Next Generation Network Telecommunications (Proprietary) Limited “NGN”
Terms and Conditions and Code of Conduct
NGN hereby provide the services to the user on the terms and conditions herein contained which terms and conditions the user is deemed to have familiarise him/herself with and to have irrevocably accepted.
In these terms and conditions:
"The user" means the party who has purchased credit for the prepaid service and/or any person using the service.
"The service" means all the services provided by NGN to the user in terms of the terms and conditions herein contained.
3) PROVISION OF SERVICE
The user shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the user to obtain and retain access to the required service (s).
The user shall be liable for all outbound fax charges and other third-party costs incidental thereto which charges as detailed in Annexure A hereto.
4) DESCRIPTION OF SERVICES
NGN shall provide the user with the following services –
Conversion of fax to email services.
Conversion of email to fax services.
IVR and competition lines.
And such other services which may be updated to these terms and conditions from time to time.
5) AVAILABILITY OF SERVICE AND USER RIGHTS
The User shall be entitled to availability of services which comply with the following-
NGN shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 99% uptime. NGN is, however unable to guarantee 100% uptime.
NGN shall strive at all times to provide users with prior notice, where possible, of scheduled maintenance so as to avoid users having to log-off for any period of time.
NGN shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
The user accordingly indemnifies NGN against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of NGN being unable to make its service available to the user under the circumstances described in this clause.
NGN will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.
6) IMPLEMENTATION OF SERVICES
6.1 Fax to email and email to fax services
6.1.1 The services are provided by way of assignment of a fax number to the user for the purpose of either converting its fax document to an email attachment, or an email attachment to a fax document.
6.1.2 No hardware or software is required.
6.1.3 Faxes remain confidential as they are delivered directly to the email address.
6.1.4 Users are only charged for their outbound call costs.
6.2 IVR and competition lines
Interactive Voice Response (IVR) is an automated phone system technology that allows incoming callers to access information via a voice response system of pre-recorded messages without having to speak directly to a person.
6.2.1 Our clients can either link their own pre-recorded message to the numbers provided, or we can pre-record a message on their behalf.
6.2.2 The IVR lines can be used for standard redirection of calls, the capturing or providing of important information or for competition lines to capture votes.
7) USER & USER ETIQUETTE
The user acknowledges and agrees that: Users are expected to abide by generally Accepted Usenet Etiquette.
The user shall not use the service in a manner which:
7.1 Constitutes a violation of any law, regulation or tariff that may be offensive to Internet users in general, to the public at large or as same may be determined from time to time by NGN in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing.
7.2 Is defamatory, fraudulent or deceptive.
7.3 Is intended to threaten, harass or intimidate.
7.4 Tends to damage the name or reputation of NGN, its holding company, affiliates or subsidiaries and partners.
7.5 Interfere with the use and enjoyment of the Internet related services of users of NGN.
The user undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by NGN or any of the local, foreign service providers or laws governing the provisions of the service and Internet.
8) CHARGES, BILLING AND COLLECTION
NGN shall bill the users on a 30 (thirty) day account. NGN will issue an invoice every month to the user. The user pays to NGN such charges as levied by NGN from time to time as follows:
8.1 Usage fees, where applicable, will be billed in arrears. NGN reserves the right to withhold access for overdue accounts, while the user shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
8.2 Without prejudice to rights granted to NGN in terms hereof, any amount due by the user to NGN not paid on due date thereof:
Shall bear interest at a rate equal to the maximum, allowable in terms of the Usury Act 1968, calculated daily in advance from the date payment was due until date of actual payment thereof.
Should the user fail to pay any amount owing to NGN on the due date, NGN shall be entitled, in its discretion and without prejudice to any rights which it may have, to cancel this agreement without notice to the user, or to suspend performance of its obligations pending full payment by the user.
NGN shall be entitled to take all such steps, without notice to the user, as may be necessary to recover such outstanding amount. The user shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount including attorney client fees.
8.5 NGN reserves the right to levy a charge for handling fees at an amount determined by NGN for monies due in the event of a user payment being returned or rejected by the users’ bankers.
8.6 NGN furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such user who fails to comply with the payment agreement for the services. In addition, NGN will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
8.7 NGN reserves the right to amend the service charges at its sole discretion. NGN shall give the user 30 (thirty) day notice of any such amendment and the user shall be bound to such adjustments.
9) SUSPENSION/DISCONNECTION OF SERVICE
NGN may from time to time and without notice, suspend and/or disconnect a user from the service in any of the following circumstances:
During any technical failure, modification or maintenance of the service, provided, that NGN will use its reasonable endeavours to resume the service as soon as possible.
Should the user fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in NGN opinion may have negatively affected the operation of the service.
If the user fails to make the required payment of such monies due to NGN for the service, and/or in the event of a user being in arrears with no attempt from the user to resolve.
