and Equipment:

5.2.1                         for the transmission of illegal or offensive material;

5.2.2                         for the transmission of material that contains software viruses or any other disabling or damaging programs;

5.2.3                         in any way which impairs or damages the Network or the provision of the Services; or

5.2.4                         fraudulently or illegally or in violation of this Agreement.

 

5.3               No reselling: The Customer shall not resell, distribute, provide or sub-licence the Services or Equipment to any third party except the Customer may provide the Services and the Equipment to a User without further charge. For the avoidance of doubt, the provision of the Services or Equipment to Users shall not be deemed to be reselling.

 

5.4               Accessing the Internet: The Customer may use the Services to access the internet, other data networks, websites and other resources or to download Content and load software applications onto Equipment that generate communications traffic (both intentionally and accidentally). The Customer shall be responsible for all Charges which result from such access. Such access shall be at the Customer’s own risk. Vodacom shall not be responsible for such Content unless Vodacom is the Content provider in which event separate terms and conditions will apply.

 

5.5               Installation of Equipment:  If Equipment is required to be installed, the Customer shall:-

 

5.5.1                         obtain in advance of the installation date all necessary consents to allow the Equipment to be installed;

 

5.5.2                         provide Vodacom with all necessary assistance, documentation and access to premises and property to enable Vodacom to carry out the installation on time;

 

5.5.3                         carry out all preparatory work to allow Vodacom to carry out the installation on time.

 

5.6               Responsibility for Users: Any User may use Equipment and Services provided under this Agreement. The Customer will remain responsible for all obligations relating to the Equipment and Services, including payment obligations.

 

5.7               Authorised Users: Where Vodacom designates that access to a Service (including ordering) shall be provided only to Authorised Users, Vodacom may provide each Authorised User with a user name and password. The Customer shall make sure that such details are kept current, secure, are used only in accordance with this Agreement and that Vodacom is notified of the identity of Authorised Users from time to time. Vodacom accepts no liability for any unauthorised or improper use of any password, or for any unauthorised disclosure of user names and passwords to third parties. The Customer shall be bound by and liable for all acts and omissions conducted using the username and password up until the time that it informs Vodacom those details are being used without authority. The Customer may be required to sign separate terms and conditions to enable access to a Vodacom ordering and/or management portal.

 

5.8               Sanctions and Trade/Export Control

 

5.8.1   Each Party shall, in the context of the Services:

 

5.8.1.1   comply with all economic, trade and financial sanctions laws, regulations, -embargoes or restrictive measures administered (“Sanctions”), as well as all trade control laws and regulations (“Trade Control Laws”) enacted or enforced by the governments of the United Kingdom, European Union, United States of America and any other relevant country;

 

5.8.1.2   not knowingly do anything which may cause the other Party or members of its Affiliate to breach Sanctions;

 

5.8.1.3   provide such assistance, documentation and information to the other party as that Party may reasonably request, including but not limited to, end customer information, destination and intended use of goods or services;

 

5.8.1.4   notify the other Party in writing as soon as it becomes aware of an actual or potential investigation/breach in relation to the Applicable Laws (and in particular, Sanctions and Export controls restrictive measures) or any material change in the status of any of the parties to this agreement in respect of:

 

5.8.1.5   Sanctions status e.g. the inclusion on a Sanctions list in any applicable jurisdiction (as stated in 5.8.1.1 above);

 

5.8.1.6   Licence or authorisation status e.g. a loss of licence/authorisation in respect of Sanctions or Trade Controls;

 

5.8.1.7   have the right to terminate this agreement if any of the provisions of this clause are breached; and

         

5.8.1.8   have the right to seek indemnities from the Party which has breached the relevant provisions for any direct losses incurred.

 

  1. EQUIPMENT

 

6.1               Delivery of Equipment: Vodacom shall deliver Equipment to the delivery address set out in the Purchase Order. A delivery note, quoting the Purchase Order number, shall accompany the Equipment.

 

6.2               Ownership of Equipment:

 

6.2.1                         Title: Ownership of Equipment provided to the Customer free of charge shall remain with Vodacom. Ownership of Equipment purchased by the Customer shall pass to the Customer upon the payment in full for that Equipment.

 

6.2.2                         Risk: Risk in the Equipment shall pass to the Customer upon delivery.

 

6.2.3                         Loss or Damage: If the Equipment is damaged on receipt, the Customer shall notify Vodacom as soon as possible and in any event within 5 (five) Business Days of receipt and provide written details evidencing such damage. If Equipment is not delivered within 10 Business Days of the delivery date specified by Vodacom when the Purchase Order is accepted, the Customer shall notify Vodacom as soon as possible. On receipt of such notice, Vodacom shall, provided that there is no dispute as to delivery or damage, within a reasonable time send replacement Equipment.

 

6.3               Equipment Warranty: Vodacom shall pass on the benefit of any warranties that Vodacom obtains from the manufacturer of any Equipment supplied by Vodacom to the Customer.

 

6.4               Repair and Replacement: If Equipment supplied to the Customer by Vodacom becomes faulty for reasons unconnected with the Customer’s or any User’s acts, omissions or misuse (including failure to follow the manufacturer’s guidelines) of the Equipment within the manufacturer’s warranty period, the Customer shall notify the fault to Vodacom.  On receipt of such notice, Vodacom’s sole liability shall be to at its own option either repair or replace the faulty Equipment in accordance with the terms of the relevant manufacturer’s warranty.

 

6.5               Upgraded Device: If the Customer wishes to upgrade any device which has not completed any Minimum Subscription Term, then the Customer shall pay the full price of such upgraded Equipment (i.e. the non-subsidised price of the Equipment). The upgraded device shall be subject to a connection period equivalent to the balance of the Minimum Subscription Term that applied to the original device.

 

6.6               Installation, Use and Maintenance of Equipment:  If Equipment is required to be installed, used or maintained at a Customer site, then the Customer shall:

 

6.6.1                         obtain in advance of the installation or maintenance date all necessary consents to allow the Equipment to be installed or maintained;

 

6.6.2                         provide Vodacom with all necessary assistance, documentation and access to premises and property to enable Vodacom to carry out the installation or maintenance on time;

 

6.6.3                         carry out all preparatory work to allow Vodacom to carry out the installation or maintenance on time; and

 

6.6.4                         at its own cost and expense provide: (i) suitable space and environmental conditions for the Equipment used to provide the Services, and (ii) all necessary services at the site for the installation, use and maintenance of the Equipment including, for fixed line services, an adequate power supply, lighting, security and equipment bonding with associated earthing.

 

  1. PROVISION OF SIMs

 

7.1               Connection of SIMs: The SIMs shall be delivered to the Customer unconnected to the Network and shall be connected (activated) at the request of the Customer upon receipt of the SIMs subject to compliance with RICA requirements. The Customer acknowledges that in terms of RICA, Vodacom is required to verify and record all the information relating to the Customer and the Customer is obliged to record and store in terms of RICA all the information relating to the Users.

 

7.2               Ownership of SIM: SIMs shall remain the property of Vodacom and are provided for the Customer’s use of the Services.

 

7.3               Customer obligations: The Customer shall:-

 

7.3.1                         use all reasonable efforts to ensure that the SIMs are only used with the Customer’s authorisation;

 

7.3.2                         inform Vodacom as soon as reasonably practicable after the Customer becomes aware that a SIM is lost stolen or damaged; and

 

7.3.3                         if requested by Vodacom use all reasonable efforts to return SIMs to Vodacom after they have been disconnected from the Network.

 

7.4               Unauthorised use: The Customer shall be liable for all Call Charges as a result of unauthorised use of a SIM, up to the time the Customer or User has notified Vodacom that such SIM is being used without authorisation.  Access Charges shall continue to apply.

 

7.5               Theft or Loss of SIM Card

 

7.5.1                         The Customer shall not be liable for any loss, liability, damage or expense incurred or suffered by the Customer after notifying Vodacom in terms of clause 7.5.3, save that the Customer will continue to be liable to pay to Vodacom all Monthly Access Charges relating to such SIM card for the remainder of the Initial Term or any notice period, as the case may be.

 

7.5.2                         Vodacom will immediately lock or temporarily disconnect from the Network a lost, stolen, damaged or destroyed SIM card on receipt of the Customer’s notification of such incident.

 

7.5.3                         In addition, the Customer shall or procure that the User and/or any other person who was in possession, or had control of the SIM-card when it was so lost, stolen or destroyed, in terms of RICA, report to a police official at any police station, whenever SIM-card is lost, stolen or destroyed within a reasonable time after having reasonably become aware of the loss, theft or destruction of the SIM-card and ensure that they obtain written proof in the prescribed form, that the report has been made or, in the case of a telephonic report, with the official reference number of the report.

 

  1. NUMBERS

 

8.1               Provision of Numbers: Vodacom shall allocate mobile telephone numbers to the Customer to access the Network. Vodacom shall be entitled to reallocate or change such numbers as a result of changes in applicable law or instructions from the National Regulatory Authority.  In such event, Vodacom shall use all reasonable efforts to minimise any disruption to the Customer. Vodacom shall be entitled to withdraw any numbers that have been allocated to the Customer as a result of the failure by the Customer or User to comply with this Agreement.

