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Vox Telecommunications (Pty) Ltd T/A Vox Telecom

Reg. No.: 2011/000797/07


VAT No.: 4680257989
Lunar Building, Rutherford Estate
1 Scott Street, Waverley, 2090, South Africa
P O Box 369, Rivonia, 2128, South Africa
Tel: +27 (0) 87 805 0000
Fax: +27 (0) 86 502 1876
Subscriber Agreement E-mail: info@voxtelecom.co.za
Website: www.vox.co.za

Individual application details


Do you have an existing Vox Account? Yes No X Account Number 9864232

Title First Name Ernest Mbongeni Surname Mlambo

Male Female SA ID document X Passport ID/Passport No 8212126079089

Residential Address Employer’s Name

175 Mandlempisi St,, Employer’sTel 27682867663

Tshiawelo, Occupation
Soweto, Postal Code 1818 Gross monthly income

Period at this address years 0 months 0 Is your postal address the same as your residential address? Yes X No

Tel 27682867663 If not please provide your postal address

Fax

Mobile 27682867663

E-mail Ernestshaun306@gmail.com Is your premises: Owned Leased Boarding Live with family

Delivery/installation address (if different from residential address)


Contact Person Ernest Mbongeni Mlambo

Contact Person Tel 27682867663

Postal Code

RICA and credit vetting documentation


Please provide the documents indicated:
Certified copy of SA ID 3 Month’s Payslip Proof of
or Passport (foreigners) bank statement residence

Vox business partner details (if applicable)


Name Tel

Email Fax

Date: 29 June 2023 Contract No: Q2939200 Page 1 of 14


Vox Telecommunications (Pty) Ltd
T/a Vox Telecom
Reg. No:2011/000797/07
VAT No: 4680257989
Rwenzori Building, Rutherford Estate
1 Scott Street, Waverley, 2090, South Africa
P.O. Box 369, Rivonia, 2128, South Africa
Tel: +27 (0)87 805 0000
Fax: +27 (0)86 502 1876
E-mail: info@voxtelecom.co.za
Website: voxtelecom.co.za

To: Ernest Mbongeni Mlambo ACCOUNT NUMBER 9864232

QUOTE NUMBER Q2939200


175 Mandlempisi St,
Tshiawelo, QUOTE DATE 29 Jun 2023
Soweto,
1818
South Africa QUOTE EXPIRY DATE 28 Aug 2023

CONTRACT TERM 1 months

Account Queries
Attention: Ernest Mbongeni Mlambo
Debtors Department: +27 (0) 87 805 0530
Tel: +27 68 286 7663, Cellphone: +27 68 286 7663
Email: accounts@voxtelecom.co.za
Email: ernestshaun306@gmail.com

Quote Lines
PRODUCT DESCRIPTION TYPE UNIT PRICE QTY PERIOD RECURRING SETUP ONCE-OFF
WIR-VLTE- New 200.00 1 Monthly 200.00 129.57 0.00
Vox LTE 80GB/80GB SIM
TEL-80/80-
2022
Total (excl VAT) 200.00 129.57 0.00
VAT (15%) 30.00 19.44 0.00
Total (incl VAT) R230.00 R149.01 R0.00

Bank Details for direct deposits

Account Holder: Vox Telecommunications (Pty) Ltd


Account Number: 6237 4686 510
Bank Name: FNB
Branch Code: 255005
Deposit Reference: 9864232 Please use this reference in all your deposit slips to the bank.

Please forward proof of payment to you Accounts Contact as stated above.


Please ensure payment is effected by the due date above to ensure that your subscribers continue to enjoy uninterrupted service.
All Taxes, Levies or similar charges are for your account. Interest will be charged on overdue payments at prime + 5% p.a.

Date: 29 June 2023 Contract No: Q2939200 Page 2 of 14


Declaration
1 I confirm the accuracy of the information contained in this Subscriber Agreement and warrant that I am duly authorised to enter into an
agreement with Vox on behalf of the customer.
2 I understand that upon responding 'ACCEPT Q2939200' to Vox, a binding agreement will be formed with no further action required from me.
3 I acknowledge that I have read, understood and agree to be bound by the Vox General Terms and Conditions as well as all Product Specific
Terms and Conditions attached or currently in force between Vox and the customer.
4 I hereby consent to Vox: (a) performing credit clearance verification and (b) consent to Vox obtaining the customer's credit information from
credit bureaus and providing information to credit bureaus in accordance with the provisions of the National Credit Act.
5 I further acknowledge that the activation of some services is, amongst others, subject to RICA and consent to Vox verifying the customer's
details and documents against third party databases strictly for the purposes of compliance with RICA.

