Vodacom Blackberry Usage T&Cs

 

1. Introduction

The following Terms & Conditions relate to Vodacom's BlackBerry Internet Service (BIS) and Blackberry Enterprise Server (BES) (the Service(s)) and do not replace any other Terms & Conditions, agreements or contracts that exist between customers and their Service Providers. Your subscription to the Service constitutes your acceptance of these Terms and Conditions.

Vodacom endeavours to provide a superior service to all of its customers.  To ensure continuous service quality, usage may be monitored and protection measures implemented to safeguard customers’ experience and the Vodacom network against abuse.  Please note that the Service is a best effort service and even though we strive to ensure that the service is continually available we provide no guarantees in relation thereto.  Vodacom 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.

Vodacom reserves the right to; temporarily or permanently discontinue the (‘Service(s)’) by providing you with 20 (twenty) business days’ notice.  Vodacom further reserves the right to modify the Service(s) where reasonably required. You agree that Vodacom shall not be held liable to you or to any third party for any modification, suspension or discontinuation of the Service(s).

2. On-device Terms of use policy

On-device browsing constitutes any WEB/WAP sites accessed across the blackberry.net APN whilst utilising the BlackBerry browser. Utilising the BlackBerry browser, customers are able to browse and use mobile content and services on the BlackBerry smartphone. Customers have access to on-device real-time browsing consumption subject to the Data Fair Usage Policy. Content acquired in this manner is intended for consumption on the respective device. The on-device browsing includes on-device social networking (e.g. Facebook, BlackBerry Messenger and Twitter) as well as the viewing of e-mail messages, appointments, contacts, tasks and memos. Vodacom; may from time to time identify certain websites with Research In Motion, where access to these sites will be charged for at the customer`s prevailing data tariff plan.  Certain sites, for example sites where you are able to download music will have separate terms and conditions governing the use of the site and downloading of its content, and it is your responsibility to familiarise yourself with such terms and conditions. 

3. Off-device Terms of use policy

Content acquired through use of the Service may not be transferred off the intended device for utilisation or consumption on another device. Utilisation of content acquired in this manner will be constituted as inappropriate behaviour on your part and Vodacom may at its discretion, take such steps against you as the circumstances require, including initiating legal proceedings against you. Making a backup of the content acquired on your Blackberry smartphone for the sole purpose of restoring it to the same device is allowed.

4. Data Fair Usage Policy

All data usage is subject to a fair usage policy. Vodacom reserves the right to apply measures to ensure that your actions do not negatively impact the experience of other customers or sustainability of the service. These measures are determined at Vodacom’s sole discretion.

5. Applications

Applications can use either the Blackberry.net or Vodacom’s billable APNs. Since the APN that is used is dependent on the application developers, Vodacom cannot guarantee that the usage of downloadable applications will run across the blackberry.net APN and be included in the monthly Service fee. Customers thus download and use applications at their own risk since applications can incur additional data charges if they use an APN other than the Blackberry.Net APN for data transport. You will be required to contact the developer of the application to query whether your data will be directed via the blackberry.net APN or not. 

6. Streaming

Streaming (data/content transmitted in real time, over the Internet, accessed on a cellular handset) is not covered by the basic service charge for either BIS or BES. When accessing streaming content, the browser will automatically utilise the Internet APN. Streaming content via the WAP browser will be billed according to your prevailing data tariff.

7. Rated Websites 

All data traffic consumed as a result of browsing the following websites will be charged for.

http://wap.thegrid.co.za                                The Grid

http://m.vodacom.co.za                                 Vodacom

http://mini.opera.com                                 Opera Mini

http://m.zoopy.com/?vodabrowser                 Zoopy

http://www.vodamail.co.za/in                         Vodamail

http://bango.info                                         Bango

http://www.myadme.mobi  

live.vodafone.com                                        Vodacom

8. Tethering/Hotspots

When using a BlackBerry device as a tethered modem and/or a Wifi hotspot, customers will make use of the internet APN and will be billed in accordance with their prevailing data tariff plan. Tampering or manipulating either the BlackBerry Desktop software or any 3rd party connection software to initiate a connection across the blackberry.net APN as opposed to the predefined internet APN will be constituted as an illegitimate connection. Should such a connection be detected on the network, Vodacom will at its discretion initiate proceedings against you.

9. Limitations on Browsers

Vodacom does not control the functionality of any website browsers and disclaims all liability in relation to your inability to access a website as a result of browser/browsing inefficiency.

