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Vodapay Vending Terms and Conditions

1. ACCEPTANCE AND DURATION

1.1. By electronically accepting the Terms and Conditions, the Reseller hereby confirms that they have read and understood the meaning and effect of its corresponding rights and obligations.

1.2. These Terms and Conditions will become binding upon both Parties when the Reseller accepts them on the digital channel on which they appear and shall remain in force and effect until terminated in terms of the provisions set below.

1.3. These Terms and Conditions may be terminated:

1.3.1. by either Party on Calendar Month written notice to the other Party; or

1.3.2. if the Resellers has committed a material breach.

2. DEFINITIONS AND INTERPRETATION

2.1. The following terms have the following meanings, namely:

2.1.1. Applicable Laws means all applicable laws, rules, codes, regulations, and formal regulatory guidelines and standards, made by a Regulator, legislature or other public authority with binding effect in force from time to time (construed having regard to related guidance and codes of practice issued or approved by a Regulator or other public body) and applicable to a Party and relevant to this Terms and conditions;

2.1.2. Business Day or Business Days means any day other than a Saturday, Sunday or a public holiday recognised as such under the Public Holidays Act 26 of 1994 as amended from time to time;

2.1.3. Calendar Month means each of the twelve named periods into which a year is divided, commencing on the 1st day of that month and ending on the last day i.e. the 28th; 29th; 30th or 31st day as the case may be;

2.1.4. Confidential Information means, in relation to a party, any information of a confidential and/or commercially sensitive nature, howsoever obtained or received and whether or not marked confidential, including (i) all records, files, analysis, documents, software, computer or electronic data disks or tapes, test data, printouts, processes, designs, file layout, technical bulletins, manuals, diagrams, formulas, research, inventions, patents and discoveries reasonably related to the Parties’ businesses or products and services of the Parties that have not been publicly released, (ii) technical, financial, business plan or customer information, including standard periodic financial statements and analyses, budgets, tax returns, benefit and compensation plans, customer list(s) and contact names, functional and technical specifications; and (iii) other valuable information disclosed by one of the Parties to the other, in whatever form;

2.1.5. Customer means the consumer that purchases the Product from the Reseller;

2.1.6. Force Majeure means any circumstance not within a Party's reasonable control including acts of God, flood, drought, earthquake or other natural disaster, an event of fire, lightning, explosion, flood, hurricane, act of God, war, terrorism, civil disorder, epidemics, plagues, any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause) provided in all cases that the Affected Party has taken all steps and precautions which could reasonably be expected for it to have taken in order to prevent such act or event occurring and in order to mitigate and minimise the effects of the event;

2.1.7. Infrastructure means information technology and telecommunications infrastructure and systems, including computer and telecommunications networks, equipment, hardware, software, middleware, firmware, data, databases, peripherals, terminals and components;

2.1.8. Intellectual Property means all intellectual property rights of whatever nature (whether registered or unregistered) including, without limitation, all rights of copyright; compilations, collections and databases; computer programs (including the source and object code thereof); mask works, invention rights, patents; trademarks; designs; know-how; trade secrets, internet domain names and/or web site addresses; applications for registration of any of the foregoing and the right to apply for registration, and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

2.1.9. Parties means VPS and the Reseller and “Party” shall refer to either of them as determined by the context;

2.1.10. Personnel means the individual partners, directors, officers, employees, representatives, agents, independent contractors, subcontractors, suppliers, advisors, licensors, product providers and service providers of a Party;

2.1.11. Products means the bill payment and prepaid products and other products that the Reseller shall be able to purchase using the Vodapay System from time to time in terms of these Terms and Conditions as set out in Annexure A of these Terms and Conditions and as designated by VPS;

2.1.12. Product Terms means the terms and conditions relating to each Product that are set out in Annexure A of these Terms and Conditions;

2.1.13. Reseller means the person that makes use of the Vodapay System;

2.1.14. Supplier means a third party that supplies the Products to the Reseller;

2.1.15. Terms and Conditions means the terms and conditions set out in this document together with any Product Terms;

2.1.16. Vending Fee means a fee prescribed by VPS and payable by the Reseller for using the Vodapay Vending Account;

2.1.17. Vodapay System means any Infrastructure that may be provided by VPS from time to time to enable the Reseller to access and sell the Products;

2.1.18. Vodapay Vending Account means an account created and prefunded by the Reseller on the Vodapay System for the purpose of purchasing Products;

