Vodacom Home Assistance Terms and Conditions

CBU

Vodacom Home Assistance

Terms And Conditions

Services

Home Assistance programme provides assistance to you when you are involved in a home emergency. A home emergency means any sudden, unexpected and/or unforeseen event at your home requiring the immediate and/or urgent services of a domestic tradesman to limit/minimise or prevent further damage to the home.

This benefit is restricted to home emergencies and only applies to your eligible premises/primary place of permanent residence or eligible premises, within the Republic of South Africa and used for domestic purposes, including outbuildings. 

The eligible primary residence is captured at the date of sale.

Emergency Services Notification and Call-out: 

At your request our Assist Call Centre will relay a notification of emergencies to the police, traffic, fire brigade, ambulance, security or any other emergency service provider.

Mobile Notification Services: 

As a member, you will receive an SMS notifying you of the update on your active case. The below details will be sent to your mobile phone after lodging a case: 

  • Name of primary case manager

  • Reference number (ease of calling in and enable anyone of the Assist Agents to intervene or provide further details to the caller member)

  • Once a service provider has been appointed, the responding service provider details will be sent along with the ETA

  • Any changes made to the case (new service provider, additional requests - breakdown, needs a tow, etc.)

  • If there is a shift change, the details of your new case manager will also be sent

*Please note that each benefit will be managed on an individual basis and is highly dependent on traffic, weather and correct information received, i.e. address or area of incident.

Services Rendered: 

The Home Assistance programme shall entail the following emergency services to customers: 

  1. Plumbers

  2. Glaziers

  3. Electricians

  4. Locksmiths

  5. Tree felling

  6. Bee keepers

  7. Pest controllers - borer beetle/ thatch lice/ dust mites/ cockroaches / fleas/ fish moths/ ants/ ticks/ bedbugs/ rodents - ONLY

Benefit excludes maintenance (of any kind)

Plumbers: 

Assistance shall be provided to customers in circumstances where they have requested access to the service where the emergency is any of the following:

  • Visible burst water connections and pipes

  • Blocked drains, toilets, baths and sinks, causing further damage to the home

  • Emergency geyser overflow, valves (Latco and pressure release) causing loss of hot water and pressure-release problems

Glaziers: 

  • Glazier assistance is a 24-hour helpline, offering assistance where a service provider is dispatched to ensure that damaged building glass can be professionally replaced

  • Broken or badly cracked window panes which could result in access to the residence

  • No materials are covered as this is for the clients account (the actual glass, etc. is for the client's account)

Electrician: 

Assistance shall be provided to customers in circumstances where they have requested access to the service where the emergency is any of the following: 

  • Distribution boards, circuits and main cables causing power failure

  • Earth-leakage relays causing power failure

  • Geyser connections and elements causing 100% power failure

  • Plug points causing 100% power failure

  • Light fittings or switches causing 100% power failure

  • Lightning strikes on wiring causing 100 % power failure

  • Multiple burnt connections on wiring or plug points causing 100% power failure

  • Connections to all electrical motors (e.g. electric gate motor) causing 100% power failure

Locksmiths:

  • If keys are broken off or lost for a main entrance or exit of the house (This includes outbuildings)

  • If a person is locked inside the house or any room within the house

Exclusions: 

Burglary incidents (the member will be assisted, but is liable for the cost), and garages, padlocks, replacing of damaged locks (the member will be assisted at his/her own expense), business premises (business premises - only applicable for office assistance)

Additional benefits also included are: 

  • Tree fellers/ bee keepers and pest controllers - paid for up to the per incident limits only and only within day light hours

  • Should a break in occur, security assistance and guarding services will be provided at the members request. This will be for the member's own account

Estimated service times: 

  • Urban areas = average response time is 35 to 80 mins (from time of dispatch - 40km to 100km) with the potential of extended response time on weekends only

  • Rural areas = average response time is 80 - 240 mins (from time of dispatch - in excess of 100km)

For any queries please contact us on 082 17 800

Page Title
Vodacom Home Assistance Terms and Conditions
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Terms and Conditions
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Vodacom Roadside Assistance Terms and Conditions

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Vodacom Roadside Assistance

Terms And Conditions

Services

We will provide immediate access to a team of dedicated case managers, together with a national complement of accredited assistance service providers who will assist with roadside emergencies. This is only applicable when the service is requested through us. Parts and repairs are not included. 

The services include: 

  • Flat battery 

We will arrange to have the vehicle jump started. This service is offered whether the vehicle breaks down at home or on the road. Vehicles under warranty will be towed to the nearest franchise dealer. 

  • Keys locked in vehicle 

We will arrange for a locksmith to open the vehicle and retrieve the car keys. If the locksmith cannot resolve the problem at the scene, additional costs of towing or repairs are not covered. 

  • Flat tyre 

We will arrange to have the tyre changed using the spare tyre. In the event that there is no spare tyre, a tow truck can be arranged for client's account. These services are offered whether the vehicle breaks down at home or on the road. 

  • Run out of fuel 

We will arrange for fuel to be delivered to the client. We will supply up to 10 litres of fuel. This is limited to 1 incident per annum. Additional fuel can be arranged at client's cost.

  • Mechanical and electrical breakdown 

The service provider will tow a vehicle to the nearest franchise dealer (if under warranty) or to the nearest repairer. These services are offered whether your vehicle breaks down at home or on the road. 

  • Storage 

We will arrange, at the client's cost, for the safe storage of the vehicle overnight or weekend where necessary. On the next working day, the vehicle will be relocated to the nearest approved dealer or repairer. Only the first tow covered. Additional tows are for the client's account. 

  • Transmission of urgent messages 

We will relay messages of delay or changed arrangements to a nominated family member, employee or business colleague at a client's request. 

The Roadside Assistance benefits are limited to the specified vehicle and driver whose details are captured at date of sale. The benefits listed under Roadside Assistance are limited to a single incident per annum per benefit type, i.e. one jump start, one tyre change per annum.

For any queries please contact us on 082 17 800

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Vodacom Roadside Assistance Terms and Conditions
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terms, conditions, roadside, assistance
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VodaSure iPhone Screen Cover and Extended Warranty Terms and Conditions

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VodaSure iPhone Screen Cover and Extended Warranty

Terms and Conditions

These are the Terms and Conditions of your VodaSure iPhone Screen Cover and Extended Warranty Plans. It is important that you read and keep this document in a safe place. This extended warranty plan is underwritten by Vodacom Insurance Company (RF) Limited, a registered non-life insurer.

These Terms and Conditions govern the iPhone extended warranty product provided to you by Vodacom Insurance Company (RF) Limited (“hereinafter referred to as we, us and our”) for your Apple iPhone (“Covered Device”) excluding the accessories contained in its original packaging listed on your proof of coverage document purchased from any of our authorized dealers and retailers.

Definitions

  1. “Good-As-New Device (GAN)” means a device that has been re-conditioned, inspected, tested and restored to full working condition.
  2. “Insured Device”, “Covered Device” means the cellphone covered under this Policy.
  3. “Policy” means this agreement between You and Vodacom Insurance Company (RF) Limited.
  4. “Screen” refers to the display or display assembly or LCD or touchscreen components located at the front of the device.
  5. “Vodacom Deal” means the deal entered into between You and Vodacom pursuant to which Your SIM Card is activated by Vodacom and Your device is enabled on the Vodacom cellular telecommunications service and any related services on the Vodacom network.
  6. “Vodacom” means Vodacom (Pty) Ltd
  7. “We”, “Us” refers to the insurer, Vodacom Insurance Company (RF) Limited
  8. “You”, “Your” is the person in whose name the Policy is issued.

Vodacom iPhone Screen Cover and Extended Warranty is only available as part of pre-defined deals. This product cannot be purchased as a standalone offer.

When Coverage Begins and Ends

Your Covered Device comes with a one (1) year warranty from the manufacturer. Therefore, the warranty from date of purchase lies with the manufacturer for the duration of the implied warranty period of twelve (12) months and is subject to the manufacturer Terms and Conditions.

The extended warranty benefit provides a one (1) year extension to the existing warranty, on qualifying Vodacom Deals. This puts your Covered Device under warranty for a period of twenty-four (24) months. The extended warranty automatically comes into effect once the standard twelve (12) month manufacturer warranty expires. Coverage ends twenty-four (24) months from the original date of retail purchase of your Covered Device.

The screen cover benefit comes into effect immediately upon purchase of a device on a qualifying Vodacom Deal. This provides you with cover for a maximum of one screen damage claim over the first twenty-four (24) months taking up the qualifying deal. Coverage ends twenty-four (24) months from the original date of retail purchase of your Covered Device.

What is Covered?

Screen Cover Benefit:

If during the first twenty-four (24) months of your qualifying Vodacom Deal, you submit a valid claim by notifying us that the front Screen of Your Insured Device is cracked or damaged, we will either:

  1. pay the cost of repairs that are specifically related to repairing the screen of your Covered Device, or
  2. exchange the Covered Device with a replacement device that is the same or similar model of the Covered Device, or a GAN device, which may contain new or refurbished parts that are equivalent to new in performance and reliability. If we exchange the Covered Device, the original device becomes our property and the replacement device is your property.

Extended Warranty Benefit:

If during the extended warranty plan period of between twelve (12) to twenty-four (24) months, you submit a valid claim by notifying us that a defect in materials and workmanship has arisen in the Covered Device, we will either:

  1. repair the defect, using new or refurbished parts that are equivalent to new in performance and reliability, or
  2. exchange the Covered Device with a replacement device that is the same or similar model of the Covered Device, or a GAN device, which may contain new or refurbished parts that are equivalent to new in performance and reliability. If we exchange the Covered Device, the original device becomes our property and the replacement device is your property, with coverage for the remaining period of the extended warranty plan.

What is NOT Covered?

