Red for Business Price (+) Plans

Vodacom Contract Price Plans

Terms & Conditions for RED, MyRed, Red+ and Smart + price plans.

  1. The following Terms and Conditions relate to the Vodacom contract price These Terms and Conditions must be read in conjunction with the standard Terms and Conditions contained in the Vodacom Contract airtime agreement, and the Terms and Conditions Booklet. Where any terms and conditions conflict with each other, these RED, Red+ and Smart + price plans terms and conditions will prevail.
  1. These Terms and Conditions do not replace any other Terms and Conditions, agreements or contracts that exist between the customer and Vodacom.
  1. Your subscription to the Service constitutes your acceptance of these Terms and 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.
  1. The Voice bundle included on Vodacom contract price plans will be available for use for calls to any local network, within the borders of South Africa, at any time of the
  1. General Service and VAS calls will have the out-of-bundle call rate applied respective of your price plan. Data and SMS usage over and above the monthly bundled allocation, other bundled allocations, or to premium rated services will also have the out-of-bundle rate applied, unless otherwise Please see the table below for billing reference.

Price Plan

*Voice rate pm out of bundle, or for general service & VAS calls

Data rate per MB out of bundle

*SMS rate per 160 characters out of bundle

Smart Price Plans

Smart More Data 2GB

R1.79

R0.49

R0.52

Smart More Data 4GB

R1.79

R0.49

R0.52

Smart More Data 6GB

R1.79

R0.49

R0.52

Smart + Price Plans

Smart XS+

R1.79

R0.49

R0.52

Smart S+

R1.79

R0.49

R0.52

Smart M+

R1.79

R0.49

R0.52

Smart L+

R1.53

R0.49

R0.52

RED + Price Plans

Red Select TopUp +

R1.28

R0.49

N/A

Red Select +

R1.28

R0.49

N/A

Red Classic +

R1.28

R0.49

N/A

Red Premium +

R1.28

R0.49

N/A

Red VIP +

R1.03

R0.49

N/A

RED Price Plans

RED 500MB 50min

R1.79

R0.29

R0.52

RED 1GB 100min

R1.79

R0.29

R0.52

RED 1GB 200min

R1.79

R0.29

R0.52

RED 1GB 400min

R1.79

R0.29

R0.52

RED 1GB 600min

R1.79

R0.29

R0.52

RED 1GB 800min

R1.79

R0.29

R0.52

RED 2GB 100min

R1.79

R0.29

R0.52

RED 2GB 200min

R1.79

R0.29

R0.52

RED 2GB 400min

R1.79

R0.29

R0.52

RED 2GB 600min

R1.79

R0.29

R0.52

RED 2GB 800min

R1.79

R0.29

R0.52

RED 3GB 100min

R1.79

R0.29

R0.52

RED 3GB 200min

R1.79

R0.29

R0.52

RED 3GB 400min

R1.79

R0.29

R0.52

RED 3GB 600min

R1.79

R0.29

R0.52

RED 3GB 800min

R1.79

R0.29

R0.52

RED 5GB 100min

R1.79

R0.29

R0.52

RED 5GB 200min

R1.79

R0.29

R0.52

RED 5GB 400min

R1.79

R0.29

R0.52

RED 5GB 600min

R1.79

R0.29

R0.52

RED 5GB 800min

R1.79

R0.29

R0.52

RED 10GB 100min

R1.28

R0.29

R0.52

RED 10GB 200min

R1.28

R0.29

R0.52

RED 10GB 400min

R1.28

R0.29

R0.52

RED 10GB 800min

R1.28

R0.29

R0.52

RED VIP 15GB Unlimited

N/A

R0.29

N/A

RED VIP 30GB Unlimited

N/A

R0.29

N/A

RED VIP 100GB Unlimited

N/A

R0.29

N/A

  1. Voice, SMS and Data bundles allocated on Smart/Smart+, RED/RED + and My Red price plans, will have a carry-over of 1 calendar month post the allocation month. Voice minutes carried over on migration from another Vodacom bundled price plan will be subject to the same carry-over rule. All unused bundles at the time of expiry will be
  1. Vodacom reserves the right to charge for VoIP calls on selected price plans and at applicable lodged rates.
  1. More Weekend Minutes will be excluded from all new Vodacom contract price plans
  1. If you migrate to or from a Vodacom contract price plan with a limitless/unlimited voice and/or SMS option, there will be no migratory carry-over of any voice bundles/free minutes, and/or SMS bundles to or from this price plan.
  1. If a migration is performed from a price plan with bundled Voice, SMS or Data, as part of the price plan offer, to any other price plan, regardless of whether the new price plan selected incorporates any bundled Voice, SMS or Data offerings; you may forfeit all, or a portion of the accumulated bundle/s.
  1. If you migrate to or from a Vodacom price plan with a limitless/unlimited voice and/or SMS offer, you will not carry over any benefits from the limitless/unlimited price plans to the new Price
  1. Calls or connections to value added services are excluded from the inclusive voice bundles, and will be charged for separately at the general service, VAS and Out Of Bundle call rate respective of your price
  1. The voice bundles allocated on Vodacom contract price plans, will be applicable for use in the following scenarios:
  1. Vodacom to Cell C, MTN, Vodacom and Telkom Mobile (Any Network Any Time) within the borders of South Africa, including VoLTE (Voice over LTE) and VoWi-Fi (Voice over Wi-Fi/Wi-Fi Calling) calls made to these mobile networks using compatible
  1. Vodacom to Telkom Landline, Neotel Landline and all VANs numbers (VANS 087 numbers, geographic and non-geographic numbers, Vodacom Business)
  • Voicemail deposits

Bundled voice, limitless and unlimited voice offers are not applicable to international calls, roaming calls and VoIP data calls made on a compatible device.

  1. The following calls are included with the limitless/unlimited voice offer, with the exception that if the dialed B party number is within the exclusion list below, it will not form part of the limitless/unlimited voice allocation:
  1. Bridge Conference Calls
  1. Directory Enquiries / Through Connect portion
  1. The following categories shall be excluded from all Voice/SMS bundles and shall be charged for at the current prevailing price plan rate, unless otherwise indicated:
  1. International calls
  1. Premium rated calls
  • Roaming services
  1. Premium rated IVR
  1. Premium rated Dicon
  1. Special Short Codes
  • Video IVR
  • International VAS and Premium services
  1. Travel Talk
  1. Conference Calls
  1. Call Sponsor (sponsored calls are charged at the sponsored party’s prevailing price plan rate)
  1. Vodacom contract price plans with the limitless/ unlimited voice benefit will be subject to the following acceptable usage policy:

Price Plan

Fair Usage Policy (Min)

Red Premium +

15 000

Red VIP +

15 000

Red Professional +

15 000

Red Executive

15 000

Red Executive +

15 000

MyRed 1GB Unlimited

15 000

MyRed 2GB Unlimited

15 000

MyRed 3GB Unlimited

15 000

MyRed 5GB Unlimited

15 000

MyRed VIP 10GB Unlimited

15 000

RED VIP 15GB Unlimited

15 000

MyRed VIP 25GB Unlimited

15 000

RED VIP 30GB Unlimited

15 000

MyRed VIP 100GB Unlimited

15 000

  1. Vodacom contract price plans with the limitless/Unlimited voice benefit will be subject to the following acceptable monthly usage policy. When the threshold of 9000/6500 respectively is reached, outbound voice calls will be barred until such time that a voice bundle is purchased. Calls to free emergency services and/or charged international or premium rated service numbers will continue to be billed at the respective out of bundle voice 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.
  1. Intelligent call routing devices and bulk calling applications are not permitted on these price plans. If the SIM card is used in a fixed location or other device to regularly make calls abusing the limitless Voice offer, the service will be suspended
  • Vodacom reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom
  1. The limitless/unlimited voice offer on selected Vodacom contract 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.
  1. Limitless/unlimited voice minutes may not be used as part of any bulk calling service for commercial or business purposes.
  1. Vodacom contract price plans with a limitless/unlimited voice minutes are not available to WASPs and/or content providers.
  1. Customers on RED price plans will get the same night owl data allocation as per the RED price plan data

Price Plan

Data Allocation

Night Owl Allocation

RED 1GB

1GB

1GB

RED 2GB

2GB

2GB

RED 3GB

3GB

3GB

Red 5GB

5GB

5GB

RED 10GB

10GB

10GB

RED VIP 15GB

15GB

15GB

RED VIP 30GB

30GB

30GB

RED VIP 100GB

100GB

100GB

  1. Customers on RED/Red+ and MyRed (excluding Red Select Top Up+) price plans will qualify for 2 free Data Sharing SIM This includes the monthly subscription fee/s and the once-off activation fee/s.
  1. The Data Sharing SIM cards will be activated when requested by the account
  1. Standard monthly subscription fee/s and once- off activation fees for a Data Sharing SIM will be charged for the 3rd and 4th SIM/s requested and activated.
  1. Customers migrating to a price plan that does not include the free Data Sharing SIM/s will be migrated as normal, however the Data Sharing SIM cards will then be charged for monthly going forward at the applicable subscription fee for the Data Sharing SIM/s. Data Sharing SIM cards can be activated or cancelled at any time without penalty. See Data Sharing SIM card/s terms and conditions for more information
  1. The limitless/unlimited SMS option available on Vodacom contract price plans will include on net and off net national
  1. The following SMSs categories shall be excluded from the limitless SMS bundle benefit:
  1. International
  1. Premium rated
  • Content services
  1. VAS services
  1. The limitless/unlimited SMS allocation will be available for the duration of the contract and/or while on any of the specific contract price plans which offer limitless/unlimited SMS as part of the standard price plan
  1. Vodacom contract price plans with a limitless/unlimited SMS allocation will be subject to the following acceptable usage policy:

Price Plan

Fair Usage Policy (SMS)