2.1.19. Voucher means the electronic vouchers supplied by VPS to the Reseller that are offered as a prepaid certificate and used to redeem Products supplied by the Supplier

2.1.20. Voucher Validity Period means the period in which the Voucher shall be valid to use on the Vodapay System to purchase Products which period shall be 3 (three) years from the date that the Reseller purchases the Voucher or any other period as may be prescribed by the Applicable Laws;

2.1.21. VPS means VPS the company with registration number 2007/010688/07;

2.1.22. VPS Bank Account means a bank account opened and managed by VPS as identified by VPS to the Reseller from time to time;

2.1.23. VPS Intellectual Property means all Intellectual Property owned or used by VPS at any time;

2.2. Clause headings are simply for convenience and are not relevant in the interpretation thereof.

2.3. Any reference to a natural person shall, where relevant, shall hereby also include a legal entity and vice versa.

2.4. Unless a contrary intention appears, words importing: any one gender include the other two; the singular includes the plural (and the converse shall apply); natural persons include legal entities (corporate or unincorporated) and the state (and the converse shall apply).

2.5. References to a statutory provision include any subordinate legislation made from time to time under that provision and any modification or re-enactment of such provision, as far as such modification or re-enactment applies, or is capable of applying, to these Terms and Conditions or any transaction entered into in accordance with these Terms and Conditions.

2.6. If a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, notwithstanding that they are contained in a definition.

2.7. if there is any conflict between any definitions in these Terms and Conditions then, for purposes of interpreting any clause of the terms and conditions or paragraph of any Annexure, the definition appearing in that clause or paragraph shall prevail over any other conflicting definition appearing elsewhere in the Terms and Conditions.

2.8. No rule of construction shall be applied to the disadvantage of a Party to these Terms and Conditions because that Party was responsible for or participated in the preparation of these Terms and Conditions or any part of it.

2.9. The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (i.e.the eiusdem generis rule) shall not apply.

2.10. The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

2.11. Unless 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.

2.12. Where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day.

2.13. Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (i.e.pro non scripto) and severed from the balance of these Terms and Conditions without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provision.

2.14. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which by their nature, or which are expressly provided to, operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this. Without derogating from or limiting the foregoing, clauses which are by their nature intended to endure beyond the termination or expiration of these Terms and Conditions shall continue in full force and effect after expiration or termination of these Terms and Conditions.

2.15. Technical terms that are not defined in this clause2 have the generally understood meaning in the financial services industry.

3. THE VODAPAY SYSTEM

3.1. In order to access the Vodapay System, the Reseller must be successfully onboarded, as a Vodacom point of sale (POS) merchant, on the Vodacom SMME portal and accept the POS terms and conditions.

3.2. VPS shall advise the Reseller on how to access the Vodapay System depending on the device that the Reseller will receive.

3.3. The Reseller will be required to accept these Terms and Conditions when accessing the Vodapay System in order to access any of the Products.

3.4. The Products and all Product Terms shall be made available to the Reseller on the Vodapay System.

3.5. VPS reserves the right to amend any of the Products and Product Terms on the Vodapay System by notifying the Reseller on the Vodapay System. It is the Reseller’s obligation to familiarise itself with any amendments to the Products and/or the Product Terms prior to using the Product.

3.6. The Reseller shall activate and maintain a Vodapay Vending Account.

4. PRODUCT TERMS

4.1. The Reseller is required to accept the Product Terms prior to accessing or using any of the Products.

4.2. VPS may add Product Terms as and when new Products become available on the Vodapay System and will make the Reseller aware of such amendments or updates.

4.3. The Product Terms together with any amendments thereto shall be incorporated into these Terms and Conditions upon acceptance by the Reseller.

5. DORMANCY

5.1. If the Merchant does not use the Acquiring Service the Merchant procured from VPS for 2 (two) consecutive Calendar months, the Merchant’s Acquiring Services will be regarded as dormant. VAS comes as part of a value add but the acquiring ruling takes precedence.

5.2. When the merchant service is dormant, VPS reserves the right to do the following:

5.2.1 suspend the Service and products immediately without prior notice, which means that the Value-Added Services will be automatically deactivated.

5.2.2. terminate the Agreement immediately without prior notice and without prejudice to any other rights in law.

5.2.3. hold the Merchant liable and debit the Merchant's Bank Account and apply set-off for all Fees and VPS may further rely on any of the remedies available by law.