Screen Cover Benefit:

  1. We will not pay out if Your device is stolen or lost.
  2. We will not pay out for any repairs to the Screen if there is any liquid damage to the insured device
  3. We will not pay for any additional accessories, cover is limited to the screen of the device.
  4. We will not pay for any other repairs to the device except for the repairs to the front Screen, whether the other repair is related to the cracked/damaged Screen or not. You will have to pay for the cost of such repairs.
  5. We will not pay for a Screen repair if the device will not be in a working condition after the screen is repaired/replaced.
  6. We will not cover You for any repairs covered under the device manufacturer warranty;
  7. We will not pay for normal wear and tear, including scratches;

Extended Warranty Benefit:

  1. This benefit does not apply to a Covered Device that has been physically damaged, lost or stolen.
  2. This benefit does not apply to accidental or physical damage to the Covered Device, including but not limited to liquid damage.
  3. This benefit does not apply to preventative maintenance on the Covered Device.
  4. This benefit does not apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product.
  5. This benefit does not apply when operating the Covered Device outside the permitted or intended uses described by the manufacturer.
  6. This benefit does not apply to damage caused by disassembling, repairs or services performed on the Covered Device (including upgrades and expansions) if such was performed by anyone who is not an authorised Vodacom Repairer or technician;
  7. This benefit does not apply to a device with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.

How to Claim

All claims must be submitted to Us in writing within 30(thirty) days of the incident. Claim forms are available at any Vodacom shop or can be accessed on our website at www.vodacom.co.za/insurance. You can also call Us on 082 1952. All completed claim forms must be emailed to: [email protected]

The Covered Device must be taken to a Vodacom Repairs outlet in order to be assessed.

You may be required to provide an explanation of where and when the event occurred with a detailed description of the actual event.

The Vodacom Repairs technical staff have all been fully trained in accordance with the requirements laid down by the manufacturer, as well as on the GSM technical and manufacturers testing equipment and on the software upgrade systems.

In the event that the claim is approved We will reimburse the authorised repair centre directly for the value of the repairs. No payment will be made directly to You.

In certain circumstances, based on the value of the repair and/or the standard Vodacom repair process the fulfilment of the claim may result in the device being replaced instead of repaired. This replacement device will be a GAN device of the same or similar type and will be done at Our discretion.

If You are given a replacement device, the damaged device becomes Our property and must be handed to the authorised repair centre that provided Your replacement device.

In the event of your claim being the subject of a dispute or is rejected by us, you may make representation to us by calling 082135 or by sending an email to [email protected] . If you are still dissatisfied with the outcome of your claim, you are entitled to approach the Short Term Insurance Ombudsman at:

You have 90 (ninety) days from the date of receipt of the notice of rejection or dispute from us to lodge such representation. In the event of a dispute being unresolved You must take legal action by way of summons against Us within 180 (one-hundred-and-eighty) days after expiry of the initial 90 (ninety) day period, failing which You will forfeit Your claim and no liability can arise in terms of such a claim.

Should you fail to collect a device which has been repaired within 60 (sixty) days from date of booking in the Covered Device for repair, you will forfeit the claim and the device will be sold or returned to stock to defray expenses.

What do You pay when You claim?

A claim will be denied if you fail to pay the fees related to the claim as outlined below.

Screen Cover Claim:

You will be required to pay an excess of R1600 upon a successful claim.

Extended Warranty Claim:

You will be required to pay a excess fee of R750 upon a successful claim.

Misrepresentation, non-disclosure or false declaration

Any material misrepresentation, non-disclosure or false declaration shall render the Policy as a whole, voidable from date of inception at the instance of the insurer. In such an event:

  • You will be liable to reimburse any amounts paid to you under this plan to us; and
  • We will not be obliged to pay any claim lodged under this plan.

If there are false declarations made at the time of claiming which results in fraud, all benefits under this plan shall be forfeited and your plan will be cancelled with immediate effect.

Your Responsibilities

To receive service or support under these benefits, you agree to comply with each of the terms listed below.

  1. You will provide a copy of your Covered Device’s original proof of purchase, if requested.
  2. You will provide information about the symptoms and causes of the issues with the Covered Device.
  3. You will respond to requests for information, including but not limited to the Covered Device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Device, any error messages displayed, the actions which were taken before the Covered Device experienced the issue and the steps taken to resolve the issue.
  4. You will update software to currently published releases prior to seeking service.
  5. You will make sure to backup software and data residing on the Covered Device. During hardware service, we may delete the contents of the covered device and reformat the storage media.
  6. Third party applications installed on the Covered Device may not be compatible or work with the Device as a result of the iOS update. You will be responsible for reinstalling all other software programs.

Limitation of Liability

To the maximum extent permitted by applicable law, Vodacom and its employees and agents will under no circumstances be liable to you or any subsequent owner for any indirect or consequential damages, including, but not limited to costs of recovering, reprogramming, or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from Vodacom’s obligations under this extended warranty plan. To the maximum extent permitted by applicable law, the limit of Vodacom and its employees and agent’s liability to you, and any subsequent owner shall not exceed the original price paid for the Covered Device. Vodacom specifically does not warrant that it will be able to (i) repair or replace covered equipment without risk to or loss of programs or data, and (ii) maintain the confidentiality of data.

Transfer of Plan

You may not transfer this extended warranty plan to another device, unless the device was replaced under this plan. In which case, we will automatically transfer the benefits to the new Covered Device.

Premiums

The iPhone Screen Cover and Extended Warranty benefits are at no additional cost to You however, if Your Subscriber Agreement goes into arrears, Your screen cover and extended warranty covers may be impacted and may be terminated. Vodacom will inform You when Your Subscriber Agreement goes into arrears.

Cancellations

All cancellation requests must be made in writing to [email protected] or by calling Us on 082 1952. Your cover will automatically terminate if:

  • You have reached the end of the twenty-four (24) month period, or
  • Your Subscriber Agreement goes into arrears, or
  • Your Vodacom Deal is terminated, cancelled, or suspended for any reason, or
  • You have reached the maximum claim limit.

We have the right to cancel Your covers, either in writing or telephonically anytime.

Complaints & Queries

We appreciate you as a client, so if at any point you are unhappy with any aspect of our service or the benefit offering, please give us a chance to resolve the matter. To ensure our focused attention, please use the following contact details if you have any query or complaint about this extended warranty plan: Call: 082135

Confidentiality and sharing of information

By taking out this extended warranty plan, you hereby authorize Vodacom Insurance Company (RF) Ltd to obtain personal information from you, and when required, to share it with our third party service providers for the purposes of providing the services and benefits to which this Policy relates.

Your personal information will be stored, processed and used only by our service providers to the extent that is necessary to provide the contracted services. Please refer to our privacy notice on the Vodacom website for a description of how we process your personal information.

PRIVACY NOTICE

Scope

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

Personal Information Collected

· Vodacom only collects personal information required to enter into an insurance agreement, and provide the related services in relation to the agreement;

· Information collected by Vodacom includes, Name and Surname, Identity Number, Contact Number, Email Address, Bank Account Number and Policy Agreement Number.

· Vodacom does not obtain additional personal information from other sources, without your express consent.

Uses and Sharing

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

· Vodacom will use the personal information you provide only for purposes consistent with the reason you provided it;

· Vodacom does not share your personal information with other marketers unless Vodacom have obtained your explicit consent. If you do not provide your consent, Vodacom will not share your personal information;

· When Vodacom provides personal information to companies that perform services on our behalf, Vodacom require those companies to handle the personal information in accordance with our full privacy notice, as well as applicable privacy legislation. These companies cannot use your personal information for any other purpose than the reason you provided it to us.

Your Rights

· You may access personal information that Vodacom holds about you. You can ask us to correct any errors or delete the personal information Vodacom have about you;

· You may opt-out of any marketing messages or further contact from us;

· To protect your privacy, Vodacom may have to verify your identity before Vodacom can give you access to, or change, personal information about you.
Page Title
VodaSure iPhone Screen Cover and Extended Warranty
Keywords
VodaSure iPhone Screen Cover, VodaSure, iPhone Screen Cover, Extended Warranty
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Terms and Conditions
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Vodacom VodaBucks Loyalty Terms and Conditions

CBU

Vodacom VodaBucks Loyalty Terms & Conditions

Terms & Conditions

It is important to note that the below features are not an exhaustive list of terms and conditions that will govern the VodaBucks loyalty scheme.

