1. Important Notices
This Agreement contains the Terms and Conditions on which Vodacom (Pty) Ltd provides telecommunication services and Apparatus to you our Customer.
1.1. This Agreement contains Terms and Conditions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:
1.1.1. may limit the risk or liability of the Vodacom Group or a third party; and/or
1.1.2. may create risk or liability for you; and/or
1.1.3. may compel you to indemnify the Vodacom Group or a third party; and/or
1.1.4. serves as an acknowledgement, by you, of a fact.
1.2. This Agreement replaces all prior Terms and Conditions previously agreed between you and Vodacom that relate to the same subject matter as this Agreement.
1.3. Offers are valid while stocks last. Vodacom reserves to alter or withdraw the deals advertised without notice. Handset options are dependent on the deals selected. For more details ask in store or visit wwwqa.vodacom.co.za. E & OE (Errors & Omissions excluded). All prices shown include VAT.
2.1. In this Agreement certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below–
2.1.1. "Activation Date" shall mean the date of the activation of the SIM card on the Network;
2.1.2. "Agreement" shall mean these terms and conditions together with all schedules, and documents attached to these terms and conditions, as well as all amendments that may be made to these terms and conditions from time to time in terms of clause 22 below;
2.1.3. "Apparatus" means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network;
2.1.4. "Call Charge" shall mean the amount of money charged to you for a specified amount of call time or use of Vodacom’s data services (such as internet browsing or content downloads), as the case may be, as set out in the Tariff from time to time;
2.1.5. "Cellphone Number" shall mean the number allocated to you for the purposes of making use of the Services, also known as the Mobile Station Integrated Services Digital Network Number;
2.1.6. "Customer" or "you" shall mean the natural person entering into this Agreement with Vodacom;
2.1.7 “Financial Services”– shall mean long and short term insurance services and/or products provided by Vodacom Life Assurance Company (RF) Limited and Vodacom Insurance Company (RF) Limited, which are wholly owned subsidiaries of Vodacom(Pty) Ltd and such services and products are governed by the Insurance Terms and Conditions contained in this document
2.1.8. "Initial Period" shall mean a period of 24 (twenty four) months or such longer period as expressly agreed to by you;
2.1.9. "Network" shall mean the public mobile telecommunications system operated and made available by Vodacom (Pty) LTD or any other member of the Vodacom Group;
2.1.10. "Prepaid Account" shall mean an account held within the Vodacom Group on your behalf which, when credited with a pre-determined value of airtime purchased by you, enables you to use the Services until such airtime is depleted;
2.1.11. "Regulatory Authority" shall mean the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA;
2.1.12. "Renewal Period" means a period of 24 (twenty four) months or such longer period as expressly agreed to by you, which period shall commence on or after the expiry of the Initial Period;
“the services” shall mean:
220.127.116.11. The cellular telecommunications service provided by means of the Network as well as such other additional related services or equipment;
18.104.22.168. Value Added Services and/or Financial Services (provided by Vodacom’s Insurance Companies)
2.1.14. "SIM card" shall mean the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM card in the Apparatus;
2.1.15. "Subscription Fee" shall mean the monthly fee payable by you in respect of access to the Network by means of the Cellphone Number, as recorded in the customer credit application form;
2.1.16. "Tariff" shall mean the tariff of charges and fees (monetary amounts) payable by you to Vodacom in respect of the Services, as published by the Vodacom Group from time to time and as set out in the customer credit application form;
2.1.17. "Top Up Price Plans" shall mean all and any packages offered by Vodacom at any time that has or have a top-up component;
2.1.18. "Upgrade" shall mean the transaction, which will take place during, on or after the expiry of the Initial Period, in terms of which Vodacom may supply you with a new Apparatus for which partial or complete payment may be required and the simultaneous renewal of this Agreement by you for the Renewal Period;
2.1.19. "Vodacom Group" shall mean any of the Vodacom group of companies including Vodacom, any subsidiaries of Vodacom, any holding company of Vodacom and/or any subsidiaries of such holding company;
2.1.20. "Vodacom" shall mean Vodacom (Pty) LTD with whom you have entered into this Agreement for the provision of the Services;
2.2. When considering this Agreement, please note that –
2.2.1. words indicating any one gender shall include the others and the singular shall include the plural;
2.2.2. "days" shall mean calendar days unless qualified by the word "business", in which instance a "business day" shall mean any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; and
2.2.3. unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
2.2.4. The use of the expression "but not limited to" by Vodacom indicates that the prescribed list is not a closed one and that there may be other matters not listed to which the clause applies..
2.2.5. “General Service Calls”, charged at the General Service Call Rate, are provided by Vodacom in order to provide a better electronic communications service to Vodacom customers and includes, for example directory inquiries, recharge services, balance inquiries such as Vodacom Talk Time Usage information 126, self-help services as well as some Customer Care and help lines such as Stolen Phone Reporting line 0820124. The nature and purpose of the content of these services is to assist the customer in the use of Vodacom’s mobile network and/or services. Other services included in this category include calls to Telkom’s 08XX services, Universal International Freephone Number 09800 as well as calls to certain public service numbers, such as 10111 the South African Flying Squad, 1020 SA Government Directory Enquiries, Vodacom’s International SOS service 147, Emergency services 082 911 etc. General Service calls are included in the selected incorporated bundled minutes/seconds except calls to 110 – Directory Enquiries.
2.2.6. “Value-Added Services”, charged at the VAS Call Rate, are provided by Vodacom and/or Value Added Service Providers in order to make available to Vodacom customers a selection of value added services provided by means of the Vodacom Network. Value-Added Services are defined as non-core services, or in short, all services beyond standard voice calls, the content of which may not have anything to do with Vodacom’s mobile network and/or services. Examples of Value Added Services are calls and connections to the following services: *120# services, 082125 Vodacom shop location based service, 082152 Newsbreak and 082162 Cointel Weather service. These are services provided by the mobile operator or VAS provider and calls or connections to these Value Added Services are not included in the bundled minutes/seconds
3. Provision of the Services
3.1. Subject to the terms and conditions set out in this Agreement, Vodacom shall activate the SIM card and maintain the availability of the Services to you throughout the duration of this Agreement.
3.2. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and any Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.
4.1. This Agreement will start on the Activation Date and, subject to the terms and conditions of this Agreement shall continue for the Initial Period. After the Initial Period this Agreement will automatically continue on a month to month basis subject to any changes which we have notified you of unless you or Vodacom terminate it on at least 20 (twenty) business days written notice.