6. VOUCHERS

6.1. The Reseller shall purchase a Voucher on the Vodapay System.

6.2. The Reseller shall be able to buy Products from the Supplier up to the value of the Voucher it may have from time to time by means of electronic funds transfer into the VPS Bank Account using a unique Reseller reference number and payment methods indicated to the Reseller in writing.

6.3. The Reseller shall only be able to redeem the Voucher by purchasing the Products on the on the Vodapay System.

6.4. All Vouchers shall be valid for the Voucher Validity Period after which the Voucher shall expire and shall not be capable of being used to purchase Products.

6.5. The Reseller shall not be entitled to any refund of a value of a Voucher that is expired. The Reseller acknowledges that it shall forfeit all balances of Vouchers that are not redeemed within the Voucher Validity Period.

6.6. VPS shall not be liable for any Vouchers that the Reseller may have purchased in error. VPS shall also not be held liable for any incorrect information that the Reseller may supply when purchasing the Vouchers.

6.7. The Reseller shall be able to purchase Products on the Vodapay System that are less than the total value of the Voucher in which case the balance of the Voucher shall remain valid for the remainder of the Voucher Validity Period.

6.8. The Reseller may purchase more than one Voucher at any given time and the cumulative balance of all Vouchers shall be displayed via on the Vodapay System from time to time.

6.9. The Vouchers shall be non-transferable and can only be redeemed by the Reseller that purchased the Voucher.

7. TRANSACTION PROCESSING

7.1. The Reseller shall offer the Products set out in Annexure A to the Customer.

7.2. VPS shall process the request for the purchase of the Product via the Vodapay System and send to the Supplier for processing and acceptance.

7.3. VPS shall verify that the Reseller has a sufficient balance in their Vodapay Vending Account to satisfy the purchase that the Reseller wants to process.

7.4. Prefunding of the Vodapay Vending Account will attract a Vending Fee which will be deducted from the available balance in the Vodapay Vending Account.

7.5. If the Reseller does not have enough Vouchers, the Supplier shall decline the transaction and the Reseller will be informed via the Vodapay System of the decline.

7.6. If the transaction is declined for any reason whatsoever, the Reseller may contact the VPS support centre on 0800 00 0654.

7.7. All transactions shall be processed based on the information supplied by the Reseller. The Reseller therefore warrants that all information entered into the Vodapay System shall be true and accurate. VPS shall not be held liable for any loss or damage suffered by the Customer or the Reseller as a direct or indirect result of the Reseller supplying false information on the Vodapay System.

7.8. VPS shall not be held liable for any loss suffered by the Reseller or the Customer as a direct or indirect result of any fraudulent activities by the Reseller or its Personnel.

7.9. The value of each purchase by the Reseller shall immediately be deducted from the Reseller’s Vodapay Vending Account.

8. RESELLER’S OBLIGATIONS

The Reseller undertakes to:

8.1. purchase enough Vouchers to purchase the Products from the Supplier;

8.2. use and continue to have and maintain the required Infrastructure in order to make use of the Vodapay System;

8.3. comply with all the Applicable Laws;

8.4. read and comply with all the Products;

8.5. provide VPS with all reports and documents or information as may be required by VPS or in terms of any Applicable Laws;

8.6. make sure that all the Reseller’s Personnel who use Vodapay System or process the transactions relating to the Products are sufficiently trained and skilled to do so;

8.7. display promotional and brand material that VPS may supply to the Reseller from time to time in such a way that the public can clearly see that the Reseller offers the Products;

8.8. respond promptly to inquiries/complaints from Customers relating to the Products;

8.9. co-operate, communicate and/or interact with the VPS Personnel to the extent necessary for the purposes of putting into effect the terms and conditions of these Terms and Conditions; and

8.10. all times, effect and maintain at its own expense, adequate insurances as may be required by VPS or by Applicable Law.

9. VPS’ OBLIGATIONS

VPS undertakes to:

9.1. provide the Vodapay System to the Reseller together with all the related Vodapay System Documents;

9.2. provide support related to the Vodapay System during the operating hours communicated by VPS from time to time to the Reseller;

9.3. will provide the Reseller with the necessary Infrastructure and capability to be able to request and receive the Products from VPS;

9.4. facilitate the necessary payment for the Products by debiting the Reseller’s Vodapay Vending Account with the Product price. For this purpose the Reseller hereby authorises VPS to deduct all amounts due from the Reseller’s Vodapay Vending Account.

10. AUDIT AND INSPECTION RIGHTS

10.1. The Reseller shall, and shall ensure that each of its Personnel shall, keep complete and accurate books and records relating to the performance of these Terms and Conditions.

