USSD (Standard & Premium Rated) Terms and Conditions

 

1.     Introduction

In terms of the Memorandum of Agreement already concluded between the parties, the customer will adhere to the USSD terms and conditions below.

 

 

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 USSD terms and conditions (“the terms and conditions’), and/or in the WASPA Code of Conduct (unless specifically and expressly otherwise provided in the memorandum of agreement), the provisions of the Memorandum of Agreement shall prevail followed by these terms and conditions, then the WASPA Code of Conduct. The phrases/words 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 USSD.

 

 

1.2.   Application / vetting criteria

 

Prior to the customer being permitted to make use of Standard and Premium Rated USSD (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/or Premium Rated USSD will only be available to business partners who have concluded a memorandum of agreement with Vodacom.

1.2.2. The customer must never have been declared insolvent or be undergoing debt counselling   or debt review.

1.2.3. The customer must not have any record of business rule contravention with Vodacom or WASPA in the last six months prior to the request for Standard and/or Premium Rated USSD.

1.2.4. As with all transactions, regardless of how they are initiated, for any transaction initiated via USSD, the clauses from the Memorandum of Agreement, WASPA Code of Conduct and any other specific service related clauses relating to USSD transactions should be adhered to by the customer.

1.2.5. Vodacom reserves the right to exercise its own sole and absolute discretion in deciding whether to grant Customer’s access to Standard and/or Premium Rated USSD.

1.2.6. In the event of a customer using Standard and/or Premium Rated USSD 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 concluded between itself and the customer. In terms of the law, Vodacom is obliged to report fraudulent activities to the police.

1.2.7. All monies owing, due and payable to Vodacom by the customer at date of application for Standard and/or Premium Rated USSD must be settled in full.

1.2.8. Vodacom may, in their sole and absolute discretion, reject an application to use Standard and/or Premium Rated USSD.

 

1.3.   General administrative and technical specifications, procedures and regulations

 

1.3.1. The USSD Primary Category Number to deploy Standard and/or Premium Rated USSD is on *120*.

 

1.3.2. The application form and testing procedure must have been properly completed and executed by the Customer.

1.3.3. In the event that Vodacom determines (as it may in its sole and absolute discretion 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/or Premium Rated USSD or once deployed, immediately and without notice suspend the Customer right to use Standard and/or Premium Rated USSD.

1.3.4. 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.

1.3.5. In all advertising where it is possible to do so, the customer name must be stated so that the customer is made aware that it is a Customer and not Vodacom that is offering the service.

1.3.6. Contravention of any of Vodacom’s terms and conditions will result in the suspension of services and failure to resolve within 48 hours of notification will result in termination of services.

1.3.7. In providing USSD services with content fees included, the customer shall have a choice of adopting one of two billing options. For each particular USSD service the customer will have the option of adopting a Standard USSD Tariff Band, Premium Rated USSD Tariff Bands or Online Billing Service (“OBS”). Customer will not be allowed to make use of both Premium Rated USSD Tariff Bands and OBS for the same USSD services and/or applications. Should the customer decide to migrate between premium rated USSD tariff bands and OBS or vice versa, the customer will be required to complete all documentation relating to, complete all processes for, and be subject to the approval process as specified by customer Support for the option that they are migrating too.

1.3.8. Customer’s will not be allowed to switch between tariff bands more than once during any one USSD Phase II session between a Service User and the Customer application. Once one Tariff Band switch occurs (e.g. between the Standard bearer tariff and a selected Premium Rated tariff band), that new tariff will apply until that USSD session is terminated, independent of the Service User’s activity and the content accessed by the Service User.

 

 

1.4.   Warranties and disclaimers

 

Vodacom does not give any warranties with regard to the provision of Standard and/or Premium Rated USSD 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 USSD, or should any of the WASP’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/or Premium Rated USSD.

 

2.1.   USSD Bearer Charge

2.1.1. Unitisation of 20 seconds will be applied to this tariff – i.e. the Service User will be billed in 20 second increments. Maximum session length will be 3 minutes.

 

 

3.     USSD Standard & Premium Rated Charges:

3.1.   Transactions will be charged as indicated on Annexure A of the memorandum of agreement

 

For further enquiries please contact WASP Support:

Office Number:              011 465 6479

E-mail:                          vodacomwasp@vodacom.co.za