4.2. Despite clause 4.1, you may terminate this Agreement during the Initial Period or a Renewal Period by giving Vodacom at least 20 (twenty) business day’s notice in writing. If you do choose to terminate this Agreement during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom, and you will have to pay all outstanding amounts in respect of the Services and/or Apparatus related to the Services. A reasonable premature cancellation charge for the purposes of this clause shall mean 75% of the balance of your contract. The balance of your contract is your monthly subscription amount times by the remaining months of your contract. Any amounts outstanding to Vodacom will also be added to the cancellation cost.
5. Charges payable by you and your payment obligations
5.1. The Subscription Fee shall be due and payable to Vodacom by you as indicated on the invoice received from Vodacom but, in any event, by no later than the last business day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be. Despite the previous sentence of this clause 5.1, Vodacom shall have the right to request you to pay the first month’s Subscription Fee in full on the Activation Date.
5.2. In the case of a Price Plan other than a Top Up Price Plan –
5.2.1. you will pay to Vodacom all charges incurred in respect of the Cellphone Number(s) within 14 (fourteen) days of date of Vodacom’s invoice;
5.2.2. Vodacom may impose monetary limits on the maximum value of the total charges you may incur in relation to the Services provided by Vodacom during any one billing period. Should you exceed such maximum value then Vodacom may suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full;
5.2.3. Vodacom reserves the right to impose a monetary limit on the maximum value of Call Charges incurred by you during any one billing period in the amount set out in the application and/or order form to which these terms and conditions relate; and
5.2.4. despite Vodacom being entitled to suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full, it shall be under no obligation to do so, and, should the charges billed to your account nonetheless exceed the monetary limits imposed by Vodacom, you shall remain liable to pay Vodacom any and all charges incurred whether in excess of the said limits or not. You are encouraged to diligently monitor the depletion of any monetary limit set by contacting the Vodacom Call Centre.
5.3. In the case of a Top Up Price Plan:
5.3.1. on the first day of each month for the duration of this Agreement, Vodacom shall -
i) automatically recharge your Prepaid Account with airtime to the value of the Subscription Fee, provided that such airtime shall not be available for use by you if you are in arrears with the payment of your Subscription Fees; or
ii) allocate to your account the minutes, data and/or sms quantities based on your Price Plan.
5.3.2. in addition to the airtime value allocated to your Prepaid Account pursuant to the provisions of clause 5.3.1 above, you shall also be entitled to recharge your Prepaid Account at any time by utilizing any of Vodacom’s existing recharge mechanisms on such terms and conditions applicable to such recharges, provided that in the event that you are in arrears with the payment of your Subscription Fee(s), then despite having recharged your Prepaid Account, the airtime allocated to the Prepaid Account pursuant to such recharge shall -
22.214.171.124. not be available for use by you until you have paid all outstanding Subscription Fees;
126.96.36.199. not be credited to any outstanding Subscription Fees;
5.3.3. in the event that you pay Vodacom more than what is due in respect of the Subscription Fees, such additional amounts paid shall not be allocated to your Prepaid Account but shall -
188.8.131.52. be credited toward the following month’s Subscription Fees;
184.108.40.206. and any further remaining amount shall be refunded, free of interest (provided that the overpayment is not due to any fault on the part of Vodacom) to you, if at the end of the term of this Agreement your Subscription Fees are fully paid u
p and all your obligations hereunder have been fully met.
5.3.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month the unused portion of airtime value purchased through any additional recharges you may have performed.
5.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month any unused portion of the airtime value purchased by the payment of the Subscription Fee(s) in previous months, to a maximum of 5 (five) months, excluding the current month, or such other period as Vodacom may specify from time to time. In respect of the unused portion of the minute, data and/or sms allocation specified in 5.3.2 above, such allocation will expire after 1 (one) month on applicable Smart Plans or 60 (sixty) days in respect of unused data.
5.5. In addition to the monthly Subscription Fee(s) and Call Charges levied by Vodacom, you will also pay to Vodacom all other charges relating to any other service, incurred in respect of the Services and/or any Apparatus or other equipment purchased by you from Vodacom within 14 (fourteen) days of date of Vodacom’s invoice. Vodacom’s invoice will itemise the amounts charged to you.
5.6. Prior to the activation of your Cellphone Number or other services on the Network, Vodacom shall be entitled to require you to pay to it a deposit in an amount which Vodacom in its discretion deems fit. Such deposit shall be paid by you in cash and shall be retained by Vodacom as security for any other charge that you may become liable to pay to Vodacom and may be appropriated either wholly or in part towards payment of any amount that may be due by you to Vodacom. The deposit or any balance thereof, as the case may be, shall be refunded to you after all your obligations hereunder have been fully discharged.
5.7. A computerised account or a certificate signed by a Credit Manager of Vodacom, (whose designation need not be proved), setting out the amount due by you to Vodacom shall be taken as proof in the absence of any evidence to the contrary of such amounts as well as the due date thereof and Vodacom shall not be required to provide further proof of the indebtedness unless you can show, on the face of it, that the amount set out in the computerized account or certificate is incorrect.
5.8. The charges levied by Vodacom may vary from time to time and Vodacom shall provide you with at least 20 (twenty) business days’ notice of such variations before they take effect. You shall be bound to pay such varied charges with effect from the date of publication thereof by either Vodacom and/or Vodacom Group unless you exercise your right of termination as provided for in this Agreement.
5.9. The charges levied by Vodacom in respect of any telecommunications services shall not exceed the Tariff published by the Vodacom Group from time to time. The charges levied by Vodacom in respect of any additional services or in respect of any Apparatus or other equipment purchased by you, that are not subject to Vodacom Group’s tariff, shall be in accordance with Vodacom’s standard charges as published and amended from time to time.
5.10. If so required by Vodacom in its sole discretion you must make payment of all amounts due to Vodacom by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of Vodacom to draw against your banking account for the duration of this Agreement without the written consent of Vodacom.
5.11. All fees, charges and prices set out in this Agreement and/or any price list from time to time are exclusive of Value-Added Tax which shall additionally be borne and paid for by you at the prevailing rate from time to time unless otherwise stated.
5.12. Terms and conditions specific to your Price Plan may be published on our website on wwwqa.vodacom.co.za.
6. Migration and Conversion
6.1. With the prior written permission of Vodacom which can be withheld at any time, for any reason, you may be entitled to convert to any other standard Tariff excluding any special discounted Tariffs, offered by Vodacom from time to time provided that –
6.1.1. any charge levied by Vodacom in respect thereof has been paid by you; and
6.1.2. all relevant documents required by Vodacom have been signed by you indicating acceptance of any terms and conditions applicable thereto.