10.2. The Reseller grants, and shall ensure that each of its Personnel grants, to VPS and to its authorised agents and any statutory auditors (each a “Permitted Auditor”), a right of access to the Reseller’s Personnel, systems (including the Reseller Portal), service records, retrieval systems and any other information that the Permitted Auditor may reasonably consider to be necessary in order to assess the adequacy of the Reseller’s compliance with Applicable Laws and the provisions of these Terms and Conditions (“Compliance Audit”). A Compliance Audit may be carried out only in normal working hours, on reasonable prior written notice provided that a Compliance Audit can be performed more frequently if VPS has reasonable grounds to believe that the Reseller has not complied with Applicable Laws.

10.3. The Reseller shall, ensure that each subcontractor, deal with all Regulators and Permitted Auditors in an open and co-operative way.

10.4. VPS shall use reasonable endeavours, if and to the extent within its control, to ensure that persons conducting that audit shall comply with the Reseller's reasonable health and safety and security requirements and confidentiality obligations.

10.5. Each Party shall use reasonable endeavours to minimise any disruption to the operations of the Reseller caused by an audit.

10.6. Following an audit, VPS shall discuss its findings with the Reseller and, if appropriate, but without prejudice to VPS's other rights and remedies, the Parties shall agree to a plan (including a timetable to implement the plan) to address any concerns identified in the audit and the Reseller will comply with the steps set out in that plan.

11. DISPUTES AND REFUNDS

VPS shall not be liable for any Customer disputes, or refunds. The Reseller shall manage all Customer disputes directly with the Customer.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. The Reseller acknowledges that if VPS makes available to the Reseller any Intellectual Property Rights owned or licensed by VPS, those Intellectual Property Rights are and shall remain the sole property of VPS.

12.2. VPS hereby grants a non-exclusive, non-transferable, sub-licensable, royalty-free licence to the Reseller to use Intellectual Property Rights owned or licensed by VPS solely to the extent necessary for the receipt and use of the Service pursuant to these Terms and Conditions.

12.3. Unless expressly permitted in these Terms and Conditions, the Reseller agrees that the Reseller will not (nor will the Reseller allow or enable any third party to) do, cause or attempt any of copying, modifying, duplicating, creating derivative works from, framing, mirroring, republishing, downloading, displaying, transmitting, or distributing all or any portion of the VPS Intellectual Property in any form or media or by any means.

12.4. In the event of the Reseller becoming aware of any infringement of Intellectual Property by VPS or of any unauthorized use of the VPS Intellectual Property, the Reseller shall inform VPS thereof, in writing. To the extent necessary and applicable, VPS shall, at its discretion, stop providing any infringing material and/or may replace the infringing material or may cancel these Terms and Conditions and refund the Reseller accordingly.

13. WARRANTIES

13.1. The Reseller warrants to VPS that:

13.1.1. the Reseller are eligible to register and use the Vodapay System and sell the Products and have the right, power, and ability to enter into and perform under these Terms and Conditions;

13.1.2. any Transaction submitted by the Reseller will represent a genuine sale by the Reseller;

13.1.3. the Reseller will resolve any Customer dispute or complaint directly with the Customer;

13.1.4. the Reseller shall comply with the Applicable Laws;

13.1.5. the Reseller will not use the Vodapay System, directly or indirectly, for any fraudulent undertaking.

13.2. To the extent permissible by Applicable Laws, VPS does not warrant that:

13.2.1. any defects or errors in the Vodapay System will be corrected; or

13.2.2. that the Vodapay System or Infrastructure are free of viruses or other harmful components.

14. LIMITATION OF LIABILITY

14.1. To the maximum extent permitted by Applicable Law, VPS (and its respective employees, shareholders, directors, agents, affiliates and representatives, in whose favour this clause is a third party stipulation, capable of acceptance in writing at any time) shall be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, for any reason whatsoever.

14.2. The Reseller specifically acknowledge that VPS does not have any control over whether all the Reseller’s transactions will be completed.

14.3. The use of any electronic means of communication is entirely at the Reseller’s risk.

14.4. This clause does not exclude or limit any liability which, by law, is not capable of exclusion or limitation.

15. ADDRESS FOR SERVICE

13.1. VPS nominates the address set out below as the address it will receive all communications required in terms of these Terms and Conditions –

Physical: Corporate Park 082, Vodacom Boulevard, Vodavalley, Midrand, 1685.

Postal: Corporate Park 082, Vodacom Boulevard, Vodavalley, Midrand, 1685.