  1. Every Vodacom consumer (including prepaid, hybrid and postpaid) will receive a minimum of one daily "Shake" free of charge which can be used by consumers to win a multitude of prizes.
  2. The free "Shake" is a game of chance with parameters governed by Vodacom.
  3. Eligibility for the free "Shake" is for Vodacom consumers only who have opted into the Vodacom Loyalty platform
  4. There are no costs or charges associated with the daily free "Shake".
  5. Consumers who have already opted in as part of the Vodacom ShakuUp Summer Campaign will not be required to opt in again.
    1. VodaBucks balance that is available by 31 May 2020 will be revalued
    2. New balances to reflect in 1 August 2020
    3. All migrated VodaBucks into the new scheme will adopt 12 months validity from the date of banking
    4. Any new VodaBucks earned on the new scheme (effectively from the 1 August 2020) must be banked in line with the banking rules
  6. Consumers will be able to earn "VodaBucks" with which consumers may interact with certain digital storefronts or other value features introduced by Vodacom.
  7. The choice of products, as well as the different storefronts where VodaBucks can be used to transact with, remain at the discretion of Vodacom. For any avoidance of doubt, VodaBucks will be redeemed across the following channels:
    1. Mega Shake (randomly allocated)
    2. VodaBucks Store
      1. USSD - voice, data, SMS and integrated bundles plus 3rd Party Vouchers
      2. The Vodapay App- voice, data, SMS and integrated bundles plus Vouchers plus all lifestyle categories
      3. Free Shake - where customers use their VodaBucks for a free daily shake (up to 5x Shakes per day)
  8. Rewards and prizes being made available to consumers will be at the discretion of Vodacom.
  9. The amount of VodaBucks required to purchase a specific reward or item will be set at the discretion of Vodacom.
  10. A Prepaid consumer will earn 1 VodaBuck for every R10 spent with Vodacom
  11. Prepaid consumers will earn VodaBucks on every voice, data or integrated bundle purchased from Vodacom.
    1.  Allocation of VodaBucks will be on 1st purchases as such conversion or transfer of airtime to bundles will not see any allocation since the allocation will be on the airtime recharge
    2. Integrated bundles and data purchases will see allocation of VodaBucks
    3. Prepaid consumers will earn VodaBucks instantly as they recharge
    4. Earn on other behaviours will see all VodaBucks being allocated no later than 72 hours to accommodate non-real time allocations as well as for instances where we allow payment to reflect accordingly
  12. Postpaid consumers will earn VodaBucks on the successful payment of their monthly bill to the amount of 1 VodaBuck for every R10 of money successfully collected from the monthly bill
    1. The bill settlement referenced above is on mobile spend
    2. VodaBucks allocation for postpaid consumers will happen once a month upon successful bill payment.
    3. Fixed & Cloud Service revenue will be excluded for all Vodacom Business corporate account - only mobile spend will see allocation of VodaBucks
    4. All credit/debit card purchases will be allocated instantly
    5. In case of credit or debit card purchases, the number that receives the bundle allocation will receive the VodaBucks allocation instantly
    6. All add-to-bill purchases will be allocated as part of month-end allocation based on bill settlement
    7. Postpaid consumers will also be able to earn VodaBucks on J4U bundle purchases upon the successful payment of the bill - so this will form part of monthly allocation based on bill settlement
  13. Hybrid consumers will also earn VodaBucks on any direct purchases through credit and debit cards and other non-traditional means of consuming core products and services (behaviours)
    1. The bill settlement referenced above is on mobile spend
    2. VodaBucks allocation for Hybrid consumers will happen once a month upon successful bill payment on the in bundle usage and instantly on all out of bundle purchases paid via credit/debit card.
    3. Fixed & Cloud Service revenue will be excluded for all Vodacom Business corporate account - only mobile spend will see allocation of VodaBucks
    4. All credit/debit card purchases will be allocated instantly
    5. In case of credit or debit card purchases, the number that receives the bundle allocation will receive the VodaBucks allocation instantly
    6. All add-to-bill purchases will be allocated as part of month-end allocation based on bill settlement
    7. Hybrid consumers will also be able to earn VodaBucks on J4U bundle purchases upon the successful payment of the bill - so this will form part of monthly allocation based on bill settlement
  14. Earning on behavioural (non-transactional) goals will be allocated instantly for Postpaid & Hybrid consumers, barring any system delays all behavioural allocation will happen within 72 hours
  15. In addition to the above, consumers will be able to earn extra VodaBucks through a set of behaviours and goals. The terms of the goals presented to consumers will be clearly defined with the corresponding amount of VodaBucks that will be added to the consumer VodaBucks wallet
  16. Relating to the personalized goals presented to consumers: the target-time-of-completion, goal type and goal amount, where applicable, will be personalized to consumers who will need to add the goals to their current goal set through an explicit action.
  17. Additional possibilities for consumers to earn VodaBucks remain at the discretion of Vodacom and will be personalized to consumers.
  18. Consumers will need to bank newly earned VodaBucks through the "VodaBucks Banking" feature on a monthly basis
    1. Banking will be required on the last day of every week
    2. 2x wallets will be presented to consumers - banked and unbanked balance
  19. Only "Banked VodaBucks" may be used to transact within the different allowed store offers.
  20. There will be a PrescribedMaximum Banking Interval (PMBI) which will be consistent for all consumers every week (Fridays). Consumers will be required to perform the "banking" of newly earned VodaBucks within the PMBI or the newly earned VodaBucks will be forfeited / the wallet will be reset. The banking can seamlessly be done every day however Friday mid-night will be the cut off for banking
  21. The initial scheme PMBI will be set to 7 days (every Friday), requiring consumers to perform the banking of newly earned VodaBucks every Friday or daily within the 7 days (weekly basis).
    1. Customers will be required to bank all the time
    2. Once banked - expiry rules will apply (12 months)
  22. In the event that a consumer does not bank within the PMBI, all VodaBucks earned within that weekly cycle will be reset.
  23. Our rewards cycle runs from Saturday-Friday and consumers can Bank their Bucks as often as they like during the week. Consumers are to ensure that they bank what they have earned in the weekly cycle before the Friday midnight cut-off. After this, any unbanked bucks expire.
    1. App to send out push notification every Wednesday & Friday to remind consumers to bank their VodaBucks.
    2. A twice a week campaign will be required to ensure that consumers are reminded to bank accordingly as well as to drive brand entrenchment
  24. VodaBucks will be valid for a period of twelve (12) full months from the banking event. This means that VodaBucks will be accumulated for a period of 12 months before the initial tranche of banked VodaBucks expires.
    1. If you bank on Friday 14th 2020 your banked VodaBucks will be eligible until midnight of the 13th February 2021.
  25. For Postpaid consumers, allocation of VodaBucks should happen every  month based on the bill cycle for each customer to allow them to bank effectively the next Friday, however will be afforded sufficient time to bank accordingly
  26. The order of consumption governing the redemption of VodaBucks will follow a "first-in / first-out method" giving consumers maximum value of accumulated VodaBucks.
  27. Clear and concise notifications will be made to consumers 7 days prior to the expiration of VodaBucks through:
    1. Outbound SMS,
    2. App notifications
    3. VodaBucks portal available on USSD
    4. The Vodapay App.
  28. Clear and concise notifications will be made to consumers 7 days prior to the reset for them to bank their VodaBucks through:
    1. Outbound SMS,
    2. App notifications and through the
    3. VodaBucks portal available on USSD and on the
    4. The Vodapay App
    5. VodaBucks Store banner
  29. Consumers may burn VodaBucks on an additional game of chance, the Mega Shake. The new Mega Shake will have a:
    1. No-win category,
    2. Will promote a game of chance.
    3. Prizes are not guaranteed.
  30. Mega Shake will require a consumer to spend an amount - of VodaBucks - set by Vodacom to get access to the game of chance
  31. There will be at least a couple of storefront where consumers may purchase goods and services with their VodaBucks, Primary store called the "VodaBucks Store". This store will be governed by additional and subsequent terms and conditions.
  32. Additional storefronts where VodaBucks could be utilized include USSD and the Vodapay App as partial payment methods.
    1. Mega Shake - exchange of VodaBucks in a game of chance
    2. USSD channel with voice, data, SMS and integrated bundles & 3rd Party Vouchers(2nd Release) only
    3. Purchases of extra shake
  33. Consumers will be able to purchase products and services through different payment methods
  34. Payment methods within the VodaBucks e-store will include:
    1. Credit card payments,
    2. add-to-bill
    3. airtime (on GSM purchases only),
    4. Airtime Advance
    5. VodaBucks, as well as the
    6. VodaBucks Store Voucher/Promo Code
  35. Partial payments are allowed within the store, but will be governed by the discretion of Vodacom (i.e. - payment options of products and services within the VodaBucks Store remain at the discretion of Vodacom, with the only universal payment option being VodaBucks).
    1. VodaBucks combination with cash/credit or cheque payment will always be presented
    2. Consumers cannot decide how much VodaBucks & cash combination they want to opt for
  36. Consumers will be able to redeem VodaBucks on selected items in the storefront at a redemption rate set by Vodacom at the point of transacting
  37. Postpaid consumers will be able to redeem VodaBucks on Lifestyle rewards. The redemption rate, will be set by Vodacom at the time of transacting.
  38. There will be a multitude of products sold through the store, which includes, but not limited to, voice, data and integrated bundles; goods and services; experiences; travel and holidays.
Page Title
Vodacom Loyalty Program
Keywords
Vodacom Loyalty Program
Weight
0
Page Category
Terms and Conditions
Page URL
/vodacom/terms/vodacom-loyalty-program

Orlando Pirates or Kaizer Chiefs Stand Competition Terms And Conditions

CBU

Orlando Pirates and Kaizer Chiefs Stand Tickets Competition/s

Terms and Conditions

Vodacom (Pty) Ltd (“Vodacom”) is running the Orlando Pirates and Kaizer Chiefs Stand Tickets Competition/s for the 2025/26 season (the “Competition/s” as relevant) on Vodacom’s official social media platforms.  

These are the Standard Competition Terms and Conditions  and comprise Part A (which contains the Competition-specific information) and Part B (which contains general terms and conditions that apply to all competitions). In the event of any conflict, the terms and conditions of Part B prevail.

By entering and/or participating in this Competition, entrants/participants opt into, agree, and consent to be bound by the Terms and Conditions (comprising Part A and Part B) stated below.

Part A: Competition-Specific Terms and Conditions

Competition Duration

  1. The Competition period/duration is from:
    • Start date: 09h00, Tuesday 1 July 2025,
    • End date: 23h59, Sunday 31 May 2026.
  2. Prize Draws are fixture-related and will be done before the relevant match for each Competition within the 2025/26 season or as communicated via social media platforms.

Competition Prize/s

  1. The Competition Prize is: The winner(s) will receive stand tickets to the relevant fixture as promoted on Vodacom social media and digital platforms – and to either attend an Orlando Pirates or Kaizer Chiefs fixture/match unless otherwise advertised on social media channels.
    • Total number of Prizes: The total number of tickets will be determined for each fixture.
    • Value of the Prize(s) (per Prize): between R 40 – R200 (between forty Rand and two hundred Rand, depending on the fixture and organisers)
    • Not transferable and not exchangeable or refundable.
    • Prize exclusions: Any and all costs that the individual may incur to attend the match. Excludes any fixtures outside of South Africa.

Eligibility

  1. The Competition is open to Vodacom customers, who have been Vodacom customers for an uninterrupted period of 24 (twenty-four) months or longer, and who entered via Vodacom and/or other third-party social media and digital platforms, who completed the competition form, or other stipulated requirements for entry as specified for the Competition.
  2. Participants are allowed to enter a Competition once per day during the Competition period or as specified in the relevant social media campaign posts.