Date: 29 June 2023 Contract No: Q2939200 Page 3 of 14


Q2939200

29/06/2023

Q2939200

Date: 29 June 2023 Contract No: Q2939200 Page 41 of 14


Page 11
General Terms and Conditions
1. MEANINGS OF CERTAIN WORDS AND PHRASES 1.5.26. “RICA” means the Regulation of Interception of Communication
and Provision of Communication Regulated Information Act 70 of
1.1. Unless it appears differently from the context or under this clause 1, words, 2002, as amended/replaced from time to time;
terms and phrases used in the Contract shall have the same meaning as 1.5.27. “Services” means the Services as listed in the Subscriber
the definitions set out in the Electronic Communications Act, 36 of 2005. Agreement, and where applicable includes the Managed Service
1.2. Words importing the singular shall include the plural and vice versa. Equipment and the Circuit;
1.3. Words denoting persons shall include natural human beings, legal entities 1.5.28. “Software” means any computer program provided to Customer,
and unincorporated associations of persons, and vice versa. either through Vox acting as a principal, agent or distributor of the
1.4. The headings in these terms and conditions shall not affect their software licensor. Software may be embedded into Managed
interpretation. Service Equipment, supplied as a stand-alone application, or
1.5. Unless inconsistent with the context, the words and phrases set out below accessed via the internet or other web browsing method.
shall mean as follows: 1.5.29. “Subscriber Agreement” means the document describing the
1.5.1. “Anticipatory Costs” has the meaning as set out in clause 9.2.7; Customer, the Services to be provided, and other administrative
1.5.2. “Activation Date” means the date that a Service is configured and data;
made available to the Customer. 1.5.30. “Subscriber Equipment” means the equipment as defined in
1.5.3. “Applicable Law” means any of the following, to the extent it section 1 of the ECA, but excludes Managed Service Equipment;
applies to the provision of the Services by Vox and the use thereof 1.5.31. “Managed Service Equipment” means equipment managed by
by the Customer: Vox in the provision of the Service;
a) any statute, regulation, by-law, ordinance or subordinate 1.5.32. “Vox” means Vox Telecommunications (Pty) Ltd, Registration
legislation in force from time to time. Without limiting the number 2011/000797/07, a private company incorporated in terms
generality, statutes include the ECA, CPA and RICA; of the laws of the Republic of South Africa;
b) the common law; 1.5.33. “Vox Network” means the electronic communications network
c) any binding court order, judgment or decree; operated by Vox to render electronic communications services in
d) any applicable industry code, policy or standard enforceable by terms of Vox’s electronic communications network and services
law; licences. Vox Network includes Circuits that are self-provisioned by
e) any relevant direction, rule, pronouncement, policy or order that Vox under its licenses or procured by Vox from third-party
is given by a regulator. licensees;
1.5.4. “AUP” means the Vox acceptable use policy, available at 1.5.34. “Vox Portal" any Vox approved extranet(s) or system(s) with web-
https://www.voxtelecom.co.za/pdf/AcceptableUsePolicy.pdf based access (or a combination thereof) where Customer and its
1.5.5. “Business Day” means Monday to Friday, excluding Saturday, authorised employees, agents and representatives may access to,
Sunday or public holiday as defined under the Public Holiday Act, amongst other things and where applicable:
36 of 1994; a) view measurement data of selected Services;
1.5.6. “Circuit(s)” means the telecommunications circuit(s) provided by b) have access to control panels and management interfaces to
Vox (or on behalf of Vox by a duly licensed third-party), installed at provision, upgrade, downgrade, increase, decrease (in general
the Customer’s premise(s) at the addresses set out in the Contract. to manage) the Services;
“Excluded Circuits” are circuits that the Customer has procured c) process termination of Services;
itself from a party other than Vox; 1.6. When several days are provided for between the happening of one event
1.5.7. “Connection Date” means the date when Vox installs the Circuit and another, the number of days must be calculated by: -
at the Customer’s premises; 1.6.1. excluding the day on which the first such event occurs;
1.5.8. “Consumer” means a Customer who is a consumer as defined in 1.6.2. including the day on or by which the second event is to occur; and
the CPA. “Individual Consumer” means a Consumer who is a 1.6.3. excluding any public holiday, Saturday or Sunday.
natural person – i.e. not a company; 1.7. In the event of a conflict between a Subscriber Agreement, Product Terms
1.5.9. “Contract” means collectively, the documents with headings or the General Terms, the conflict shall be resolved by applying the
‘Subscriber Agreement’, ‘Quote’ and ‘General Terms and following order of preference:
Conditions’, together with any Product Terms, service level 1.7.1. A Subscriber Agreement; thereafter
agreements and product rules concluded between Customer and 1.7.2. Product Terms; thereafter
Vox; 1.7.3. General Terms.
1.5.10. “Charges” means the amounts charged by Vox for Services as set
out in clause 9.2 below, which charges are set out in a quote and/or 2. NATURE OF THE GENERAL TERMS AND CONDITIONS
Subscriber Agreement or as notified by Vox from time to time per
the terms of the Contract; 2.1. These General Terms govern the provision of all services and the
1.5.11. “CPA” means the Consumer Protection Act, 68 of 2008 and relationship between Customer and Vox in general.
regulations published in terms thereof, as amended or replaced 2.2. If Vox and Customer conclude multiple Subscriber Agreements, but only
from time to time; one set of General Terms, then that set of General Terms will apply to all
1.5.12. “Commencement date” means the date when Vox has accepted Subscriber Agreements, regardless of whether the system generated
and processed the Subscriber Agreement or notified the Customer contract numbers on the documents are not the same.
that it has agreed to provide the Customer with the Services set out 2.3. If Vox and Customer conclude multiple Subscriber Agreements, each with
in a Subscriber Agreement; its version of General Terms, then the General Terms will apply only to the
1.5.13. “Customer” means the person described in the Subscriber relevant Subscriber Agreement– as evidenced by the system generated
Agreement and where such description is not wholly accurate, as contract number.
further described in any documentation provided to Vox according
to the requirements of RICA; 3. DURATION, RENEWAL AND TERMINATION FOR
1.5.14. “Due date” means the date on which any amounts owed by
CONVENIENCE
Customer to Vox in respect of the Services become due and
payable, and which is reflected on the invoice;
3.1. Commencement and duration of the Contract, billing start dates and
1.5.15. “ECA” means the Electronic Communications Act 36 of 2005 and
renewal
its regulations, as amended or replaced from time to time;
3.1.1. The Contract will become binding on the Parties on the
1.5.16. “Fixed Term Agreement” refers to a Subscriber Agreement in
Commencement date and will continue to be binding on each Party
terms of which the provision of Services is for a duration greater
up to the end of the Initial Period or any Renewal Period, unless this
than one month;
Contract is terminated earlier by either of the Parties for cause on
1.5.17. “General Terms” means these general terms and conditions
the grounds set out in the Contract.
without the Subscriber Agreement, Quote or the Product Terms, but
3.1.2. In respect of a Service that does not involve the provision of a
including any addendum to these terms;
Circuit, or is provided over an Excluded Circuit, the Initial Period will
1.5.18. “ICASA” means the Independent Communications Authority of
commence on the Activation Date of such Service. In respect of
South Africa and its successors;
each Circuit, the Initial Period for Services provided over that Circuit
1.5.19. “Initial Period” means the number of months applicable to the
(whether bundled with the Circuit or not) will commence from the
Fixed Term Agreement and which for any avoidance of doubt will
Activation Date. Where the Services require the provision of
be limited in the case of a Consumer, to a maximum of 2 (two)
multiple Circuits, the Initial Period will begin on the Connection Date
years;
of the last Circuit.
1.5.20. “Interest Rate” means an annual rate equal to 5% above the prime
3.1.3. When services are bundled with a Circuit, the cost of the Circuit is
lending rate charged by Vox’s bankers, calculated daily and
the single most significant component of the bundled Service, and
capitalised monthly;
accordingly, Customer agrees that Vox will be entitled to charge
1.5.21. “Office hours” means 8h00 to 17h00 on Business Days;
Customer from the Connection Date, regardless of whether any
1.5.22. “Parties” means Vox and the Customer and “Party” means either
bundled value-added services had been activated or not.
Vox or Customer, as the context requires;
3.1.4. If Customer is a juristic person then Customer must:
1.5.23. “Personal Data” means all identifiable personal details conveyed
to Vox by the Customer for lawful processing;
1.5.24. “Product Terms” means the specific terms and conditions
applicable to particular Services provided to the Customer.
1.5.25. “Renewal Period” means a period of 12 (twelve) months, which
period will start on the day following the last day of the Initial Period;