6.2.In the event that you migrate from a Tariff Plan which includes free bundled minutes/seconds to a Tariff Plan which does not include free bundled minutes/seconds, all accumulated free minutes shall be automatically forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof, it being your responsibility to ensure that any free bundled minutes/seconds are used up prior to migrating to another Tariff should you wish to use such free services.
6.3. In the event that you migrate from a Price Plan which includes free or bundled minutes/seconds to any other Price Plan which includes free, bundled minutes/seconds, then you may forfeit all or a portion of the accumulated minutes/seconds.
6.4. In the event that you migrate from a Price Plan which includes free, discounted or bundled VAS services to any other Price Plan which does not include any free, discounted or bundled VAS services, then you may forfeit all or a portion of such VAS services or lose all such free or discounted VAS benefits and may be required to pay in full for such VAS service on the new price plan.
7. Bundled Usage
7.1. You acknowledge and agree that should the Price Plan selected incorporate any bundled minutes/seconds, then –
7.1.1. all calls made after the bundled minutes/seconds have been used up will be charged at the then current out-of-bundle rate as set out in the Price Plan
7.1.2. if you migrate from such Price Plan to any other Price Plan incorporating bundled minutes/seconds, then Vodacom will determine the number of bundled minutes/seconds which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated minutes/seconds; and
7.1.3.upon termination of this Agreement for any reason whatsoever, any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof, it being your responsibility to ensure that any accumulated Airtime or unused bundled minutes/seconds are used up prior to termination should the Customer wish to use such accumulated Airtime or unused bundled minutes/seconds; and
7.1.4. all airtime used by you will be applied first against your most recent allocation of bundled minutes/seconds; and thereafter against your oldest active carried over unused bundled minutes/seconds
7.1.5. Any accumulated and unused bundled minutes/seconds will expire in accordance with the period stipulated in the relevant Tariff plan’s terms and conditions available on wwwqa.vodacom.co.za.
7.1.6. General Service calls or connections are included in the bundled minutes/seconds, except calls to 110 – Directory Enquiries. Calls to Directory Enquiries will be charged separately at the current rate as set out in the Price Plan.
7.1.7.calls or connections to Value Added Services are excluded from the bundled minutes/seconds and will be charged for separately at the current rate as set out in the Price Plan.
7.2 you acknowledge and agree that should the Price Plan selected include any bundled data, then –
7.2.1. all data used after depletion of the bundled data will be charged at the current out-of-bundle rate as set out in the Tariff;
7.2.2. accumulated and unused data may be carried over for a period of up to 60 (sixty) days where after it shall be forfeited.
7.2.3. if you migrate to any other Price Plan , migration rules will apply and you may forfeit all or a portion of the accumulated data bundle
7.2.4. upon termination of this Agreement for any reason whatsoever, any accumulated Data or unused bundled Data shall be forfeited and you shall have no claim of any nature against Vodacom in respect thereof.
7.3. You acknowledge and agree that should the Price Plan selected incorporate any bundled SMS, then
7.3.1. all SMSs sent after depletion of the SMS bundle will be charged at the current out-of-bundle rate as set out in the Price Plan;
7.3.2. if you migrate to any other Price Plan, regardless of whether the new Price Plan selected incorporates any bundled SMS’s, Vodacom will determine the number of bundled SMS’s which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated SMS; and
7.3.3. upon termination of this Agreement for any reason whatsoever, any accumulated SMS’s or unused bundled SMS shall be forfeited and you shall have no claim of any nature against Vodacom in respect thereof.
7.3.4. accumulated and unused SMS may be carried over for a period of up to one month where after they will be forfeited
7.3.6. The following SMS categories shall be excluded from all SMS bundles and/or the unlimited SMS bundle benefit included on selected Smart plans:
• Premium rated
• Content services
• VAS services
7.3.7 These categories of SMS are subject to different tariffs as well as terms and conditions – please refer to wwwqa.vodacom.co.za for more details.
8. Value-Added Services
8.1. You acknowledge and agree that –should you subscribe to any additional service(s) provided by Vodacom ("value-added service(s)"), the provision of such value-added service(s) by Vodacom will be subject to Vodacom’s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with; and
8.2.if you subscribe to a Tariff Plan which includes a subscription to any Value-Added Service(s), then such subscription to those Value-Added Service(s) may only be terminated prior to the expiry of the Initial Period or the Renewal Period, as the case may be, by giving Vodacom at least 20 (twenty) business days’ notice in writing. If you do choose to terminate those Value-Added Services during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom.
9. Risk and Ownership
9.1. In the event of Vodacom providing you with Apparatus, then –
9.1.1. From the moment you take possession of the Apparatus, you will be responsible for and liable for all risk in and to the Apparatus which will include but not be limited to loss, damage, accidental damage, liquid damage, theft unauthorised use of the Apparatus subject to any applicable warranty provided with such Apparatus or imposed by operation of law; and
9.1.2. Vodacom will remain the owner of the Apparatus for the duration of the Initial Period.
9.2. Ownership of the SIM card allocated to you shall, at all times, remain vested in Vodacom. All risk in and to the SIM card which will include but not be limited to the loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the SIM Card shall pass to you upon delivery of the SIM Card.
9.3. The provisions of clause 9.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen an Upgrade.
10. Listing of Apparatus
10.1. Should you fail to meet any payment obligations during the Initial Period or the Renewal Period, as the case may be, then Vodacom shall be entitled to prevent the further use of your Apparatus and you indemnify Vodacom in respect of any claim whatsoever arising from Vodacom exercising its right in terms hereof.
10.2. In the event of the theft or loss of Apparatus, you shall be obliged in terms of law to inform Vodacom of such theft or loss in order for Vodacom to list such Apparatus on the blacklists as determined by the prevailing policy of Vodacom from time to time. Vodacom shall effect such listing provided that all required information has been supplied by you.
10.3. For the purposes of this clause 10, "blacklist" shall mean the disablement by electronic or other means, of an Apparatus, thereby preventing its |further use.
10.4. In the event of the theft or loss of an Apparatus, the provisions of clause 17.2 below shall also apply, with the necessary changes.
10.5. Vodacom shall be entitled to levy a reasonable charge for the listing referred to in clause 10.2 above and/or the removal of an Apparatus from the blacklist.
11. Disclosure of Information
11.1. You consent that Vodacom may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to –
11.1.1. any credit providers, credit bureau or credit reporting agencies;
11.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
11.1.3. any of Vodacom’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Vodacom Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
11.1.4. any of Vodacom’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
11.1.5. any company within the Vodacom Group for any purpose connected with the Services or the Network or incentive scheme purposes.
11.2. Despite any part of this Agreement that may indicate otherwise, Vodacom shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.