Prize Delivery

  1. The Prize delivery for this specific Competition will be the delivery of tickets sent electronically via email or physical delivery, as contemplated in clauses 34 and/or 36

Part B: General Competition Terms and Conditions

In addition to the Specific Competition Terms and Conditions outlined in Part A above, the following General Terms and Conditions apply to the Competition.

Duration

  1. The duration of the Competition (as stipulated in Part A above) may be extended, curtailed or cancelled at the discretion of Vodacom.

Prize

  1. Vodacom has the right to change the type and quantity of prize/s (described in Part A above) or to substitute it at their discretion, and Vodacom has the right to determine the value of the Prize/s.

Eligibility

  1. Only entries received during the Competition period (as stipulated in clause 1 in Part A above) will qualify as potential winners.
  2. The Competition is only open to natural persons. Entries received from business accounts held by legal persons (amongst other Corporates and SMEs, etc.) are excluded and disqualified from participating and winning in the Competition.
  3. Any entrant/participant under the age of 18 shall present their parent/guardian’s written consent to enter the Competition at Vodacom’s request.
  4. Only entrants/participants who are using SIM cards that have been RICA registered are eligible to win the Competition. Each owner of a SIM card(s) is responsible for complying with South African law by RICA registering their SIM cards.
  5. Unless otherwise stipulated, employees, directors and agents of Vodacom and all participating stores, their immediate families, life partners, business partners and associates, and any person directly involved with the sponsoring, devising, production, management, or marketing of this Competition are not eligible to participate in this Competition.
  6. Entrants/participants must reside in South Africa and be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 3 (three) months for the Republic of South Africa and valid for the Competition duration, and provide a copy of such an identity document to Vodacom on request - failing which eligibility to win is forfeited.
  7. Entrants/participants are only eligible if they have not won a Vodacom competition during 6 (six) months preceding this Competition. The 6 (six) months calculation will start from the date that Vodacom fulfilled the Prize in the preceding Competition.
  8. In the event that the user of the mobile phone (i.e., the entrant/participant in the Competition) is not the person that is responsible for payment of the participating mobile phone account/ charges, then the Prize will be awarded to the person that is responsible for payment of the participating mobile phone account/ charges.
  9. Vodacom customers who are not in good standing with Vodacom, or are involved in any legal process with Vodacom, or are in arrears with their accounts are not eligible for this Competition.

Valid Entry

  1. A Valid Entry must comply with the stipulated Competition requirements, including following the stated prompts (including on social media or other platforms) or completing the required entry forms.
  2. Qualifying entrants/participants must complete all the required information on the Competition entry form or platform, which can be found via Vodacom’s various social media platforms during the period of this Competition.
  3. Responses directly or via direct messages on any social media platform will not be considered valid entries.
  4. Only correct answers or a correct sequence of answers will be accepted and eligible to be selected as a winner at Vodacom’s discretion.
  5. Unless otherwise stipulated in or required by the entry requirements, there are no additional charges for participating in the Competition. In respect of online entries, standard data costs may apply to uploading a valid entry online, as may be applicable. Standard data costs apply as per the user’s Service Provider and existing price plan for data usage and are subject to the applicable Terms and Conditions of that service.
  6. Vodacom shall not be liable for any costs incurred by the winners for entering the Competition or claiming any prizes. 
  7. Data transfer speeds are not guaranteed and are dependent on network availability and utilisation.
  8. Vodacom (or its Agent) retains the right to determine, at its sole discretion, if entrants/participants meet the stipulated eligibility criteria, criteria for a valid entry, competition requirements, and are eligible to win a prize based on the Competition requirements.

Prize Draw

  1. The winners of the Prize will be randomly selected from all eligible entries who meet all the requirements set out in these Terms and Conditions, and will be selected at Vodacom’s discretion.
  2. The verified winners will be notified within (2) two days after he/she has been selected and verified as a winner or within one (1) hour after being selected and verified as a winner.
  3. The decision of the judges (who draw the prizes or decide the winners, as appointed by Vodacom at its sole discretion) on any aspect of the Competition, including the award or allocation of the Prizes, will be final and binding and no correspondence will be entered into.

Winner Validation

  1. All the information provided or related to this Competition shall be managed, captured, and approved by Vodacom.
  2. Vodacom will share personal details of the respective winners, such as name and contact number, with a Vodacom-approved third-party agency, Openfield Marketing, who will notify the respective winners that they have won in the Competition, and by participating in the Competition, entrants/participants agree to and accept such disclosure as is necessary to effect Prize fulfilment.
  3. Vodacom and Openfield Marketing will use reasonable efforts to contact the winners via direct messaging on their social media profile, email, or telephonically as may be applicable on the contact details provided by the entrants/participants to participate in the Competition.
  4. Vodacom and Openfield Marketing shall attempt to contact the winners for a period of 2 (two) normal working weekdays after their names have been drawn and verified as winners. The winners will be contacted during normal working hours, between 8 (eight) in the morning and 5 (five) in the afternoon. Winners will be advised of arrangements in respect of Prizes at the time of contacting the selected winners.
  5. Should an entrant/participant not be available on the contact details provided during the timeframe stipulated above or rejects, forfeit, or decline acceptance of the Prize, that person’s right to the Prize will be deemed to have been waived, and the Prize will be forfeited. Vodacom reserves the right to then award the Prize to the next randomly drawn entrant/participant.
  6. The claim for any Prize will be subject to security and validation, and Vodacom reserves the right to withhold any Prize until it is satisfied that the claim by a particular winner is valid. The selected winners must be able to identify themselves, in a manner determined by Vodacom, as the qualifying entrants/participants to the Competition and have to comply with the required validation procedure, determined by Vodacom, in order to claim any Prizes, failing which such winner will forfeit the Prize and the Prize will be awarded to the next selected qualifying entrant.
  7. Notwithstanding the fact that the Prizes vest in the winners immediately upon the determination of the results, in the event that the required documentation from a particular winner has not been received at the agreed cut-off date communicated to the winner, or no effort is made on the part of any of the winners to make special arrangements to meet the deadline set by Vodacom, such Prize will be forfeited. Vodacom then reserves the right to award the Prize to the finalist that is next in line.
  8. The winners’ name and location may be displayed on www.vodacom.co.za/competition_winners after a period of 2 (two) working days subsequent.
  9. Vodacom shall request the winner’s/winners (as may be applicable) consent in writing to their image and/or likeness being used and published by Vodacom in connection with the Competition for a period of 12 (twelve) months after they have been announced as the winner. The winner may decline the use of their image and/or likeness by Vodacom.

Prize Delivery

  1. The following general conditions apply to the delivery of Prizes, unless otherwise indicated in Part A above.
  2. Vodacom and/or its Agent will determine the mode of Prize delivery at its discretion.
  3. In the event of a Prize requiring physical delivery - delivery will take place via courier at dates, times and places agreed to between Openfield and the winner(s). The winner must provide a correct address for delivery. Delivery may only be possible during weekdays (Monday – Friday) between 09h00 – 17h00, and not on Saturdays, Sundays, and public holidays. If the winner is not home for courier or delivery, or the address cannot be found, the winner will be offered one more opportunity to provide an accessible address for delivery and to be available for such delivery; if delivery is still not possible, the Prize will be forfeited.
  4. In the event of a Prize requiring physical collection – Vodacom or Openfield Marketing will communicate the address and location where and hours when the Prize can be collected by the winner(s). Neither Vodacom nor Openfield shall be held liable should the winner(s) be unable to collect the Prize. Prize/s must be collected by the winner/s within 10 (ten) working/business days from the announcement and notification of the winners, failing which the Prize will be forfeited.
  5. In the event that a Prize can be sent electronically via email, a valid email address must be provided by the winner. If Vodacom or Openfield has sent the email containing the electronic Prize to the email address provided, delivery thereof will be deemed to have taken place. Neither Vodacom nor Openfield will be held liable if delivery to such an email address fails or if the winner is unable to retrieve the email or Prize as sent to such email.
  6. In the event of data and/or airtime Prizes, all data Prizes will be allocated to the winners within seven (7) working days after the competition days after the competition winner(s) have been confirmed and the winner(s) details have been confirmed, including the Vodacom MSISDN (cell phone number) that the data and/or airtime must be transferred to.
  7. In the event of a cash Prize, the cash Prize will be transferred via EFT (electronic funds transfer) to the winner within seven (7) working days after the competition winner(s) have been confirmed and the winner(s) banking details confirmed by receiving proof of banking details and identification.
  8. In the event of a Prize being an award on the VodaPay App, the winner must download the App and register on the App. Vodacom can only transfer money into the VodaPay wallet if the the winner has downloaded the App and registered on it. The cash Prize will be transferred into the winner’s VodaPay wallet within seven (7) working days after confirmation by the winner of their VodaPay details. Should the winner fail to meet the criteria for a period of ten (10) working days, the Prize will be forfeited.
  9. Should Vodacom or Openfield not be able to fulfil their obligation in delivering the Prize(s) to the winner(s), for whatsoever reason, including due to lack of accurate information provided by the winner(s) or the winner(s) inability to receive the Prize, the Prize will be forfeited.
  10. In order to effect arrangements required for the Prize fulfilment in terms of this Competition, Vodacom will share personal details of the respective winners, such as name and surname, and contact number, with a Vodacom-approved third agency, Openfield Marketing, for distribution of the Prize items, and by participating in the Competition, entrants/participants agree to such disclosure as is necessary to effect Prize fulfilment.
  11. If a winner cannot accept a Prize for any reason whatsoever, or if Vodacom or Openfield are unable to deliver the Prize (including for the reasons mentioned above), the Prize will be awarded to the next selected entrant.
  12. All risks and ownership of the Prizes shall pass to the winners on transfer/delivery thereof, and all of Vodacom’s obligations regarding the Competition and Prizes shall terminate.