General Terms and Conditions v1.1


Date: 29 June 2023 Contract No: Q2939200 Page 52 of 14
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General Terms and Conditions
a) give Vox written notice of its election not to renew the Contract Service Equipment or Subscriber Equipment are provided, such as
at least 90 (ninety) days before the expiration of the Initial Period; adequate power supply, ventilation, lighting and wall/rack space.
or 4.2. Use of the Services, Managed Service Equipment and related
b) conclude a revised Subscriber Agreement, equipment
failing which the agreement shall automatically renew for the Renewal 4.2.1. The provision of any Service to the Customer does not confer on
Period. the Customer any right to resell the Service unless the Customer
3.2. Cancellation or variation of the Services before the Connection / has been granted a licence or licence exemption by ICASA, and
Activation date Customer has entered into a reseller agreement with Vox.
Where the Customer cancels or varies any of the Vox services before the 4.2.2. The service may not be used to:
Connection Date for any reason other than a breach on the part of Vox, Vox a) knowingly create, store or disseminate any illegal content;
will have the right to charge the Customer Anticipatory Costs which Vox has b) infringe on any third parties’ intellectual property or copyright;
incurred because of the cancellation or variation, which amount shall be and
payable by the Customer on demand. c) send unsolicited email.
3.3. Termination of a Fixed Term Agreement by an Individual Consumer 4.2.3. For Vox to ensure the provision of the Service, to protect the
for no cause integrity of the Vox Network or to deal with emergencies, the
3.3.1. Where an Individual Consumer has concluded a Fixed Term Customer must always whilst this Contract is in place:
Agreement, the Individual Consumer will have the right to terminate a) comply with any instructions issued by Vox which concern the
the Fixed Term Agreement, for no particular reason or cause, at Customer’s use of the Services;
any time, provided the Consumer gives Vox at least 20 (Twenty) b) provide Vox with all information relating to the Customer's use
Business days written notice of its election to terminate the of the Services that Vox may reasonably require from time to
Contract. Such termination will be subject to payment of a time; and
reasonable cancellation fee that will be determined and calculated c) allow Vox free access to the Customer’s premises during
at the time when the notice to terminate is given by the consumer, reasonable hours to install, inspect, maintain or remove the
using the guidelines set out under section 14 and regulation 5(2) of Circuit, Managed Service Equipment or Subscriber Equipment.
the CPA. 4.3. Failure and unavailability of the Services, Managed Service
3.3.2. On receipt of the termination notice Vox will advise the Individual Equipment or Subscriber Equipment obtained from Vox
Consumer of the amounts which are still owed to it, namely all the 4.3.1. Customer recognizes that the Internet and data networks consist of
arrears amounts owing to Vox in terms of the Contract up to date of multiple participating networks that are separately owned and not
termination and the cancellation fee. The Individual Consumer will subject to Vox's control.
pay Vox such amounts by the Due Date. 4.3.2. Because of the position set out in clause 4.3.1 above, Vox does not
warrant that the Vox services will be operational on a 24 (twenty-
4. INSTALLATIONS AND PROVISION OF THE VOX SERVICES four) hour 365 (three hundred and sixty-five) days per year basis.
4.3.3. Furthermore, Vox expressly advises, and the Customer
4.1. Installation of Services, Managed Service Equipment, Subscriber acknowledges and accepts that the Subscriber Equipment is not
Equipment and use of unauthorised devices manufactured by Vox, but by third parties. In most cases, Vox will
4.1.1. Unless agreed to the contrary in a Subscriber Agreement, the Vox not be able to open certain Subscriber Equipment or to test or
Service is exclusive of any required Subscriber Equipment. The operate the selected Subscriber Equipment to ensure that they are
Managed Service Equipment and where applicable the Subscriber fit for purpose and/or are intact before they are handed to the
Equipment will be either leased or sold to the Customer at the Customer.
prices, fees or rates set out in the Subscriber Agreement. 4.3.4. Considering the disclosures housed under clauses 4.3.1 - 4.3.3 Vox
4.1.2. Where Customer has agreed to purchase Subscriber Equipment expressly stipulates and the Customer acknowledges that Vox
from Vox, Customer shall not be entitled to withhold payment for cannot warrant or guarantee that the Services and/or the
the sale of Subscriber Equipment for trivial reasons. Subscriber Equipment will:
4.1.3. In respect of the provision of electronic communications services, a) be free of errors or interruptions;
Vox shall install the Circuit and the Managed Service Equipment at b) be available;
the Customer’s premises against payment of the relevant c) be fit for any purpose;
installation fee and deposit as set out in the Subscriber Agreement. d) not infringe on any third-party rights;
4.1.4. If the Customer requests that an installation be attended to after e) be secure and reliable,
office hours, Vox may, if it can perform such after-hours work, except where the Services, the Circuit and/or Subscriber
charge an after-hours maintenance charge on a time-and-material Equipment are found to be defective and such defect has been
basis as determined by Vox from time to time. solely caused by Vox under sections 54, 55 and 56 of the CPA,
4.1.5. LAN cabling pricing is deemed to be budgetary unless a physical where applicable.
site survey has taken place to confirm cable routes. 4.3.5. Considering the above disclosures, Customer agrees that it will not
4.1.6. If no conduit-pipes are available for Vox’s use in any building where be allowed to:
Vox must install a Service requiring conduit pipes, Vox may, at its a) Withhold any amounts due and owing to Vox; or
discretion: b) Deduct any monies, or
a) refuse to provide the Service in that building or any part thereof c) Allege a breach of contract
until such conduit-pipes or other facilities have been so in respect of any temporary unavailability of the Services, the Circuit
installed; or or the Managed Service Equipment, except and to the degree that
b) quote an installation cost in respect of the required conduit Vox is solely responsible for any such unavailability, or failure.
pipes, and if accepted by the Customer, install at the 4.3.6. Notwithstanding the provisions of clause 4.3.4 above, Vox will use
Customer’s cost the required conduit pipes or other facilities. its best endeavours where Vox can do so to notify the Customer of
4.1.7. Vox's duty to install the Circuit and the Managed Service Equipment any failure of, or interruption to the Services and/or Circuit and
or Subscriber Equipment will terminate once the Circuit and where where applicable any required maintenance and repairs which may
applicable the Managed Service Equipment or Subscriber result from such failure, interruption or unavailability.
Equipment have been supplied, installed and the Customer can 4.3.7. Where the Circuit, Managed Service Equipment or where relevant
receive the Services. the Subscriber Equipment are defective, or faulty, then in such an
4.1.8. Only Subscriber Equipment that has been type approved by ICASA event the Consumer’s rights will be limited to those set out under
may be used in conjunction with the Vox Service. Type approved clause 10.
equipment obtained from authorised dealers will have an ICASA 4.4. Theft and Loss of Vox Circuit, Managed Service Equipment and
type approved label affixed to the equipment and/or packaging. Subscriber Equipment provided by Vox
4.1.9. If the Subscriber Equipment is modified, it may not be used in 4.4.1. Whenever any Circuit, Managed Service Equipment or Subscriber
conjunction with the Vox Service until such time that ICASA has Equipment purchased from Vox has been delivered but is not yet
approved the modification. paid for in full is lost, stolen or destroyed, the Customer must
4.1.10. Vox reserves the right to suspend or disconnect from the Vox immediately notify Vox and any police officer at any police station
Network any Subscriber Equipment that has not been approved by in writing that the Circuit, Managed Service Equipment and or any
ICASA or that has been licensed or approved but has been modified other Vox equipment has been lost, stolen, misplaced or destroyed.
without the approval of ICASA. 4.4.2. Risk in the loss, theft or damage of the Circuit, Managed Service
4.1.11. If the Customer is not the owner of the premises where the Vox Equipment and where relevant the Subscriber Equipment will pass
Service and/or where applicable the Managed Service Equipment to the Customer on the date of delivery to the Customer's premises.
is to be installed, the Customer must before any installation by Vox, Vox reserves the right to hold the Customer liable for the full
at its own cost and expense, obtain written permission from the replacement cost of the Managed Service Equipment or the
owner of such premises for any such installation. The Customer relevant Subscriber Equipment and or any other Vox equipment
indemnifies Vox against damages or claims resulting from the (and where the same equipment has been discontinued, then the
failure to obtain such permission including Anticipatory Costs which full replacement cost of the most comparable available equipment).
may have to be incurred by Vox should Vox have to remove any
circuit and/or the selected Subscriber Equipment from the
premises.
4.1.12. The Customer must at its own cost and expense ensure that
optimum environmental conditions as may be required for the
proper management and/or functioning of the Circuit and Managed