12. Your Acknowledgement
You acknowledge and agree that –
12.1. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and
12.2. to the extent permitted by law, Vodacom shall not be liable for non-availability of the Services.
13.1. You indemnify and hold Vodacom and each company within the Vodacom Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Vodacom or any company within the Vodacom Group, which arises directly or indirectly out of a breach of the terms of this Agreement by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the negligence or intentional misconduct of Vodacom or any company within the Vodacom Group or any of their respective employees, directors or agents.
13.2. Without affecting the generality of 13.1 above, Vodacom shall not be liable to you for any breach of this Agreement or failure on Vodacom’s part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of Vodacom.
14. Your Undertakings
You shall –
14.1. comply with all instructions issued by Vodacom which concern your use of the services, the Apparatus or related matters; and
14.2. not be entitled to commercially exploit the services in any manner whatsoever without Vodacom’s prior written consent, including without limitation, the provision of telephony services to third parties; and
14.3. provide Vodacom with all such necessary information as Vodacom may, in its sole discretion, reasonably and lawfully require;
14.4. only use a Apparatus which is approved for use in conjunction with the Network by Vodacom;
14.5. engage with Vodacom, other members of the Vodacom Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.
15.1. Vodacom may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your Cellphone Number from the Network for a period to be determined by Vodacom, in any one of the following circumstances -
15.1.1. during any technical failure, modification or maintenance of the Network; or
15.1.2. if you fail to comply with any of the terms and conditions of this Agreement; or
15.1.3. if so directed by the Regulatory Authority; or
15.1.4. in any other instance specifically provided for in this Agreement, and in such event, the provisions of clause 13 and where applicable, clause 16.6 below shall also apply, with the necessary changes.
15.2. Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Vodacom shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.
15.3. Where this Agreement is terminated at your instance in accordance with clause 4.1 or 4.2 above, as the case may be, Vodacom shall be entitled to disconnect your Cellphone Number at any time on the relevant date of termination and at which time the provisions of clause 16.6 shall apply, with the necessary changes, and you shall have no claim of whatsoever nature against Vodacom as a result of Vodacom exercising its right under this clause.
16.1. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from Vodacom requesting you to comply within 20 (twenty) business days, then Vodacom may immediately terminate this Agreement.
16.2. If this Agreement is terminated by Vodacom for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 16.1, you shall pay to Vodacom all outstanding charges for access to the Network and you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom.
16.3. You shall repay to Vodacom on demand all costs which Vodacom incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include –
16.3.1. costs in connection with tracing you and/or the Apparatus;
16.3.2. all legal costs on the attorney client scale;
16.3.3. collection commission that may legally be recovered from you by Vodacom’s attorneys or collection agents on amounts collected;
16.3.4. the costs incurred in obtaining possession of the Apparatus as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and
16.3.5. the replacement cost of the Apparatus.
16.4. To the extent that it is appropriate, the provisions of clause 16.3.2 above apply reciprocally to you, read with the necessary changes.
16.5. It shall be in the sole discretion of Vodacom as to whether it elects to levy the replacement cost of the Cellular Phone(s) or the charges referred to in clause 16.3.4 above.
16.6. Any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof.
17. Loss or Theft of SIM Card
17.1. You shall notify Vodacom immediately when you become aware of the loss or theft of your SIM card, which notification may, at Vodacom’s discretion, be required to be confirmed in writing. In addition, you undertake to comply in full with the requirements of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002.
17.2. Any loss, theft, damage or destruction of your SIM card or Apparatus shall not affect your liability to continue to pay the Subscription Fee to Vodacom for the duration of this Agreement.
18. Policies and Procedures of Vodacom
You agree to comply with and implement the policies and procedures of Vodacom from time to time in relation to the Services, your Cellphone Number, the SIM card, the Network and the use thereof.
19. Complaint Resolution and Code of Practice
In the interest of providing customer service excellence, and the protection of consumer rights, Vodacom conducts its business in accordance with a Code of Practice which incorporates a procedure for customer complaint resolution. Details of such Code of Practice and procedure may be accessed by you on wwwqa.vodacom.co.za or obtained from Vodacom’s customer care department. Nothing in this Agreement is intended to prevent you from exercising any rights you may have under the Consumer Protection Act, 2008.
You hereby consent to the dispatch or transmission by Vodacom of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Vodacom if you do not wish to receive any communications for purposes of direct marketing and in this instance, Vodacom will desist from circulating any further such material to you.
You shall not transfer (whether it be by cession, assignment, encumbering or delegating) any of your rights or obligations in terms of this Agreement to any third party without the prior written consent of Vodacom.
Save as otherwise expressly provided, no addition to, variation, consensual cancellation or novation (meaning the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party) of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by or on behalf of the duly authorised representatives of both parties.
This Agreement constitutes the whole agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 22 above.
Address for Delivery of Notices
24.1 You choose as the address at which you wish to receive any correspondence or notices of a legal nature relating to this Agreement and the rendering of the Services the address set out in the application or order form to which these terms and conditions relate or such other address of which you may notify Vodacom in writing provided such address is not a post of¿ce box or other postal address.
24.2 All notices given in terms of this Agreement shall be in writing.
In the event of any one or more of these terms and conditions being unenforceable, such terms and conditions will be deemed to be removed from the remainder of this Agreement and the Agreement will remain binding and enforceable.
26. Apparatus Warranty and Guarantee
You hereby acknowledge that in the event that you are supplied with Apparatus:
26.1. and such Apparatus is a computer then it is supplied "with a Windows Operating System" but without benefit of any additional software and all applicable warranties shall be honoured by the manufacturer of the computer; and
26.2. the Apparatus is supplied with a 6 (six) month warranty of quality against defects, within the meaning of the Consumer Protection Act, 68 of 2008.
26.3. you shall not be entitled to withhold payment of any monies due under this Agreement for any reason whatsoever, including but not limited to, any dissatisfaction with the Apparatus, its operation or otherwise or any failure of the manufacture to honour any second warranty offered or any other reason whatsoever.
26.4. all user support offered in relation to a computer or laptop is provided by the manufacturer thereof and to the extent permitted by law Vodacom shall not be liable for any loss, cost, claim or damage of whatsoever nature suffered by you in relation thereto including without limitation, any failure of the manufacturer to provide same.
27. Mandatory Call Limit
1. In order to protect you from any surprises on your Vodacom bill, all Vodacom customers are subject to a monthly mandatory call limit for the first seven (7) months of your contract period.
2. The removal of the call limit may be possible after seven (7) months depending on assessment of your overall credit profile. If your account is already seven months old and an additional line is added onto your account, the limit will remain in place for a minimum of four (4) months on the additional line.