Prizes are not transferable and right of admission is reserved

  1. No Prize is transferable or exchangeable and may not be redeemed by, transferred, or given to another person.
  2. No Prize can be redeemed for cash and may not be sold.
  3. Vodacom will not transfer, allocate, or assign a Prize to someone else if requested by the winner.
  4. Where a Prize is for an event(s) and / or experience(s):
    • It is restricted to the winner(s) of the Prize only. No additional guests will be allowed to enter or have access to the event(s) and / or experience(s);
    • Right of Admission to the event(s) and experience(s) is reserved by Vodacom, its Agent’s or Partners in respect of the event or experience;
    • Vodacom (including its Agent’s or Partners in respect of the event or experience) reserves the right to have a winner (and their partner and / or guest) removed from an event at any time should the behaviour or language of such winner or guest, at the discretion of Vodacom (its Agent’s or Partners in respect of the event or experience), be considered to constitute harassment or be inappropriate, including behaviour or language that is discriminatory or hateful on grounds such as race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth; and
    • Vodacom (including its Agent’s or Partners in respect of the event or experience) reserves the right to remove any winners (and their partner and / or guest) from an event at any time should their behaviour be considered to be dangerous to themselves or any other person or contravening any applicable health and safety requirements.

Undertakings, limitation of liability and indemnification

  1. Event(s) and/or experience(s), to which the Competition Prize relates, may be hosted by third parties (for example, at sport stadia, theatres, convention or other centres owned by other entities). Winner(s) agree to comply with the rules and regulations applicable to events held at such premises upon entry, and as may be stipulated by the owners of such premises.
  2. Entry to any events, experiences, and venues in respect of which Vodacom may give away prizes as part of competitions on its platforms, are bound and regulated by specific event or venue-related rules and regulations, which may be determined by event or venue owners or relevant governing bodies. By participating in this competition, Competition Participants:
    • acknowledge and agree that they are bound by such event, experience, or venue rules upon entry to such premises, event or experience;
    • undertake to adhere to and comply with any and all reasonable event, experience, or venue rules and/or regulations; and
    • indemnify Vodacom, its agents, or employees from any liability associated with Competition participants/winners failure to adhere to such rules and regulations and any damages that occur as a result.
  3. Vodacom, its associated companies, partners, agents, contractors, sponsors, and personnel involved in or associated with the Competition, or a related event or experience shall not be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the Competition, from claiming the Prize, or attending an event or experience forming part of the Prize.
  4. Vodacom (including its Agent’s or Partners in respect of the event or experience) is not liable for any technical failures affecting participation and/or Prize redemption process of the Competition. In addition, neither Vodacom nor its agents shall be responsible for any loss or misdirected entries, including entries that were not received due to any failure of hardware, software, or other computer or technical systems affecting participating in and/or the Prize redemption process of the Competition.
  5. Vodacom (including its Agent’s or Partners in respect of the event or experience) cannot and will not be held liable should it be impossible for it to deliver the Prize or to fully perform, execute or fulfil the Prize. Should the Prize be linked to a specific fixture, match, event or experience, and should that specific fixture, match, event, or experience be cancelled, interrupted, postponed, or otherwise affected by events or factors outside of Vodacom’s control or at Vodacom’s discretion, Vodacom cannot be held liable for the fulfilment of the Prize or be required to provide an equivalent or replacement Prize.
  6. Vodacom, its directors, employees, agents and distributors are not responsible for any misrepresentation (whether written or verbal) in respect of any Prize nor in respect of any warranties, guarantees or undertakings given by any person other than Vodacom itself.

Personal information and permission to receive marketing and promotional information

  1. User data collected via the Competition will not be used for any other purpose than for the execution of the Competition and/or for the sharing of related marketing and promotional information.
  2. User data collected via entry for this Competition will be stored for as long as it is legally required to and in accordance with Vodacom’s Privacy Policy, http://www.vodacom.co.za/vodacom/terms/privacy-policy.
  3. By entering this Competition, entrants/participants give Vodacom permission to send them marketing or promotional information about Vodacom products, services and other Competitions, and consent to their name, contact number, and/or email address being shared with official Partner/s in the campaign to which the Competition relates, for marketing or promotional purposes.
  4. The entrant(s) will be given the option to opt out of receiving marketing or promotional information via the platform from which they receive such information.

General

  1. Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the entrant/participant or the promoter in terms of the Consumer Protection Act, 68 of 2008 (“CPA”).
  2. The decision of the judges (who decide the winners, as appointed by Vodacom at its sole discretion) on any aspect of the Competition, including the allocation of the Prizes, will be final and binding and no correspondence will be entered into.
  3. In the event of a dispute in regard to any aspect of the Competition and/or the Terms and Conditions, Vodacom’s decision will be final, and binding, and no correspondence will be entered into.
  4. Vodacom may, at its discretion, refuse to award a Prize if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices.
  5. Vodacom (or its Agent) is entitled in its entire discretion to disqualify any entrant/participant for any reason and will not be obliged to notify entrants/participants of such disqualification.
  6. If Vodacom is required by law to alter or cancel any aspect of the Competition or to terminate it as a result of changes in legislation, or for any reason whatsoever, it will have the right to terminate the Competition being offered, with immediate effect and without notice. In such event, all entrants/participants waive any rights they may have against Vodacom and its associated companies, agents, contractors, official Partners and/or sponsors.
  7. All information relating to the Competition which is published on any marketing material will form part of these Terms and Conditions. In the event of any conflict between such marketing material and these Terms and Conditions, these Terms and Conditions shall prevail.
  8. The Competition is also subject to and must be read in conjunction with, Vodacom’s existing terms and conditions applicable to its website and mobile site, respectively: https://www.vodacom.co.za/vodacom/terms/website-terms-and-conditions
Page Description
Orlando Pirates and Kaizer Chiefs Stand Tickets Competition/s for the 2025/26 season (the “Competition/s” as relevant) on Vodacom’s official social media platforms.
Page Title
Orlando Pirates and Kaizer Chiefs Stand Tickets - Competition | Vodacom
Keywords
Orlando Pirates, Kaizer Chiefs, Orlando Pirates or Kaizer Chiefs
Weight
0
Page Category
Promotions
Terms and Conditions
Page URL
/vodacom/terms/competition/orlando-pirates-and-kaizer-chiefs-stand

Amazon Prime Terms and Conditions

CBU

Prime Video Offer

Terms and Conditions:

1. These terms and conditions govern the relationship between you, Vodacom and its affiliates (“Vodacom”) and Amazon. Com Services LLC (“Amazon”) (together “Us” or “We”) regarding the Prime Video Offer including promotional offers and related features (the “Service”). Use of the Service is also governed bythe Privacy Policy which is incorporated herein by reference. These terms and conditions for the Service shall be read together with the Prime Video Terms and Conditions available at: https://www.primevideo.com/help/ref=atv_hp_cnt?nodeId=202095490, together referred to as the (“Terms and Conditions”).

2. The Prime Video Data offer provides you with data to stream or to sync and/or to access the Prime Video application and Prime Video service on www.primevideo.com, (“URL”) when you subscribe to the Service. By subscribing to the Service you agree to the Terms and Conditions.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS:

3. Vodacom and Amazon are the providers of the Service and the Prime Video Offer (set out in paragraphs 5 and 20 below) in its various formats accessible via mobile devices.Please read these Terms and Conditions and thePrivacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions.If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the Vodacom and/or Prime Video website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.

General:

4. As a user of the Service, you will subscribe for this Service on a recurring basis, making you a paying user (“Subscribed”). As a Subscribed user, you will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law and the Privacy Policy incorporated by reference into and form a binding part of these Terms and Conditions. If you do not agree with our Terms and Conditions, please do not provide us with any personal information, and please do not use the Service.

5. By being Subscribed, you agree to the following additional rules upon successful initial registration for the Service:

6. You will be charged the following subscription fees for the Service (including VAT):

6.1. Prime Video, R79,00 deal:

  • R79,00 (including VAT) per month; and

or

6.2. Prime Video Mobile Edition (12 months promotional period R59,00 deal:

  • R59,00 (including VAT) per month; and
  • first 12 (twelve) months free, thereafter you will automatically be billed R59,00 per month; and
  • 3GB Prime Video data. NOTE: 3 GB Prime Video Data is Vodacom Data that may only be used on Prime Video Mobile Edition Service) valid for 30 (thirty) days after activation.

or

6.3. Prime Video Mobile Edition: R29,00 deal:

  • R29,00 (including VAT) per month

or

6.4. Prime Video (12 month promotional period) R79,00 deal:

  • R79,00 (including VAT) per month; and
  • first 12 months free, thereafter you will automatically be billed R79,00 per month

(together referred to as the “Fee”)

6.5. If you are a pre-paid or top-up customer:

  • the Fee will be deducted from your available airtime balance monthly. You acknowledge that you must have enough airtime available to pay the Fee to continue to use the Service;
  • if you fail to pay the Fee in full, Vodacom may at its sole discretion suspend or terminate your subscription to the Service; and
  • only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they are able to do so) users within the Republic of South Africa may subscribe.
  • If you are a contract customer, the Fee will be set out in your monthly statement. If you do not pay your monthly Fee, your subscription may be suspended by Vodacom in its discretion.

6.6. You acknowledge that you will only be able to access the Service once Subscribed.

6.7. You give us consent to provide you with various messages about / based on your interaction with the Service. These messages will be delivered to you in the form of text messages sent to your mobile device using the mobile number identifying you as the Subscribed user of the Service. These messages include, but are not limited to periodic messages to encourage, or remind you to browse or access the Service:

  • messages inviting you to share, voluntarily, data about yourself or your preferences;
  • messages inviting you to try alternate versions of the Service based on Vodacom’s knowledge of the device you are using to access the Service;
  • confirmation messages relating to your subscribing for, or cancellation of, the Service;
  • messages inviting you to rate the Service’s quality and your opinion of your experience of the Service as measured by the metric scale provided; and
  • messages relating to the earning, notification and servicing of rewards.

