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