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General Terms and Conditions
4.5. Maintenance of the Services and Managed Service Equipment 8.1.3. uphold and abide by the respective codes of conduct (as amended
4.5.1. Throughout the term of the Contract the Service, any Circuit or from time to time) of ISPA and WASPA, available at
Managed Service Equipment used by the Customer will be deemed http://ispa.org.za/code-of-conduct/ and http://waspa.org.za/coc/14-
to be in good working order until Vox is advised otherwise. 3/; and
4.5.2. Unless clauses 4.5.5 or 4.5.6 apply, or unless expressly stated to 8.1.4. abide by and uphold its Code of Conduct, available at
the contrary, the costs in respect of any repair and/or maintenance https://www.voxtelecom.co.za/pdf/CodeOfConduct.pdf.
of the Circuit and the Service will be incurred and covered by Vox. 8.2. In addition to the Customer’s specified obligations as set out in the rest of
4.5.3. Vox will attend to faults reported by the Customer during Office these General Terms, Customer undertakes that it, or where relevant its
hours and will apply its reasonable endeavours to have the affected employees will:
Circuit and/or the Service restored in the shortest possible time. 8.2.1. adhere to the Applicable Law;
4.5.4. The Customer is responsible for maintaining all Managed Service 8.2.2. deal with Vox employees and designated contractors in a
Equipment and Subscriber Equipment unless Vox has agreed to courteous, respectful and professional manner and not in any
provide maintenance for the Managed Service Equipment, which manner act in an abusive way;
will be charged out at the rate set out in the Subscriber Agreement. 8.2.3. raise any issues that it is experiencing through a trouble ticket using
4.5.5. If the Customer requests that a fault be attended to immediately the relevant telephonic, email or online facilities and provide Vox
and requires that repair work be carried out after office hours, Vox with any pertinent information that it may require resolving the
may, if it can perform such after-hours work, charge an after-hours trouble ticket; and
maintenance charge on a time-and-material basis as determined by 8.2.4. abide by the Vox acceptable use policy, available at
Vox from time to time. https://www.voxtelecom.co.za/pdf/AcceptableUsePolicy.pdf.
4.5.6. If Vox determines that the fault reported by the Customer was
caused by the Customer or by any Subscriber Equipment or by any 9. CHARGES AND PAYMENT
other equipment that Vox has not agreed to cover, the Customer
will be liable for payment of the applicable call-out charges, as 9.1. In return for the supply of and access to the Services, the Customer agrees
determined by Vox from time to time. and undertakes to pay Vox the Charges.
9.2. Any invoice will, where applicable, detail the following types of Charges:
5. USE OF SOFTWARE 9.2.1. installation charge: the installation charge and any other charges
levied as a once-off initial charge in respect of the connection of the
5.1. The Customer shall use any Software provided to it by Vox only for the Services;
purposes for which it is intended. 9.2.2. reconnection charge: levied, where the Customer’s right to use the
5.2. The Customer shall not nor permit anyone else to reverse engineer, Services is suspended due to non-payment, and which fee is in
decompile, modify, tamper with, amend, enhance, copy, sell, lease, license, respect of any restoration of the Service, is payable in advance,
sub-license or otherwise deal with the software or any part, variation, together with any outstanding amounts which are due to Vox;
modification, release or enhancement thereof or have any software or any 9.2.3. ad-hoc / time and material charges: levied on each occasion for the
program written or developed for it based on the Software. provision of miscellaneous services requested by the Customer;
5.3. All rights of whatever nature in and to the Software and all upgrades, 9.2.4. recurring/rental charges: levied periodically, usually monthly – but
updates, modifications and variations thereto from time to time, shall vest in any event, as indicated in the Subscriber agreement – in respect
in Vox or its licensors and no rights in and to the software, its upgrades, of the use and availability of the Services. Recurring charges are
updates, modifications and variations thereto are granted or assigned to the payable in advance for the first and any subsequent rental period
Customer. The Customer shall not, at any time in any way, question or on the first day of the month, with effect from the Activation Date;
dispute the ownership of the Software and undertakes not to infringe or 9.2.5. cancellation fee: a fee raised by Vox to place it in the position it
prejudice any rights of Vox or its licensors in and to the Software. would have been had the Customer fulfilled the Contract;
5.4. Vox shall upgrade any Software provided to the Customer under the 9.2.6. call/usage charges: levied on the use of the Service where such
Subscriber Agreement (and if not explicitly dealt with in the Subscriber use is metered. Call charges and usage charges are billed to the
Agreement at its sole discretion). Customer at the end of each billing period.
9.2.7. anticipatory costs: levied to recover the charges that Vox would
6. USE AND STORAGE OF DATA have billed for the duration of the Fixed Term Agreement if the
Contract had run its full term.
The Customer acknowledges that Vox may establish generally acceptable use 9.2.8. interest on overdue amounts: any amount due by the Customer to
practices and limits concerning the use of the Services, including — for example: Vox not paid on or before the Due date indicated on the invoice
the period that the Customer's email messages and other content uploaded on to shall bear Interest from the date that an Invoice became due.
Vox's server is retained, the quantity and size of material that may be sent from or 9.3. Billing
received by the Customer and available disk space that will be allocated to Vox's 9.3.1. Vox will periodically provide the Customer, usually monthly, with a
servers on the Customer's behalf. statement and an invoice for the amounts payable by the Customer.
The invoice will be sent to the Customer by email.
7. VOX PORTAL 9.3.2. Where there is an event which prevents an accurate determination
of the number of units on which the call or usage charges are
determined for a billing period, the call charge or usage charges for
7.1. Vox grants Customer a non-exclusive, non-transferable right to Vox
the period in question shall be set as the average call or usage
Portal(s).
charges for the preceding 6 (six) billing periods (or lesser billing
7.2. Access to any such Vox Portal shall be through an approved User ID or
periods if the Service has been provided for a shorter time).
other authentication mechanism provided by Vox to Customer.
9.3.3. The invoice sent by Vox to the Customer is on the face of it, and
7.3. Any adjustments by Customer to Services on Vox Portal are binding, and
until the contrary is proved, proof of the amount due by the
Customer assumes full responsibility for payment obligations arising out of
Customer to Vox. The Customer is, however, entitled to query or
modifications made on Vox Portal.
dispute any part of the invoice per the provisions set out under
7.4. Customer acknowledges that the documentation and information that
clause 13. All undisputed portions of the invoice must, however, be
accessible by Customer through Vox Portal shall be deemed to be classified
paid by the Due date.
as Confidential Information of Vox and, as such, disclosure and use of such
9.3.4. If Vox determines that the disputed amount is in error, Vox shall
documentation and information shall be governed by the terms of this
credit the amount incorrectly debited. Should Vox determine and
Agreement relating to Confidential Information.
inform the Customer that the disputed amount was billed correctly
7.5. Customer shall take all necessary steps to maintain the security and
such payment, together with interest at the Interest Rate shall be
integrity of all User IDs used in connection with accessing Vox Portal.
paid by no later than the Due date of the next invoice.
7.6. Customer shall inform Vox if Customer has any reason to believe that a
9.4. Payments
User ID used in connection with accessing Vox Portal has or is likely to
9.4.1. Unless Vox expressly agrees to the contrary in writing, invoices are
become known to someone not authorised to use it or is being or is
payable on presentation by way of a monthly debit order or using a
expected to be used in an unauthorised way.
credit card. The first invoice for a Service is issued upon activation
7.7. Vox reserves the right to suspend User ID access to Vox Portal of Customer
of service and payable on presentation.
if at any time Vox reasonably considers, after consulting with Customer
9.4.2. Invoices and statements are available for download in Vox Portal.
whenever practicable, that there has been or is likely to be a breach of
Non-receipt of an invoice by the Customer shall therefore not be
security in respect of a User ID. Vox may issue replacement User IDs or
considered as a valid reason for late or non-payment.
cease suspension when Vox is satisfied that the breach of security or threat
9.4.3. The Customer shall be liable and responsible for payment until
of breach of security is resolved.
payment has been received into Vox's bank account.
7.8. Customer understands that Vox may amend User ID's periodically to
9.4.4. The Customer shall be in breach of the Contract by cancelling any
prevent unauthorised access to Vox Portal and Customer will appoint an
debit order without the prior written consent of Vox or where any
employee to whom Vox may communicate any such amended IDs.
debit order is returned unpaid or stopped or should any charge card
account, or credit card account of the Customer be rejected. In such
8. GENERAL OBLIGATIONS OF EACH PARTY a case, Vox will have the right to suspend the Customer's account
8.1. In addition to its obligations as set out in the rest of these General Terms,
Vox undertakes to:
8.1.1. adhere to the Applicable Law;
8.1.2. exercise the reasonable skill and care of a competent provider of
the Services;