6.8. You may opt out of the messages above except for the system messages which are mandatory in order for us to correctly administrate your use of the Service. To opt out of the messages, you are advised to make use of the functionality on the Service settings to cancel messages, or alternatively, to send an opt-out message request: SMS STOP To 30881 or dial *135*181.

6.9. You will not be charged for interactions that you will have with the Service via SMS. Data charges may apply for accessing the Service on the website

6.10. You accept that the Service’s default language is English.

6.11. Subscribed users may cancel the Service in entirety at any time via the Service menu. When cancelling the Service, you accept that your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 years (only if necessary), and in order to facilitate a convenient experience should you choose to re-subscribe at a later stage within the 6 (six) month period.

6.12. You acknowledge that any subscriptions in error will be billed. For your protection, we ask you to confirm all purchases twice.

6.13. You acknowledge that we reserve the right to offer the promotional Prime Video data, other Vodacom data, promotions or prizes to you on a discretionary and promotional basis, and this can change at our discretion at any time.

Rewards & Prizes (where applicable):

7. If applicable and to be eligible for rewards from the Service, you acknowledge that you need to have an active subscription for the Service.

8. You acknowledge, understand, and agree that for your subscription to the Service does not guarantee any prizes or rewards from the Service. We shall not have any liability for such loss or damage while using the Service.

9. Where applicable, prizes may not be substituted or transferred. All taxes associated with the receipt or use of any prize is the sole responsibility of the prize recipient. If any legal authority contests the awarding of a prize, we may, in our sole discretion, determine whether to award such a prize.

10. Rewards can only be earned by Vodacom customers. Any non-Vodacom customers will be unable to earn rewards due to their being active on a different network. You acknowledge that this is outside of Vodacom’s control, and you indemnify Vodacom from any inconvenience caused by this.

11. Only the qualifying Vodacom mobile number that is subscribed to the Service, can earn rewards.

12. In the event that you terminate your Vodacom contract, you accept that you forfeit the use of any unused rewards by that point as well as the earning of future rewards from that point.

Promotional Offer:

13. By subscribing to the Service, You agree to be bound by the following additional rules upon successful initial registration for the Service:

13.1. Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason provided that the on-going subscription for the Service will not be affected.

13.2. Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason provided that the on-going subscription for the Service will not be affected

14. For the period from 1 November 2024 to 31 November 2026, if You are an existing or new Pre-paid user, the below Prime Video Mobile Edition promotional terms and conditions will apply:

15. Pre-paid or Postpaid users may be eligible to access all the content on the Service for a period of either a 1 (one), 3 (three), 6 (six), or 12 (twelve) months (the “Trial Period”). After the Trial Period, You will be charged a subscription fee of ZAR 59 (fifty nine Rand) per month (incl. VAT) and receive 3GB Prime Video Data (the “Fee”) for the relevant period that You remain subscribed for the Service.

16. For the period from 1 November 2024 to 28 February 2026, if You switch, sign up or upgrade to either the RED Flexi, RED Core post-paid plans, the below Prime Video Mobile Edition promotional terms and conditions will apply

16.1. RED Flexi post-paid users will be eligible to access all the content on the Service for a period of 12 (twelve) months ("RED Flexi Trial Period"). After the RED Flexi Trial Period, You will be charged a subscription fee of ZAR 29 (twenty-nine Rand) per month (incl. VAT) for the relevant period that You remain subscribed for the Service.

16.2. RED Core post-paid users will be eligible to access all the content on the Service for a period of 12 (twelve) months ("RED Core Trial Period"). After the RED Core Trial Period, You will be charged a subscription fee of ZAR 29 (twenty-nine Rand) per month (incl. VAT) for the relevant period that You remain subscribed for the Service.

17. For the period from 1 March 2025 to 31 March 2026, if You switch, sign up or upgrade to RED VIP, Mobile Broadband (“MBB”), Fixed Wireless Access (“FWA”) post-paid plans, the below Prime Video promotional terms and conditions will apply:

17.1. RED VIP, MBB and FWA home internet post-paid users will be eligible to access all the content on the Service for as long as they maintain an active Vodacom RED VIP, MBB and FWA home internet post-paid account ("RED VIP Trial Period").

(together referred to as the “Trial Periods”)

Qualifying criteria for Promotional Offer:

18. You are not eligible for a trial if You have enjoyed a trial benefit in the last 12 months.

19. The Promotional Offer is available to eligible Vodacom Postpaid, Prepaid and Hybrid/ Top Up customers.

20. In an effort to ensure sustainable provision of the Service and the Promotional Offer, the following additional qualifying criteria will apply for Customers:

20.1. must be active on the Vodacom network for a minimum period of 30 (thirty) calendar days prior to the activation date of the Service and/or the Promotional Offer to qualify for the Promotional Offer.

21. Customers can subscribe to the Promotional offer above by visiting the Vodacom website.

22. You are electing to use the Service on a month-to-month basis in which instance you will be able to cancel the Service at any time before the expiry of the current month of use. To deactivate the recurring bundle, you need to visit the Vodacom and/or Prime Video websites.

23. Any existing in-bundle usage and any other loaded data in your account will not be consumed until the Service is depleted or expires. You can check your bundle balance for the Service by dialling *135#, and choosing option 1 – balances or via My Vodacom App.

24. The subscription process (and terms and conditions) required for Prime Video shall at all times be applicable and shall constitute an agreement between you and Amazon. Vodacom shall not be liable for any unavailability, faults glitches, bugs or technical issues with the Prime Video application and/or URL. Furthermore, Vodacom shall not be held liable for any damages or loss howsoever arising that you may suffer due to use of the Prime Video application and/or URL.

25. No Prime Video Data pro-ration will occur.

26. If you use the applications outside of the Service, you will be charged as per your existing tariff plan. If you follow a link outside the Prime Video application and/or URL, normal data rates will apply as per your existing tariff plan.

27. The Prime Video Data Bundle depletion will not occur for any banner advertising or in-stream advertising that may be present within the Service.

28. The Prime Video applications and/or URL may contain third party advertisements, content, materials, and/or links to third party services and / or websites that are not owned or controlled by Vodacom. Vodacom assumes no responsibility for the content, privacy policies or practices of any third-party websites or applications. In addition, Vodacom does not and cannot censor or edit the content of any third-party website. When you visit third party websites, Vodacom encourages you to read the Terms and Conditions and privacy policies of the other websites. By using the Service, you expressly release Vodacom from all liability arising from your use of any third-party website or as a result of any third-party services.

29. You cannot use the Services when you are roaming. Whilst roaming the use of the Prime Video application and/or URL will be charged at your existing tariff plan.

30. If you do a price plan migration, whilst using you have an existing active Service, such Service shall be carried over to the new price plan.

31. If you do a price plan upgrade, you will be able to add the Service to your upgraded price plan.

32. If, post subscription, you choose to migrate between Prime Video Mobile Edition and Prime Video plans you will not qualify for the trial month and associated data.

33. Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason on reasonable notice provided the on-going subscription for the Service will not be affected. Vodacom further reserves the right to amend these Terms and Conditions at its sole discretion and without notice to you. You have the responsibility to at all times familiarize yourself with the amended Terms and Conditions.

34. The promotional offer will commence from 1 November 2024 to 30 November 2025.

Switch:

35. You are able to migrate from one Prime Video product to another (“Switch”) by visiting https://www.vodacom.co.za/vodacom/shopping/primevideo.

36. The Prime Video product to which you have migrated to will only be activated after the active Prime Video product to which you are currently subscribed reaches its expiry date.

37. Once you have performed a successful Switch, you will not be eligible for the trial and the Prime Video data for the product to which you have migrated.

Billing:

38. Once you have subscribed to the Service and received the Promotional Offer, you will not be charged any fees for the first 3 months for Prime Video and the first 12 months for Prime Video Mobile Edition. (“Trial Period”). The Trial Period applies only once during any 12 month period. If you’d like to continue your subscription to the Service after the Trial Period, you will be charged the Fees monthly. The Fees shall be charged in the next month following Trial Period and every succeeding month thereafter until you cancel your subscription to the Service. Paragraph 49 below details how to cancel your subscription to the Service.

Termination by Us:

39. Vodacom may revoke your Amazon subscription, at our sole discretion without notice to you, if we suspect any fraudulent activity, misuse of your subscription or violation of these terms or any applicable law by you. No fee refund will be given in case of revocation.

Amazon Support:

40. Customer inquiries relating to any Amazon service should be directed to Amazon. Amazon provides a help and support page available at https://www.primevideo.com/region/eu/help/contact-us/ .

Your Obligations and Entitlements:

41. Vodacom and/or its appointed partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to act as a result, which may include, if relevant, terminating your subscription and prohibiting you from using the Service. Said termination and prohibition may occur with or without notice to you, and as a result may involve the loss of any benefits, privileges or earned items associated with your use of the Service, and we are under no obligation to compensate you for any such losses or results.

How to unsubscribe or cancel the Service:

42. You are entitled to unsubscribe from the Service at any time and for any reason by following the “cancel” prompts available within the Service menu, via the following ways:

43. Self Service on Vodacom Web; or

44. https://offers.vodafone.com/za; and

45. Calling Vodacom Customer Care: 082 135.

Limitation of Liability:

46. You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or services linked to these Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (iii) any unauthorized access to or use of servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

47. To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Service or its content, or any product or service described or provided through the Service.

48. Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by you; (ii) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.

Additional Terms:

49. Vodacom reserves the right to change these Terms at any time without notice. If applicable, the revised Terms will be uploaded onto our website.

50. Amazon, Amazon Prime, Prime Video, Amazon Music and all related logos are trademarks of Amazon.com, Inc. and its affiliates.

51. These Terms cover eligibility, activation, billing, cancellation and other elements regarding the Amazon subscriptions obtained through Vodacom. Vodacom is a promotional and billing partner of Amazon. Amazon owns, operates and provides the Amazon services that are in your subscription.