Email: [email protected]

13.2. The Reseller confirms the address it will receive all communications required in terms of these Terms and Conditions as provided during the registration process on the Vodapay System online.

14. GOVERNING LAW AND SUBMISSION TO JURISDICTION

14.1. These Terms and Conditions will be governed at all times by the substantive laws of South Africa.

14.2. The Reseller agree that any legal action or proceedings arising out of or in connection with the terms of these Terms and Conditions, whether directly or indirectly, will be brought in any competent court in the High Court of South Africa (South Gauteng High Court).

15. CONFIDENTIAL INFORMATION

15.1. The Confidential Information shall at all times and until otherwise agreed by the Parties remain the sole property of that Party disclosing it (the “Disclosing Party”) and the Party receiving it (a “Receiving Party”) shall take appropriate security measures and keep the Confidential Information in such a way as to prevent its unauthorised disclosure. Without limiting or derogating from either Parties’ rights under these Terms and Conditions, the Parties understand and agree that they are liable for damages arising to an injured party from unauthorized disclosure of the Confidential Information.

15.2. Save for instances in which the Disclosing Party has given prior written consent, each Party understands that it and its representatives (as defined below)) may only use Confidential Information for the purposes of these Terms and Conditions and may only disclose the Confidential Information:

15.2.1. to those of its Personnel and the Personnel of its Affiliates (“representatives”) who need to know the same for the purpose for which it was shared on the basis that such representatives will be bound to hold all Confidential Information in confidence to the standard required under these Terms and Conditions and any breach of any of the terms of these Terms and Conditions by any such person or any other person to whom the Confidential Information is disclosed by the Receiving Party will be treated as if the Receiving Party had committed the breach;

15.2.2. As required by law or by any regulation or similar provision or by any competent regulatory authority. In these circumstances, the Receiving Party shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and practical to do so) so that the Disclosing Party has sufficient opportunity (where possible) to prevent or control the manner of disclosure by appropriate legal means.

15.3. The restrictions on disclosure or use of the Confidential Information set out in clause15.2 above will not apply to:

15.3.1. any information which is generally available to the public, other than as a result of a breach of these Terms and Conditions;

15.3.2. any information which the Receiving Party possessed prior to disclosure by the Disclosing Party and where the Receiving Party was at the time of such disclosure free to disclose that information to others; and

15.3.3. any information independently originated by the Receiving Party or acquired by the Receiving Party from a third party in circumstances in which the Receiving Party is free to disclose it to others.

15.4. The Reseller shall not issue any publications, press releases, notices or provide VPS as a ‘reference site’ in any of its marketing and/or materials and/or activities unless VPS has given its prior written consent.

15.5. The Reseller understands and agrees that VPS may provide the Issuing Bank and other VPS affiliates with full and detailed accounts and records of all Statements, Transactions, carried out, including Payment Instructions, pursuant to these Terms and Conditions.

15.6. The Reseller understands and agrees that VPS may share the details regarding the Transactions with the VPS Personnel, agents, and Third Party Service Resellers for training, research, analysis and operational business purposes, in accordance with the VPS Privacy Policy.

15.7. The provisions of this clause15 shall survive the termination or expiration of these Terms and Conditions.

16. ENTIRE TERMS AND CONDITIONS

16.1. This terms and conditions validly entered into, represent the entire terms and conditions between the Parties relating to the subject matter of these Terms and Conditions and shall supersede and replace all prior oral and written understandings regarding the subject matter.

16.2. Each Party acknowledges that in entering into these Terms and Conditions it has not relied on any express or implied representation, warranty, collateral contract or other assurance (except those set out in these Terms and Conditions and the documents referred to in them) made by or on behalf of any other Party at any time before the date of this Terms and conditions. Each Party waives all rights and remedies which, but for this clause 17.2, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance. Nothing in this clause 17.2 shall operate to limit or exclude any liability for fraud.

16.3. The Reseller will not be entitled at any time to transfer any of the Reseller’s rights or any of the Reseller’s obligations set out in these Terms and Conditions without VPS’ written notice.

16.4. VPS will, at all times, be entitled to exercise its rights to the fullest in terms of these Terms and Conditions, even if it has previously not exercised such rights.

17. SEVERABILITY

If at any time any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect, that provision shall be deemed severed from that terms and conditions but the validity, legality and enforceability of the remaining provisions of that terms and conditions shall not be affected or impaired thereby.