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General Terms and Conditions
until such arrears amounts together with interest thereon have been 10.3.2. where there has been an insignificant interest in the use of a
received and paid in full. Service;
9.5. Changes to Charges 10.3.3. in response to an instruction from ICASA or in terms of the ECA or
9.5.1. Vox shall be entitled to increase any of the amounts reflected in the some other law or any authority competent to issue such
Subscriber agreement, which increase will be relative to the instruction;
Consumer Price Index. Increases linked to the Consumer Price 10.3.4. if the Customer has received the Service because of fraud or
Index usually are done once per year between January and April. misrepresentation;
9.5.2. If there is a price increase on components of the Services beyond 10.3.5. if the Customer makes or offers to make any arrangement or
the control of Vox (for example: foreign exchange fluctuations, composition with its creditors or commits any act of insolvency in
increased pricing on third-party products or services like software terms of the Insolvency Act or any other applicable legislation;
license fees, surcharges, taxes, import duties, rates or levies, 10.3.6. if the Customer is using or permitting the use of the Service or any
increased charges from other network operators or delay caused element thereof for any illegal purpose or in contravention of
by any instruction of Customer), then Vox shall be entitled to Applicable Law;
increase the Charges of the affected Service in proportion to the 10.3.7. for any other reason incidental to 10.3.1 - 10.3.6 inclusive.
increase in cost.
9.5.3. Any increase as per clause 9.5.1 and 9.5.2 will be given to the 11. BREACH AND TERMINATION
Customer in writing.
9.5.4. A Consumer will have the right to terminate the Contract without 11.1. Should the Customer breach:
penalty or charge where any such increases render the Service 11.1.1. its payment obligations and have been suspended for non-payment
unaffordable to the Consumer, on condition that it gives Vox 20 for a period longer than 7 (seven) days; or
(twenty) Business days’ notice of its election to cancel the Contract. 11.1.2. any other term of this Contract and fails to rectify the breach within
Where a Consumer terminates the Contract as per its rights under the notice period provided by Vox (which shall be a reasonable
this clause 9.5.4 such termination will be without penalty, except period given the circumstances of the breach);
where the Consumer has been given or has purchased but not yet then Vox will have the right to either suspend or to cancel the Contract(s),
paid for Subscriber Equipment. In such a case the Consumer will without diminishing its right to claim any Anticipatory Costs or early
have a legal duty, and Vox will have a legal right to demand from termination penalties.
the Consumer full payment in respect of the Subscriber Equipment 11.2. Should Vox breach any material term of this Contract, then the Customer
less any amounts that have already been paid to Vox in respect will have the right to provide Vox with a letter requiring Vox to rectify the
thereof before such termination. breach within a period of 20 (twenty) Business Days. Should Vox neglect
9.6. Unpaid accounts – Suspension of Services or fail to remedy such breach within the 20 (twenty) Business Days' notice
9.6.1. Where any amounts due to Vox by the Customer are not paid on period, then the Customer may cancel the Contract without penalty.
Due date, Vox shall give the Customer 7 (seven) days’ notice to pay 11.3. The Customer shall be liable for all costs, including legal costs on an
all arrears/outstanding amounts and start charging interest at the attorney and client scale, tracing cost and collection commission incurred
Interest Rate. by Vox in respect of the enforcement of any obligations of the Customer in
9.6.2. If the Customer's account remains unpaid or no written agreement terms of this Contract.
is concluded to settle the arrears, Vox shall suspend the Customer's 11.4. Without diminishing any other claims or remedies which Vox may have
services, and the suspension will stay in place until the Customer against the Customer in terms of this Contract or law, Vox may terminate
has paid all arrear amounts, interest and any applicable the Contract if the Customer has delayed the installation of the Service for
reconnection charges or the Contract is terminated by Vox. longer than 3 (three) months and hold the Customer liable for Anticipatory
9.6.3. If the Customer’s account is in arrears, then Vox shall be entitled to Costs incurred by Vox in this regard.
suspend all Services linked to the Customer’s account, regardless
of whether the suspended Services are delivered according to 12. SUPERVENING IMPOSSIBILITY
multiple Subscriber Agreements or not.
9.7. Credit Limit and payment terms
Except as expressly provided under the Contract, Vox shall not be liable to the
9.7.1. Vox reserves the right to impose a monetary limit on the maximum
Customer for failure to perform any obligation because of any acts of God,
value of Charges incurred by the Customer during each billing
government restrictions or prohibitions or any other Government act or omission,
period, and Vox shall be entitled after the Customer has been given
any act or default of any supplier, industrial disputes, strikes, lockouts or work
20 (Twenty) days' notice of such overspend to which the Customer
stoppages of any kind or any other similar or dissimilar cause, in so far as these
has not responded, to suspend the Services should the Customer
were not foreseeable and beyond Vox's reasonable control. Should any event
exceed the maximum amount.
contemplated in this clause prevent the provision of uninterrupted Service for a
9.7.2. If Vox and Customer agree on payment terms that are different to
period exceeding four weeks, the Customer shall be entitled to terminate the
those set out in clause 9.4 and Vox had to provide Customer with a
affected Service without penalty.
notice in terms of clause 9.6.1 twice in any rolling 12 calendar
month period, then Vox shall be entitled to revert to the default
payment terms set out in this clause 9. 13. CUSTOMER ASSISTANCE, DISPUTES OR COMPLAINTS
13.1. Technical Complaints and Billing Queries
10. SUSPENSION, WITHDRAWAL OR TERMINATION OF THE VOX 13.1.1. Vox can be contacted for technical support and account queries at
SERVICE the details provided at https://www.vox.co.za/support/.
13.1.2. If the Customer experiences any trouble with any of the Services or
10.1. Vox may from time to time, and on notice where this is possible, suspend with the Charges, it must bring the problem to Vox’s attention by
the Vox Service and where applicable the right to use the Managed Service raising a trouble ticket with Vox by telephone, email or in the Vox
Equipment, or in its discretion disconnect the Managed Service Equipment Portal. The issue will then be logged and detailed, and the
from the Vox Network in any of the following circumstances: Customer will be provided with a reference number.
10.1.1. for routine maintenance, modifications to, or unplanned 13.1.3. Vox will use its best endeavours to attend to the trouble tickets as
maintenance of the Vox Network and/or any other systems involved soon as it is possible, which will depend on the complexity and
in the delivery of the Services; nature of the problem as well as resource availability.
10.1.2. to mitigate against fraudulent or suspected fraudulent use of the 13.1.4. Where Customer has exhausted all levels of escalation and
Customer’s Service; remains of the view that the matter has not been resolved to the
10.1.3. per clause 9.6 or 9.7.1 above; satisfaction of the Customer, the Customer will have the right to
10.1.4. because of problems on third parties’ infrastructure which has refer the matter to ISPA, which can be done via the complaints form
affected or disrupted the Vox Service; at http://ispa.org.za/code-of-conduct/complaints-form/.
10.1.5. where certain Services are being abused by the Customer; and/or 13.2. Complaints: If Customer has a complaint that is not related to the
10.1.6. where the Vox Service or Managed Service Equipment is found to performance of the Service or related to a billing query, the Customer must
contain a security risk or shortcoming which enables the Customer follow the Vox complaints process as amended from time to time and made
to exploit the Vox Service to the detriment of Vox; available on the Vox website.
10.1.7. where the Customer uses Subscriber Equipment that is not 13.3. Single Forum Resolution: The above rights are without prejudice to both
approved by ICASA for such use; Parties’ respective rights to pursue a complaint or action in any other forum
10.1.8. Where the Service is removed because of a take-down notice that that has jurisdiction over the matter including the rights to submit the
Vox is obliged to act on. complaint to ICASA, provided that the same complaint shall not be lodged
10.2. The Customer accepts that the right to suspend the Services is necessary at more than one forum.
to maintain the quality of Services, the integrity of the Vox Network, and to
protect the interest of both the Customer and Vox and that it will remain 14. CONSEQUENCES OF TERMINATION
liable for all Charges which may be levied by Vox during the period of
suspension.
After termination of the Contract for whatever reason:
10.3. Vox may from time to time, and on notice where this is possible, and without
14.1. Vox may, on reasonable notice and in the Customer’s presence enter the
prejudice to any other claims or remedies which Vox may have in terms
Customer’s premises to remove the Managed Service Equipment which is
hereof or in law, discontinue and/or terminate any part of the Contract, or in
owned by Vox; and
its discretion disconnect the Managed Service Equipment from the Vox
Network in any of the following circumstances:
10.3.1. where the Vox Service or Managed Service Equipment has
reached the end of its lifespan and is uneconomical to maintain or
continue;