Red Premium +

9000

Red VIP +

9000

Red Professional +

9000

Red Executive

9000

Red Executive +

9000

MyRed 1GB Unlimited

9000

MyRed 2GB Unlimited

9000

MyRed 3GB Unlimited

9000

MyRed 5GB Unlimited

9000

MyRed VIP 10GB Unlimited

9000

RED VIP 15GB Unlimited

9000

MyRed VIP 25GB Unlimited

9000

RED VIP 30GB Unlimited

9000

MyRed VIP 100GB Unlimited

9000

  1. Vodacom contract price plans will have a Fair Usage Policy implemented on the limitless/unlimited SMS feature of 9000 SMS messages per Customers will receive notifications when they have 1000 SMSs remaining, and when all 9000 SMS messages have been used, SMS message sending 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 network against abuse to ensure continuous service quality or sustainability of the service.
  1. SMSs may not be used as part of any bulk SMS sending service for commercial or business purposes.
  • RED/Red+ and MyRed price plans and SMS bundles are not available to WASP and content providers and cannot be used for bulk message
  1. If the SIM card is used in a fixed geographic location to regularly send bulk SMSs to multiple numbers, the service will be suspended
  1. Vodacom reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom
  1. The limitless/unlimited SMS offer on RED/Red+ and MyRed price plans 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.
  1. Smart+, RED/Red+ and MyRed price plans, signed on a 24 or 36 month contractual basis, will have a term of 24 or 36 months starting from the day of
  1. Upgrade or renewal is permissible in month 22 (24 month contract) or month 34 (36 month contract).
  1. At the end of the contractual period, if the customer does not renew or cancel the contract, the contract will continue on a month-to-month basis until either of the afore mentioned actions takes
  2. A discount that has been applied on the subscription amount will be forfeited after contractual period and the customer will pay the full subscription This price will be applicable until the contract is terminated or the customer upgrades or migrates to another contract or price plan.
  1. A Customer can terminate their contract during the initial period or a renewal period by providing at least 20 (twenty) business days’ notice to Vodacom. Early contract cancellation will incur monetary penalties calculated using the remaining term of the contract and/or device finance costs. A reasonable premature cancellation charge for the purposes of this clause shall mean 75% of the balance of your contract. The balance of your contract is your monthly subscription amount times by the remaining months of your Any amounts outstanding to Vodacom will also be added to the cancellation cost.
  1. Associated bundle allocations (Voice, SMS and Data), as well as the monthly subscription fee, pro-rated for that month respective of the day of
  1. Vodacom reserves the right to amend these terms and conditions and where such change is material, Vodacom shall provide prior written notice of such change or
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Smart Business Bundles Terms

Smart Business Bundles

Terms and Conditions

By purchasing a Vodacom Smart Business Bundle, you have purchased a handset, tablet, fixed Broadband connection and a Mobile GSM connection, enabling you to connect from wherever you are, at any time. Provision of services is subject to Vodacom’s general contract Terms & Conditions as published on  http://www.vodacombusiness.co.za/business/terms/terms-general-terms-and-conditions

Smart Business Bundles available on offer are as below:

Deal

Contract Term

Description

Huawei Smart Business Bundle (P30 Lite 2020)

36 months

Business Internet Wireless Uncapped 4mbps

Smart S+

Huawei P30 Lite 2020

Huawei T5 10" Tab

100MB x 24months

Microsoft Office 365 Business Essentials

Huawei Smart Business Bundle (P30 Lite 2020)

36 months

Business Internet LTE 50GB unrestricted

Smart S+

Huawei P30 Lite 2020

Huawei T5 10" Tab

100MB x 24months

Microsoft Office 365 Business Essentials

Huawei Smart Business Bundle (P30 Lite 2020)

36 months

Business Internet LTE 200GB 10mbps

Smart S+

Huawei P30 Lite 2020

Huawei T5 10" Tab

100MB x 24months

Microsoft Office 365 Business Essentials

Huawei Smart Business Bundle (P40)

24 months

Business Internet LTE 50GB 10mbps

Smart M+

Huawei P40

Huawei MateBook D 14"

Huawei Smart Business Bundle (P40)

24 months

Business Internet LTE 100GB 20mbps

Smart M+

Huawei P40

Huawei MateBook D 14"

Huawei Smart Business Bundle (P40)

24 months

Smart M+

Huawei P40

Huawei MateBook D 14"

Samsung Galaxy S20 Ultra Smart Business Bundle

24 months

Business Internet LTE 50GB 10mbps

Red Value+

Samsung Galaxy Note 20 Ultra 5G

Samsung Galaxy Tab A 2019 10.1

100MB x 24months

Samsung Galaxy S20 Ultra Smart Business Bundle

24 months

Business Internet LTE 100GB 20mbps

Red Value+

Samsung Galaxy Note 20 Ultra 5G

Samsung Galaxy Tab A 2019 10.1

100MB x 24months

Samsung Galaxy S20 Ultra Smart Business Bundle

24 months

Business Internet Wireless Uncapped 4mbps

Red Value+

Samsung Galaxy Note 20 Ultra 5G

Samsung Galaxy Tab A 2019 10.1

100MB x 24months

Lenovo Ideapad Core i5 Smart Business Bundle

24 months

Business Internet Wireless Uncapped 4mbps

20GB Data Price Plan

Huawei R219 MiFi Router

Lenovo Ideapad Core i5

Lenovo Ideapad Core i5 Smart Business Bundle

24 months

Business Internet LTE 100GB 20mbps

20GB Data Price Plan

Huawei R219 MiFi Router

Lenovo Ideapad Core i5

Lenovo Ideapad Core i5 Smart Business Bundle

24 months

20GB Data Price Plan

Huawei R219 MiFi Router

Lenovo Ideapad Core i5

  1. Terms and Conditions that apply to Vodacom Smart Business Bundles, are set out as below:
  2. Existing terms and conditions pertaining to Business Internet LTE, as detailed on https://siebel.vodacom.co.za/eCommunications_enu/serviceschedules/VBC_Wireless_Lite_2017-02_V4.pdf
  3. Existing terms and conditions pertaining to Business Internet Wireless, as detailed onhttps://help.vodacom.co.za/business/subtopics/3086/Business-solutions/3106/Broadband-Connect-Wireless-Premium
  4. Existing terms and conditions pertaining to Business Internet Fibre, as detailed on https://help.vodacom.co.za/business/subtopics/3086/Business-solutions/3111/Business-Internet-Fibre
  5. Existing terms and conditions pertaining to Red+ plans, as detailed on https://www.vodacombusiness.co.za/business/terms/red-for-business-plus
  6. Existing terms and conditions pertaining to Smart+ plans, as detailed on https://www.vodacom.co.za/vodacom/terms/smart-and-red-plus-terms?cid=ntrn_0_dsgn_6848
  7. Existing terms and conditions relating to mobile devices and hardware, as detailed on https://siebel.vodacom.co.za/eCommunications_enu/serviceschedules/GSM_2011-12-V1.pdf
  8. Existing terms and conditions relating to Vodacom Business Tickets, as detailed on https://www.vodacombusiness.co.za/business/vodacom-business-ticket#:~:text=8.,the%20then%20current%20calendar%20month.
  9. Existing terms and conditions relating to Vodacom Business Cloud Market Place Products, as detailed on https://cloudapps.vodacom.co.za/terms/3299?orderCartId=867402
  10. Existing terms and conditions relating to Norton Security Products
  11. The terms and conditions pertaining to Smart Business Bundles as detailed in this document
  12. Prices are exclusive of VAT and usage unless otherwise stated.
  13. Provision of services is subject to stock availability.
  14. Provision of services is subject to standard credit vetting processes and approval by Vodacom Commercial Finance.
  15. Pricing for certain services may be subject to change due to currency and exchange rate fluctuations.
  16. Pricing of certain services such as Satellite, Fibre and/or Microwave access may be subject to a feasibility study and/or site survey, which could result in additional installation costs.
  17. Where applicable, Vodacom retains the right to determine and provision the access medium it deems most suitable for the customer.
  18. In the event that the feasibility and/or site survey results are deemed not viable to proceed, either party is entitled to cancel the order.
  19. Provision of services is subject to Vodacom’s general contract Terms & Conditions as published on http://www.vodacombusiness.co.za/business/terms/terms-general-terms-and-conditions
  20. In the event of a discrepancy between Terms and Conditions detailed for Smart Business Bundles and the standalone products contained within the bundle, the terms and conditions for Smart Business Bundles will apply.
  21. Upgrades of individual components of a Smart Business Bundle, as well as a Smart Business Bundle as a whole, will be allowed so long as it is in line with existing upgrade eligibility criteria.  In terms of a Mobile contract, an upgrade will mean the movement from one tariff plan to a higher tariff plan, with a new mobile device. In terms of Business Internet, an upgrade will mean a movement to a package with a higher data allocation.
  22. The price of the Smart Business Bundle is subject to change, should the customer upgrade components of their bundle. Prices will be at the prevailing market rate.
  23. Moving from one connectivity type to another, as part of individual components of a Smart Business Bundle, or as a Smart Business Bundle as a whole, will not be allowed.
  24. No downgrades of any service will be allowed.
  25. Cancellations of individual components of a Smart Business Bundle will not be allowed.
  26. Cancellations of a Smart Business Bundle in its entirety only, will be allowed. This will be subject to any cancellation fees applicable to all components contained in the bundle.
  27. Prices for bundled offers may change subject to Vodacom price change policy guidelines
  28. Components of a bundle may change subject to stock availability.
Page Description
By purchasing a Vodacom Smart Business Bundle, you have purchased a handset, tablet, fixed Broadband connection and a Mobile GSM connection, enabling you to connect from wherever you are, at any time.
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Smart Business Bundles - Vodacom Business
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General Terms and Conditions

General Terms and Conditions

THIS GENERAL TERMS AND CONDITIONS FOR FIXED LINE 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) The Customer has appointed Vodacom to render to it certain converged services;

(B) Vodacom having the necessary competence and capacity to provide the services, wishes to accept such appointment.

NOW THEREFORE the parties agree as follows:

  1. INTERPRETATION 

1.1                   In this Agreement unless the context indicates a contrary intention -

1.1.1                            an expression which denotes any gender includes the other genders and a natural person includes an artificial person and vice versa; 

1.1.2                            the singular includes the plural and vice versa;

 

1.1.3                            when any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case it shall be inclusive of the first day following the said Saturday, Sunday or public holiday;

 

1.1.4                           if any provision in the definition clause is a substantive provision conferring rights or imposing obligations on a party, then notwithstanding that such provision is contained in this clause, effect shall be given thereto as if such provision were a substantive provision in the body of the agreement;

1.1.5                           any reference in this agreement to legislation or subordinate legislation is to such legislation or subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time to time;

 

1.1.6                           the head notes to the clauses to this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate; and

1.1.7                           no provision herein shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have structured, drafted or introduced such provision. 

  1. DEFINITIONS

2.1                  Unless otherwise determined by the context, the following words will bear the meanings assigned to them hereunder –

2.1.1                           â€œthis Agreement” means these General Terms and Conditions together with all Service Schedules, the Acceptable Use Policy and any other annexures, schedules and/or amendments from time to time;

 

2.1.2                          â€œAccess Codes” means usernames, passwords, email addresses and other unique identifiers allowing the Customer access to the Services;

 

2.1.3                          â€œAcceptable Use Policy” means Vodacom’s Acceptable Use Policy posted on www.Vodacombusiness.co.za, as amended from time to time by Vodacom in its sole discretion;

2.1.4                          â€œApplicable Law” 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) Vodafone 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.

 

2.1.5                           â€œApplicable Privacy Law” means Applicable Law applicable to the Processing of Personal Data under the Customer Agreement, including but not limited to PoPiA;

2.1.6                           â€œAuthority” means those governments, agencies, professional, and regulatory authorities that supervise, regulate, investigate, or enforce Applicable Law.