3. The call limit is prescribed by Vodacom and is set on the usage of your cellphone e.g. calls, data and SMS only.
4. You will receive threshold SMS notifications once your usage has reached the 50%, 70% & 90% mark.
5. Once your call limit has been reached, you will not be able to make calls, send Vodacom SMSs or use data until the start of the new month. You will however still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 082 135 Vodacom Customer Care line.
6. If you are consistently exceeding your limit, you may want to consider migrating to a higher tariff. Note: you may only migrate your price plan after a period of seven (7) months.
7. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.
28. Mandatory Account Limit
1. All Vodacom customers are subject to a mandatory account limit.
2. The account limit is prescribed by Vodacom and is set on the usage on your account (including the usage of all cellphone numbers linked to your account).
3. An account limit will remain unchanged for a period of six (6) months where the limit will be adjusted on a monthly basis according to your overall credit record.
4. You will receive threshold SMS notifications once your usage has reached the 50%, 70% & 90% mark.
5. Once your account limit has been reached, you will not be able to make calls or send SMSs until the start of the new month or a payment is received. You will still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 082 135 Vodacom Customer Care line.
6. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.
29. Device Warranty
1. The warranty from date of purchase lies with the relevant manufacturer for the duration of the implied warranty period between 12 and 24 months, depending on manufacturer and is subject to the manufacturer terms and conditions.
2. Kindly refer to you Manufacturer User Guide for additional information. It is advisable to keep this guide in a safe place.
3. The Computer (Laptop or Desktop) is supplied with a pre-loaded Windows Operating System, but without any additional software. Please be advised that the computer is not pre-loaded with anti-virus software and that it is your responsibility to ensure your computer is protected at all times.
4. The Computer (Laptop or Desktop) is not covered by the Vodacom Device Warranty Agreement. The warranty is provided by the manufacturer thereof. Kindly refer to Manufacturer Information Booklets that accompany the product.
5. Please refer to the Consumer Information leaflet for additional device support information.
30. Terms and Conditions applicable to Smart and Red Price Plans
18. Red+ Plans with the limitless voice benefit will be subject to the following acceptable usage policy
i. All voice usage is subject to a fair usage policy of 7500min on RED VIP+, and 4500min on RED Premium+ per month, and any extreme usage which may have an impact on the operation of our network may be monitored. Customer will receive notifications when they have 2500min remaining, and when they have 1000min remaining. When the threshold of 7500/4500 respectively is reached, outbound voice calls will be barred until such time that a voice bundle is purchased. Calls to free emergency services and/or charged international or premium rated service numbers will continue to be billed at the respective out of bundle voice rate. The counter will be reset at the beginning of each calendar month. Vodacom reserves the right to apply and implement protection measures to safeguard customers’ experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.
ii. Intelligent call routing devices and bulk calling applications are not permitted on these price plans. If the SIM card is used in a fixed location or other device to regularly make calls abusing the limitless Voice offer, the service will be suspended immediately.
iii. Vodacom reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom network.
iv. The limitless voice offer on selected RED/RED+ Price plan(s) may not be used for commercial purposes. Any use of this offer outside of what is considered reasonable for private, non-commercial use and in instances through mechanisms and means not intended for personal use or the anticipated purpose of the offer will be considered as abuse.
v. Limitless voice minutes may not be used as part of any bulk calling service for commercial or business purposes.
vi. RED/RED+ Price Plans with a limitless voice minutes are not available to WASPs and/or content providers.
19. Customers on RED/RED+ (excluding RED Select Top Up+) price plans will qualify for 2 free Data Sharing SIM cards. This includes the monthly subscription fee/s and the once-off activation fee/s.
20. The Data Sharing SIM cards will be activated when requested by the account holder.
21. Standard monthly subscription fee/s and once- off activation fees for a Data Sharing SIM will be charged for the 3rd and 4th SIM/s requested and activated.
22. Customers migrating to a price plan that does not include the free Data Sharing SIM/s will be migrated as normal, however the Data Sharing SIM cards will then be charged for monthly going forward at the applicable subscription fee for the Data Sharing SIM/s. Data Sharing SIM cards can be activated or cancelled at any time without penalty. See Data Sharing SIM card/s terms and conditions for more information.
23. The SMS carry over on Smart plans will be one month.
24. The limitless SMS option available on RED/RED+ price plans will include on net and off net national SMS.
25. The following SMSs categories shall be excluded from the limitless SMS bundle benefit:
ii. Premium rated
iii. Content services
iv. VAS services
26. The limitless SMS allocation will be available for the duration of the contract and/or while on any of the specific RED/RED+ Price Plans which offer limitless SMS as part of the standard price plan.
27. RED+ price plans with a limitless SMS allocation will be subject to the following acceptable usage policy:
i. RED+ Price Plans will have a Fair Usage Policy implemented on the limitless SMS feature of 9000 SMS messages per month. Customers will receive notifications when they have 1000 SMSs remaining, and when all 9000 SMS messages have been used, SMS message sending will be barred until such time that an SMS bundle is purchased. The counter will be reset at the beginning of each calendar month. Any extreme usage which may have an impact on the operation of our network may be monitored. Vodacom reserves the right to apply and implement protection measures to safeguard customers’ experience and the Vodacom network against abuse to ensure continuous service quality or sustainability of the service.
ii. SMSs may not be used as part of any bulk SMS sending service for commercial or business purposes.
iii. RED/RED+ Price Plans and SMS bundles are not available to WASP and content providers and cannot be used for bulk message sending.
iv. If the SIM card is used in a fixed geographic location to regularly send bulk SMSs to multiple numbers, the service will be suspended immediately.
v. Vodacom reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the Vodacom network.
vi. The limitless SMS offer on RED/RED+ Price Plan(s) may not be used for commercial purposes. Any use of this offer outside of what is considered reasonable for private, non-commercial use and in instances through mechanisms and means not intended for personal use or the anticipated purpose of the offer will be considered as abuse
28. Smart/Smart+ and RED/RED+ price plans, signed on a 24 month contractual basis, will have a term of 24 months starting from the day of activation. Upgrade or renewal is permissible in month 22 of the term. Early cancellation of the 24 month contract will incur monetary penalties calculated using the remaining term of the contract and/or device finance costs. At the end of the contractual period of 24 months, if the customer does no renew or cancel the contract, the contract will continue on a month-to-month basis until either of the afore mentioned actions takes place.
29. Smart/Smart+ and RED/RED+ price plans activated mid-month, will have their associated bundle allocations (Voice, SMS and Data), as well as the monthly subscription fee, pro-rated for that month respective of the day of activation.
