Company Logo

Terms & Conditions

1. INTERPRETATION AND PRELIMINARY

Unless a contrary intention clearly appears from the context, the following terms shall have the meanings ascribed hereunder –

  • 1.1. “Activation” means the enabling of a Service at the Supplier’s premises to operate on one or more Networks;
  • 1.2 “Addendum” means a supplementary agreement signed by both the Supplier and the Customer that expands or modifies this Agreement and which endures for the duration of the current Agreement;
  • 1.3 “Agreement” means the general terms and conditions contained herein, the Product specific terms and conditions, the Proposal, the Subscriber Agreement and all addenda, if applicable, concluded by the Customer and executed in terms hereof, including, in the case of Hosted Exchange Services, a written instruction to the Supplier to commence or cancel additional Services;
  • 1.4 “Charges” or “Rates”, which terms may be used interchangeably, means the installation charges, monthly services charges, usage charges and any other charges pertaining to the provision of Services by the Supplier to the Customer;
  • 1.5 “Commissioned Date” means the date on which the Services are operational;
  • 1.6 “CPA” means the Consumer Protection Act, No. 68 of 2008, as amended from time to time;
  • 1.7 “CPA Regulations” means regulations promulgated pursuant to the CPA from time to time;
  • 1.8 “Customer“ means any person, whether natural or juristic, who has entered into an agreement with the Supplier for the provision of Services and/or the use of the Equipment, or who has applied to the Supplier for the provision of Services and/or the use of the Equipment, and is used interchangeably with the term “Subscriber”;
  • 1.9 “Equipment” means all devices including software provided by the Supplier to the Customer in order to enable the Supplier to provide the Services;
  • 1.10 “General Terms and Conditions” means this document excluding all proposals executed in terms hereof;
  • 1.11 “Initial Period” means the duration of the first Agreement signed by the Customer in respect of the Services as reflected in the Subscriber Agreement which period shall commence on the Commissioned Date;
  • 1.12 “Initial Services” means the first Services that are provided by the Supplier to the Customer in terms of the first Agreement signed by the Customer in respect of the Services;
  • 1.13 “Installation” means the installation of Equipment at the Customer’s premises or at such other location as may be specified by the Customer and agreed to by the Supplier;
  • 1.14 “Managed Services” means the on-going management and provision of Services by the Supplier in return for a monthly payment by the Customer;
  • 1.15 “Month” shall mean a calendar month commencing at 0h00 on the relevant day of the relevant calendar month;
  • 1.16 “Monthly Service Charge” means the monthly fees levied by the Supplier in consideration for the Customer’s access to and use of the Network Services or other Services provided by the Supplier;
  • 1.17 “Network Provider” means any authorized supplier of telecommunications facilities;
  • 1.18 “Network Services” means any services provided by any of the Network Providers including but not limited to fixed line operators, cellular operators, wireless operators or any other operator that provides access and network services (including value added services) made accessible to the Customer by the Supplier in terms of this Agreement;
  • 1.19 “Party” means either the Supplier or the Customer, as the context may require, and the term “Parties” means both the Supplier and the Customer collectively.
  • 1.20 “Product” means any combination of Equipment and Services provided by the Supplier to the Customer;
  • 1.21. “Product Specific Terms and Conditions” means the specific terms and conditions applicable to the specific Product or Services as reflected in the Proposal;
  • 1.22 “Proposal” means the order form or proposal document submitted by the Supplier to the Customer and signed by the Customer in respect of the provision of the Services and which incorporates the Subscriber Agreement, the Product Specific Terms and Conditions and the provisions of this Agreement;
  • 1.23 “Renewal Period” means, unless otherwise provided for in the Product Specific Terms and Conditions or Subscriber Agreement:
    • 1.23.1 if the Customer is a juristic person, a period of 24 (Twenty-Four) successive months commencing on the day immediately following the expiration of the Initial Period or each successive Renewal Period;
    • 1.23.2 if the Customer is a natural person, the period specified in clause 3.3.3;
  • 1.24 “Republic” means the Republic of South Africa;
  • 1.25 “Services” means the services, managed or otherwise, and/or Products provided by the Supplier to the Customer as set out in the Proposal;
  • 1.26 “Service Provider” means any Electronic Communications Networks Licensee or Electronics Communications Licensee licensed under the Electronic Communications Act, 2005, or any service provider of an Electronic Communications Networks Licensee or Electronics Communications Licensee;
  • 1.27 “Software” means any computer programme that is either embedded or provided as a stand-alone application, or accessed via the internet or other web browsing method;
  • 1.28 “Subscriber Agreement” means the summary of the Agreement signed by the Customer for the provision of Services by the Supplier to the Customer;
  • 1.29 “Supplier” means Unthrottled (Proprietary) Limited;
  • 1.30 “Traffic Type” means any specific type of calls carried by the Supplier over the networks;
  • 1.31 “Usage Charges” means the charges charged by the Supplier to the Customer for recorded usage of the Network Services;
  • 1.2. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
  • 1.3. the terms of the Agreement shall prevail in the event of a conflict between the Proposal and this Agreement; and
  • 1.4. in circumstances of the CPA being applicable to the Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of the Agreement and the provisions of the CPA.

2. APPOINTMENT AND AUTHORITY

2.1. The Customer appoints the Supplier to supply the Services to the Customer for the Initial Period in accordance with the terms and conditions set out in the Agreement, although the Parties will be bound by the terms and conditions of this Agreement with effect from the date of signature hereof.

2.2. The Customer hereby authorizes the Supplier to:

  • 2.2.1. communicate with other service providers to enable the Supplier to obtain all information which may be necessary in order for the Supplier to render the Services. Should the Supplier so require, the Customer shall sign a separate letter authorizing the Supplier to approach the Service Providers to request such information as aforesaid which can be furnished as proof that the Supplier has been mandated by the Customer to approach the Service Providers for the purposes set out in clause 2.2; and/or
  • 2.2.2. to enter into agreements and arrangements with third parties as may be necessary for the Supplier to render the Services.