 

2.1.7                          â€œBusiness Days” means Monday to Friday, both days inclusive, but excluding officially promulgated South African public holidays that fall on or between a Monday and Friday;

 

2.1.8                           â€œBusiness Hours” means those hours between 08:00 to 17:00 Monday to Friday on any Business Day;

 

2.1.9                           â€œCommencement Date” means ……………………….. notwithstanding the date of signature of this Agreement;

 

2.1.10                         "ECNS provider" means electronic communications network services providers licensed to provide those services in terms of the Electronic Communications Act 36 of 2005, other than Vodacom;

 

2.1.11                         â€œEquipment” means equipment supplied by Vodacom to the Customer, on the basis of a loan or rental, to enable the Customer to utilise the Services;

 

2.1.12                         â€œGroup” means any corporation, company, or other entity which is (i) controlled by a Party; (ii) controls a Party; or (iii) is under common control with a Party and “control” means that more than 50% (fifty percent) of the controlled entity’s shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity;

 

2.1.13                         â€œthe Network” means the physical wireless and wired network operated and made available by Vodacom as well as a virtual network (using Multi Packet Label Switching or related technologies) operated and made available by Vodacom over its own network as well as the networks of ECNS providers;

 

2.1.14                         â€œOperator or Processor” means the person that Processes data on behalf of the Responsible Party;

 

2.1.15                         â€œPoPiA” means the Protection of Personal Information Act No 4 of 2013;

 

2.1.16                          â€œPrivacy Authority” means the Authority that enforces the Applicable Privacy Law in the relevant jurisdiction;

 

2.1.17                         â€œProcess/Processed/Processing” means obtaining, recording, or holding information or data or carrying out any operation or set of operations on it;

2.1.18                         â€œResponsible Party or Controller” means the person that determines the purposes and means of Processing the data;

 

2.1.19                        â€œthe Services” means the converged solutions services provided by Vodacom to the Customer pursuant to the conclusion of a Service Schedule;

2.1.20                        â€œService Schedule” means, in respect of each Service which Vodacom provides to the Customer, the Service Schedule concluded between the parties setting out, inter alia, a description of the Service, the fees payable, the service levels applicable; 

 

2.1.21                        â€œSub-Operator” means a sub-contractor that carries out Processing activities in the provision of the Services or fulfils certain obligations of Vodacom under a Customer Agreement;

 

2.1.22                        â€œthe System” means, collectively, the Network, any network provided by an ECNS provider (if applicable), the Equipment and the Customer’s equipment;

 

2.1.23                                      â€œTraffic Data” means any data Processed for the purpose of the conveyance of a communication on an electronic communications network and for billing.

  1. COMMENCEMENT AND DURATION

3.1                            This Agreement will commence on the Commencement Date and shall continue for an indefinite period unless terminated by either party on not less than 90 (ninety) days written notice of its intention to so terminate. For the avoidance of doubt, it is recorded that upon termination of all Service Schedules, this Agreement shall ipso facto terminate.

3.2                            Notwithstanding any termination of this Agreement in terms of clause 3.1 above, such termination shall not affect the validity of any Service Schedule in force at the time of termination which shall continue to be of full force and effect and subject to the terms and conditions herein contained until such time as all obligations of each party vis-à-vis the other have been discharged in full. 

3.3                            Each Service Schedule shall commence on the date provided for therein and shall continue for the period provided for therein subject to termination as provided for therein.

3.4                            Notwithstanding the provisions of clause 3.1 above, the Customer may, on not less than 1 (one) calendar month’s written notice to Vodacom, cancel any Service Schedule during the initial period provided for therein, subject to payment by the Customer of the then-applicable early termination penalty. For clarity and the avoidance of doubt, individual services comprising of a Service Schedule may not be terminated without written agreement between the parties and terms applicable to such termination.

3.5                            Any notice of termination by the Customer pursuant to the provisions of this clause shall not be valid where the Customer is in arrears with its payment obligations to Vodacom.

  1. SERVICE SCHEDULES

4.1                            Each Service Schedule shall be deemed to be a separate agreement on the terms and conditions set out herein and the termination of any specific Service Schedule 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.

4.2                            In the event of any conflict or inconsistency between a Service Schedule and the main body of the Agreement, then the provisions of the Service Schedule shall prevail.

4.3                            Each Service Schedule shall be catalogued numerically for identification purposes and shall provide:

 

4.3.1                                         a description of the Service to be rendered;

 

4.3.2                                         the effective date, initial period and termination period particular to the Service;

 

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

4.3.4                                         the Key Performance Indicators (“KPI’s”), means of measurement thereof and required service levels;

 

4.3.5                                         escalation procedure in the event of a fault;

4.3.6                                         particular undertakings and terms and conditions not contained in this Agreement which pertain to the Service; and 

 

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

  1. CHARGES AND FEES AND PAYMENT TERMS

5.1                            The charges and fees payable by the Customer in respect of a Service shall be specified in the relevant Service Schedule as shall the applicable payment terms and any discounts.

5.2                            Where any Service is activated by Vodacom on any day of a month other than the first day, the Customer shall be charged a pro-rata portion of the monthly fees in respect of that month.

5.3                            Save as expressly stated to the contrary, all prices specified in any Service Schedule shall be exclusive of:

5.3.1                                         value-added tax and any other taxes, duties and other imposts of whatsoever nature which shall likewise, be payable by the Customer. If Vodacom is required to be registered for value added tax and any other taxes (including without limitation instances where reverse tax is applicable), duties or imports, in the territory where the Customer is a tax resident, then the Customer shall attend to such registration and make the required payments on behalf of Vodacom. The Customer shall be liable for and hereby fully indemnifies Vodacom against any penalties and/or interest levied against Vodacom in respect of delayed payments or non-compliance by the Customer with the provisions of this clause; and

 

5.3.2                                         service fees relating to any ECNS provider which are procured by the Customer directly and not by Vodacom either on its own or on the Customer’s behalf and which are not specified in a Service Schedule, for which the Customer agrees to make payment directly to the ECNS provider on such terms as are agreed between the ECNS provider and the Customer

5.4                            If Vodacom is required to pay any withholding taxes imposed by the government or taxing authority of any country, state, province, municipality or any other government jurisdiction arising as a result of this Agreement, in the territory where the Customer is a tax resident, then the Customer shall attend to make the required payments on behalf of Vodacom. The Customer shall be liable for and hereby fully indemnifies Vodacom against any penalties and/or interest levied against Vodacom in respect of delayed payments or non-compliance by the Customer with the provisions of this clause.

5.4.1                                         Upon payment of withholding tax costs by the Customer in terms of this clause 5.4, the Customer shall, provide Vodacom with a valid tax receipt certificate issued by the relevant tax authority as evidence that the Customer has accounted to the relevant tax authority for withholding tax costs.

5.4.2                                         In the event that a double taxation treaty applies which provides for a reduced withholding tax rate, the Customer shall pay the reduced tax rate subject to the issuance of a valid exemption certificate by the competent tax authority. 

5.5                            The computerised accounts of Vodacom or any certificate signed by any credit manager of Vodacom shall be prima facie proof of all payments made by the Customer and the validity of all charges and fees payable by the Customer pursuant to this Agreement and of the amounts outstanding at any time by the Customer.

5.6                            Vodacom may, in its sole discretion, levy interest equal to  2% (two per centum) above the prime rate of one of the 4 (four) large banks in South Africa, selected by Vodacom on any unpaid or overdue amount.  In addition, should any payment instrument tendered by the Customer or amount drawn by Vodacom in terms of a debit order authority not be met by the Customer’s bankers, Vodacom reserves the right, in its sole discretion, to levy a fee in regard thereto.

  1. ADJUSTMENT OF CHARGES

6.1                            Notwithstanding anything to the contrary herein contained, Vodacom shall have the right, on each anniversary of the effective date of a Service Schedule, by written notice to the Customer, to vary the charges and fees payable by the Customer thereunder, on 1 (one) months’ notice to the Customer, provided that:

6.1.1                                         in the case of Service which are not regulated by a regulatory authority, any increase levied by Vodacom in terms of this clause 6 shall not exceed the latest published Consumer Price Index excluding interest rates on mortgage bonds (“CPI”) as published from time to time by Statistics South Africa, or any other relevant Government Agency on the anniversary date. For the avoidance of doubt, the latest officially published CPI figures immediately preceding the anniversary date will be used in the determination of such increase; and

 

6.1.2                                         in the case of Services which are regulated by a regulatory authority, any increase levied by Vodacom in terms of this clause 6 shall not exceed those charges and fees lodged with and approved by the regulatory authority.

6.2                            Without in any way derogating from the provisions of this clause 6, Vodacom undertakes to the Customer that it shall review its charges to the Customer in the event of a downward adjustment of its tariffs in respect of the Services, to ensure that its charges to customers in respect of like Services are, in aggregate, comparative.

  1. THE CUSTOMER’S OBLIGATIONS

7.1                            The Customer shall, at all times, comply strictly with all restrictions imposed on computer networks by legislation through which any information and/or data transmitted by the Customer passes. In particular, the Customer shall at all times comply with the Acceptable Use Policy.

7.2                            The Customer shall not commit nor attempt to commit any act or omission which directly or indirectly:

7.2.1                                         in any manner damages Vodacom’s technical infrastructure or the Network or any part thereof;

 

7.2.2                                         impedes, impairs or precludes Vodacom from being able to provide the Services in a reasonable and business-like manner; and/or

7.2.3                                         constitutes an abuse or misuse, whether malicious or otherwise,  of the Services.

7.3                            The Customer shall not:

 

7.3.1                                         allow any person other than its personnel and authorised parties, access to the Services; and/or

 

7.3.2                                         use or allow others to use the Services for any improper, immoral or unlawful purpose.

7.4                            The Customer acknowledges that all or any Access Codes allocated to or created by the Customer are personal to the Customer. The Customer undertakes to maintain the security and confidentiality of Access Codes and hereby indemnifies Vodacom against any loss or damage suffered by Vodacom arising out of the disclosure by the Customer of any Access Code.

7.5                            Notwithstanding the provisions of clause 7.4 above, the Customer acknowledges that all Access Codes allocated to the Customer by Vodacom are and shall at all times remain the property of Vodacom and are provided to the Customer for its use for the duration of the Service Schedule in terms of which they are allocated or created. The Customer shall not be entitled to sell, lease, transfer, assign, encumber or otherwise alienate its rights in and to such Access Codes.

7.6                            The Customer acknowledges that any third party services and products accessible or used in conjunction with any Services are provided subject to the terms and conditions specified by the third party providers thereof.

  1. THE EQUIPMENT

8.1                            The Customer acknowledges and agrees that all rights of ownership in and to the Equipment shall, at all times, remain vested in Vodacom and accordingly, the Customer shall not hold itself out as the owner of the Equipment, nor sell, transfer, dispose of, mortgage, charge or pledge the Equipment or permit the possession of the Equipment to be taken away from the Customer.

