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Standard and Premium Rated SMS
Terms and Conditions
1.
Introduction
1.1 Memorandum of agreement
The
customer shall comply with these terms and conditions and shall continue to be
bound by the memorandum of agreement. In the event of any conflict or
inconsistency between the provisions of the memorandum of agreement, these Standard
and Premium Rated SMS terms and conditions (“the terms and conditions’), and/or
in the Code of Conduct, and/or in the customer advertising rules (unless
specifically and expressly otherwise provided in the memorandum of agreement), the
provisions of the customer agreement shall prevail followed by these terms and conditions,
the WASPA Code of Conduct, then WASPA’s advertising rules.
The
phrases used in these terms and conditions shall, unless the context clearly
indicates otherwise, have the same meaning as assigned to them in the memorandum of agreement. It is
recorded that the definition of “the Applications” in the memorandum of
agreement shall be deemed to include Standard and Premium Rated SMS.
1.2 Application
/ vetting criteria
Prior
to the Customer being permitted to make use of Standard and Premium Rated SMS
(and at all times after approval from Vodacom may have been obtained), the customer
shall be required to adhere to Vodacom’s prerequisites, including but not
limited to the following:
1.2.1
Standard and Premium
Rated SMS will only be available to customers who have a memorandum of agreement
with Vodacom.
1.2.2
The customer must have a sound track record
in terms of revenue generation and sustainability must be proven.
1.2.3
The customer must never have been declared insolvent or be undergoing
debt counselling or debt review.
1.2.4
The customer must not have any record of
business rule contravention with Vodacom in the last six months.
1.2.5
As with all transactions, regardless of how they are initiated, for any
transaction initiated via SMS, the clauses from the memorandum of agreement, Code
of Conduct and any other specific service related clauses relating to SMS transactions
should be adhered to.
1.2.6
Vodacom has a right to use its own discretion
to grant customers access to Standard and Premium Rated SMS.
1.2.7
In the event of a customer using Standard and
Premium Rated SMS for any fraudulent purpose or for any other purpose for which
it was not intended, Vodacom shall be entitled to immediately terminate the memorandum
of agreement. In terms of the law,
Vodacom is obliged to report fraudulent activities to the police.
1.2.8
All monies owing, due and payable to Vodacom by the customer at date of
application for Standard and Premium Rated SMS must be settled in full.
1.2.9
Vodacom may, in their sole discretion, reject an
application to use Standard and Premium Rated SMS.
1.3 General administrative and
technical specifications, procedures and regulations
1.3.1
The memorandum of agreement, application/vetting criteria, application
form and testing procedure must have been properly completed and
executed by the Customer.
1.3.2
In the event that Vodacom determines (as it in its sole and absolute
discretion may do) that the Customer cannot or has not complied, or can no
longer comply with these terms and conditions, then Vodacom may immediately and
without notice reject the customer’s application to deploy Standard and Premium
Rated SMS or once deployed, immediately and without notice suspend the customer’s
right to use Standard and Premium Rated SMS.
1.3.3
The customer is not allowed to use a Vodacom logo, trademark, slogan or
any other device or form of intellectual property belonging to Vodacom in
advertising without the prior written consent of Vodacom.
1.3.4
In all advertising the company name must be stated so that the subscriber
is made aware that it is a customer and not Vodacom that is offering the
service.
1.3.5
The customer shall adhere to the service levels required by Vodacom as
detailed in the SLA.
1.3.6
Contravention of any of Vodacom’s terms and conditions will result in
the suspension of services and failure to resolve within 24 hours of
notification will result in termination of services.
1.4 Warranties and disclaimers
Vodacom
does not give any warranties with regard to the provision of Standard and
Premium Rated SMS and the Customer must ensure that no such warranties are
given to the service users.
1.5 Third parties
The Customer shall ensure that in any agreement it enters into with any
of its sub-contractors, agents, partners, suppliers or the like regarding any
matter relating to Standard and Premium Rated SMS, or should any of the Customer’s
rights as provided for herein be exercised through such persons, then it shall
bind such persons to the same obligations to which it is bound in terms of
these terms and conditions, as may be applicable in the circumstances, and
shall ensure that their exercise of such rights do not contravene these terms
and conditions. Furthermore, the Customer
shall be responsible for the acts or omissions of such persons that contravene
these terms and conditions.
2. Charges and payments
The following
charge is applicable for usage of Standard and Premium Rated SMS:
Description of charge |
Charge to Subscriber |
|
Band 1 |
R0.50 |
|
Band 2 |
R1.00 |
|
Band 3 |
R1.50 |
|
Band 4 |
R2.00 |
|
Band 5 |
R3.00 |
|
Band 6 |
R5.00 |
|
Band 7 |
R7.50 |
|
Band 8 |
R10.00 |
|
Band 9 |
R15.00 |
|
Band 10 |
R20.00 |
|
Band 11 |
R25.00 |
|
Band 12 |
R30.00 |
|
·
Amounts inclusive of VAT;
·
Networks charge retail bearer charges;
·
There will be no peak, off-peak or Happy Hour
rates applicable;
·
The abovementioned tariffs include the Bearer
fee;
3. Amendment of Terms and Conditions
Vodacom shall be entitled to amend and/or
vary and/or supplement these terms and conditions on 7 (seven) days written
notice to the Customer, and the Customer shall upon receipt of such notice be
deemed to be bound thereto.
For further enquiries please contact Vodacom
Internal WASP:
Office Number:
+27 82 17866
Email:
vodacomwasp@vodacom.co.za
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