CALLALL’S STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF TELECOMMUNICATION SERVICES
These standard terms and conditions, as amended by CallAll from time to time are applicable to the provision and use of all telecommunication services and facilities provided by CallAll to customers.
November 2009
1. DEFINITIONS
1.1 Words importing the singular shall include the plural and vice versa. Words denoting persons shall include legal entities and unincorporated associations of persons, and vice versa.
1.2 The headings in these conditions shall not affect their interpretation.
2. USE OF SERVICES
2.1 The customer acknowledges and agrees that he/she shall at all times comply with the conditions and all statutory and regulatory provisions and requirements relating to the provision and use of the service, including, without limitation, obtaining any licence that may be required and using the service in accordance with such licence.
2.2 The provision of any service to the customer does not confer on the customer any right to use the service or any element thereof, or to make these available to other parties.
2.3 The customer shall not resell capacity on any telecommunication facility obtained from CallAll or cede or assign his/her rights to use the telecommunication facility, or sublet or otherwise part control of it, without CallAll’s written consent.
2.4 The customer shall not do anything or omit to do anything or allow anything to be done or omitted which infringes CallAll’s rights to provide a Telecommunications service under the I-ECNS Act.
2.5 The customer shall
a. comply with any instructions issued by CallAll which concern the customer’s use of the service, and which may be required to ensure the satisfactory provision of the service;
b. provide CallAll with all information relating to the customer’s use of the service, or matters related thereto that CallAll may reasonably require from time to time.
2.6 CallAll reserves the right to change any number within the existing numbering plan, code, password, user identity or name allocated by CallAll from time to time for use in connection with the service and CallAll shall not be liable for any loss or damage (including consequential damages) arising from such change however arising.
3. CHARGING AND BILLING
3.1 Charges CallAll will levy charges for the provision of services, in accordance with rates as determined by CallAll from time to time, as displayed on CallAll’s website. Any or all of the following charges may be levied for the provision of a service or of any element thereof:
a. service charge: levied on each occasion for the provision of miscellaneous services requested by the customer;
b. call charges: levied on the use of a service or on any element thereof, where such use is metered. Calls are metered from the moment that a connection is established up until the moment it is terminated. Call charges are billed to the customer at the end of each billing period and are payable on the due date of the account.
3.2 Billing CallAll will bill for the service on an upfront basis, at the rates prescribed on the CallAll website, which may be amended at CallAll’s discretion.
3.3 Payments The customer is liable for the payment of all charges generated through use of the CallAll Service, as reflected in the customer’s telecommunications service provider account.
4. SUSPENSION OR TERMINATION OF SERVICE
4.1 Suspension CallAll may from time to time and without prior notice suspend the service at its discretion or for the following circumstances:
a. for modifications to, or planned maintenance of the CallAll platform, provided that CallAll will use its reasonable endeavours to inform customers of any planned interruption to a service, and to resume the service as soon as is practicable;
b. if the customer has for any reason not paid any amounts due to CallAll for the service, in which case CallAll may also suspend any other service provided to the customer.
4.2 Termination
4.2.1 Without prejudice to any other claims or remedies which CallAll may have in terms hereof or in law, CallAll may terminate a service summarily without notice
a. if the customer uses the service that is not approved by the Telecommunications Authority for such use;
b. if the customer has received a service as a result of fraud or misrepresentation;
c. if the customer uses in connection with the service equipment that belongs to CallAll and that has been obtained illegally by the customer;
e. if the customer does or allows to be done any act or omission which in CallAll’s opinion will or may have the effect of negatively affecting the operation of the service;
f. if the customer is using, or permitting the use of, the service or of any element thereof for any illegal purpose or in contravention of any Act of Parliament;
g. if CallAll has been instructed to do so by any authority competent to issue such instruction, or
h. for any other reason incidental to a to g inclusive.
5. LIABILITY AND INDEMNITY
5.1 Liability
5.1.1 CallAll shall not incur any liability for any loss or damages to the property of the customer or injury to the customer, arising out of the provision, of the service, whether direct or indirect, consequential or contingent and in particular shall not be liable for any financial loss or loss of profits, income, contracts, business or goodwill.
5.1.2 CallAll shall not be liable for any costs arising out of the use of the service or for any cost incurred by the customer or its clients as a result of a modification to the service or any element thereof, or for an interruption to the service, for any reason whatsoever, nor shall CallAll be liable for any costs or damages arising out of the termination of the service.
5.1.3 CallAll assumes no responsibility for the integrity, correctness, retention or content of information transported via its service network and shall not be liable in such events.
5.1.4 CallAll reserves the right to make at any time any modification of any type to the service and shall under no circumstances be liable to the customer, or its clients, for any claim for damages, or the cost of changes. CallAll shall, however, use its best endeavour to notify the customer of any modification to the service which could affect the customer.
5.2 Indemnity The customer indemnifies and holds CallAll harmless against any losses, damages, expenses and/or costs that the customer may incur as a result of claims and/or actions by third parties (including but not limited to dependants, clients, employees, agents and for any loss sustained by such third parties) arising from the installation and provision of the service.
6. MISCELLANEOUS PROVISIONS
6.1 Excusable events Except as specifically provided in these conditions, CallAll shall not be liable to the customer for any breach of these conditions or failure to perform any obligation as a result of any force majeur event, including but not limited to technical problems relating to CallAll’s telecommunications network, acts of God, Government controls, restrictions or prohibitions or any other Government act or omission, whether local or national, any act or default of any supplier, agent or sub-contractor, industrial disputes, strikes or work stoppages of any kind or any other similar or dissimilar cause, in so far as these are beyond CallAll’s control.
6.2 Indulgence and relaxing The failure of CallAll to enforce at any time any of the conditions or any part thereof, or any right with regard thereto, shall in no way be construed to be a waiver of the provision of such condition or to be an estoppel or novation or in any way to affect the validity of such condition. Any indulgence towards the customer or the relaxing of the provisions of a condition shall not prejudice the right of CallAll to insist on the strict compliance by the customer of its undertakings and obligations in terms of these conditions.
6.3 Intellectual property rights
6.3.1 Any intellectual property rights vesting in CallAll, whether by statute or common law, shall remain vested in CallAll and the customer agrees not to do anything or allow anything to be done that may infringe CallAll’s rights in this regard.
6.3.2 The customer hereby indemnifies CallAll against any claims, actions and proceeding that may arise in connection with any intellectual property rights vesting in CallAll.
6.4 Jurisdiction CallAll and the customer consent to the jurisdiction of the Magistrate’s Court in respect of the settlement of any dispute and/or claim arising between them, notwithstanding that the claim or amount in dispute or the value of the matter in dispute might otherwise exceed the jurisdiction of such Court.
7. CUSTOMER ASSISTANCE AND COMPLAINTS
7.1 Customer assistance and complaints handling procedure Where a customer is not satisfied with the provision of a service or the charging and billing thereof, the customer may lodge a complaint with CallAll via emailing support@CallAll.co.za, as the case may be, in respect of which CallAll undertakes that it shall to the best of its ability attempt to resolve it within thirty (30) days of notice to and acknowledgement by CallAll.
8. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of Regulation of Interception of Communications and Provision of Communication-related information Act (RICA), 70 of 2002, the Subscriber acknowledges the Service Provider’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted via the Service Provider’s network. RICA may be accessed from http://www.info.gov.za/acts/2002/a70-2002.