 

8.2               Number Portability: Vodacom shall provide a facility for the transferring of mobile numbers in relation to Subscriptions in accordance with standard industry practice and applicable law.

 

  1. SOFTWARE TERMS

 

9.1  Where the Services or Equipment provided include Software

 

9.1.1                     Grant of licence: Subject to the terms and conditions of this Agreement including any relevant Service Schedule, Vodacom grants or will make sure that the licensor will grant to the Customer from the date on which the relevant Service is first made available to the Customer a non-transferable, non-sublicensable and non-exclusive licence to use the Software during the Term or the Minimum Service Schedule Period in the Territory in object code form for the Customer’s and its Users’ internal use. 

9.2  Restrictions on Use: The Customer shall:

9.2.1                         use the Software only in the Territory (unless otherwise specified in the applicable Service Schedule );

9.2.2                         not (and shall not authorise or allow any third party including any User to): (i) copy or use the Software or any part, unless expressly authorised by this Agreement, (ii) use the Software on unauthorised equipment or products, (iii) modify the Software or create derivative works based upon the Software or reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, unless and only to the extent any foregoing restriction is prohibited by applicable law, (iv) use or allow the Software to be used to perform services for third parties, (v) release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of the Software, or (vii) alter or remove any proprietary notices or legends contained on or in the Software; and

 

9.2.3       make sure that Users also comply with the obligations set out in this clause 9.2. 

9.3               Authorised Users: Where Authorised Users are specified in a Service Schedule, an Authorised User shall be provided with a user name and password by Vodacom. The Customer shall make sure that such details are kept secure, and used only in accordance with this Agreement. Vodacom accepts no liability for any unauthorised or improper use of any password, or for any unauthorised disclosure of user names and passwords to third parties. The Customer shall be liable for all acts and omissions conducted using the username and password up until the time that it informs Vodacom that such details are being used without authority.

9.4               Right to disable: Vodacom may disable the Software and disable any accounts provisioned as part of a Service Schedule upon the expiry of the Minimum Service Schedule Period or termination of that Service Schedule.

9.5               Post termination obligations: Upon termination of the right to use the Software for any reason, the Customer agrees to destroy all copies, including partial copies, of the Software and any related documentation and to certify that the Software is purged from all Equipment, devices, computer memories and storage devices within the Customer’s control.

 

9.6               Equipment Software: Equipment Software is licensed under and subject to the terms of (i) any standard form end user licence agreement, (including shrink wrap or click-through software licences) and open source licence provided with the Equipment (ii) any relevant Service Schedule.

 

9.7               Third Party Software: Where the Services or Equipment include software which is owned by a third party and which is directly licensed to the Customer or Associated Company or User by the third party separately from this Agreement (“Third Party Software”), the Customer acknowledges that such Third Party Software is subject to the terms of any standard form end user licence agreement, (including shrink wrap or click-through software licences) and open source licence provided by the third party with the Services and Equipment.

 

  1. PAYMENT

 

10.1            What the Customer shall pay: The Customer shall pay the Charges.

 

10.2            When to pay: Vodacom shall issue a monthly invoice to the Customer (or, where relevant, make available such invoice for download. The Equipment Charges and Access Charges shall be invoiced upon delivery of the Equipment by Vodacom and the Call Charges and the charges in respect of any value added services shall be invoiced monthly by Vodacom in arrears and the monthly Access Charge shall be invoiced monthly in advance. The Customer shall pay the Charges within 30 (thirty) days of the date on any invoice.

 

10.3            How to pay: The Customer shall pay the Charges via electronic funds transfer (EFT) or direct debit directly into a bank account provided by Vodacom in writing.

 

10.4            Invoice Disputes:

 

10.4.1                      Where the Customer disputes that an invoice or any part of it is payable by the Customer (“disputed amount”), the Customer shall notify Vodacomwithin 21 days of receipt of the invoice of the disputed amount, including details of why the disputed amount is incorrect and/or is being disputed and, if possible, how much the Customer considers to be the correct amount. If the Parties are unable to resolve the disputed amount then the matter shall be referred for resolution in accordance with clause 24 (Escalation Procedure).

 

10.4.2             All other Charges not related to the dispute (“the undisputed amount”) shall be paid in accordance with clause 10.2 (When to Pay).

 

10.4.3             Payment of an invoice does not prejudice the Customer’s or Vodacom’s ability to dispute the accuracy of an invoice within the limitation period under applicable law.

 

10.5       Payment following Invoice Disputes: If an invoice dispute is resolved in favour of the Customer then Vodacomshall immediately issue a credit note in favour of the Customer of the disputed amount. Customer may request that Vodacom add interest to the credit note at the rate in clause 10.6.1 (Charge Interest). If the dispute is resolved in favour of Vodacom then the Customer shall immediately pay the disputed amount to Vodacom.

 

10.6       What Vodacom may do if the Customer does not pay on time: Where the Customer does not pay the Charges by the due date, and has not raised a dispute in accordance with clause 10.4 (Invoice Disputes), Vodacom shall be entitled to do the following:

 

10.6.1             Charge interest: Interest may be charged on any unpaid amount from the payment due date until payment is made by the Customer in full at the prime rate of interest from time to time quoted by the Standard Bank of South Africa Limited, compounded monthly (as certified by any manager of the said Standard Bank of South Africa Limited whose appointment and designation need not be proved).

 

10.6.2             Suspend the provision of the Services/Equipment: If the Customer has not paid within 14 days of receiving notice of the failure to pay, Vodacom shall be entitled to suspend any further deliveries of any Equipment or the provision of any Services until Vodacom has been paid in full. If the non-payment is in respect of a specific User, Vodacom shall be entitled to suspend any further deliveries of any Equipment or the provision of any Services in respect of that User  until Vodacom has been paid in full

 

10.6.3             Withhold any sums owing: Vodacom may withhold any sums currently owing to the Customer by Vodacom by way of credit note or rebate and offset such sums against the sums owing.

 

10.7       VAT: The Charges shall be exclusive of any applicable VAT (or any similar tax in any relevant jurisdiction) which shall be paid in addition by the Customer to Vodacom. If VAT is chargeable in respect of any amount payable hereunder, the Customer shall, upon receipt of an appropriate tax invoice, pay to Vodacom the VAT chargeable in respect of that payment. The Customer agrees to provide its VAT registration number and such other further information as Vodacom may reasonably request in relation to any supply hereunder.

 

10.8      Withholding Tax: The Charges shall be paid without withholding or deduction unless prohibited by any applicable law. If withholding tax is payable by Customer the Customer will, at the same time as making the charge or payment, pay to Vodacom such additional amount as will result in the receipt by Vodacom of the full amount which would otherwise have been receivable had no withholding or deduction been payable and will supply to Vodacom evidence satisfactory to Vodacom that the Customer has accounted to the relevant authority for the sum withheld or deducted. In the event that the Customer is obliged by applicable law to deduct withholding tax from any Charges, the Customer shall assist Vodacom in making necessary filings in order to ensure the provisions of the relevant tax treaty apply to the payment.

 

  1. SUSPENSION OF SERVICES

 

11.1       Material breach: If a Customer or a User commits a material breach of this Agreement, Vodacom shall be entitled to suspend the Services and/or any Equipment from using the Network. -

 

11.1.1          Such suspension will be without notice if this is required by law or there is a breach of 5.1 (Compliance with Terms), clause 5.2 (Restrictions on Use of the Services and Equipment) and clause 5.3 (No Reselling) and each of these shall be deemed to be a material breach. 

11.1.2           Suspension in the event of failure to pay will be as set out in clause 10.6.2 (Suspend the provision of the Services/Equipment);

11.1.3         Subject to clause 11.3, in all other circumstances, prior to such suspension Vodacom will first provide 30 (thirty) days written notice to the Customer. 

11.2       Maintenance:  From time to time Vodacom will need to carry out maintenance, modification and testing of the Network, during which time Vodacom shall be entitled to suspend the Network Services. Vodacom may also suspend the Network Services if there is a technical failure of the Network, to safeguard the security and integrity of the Network or if required by law. Vodacom shall keep all suspensions to a minimum.

 

11.3       Fraud: Vodacom can without notice to the Customer suspend or restrict the use of any of the Services (other than emergency services) by the Customer and/or any User(s) if:

 

11.3.1           Vodacom believes that any number, SIM, Equipment or Services are being used in an unauthorised, illegal or fraudulent way; or

 

11.3.2              where Vodacom identifies what it reasonably determines to be Artificially Inflated Traffic.

 

11.4       Effect of Suspension: If the Services are suspended due to the Customer’s acts and/or omissions, the Customer must pay to Vodacom all reasonable costs and expenses incurred by Vodacom in the implementation of such suspension and/or the recommencement of the suspended Services and all Charges for the Services during any such period of suspension.

 

  1. ENTERPRISE BUNDLE SERVICES & FAIR USAGE

 

In the event of Vodacom providing the Customer with Enterprise Bundle Services subject to Customer’s written approval, Vodacom shall provide the required Enterprise Bundle Services subject to the applicable fair usage terms and conditions. The commercial terms relating to the agreed Enterprise Bundle Services shall where applicable, be specified in the Commercial Terms and the applicable fair usage terms and conditions shall be specified in the Service Schedule.