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General Terms and Conditions
14.2. Customer will remain liable for and will pay on demand all charges and/or 17.4. Consumer status: Certain rights have been granted to a Customer who is
costs outstanding at the time of termination or accrued thereafter because a Consumer. Vox reserves the right to withhold any of these rights and/or
of the termination. resultant benefits until the Customer can prove to Vox, which proof may be
in the form of a set of Financial statements or an identity document, that it
15. LIMITED LIABILITY AND INDEMNITY is a Consumer (and in the case of a right which it wants to exercise under
section 14 of the CPA, that it is an Individual Consumer). Where the
15.1. In respect of internet-based services, Vox only provides access to the Customer is unable to show that it is a Consumer or Individual Consumer,
Internet. Vox does not operate or control the information, services, opinions Vox reserves the right to reverse or call for a refund of any rights or benefits
or other content of the Internet. Vox reserves the right to take measures as which are permitted under the CPA and which the Customer has unlawfully
may be necessary, in Vox’s sole discretion, to ensure security and taken advantage of.
continuity of service on the Vox Network, including but not limited to 17.5. Customer details and changes thereto: The Customer agrees to supply
identification and blocking or filtering of internet traffic sources which Vox Vox with such information, documentation and signatures that Vox may
deems to pose a security risk or operational risk or a violation of its AUP. In reasonably require at the time that the Contract is concluded, to give effect
addition, the Customer understands that Vox does not own or control other to the payment arrangements of the Contract. Any subsequent changes
third-party networks outside of the Vox Network, and Vox is not responsible that affect the information supplied to Vox such as bank account or legal
or liable for filtering or access restrictions imposed by such networks or for service address must be brought to the immediate attention of Vox in
the performance (or non-performance) within such networks or within writing.
interconnection points between Vox Network and other third-party 17.6. Whole Contract: The Contract contains the sole and entire record of the
networks. agreement between the Parties. No Party shall be bound by any express or
15.2. The Customer is responsible for maintaining the security of its internal implied term, representation, warranty, promise or the like not recorded in
network from unauthorised access through the Internet. Vox shall not be writing and signed by both Parties or otherwise created by operation of law.
liable for unauthorised access to the Customer’s network or other breaches For clarity, where it appears from the context of multiple Subscriber
of the Customer’s network security. The Customer shall remain fully Agreements concluded between the Parties that they are intended to be
responsible to Vox for any usage billing billed to Customer's account up to read as one Contract, then the Subscriber Agreements shall not be deemed
30 minutes after Customer had logged an official support ticket with Vox to constitute separate and divisible Contracts, and in such event, conflicting
requesting suspension of the Services impacted by unauthorised access to provisions of General Terms shall be resolved with the ordinary rules of
the Services. interpretation.
15.3. Vox assumes no responsibility for the integrity, correctness, retention or 17.7. Indulgences: No indulgence, leniency or extension of time which either
content of electronic data transported via the Vox Network. Party ("the grantor") may grant or show to the other, shall in any way
15.4. Subject to the provisions of clause 15.6 below, Vox shall not be liable to the prejudice the grantor or preclude the grantor from exercising any of its rights
customer or to any third party for claims that arise or occur because of the in the future. Any indulgence or the relaxing of the provisions of the Contract
customer’s use of the services, whether such claim, action or damage is by the grantor shall not prejudice the right of the grantor to insist on the strict
direct or indirect, consequential or contingent. Vox shall not be liable for any compliance by the defaulting Party of its undertakings and obligations in
loss of life; injury; medical expenses; support; financial loss or financial terms of the Contract.
support; loss of earnings; loss of profit and/or income; loss of revenue; loss 17.8. Severability: In the event of any one or more of these terms and conditions
of business or goodwill; any other special damages; or any general being unenforceable, the offending clauses will be severed from the
damages – regardless of whether it was foreseeable or flowed naturally remainder of the Contract, which will nevertheless continue to be binding
from the use of the Services. and enforceable.
15.5. Customer indemnifies Vox against any claim or action which may be
brought by any third party arising out of Customer’s use of the Services or 18. LEGAL ADDRESS FOR SERVICE
out of the use of the Customer’s Services.
15.6. Where a Consumer suffers any loss or damages because of the use of the 18.1. The Parties choose the addresses set out below as their chosen place to