Page Title
Amazon Prime Terms and Conditions
Keywords
Amazon Prime, Terms and Conditions
Weight
0
Page Category
Terms and Conditions
Page URL
/vodacom/terms/primevideo

In-store Accessory Spend Voucher Terms and Conditions

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Vodacom Campaign 2024 in-store Accessory Spend Voucher

  1. Vodacom (Pty) Ltd (“Vodacom”) is running the Vodacom “Post-Paid In-store accessory spend Voucher” Promotion (the “Promotion”) where Customers will receive in-store accessory spend Vouchers when upgrading/signing up to a Vodacom contract offering one of the participating selected qualifying handsets, from 6th September - 7th October 2024. The in-store accessory spend Voucher varies depending on the applicable device model.
  2. All Customers during the term of the Promotion agree to be bound by the following Terms and Conditions.
  3. The Vodacom In-store accessory spend Voucher enables a Customer to purchase accessories of their choice when upgrading / signing up to selected qualifying handsets during the promotional period while instore:

Qualifying handsets in the promotion:

2024 September Accessory Spend Amounts
HONORVoucher Amount
Magic V2R2 000
Magic6 ProR1 000
HONOR 200 Lite 256GR300
HONOR 200 ProR300
HONOR 200  256GR300
HUAWEIVoucher Amount
nova 12SR400
nova 12SER300
OPPOVoucher Amount
Reno12 F R300
Reno12 FSR300
SamsungVoucher Amount
Galaxy S24 UltraR500
Galaxy Z Flip6R500
Galaxy Z Fold6R1 000
XiaomiVoucher Amount
Redmi Note 13 Pro+ 5GR300

Note: The in-store accessory spend Voucher varies depending on the device model purchased.

The in-store accessory spend Voucher is available to new and upgrade contracts.

  1. The in-store accessory spend Voucher must be utilized during the sign-up / upgrade process strictly in-store at the time of upgrade or sign-up to qualifying handsets during the promotional period.
  2. The Accessory spend Voucher:
  3. Is redeemable instore at the time of upgrade or taking up a new contract
  4. Can only be used to purchase accessories found in store at time of redemption
  5. Can be redeemed against Accessories only
  6. Is available on selected promotional deals only
  7. Cannot be redeemed as cash
  8. Is not transferrable and cannot be used in conjunction with other offers, promotions and Vouchers.
  9. Can only be redeemed against one spend per deal.
  10. Customer cannot take up accessories that are not in stock at the time of redemption of the in-store accessory spend Voucher as the accessory spend Voucher is only valid at the time of upgrade / sign up.
  11. In an instance where the Customer purchases accessories that are more than what the In-store accessory spend Voucher is, the Customer is liable to pay the outstanding extra amount.
  12. In an instance where the Customer spends less than the value of the In-store accessory spend Voucher, he/she acknowledges that there will be no change given and that he/she forfeits the remaining balance.
  13. Should the Customer spend less than the value of the accessories with the in-store accessory spend Voucher - he/she is allowed a R21.00 shortfall only e.g.: In-store accessory spend Voucher is R200.00, the Customer cannot select accessories less than a total amount of R179.00.
  14. In-store accessory spend Voucher are only valid during the specified deal period.
  15. Subject to availability of the specified device/deal :-
  16. Customer cannot request an extension on the Accessory Spend Voucher.
  17. Customer can add as many accessories to the value of the specified Voucher/Spend amount.
  18. Customers cannot use the in-store accessory spend Voucher to purchase handsets, tablets, tablets, airtime and data.
  19. Should Customer return, or swap the handset, Customers are then supposed to return all accessories that were redeemed at the time of the initial purchase before they can swap out or return stock
  20. Should Customers fail in doing so they will not be awarded the accessory in-store accessory spend Voucher of the new purchase.
Page Description
Customers will receive in-store accessory spend Vouchers when upgrading/signing up to a Vodacom contract offering one of the participating selected qualifying handsets.
Page Title
In-store Accessory Spend - Voucher | Vodacom
Keywords
In-store Accessory Spend Voucher, In-store, Accessory Spend Voucher
Weight
0
Page Category
Terms and Conditions
Page URL
/vodacom/terms/competition/accessory-spend-voucher

Stock Reservation Terms and Conditions

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Stock Reservation Terms and Conditions

All Vodacom (Pty) Ltd ("Vodacom") customers are able to reserve stock online with a Vodacom Shop online subject to the following Terms and Conditions:

  1. Online reservations only apply to the following services:

    1. Upgrading an existing contract

  2. To make a reservation:

    1. Visit https://myvodacom.secure.vodacom.co.za/vodacom/shopping/devices

    2. Select a device

    3. Click 'Check stock at a store near you' link on the device chose

    4. Allow Vodacom to track your location, alternatively check 'only show stores with stock'

    5. Click on reserve stock at a store and confirm reservation.

    6. An email will be send to the customer confirming the reservation

    7. The selected store will receive a notification informing them of the reservation.

    8. In the event that the customer wants to cancel the reservation. The reservation can be cancelled from the 'Cancel reservation' button in  the email.

    9. Cancellation takes place immediately once confirmed

  3. Customers are allowed to set up a reservation for a device at any point in time at a store where stock is available. Only a single reservation may be made at a store for a device. Should the store realise, upon receipt of the reservation, that the device is no longer available, it shall advise the customer promptly and proceed to cancel the reservation. Vodacom shall not be liable for claims of whatsoever nature in such instances. 

  4. The duration of the reservation is restricted to a maximum of 48 hours subject to the closing hours of the shop and expires afterwards. 

  5. Should the customer not make the reservation within the 48hours, then the reservation automatically expires and will be cancelled. Customers should reschedule a reservation if reservation has been cancelled. 

  6. Neither Vodacom nor its stores, agents or consultants shall be responsible for any loss or cancelled reservations, including reservations that were not received due to any failure of hardware, software, or other computer or technical systems. 

  7. Neither Vodacom nor any other person or party associated with the reservations and their associated companies, agents, contractors and sponsors and any of its personnel involved in this service, shall be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the stock reservation service. 

  8. Customer data collected as part of the online reservation will not be used for any other purpose than for stock reservation and in accordance with Vodacom's Privacy Policy.  Vodacom will store customer information for as long as it is legally required to. If there is no legal requirement, Vodacom will only store the collected information for as long as it is needed.

  9. If Vodacom is required by law to alter or cancel any aspect of the reservation service or to terminate it for any reason whatsoever, it will have the right to terminate the reservation service being offered, with immediate effect and without notice. In such event all participants hereby  waive any rights which they may have against Vodacom and its associated companies, agents and/or contractors.

  10. All information relating to the reservation service and published on any promotional material will form part of these Terms and Conditions.

Page Title
Stock Reservation Terms and Conditions
Keywords
terms, conditions, stock, reservation
Weight
0
Page Category
Terms and Conditions
Page URL
/vodacom/terms/stock-reservation

Vodacom Home Prepaid LTE Terms and Conditions

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Vodacom Prepaid Lte Starter Pack And Price Plan

Terms and Conditions

A prepaid mobile broadband price plan that allows customers to stay connected with affordable data offers.

  1. The Prepaid LTE starter pack includes:

    Sim card
    Once-Off data bundle allocation that includes General Data and Night Owl Data

  2. The data bundle is pre-provisioned on the enclosed SIM card.
  3. The SIM card will automatically be provisioned with the Prepaid LTE price plan.
  4. Customers who purchase this Starter Pack will default onto the Prepaid LTE price plan.
  5. If the customer’s number gets deactivated, then the customer will forfeit all benefits of the starter pack.
  6. To receive your new cell phone number and activate your SIM card found in your starter pack, you must register your SIM card, in terms of the provisions of Section 40 of the Regulation of Interception of Communications and Provision of Communications Related Communications Act, 2002 (RICA).
  7. This price plan is only available to Prepaid SIMS excluding Community Service and CST Management SIMS.
Usage will be billed according to Prepaid LTE Price Plan Rates: Prepaid LTE Price Plan
DescriptionRate
Local/National SMS per 160 charactersR0.79
International SMS per 160 charactersR1.74
Out of Bundle MMS per 300KBR0.80
National Out of Bundle Voice rate (ANAT)-Per MinuteR2.09
All General Service, All VANS operators - Per MinuteR2.09
Directory Enquiries - Per MinuteR2.09
Data Out of BundleR0.29
  1. The following call types will not qualify for R2.09c call rate.
  • International roaming.
  • Premium rated calls
  • SVS calls.
  • International calls
  • VAS calls
  • Fax Out Dial
  • All balances will be available via existing balance enquiry:
  • *135#, includes Summary, Detailed and Promotional balance checks

Vodacom Prepaid LTE Data Bundles

  1. Prepaid LTE Bundles are specific to the Prepaid LTE price plan
  2. To access the Prepaid LTE bundles, a customer can dial *123# or visit the Vodapay App and follow ‘Buy Data’ journey.
  3. Night Owl data bundles can only be used between midnight 00:00 and 5:00am on any day of the week.
  4. Multiple additional once-off Data Bundles may be purchased in addition to the pre-provisioned bundle.
  5. Following rules of the order of consumption, data bundles with the shortest expiry date get consumed first.
  6. Customers can extend the validity of their data bundle by purchasing another bundle of the same validity and size before the initial bundle has expired. This will extend the validity of the initial bundle to that of the second bundle purchased.
  7. Data Transfer Rules apply. https://www.vodacom.co.za/vodacom/terms/data-bundle-transfer-terms-and-conditions
  8. Standard roaming rates apply.