 

  1. TRANSITION PROVISIONS

 

13.1            Moving Services: The Customer shall make sure that it has fulfilled the terms of any contracts entered into with incumbent suppliers for the provision of services. Vodacom shall not be liable for any early termination fees incurred by the Customer as a result of moving services to Vodacom from such suppliers.

 

13.2            Notices: The Customer shall perform such acts as reasonably required by Vodacom to enable Vodacom to be able to provide the Services including appropriate notifications to the incumbent supplier and necessary authorisations for Vodacom to communicate with the incumbent supplier on behalf of the Customer so that the Services can be provided.

 

13.3            Site Surveys: Vodacom shall only perform Site Surveys for those Customer sites which Vodacom and the Customer agree to have surveyed. For any Site Survey performed, Vodacom will provide the Customer with a report detailing the results of the Site Survey and any work that is required to be undertaken by the Customer at the Customer’s own cost and expense prior to the installation and provision of the Services and/or Equipment. Failure to carry out any such work may delay the provision of the Services and/or mean that Vodacom is unable to provide the Services to the Customer.

 

  1. FIXED LINE SERVICES

 

14.1            Supply: Vodacom shall only supply the fixed line services subject to: (i) Vodacom confirming that the existing infrastructure at the Customer site(s) is sufficient for the deployment of fixed line services at such site(s) or the Customer carrying out any work at the Customer’s own cost and expense which is required by Vodacom to enable Vodacom to provide fixed line services at the Customer site(s) and (ii) Network availability for fixed line services. Vodacom shall have no liability to the Customer to the extent that it is not possible, for technical reasons or otherwise, to be able to provide any of the fixed line services.

 

14.2            Changes to Fixed Line Equipment: The Customer shall not allow anybody other than someone authorised by Vodacom to add to, modify, or alter in anyway Equipment used for the fixed line services provided by Vodacom or its subcontractors. The Customer shall remain liable for any loss or damage to such Equipment provided, except where such loss or damage is due to reasonable wear and tear, or is caused by Vodacom.

 

14.3            Use of Fixed Line Equipment: The Customer shall be responsible for the safe custody and use of the fixed line services and the Equipment used to provide the fixed line services. The Customer shall use such fixed line services and equipment in line with any relevant instructions notified by Vodacom from time to time, and in accordance with all applicable telecommunications standards and laws.

 

14.4            Customer Premises Equipment: The Customer must only use customer premises equipment which Vodacom supplies or which Vodacom has approved as being compatible with the Network. The Customer shall make sure that all Equipment and customer premises equipment is maintained and kept in good working order. Customer premises equipment shall only be connected to the Network using a Vodacom approved network termination point.

 

  1. REPRESENTATIONS & WARRANTIES

 

15.1            The Customer warrants and represents to Vodacom, which enters into this agreement in reliance upon such warranties and representations, that –

 

15.1.1                      all information and details furnished by the Customer to Vodacom as at the date of signature hereof by the Customer, the Connection Date and from time to time thereafter shall be true and correct in every respect and that at such date/s the Customer shall not be aware of any fact, matter or thing which may result in such information being incorrect or varied, save to the extent disclosed by the Customer to Vodacom in writing. The Customer shall make reasonable efforts to ensure that the information provided by the Users shall be true and correct and in doing so shall meet or exceed the standards prescribed by RICA where such information is information required in terms of RICA

 

15.1.2                      it shall notify Vodacom forthwith in writing of any change in such information and/or details;

 

15.1.3                      It shall at all times -

 

15.1.3.1                                not act or omit to act in a way which may damage any property or the Network or however cause the quality of the Services to be impaired;

 

15.1.3.2                                only use or permit the usage of the Number and SIM card as authorised by Vodacom or any Regulatory Authority in regard to the System, from time to time;

 

15.1.3.3                                provide Vodacom with all necessary requests for information and co-operation required by Vodacom for purposes of providing the service;

 

15.1.3.4                                comply with all reasonable instructions given by Vodacom in relation to the use of the Numbers, the SIM cards and the Network;

 

15.1.3.5                                not use or allow others to use the service for any improper, immoral or unlawful purpose.

 

15.2            No other warranties: All warranties, conditions or other terms (whether express, implied or tacit, by statute, common law or otherwise) as to the quality of the Services, the SIM cards or the Numbers or their fitness for any particular purpose are hereby expressly excluded.

 

15.3            Each of the parties represents and warrants that:

 

15.3.1                      it is an entity duly registered under the laws of the Republic of South Africa and is fully qualified and empowered to own its assets and undertake the activities which it carries on;

 

15.3.2                      it has the power to enter into this agreement, and to perform the obligations expressed to be assumed by it herein and has duly authorised the person/s signing this agreement to execute and deliver this agreement on its behalf;

 

15.3.3                      neither the Customer or Vodacom is to the best of its knowledge in wilful breach of or in wilful default under any agreement to which it is a party or which is binding on it or any of its assets;

 

15.3.4                      there are no pending or threatened actions or proceedings before any court or administrative body which might materially adversely affect and party’s financial position or operations.

 

15.4            Each of the representations and warranties given by a Party in terms of this clause shall –

 

15.4.1                      prima facie be deemed to be a material representation of fact inducing the other Parties to enter into this Agreement;

 

15.4.2                      be a separate warranty and in no way be limited or restricted by reference to or inference from any other warranty.

 

  1. DATA PROTECTION

 

Data Protection - When Service Terms Identify Vodacom is Responsible Party or Data Controller

16.1            Vodacom may Process User Personal Information or Personal Data for the following purposes: (a) account relationship management; (b) sending bills; (c) order fulfilment / delivery; and (d) customer service (e) provision of products and services. 

16.2            As an electronic communications services provider, Vodacom may Process Traffic Data for the following purposes: (a) delivering User communications; (b) calculating Charges for each User; (c) identifying and protecting against threats to the Network or Services; and (d) internal use for development and improvement of Network or Services.

16.3            Vodacom may disclose User Personal Data and Traffic Data: (a) to Vodacom and Vodafone Group Companies or suppliers and/or (b) if required by Applicable Law, court order, Information Regulator or Privacy Authority, or any Authority. 

16.4            Vodacom’s privacy notice containing details of how we process personal information can be found on  www.vodacom.co.za:. 

Data Protection â€“ When Service Terms Identify Vodacom is the Operator or Data Processor

16.5            Processing User Personal Data: Vodacom may only Process User Personal Data for: (a) provision and monitoring of the Service; or (b) any other purpose agreed between the Parties in writing. Additional instructions from Customer require prior written agreement and may be subject to Charges. 

16.6            De-identified Data: Vodacom may use User Personal Data to create statistical data and information about service usage and devices that does not identify a User.

16.7            Sub-Operator: Vodacom may engage Sub-Operators. An indicative list of Current Sub-Operators or Sub- Processors are listed at https://www.vodacombusiness.co.za/business/solutions/vodacom-business-sub-processorsall update its list of Sub- Operator from time to time. 

16.8            Sub-Operator Obligations: Vodacom enters into binding agreements with its Sub-Operator that imposes upon the Sub-Operator substantially the same legal obligations for Processing activities as these terms. If a Sub-Operator fails to fulfil its data protection obligations under the agreement, Vodacom remains liable to Customer for the performance of that Sub-Operator’s obligations.

16.9            Data Retention: Vodacom may retain the User Personal Data for as long is permitted by law or as required to deliver the Service and will (at Customer’s option) return User Personal Data in its possession upon termination of the Agreement, or delete such User Personal Data within a reasonable time after the termination of the Agreement, unless Applicable Law requires Vodacom to retain it. 

16.10         Data Access: Vodacom limits access to User Personal Data to those persons necessary to meet Vodacom's obligations in relation to the Service and takes reasonable steps to ensure that they: (a) are under a statutory or contractual obligation of confidentiality; (b) are trained in Vodacom’s policies relating to handling User Personal Data; and (c) do not process User Personal Data except as instructed by Customer unless required to do so by Applicable Law.

16.11         Security: As required by Applicable Privacy Law, Vodacom shall: (a) provide appropriate technical and organisational measures for a level of security appropriate to the risks that are presented by Processing; (b) comply with the security requirements contained in the Vodacom information security policies based on ISO/IEC 27001:2013; (c) provide Customer with such information, assistance and co-operation as Customer may reasonably require to establish compliance with the security measures contained in Applicable Privacy Law; (d) notify Customer without undue delay of any unauthorised access to User Personal Data that Vodacom becomes aware of and that results in loss, unauthorised disclosure, or alteration to the User Personal Data; (e) provide reasonable assistance to Customer in relation to any personal data breach notification that Customer is required to make under Applicable Privacy Law; and (f) provide Customer reasonable assistance, prior to any Processing: (A) with carrying out a privacy impact assessment of the Services; and (B) with a consultation of the relevant Privacy Authority regarding Processing activities related to the Services. Further information on data security measures is found at www.vodafone.com/business/customer-security

16.12         Audit: Where Customer has a right of audit and inspection under Applicable Privacy Law, Customer agrees to exercise its right as follows:

16.12.1                   No more than once each calendar year, Customer may request to review Vodacom’s security organisation and the good practice and industry standards contained in Vodacom’s information security policies. Any audit may only relate to data protection compliance of the Services and the provision of documentary evidence of compliance. If the Transfer Contract Clauses apply, nothing in this clause amends or varies those standard clauses nor affects any data subject or Privacy Authority’s rights under those clauses.