8.2                            Notwithstanding the provisions of clause 8.1 above, all risk in and to the Equipment shall pass to the Customer on delivery thereof to the Customer and the Customer shall be liable for any and all loss, theft or destruction of or damage thereto, howsoever arising.

8.3                            The Customer shall:

8.3.1                                         display in relation to the Equipment no lesser degree of care than it would had same belonged to it and shall take all reasonably necessary precautions to avoid loss, theft or destruction of or damage to the Equipment;

 

8.3.2                                         not procure repair or maintenance of the Equipment by any third party without the prior written consent of Vodacom or in any other manner tamper with the Equipment;

 

8.3.3                                         not make any alteration or modification to the Equipment nor use the Equipment or permit the Equipment to be used for any purpose for which it is not designed or in contravention of any applicable law or regulation;

 

8.3.4                                         not affix the Equipment to any land or building in such a manner as to become a fixture;

 

8.3.5                                         allow Vodacom to affix or to cause to be affixed to the Equipment plates or the markings indicating the ownership of the Equipment; and

 

8.3.6                                         subject to the Customer’s reasonable security restrictions, allow Vodacom and persons authorised by it, at all reasonable times during Business Hours, access and entry to any premises where the Equipment is situated for purposes of inspecting the Equipment. 

 

8.4                            Vodacom shall be entitled to recover from the Customer any costs relating to repairs, replacements, adjustments or error corrections arising out of a failure by the Customer to abide by the provisions of this clause 8 and the Customer shall make payment to Vodacom in respect of such costs upon demand.

  1. WARRANTIES

9.1                            Vodacom warrants unto and in favour of the Customer that:

9.1.1                                         it has the necessary competency to fulfil its obligations as set out in this Agreement read together with the relevant Service Schedule;

 

9.1.2                                         the Services shall be of the industry standards in terms of quality and service and shall be rendered in a proper, professional and workman-like manner by appropriately qualified personnel;

 

9.1.3                                         to the best of its knowledge, no claim, lien or action exists or is threatened against Vodacom which will interfere with the Customer’s rights under this Agreement; and

 

9.1.4                                         all regulatory licenses, permits, approvals, authorisations and consents required to perform the Services have been obtained and are valid as at the Commencement Date.

 

9.2                            Save as expressly otherwise stated in this Agreement or any Service Schedule, Vodacom does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the  Services (whether express, implied or tacit, by statute, common law or otherwise).

9.3                            Where any equipment is purchased by the Customer from Vodacom, Vodacom undertakes to cede to the Customer all warranties and/or guarantees on the equipment provided by the manufacturer and shall provide the Customer with all documentation detailing the terms and conditions thereof as well as any exclusions therefrom.

  1. MONITORING OF CONTENT AND COMMUNICATIONS

10.1                         The Customer acknowledges and agrees that in the event that Vodacom, in consultation with the Customer and in its reasonable discretion or if obliged by any applicable law, determines that any content hosted by Vodacom, published by Vodacom on the Customer’s behalf or transmitted by the Customer by means of the Service (“Content”) is in violation of any law or the Acceptable Use Policy, Vodacom shall be entitled to:

 

10.1.1                                      request the Customer to forthwith emove such Content; 

 

10.1.2                                      require the Customer to forthwith amend or modify such Content;

 

10.1.3                                      terminate the Customer’s access, to any Service and/or suspend or terminate any Service with notice that is practicable in the circumstances; and/or

 

10.1.4                                      delete, the offending Content with notice that is practicable in the circumstances;

 

10.2                         The Customer acknowledges that any exercise by Vodacom of its rights in terms of clause 10.1 above shall not be construed as an assumption of liability by Vodacom for the Content and/or the publication thereof whether or not Vodacom has knowledge of such Content, having cognisance of the fact that Vodacom has no general obligation in law to monitor Content. The Customer hereby indemnifies Vodacom and holds it harmless against any liability, claims, fines or other penalties of whatsoever nature imposed on Vodacom by any person arising either directly or indirectly out of the Content or the publication or hosting or transmission thereof.

 

10.3                         The Customer further acknowledges that Vodacom has certain obligations in terms of the Regulation of Interception of Communications and Provision of Communications-related Information Act concerning the lawful interception of communications and provision of information.  The Customer hereby indemnifies Vodacom and holds it harmless against any liability, claims, fines or other penalties as a result of Vodacom complying with such obligations.

 

10.4                        Sanctions and Trade/Export Control

 

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

 

10.4.1.1                                                  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;

 

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

 

10.4.1.3                                                  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;

 

10.4.1.4                                                  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:

 

10.4.1.4.1                                                           Sanctions status e.g. the inclusion on a Sanctions list in any applicable jurisdiction (as stated in 10.4.1.1 above;

 

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

 

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

 

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

  1. CHANGE CONTROL PROCEDURE

 

11.1                         Should either party wish to propose any change or amendment to any Service Schedule, such party shall address a written proposal to the other party detailing the desired changes or amendments.

 

11.2                         Should the written proposal envisaged in clause 11.1 above be made by:

 

11.2.1                                      Vodacom, Vodacom shall detail, in such proposal, the technical impact of the proposed changes or amendments, delivery dates, cost variations, if any, and the effect on the terms and conditions of the Agreement and the applicable Service Schedule and the Customer shall revert with a written response to Vodacom’s proposal within a 30 (thirty) day period;

 

11.2.2                                      the Customer, Vodacom shall, within a 30 (thirty) day period, revert to the Customer with a written response detailing the technical impact of the proposed changes or amendments, delivery dates, cost variation, if any, and the effect on the terms and conditions of the Agreement and the applicable Service Schedule.

 

11.3                         No alteration or variation of this Agreement or any Service Schedule shall be of any effect unless and until agreed upon between the parties in writing. Pending agreement between the parties in respect of any variation or alteration of this Agreement or any Service Schedule, Vodacom shall provide the Services in accordance with such agreed terms and conditions that have been reduced to writing and signed by or on behalf of the parties.

 

  1. NEW TECHNOLOGIES AND ADDITIONAL SERVICES

 

12.1                         Vodacom shall provide the Services using such up-to-date technology which is made generally available to its other customers.  Vodacom shall promptly notify the Customer of potential enhancements and improvements that it believes the Customer may wish to consider implementing.  If the Customer learns of a potential service enhancement or improvement to an existing Service (“New Technologies/Additional Service”), provided that such enhancement or improvement is offered by Vodacom to its customers, the Customer may request information from Vodacom in order to evaluate its interest in implementing such enhancement or improvement.

 

12.2                         Upon the Customer’s request, Vodacom shall provide the indicative price, performance specifications, installation interval, or effects then known to Vodacom of any New Technologies/Additional Service. The provision of the new technology or additional services shall be subject to Vodacom standard charges and the then applicable standard terms and conditions.

 

  1. DISCONTINUATION OR SUBSTITUTION OF TECHNOLOGY

 

13.1                         Vodacom reserves the right in its sole discretion, without cost or penalty to itself, to substitute or discontinue (in whole or in part) the technology in terms of which the Services are delivered to the Customer, provided that Vodacom shall be obliged to furnish the Customer with 6 (six) months prior written notice of such substitution or discontinuation .

 

13.2                         In the event that Vodacom elects to substitute the technology or to discontinue in part the technology in terms of which the Services are delivered to the Customer and the new technology and the partially discontinued technology has no lesser functionality or features than the substituted or partially discontinued technology, the Customer shall not be entitled to resile from this Agreement. In all other instances, the Agreement in respect of the affected Services shall ipso facto terminate upon the expiry of the 6 (six) month written notice furnished by Vodacom to the Customer pursuant to clause 13.1 above and Vodacom shall render all reasonable assistance to the Customer in respect of the migration to an alternate provider of the affected Services.

 

13.3                         Network Sunset: Customer hereby acknowledges and accepts that (a) certain Network technologies used to provide the Service on Vodacom Device Hardware or Customer Device Hardware 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.

 

  1. SUSPENSION OF THE SERVICES

 

14.1                         Vodacom shall be entitled, without prejudice to any right it may have in terms of this Agreement or at law, at any time and on such notice as may be reasonable in the circumstances to suspend provision of the Services or any part thereof in any of the following circumstances:

 

14.1.1                                      for so long as the Customer remains in breach of its obligations under this Agreement;

 

14.1.2                                      in the event that the quality of the Services, the System or the operation of the Network is adversely affected due to any act or omission on the part of the Customer; and/or

 

14.1.3                                      in the event that the Customer infringes the intellectual property rights of any third party in relation to the provision of the Services.

 

14.2                         All liability on the part of Vodacom for any loss or damage (whether direct or consequential) incurred or for any costs, claims, or demands of any nature arising out of the suspension of the Services as contemplated in clause 14.1 above, is excluded.

 

14.3                         Notwithstanding anything to the contrary contained herein, the Customer shall be obliged to continue to pay all charges and fees due under each Service Schedule during the period during which the Services is/are suspended and acknowledges and agrees that under no circumstances shall it be entitled to resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Vodacom, its servants, its agents or any other persons for whose acts and omissions Vodacom is vicariously liable in law (and in whose favour this provision constitutes a stipulatio alteri).

 

  1. INTELLECTUAL PROPERTY

 

15.1                         The Customer acknowledges that any and all of the trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection with the Services belong exclusively to and shall be and remain the sole property of Vodacom and save as set out herein, nothing contained in this Agreement shall be construed so as to confer on the Customer any copyright or other intellectual property rights in respect of any particular Services provided by Vodacom to the Customer.

 

15.2                         The Customer acknowledges that all rights in any copy, translation, update, upgrade, adaptation or derivation of the Services including without limitation any improvement or development thereof belong exclusively to and shall be and remain the sole property of Vodacom.

 

15.3                         The Customer shall not, in any manner, remove, alter or in any manner whatsoever, tamper with any copyright and/or other proprietary notice or legend of Vodacom, its vendors or suppliers.

 

15.4                         Nothing contained in this Agreement shall be construed so as to confer on the Customer any copyright or other intellectual property rights in respect of any particular Services provided by Vodacom to the Customer.

 

  1. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

 

16.1                         Vodacom hereby indemnifies the Customer against any damages (including costs) suffered or sustained by the Customer or any third party in respect of a claim that possession or use of the Service or any part thereof (“the infringing Service”) supplied by Vodacom  to the Customer infringes any patent, copyright or other intellectual property rights of any third party, provided that:

 

16.1.1                                      the infringement or alleged infringement has not arisen by virtue of the Customer's failure to use the infringing Service in accordance with instructions given by Vodacom or from any modifications or adaptation to or alteration of the infringing Service by a third party without the prior written consent of Vodacom;

 

16.1.2                                      the Customer shall have notified Vodacom as soon as practicably possible of any actual, alleged or suspected infringement and shall have made no admission of liability in respect of any such claim;

 

16.1.3                                      Vodacom shall have sole control of all aspects of the defence of such a claim and sole rights to any damages or any counterclaim; and

 

16.1.4                                      the Customer shall provide Vodacom with all such documentation, information and assistance as Vodacom may reasonably require to assist it in relation to such claim provided that Vodacom shall reimburse the Customer its reasonable costs in providing same.