30. Vodacom reserves the right to amend these terms and conditions and where such change is material, Vodacom shall provide prior written notice of such change or amendment.
31. Terms and Conditions applicable to iPhone
Please ensure that you have read through and understood the Terms and Conditions pertaining to your iPhone contract.
You will need:
• A PC / Laptop connected to the Internet
• Your iPhone 3G
• Your VODACOM SIM card
• USB cable (included in packaging)
STEP 1: Go to http://www.apple.com/itunes/download/ on your PC / Laptop Internet browser to download iTunes.
STEP 2: Select "Download iTunes Free". NOTE: You will NOT pay for the iTunes software – but may incur normal data charges for the approximately 60Mb downloaded.
STEP 3: When prompted to Run or Save the file, select Run and iTunes will be installed on your PC / Laptop.
STEP 4: Ensure that your iPhone 3G has been charged (can be charged for approximately 15 minutes to complete the activation process).
STEP 5: Insert your Vodacom SIM card into your iPhone 3G (refer to manual for instructions), switch the celphone on and enter the PIN.
STEP 6: Connect your iPhone 3G with the USB cable, to your PC / Laptop.
STEP 7: iTunes will detect the cellphone automatically and connect to the Apple database. You may be required to provide additional personal information to complete the activation process.
STEP 8: iTunes will confirm if your specific iPhone3G has the latest software installed. If not, it will ask to download / install the latest software version. Depending on your internet access / speed, this process could take up to 2 hours.
NOTE 1: The iPhone 3G cellphone activation or cellphone software upgrade process should NOT be interrupted! Disconnecting the USB cable during these processes may damage the iPhone 3G.
NOTE 2: If the iPhone 3G ever becomes ‘inactive’ (i.e. does not display the ‘icons’ after switching it on), simply activate it again.
NOTE 3: If you do not complete the activation process, your iPhone 3G will ONLY be able to make emergency calls.
32. Servicing your iPhone
Your iPhone 3G comes with a one year warranty. Please refer to the warranty information included in your iPhone 3G packaging for further details. All faults detected with your iPhone 3G must be referred to a Vodacare outlet. Dial 125VODACARE (12586322273) free from a Vodacom cellphone, to locate your nearest Vodacare outlet.
Vodacare provides a "one-stop" quality cellular repair facility to ensure that our valued Vodacom Customers are put back on the air as quickly as possible. Thus ensuring continued Customer loyalty through world class Customer Service at all times.
Our Vodacare Franchise offers both in and out of warranty repairs on all the major cellular brands that have been either supplied or distributed by Vodacom. The Vodacare technical staff have all been fully trained in accordance with the requirements laid down by the manufacturer, as well on the GSM technical and manufacturers testing equipment, and on the software upgrade systems.
In-warranty & Out-of-Box failures:
The Vodacare agent must screen the iPhone 3G for possible physical or liquid damage. If no physical or liquid damage is detected and the warranty is confirmed, you will be provided with a Replacement iPhone 3G within 48 hours of your iPhone 3G being booked in at a Vodacare outlet.
In the event that the 1-year warranty period has lapsed, or physical / liquid damage on the iPhone 3G is detected; you will be given the option to purchase a Replacement iPhone 3G from the Vodacare outlet.
o Any unauthorised repair or physical / liquid damage to your iPhone 3G voids the warranty.
o The replacement iPhone 3G is not a new unit and does not include the accessories that were initially supplied with your iPhone 3G.
o Please ensure that the replacement unit has been activated before leaving the Vodacare outlet as your SIM card needs to be paired to the replacement unit before use.
o We strongly recommend that you insure your iPhone 3G against theft or damage by contacting your Service Provider.
33. Terms and Conditions applicable to Step Up
A new clause is hereby included underneath to read as follows:
1. In the case of a Step Up Price Plan :
1.1. The Customer’s bank account will be debited between the 25th and the 28th of the month with the exception of February and the holiday months when the debit order will be deducted sooner. This will be communicated to the Customer via sms.
1.2. Upon successful debit order submission, monthly airtime will be allocated on confirmation of payment. This is done on the first day of each month for the duration of the Agreement.
1.3. Should the Customer’s debit order be rejected due to insufficient funds, the Customer will be migrated to Prepaid. In addition to the airtime value allocated to the Customer pursuant to the provisions of clause 1.1.2 above;
1.4. The Customer shall also be entitled to recharge his prepaid account at any time by utilizing any of Vodacom’s existing recharge mechanisms on such terms and conditions applicable to such recharges.
2. In the event that the customer pays Vodacom more than what is due in respect of the subscription fees, such additional amounts paid shall not be allocated to the customers prepaid account but shall either;
2.1. Be offset against the following months subscription fees; or
2.2. Be refunded, free of interest to the customer, if at the end of the term of this agreement his subscription fees are fully paid up and all his obligations hereunder have been fully discharged.
3. Each month for the duration of the agreement the customer shall be entitled to carry over to the following month the;
3.1. Unused portion of airtime value accrued pursuant to any additional recharges he may have performed; plus
3.2. Any unused portion of the airtime value accrued pursuant to the payment of the subscription fee(s), provided that any such airtime may not exceed the equivalent of 5 (five) times the subscription fees, excluding the current month, or such other period as Vodacom may specify from time to time in its sole discretion.
34. Number Portability
1. You accept and acknowlege the following
1.1. To collect any messages or any other information stored by the donor network which may be lost when the cellphone number is ported (only applicable to Network port requests);
1.2. That any credit and/or unused usage allowances will be lost when the cellphone number is ported (only applicable to Network port requests);
1.3. That you will not be able to port your cellphone number to a different network operator within 60 days from requested port date (only applicable to Network port requests);
1.4. That all products and/or services provided by the donor network/service provider may not be provided when the cellphone number is ported;
1.5. That you may still be liable in terms of any contract which you may have with the donor network and/or service provider.
Upgrade terms and conditions
- Unless specified, all cellphones on the above quotations do not include accessories (e.g. Camera's, Walk & Talks, Car kits etc).
- Special offers including discounted subscription may be subject to Call Line Identification Presentation (CLIP) R9.50 per month for the duration of the discounted subscription period, subject to change from time to time.
- Should no stock be available, the discounted subscription will still apply until delivery of the handset has been made.
35. Additional information
- Please ensure that your cellphone is insured fr the full replacement value, if you are currently insured with our insurance partners Cellsure, please contact them on 011 844 2600 or 082 1952 (free from your Vodacom number) to verify that your current insurance band covers your newly upgraded handset.
- If you have signed up on a 24 month contract you will be eligible for upgrade on the 22nd month of the 24 month contract.