16.12.2                   In connection with an audit, Vodacom shall inform Customer if, in its opinion, any Customer instruction infringes Applicable Privacy Law; however, this requirement does not affect Customer’s responsibility for ensuring its instructions comply with Applicable Privacy Law. 

16.12.3                   Customer is responsible for reviewing the information Vodacom makes available and making an independent determination if the Services meet Customer’s requirements and legal obligations. 

16.13         Transfer of User Personal Data out of South Africa: Vodacom may Process or transfer User Personal Data in countries outside South Africa provided that : the third party who is the recipient of the information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that (i) effectively upholds principles for reasonable processing of the information that are substantially similar to the conditions for lawful processing of personal information relating to a data subject as detailed in PoPiAor any relevant local law (ii) includes provisions, that are substantially similar to this section, relating to the further transfer of personal information from the recipient to third parties who are in a foreign country; (b) the Customer consents to the transfer; (c) the transfer is necessary for the performance of a contract between the Customer and the responsible party, or for the implementation of pre-contractual measures taken in response to the data subject's request; (d) the transfer is necessary for the conclusion of performance of a contract concluded in the interest of the Customer between the responsible party and a third party; or (e) the transfer is for the benefit of the Customer, and (i) it is not reasonably practicable to obtain the consent of the Customer to that transfer, and (ii) if it were reasonably practicable to obtain such consent, the Customer would be likely to give it.        

16.14         Law Enforcement: Vodacom: (a) may receive legally binding demands from a law enforcement Authority for the disclosure of, or other assistance in respect of, User Personal Data, or be required by Applicable Law to disclose User Personal Data to persons other than Customer (a “Demand”); (b) is not in breach of any obligation to Customer in complying with a Demand to the extent legally bound; and (c) will notify Customer as soon as reasonably possible of a Demand unless otherwise prohibited.

 

16.15         User Enquiries: When Customer is required under Applicable Privacy Law to respond to enquiries or communications (including subject access requests) from Users, and taking into account the nature of the Processing, Vodacom will: (a) pass on to Customer without undue delay any such enquiries or communications received from Users relating to their User Personal Data or its Processing; and  (b) have reasonable  technical and organisational measures to assist Customer in fulfilment of those obligations under Applicable Privacy Law. 

16.16         Liability: Exclusions: Neither Party is liable to the other Party (whether in contract, tort (including negligence), breach of statutory duty, indemnity, or otherwise) for: (a) any loss (whether direct or indirect) of profit, revenue, anticipated savings, or goodwill; (b) any loss to or corruption of data; (c) any fines prescribed by any Authorities; (d) any loss arising from business interruption or reputational damage; or (e) any indirect or consequential loss, regardless of whether any of these types of loss were contemplated by either of the Parties at the time of contracting for the relevant Services. Notwithstanding the above exclusions, neither Party excludes or limits any liability: (i) that cannot be excluded or limited by Applicable Law; or (ii) for fines related to breach of Sanctions and Trade Laws.

 

  1. CONFIDENTIALITY AND SECURITY

 

17.1            The Customer agrees to provide to Vodacom all or any information required by Vodacom to enable Vodacom fully and properly to maintain a comprehensive and accurate database of the Customer including (i) the Customer’s name, address, bank details, payment records and (ii) details of the Users relating to each Subscription as provided in the Transaction Schedule (iii) as well as any oral or written enquiries directed by the Customer to Vodacom.

 

17.2            General obligation of confidentiality: During this Agreement, and for 1 (one) year after its termination, Vodacom or Customer when receiving information (“the Recipient”) undertakes to Customer or Vodacom (“Disclosing Party”) respectively:-

 

17.2.1                      to keep Confidential Information confidential and not to disclose the Confidential Information to any third party for any reason or purpose whatsoever without the prior written consent of the Disclosing party provided that the Recipient shall be entitled  to disclose the Confidential Information  only to those directors, officers, employees or sub-contractors who need to know the Confidential Information; The Confidential Information shall be supplied by both parties pursuant to the provisions of this Agreement, and on the understanding that same shall not be used or imparted to any other person or entity whatsoever, save as permitted in This Agreement.

 

17.2.2                      not to use, employ, exploit or in any other manner whatsoever utilise the Confidential Information disclosed to it pursuant to this Agreement for any purpose other than for the purposes of performing its obligations under this Agreement without the prior written consent of the disclosing party;

17.2.3                      not make any copies and/or reproductions in whatsoever form, nor store same electronically in any medium, of the Confidential Information other than solely for the purposes of performing its obligations under this Agreement;

 

17.2.4                      to ensure its directors, officers, employees and sub-contractors comply with this clause 17 (Confidentiality and Security).

 

17.3            Confidentiality does not apply: Clause 17.2 shall not apply to any information which:-

 

17.3.1                      which is otherwise in the public domain or becomes publicly available without the breach of any obligation under this Agreement; and/or other than by a breach of clause 17.2;

 

17.3.2                      is provided by a third party who lawfully acquired it and is under no obligation of confidentiality;

 

17.3.3                      is independently developed by the party receiving the information or any of its Affiliates;

 

17.3.4                      is required to be disclosed by law, the National Regulatory Authority or the rules of any applicable stock exchange. provided that in these circumstances, the receiving party shall advise the disclosing party in writing prior  to such disclosure to enable the disclosing party to take whatever steps it deems necessary to protect its interest in this regard; provided further that the receiving party will disclose only that portion of the information which it is legally required to disclose and the receiving party will use its reasonable endeavours to protect the confidentiality of such information to the widest extent possible in the circumstances;

 

17.3.5                      is known to or in possession of the receiving party prior to disclosure thereof by the disclosing party and is acquired independently of the disclosing party by the receiving party in circumstances that do not amount to a breach of the provisions of this agreement.

 

17.4            Limitation: The parties acknowledge that they shall not acquire by implication or otherwise, any rights, title or interest or licence in or to or in respect of the Confidential Information disclosed to it pursuant to this Agreement, except as may be strictly necessary and allowed for the purposes of this Agreement

 

17.5            Standard Of Care: The receiving party agrees to protect the confidential information of the disclosing party using the same standard of care used to safeguard its own information of a confidential nature and that the confidential information shall be stored and handled in such a way as to prevent any unauthorised disclosure thereof.

 

17.6            Announcements: Any announcement or public statement relating to this Agreement must be approved by both parties in writing prior to its release.

 

17.7            Security of communications: Vodacom shall exercise all reasonable efforts to ensure the security of the Customer’s and Users’ communications and shall, in doing so, comply with all applicable laws and any minimum industry standards. However, for reasons beyond Vodacom’s control, it does not promise or guarantee that communications will be completely secure. The Customer has Security and Privacy measures in place to protect confidential and personal information in relation to its clients, suppliers, contractors, associates as prescribed by Applicable Privacy Law. As a result, the Customer needs to ensure that all its personnel protect any and all information that they are privy too and shall process such information in accordance with applicable legislation, industry good practice and its License requirements

 

  1. INTELLECTUAL PROPERTY RIGHTS (IPR)

 

18.1            Vodacom retains IPR ownership: The Intellectual Property Rights that exist in or in any part of the Equipment or Services supplied under this Agreement, as well as any improvements or modifications thereto, belong to Vodacom or its licensors and, other than necessary for use permitted under this Agreement, no other right, licence or transfer is granted or implied under such Intellectual Property Right.

 

18.2            IPR indemnity in favour of the Customer: Subject to clause 18.3; 18.4 and 18.5, Vodacom agrees to indemnify the Customer for all direct losses (including reasonably incurred legal and other professional costs and expenses) payable to a third party arising out of any proven infringement of any Intellectual Property Rights as a direct result of the use by the Customer of the Services or any Intellectual Property Rights owned by Vodacom and permitted for use by the Customer under this Agreement (“the Claim”).

 

18.3            Requirements for the Customer in respect of a claim: The Customer shall comply with the following requirements to benefit from the indemnity in clause 18.2 (IPR indemnity in favour of the Customer):

 

18.3.1                      the Customer shall promptly notify any claim to Vodacom, giving written details of the claim;

 

18.3.2                      not admit liability, take any action which may prejudice the defence of any Claim or make any agreement or settlement in relation to the claim (unless required by law or a court order) without the prior written consent of Vodacom (not to be unreasonably withheld or delayed); and

 

18.3.3                      the Customer shall give Vodacom all reasonable assistance with reasonable costs met by Vodacom, to enable Vodacom to contest or defend the Claim;

 

18.3.4                      mitigate its losses following a Claim; and

 

18.3.5                      give Vodacom sole conduct of the claim.

 

18.4            Items not covered by the IPR indemnity:Vodacom shall not indemnify the Customer under clause 18.2 (IPR indemnity in favour of the Customer) and the Customer will indemnify Vodacom against any resulting losses if the claim:-

 

18.4.1                      is connected to the use of equipment or services provided by the Customer or third parties (including Third Party software) or arises as a direct result of Vodacom’s compliance with the Customer’s requirement, designs or instructions

 

18.4.2                      results from the combination of the Services or Equipment or any part thereof with products or services not provided by or authorised by Vodacom;

 

18.4.3                      results from the use of the Services or Equipment or part thereof  which is not in accordance with Vodacom’s instructions;

 

18.4.4                      results from modifications by the Customer or any third party to the Services or Equipment or part thereof; or

 

18.4.5                      results from any breach by the Customer, any Associated Company or a User of the provisions of this Agreement or any standard form end user licence agreement, (including shrink wrap or click-through software licences or open source licenses) provided with the Equipment and/or Services; or

 

18.4.6                      relates to use of any original Equipment or Services or any part after a later release is made available to the Customer and communicated by Vodacom as necessary to avoid a Claim.