 

16.2                         If any such claim for which Vodacom is liable to indemnify the Customer under clause 16.1 above is upheld by law or in the reasonable opinion of the Customer is likely to be upheld by law, then Vodacom shall be obliged to either:

 

16.2.1                                      modify or replace the infringing Service or Product any part thereof to the extent that same is rendered non-infringing provided that such modification or replacement does not materially alter the performance or functionality of the infringing Service; or

 

16.2.2                                      to procure the right for the Customer to continue using the infringing Service.

 

  1. LIMITATION OF LIABILTY

 

17.1                         The maximum liability of Vodacom under this Agreement in respect of any claim for direct damages by the Customer in respect of any wilful misconduct and/or negligent act or omission of Vodacom or any person for whose acts and omissions Vodacom is vicariously liable in law, for any event or series of connected events, whether as a result of breach of contract, delict or any reason whatsoever, shall be limited to the total fees, excluding Value Added Tax, paid by the Customer to Vodacom in the 12 (twelve) month period immediately preceding the month in which the incident arose which gave rise to the claim.

 

17.2                         Under no circumstances whatsoever shall any party shall be liable for any indirect, incidental or consequential damages, (including, but not limited to, damages for loss of business, profits, revenue, data, use, or other economic advantage) incurred by the other party, arising out of or relating to this Agreement and/or any Service Schedule.

 

  1. CONFIDENTIAL INFORMATION

 

18.1                         For the duration of this Agreement and a period of 1 (one) year thereafter, each party hereby undertakes to the other to:

 

18.1.1                                      keep confidential all information  (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of the discussions leading up to or entering into or to performance of this Agreement (“the information");

 

18.1.2                                      not without the other party’s written consent to disclose the information in whole or in part to any other person save those of its employees, agents and sub-contractors involved in the implementation, of this Agreement and who have a need to know the same; 

 

18.1.3                                      to use the information solely in connection with the implementation of this Agreement and not for its own or the benefit of any third party; and

18.1.4                                      protect the confidential information of the providing party using the same standard of care used to safeguard its own confidential information and agrees further to store and handle the confidential information in such a way as to prevent any unauthorised disclosure thereof.

18.2                         The provisions of clause 18.1 above shall not apply to the whole or any part of the information to the extent that it is:

18.2.1                                      trivial or obvious;

 

18.2.2                                      already in the other's possession other than as a result of a breach of this clause; 

18.2.3                                      independently developed by one party prior to the execution of this Agreement; 

18.2.4                                      in the public domain through no fault of the receiving party; or

 

18.2.5                                      is disclosed by the receiving party to satisfy the order of a court of competent jurisdiction or to comply with the provisions of any law or regulations in force from time to time;  provided that in these circumstances, the receiving party shall, to the extent permitted by law, 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.

18.3                         Each party hereby undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of the information and the provisions of this clause 18 and without prejudice to the generality of the aforegoing, to take all such steps as shall from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with the provisions of this clause 18.

  1. CESSION, ASSIGNMENT AND SUB-CONTRACTING

19.1                         The Agreement is specific to the Customer and the Customer shall not be entitled to cede or assign its rights and/or delegate its obligations, either partially or entirely, to a third party without the prior written consent of Vodacom.

19.2                         Vodacom shall be entitled, at any time, to cede or transfer its rights and interest under this Agreement to any of its Affiliates and/or its financiers (including but not limited to banks) in terms of sale of account receivables or sale of book debt. Any assignment, encumberance or delegation of any of its rights, title, interest or obligations in terms of this Agreement, wherein the Customer is required to perform its payment obligations or liaise with a transferee, shall be with written notice to the Customer.For the purposes of this clause 19.2, “Affiliate(s)” means any corporation, company, or other entity which is (i) controlled by Vodacom; (ii) controls Vodacom; or (iii) is under common control with Vodacom and “control” means that more than 50% (fifty percent) of the controlled entity’s shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity.

19.3                         Vodacom shall be entitled to sub-contract any or all of its obligations under this Agreement without the prior written consent of the Customer. Notwithstanding that any obligations may have been sub-contracted by Vodacom under this clause 19.3, Vodacom shall be, and at all times remain, fully responsible and liable for the fulfilment of all Vodacom’s obligations so sub-contracted.

  1. DATA PROTECTION - WHEN SERVICE TERMS IDENTIFY VODACOM IS RESPONSIBLE PARTY OR DATA CONTROLLER

20.1                         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.

20.2                         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.

20.3                         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. 

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

  1. DATA PROTECTION – WHEN SERVICE TERMS IDENTIFY VODACOM IS THE OPERATOR OR DATA PROCESSOR

21.1                         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.

21.2                         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.

21.3                         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-processors all update its list of Sub- Operator from time to time.

21.4                         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.

21.5                         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.

21.6                         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.

21.7                         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

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

21.8.1                                     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.

21.8.2                                     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.

21.8.3                                     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.

21.9                         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.        

21.10                      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.

21.11                      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.

21.12                      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. TERMINATION

22.1                         In the event of the Customer on the one hand or Vodacom on the other (hereinafter referred to as “the defaulting party”):

22.1.1                                      committing or allowing the commission of any breach of this Agreement or any Service Schedule and failing to remedy that breach within a period of 10 (ten) days after receipt of written notice to that effect from the party not so in breach (“the aggrieved party”); and/or

22.1.2                                      repeatedly breaching any of the terms of this Agreement or any Service Schedule in such manner as to justify the aggrieved party in reasonably holding that the defaulting party’s conduct is inconsistent with the intention or ability of the defaulting party to carry out the terms of this Agreement,

                     then and in any of such events the aggrieved party shall have the right, (but shall not be obliged), forthwith to cancel this Agreement or the applicable Service Schedule (either wholly or in relation to the affected portion) or to claim specific performance, in either event without prejudice to the aggrieved party’s rights to claim damages. The aforesaid is without prejudice to such other rights as the aggrieved party may have at law.

22.2                         Notwithstanding anything to the contrary contained herein, either party may, without prejudice to its rights in terms of the Agreement or at law, immediately terminate the Agreement, or any Service Schedule appended to the Agreement, in the event that the other party:

22.2.1                                      takes steps to place itself, or is placed in liquidation, whether voluntary or compulsory, or under judicial management, in either case whether provisionally or finally;

22.2.2                                      takes steps to de-register itself or is de-registered; or

22.2.3                                      commits an act which would be an act of insolvency as defined in the Insolvency Act, 1936 (as amended) if committed by a natural person, provided that the aggrieved party acting in good faith considers such event to be detrimental to it for sound business reasons.

22.3                         Upon termination of this Agreement for whatsoever reason:

22.3.1                                      the Customer shall no longer be entitled to use of the Equipment and will forthwith tender return of the Equipment to Vodacom who shall be entitled to enter any premises where the Equipment is located to recover same;

22.3.2                                      the Customer shall forthwith make payment to Vodacom all arrear amounts as well as all current amounts due as at the date of termination.

  1. DISPUTE RESOLUTION AND ARBITRATION

23.1                         Any dispute arising out of or in connection with this Agreement shall, in the first instance, be referred for consideration and attempted resolution to the duly authorised senior management representatives of the Customer and Vodacom.

23.2                         Should the representatives referred to in clause 23.1 above be unable to resolve the dispute within 7 (seven) days of same being referred to them, then they shall appoint a third party to act as a mediator (and not an arbitrator) to mediate in the resolution of the dispute. Such mediator shall be selected by the President for the time being of the Association of Law Societies of South Africa.

23.3                         Should the mediation referred to in clause 23.2 above fail to resolve the dispute within 7 (seven) days of appointment of the mediator, then such dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.

23.4                         Notwithstanding the provisions of this clause 23, neither party shall be precluded from obtaining relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

  1. FORCE MAJEURE

24.1                         Neither party shall be liable to the other for inability to perform or delayed performance in terms of the Agreement, should such inability or delay arising from any cause beyond the reasonable control of such party, 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 (hereinafter referred to as “a Force Majeure Event”).

24.2                         For the purposes of this clause a Force Majeure Event shall without limitation of the generality of the aforegoing, be deemed to include strikes, lock outs, accidents, 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.

24.3                         Should Vodacom be unable to fulfil a material obligation under this Agreement or any Service Schedule, as the case may be, for a period of not less than 30 (thirty) days due to circumstances beyond its control more fully set out in clauses 24.1 and 24.2 above, and be unable to provide a suitable temporary alternative to the affected Service or Service Element, as the case may be, then the Customer may terminate this Agreement or the applicable Service Schedule.

24.4                         Notwithstanding anything to the contrary herein contained, as an alternative to termination in terms of clause 24.3 above, in the event of a Force Majeure Event, the Customer may, at its option, extend this Agreement or the applicable Service Schedule (whichever is appropriate in the circumstances) for a period equal to the period during which the Force Majeure Event subsists.

  1. ANTI BRIBERY AND CORRUPTION

Vodacom: (a) has a comprehensive anti-bribery policy and programme; (b) shall comply with Applicable Law relating to anti-bribery and anti-corruption; and (c) shall not give or receive any bribes, including in relation to any foreign public official

  1. DOMICILIA AND NOTICES

26.1                         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:

26.1.1                         Vodacom – Vodacom Commercial Park, 082 Vodacom Boulevard, Vodavalley, Midrand

 

26.1.2              The Customer – ………………………………………….

26.2                Each of the parties 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.

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

26.3.1                         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;

26.3.2                          is posted by prepaid 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 4th (fourth) day after the date of posting.

  1. GOVERNING LAW

          This Agreement shall be governed, construed and interpreted in accordance with the laws of the Republic of South Africa. 

  1. RELATIONSHIP

          Nothing in the 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 for any purpose.

  1. BINDING ON SUCCESSORS AND RELATED PARTIES

          The terms and conditions of this Agreement shall be binding upon the assigns and/or other successors-in-title of the parties from time to time.

  1. NON-VARIATION

          No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless recorded in a written document and signed by or on behalf of the duly authorized representatives of both parties.   For purposes hereof a "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 or intervention.

  1. INVALIDITY AND SEVERABILITY

          If any provision of the Agreement shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of the said provision shall not affect the other provisions of the Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.  The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision, with the retention of the economic, legal and commercial objectives of the said invalid or unenforceable provision.