- If you have signed up on a 36 month contract you will be eligible for upgrade on the 34th month of the 36 month contract.
- Kindly keep a copy of this quotation and supporting documentation for future reference.
- Only one upgrade in a 24-month period is permitted. Any additional upgrades during that period will be charged at the full retail price.
- Should you be changing to another tariff package, kindly request migration information from the Call Centre on 082 135,
36. Upgrades Terms & Conditions
The acceptance of this authorises Vodacom (Pty) Ltd:
- The upgrade date is only effective upon receipt or delivery of the goods/equipment and the package migration is only effective on the first day of the next calendar month.
- Vodacom reserves the right to charge an administrative fee of R150 for all upgrades done online. The aforementioned administrative fee shall form part of the charges in your first invoice following the upgrade.
- To extend my contract for a further 24 months upon receipt or delivery of the goods/equipment (if deal selected is a 24 month contract) from the expiry date of my
existing contract or today's date if my contract has already expired.
- To extend my contract for a further 36 months upon receipt or delivery of the goods/equipment (if deal selected is a 36 month contract) from the expiry date of my
existing contract or today's date if my contract has already expired.
- Bundle package migrations only take effect on the last calendar day of the month upon receipt or delivery of goods/equipment.
- Debit my bank account with the above amount/s. (only if the cellphone was supplied by Vodacom (Pty) Ltd).
- The Customer hereby consents to the dispatch or transmission by Vodacom (Pty) Ltd of all and any necessary communications (excluding communications for the purposes of
direct marketing as defined in the Consumer Protection Act) in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant
legislation. The Customer is entitled to inform Vodacom (Pty) Ltd if he/she does not wish to receive any communications for purposes of direct marketing and in this instance,
Vodacom (Pty) Ltd will desist from circulating any further such material to the Customer.
- For all free minutes and bundle expiration terms and conditions please refer to wwwqa.vodacom.co.za.
- Please note that on delivery you will be required to produce your green barcoded ID book or valid passport, depending what was used to create your order, for verification by our ram agents
37. Device warranty agreement
Handsets (excluding iPhone) / data cards / modems
- The warranty from date of purchase lies with the relevant handset manufacturers for the duration of the implied warranty period between 12 and 24 months, dependant onmanufacturer.
- An "Out-Of-Box Failure" (OBF) is defined as a new handset / data card / modem that is found to be technically faulty within 7 (seven) days of purchase.
- The OBF requirements are defined by the applicable manufacturers. Vodacom will operate in accordance with such requirements and specifications for devices originally purchased through the Vodacom (Pty) Ltd warehouse.
- Kindly refer to your Manufacturer User Guide for additional information. It is advisable to keep this guide in a safe place.
- Please Note: Terminology used to refer to OBF's may vary from manufacturer to manufacturer (e.g DAP - Defective After Purchase).
- Should a device not meet the OBF criteria and is in the range of devices that Vodacom Repairs are authorised to repair, the standard repair process will apply in terms of resolving the reported fault.
38. OBF terms and conditions:
1 Items must be returned within 7 (seven) calendar days from date of purchase on official invoice (proof of purchase).
2 Original invoice (proof of purchase) as received at point of sale must be supplied.
3 All handsets must be assessed by a Vodacom Repairs Technician for any faults reported by the client before being exchanged. This assessment may take up to 5 calendardays.
4 Devices that meet the OBF criteria but are faulty due to software issues (incorrect version of software) and that can be resolved by way of a software upgrade are not considered OBF at this stage in the OBF resolution process.
a. A software upgrade will be performed free of charge in an attempt to resolve the fault.
b. Should this software upgrade fail to resolve the fault and the device renders faulty within 7 days of the software upgrade and/or still within a 14 calendar day period from date of purchase/delivery, the device will be approved as an OBF.
5 All data cards must be assessed by a Vodacom Data Specialist / Vodacom Repair Technician to confirm fault/s (report may be requested) before an exchange can be made.
6 Items that qualify as OBF will only be swapped for the same make and model.
7 The original contents of the "box", (handset, original battery, original charger, original antenna, manual and any other accessories) must be complete and packaging intact / in good condition.
8 The IMEI number on the box must match the IMEI number on the device.
39. iPhone devices
1 Should your iPhone device become faulty within 1 (one) year from purchase (effective from purchase date on official invoice), it will be replaced with a unit in non-commercial packaging by Vodacom Repairs outlet, free of charge, within 7 days of receipt of the handset by the outlet. Replacement units will carry a 3 (three) month warranty if replaced in month 10, 11 or 12 of year 1 (one) from original purchase date.
2 Please note that should you need to exchange your faulty iPhone device you must retain the original box and accessories as ONLY the unit will be replaced
3 Please refer to the information leaflet contained in the iPhone device box for additional important information regarding your iPhone unit. Kindly acces http://www.apple.com for comprehensive information regarding the features and specifications of your iPhone device.
40. Laptops & desktops
1 The Computer (Laptop or Desktop) is supplied with a pre-loaded Windows Operating System, but without any additional software. Please be advised that the computer is not pre-loaded with anti-virus software and that is your responsibility to ensure your computer is protected at all times.
2 The Computer (Laptop or Desktop) is not covered by the Vodacom Device Warranty Agreeement. The warranty is provided by the manufacturer thereof. Kindly refer to Manufacturer Information Booklets that accompany the product.
- For reduced subscription contracts, once the contract term date has been reached, the contract will revert back to the conditions of a normal deal and reduced subscriptions will no longer apply.
- No Amendments to Terms and Conditions are permitted.
41. Physical damage - all devices
1 There must be no physical damage on the product or its accessories or any signs of neglect due to physical abuse, liquid damage, screen scratches, dents or marks.
Please Note: Physical damage (including seemingly trivial surface scratches, marks etc.) could result in an OBF claim being rejected. In the event that you experience a problem with your new device, you are encouraged to return it to the outlet as soon as possible to reduce the risk of an OBF rejection due to physical damage. Please ensure that you read though and understand these terms and conditions pertaining to Vodacom NEXT DAY DELIVERY service. These terms and conditions should be read in conjunction with the standard contract terms and conditions booklet (“Contract Terms & Conditions”) as if specifically incorporated therein and shall not be deemed to be a variation of or a novation of the Contract Terms & Conditions.
42. Next day delivery terms and conditions
1. All words, expressions and phrases in these terms and conditions shall have the same meanings as assigned to them under the Contract Terms & Conditions unless specifically defined in these terms and conditions or unless the context clearly otherwise indicated.