 

18.5            Sole remedy: The indemnity in clause 18.2 shall be the Customer’s sole contractual remedy in relation to any claim covered by the indemnity.

 

  1. LIABILITY

 

19.1            Certain liability not excluded: Neither a Vodacom nor Customer can exclude liability to the other which cannot be excluded by law.

 

19.2            No liability for consequential losses: Neither Vodacom or Customer shall be liable under this Agreement for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software programs, interruption in use or availability of data or the software programs, stoppage of other work or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in delict or otherwise, whether based on this agreement, any commitment performed or undertaken under or in connection with this agreement, or otherwise. Vodacom shall not be liable for any consequential losses arising as a result of technical or other failure in the Services. Vodacom does not warrant that the service shall be fault free or free of interruptions.

 

19.3            Liability cap: Vodacom’s liability for all claims arising under this Agreement shall not exceed in any 12 month period the amount of the total Charges paid by the Customer in that 12 month. If this Agreement has not been in effect for twelve (12) months prior to the date of the cause of action giving rise to the first Claim, then the limit of liability shall be the average monthly Charges payable for the months from the Start Date of the Agreement until the date of the cause of action giving rise to the first Claim, multiplied by 12.

 

19.4            Exclusions from the liability cap: The Customer’s liability to pay the Charges and the Subsidy Recovery Charge is expressly excluded from the limitation of liability in clause 19.3 (Liability Cap).

 

  1. TERMINATION OF A SUBSCRIPTION OR THIS AGREEMENT

 

20.1            Ending a Subscription: Subject to clause 21 (Consequences of Termination), either party may end a Subscription by serving the other party with 30 (thirty) days written notice provided that this right may only be exercised so that the Subscription ends on or after the expiry of the Minimum Subscription Term. Should the Minimum Subscription Term expire after the Initial Term, the Subscription shall terminate at the expiration of the Initial Term.

 

20.2            Ending this Agreement by Notice: Subject to clause 21 (Consequences of Termination), either party may end this Agreement by serving the other party with 3 (three) months written notice provided that:

 

20.2.1                      the Agreement ends on or after the expiry of the relevant Initial Term; and

 

20.2.2                      any applicable Subsidy Recovery Charge is paid..

 

20.3            Ending a Service Schedule by Notice: Either Party may end a particular Service Schedule on 3 (three) months written notice to the other, provided that:

 

20.3.1                      any Service Schedule ends on or after the expiry of the relevant Minimum Service Schedule Period; and

 

20.3.2                      any amounts specified in the Service Schedule and/or any applicable Subsidy Recovery Charge is paid.

 

20.4            Ending this Agreement for Insolvency: Either party may end this Agreement with immediate effect by writing to the other party if the other party becomes bankrupt or makes an arrangement with or assignment in favour of a creditor, goes into liquidation by an order of Court or under judicial management, whether provisional or final, or administration or a receiver or manager is appointed to manage its business; or cease conducting business in the normal course, or  passes a resolution for its winding up or effect or attempt to effect any compromise with its creditors; or allows any judgement against it to remain unsatisfied for 30 (thirty) days or longer or if business rescue proceedings in terms of Section 132(1) of the New Companies Act, No. 71 of 2008 are instituted.

 

20.5            Ending this Agreement for breach: Either party may end this Agreement immediately upon written notice to the other if, without prejudice to any other legal rights or remedies, including an action for damages, which may be available to the party which gave notice:-

 

20.5.1                      the other party commits a material breach of this Agreement which is capable of remedy and is not remedied within 14 (fourteen)  days of written notice from the first party; or

 

20.5.2                      the other party commits a material breach of this Agreement which is not capable of remedy.

 

  1. CONSEQUENCES OF TERMINATION

 

21.1            Stop Using: On termination of this Agreement or any Service Schedule the Customer, any Associated Companies and its Users shall stop using the Services and Equipment and the SIMs will be disconnected unless otherwise agreed by Vodacom and the Customer.

 

21.2            Service Schedule and Subscriptions: All relevant Service Schedules and Subscriptions shall terminate at the same time as the Agreement and the provisions of clause 21.4 (Subsidy Recovery Charge) below shall apply unless otherwise agreed by the Parties.

 

21.3            Access: Where applicable, Vodacom may after giving reasonable notice to the Customer enter any site where Equipment is located to recover such Equipment and the Customer will not sell or transfer possession of the Equipment to any third party.

 

21.4            Subsidy Recovery Charge: If:-

 

21.4.1                      the Customer requests the ending of any Subscription which has not fulfilled a Minimum Subscription Term; or

 

21.4.2                      ending of this Agreement results in the ending of any Subscription which has not fulfilled a Minimum Subscription Term;

 

the Customer shall pay any applicable Subsidy Recovery Charge. This clause does not apply if the Customer has ended this Agreement under clauses 20.3 (Ending this Agreement for insolvency) or 20.5 (Ending this Agreement for breach).

 

21.5            Accrued Rights not affected: Termination of the Agreement shall not end or affect any accrued rights or obligations of either Vodacom or the Customer.

 

21.6            Survival of terms: Clauses 16 (Data Protection), 17 (Confidentiality and Security), 19 (Liability), 21 (Consequences of Termination), 28.2 (Notices) and 28.5 (Governing Law) of this Agreement shall continue in force after this Agreement ends.

 

  1. CHANGING THE TERMS OF THIS AGREEMENT

 

22.1            Changes: With the exception of Changes made in accordance with clauses 22.2 (Amendments required by law) and 22.3 (Other Amendments) no Change and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by or on behalf of the duly authorised representatives of both parties. For the purposes of this clause, “written document” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the Electronic Communications and Transactions Act 25 of 2002, and “signed” shall mean a signature executed by hand with a pen and without any electronic process and/or intervention to this Agreement.

 

22.2            Amendments required by law: Vodacom may vary this Agreement at any time by giving written notice to the Customer when such variations are necessary to comply with applicable law or regulation or notices issued by the National Regulatory Authority .

 

22.3            Other Amendments: Vodacom may vary this Agreement at any time by giving written notice to the Customer:-

 

22.3.1                      if such changes are necessary (in Vodacom’s reasonable opinion) as a result of alterations made to the Network, the manner in which it operates, or changes to the way that Vodacom provides Equipment or Services (including where, in Vodacom’s reasonable opinion, it is no longer commercially viable to provide a particular Service) provided that such changes affect at least 90% of Vodacom’s customers and are limited to the extent necessary to take account of such alterations; or

 

22.3.2                      to amend the Charges from time to time. Vodacom warrants in favour of the Customer that any variation in the Charges shall at all times correspond to those charges and fees approved by the National Regulatory Authority , if applicable.

 

22.4            Vodacom shall notify the Customer of changes set out in clause 22.3 (Other Amendments) at least 30 (thirty) days in advance. If the Customer is materially adversely affected by an amendment under clause 22.3.2, then the Customer may escalate the issue. If the issue has still not been resolved after completion of the escalation process set out in clause 24 (Escalation Procedure), the Customer may end a Subscription affected by the amendment on 30 days prior written notice to Vodacom subject to paying the Subsidy Recovery Charge.

 

  1. ASSIGNMENT AND SUBCONTRACTING

 

23.1            Assignment by Vodacom: Neither Vodacom or Customer may assign its rights under this Agreement without the prior written consent of the other party (not to be unreasonably withheld or delayed). However, Vodacom may assign its rights hereunder to any company within the Vodacom Group without the consent of the Customer, and the Customer may assign its rights or transfer its rights and obligations under this Agreement to a subsidiary or affiliate.

 

23.2            Sub-contracting: Vodacom may sub-contract any of its obligations hereunder but shall be responsible to the Customer for the acts or omissions of its sub-contractors.

 

  1. ESCALATION PROCEDURE

 

24.1            Levels of Escalation: Should any disputes or conflict exist (“the Dispute”) in connection with or pursuant to any matter in connection with this Agreement, or the interpretation thereof, including disputes as to its conclusion, binding effect, amendment and termination, other than in respect of provisions which contain their own specific remedies, before that Dispute is referred for resolution by arbitration or litigation, the Parties undertake to enter into negotiations, in good faith, in order to resolve the matter and to arrive, if possible, at an amicable and negotiated solution with regard thereto. Both parties shall use all good faith efforts to resolve the Dispute between themselves. In the event that the Parties are unable to resolve the Dispute, by such negotiation within 5 (five) Days after the date upon which a Party, had, on notice in writing to the other Party, referred the dispute to negotiation (the “Unresolved Dispute”), the Unresolved Dispute shall be escalated for resolution to the duly authorised senior management representatives of the Customer and Vodacom or a third party appointed by both Parties in writing to act as a mediator (and not an arbitrator) to mediate in the resolution of the Unresolved dispute. 