  1. WAIVER

32.1               The waiver by either party of a breach or default of any of the provisions of the Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or provision that it has or may have hereunder operate as a waiver of that right or power or of any breach or default by the other party.

32.2                Any concession or relaxation of any of the terms of the Agreement that either party may make or allow the other party will not in any way compromise any or all of the rights contained herein or in law of the party making or allowing the said concession or relaxation to demand specific performance

  1. WHOLE AGREEMENT

          This Agreement, together with all schedules, appendices, Service Schedules, annexures and/or amendments from time to time and any specifically referenced documents if applicable, constitutes the complete and exclusive statement of the Agreement between the Parties and supersedes all prior or contemporaneous agreements, promises, representations, understandings and negotiations between the Parties, whether written or oral, with respect to the subject matter hereof.  The terms and conditions of any and all schedules, appendices, Service Schedules (including any specifically referenced documents, if applicable) to this Agreement, as amended from time to time by mutual agreement of the Parties or in accordance with the terms of this Agreement, are incorporated herein by reference and shall constitute part of this Agreement as if fully set out herein.

TABLE OF CONTENTS

 

  1. INTERPRETATION                                                          1
  2. DEFINITIONS3
  3. COMMENCEMENT AND DURATION5
  4. SERVICE SCHEDULES6
  5. CHARGES AND FEES AND PAYMENT TERMS7
  6. ADJUSTMENT OF CHARGES9
  7. THE CUSTOMER’S OBLIGATIONS10
  8. THE EQUIPMENT11
  9. WARRANTIES13
  10. MONITORING OF CONTENT AND COMMUNICATIONS14
  11. CHANGE CONTROL PROCEDURE16
  12. NEW TECHNOLOGIES AND ADDITIONAL SERVICES17
  13. DISCONTINUATION OR SUBSTITUTION OF TECHNOLOGY17
  14. SUSPENSION OF THE SERVICES18
  15. INTELLECTUAL PROPERTY19
  16. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS20
  17. LIMITATION OF LIABILTY22
  18. CONFIDENTIAL INFORMATION22
  19. ASSIGNMENT AND SUB-CONTRACTING24
  20. DATA PROTECTION - WHEN SERVICE TERMS IDENTIFY VODACOM IS RESPONSIBLE PARTY OR DATA CONTROLLER25
  21. DATA PROTECTION – WHEN SERVICE TERMS IDENTIFY VODACOM IS THE OPERATOR OR DATA PROCESSOR25
  22. TERMINATION29
  23. DISPUTE RESOLUTION AND ARBITRATION31
  24. FORCE MAJEURE32
  25. DOMICILIA AND NOTICES33
  26. GOVERNING LAW33
  27. RELATIONSHIP34
  28. BINDING ON SUCCESSORS AND RELATED PARTIES34
  29. NON-VARIATION34
  30. INVALIDITY AND SEVERABILITY34
  31. WAIVER35
  32. WHOLE AGREEMENT35
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VoIP Bundles Terms & Conditions

VoIP Bundles

Terms and conditions

1.    Terms and conditions pertaining to Business Internet LTE, as detailed on https://siebel.vodacom.co.za/eCommunications_enu/serviceschedules/VBC_Wireless_Lite_2017-02_V4.pdf

2.    Prices are exclusive of VAT and usage unless otherwise stated.

3.    Provision of services is subject to stock availability.

4.    Provision of services is subject to standard credit vetting processes and approval by Vodacom Commercial Finance.

5.    Pricing for certain services may be subject to change due to currency and exchange rate fluctuations.

6.    Moving from one connectivity type to another, as part of individual components of a SME LTE VoIP Bundle, or as a Smart Business Bundle as a whole, will not be allowed.

7.    Bundles include anytime minutes to any network.

8.    3 000 minute fair usage policy applies for the for Unlimited VoIP minute bundle

9.    International calls are not included in the bundled minutes and rated separately

10.    The bundle comes with 1 new non geographic VoIP number(s) and 1 Yealink WP52P Desk Phone

11.    The bundle does not apply to existing VoIP lines or numbers

12.    All calls are billed based on a Per Second Billing principle

13.    Out of bundle minute rates apply

14.    The bundles are billed monthly x 24 months

15.    VoIP Premium Rated services, will not make use of (consume) the VoIP Business Talk bundle minutes and the call charges will be charged in accordance with the Out of Bundle Tariff Schedule.

16.    Bundle minutes will be consumed in order of the expiry date of the minutes. Accordingly the minute bundle that expires earliest will be consumed first.

17.    Minutes carry over for 3 months

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VoIP Bundles Terms & Conditions
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Website Terms and conditions

Website Terms and conditions

Terms and conditions of use of this Vodacom online service

Accessing any pages on this online service implies that you agree to the following terms and conditions of use of this online service.

These terms and conditions contain provisions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:

  • may limit the risk or liability of the Vodacom Group or a third party; and/or
  • may create risk or liability for you; and/or
  • may compel you to indemnify the Vodacom Group or a third party; and/or
  • serve as an acknowledgement, by you, of a fact.

1. Disclaimer

1.1. Whilst every effort has been made by Vodacom (Pty) Ltd ("Vodacom"), and its suppliers of information, to ensure the proper performance of this online service, the accuracy of the information/images and the reliability of the binary data on this online service, Vodacom, its affiliated companies, suppliers, or any of their employees, do not, to the full  extent permitted by law, guarantee the availability or accuracy of the services, content and/or information offered on this online service ("the Service/s").

1.2 Vodacom makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at your own risk. In particular Vodacom makes no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

1.3 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 Vodacom 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.

2. Indemnification

2.1. To the full extent permitted by law, you indemnify and hold Vodacom harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arises directly or indirectly out of a breach of the terms of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the Services or your  use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services, other than in respect of losses caused by Vodacom's gross negligence or intentional misconduct.

2.2. Without affecting the generality of 2.1 above, Vodacom shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond Vodacom's control. 

3. Use of services

3.1. You may only use the Services for lawful purposes and you warrant that you shall not:

3.1.1. use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

3.1.2 use the Services for the transmission of "junkmail", "spam", "chain letters", or unsolicited mass distribution of SMS;

3.1.3 other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this site, and you may not, other than for your personal and non-commercial use, "mirror" or cache information provided via this site on your own server, or copy, adapt, modify or re-use the text or graphics from this site without prior written permission from Vodacom.

4. Privacy policy

4.1. Vodacom and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate its commitment, Vodacom has created this Security and Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.

4.2 What types of information are Vodacom collecting, and how do we do it You will be able to explore the majority of the Services offered on this site without us collecting any identifiable information from you. For the purpose of business communications, administration and transacting Vodacom may collect and/or use personal information, for example: your name, address, telephone number, e-mail, current geographical location and/or account details. This will enable Vodacom to:

      Respond to queries or requests submitted by you;

      Process orders or applications;

      Resolve problems with goods and services previously supplied; and/or

      Create products or services that may meet your future requirements.

      Vodacom will use, collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you, our customer.

4.3 The use of Cookies

Vodacom may store some information (commonly known as a "cookie") on your computer when you visit our web site.This enables Vodacom to recognise you during subsequent visits. The type of information gathered is non-personal (such  as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Vodacom may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.

4.4 What about the security of my personal data?

Vodacom has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an on-going basis. Please note that Vodacom cannot be responsible for the privacy policies and practices of other sites you may access using links from this Service. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching this site. Vodacom therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.

4.5 Will Vodacom disclose any of my personal information?

Vodacom does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, Vodacom will not sell your personal information to third parties unless you give us your specific permission to do so. For example, we may disclose your data to a credit card company to obtain payment for      a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.

4.6 Amendments to this Security and Privacy Statement

Vodacom reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.

4.7 Whilst your name and e-mail address which is supplied to us when registering for the Services will not automatically be made available to the recipient of your SMS, we nevertheless are able to trace the source of an SMS, and such information will be made available to the authorities if required by law.

4.8 Monitoring or recording of your calls, e-mails or SMS's may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify you.

4.9 You agree that Vodacom may, to the full extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to any of Vodacom's shareholders, related entities, suppliers, agents,  professional advisors or any company within the Vodacom Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008

5. Electronic communications

All electronic communications, including any attachments thereto that are transmitted to you by Vodacom, shall be on the following terms and conditions:

5.1. Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Vodacom, the following terms and conditions shall apply:

5.1.1. An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of Vodacom shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Vodacom, as the case may be.

5.1.2 Where Vodacom is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Vodacom, and upon such Director expressly and manually acknowledging receipt of such acceptance.

5.1.3 An electronic communications shall be considered to have been sent by a Director as aforesaid only if:

5.1.3.1 the Director sent it personally; or

5.1.3.2 it was sent by a person who had the required authority to act on behalf of the said Director.

5.2 Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.

5.3 Vodacom is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.

5.4 Whilst Vodacom does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.

6. Intellectual property rights

You acknowledge that Vodacom owns or is the licensor of the intellectual property rights in and to all Services contained herein, and that the unauthorised use thereof is expressly prohibited. The word or mark "Vodacom", and "Voda", however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are the trademarks of Vodacom, or one of its affiliated companies.

7. Password and/or One Time PIN

If you have a password or One Time PIN (OTP) you undertake to keep it secure and warrant that no other person shall use the Services utilising your password or OTP, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password or OTP, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.

8. Termination and variation

To the full extent permitted by law, we reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on this site and will be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

9. General

9.1. These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.

9.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

9.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

9.4 These terms and conditions, as varied by us from time to time pursuant to clause 8, above constitute the sole agreement between you and Vodacom.

View Vodacom e-school Terms and Conditions 

View all Vodacom Terms and Conditions

View Google Privacy Policy

View Google Terms of Service 

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Wi-Fi Calling Service

Wi-Fi Calling Service

By using the Wi-Fi Calling Service, you agree to these terms and conditions:

1. All standard Terms and Conditions of Vodacom (Pty) Ltd applies to the Wi-Fi Calling service and the Wi-Fi Calling bundles.

2. All prices and usage rates advertised include VAT, unless otherwise stated.

The Wi-Fi Calling service

1. The Wi-Fi Calling service is only available on Wi-Fi Calling enabled devices, and only to: 

a. All enterprise customers on PostPaid, TopUp and Prepaid packages

b. Consumer customers of Prepaid and Top Up packages

2. A list of Wi-Fi Calling enabled devices can be viewed at https://www.vodacombusiness.co.za/business/home

3. When calling from South Africa, Wi-Fi Calls can only be made where Vodacom cellular network is minimal or absent. This applies even when your device is connected to a Wi-Fi connection.

4. When calling from outside of South Africa, you can make Wi-Fi Calls when roaming is not activated and you are connected to a Wi-Fi network. Should roaming be active, you will only be able to make a Wi-Fi Call when your roaming network signal strength is minimal or absent. 