Vodacom Prepaid LTE Voice Bundles

  1. Prepaid LTE Voice Bundles will be available to customers that have purchased the Prepaid MBB price plan.
  2. Prepaid LTE Voice Bundles can be purchased on the USSD channel *135#, My Vodacom App and Vodapay.
  3. Prepaid LTE Voice Bundles can be purchased as a once-off option, which will be valid for 30 days from and including the day of purchase.
  4. Prepaid LTE Voice Bundles can be used for calls to any network operator within the borders of South Africa and do not apply to international calls or international roaming.
  5. Prepaid LTE Voice Bundles will be deducted per second during a call, whilst the call remains active.
  6. A customer can purchase as many once-off Prepaid LTE Voice Bundles as they would like.
  7. If the customer has multiple Prepaid LTE Voice bundles, the bundles with the shortest validity will be consumed first.

Migrations

  1. All prepaid customers will be permitted to free change/migrate into and out of the Prepaid LTE price plan if free change is permitted on your respective plan.
  2. Customers on the Prepaid LTE price plan will be permitted to carry over their LTE data bundles should they choose to free change out to a different prepaid plan. Other open market bundles purchased will not be forfeited upon free changing out.
  3. Customers who migrate between the Prepaid LTE price plan and TopUp/Contract will keep their benefits.

Incoming SMS and First Incoming Call Restriction:

  1. Upon activation, all incoming SMSs and incoming calls, except for incoming Vodacom network communication, will be disabled until the customer recharges their account with a minimum of R10 airtime or equivalent direct bundle purchase. This restriction applies to all new activating customers.
  2. Recharging with an amount less than R10 (airtime or direct bundle purchase) will result in the continued barring of incoming SMS and incoming call services until the balance reaches or exceeds R10.
  3. Customers must understand and agree that incoming SMS reception and incoming calls will only be activated once the recharge amount meets or exceeds R10 (airtime or bundles). This requirement is once off for new customers.
  4. The customer’s balance will accumulate towards the R10 requirement. This means that if a customer makes multiple purchases less than R10, the total amount will count towards lifting the barring on incoming SMS and incoming call services.

General

  1. Vodacom reserves the right to suspend the Service in the event of suspected abuse or fraudulent usage, outside of what is considered reasonable for private, non-commercial use.
  2. Vodacom reserves the right to limit the Service in regions or areas where there is limited network capacity (high congestion) to maintain consistent quality of service.
  3. Vodacom reserves the right to alter or terminate the Service to prevent a catastrophic impact on the network.
  4. While Vodacom will use its reasonable endeavours to provide the Service, it does not commit to the uninterrupted supply of the Service, due to potential capacity limitations on the network.
  5. Vodacom reserves the right to suspend, cancel or convert the Service with reasonable notice.
  6. Vodacom reserves the right to change and/ or expand on these terms and conditions and will provide reasonable notice of any material changes prior to such change as and when the circumstances permit.
Keywords
Vodacom Home Prepaid LTE, Prepaid LTE, Prepaid, LTE
Weight
0
Page Category
Terms and Conditions
Page URL
/vodacom/terms/home-prepaid-lte

Service Schedules Terms And Conditions

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VODACOMS ONLINE GENERAL TERMS AND CONDITIONS FOR FIXED SERVICES

These terms and conditions, together with any quote, product specific terms, Service Schedules and Acceptable Usage Policy govern the relationship between the customer and Vodacom relating to the provision and supply of the Services and Equipment by Vodacom (Pty) Ltd (Registration number 1993/003367/07). 

By making use of the Service(s) and / or Products, you agree to be bound by these terms and conditions. 

  1. INTERPRETATION 

    1. In this Agreement unless the context indicates a contrary intention - 

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

      2. The singular includes the plural and vice versa; 

      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; 

      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; 

      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; 

      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 

      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. 

  2. DEFINITIONS 

    1. Unless otherwise determined by the context, the following words will bear the meanings assigned to them hereunder -

      1. "This 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. "Access Codes" means usernames, passwords, email addresses and other unique identifiers allowing the Customer access to the Services; 

      3. "Acceptable 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; 

      4. "Applicable 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. 

      5. "Business 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; 

      6. "Business Hours" means those hours between 08:00 to 17:00 Monday to Friday on any Business Day; 

      7. "Commencement Date" means the date of acceptance of these terms and conditions; 

      8. "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; 

      9. "Equipment" means equipment supplied by Vodacom to the Customer, on the basis of a loan or rental, to enable the Customer to utilise the Services; 

      10. "Group" 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. 

      11. "the 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; 

      12. "the Services" means the converged solutions services provided by Vodacom to the Customer pursuant to the conclusion of a Service Schedule; 

      13. "Service 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. 

      14. "the System" means, collectively, the Network, any network provided by an ECNS provider (if applicable), the Equipment and the Customer's equipment. 

  3. COMMENCEMENT AND DURATION 

    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. 

    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. 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. 

    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. 

    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. 

  4. SERVICE SCHEDULES 

    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. 

    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. 

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

      1. A description of the Service to be rendered; 

      2. The effective date, initial period and termination period particular to the Service; 

      3. The pricing and payment terms as well as any discounts applicable to the Service; 

      4. The Key Performance Indicators ("KPI's"), means of measurement thereof and required service levels; 

      5. Escalation procedure in the event of a fault; 

      6. Particular undertakings and terms and conditions not contained in this Agreement which pertain to the Service; and 

      7. Any other information required as provided for in this Agreement. 

  5. CHARGES AND FEES AND PAYMENT TERMS

    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. 

    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. 

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

      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 

      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. 

    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. 

      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. 

      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. 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. 

    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. 

  6. ADJUSTMENT OF CHARGES

    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: 

      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 

      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. 

    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

    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. 

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

      1. in any manner damages Vodacom's technical infrastructure or the Network or any part thereof; 

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

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

    3. The Customer shall not: 

      1. Allow any person other than its personnel and authorised parties, access to the Services; and/or 

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

    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. 

    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. 

    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. 

  2. THE EQUIPMENT

    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. 

    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. 

    3. The Customer shall: 

      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; 

      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;

      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; 

      4. Not affix the Equipment to any land or building in such a manner as to become a fixture; 

      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 

      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. 

    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. 

  3. WARRANTIES 

    1. Vodacom warrants unto and in favour of the Customer that: 

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

      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; 

      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 

      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. 

    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 V1 092018 Otherwise). 

    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. 

  4. MONITORING OF CONTENT AND COMMUNICATIONS 

    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: 

      1. Request the Customer to forthwith remove such Content; 

      2. Require the Customer to forthwith amend or modify such Content; 

      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 

      4. Delete, the offending Content with notice that is practicable in the circumstances; 

    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. 

    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. 

    4. Sanctions and Trade/Export Control 

      1. Each Party shall, in the context of the Services: 

        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; 

        2. Not knowingly do anything which may cause the other Party or members of its Group to breach Sanctions; 

        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; 

        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: 

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

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

        5. Have the right to terminate this agreement if any of the provisions of this clause are breached; and 

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

  5. CHANGE CONTROL PROCEDURE

    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. 

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

      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; 

      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. 

    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. 

  6. NEW TECHNOLOGIES AND ADDITIONAL SERVICES 

    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. 

    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. 

  7. DISCONTINUATION OR SUBSTITUTION OF TECHNOLOGY 

    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 . 

    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 

    3. Above and Vodacom shall render all reasonable assistance to the Customer in respect of the migration to an alternate provider of the affected Services. 

    4. 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. 

  8. SUSPENSION OF THE SERVICES 

    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: 

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

      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 

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

    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. 

    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

    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. 

    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. 

    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. 

    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. 

  2. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS 

    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: 

      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; 

      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; 

      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 

      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. 

    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: 

      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 

      2. To procure the right for the Customer to continue using the infringing Service. 

  3. LIMITATION OF LIABILTY 

    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. 

    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. 

  4. CONFIDENTIAL INFORMATION 

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

      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"); 

      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; 

      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 V1 092018 

      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. 

    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: 

      1. Trivial or obvious; 

      2. Already in the other's possession other than as a result of a breach of this clause; 

      3. Independently developed by one party prior to the execution of this Agreement; 

      4. In the public domain through no fault of the receiving party; or 

      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. 

    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. 

  5. ASSIGNMENT AND SUB-CONTRACTING 

    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. 

    2. Vodacom shall be entitled with notice to the Customer, at any time, to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligations in terms of this Agreement to any Affiliate(s) without the Customer's consent. 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. 

    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. 

  6. TERMINATION

    1. In the event of the Customer on the one hand or Vodacom on the other (hereinafter referred to as "the defaulting party"): 

      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 

      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. 

    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: 

      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; 

      2. Takes steps to de-register itself or is de-registered; or 

      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. 

    3. Upon termination of this Agreement for whatsoever reason: 

      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; 

      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. 

  7. DISPUTE RESOLUTION AND ARBITRATION

    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. 

    2. Should the representatives referred to in clause 21.1 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. 

    3. Should the mediation referred to in clause 21.2 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. 

    4. Notwithstanding the provisions of this clause 21, neither party shall be precluded from obtaining relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. 

  8. FORCE MAJEURE

    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"). 

    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. 

    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 22.1 and 22.2 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. 

    4. Notwithstanding anything to the contrary herein contained, as an alternative to termination in terms of clause 22.3 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. 

  9. DOMICILIA AND NOTICES 

    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: 

      1. Vodacom - Vodacom Commercial Park, 082 Vodacom Boulevard, Vodavalley, Midrand 

      2. The Customer - the address given in the SimpliQuote 

    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. 

    3. Any notice given by either party to the other ("the Addressee") which: 

      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; 

      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. 

  10. GOVERNING LAW 

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

  11. 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. 

  12. 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. 

  13. 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 of this Agreement only a "written document" shall include 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 excluding a data message in the form of email. 

  14. 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. 

  15. WAIVER 

    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. 

    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. 

  16. 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 in respect of the same Services and / or Equipment, promises, representations, understandings and negotiations between the Parties, whether written or oral, with respect to the Services and Equipment specified therein. 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.

Page Title
Service Schedules Terms and Conditions
Keywords
terms, conditions, service, schedules
Weight
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Page Category
Terms and Conditions
Page URL
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