 

24.2            Legal proceedings: Neither Vodacom or Customer  shall issue any legal proceedings in relation to any dispute arising out of this Agreement until the conclusion of the escalation procedure provided for in clause 24 (Escalation Procedure).

 

24.3            Arbitration: The Unresolved Dispute may, at the discretion of the aggrieved party  be referred for resolution in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation

 

24.4            Neither party shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

 

  1. BREACH

 

25.1            Subject to clause 11.1 should either party to this agreement commit a breach (other than a breach expressly referred to in this agreement and in respect of which a remedy has been specified) and remain in default for a period of 14 (fourteen) days after being called upon in writing to remedy such breach, then the party giving such notice shall be entitled to terminate this agreement as against the party to whom notice was given, without prejudice to any other legal rights or remedies, including an action for damages, which may be available to the party which gave notice.

 

25.2            Notwithstanding the provisions of clause 25.1 above, nothing contained in this agreement shall be construed as precluding the right of Vodacom to suspend the provision to the Customer of all or any Services as provided in clause 11.

 

  1. COMPLIANCE WITH THE APPLICABLE LEGISLATION

 

26.1            Vodacom warrants that it is and will remain for the duration of this agreement, fully cognisant of any legislative or regulatory requirements and rulings of the National Regulatory Authority that are directly applicable to the provision of Services under this agreement. Vodacom shall promptly identify and notify the Customer of any relevant changes in law, legislative enactments and/or regulatory requirements and of rulings of the National Regulatory Authority that will impact on the manner in which the Services are provided and which have a direct bearing on any of Vodacom’s obligations under this Agreement. Vodacom shall be responsible for any fines and penalties arising from any non-compliance by Vodacom with any law, legislative enactment or regulatory requirements or rulings of the National Regulatory Authority relating to the delivery or use of the services.

 

26.2            The Customer shall, at all times, comply strictly with all applicable laws, by-laws, rules, any rule of common law, statute or regulation or other subordinate legislation having the force of law when using the Services or Equipment. Without limiting the generality of the aforegoing, the Customer shall ensure that:

 

26.2.1                      it complies with all requirements of RICA and in particular shall verify and record all the information that the Customer is obliged to record and store in terms of RICA;

 

26.2.2                      any applicable and prerequisite licenses, consents and authorities required by any local authorities, governmental bodies, and / or in terms of any by-laws or regulations are in place or are obtained;

 

26.2.3                      it complies with all official regulations or directive or requests for information or circulars published from time to time by the Regulatory Authority as may be communicated by Vodacom from time to time;

 

26.2.4                      generally complies with any other applicable legislation in force from time to time in the Republic of South Africa.

 

26.3            Any reference in this Agreement to "law" means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.

 

26.4            A reference to any statute shall be construed as a reference to that statute as at the Signature Date and as amended or replaced from time to time.

 

26.5            Both Parties agree to comply and abide with any rules, regulations, instructions, requirements or policies that either Party has in place regarding access to its premises, security procedures and/or any other procedures at that Party’s premises or regarding use of that Party’s facilities, and further agrees to sign all documentation necessary to ensure that there will be compliance in this regard. In addition each Party undertakes to comply with all health, security and safety laws, policies, regulations and applicable procedures applicable at the said premises. Without limiting the generality hereof, each party will specifically comply with the Occupational Health and Safety Act 85 of 1993.

 

  1. ANTI-BRIBERY

Vodacom shall comply with all applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption and shall not give or receive any bribes, including in relation to any foreign public official.

 

  1. GENERAL PROVISIONS

 

28.1            Force Majeure: If a Force Majeure event occurs which prevents either Vodacom or Customer from performing any of its obligations under this Agreement to a material extent, the affected party shall not be liable to the other and shall be released from its affected obligations for the period of the Force Majeure event provided that the existence/happening of such cause has been drawn to the attention of the other party within a reasonable time of occurrence of such cause. If the Force Majeure event continues for more than thirty (30) days, either party may terminate the agreement without any further liability

 

28.2            Notices:

 

28.2.1                      The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process, the payment of any monies and for any other purpose arising from this Agreement, as follows:

 

Vodacom â€“ Corporate Park Building, 082 Vodacom Boulevard, Vodavalley, Midrand 

The Customer: …………………………………………………………

28.2.2                      Either party shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.

 

28.2.3                      Any notice given by either party to the other (“the Addressee”) which:

 

28.2.3.1                                is delivered by hand during the normal business hours of the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee at the time of delivery;

 

28.2.3.2                                is posted by prepared registered post to the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the Addressee on the 7th (seventh)  day after the date of posting;

 

28.2.3.3                                is sent by cable or facsimile to the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee on the day following that during which such cable or facsimile is sent, provided that notices sent in this manner shall be confirmed by registered post to the Addressee at its domicilium for the time being.

 

28.3            Illegality: Any provision of this Agreement found to be illegal or unenforceable shall not form part of this Agreement but the remaining provisions shall continue in full force and effect.

 

28.4            Entire Agreement: Each Agreement represents the entire agreement between Vodacom and Customer relating to its subject matter and supersedes any previous agreements between the parties relating to its subject matter.

 

28.5            Governing Law: This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.  The Parties hereto hereby consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court (Johannesburg) of the Republic of South Africa in any dispute arising from or in connection with this Agreement.

 

28.6            Waiver: No indulgence which either party (“the grantor”) may grant the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.

 

28.7            Relation of the Parties: Nothing in this agreement shall constitute a partnership, joint venture, agency or employment between the parties hereto, and neither party shall have the authority or power to bind, or contract in the name of, or to create a liability against, the other in any way of any purpose.

 

28.8            Benefit of the Agreement: This Agreement will inure for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or any of them.

 

28.9            Costs of this Agreement: Each Party will bear and pay its own costs of and incidental to the negotiation, preparation and signature of this Agreement.

 

28.10         No Assignment: The Services and/or Equipment is specific to the Customer and accordingly the Customer shall not cede, assign, transfer or delegate any of its rights or obligations in terms of this agreement to any third party without Vodacom’s prior written consent. Vodacom shall be entitled, at any time, to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligations in terms of this agreement to any of its Affiliates without the Customer’s consent and if, for any reason whatsoever, the consent of the Customer may be required by law, the Customer shall be deemed to have consented thereto in terms of this agreement.

 

28.11         Exclusivity: Nothing in this agreement shall in any way be construed as creating any right of exclusivity in favour of either Party.

ANNEX 1 

COMMERCIAL TERMS

 

 

 

 

 

 

 

3

Minimum Subscription Term

24 months from the Connection Date as set out in the relevant Transaction Schedule;

 

4

Subsidy Recovery Charge

 

 

the number of months remaining of the Minimum Subscription Term multiplied by the Monthly Access Charge

5

Charges

 

Charges shall be as published in the Standard Price Plan or contained in the signed Proposal accepted by Vodacom.

Page Description
Mobile Agreement terms and conditions | Vodacom
Page Title
Mobile Agreement | Terms and conditions
Keywords
Mobile Agreement terms and conditions
Weight
0
Page Category
Page URL
/business/terms/master-airtime-agreement-terms-and-condition

Red for Business+

Red for Business+

The following Terms and Conditions apply to the Vodacom Red for Business and Red for Business + Price Plans ("the Price Plans")

1. These Terms and Conditions must be read in conjunction with the standard terms and conditions contained in the Vodacom Contract airtime agreement and Terms and Conditions Booklet or the Master Services Agreement, whichever is applicable, and where any terms and conditions conflict with each other, these Red for Business (+) Price Plans Terms and Conditions will prevail.

2. These Terms and Conditions do not replace any other terms and conditions, agreements or contracts that exist between you and Vodacom.

3. Vodacom reserves the right to modify the Service(s) where reasonably required and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions, so please update yourself with them on a regular basis.

The Price Plans

4. The Price Plans with limitless minutes for voice calls and / or SMS may not be used for commercial purposes and are intended for reasonable private and personal use only.

5. Vodacom reserves the right to immediately suspend services if, in Vodacom's discretion:

I. Your usage is excessive and is outside of what is considered reasonable for private, non-commercial or if you employ mechanisms and means not intended for personal use;

II. You make use of intelligent call routing devices and bulk calling applications.

III. the SIM card is used in a fixed location or other device to regularly make calls non-compliant devices as specified by the regulating authority, ICASA, are being used on the Vodacom network;

IV. Any bulk calling service for commercial or business purposes is used.

The Red for Business Price Plan

6. The Red for Business (+) Price Plan is subject to a fair usage policy and any extreme usage which may have an impact on the operation of Vodacom's network may be monitored.

7. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.

8.     The following calls are NOT included in the limitless bundle of minutes for voice calls:

i. Bridge Conference Calls

ii. Directory Enquiries / Through Connect portion

iii. International calls

iv. Premium rated calls

v. Roaming services

vi. Premium rated IVR     

vii. Premium rated Dicon

viii. Special Short Codes

ix. Video IVR

x. International VAS and Premium services

xi. Travel Talk

xii. Conference Calls

xiii. Call Sponsor (sponsored calls are charged at the sponsored party's prevailing price plan rate)

9. The bundle of minutes for voice calls included in the Price will be available for use for calls to any local South African network at any time of day. General Service and VAS call rates will be the same as the lodged out of bundle call rate, in accordance with the applicable Red for Business (+) Price Plan.  