Vox Service, the Consumer in this case will be allowed to avail itself to the receive legal notices:
provisions housed under section 61 of the CPA, but subject always to the 18.1.1. Vox at Block D, Rutherford Estate, 1 Scott Street, Waverley,
defences and exceptions permissible and available to Vox and its service Johannesburg. Notices must also be emailed to
providers under section 61 of the CPA. legalnotifications@voxtelecom.co.za; and
15.7. The limitation on liability set out above is in addition to any limitation of 18.1.2. the Customer at the physical or residential address specified in the
liability set out elsewhere under the Contract. Subscriber Contract. Where Customer has entered into multiple
Subscriber Contracts, then the physical address specified in the
16. PROCESSING OF PERSONAL INFORMATION, RIGHTS TO Subscriber Contract most recently signed by the Customer or its
PRIVACY AND RICA authorised representative.
18.2. All notices given in terms of this Contract shall be in writing. General notices
that do not commence legal proceedings shall be sufficiently provided to
16.1. Vox reserves the right to make general credit reference enquiries about the
either Party by way of email, or where applicable by any other electronic
Customer and to check the correctness of the information that has been
messaging service.
supplied. Vox shall also be entitled to furnish any information relating to the
Customer’s account and compliance with these conditions to any registered
credit bureau. 19. CANCELLATION PROCESS
16.2. The Customer warrants and represents that all information supplied by it is
accurate, correct and complete. 19.1. Unless Vox expressly agrees to the contrary in writing, Customer must
16.3. Vox will use the Customer’s Personal Data strictly in accordance with the cancel services on at least 90 days’ advance notice to take effect at the end
Regulations promulgated in terms of Section 69 of the ECA or the of the Initial Period or the Renewal Period, failing which Vox my charge the
Protection of Personal Information Act, whichever is applicable. Customer a cancellation fee.
16.4. Customer will provide Vox with all required Personal Data and other details 19.2. Cancellations must be processed through the cancellation request form in
which Vox is required to obtain from the Customer in terms of section 39 or the Vox Portal, or Customer must send a cancellation request to
40 of RICA. cancellations@voxtelecom.co.za. The online cancellation request form will
16.5. Customer shall not transfer the Service to another person, other than a reflect the duration that is left for each Service as well as the cancellation
family member or dependent. fee (if any) of each Service. Cancellations received by email will be followed
16.6. The Customer acknowledges and accepts that where the Customer does up with a quote setting out the cancellation fee (if any) of each Service.
not comply with these provisions, it will amount to a material breach by the 19.3. Email cancellations must contain at least the following information:
Customer of the Contract. 19.3.1. The Customer’s account number; and
19.3.2. The description of the Service/s to be cancelled as is described on
17. GENERAL the Customer’s invoice.
19.4. Vox will not be deemed to have received a cancellation notice unless it has
issued Customer with written confirmation of receipt and a unique reference
17.1. Cession, delegation, assignment: Neither Party may cede, delegate,
number. If Customer is not furnished with a unique reference number within
assign, charge, transfer or otherwise dispose of this Contract or any rights
48 hours of transmitting its cancellation notice, Customer must escalate to
or obligations therein in whole or in part, without the written consent of the
talk2us@voxtelecom.co.za.
other Party. Such consent shall not be unreasonably withheld or unduly
19.5. Vox’s processing of a cancellation request shall be without prejudice to its
delayed. Notwithstanding the foregoing, Vox may assign any and all of its
right to any claim that it may have in terms of this Contract. Customer
rights and obligations hereunder: (i) to any Vox affiliate (as defined the
acknowledges that in many instances cancellation of Services is not
Companies Act, 71 of 2008; (ii) to a third party pursuant to any sale or
reversible or may attract financial penalties, and therefore Vox may delay
transfer of substantially all the assets or business of Vox or a Vox affiliate;
the actual termination of Services after acknowledging receipt of a
or (iii) to a third party pursuant to any financing, merger, or re-organisation
cancellation notice to communicate to Customer the consequences of
of Vox or a Vox affiliate.
termination and to allow Customer to withdraw a cancellation notice.
17.2. Applicable laws and Jurisdiction: This Contract will be interpreted and
19.6. Customer shall remain liable for any Charges raised by Vox against the
governed by the laws of South Africa.
Customer’s account after the Customer has sent Vox a cancellation notice
17.3. Variation and Amendment: Subject to and save where the right to amend
that is not processed in the manner set out herein.
the Contract, has been mentioned explicitly under the Contract, neither
party may vary the terms of the Contract unless the other party agrees to
such variation and the variation is reduced to writing and signed by both
parties.