10. Intellectual Property

You may not infringe any copyright or other intellectual property rights that may exist in respect of the Service(s). You may not, by means of the Service(s), infringe the copyright or intellectual property rights of any third party by means of, inter alia, the using, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing or distributing software, video or audio content or any other material owned by any third party and protected in terms of any intellectual property rights, trade mark law or other proprietary rights. You will be held liable for any costs, claims, damages and/or expenses which may be incurred by VSP and/or Vodacom as a result of any claim brought by any third party arising out of the infringement of any copyright or intellectual property breaches including all and any legal costs incurred on an attorney and own client scale.

11. Parameters of use

11.1 Email

It is not recommended to send and receive email messages that exceed 8 MB in size using a BlackBerry Internet Service account (5 MB for the attachment and 3 MB for the email message), regardless of the available mailbox size. When receiving an email message that is larger than 8 MB on the BlackBerry Smartphone, a percentage of the email message will appear as message truncated due to size and will not be readable on the Smartphone. 

11.2 BlackBerry Messenger

The current file transfer limit for BBM is 6 MB except for voice notes. The limit for voice notes are 96KB for single chat and 55KB for multi-person chat.

11.3 BlackBerry Operating System OS 5 and earlier

The BlackBerry browser has the following download file size limits:

    MS Word, MS Excel, MS PowerPoint and PDF (file size limit of 2048 KB)

    OMA DRM message and OMA DM message (file size limit of 5120 KB)

    All multimedia Multipurpose Internet Mail Extensions (MIME) types (file size limit of 250 MB)

Device browser limitations have been enforced to ensure optimal performance, tampering with the standard device software may impede on the perforce as well as nullify the device warranty; as such it is not recommended to do so.

11.4 BlackBerry Operating System OS 6

The single BlackBerry browser accommodates both BlackBerry Internet Service and BlackBerry Enterprise Server data usage. All WAP related data usage is routed via the WAP browser and rated according to the relevant data tariffs. The BlackBerry browser has the following download file size limits:

    MS Word, MS Excel, MS PowerPoint and PDF (no present limit)

    OMA DRM message and OMA DM message (no present limit)

    All multimedia Multipurpose Internet Mail Extensions (MIME) types (no present limit)

11.5 BlackBerry Operating System OS 7

The OS 7 BlackBerry browser supports HTML 5, new JavaScript compiler, improved Flash, touch to zoom, HTML 5 video tag. Web pages will open 40% faster than any other mobile browsers. The BlackBerry browser has the following download file size limits:

    MS Word, MS Excel, MS PowerPoint and PDF (no present limit)

    OMA DRM message and OMA DM message (no present limit)

    All multimedia Multipurpose Internet Mail Extensions (MIME) types (no present limit)

11.6 BlackBerry 10

The BIS and BES services are not applicable to BlackBerry 10 handsets

BlackBerry® BIS:

This service is for use with a BlackBerry® device that uses Operating System 7 (OS7) or lower. Email messages received using the BlackBerry® Internet Service (BIS) cannot exceed 8MB (limited to 5MB

for the attachment plus 3MB for the email message), regardless of the size of the customer’s email mailbox. Streaming (content transmitted in real time, over the Internet, viewed on a cellphone) will

be billed in accordance with the customer’s prevailing Data Price Plan and will not constitute part of the unlimited on-device browsing (reading content on websites, on the Internet, from a cellphone)

offer. File download using the BlackBerry® Internet Service is supported and you should be able to download BlackBerry®-supported file types. The maximum size supported is as follows: 1) 2MB for

BlackBerry®-supported document files; 2) 5MB for BlackBerry®-supported media files. When using a BlackBerry® smartphone as a tethered modem for media streaming, using applications or for

downloading content, billing will be in accordance with the applicable rate charge. International roaming is not included.

BlackBerry® 10 BBM™ VAS Usage

The service is designed for use on a BlackBerry® Operating System 10 (OS10) device and it is not compatible with any other handset. On-device usage constitutes access across the Internet APN whilst utilising the service. Utilising the service, customers are able to access to all services that the BlackBerry® 10 smartphone is capable of accessing subject to the Data allowance defined below.

As there will be no handset authentication upon purchasing the service, the onus is on the customer to ensure that his/her handset supports the service prior to purchasing the service. The service will

include a 200MB allowance to be used to access BBM™ text messaging as well as BBM™ file transfer only. Customers that exceed the 200MB allowance will be charged at the prevailing rate applicable

to the customer’s Price Plan. All other BBM™ services including but not limited to BBM™ Voice, BBM™ Video, and Screen Sharing are not included in the allowance. All BBM™ traffic that is not BBM™ text messaging or BBM™ file sharing will be charged at the customers’ prevailing rate. The allowance does not include any non-BBM™ services such as browsing, media streaming and application traffic. The current file transfer limit for BBM™ is 6MB except for voice notes, which are 96KB for single chat and 55KB for multi-person chat.