2. For the purposes of these terms and conditions the following terms shall have the meanings assigned to them below:
"Delivery Address" means the full physical address provided by the Customer for delivery of Goods, preferably the Customers’ place of work.
“Delivery times” shall mean operating business hours between 08:00am and 17:00pm.
“Day” shall mean any business day which is not a Saturday, a Sunday or a public holiday in South Africa.
“Next Day” shall mean the next business Day following the Day the customer places an order.
“The Goods” shall mean the Apparatus ordered by the Customer including all packaging and accompanying documentation.
“Outlying Area” shall mean any area outside of the main city centres.
3. The offer includes a Next Day Delivery service in terms of which Vodacom undertakes to deliver the Goods to the customer during Delivery Times.
4. Delivery will take place the Day following the Day the customer placed an order, provided that the order was placed on or before 12 0’ clock during the day. For purposes of clarity any order for Goods placed on a Friday will be delivered on the following Monday, provided the Monday is not a public holiday. Any order for Goods placed a Day before a public holiday will be delivered on the next business Day.
5. Vodacom will provide the Next Day Delivery Service subject to the application being successfully accepted and completed.
6. The Goods will be delivered during Delivery Times to the Delivery address as given by the Customer and to the Customer personally. Vodacom is under no obligation to deliver the Goods to any other address or to any other person.
7. The Next Day Delivery offer is only applicable to main city centres and excludes all outlying areas.
8. Should the Customer refuse to take delivery of the Goods or the Customer cannot be reasonably identified or located at the Delivery Address and Vodacom and/or its Courier Service Provider has made reasonable efforts to contact the Customer, any further delivery attempts by Vodacom will no longer fall within the ambit of the Service. Vodacom shall not incur any liability whatsoever to the Customer or anyone else.
9. All delivery attempts made to the Customer will be confirmed by means of a manual and an electronic calling card.
10. If the Delivery is redirected from the Delivery Address provided to Vodacom for whatever reason, delivery to the new address will not form part of the Service.
11. The Service is free. Should the Service be unsuccessful, due to no fault of the customer, Vodacom will compensate the customer with ONE month's free subscription. The one month free subscription will not be paid out as cash to the Customer but will be credited against the customer’s account with Vodacom.
12. The service is subject to the customer providing clear delivery instructions including valid and accurate information on the following :
• Delivery address (Preferably the customer’s business and/or work address).
• The Customer’s contact details (including landline and/or alternate cellphone number)
• The customer’s Email address.
13. The Customer is required to have all relevant documentation available for RICA verification prior to taking delivery of the Goods. The Customer will only take delivery of the Goods after successful completion of the RICA process. No RICA documentation. No Delivery.
14. Vodacom will take reasonable steps to ensure delivery within Delivery Times but acknowledges that delivery may be delayed to traffic delays, breakdowns and any other reason beyond the control of Vodacom and/or its Courier Service Provider. Vodacom shall be relieved of its obligation to perform the Service to the extent that performance is prevented by the failure of the Customer to comply with any of its obligations arising from these terms and conditions, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of Vodacom and/or its Courier Service Provider.
15. The Customer shall not be entitled to withhold any payment or set off or reduce any payment arising from the Contract Terms and conditions by reason of any claim which the Customer may have against Vodacom arising from the Service.
16. Vodacom reserves the right, in its sole discretion, to vary these terms and conditions. Vodacom may elect, in its sole discretion, to notify the Customer of such variation in writing or to publish such variation at its principal place of business, or on wwwqa.vodacom.co.za.
17. These terms and conditions constitute the whole agreement between the parties relating to the Service and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 17 above.
18. In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of the terms and conditions which shall nevertheless be binding and enforceable.
43. SIM Only – Terms and Conditions
1. Your subscription to the Service constitutes your acceptance of these Terms and Conditions. Vodacom reserves the right to modify the Service(s) where reasonably required and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions that prevail at a specific point in time. -
2. Customers on SIM only plans will receive their allocation of minutes, SMS and data monthly
3. Included anytime minutes may only be used for calls to SA networks anytime.
4. Inclusive minutes may not be used for calls to international numbers, premium rated IVR services, special short codes, calls while roaming in international destinations or any of the following:
I. Premium rated calls
II. Premium rated Dicon
III. Video IVR
IV. International VAS and Premium services
V. Travel Talk
VI. Conference Calls
VII. Call Sponsor (sponsored calls are charged at the sponsored party’s prevailing price plan rate)
5. Included SMS’s may only be used for SMS’s to local SA networks.
o Out of bundle rates applicable to the price plan will be applied once the customer has used the monthly allocated bundle included in the price plan.
6. Calls are billed per second.
7. Unused minutes, SMS and data will not be carried over. Customers will forfeit any minutes, SMS or data not used in the month of allocation
8. uChoose SIM Only customers have access to certain VAS offers and services which Vodacom reserves the right to discontinue
9. SIM only tariffs do not include a handset
10. SIM only tariffs are available on a 24 month contract basis only
11. Customers must ensure that the SIM is used in a suitable device to be able to consume the relevant monthly allocation. Unused allocations will not be refunded or carried over by Vodacom.
12. The Vodacom SIM may only be used for the purpose intended. Credits may not be exchanged for cash or used to pay for any other services or fees due to Vodacom or any of its Service Providers.
13. The Vodacom SIM received with the SIM only price plan is not permitted to be used in Least Cost Routing or Community Phone applications. Vodacom reserves the right to terminate any SIM Only subscription should such abuse be detected and Vodacom reserves the right to charge for VOIP events on selected price plans at applicable rates.
14. Normal upgrade and migration rules will apply If a SIM only customer migrates to a lower priced SIM only price plan, the customer will be charged downward migration fee as per Vodacom policy.
15. SIM Only Terms and Conditions should to be read in conjunction with the Master Airtime Agreement
Neither Vodacom (Pty) Ltd nor Vodacom Group (Pty) Ltd its officers, employees and/or agents (“Vodacom”) and TCL Communication Technology Holdings Limited, its subsidiaries, its officers, employees and/or agents (‘TCL”) shall, under any circumstances whatsoever, be held liable in the event that any of the functionalities of the MOVETIME Family Watch or related Application (the App) fail to operate, run or function as stated. These functionalities include but are not limited to the GPS tracking, the ability to call and / or sms pre-programmed numbers, and sending or receiving the SOS notification. By wearing or using the MOVETIME Family Watch and / or the App, I hereby indemnify and hold Vodacom and/or TCL harmless for any loss or damage of whatsoever nature including but not limited to damage to property and/or injury, or death occasioned to or suffered as a result of the failure of the MOVETIME Family Watch functionalities to function, run or operate as stated.