5. Before you can use this service, you must:

a. Have an active Vodacom SIM;

b. have VoLTE activated on your Vodacom SIM;

c. Install the applicable Wi-Fi Calling software on your Wi-Fi Calling enabled device;

d. have access to a Wi-Fi network which is secure;

e. have the required airtime value or voice minutes;

f. Ensure the applicable Wi-Fi Calling "icon" is displayed on your device, prior to attempting to use the Wi-Fi Calling services;

g. Connect to a Wi-Fi network which allows Wi-Fi calling and is secure.

6. Vodacom shall not be held liable for any charges incurred in the event that a call is made or SMS sent when not connected to a Wi-Fi network/hotspot. 

7. Refer to the Wi-Fi Calling Activation Guide which can be found at https://www.vodacombusiness.co.za/business/home.

8. Vodacom cannot guarantee that the Wi-Fi network (other than Vodacom Wi-Fi) to which you are connected is Wi-Fi calling enabled. 

9. The Wi-Fi Calling Service is dependent on the availability of a Wi-Fi connection and the strength of such Wi-Fi connection and will affect the

Wi-Fi Calling Service. As a result, Vodacom is not responsible for, and does not guarantee, the availability or quality of the Wi-Fi Calling service and will not be liable for any claims of whatever nature.

10. When making a Wi-Fi call, should you move away from or out or range of the Wi-Fi signal zone to a LTE zone, your call will not drop and will continue on LTE. 

11. When making a Wi-Fi call, should you move away from -or out of range of the Wi-Fi signal zone to a 3G or 2G zone, your call will terminate and Vodacom shall not be liable for any claims of whatever nature.

12. In the event of a weak Wi-Fi network signal, your Wi-Fi call will be handed over to a standard circuit switch network call should you be in a

LTE zone and standard voice call charges will apply, alternatively, the call will terminate. If you use a Wi-Fi enabled device, and have access to the Wi-Fi Calling service, you may send SMS's over the Wi-Fi network, if available.

13. You acknowledge that by making use of the Wi-Fi Calling service, you are aware that devices using wireless connections may be vulnerable to unauthorized attempts to access any data, personal information and software that may be stored on the device. It is your responsibility to ensure the wireless network which you make use of is secure before attempting to connect to it in order to make use of this the Wi-Fi Calling service. Vodacom shall will not be held liable for claims of whatever nature arising from any unauthorized access to or use of or loss of data, software and/or personal information in this instance.

14. All emergency service calls will connect by means of the circuit switch network and standard charges, if any, will apply.

International Roaming and Wi-Fi calling 

1. You do not require activation of international roaming on your device in order for you to use the Wi-Fi Calling service while you are outside of South Africa.

2. In order to make use of the Wi-Fi Calling service, you need to be connected to a secured Wi-Fi network/hotspot and have the relevant airtime value available or voice bundle. 

3. All Wi-Fi calls made and SMS's sent will automatically deplete from your available Vodacom tariff plan.

4. You are responsible to ensure that you are connected to a secured Wi-Fi network while making use of the Wi-Fi Calling services. Should you not connect to a secure Wi-Fi network while outside of South Africa you will not be able to use the Wi-Fi Calling Service. If you have activated international roaming services and do not connect to a secure Wi-Fi network  standard international roaming charges will apply. 

5. You are responsible to ensure that the applicable Wi-Fi Calling "icon" is displayed on your device, before attempting to use the Wi-Fi Calling services abroad. Vodacom will not be held liable for any charges incurred in the event that a call is made or SMS sent when not connected to a Wi-Fi network/hotspot.

Charges relating to the Wi-Fi Calling service

1. In order to make use of the Wi-Fi Calling service, you are required to have the relevant airtime value or voice bundle available.

2. Wi-Fi Calls and SMS's will deplete from your available Vodacom tariff plan voice or SMS bundle or your Free/inclusive airtime value, where applicable.

3. If no Free or inclusive airtime value or if no voice bundle are available at the time that the Wi-Fi Calling service is used, out of bundle charges for usage will apply to postpaid customers.

4. When you connect to a Vodacom Wi-Fi network and make a Wi-Fi call, data will be zero-rated. However, standard data charges will apply when making a Wi-Fi call if you are connected to another network provider’s Wi-Fi network.

5. Wi-Fi Calling is a Voice and SMS only service. When you are connected to a Wi-Fi network, the data bundle applicable to the relevant Wi-Fi network will be depleted. 

Exclusions to the Wi-Fi Calling service

1. Wi-Fi call handover is not enabled between Wi-Fi and 3G/2G networks, and vice versa.

2. International roaming, by default, will not be enabled. You will be required to contact Vodacom and enable international roaming before to travelling abroad.

3. You will not be able to send MMSs over the Wi-Fi network while using the Wi-Fi Calling service.

General

1. Any valued added services added to the account will be deducted from your available airtime value for Prepaid and TopUp customers.

2. You will be charges for all Premium rated or special number calls and MMSs as out of bundle usage according to the applicable tariff plan.

3. Data and/or airtime value is required on the Wi-Fi network to make a Wi-Fi call.

4. All standard terms and conditions in respect of your applicable standard tariff plan will apply.

5. You acknowledge that the Wi-Fi Calling service may not be supported by all Wi-Fi networks/hotspots and Vodacom will not be liable for any claims of whatever nature in this regard.

6. Vodacom may, in its sole discretion, amend, modify or otherwise change these terms and conditions on notice to you and should you continue to participate in and / or make use of the Wi-Fi Calling service, you agree and understand that you will be bound by the amended terms and conditions.

7. You hereby indemnify Vodacom, its directors, affiliates, employees and agents against any loss or damages, either direct, indirect, consequential or otherwise, arising from their use of the Wi-Fi Calling service.

8. Vodacom may with or without notice to you, in its sole discretion, withdraw the Wi-Fi Calling service and you will have no claim of whatever nature against Vodacom. 

This clause explains how we collect, use, share and protect your personal information. This clause should be read with our privacy policy. If we update this clause and our privacy policy, we’ll post any changes on our website.

Privacy and Data Protection- how we use your information 

Collecting your personal information

We can get your personal information when you:

1. Buy a product or service from us (including buying products online, over the phone and in a retail store or other retail outlet)

2. Register for a specific product or service (such as registering your name and address details for a Pay as you go phone or setting up an email account with us)

3. Subscribe to newsletters, alerts or other services from us

4. Ask us for more information about a product or service, or contact us with a question or complaint

5. Take part in a competition, prize draw or survey

6. Use our network and other Vodafone products or services

7. Visit or browse our website or other Vodafone Group websites

8. We may also collect information about you from other organisations, if this is appropriate. These include fraud-prevention agencies, business directories and credit reference agencies. With your permission or consent and/or as permitted by law, we may also collect information about you from other companies, our business, or joint venture partners.

Understanding what you want

9. We might also use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your movements on our website). These collect information that tells us how you use our websites, web-related products and services.

10. This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again. See the next section for more details.

11. You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie. 

12. The personal information we collect

13. The information we collect about you depends on the Vodacom and Vodafone products and services you use and subscribe to. It includes (but isn’t limited to) the following:

14. Your name, date of birth, home language, address, and email address

15. Your preferences for particular products, services or lifestyle activities when you tell us what they are – or when we assume what they are, depending on how you use our products and services

16. Your contact with us – such as a note or recording of a call you make to one of our contact centres, an email or letter you send to us or other records of any contact you have with us

17. Your account information – such as phone number, handset type, handset model, whether you are a prepaid or post paid customer,   dates of payment owed and received, TopUp information, the subscription services you use or any other information related to your account

18. We’ll also get information on how you use our products and services, such as:

19. The phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from)

20. The date, time and length of the calls and messages you send or receive through our network, and your approximate location at the time these communications take place

21. The level of service you receive – for example, network faults and other network events which may affect our network services

22. Your website browsing information (which includes information about the websites you visit, and about how you use our website or other Vodafone Group websites on your mobile or a PC

23. The date, time and length of your internet browsing, and your approximate location at the time of browsing

Using your personal information

24. We may use and analyse your information to:

25. Process the goods and services you’ve bought from us, and keep you updated with your order progress

26. Keep you informed generally about new products and services (unless you choose not to receive our marketing messages)

27. Provide the relevant service or product to you. This includes other services not included in your agreement with us, and services that use information about where you are when using your mobile equipment (location information) and to contact you with messages about changes to the service or product

28. Contact you with offers or promotions based on how you use our products and services. These include your calling and messaging activities, location information and browsing information (unless you choose not to receive these messages) 

29. Bill you for using our products or services, or to take the appropriate amount of credit from you

30. Respond to any questions or concerns you may have about using our network, products or services

31. Let you know about other companies' products and services we think may interest you (including offers and discounts we’ve specially negotiated for our customers).

32. Protect our network and manage the volume of calls, texts and other use of our network. For example, we identify peak periods of use so we can try and ensure the network can handle the volume at those times

33. Understand how you use our network, products and services. That way, we can develop more interesting and relevant products and services, as well as personalising the products and services we offer you

34. Carry out research and statistical analysis including to monitor how customers use our network, products and services on an anonymous or personal basis

35. Prevent and detect fraud or other crimes, recover debts or trace those who owe us money

36. Provide aggregated reports to third parties (such reports do not contain any information which may identify you as an individual). 

37. The information we use will be your approximate location, based on the nearest mobile cell site. As a result, this will change as you move around with your mobile phone.

38. We’ll store your information for as long as we have to by law. If there’s no legal requirement, we’ll only store it for as long as we need it. 

Sharing your personal information

39. We may share information about you with:

40. Companies in the Vodacom and Vodafone Group (Vodafone Group Plc and any company or other organisation in which Vodafone Group Plc owns more than 15% of the share capital) 

41. Partners or agents involved in delivering the products and services you’ve ordered or used

42. Partners or agents that conduct network performance and customer satisfaction surveys and any other surveys related to the products or services provided to you 

43. Companies who are engaged to perform services for, on behalf of Vodacom (Pty) Ltd including Vodafone Limited, or the Vodafone Group

44. Where applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies

45. Debt collection agencies or other debt recovery organisations

46. Law enforcement agencies, regulatory organisations, courts or other public authorities if we have to, or are authorised to by law

47. Emergency services (if you make an emergency call), including your approximate location

48. We’ll release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.

49. If we’re reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.

50. We may need to transfer your information to other group companies or service providers in countries outside South Africa. This may happen if our servers or suppliers and service providers are based outside South Africa, or if our services are hosted in systems or servers in Vodafone Operating Companies outside South Africa including Europe or India and/or if you use our services and products while visiting countries outside this area.

51. At your option, we may also share your information with partner organisations we’ve chosen carefully, so they can contact you about their products and services.

52. Keeping your personal information secure

53. We have specialised security teams who constantly review and improve our measures to protect your personal information from unauthorised access, accidental loss, disclosure or destruction.