18. WAIVER

18.1. The rights of each Party under these Terms and Conditions:

18.1.1. may be exercised as often as necessary;

18.1.2. are cumulative and not exclusive of rights or remedies provided by law; and

18.1.3. may be waived only in writing and specifically.

18.2. Delay in exercising or non-exercise of any such right is not a waiver of that right.

18.3. No waiver (whether express or implied) by any of the Parties of any of the terms of these Terms and Conditions or of any breach of or default by the other Party in performing any of those terms shall be deemed a waiver of any preceding or succeeding breach of the same or any other term.

19. RELATIONSHIP BETWEEN THE PARTIES

19.1. This terms and conditions shall not constitute the Reseller as an employee or partner or agent of VPS. The Reseller’s Personnel shall under no circumstances be construed as the Personnel of VPS. The Personnel of VPS shall similarly not be construed as Reseller’s Personnel.

19.2. The Reseller shall not at any time hold itself out to any third party as an employee or agent or partner of VPS or as being in any way authorised by VPS to bind VPS in any manner to any contracts, and shall ensure that the Reseller’s Personnel shall likewise not do so or cause the Reseller to be in breach of this clause20.1. The Reseller hereby indemnifies VPS and holds VPS harmless from and against any liability arising out of or in connection with any breach of this clause20.

20. AMENDMENTS

20.1. VPS may amend these Terms and Conditions and/or any Product Terms upon written notice to the Reseller. The Reseller shall have the opportunity to electronically accept the amended Terms and Conditions on the Vodapay System.

20.2. The Reseller shall not be able to continue using any of the Products unless it has accepted the updated Terms and Conditions or Product Terms.

20.3. Any amendments or additions to the Product Terms shall be incorporated into these Terms and Conditions.

ANNEXURE A: PRODUCT TERMS

VALUE ADDED SERVICE (VAS) PRODUCTS

  1. Prepaid Electricity And Water
  • VPS will present you with your prepaid electricity or water token within 5 minutes of a successful transaction. You acknowledge and accept that there may be a delay between VPS and any of the third parties involved in the successful conclusion of your prepaid electricity or water purchase.
  • Although VPS will endeavor to complete most purchases within 5 minutes, VPS does not in any way guarantee a turnaround time.
  • Should you not receive your prepaid electricity or water token within 5 minutes or for any queries about the service the Reseller can call 0800 00 0654.
  • All transactions must be in Rand amounts, no cent amount will be processed.
  • VPS does not determine the number of units to be allocated with prepaid electricity or water purchase, the determination lies with the Customer’s municipality.
  • The Customer must contact its municipality for queries relating to unit allocation.
  • If the Customer’saccounts and you use the Service, you may receive less value or no value if the amount you are purchasing for equals or is less than the arrears amount.
  1. Bill Payments
  • VPS will endeavor to facilitate your bill payment within reasonable time. VPS cannot in any way guarantee a turnaround time for handling and posting payments by the Supplier.
  • The Customer must contact the Supplier for further assistance should their bill not be updated within reasonable time.
  • Only those Suppliers registered with EasyPay are enabled for this Product.
  • VPS will present only those bill details as provided by the Supplier and it is the Customer’s responsibility to contact the Supplier directly if they have any queries with regards to the details presented. This Product is NOT a bill presentment facility and therefore will display the amount due. This amount cannot be altered.
  • It is the Customer’s responsibility to confirm the bill details prior to making a payment. VPS will not be liable for any loss suffered due to incorrect information that was supplied by the Customer or Reseller, including but not limited to: the incorrect cell number, bill/account number or amount.
  1. Mobile Products (Airtime And Bundles)
  • This Product is for the purchase of prepaid mobile products such as Airtime/Data/SMS/Voice and Data bundles across all mobile networks.
  • The list of available mobile products is controlled by the mobile network providers and is subject to change by VPS.
  • Although VPS will endeavor to complete your recharge within 5 minutes, VPS does not in any way guarantee a turnaround time.
  • Should the Customer not receive his/her direct top-up within 5 minutes or for any queries about the service the Customer can call 0800 00 0654 or contact his/her mobile network provider.
  • All transactions must be in Rand amounts, no cent amount will be processed.
  • It is important that the Customer should enter the correct cell phone number for this service. VPS will not be liable for any loss suffered due to incorrect information that was supplied by the Customer or Reseller.
  • VPS does not determine the rules related to the value, validity and use to be purchased mobile product, the determination lies with the mobile network.
  1. Commission payable to Reseller per transaction
  • For more detail please contact support on 0800 000 654.