NGN reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of NGN, payable by the user on invoice, for any request to be re-connected to the service, and irrespective of how the service was suspended or disconnected.
Notwithstanding any suspension of the service in terms hereof, the user shall remain liable for all charges due throughout the period of suspension unless NGN in its sole discretion determines otherwise in writing.
10) USER REMEDIES
Should NGN fail to comply with its service level undertakings as set out in paragraph 5 above, the user shall provide NGN with written notification of its non-compliance. NGN shall have a period of 14 (fourteen) days to remedy the aforesaid non-compliance failing which the user shall have the right to terminate the services. Upon termination of the services for any reason whatsoever any numbers assigned to the User shall be returned to NGN and termination of service shall be the sole remedy available to the User.
11) TERMINATION OF SERVICE
Subject to the provisions of clause 9, all cancellations are based on a one calendar month written notice to NGN by the user.
12) REGULATORY COMPLIANCE
The user undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The user furthermore acknowledges that the imposition of regulations by such a body may necessitate amendments to be effected to these terms and conditions and hereby consents to NGN effecting such amendments without prior notice.
Should the user have any complaints in respect of the use of the services or any potential interception of confidential information, please contact the Legal Administrator of NGN at firstname.lastname@example.org.
The user hereby indemnifies and holds NGN, its employees, agents, dealers, partners and/or distributors harmless against any and all losses, injury, damage, penalties, and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
The user hereby irrevocably consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the Magistrate’s Court Act of 1944, provided that NGN shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
16) CESSION AND DELEGATION
The user shall not cede, assign or delegate or in manner whatsoever transfer of any of its rights or obligations under this agreement without the prior consent of NGN. In the event of any change in controlling interest in the user, NGN shall be entitled to terminate this agreement on notice to the user. The user shall notify NGN of any change in its controlling interest within 14 (fourteen) days of such change. NGN shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its right and obligations under these terms and conditions.
17) CONFIDENTIALITY AND PRIVACY
We undertake to treat as strictly confidential all of your information that may be transmitted to us and to adhere to the provisions of the POPI Act. In particular, we undertake in favour of the user that-
Maintaining the security of your personal information is important to us. Reasonable security safeguards have been implemented to protect your personal information. We use various methods to protect your information.
To protect any data, you store on our servers, we also regularly audit our systems for possible vulnerabilities and attacks.
We maintain an Information Security Programme internally to ensure that your personal information is protected against unauthorised access, accidental loss, or destruction.
Sharing of your personal information. We do share your personal information with third parties where it is necessary to perform certain functions to provide our services to you. We will only share your information in the following instances:
• where disclosure is made with your consent; and
• where we are obliged to disclose information as required by law, without consent. There may be circumstances where we are obliged to disclose your information by law and are prohibited from informing you when we have received a request for your personal information in relation to any suspected or alleged criminal activity. In addition, third parties chosen by us are assessed to ensure that they handle your information securely. Third parties are companies which we employ to perform functions on our behalf. By performing online services on our websites, applications, products and services, these third parties have access to personal information needed to perform their functions but may not use it for any other purposes that have not been clearly defined by us. We shall not transfer your personal information to a country or territory outside of South Africa unless that country or territory ensures an adequate level of protection of such personal information in relation to the processing of personal information as adopted within South Africa and unless an agreement setting out the terms and conditions of securing the integrity and protection of data commensurate to South African legislation is concluded between us and the third party to which the personal information is transferred. Similarly, this third party may not transfer your personal information to another third party within that country or territory if they need to do so as part of their processing which they are authorised to do on our behalf, without our prior written authorisation. This will ensure that all authorised third parties apply the same level of data security and protection as we do for you.
The user acknowledges and agrees that these terms and conditions govern the user’s use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
NGN shall deem that the user has acknowledged and agreed to the terms and conditions, and confirm his/her acknowledgement by using the service even if the user has subscribed via telephone, application form, verbally, or by any form electronically.
ANNEXURE A – TABLE OF TARIFFS FOR SERVICES
The costs pertained to the NGN services only Apply to Outbound faxing which can only be approved and agreed between NGN and Customer. Inbound faxes are received by Customer free of any cost to Customer.
Outbound faxes are least cost routed and charged as per the rate sheet below. International Rates for Fax2Email Available on request.
Sending Rates ex VAT
On-net 086 to 086
Calls to Mobile operators MTN and Vodacom, Cell C,8ta and others
Calls to Other Licenced Operators Non-Geographical numbers
Calls to Other Licenced Operators Geographical numbers R 0.38
086 xxxxx fax2email numbers
Calls to Telkom 086 xx Non-Geographical numbers (excl. Fax2email numbers)
TELKOM NATIONAL CALLS: Calls to Telkom Geographical numbers to the rest of South Africa
TELKOM LOCAL CALLS: Calls to Telkom Geographical number within the same area code