54. If we have a contract with another organisation to provide us with services or a service on our behalf to process your personal information, we’ll make sure they have appropriate security measures and only process your information in the way we’ve authorised them to. These organisations won’t be entitled to use your personal information for their own purposes. If necessary, our security teams will check them to make sure they meet the security requirements we’ve set.

55. Communications over the internet (such as emails) aren’t secure unless they’ve been encrypted. Your communications may go through a number of countries before being delivered – as this is the nature of the internet. We can’t accept responsibility for any unauthorised access or loss of personal information that’s beyond our control.

How to opt-out

56. If you no longer want to receive marketing messages from us, please contact our customer services team and you’ll be ‘opted out’. (You can get in touch with customer services through the Contact Us page on our site.)

Page Description
By using the Wi-Fi Calling Service, you agree to these terms and conditions:
Page Title
Wi-Fi Calling Service | Business Terms and conditions
Keywords
Wi-Fi Calling Service, terms and conditions
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HUAWEI MateBook Series

Huawei MateBook D15

Huawei MateBook D15

Includes Huawei Router

on 5GB Data Price plan

R539 PM x 36

Apply now
Huawei MateBook X PRO

Huawei MateBook X PRO

Includes Huawei Router

on 5GB Data Price plan

R1239 PM x 36

Apply now
Huawei MateBook 14

Huawei MateBook 14

Includes Huawei Router + Freebuds

on 5GB Data Price plan

R939 PM x 36

Apply now
Page Description
Do great things with the Huawei MateBook range of laptops. Get HUAWEI MATEBOOK D15 + HUAWEI Router from only R539 PM x 36 on 5GB Data Price plan. Explore the best laptop deals from Vodacom Business
Page Title
HUAWEI MateBook Series | Vodacom Business
Keywords
Laptop deals, business laptops, laptop with data plan, matebook, Huawei, d15, x pro, matebook 14
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0
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Vodacom Business Ticket

Vodacom Business Ticket

Terms & Conditions

  1. By purchasing Vodacom Business Ticket data bundle(s), you agree to be bound by these terms and conditions.
  2. Vodacom Business Ticket is exclusive to Vodacom Enterprise customers on contract ("Post-paid") and Top Up ("Hybrid") price plans.
  3. Vodacom Business Ticket data bundle(s) is for personal use only. You agree that Vodacom Business Ticket data bundle(s) cannot be used for commercial purposes. Vodacom reserves the right to suspend the service should you misuse or abuse the service. 
  4. The types of Vodacom Ticket Data Bundle(s) you can purchase are set out in the table below and can be used only in respect of the specified Third Party Apps. 

Type of Vodacom Business Ticket

Third Party Apps

Price (incl VAT)

Data Bundle size

Email  Lite Ticket

Outlook, Gmail, Yahoo mail

R 59,00

1GB

Social Ticket

Facebook, Instagram, Pinterest, Twitter, Facebook messenger

R 60,00

1GB

Email Plus Ticket

Outlook, Gmail, Yahoo mail

R 89,00

2GB

Cloud Ticket

One Drive, Google Drive, Drop Box, iCloud

R 149,00

5GB

Communication Ticket

Teams and Jabber

R 179,00

10GB

R 259,00

30GB

R 389,00

50GB

  1. All the prices of Vodacom Business Ticket data bundles are inclusive of VAT.
  2. You may purchase more than one type of Vodacom Business Ticket data bundle at a time for use on the selected third party Apps but cannot buy the same type of Vodacom Business Ticket data bundle before your current Business Ticket data bundle is fully depleted. 
  3. You may purchase a Once-Off Vodacom Business Ticket data bundle or a monthly recurring Vodacom Business Ticket data bundle. 
  4. A Once - Off Vodacom Business Ticket data bundle is valid until 23:59 on the 30th day from and including the day of purchase and cannot be deactivated after purchase.
  5. A recurring Vodacom Business Ticket data bundle is valid until 23.59 on the last day of the then current calendar month. No pro-ration is applied, the full data allocation is applied and the full price is charged and added to your monthly bill upon purchase. 
  6. Any unused data that expires at the end of the validity period will be forfeited. No carry over rules apply.
  7. Upon purchase of a Vodacom Business Ticket data bundle, data usage in respect of the Third Party Apps listed above will deplete against the Vodacom Business Ticket data bundle and not against any other data bundle available on your applicable price plan. 
  8. When you have used all the data available on the applicable Vodacom Business Ticket data bundle, data usage will automatically revert to other available data bundles. If no other data bundles are available, then data will be charged at a per MB rate based on your existing applicable price plan at the out of bundle rate. 
  9. Any usage outside of the applications listed in each ticket will be charged in accordance with the rates applicable to your existing price plan or depleted from any other valid/available data bundle. 
  10. If you select or click on a link that directs you out of the domain of the Third Party App,  any data usage outside the Third Party App will be charged in accordance with the rates applicable to your existing price plan or depleted from any other valid/available data bundle.
  11. The Vodacom Business Ticket data bundles do not apply when you are roaming. Whilst roaming, data usage will be charged in accordance with your existing price plan.
  12. If you migrate or upgrade your price plan to an eligible price plan, the remaining portion of your Vodacom Business Ticket data bundle will transfer. Enterprise Bundle price plans are not eligible. 
  13. Vodacom Business Ticket data bundles can be purchased through USSD by dialing *135#.
  14. Vodacom Business Ticket data bundle is available for use in all compatible smartphone devices, laptops and tablets.
  15. You will be able to view your  balance of the business Ticket through self-service channels;
  16. USSD  *135#
  17. Customer Care (SME and SOHO- 1940 and 1960, VGE /PE /LE-1948)
  18. Vodacom reserves the right to terminate the product at any time and for whatsoever reason.
  19. Vodacom reserves the right to add and remove any of the Third Party Apps at its sole discretion and at any time.
Page Description
By purchasing Vodacom Business Ticket data bundle(s), you agree to be bound by these terms and conditions.
Page Title
Vodacom Business Ticket | Vodacom Business
Keywords
Business Ticket
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Page URL
/business/terms/vodacom-business-ticket

Data Refill Services

Last updated:

12 July 2021

Table of contents

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

Credit Card Purchase

Credit Card Purchase

Terms and Conditions
 
By using the Vodacom Bank Card Purchase service (‘the Payment Capability”) you agree that you have read, understood and are bound by the following terms and conditions:

1.     The Payment Capability is available to you as a Contract Customer in respect of corporate accounts held with Vodacom for USSD, My Vodacom Web portal and My Vodacom app purchases.

2.    You can buy airtime, voice bundles, data bundles and pay for these via your debit or credit card from supporting banks.

2.1.    You can purchase data bundles using your credit card for yourself and another Contract customer

2.2.    You can purchase airtime, voice bundles, and Data bundles using your credit card for other Hybrid/Top Up customers

3.    The following Banks support this Payment Capability:

3.1.    Absa debit and credit card;

3.2.    Standard bank debit and credit card;

3.3.    First National Bank debit and credit card;

3.4.    Nedbank credit cards;

3.5.    Bidvest debit and credit cards; or

3.6.    Capitec debit and credit card.

4.    You can purchase both once-off and recurring bundles using your credit card or debit card.

Recurring Data Bundles Purchase Conditions

5.    You will not be able to cancel your recurring bundle purchase using Credit Card on My Vodacom web or My Vodacom App.

5.1.    In order to cancel the recurring bundle, call 082 1940.

5.2.    You will be asked a few questions in order to verify you are the card holder

6.    Your bundle purchase will not be subject to pro-rating. The bundle will be auto-purchased every 30 days and will expire after 30 days from the day it was activated but any remaining data will carry-over for an additional 30 days thereafter.  Should the 1st day of the month fall on a Sunday, your recurring bundle will be activated on the Friday prior to the Sunday date.

7.    You will not be able to purchase multiple recurring data bundles unless they are of different bundle sizes. For example, you can activate a recurring 2GB bundle as well as another 1GB bundle on your line should you wish to do so.

8.    You will be able to purchase any number of once-off data bundles even when a recurring bundle is active (subject to the bank limits previously stated).

9.    If your first purchase/activation of the recurring bank card data bundle is on the 29th or 30th of any month, then the new allocation will be on the 29th or 30th of every subsequent month, excepting February in non-leap years; where the allocation will take place on the 28th of February. In a leap year, the bundle will be allocated on the 29th of February. After this the Recurrence will resume the normal recurrence on either the 29th or 30th of the month respectively.

10.    If your first purchase is on the 31st of any month, then the new allocation date will be the last day of any subsequent calendar month.

11.    Should you have insufficient funds on the bank card, on the day the bundle is set to re-occur and allocate, Vodacom will make one attempt on the card to detect and deduct the bundle price from the bank card.

12.    Should the attempt to capture the payment be unsuccessful, the recurring bundle will be cancelled and you will have to activate the bundle again should you wish to do so.

13.    Any bank charges incurred during the unsuccessful attempt to deduct funds from the bank card will be for your account and you will be liable for payment.

Bank Card Purchase Conditions by Self-Service Channel

USSD Purchase Condition (Determined by banks in order ensure safety of your transactions)

14.    You must process a credit card payment from the same cell phone number linked to the bank card on the bank’s database.

15.    You will not be able to purchase a bundle using your FNB bank card.

16.    In order to use your Capitec bank card, you need to enable your card for online purchase through your bank and ensure the e-commerce limit has been lifted.

17.    You will not be able to use your bank card if it does not have the full 16 digit card number printed on it.

18.    You will be unable to purchase a bundle when using Huawei P30 and Mate20 Pro devices.

19.    The following limits will apply when using USSD:

19.1.    Monthly

Airtime: R2000

Airtime/Data Bundle: R5000

Airtime Trusted: R4000

Airtime/Data Bundle Trusted: R10000

19.2.    Daily

Airtime: R1000

Airtime/Data Bundle: R2000

Airtime Trusted: R2000

Airtime/Data Bundle Trusted: R4000

20.    The above limits will be superseded by any bank/card limits therefore if your banking limit has been reached, it will apply despite the above limits.

Online and App Purchase Conditions (Determined by banks in order ensure safety of your transactions)

21.    Your purchase will need to be of a minimum value of R6.

22.    Your bank purchase limits will apply for bundle purchases on Online and App.

23.    There is no additional service fees from Vodacom but your applicable bank will charge the relevant bank charges/card transaction fees for normal card purchases.

General

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

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

26.    The Vodacom Privacy Statement applies to bundle purchases using your bank card.  By using purchasing bundles using your bank card, you agree that you have read and understood the Vodacom privacy statement.http://www.vodacom.co.za/vodacom/terms/privacy-policy.

27.    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 Payment Capability is available to you as a Contract Customer in respect of corporate accounts held with Vodacom for online purchases.
Page Title
Credit Card Purchase - Terms | Vodacom Business
Keywords
Credit Card Purchase
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