Exclusions from the Red for Business Price Plan

10. As a Customer on a Red for Business Price Plan that includes a limitless Voice (talktime) and /or SMS offer you will not be allowed to purchase once-off or recurring bundles for the same services as the limitless offer.

11. Calls or connections to Value Added Services ("VAS") are excluded from the bundle of voice minutes for the Price Plan and will be charged for separately at the current prevailing rate as set out in the applicable price plan.

The Red for Business Price+ Plan

Voice

12. Red for Business+ Plans with limitless voice benefits as per below , will be subject to the below FUP's:-

Price Plan FUP  (minutes per month)
FUP  (minutes per month) 4 500
Red Executive + 7 500


13. Any extreme usage which may have an impact on the operation of Vodacom's network may be monitored. Customer will receive notifications of 80% usage and 100% usage after which outbound voice calls will be barred until such time that a voice bundle is purchased. The counter will be reset at the beginning of each calendar month. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.

Data

14. The monthly data allocation will expire at the end of the month following the month in which it was allocated.

15. Data order of consumption will be as follows: -

a) Free/promotional data bundles;

b) Monthly tariff data allocation;

c) Recurring data bundles;

d) Once-off data bundles;

e) Any carryover of data bundle balances from the previous month.

16. Customers on Red for Business (+) Price Plans (including new connections, upgrades and migrations) will qualify for 4 free Data Sharing SIM cards.

17. The Data Sharing SIM cards will be issued on activation of the Red for Business (+) tariff.

18. No SIM connection fee or monthly service fee will apply to Data Sharing SIMs activated.

19. A maximum of 4 Data Sharing SIM cards can be allocated.

20. Any Data Sharing SIM swops required after activation of the contract will be for the customer's own account

21. Customers migrating to a Price Plan that does not include the free Data Sharing SIMs benefit will be migrated but the benefit will not be carried over.  If the customer wishes to retain the Multi Data SIMs service, the customer will be charged the standard monthly service fee per Multi Data SIM once migrated to the new Price Plan that does not include this benefit.

SMS

22. The limitless SMS option available on selected Red for Business Price Plans will include national SMS to any local South African network,  subject to the exclusions in 29 below.

23. All SMS usage is subject to a fair usage policy and any extreme usage which may have an impact on the operation of Vodacom's network may be monitored. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.

24. SMSs may not be used as part of any bulk SMS sending service for commercial or business purposes.

25. Red for Business Price Plans and SMS bundles are not available to WASP and content providers and cannot be used for bulk message sending.

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

27. Vodacom reserves the right to suspend the service in the event of suspected abuse and/or where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom network.

28. The limitless SMS offer on Red for Business Price Plan(s) may not be used for commercial purposes. Any use of this offer outside of what is considered reasonable for private, non-commercial use and in instances through mechanisms and means not intended for personal use or the anticipated purpose of the offer will be considered as abuse

29. The following SMS categories shall be excluded from the limitless SMS offer:

I. International

II. Premium rated

III. Content services

IV. VAS services

30. The limitless SMS allocation will be available for the duration of the contract and/or while on any of the specific Red for Business Price Plans which offer limitless SMS as part of the standard price plan.

31. Red for Business+ Price Plans with a limitless SMS allocation will be subject to an acceptable usage policy.

32. All SMS usage is subject to a fair usage policy of 9 000 SMS messages per month. Customer will receive notifications of 80% usage and 100% usage after which outbound SMS messages will be barred until such time that an SMS bundle is purchased. The counter will be reset at the beginning of each calendar month. Any extreme usage which may have an impact on the operation of our network may be monitored. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom networkagainst abuse to ensure continuous service quality or sustainability of the service.

SMSs may not be used as part of any bulk SMS sending service for commercial or business purposes. Vodacom reserves the right to suspend the service in the event that is reasonably suspects the use of the SMS sending service for commercial or business purposes.

33. Customers on Red for Business (+) Price Plans will be able to roam at preferential rates in selected countries. The participating countries, zones and applicable rates are annexed hereto and form part of these terms and conditions. Bundled Minutes, SMS and Data do not apply whilst roaming.

34. Customers on Red for Business (+) Price Plans will be able to roam subject to standard business rules for all other roaming destinations. Bundled Minutes, SMS and Data do not apply whilst roaming.  

35. Customers on Red for Business (+) Price Plans will be able to make international calls at preferential rates to selected countries. The applicable countries and rates per zone are available at www.vodacom.co.za. Bundled Minutes, SMS and Data do not apply for international calling.                        

36. Exclusions from the Red for Business (+) Price Plan

More Weekend Minutes will be excluded from all Red for Business (+) Price Plans.

Page Description
The following Terms and Conditions apply to the Vodacom Red for Business and Red for Business + Price Plans (“the Price Plans”)
Page Title
Red for Business + | Terms and Conditions
Keywords
terms, red for business +, business plus, terms and conditions
Weight
0
Page Category
Page URL
/business/terms/red-for-business-plus

Red for Business Price (+) Plans

Red for Business Price (+) Plans

Terms & Conditions

The following Terms and Conditions apply to the Vodacom Red for Business and Red for Business + Price Plans ("the Price Plans")

  1. These Terms and Conditions must be read in conjunction with the standard terms and conditions contained in the Vodacom Contract airtime agreement and Terms and Conditions Booklet or the Master Services Agreement, whichever is applicable, and where any terms and conditions conflict with each other, these Red for Business (+) Price Plans Terms and Conditions will prevail.
  2. These Terms and Conditions do not replace any other terms and conditions, agreements or contracts that exist between you and Vodacom.
  3. Vodacom reserves the right to modify the Service(s) where reasonably required and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions, so please update yourself with them on a regular basis.

The Price Plans

  1. The Price Plans with limitless minutes for voice calls and / or SMS may not be used for commercial purposes and are intended for reasonable private and personal use only. 
  2. Vodacom reserves the right to immediately suspend services if, in Vodacom's discretion:
  3. Your usage is excessive and is outside of what is considered reasonable for private, non-commercial or if you employ mechanisms and means not intended for personal use;
  4. You make use of intelligent call routing devices and bulk calling applications.

iii. the SIM card is used in a fixed location or other device to regularly make calls non-compliant devices as specified by the regulating authority, ICASA, are being used on the Vodacom network;

  1. Any bulk calling service for commercial or business purposes is used.

The Red for Business Price Plan

  1. The Red for Business (+) Price Plan is subject to a fair usage policy and any extreme usage, which may have an impact on the operation of Vodacom's network, may be monitored. 
  2. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.
  3. The following calls are NOT included in the limitless bundle of minutes for voice calls: 
  4. Bridge Conference Calls
  5. Directory Enquiries / Through Connect portion

iii. International calls

  1. Premium rated calls 
  2. Roaming services
  3. Premium rated IVR     

vii. Premium rated Dicon

viii. Special Short Codes

  1. Video IVR
  2. International VAS and Premium services
  3. Travel Talk

xii. Conference Calls 

xiii. Call Sponsor (sponsored calls are charged at the sponsored party's prevailing price plan rate)

  1. The bundle of minutes for voice calls included in the Price will be available for use for calls to any local South African network at any time of day. General Service and VAS call rates will be the same as the lodged out of bundle call rate, in accordance with the applicable Red for Business (+) Price Plan.  

Exclusions from the Red for Business Price Plan

  1. As a Customer on a Red for Business (+) Price Plan that includes a limitless Voice (talk time) and /or SMS offer you will be allowed to purchase once-off or recurring bundles for the same services as the limitless offer.
  2. Calls or connections to Value Added Services ("VAS") are excluded from the bundle of voice minutes for the Price Plan and will be charged for separately at the current prevailing rate as set out in the applicable price plan.

The Red for Business Price+ Plan

Voice

  1. The threshold for price plans with an unlimited/limitless voice allocation is 6500min and 9000min per month for Red Executive +price plan.
  2. Voice activity that would consume from the applicable FUP bundle is subject to a fair usage policy and any extreme usage, which may have an impact on the operation of Vodacom's network, may be monitored. Customer will receive notifications when they have 1 000 minutes remaining in their 6 500FUP allocation, 2 500 minutes in their 9000 allocation and at 100% usage, after which outbound voice calls that would consume from the applicable FUP will be barred until such time that a voice bundle is purchased. The counter will be reset at the beginning of each calendar month. Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.

Data

  1. The monthly data allocation will expire at the end of the month following the month in which it was allocated.
  2. Data order of consumption will be as follows: -
  3. a) Free/promotional data bundles;
  4. b) Monthly tariff data allocation; 
  5. c) Recurring data bundles;
  6. d) Once-off data bundles;
  7. e) Any carryover of data bundle balances from the previous month.
  8. Customers on Red for Business (+) Price Plans (including new connections, upgrades and migrations) will qualify for 4 free Data Sharing SIM cards.
  9. The Data Sharing SIM cards will be issued on activation of the Red for Business (+) tariff.
  10. No SIM connection fee or monthly service fee will apply to Data Sharing SIMs activated.
  11. A maximum of 4 Data Sharing SIM cards can be allocated.
  12. Any Data Sharing SIM swops required after activation of the contract will be for the customer's own account
  13. Customers migrating to a Price Plan that does not include the free Data Sharing SIMs benefit will be migrated but the benefit will not be carried over.  If the customer wishes to retain the Multi Data SIMs service, the customer will be charged the standard monthly service fee per Multi Data SIM once migrated to the new Price Plan that does not include this benefit.
  14. The limitless SMS option available on selected Red for Business Price Plans will include national SMS to any local South African network, subject to the exclusions in 29 below.
  15. Red for Business+ Price Plans with a limitless SMS allocation will be subject to an acceptable usage policy. SMS activity that would consume from the applicable FUP bundle is subject to a fair usage policy and any extreme usage, which may have an impact on the operation of Vodacom's network, may be monitored. Customers will receive usage notifications when they have 1 000 SMSs remaining, and when all 9000 SMS messages have been used, SMS message sending  that consume from the FUP will be barred until such time that an SMS bundle is purchased.  Vodacom reserves the right to apply and implement protection measures to safeguard customers' experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service. 
  16. SMSs may not be used as part of any bulk SMS sending service for commercial or business purposes.
  17. Red for Business Price Plans and SMS bundles are not available to WASP and content providers and cannot be used for bulk message sending.
  18. If the SIM card is used in a fixed geographic location to regularly send bulk SMSs to multiple numbers, the service will be suspended immediately.
  19. Vodacom reserves the right to suspend the service in the event of suspected abuse and/or where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom network.
  20. The limitless SMS offer on Red for Business+ Price Plan(s) may not be used for commercial purposes. Any use of this offer outside of what is considered reasonable for private, non-commercial use and in instances through mechanisms and means not intended for personal use or the anticipated purpose of the offer will be considered as abuse
  21. The following SMS categories shall be excluded from the limitless SMS offer:
  22. International 
  23. Premium rated

iii. Content services

  1. VAS services
  2. The limitless SMS allocation will be available for the duration of the contract and/or while on any of the specific Red for Business Price Plans, which offer limitless SMS as part of the standard price plan.

The Table below indicates applicable voice and SMS FUP limits by price plan.

Price Plan Name

SMS

Voice

Red Value+

9000

N/A

Red Business+

9000

N/A

Red Professional+

9000

6500

Red Executive+

9000

9000

Red Business

9000

N/A

Red Professional

9000

N/A

Red Executive

9000

9000

  1. Customers on Red for Business (+) Price Plans will be able to roam at preferential rates in selected countries. The participating countries, zones and applicable rates are annexed hereto and form part of these terms and conditions. Bundled Minutes, SMS and Data do not apply whilst roaming. 
  2. Customers on Red for Business (+) Price Plans will be able to roam subject to standard business rules for all other roaming destinations.  Bundled Minutes, SMS and Data do not apply whilst roaming.  
  3. Customers on Red for Business (+) Price Plans will be able to make international calls at preferential rates to selected countries. The applicable countries and rates per zone are available atwww.vodacom.co.zaBundled Minutes, SMS and Data do not apply for international calling.                        
  4. Exclusions from the Red for Business (+) Price Plan –

More Weekend Minutes will be excluded from all Red for Business (+) Price Plans

Annexure

Zone1

Zone2

Zone 3

ANGUILLA

AFGHANISTAN

CUBA

INDONESIA

MOROCCO

SWITZERLAND

MAURITIUS

ANTIGUA AND BARBUDA

ALAND ISLANDS

CYPRUS

IRAN

MOZAMBIQUE

SYRIA

ZIMBABWE

ARGENTINA

ALASKA

CZECH REPUBLIC

IRAQ

MYANMAR

THURAYA

 

ARMENIA

ALBANIA

DEMOCRATIC REPUBLIC OF THE CONGO

IRELAND

NAMIBIA

TIMOR

 

BRITISH VIRGIN ISLANDS

ALGERIA

DENMARK

ISLE OF MAN

NEPAL

TOGO

 

BRUNEI

ANDORRA

DJIBOUTI

ISRAEL

NETHERLAND ANTILLES

TONGA

 

BULGARIA

ANGOLA

DOMINICA

ITALY

NETHERLANDS

TRINIDAD AND TOBAGO

 

BURKINA FASO

ARUBA

DOMINICAN REPUBLIC

JAMAICA

NEW CALEDONIA

TUNISIA

 

ECUADOR

AUSTRALIA

ESTONIA

JAPAN

OMAN

TURKEY

 

EGYPT

AUSTRIA

ETHIOPIA

JERSEY

PAKISTAN

TURKMENISTAN

 

EL SALVADOR

AVIATION

FAROE ISLANDS

JORDAN

PALESTINE

TURKS AND CAICOS

 

EQUATORIAL GUINEA

BAHRAIN

FIJI

KAZAKHSTAN

PANAMA

UGANDA

 

MALTA

BANGLADESH

FINLAND

KENYA

REPUBLIC OF CONGO

UKRAINE

 

MARTINIQUE

BARBADOS

FRANCE

KIRIBATI

REPUBLIC OF MOLDOVA

UNITED ARAB EMIRATES

 

MAURITANIA

BELARUS

FRENCH GUYANA

KOSOVO

REUNION

UNITED KINGDOM

 

PAPUA NEW GUINEA

BELGIUM

FRENCH POLYNESIA

KUWAIT

ROMANIA

UNITED STATES

 

PARAGUAY

BELIZE

GABON

KYRGYZSTAN

RUSSIA

URUGUAY

 

PERU

BENIN

GAMBIA

LAOS

RWANDA

UZBEKISTAN

 

PHILIPPINES

BERMUDA

GEORGIA

LATVIA

SAINT BARTHELEMY

VANUATU

 

POLAND

BHUTAN

GERMANY

LEBANON

SAINT KITTS AND NEVIS

   

PORTUGAL

BOLIVIA

GHANA

LESOTHO

SAINT LUCIA

   

PUERTO RICO

BOSNIA AND HERZEGOVINA

GIBRALTAR

LIBERIA

SAINT MARTIN

   

QATAR

BOTSWANA

GREECE

LIBYA

SAINT VINCENT AND THE GRENADINES

   

SAO TOME AND PRINCIPE

BRAZIL

Greenland

LIECHTENSTEIN

SAMOA

   

SAUDI ARABIA

BURUNDI

GRENADA

LITHUANIA

SAN MARINO

   

SENEGAL

CAMBODIA

GUADELOUPE

LUXEMBOURG

SERBIA

   

SUDAN

CAMEROON

GUAM

MACAU

SEYCHELLES

   

SURINAME

CANADA

GUATEMALA

MACEDONIA

SIERRA LEONE

   

TAIWAN

CAPE VERDE

GUERNSEY

MADAGASCAR

SINGAPORE

   

TAJIKISTAN

CENTRAL AFRICAN REPUBLIC

GUINEA

MALAWI

SLOVAK REPUBLIC

   

TANZANIA

CHILE

GUINEA-BISSAU

MALAYSIA

SLOVENIA

   

TCHAD

CHINA

GUYANA

MALDIVES

SOLOMON ISLANDS

   

THAILAND

COLOMBIA

HAITI

MALI

SOMALIA

   

VATICAN CITY

COOK ISLANDS

HONDURAS

MEXICO

SOUTH KOREA

   

VENEZUELA

COSTA RICA

HONG KONG

MONACO

SPAIN

   

VIETNAM

COTE D'IVOIRE

HUNGARY

MONGOLIA

SRI LANKA

   

YEMEN

CROATIA

ICELAND

MONTENEGRO

SWAZILAND

   

ZAMBIA

CRUISE SHIPS

INDIA

MONTSERRAT

SWEDEN

   

Table 1 below displays participating countries and the zones they fall under.   The table will be updated accordingly as and when rates and changes are made: 

Table 1: Participating countries zones

The table below provides the Red Travel Saver rates across all 3 zones 

 

ZONE 1

ZONE 2

ZONE 3

Daily Fee

N/A

N/A

R 30.00

Voice per min

R 2.50

R 7.50

R 10.00

Data per MB

R 2.00

R 7.50

R 1.00

SMS

R 0.80

R 2.00

R 2.00

Table 2: Red Travel Saver Rates

Red for Business Roaming Data Bundles

  1. By subscribing to a Red for Business+ price plan, you will be allocated with the Red for Business Roaming Data Bundles in accordance with the bundle allocations below.
  2. Bundle allocations: 

Red Value+ - 50MB

Red Business+ - 100MB

Red Professional+ - 200MB

Red Executive+ - 300MB

  1. The bundle is available for roaming in Travel Saver Zone 1 countries only
  2. Red for Business+ price plans are only available to Business customers
  3. These Red for Business Roaming Data Bundles are available exclusively on Red for Business+ price plans
  4. Red for Business Roaming Data Bundle has a validity of 30 days
  5. Roaming Bundles or any remaining data allocation cannot be extended, carried over or transferred
  6. Benefits are available to new and existing Red for Business+ customers
  7. You will be billed at Red Travel Saver rates once the Red for Business Roaming Data Bundle is depleted.
Page Description
View the Red for Business Price Plans terms and conditions onli
Page Title
Red for Business Price Plans | Terms and Conditions
Keywords
Red for Business Price Plans,terms,conditions,ready,business,red,price,plans,conditions
Weight
0
Page Category
Page URL
/business/terms/red-for-business-price-plans-terms-and-conditions