General Terms and Conditions v1.1


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Addendum – Data Processing

THIS ADDENDUM MUST BE READ IN CONJUNCTION WITH THE GENERAL TERMS AND CONDITIONS. WHERE
ANY DISCREPANCY OCCURS, THE PROVISIONS OF THE ADDENDUM SHALL APPLY.

1. Scope 3.2.2.5. removes or disables access to the data it has stored


upon receiving a take-down notice referred to
1.1. This addendum deals with the Processing of Personal Information where in section 77 of ECTA.
the Customer is a Responsible Party, and Vox is the Operator.
3.2.3. Hosting. Where Vox provides a service that consists of the
1.2. Where Vox is the Responsible Party and Customer is the Data Subject, storage of data provided by Customer, Vox is not liable for
the processing of Customer's Personal Information is governed by the damages arising from data stored at the request of the Customer,
General Terms and Conditions, the Code of Conduct Regulations as long as Vox —
published under section 69 of the ECA, and POPIA.
3.2.3.1. does not have actual knowledge that the data
1.3. In terms of this addendum: message or an activity relating to the data message
is infringing the rights of a third party; or
1.3.1. Vox will take accountability for Personal Information that 3.2.3.2. is not aware of facts or circumstances from which the
traverses or is temporarily stored in devices on its Core Network infringing activity or the infringing nature of the data
as set out in clause 4 read with clauses 5 and 6 of this addendum; message is apparent; and
and 3.2.3.3. upon receipt of a take-down notification referred to
in section 77, acts expeditiously to remove or disable
1.3.2. Customer takes accountability for Personal Information on its access to the data.
Subscriber Equipment, or that is transmitted across the
Customer's network as more fully set out in clause 7 of this 3.2.4. No general obligation to monitor. There is no general obligation
addendum. on Vox to monitor the data which it transmits or stores.

2. Definitions 4. Vox Obligations

Capitalised terms not defined herein have the same meaning as defined in the 4.1. Processing. Vox will:
General Terms and Conditions.
4.1.1. Process Personal Information on behalf of Customer only with the
2.1. Core Network means all the network infrastructure between and knowledge or authorisation of Customer;
including Vox's PE Routers;
2.2. Data Subject is as defined in POPIA; 4.1.2. treat Personal Information conveyed across its Core Network as
2.3. ECTA means the Electronic Communications and Transactions Act, 25 confidential and will not disclose it unless required by law or in the
of 2002; course of the proper performance of its duties.
2.4. End-Point/s means the Managed Service Equipment (whether physical
or virtual) connected to Customer's Subscriber Equipment; 4.2. Security measures
2.5. Operator is as defined in POPIA;
2.6. PE Router means a router between Vox's network and networks owned 4.2.1. Whilst Vox is Processing Customer's Personal Information, Vox
and administered by other network providers; will ensure that it takes appropriate, reasonable technical and
2.7. Personal Information means Personal Information as defined in organisational measures to prevent—
POPIA;
2.8. POPIA means the Protection of Personal Information Act, 4 of 2013; 4.2.1.1. loss of, damage to or unauthorised destruction of
2.9. Processing means, for this addendum, the dissemination, transmission Personal Information; and
or distribution across the Vox Core Network of Personal Information 4.2.1.2. unlawful access to or processing of Personal
destined for, or originating from, Customer's End-Point/s; and Information
2.10. Responsible Party is as defined in POPIA.
whilst traversing the Vox Core Network.
3. Processing Personal Information in terms of ECTA
4.2.2. Vox will notify Customer’s designated contact person immediately
where there are reasonable grounds to believe that Personal
3.1. For purpose of this addendum, Vox does not subscribe to the principles
Information has been accessed or acquired by any unauthorised
set out in section 51 of ECTA simply because Vox does not retain the
person whilst traversing the Vox Network.
Personal Information it Processes;

3.2. Vox is a member of a recognised industry representative body and 5. Customer Consents
accordingly the limitations of liability in ECTA applies to Vox.
Consequently, Customer acknowledges that in respect of Processing (as 5.1. To give effect to clause 4.1.1 above, Customer hereby freely and
defined herein), ECTA provides as follows: voluntarily provide Vox with permission to Process its Personal
Information in accordance with these terms and of POPIA.
3.2.1. Mere conduit. Vox is not liable for providing access to or for
operating facilities for information systems or transmitting, routing 5.2. Customer acknowledges that it understands how Personal Information
or storage of data messages via an information system under its will be Processed and consents to the Processing thereof.
control, as long as Vox —
6. Cross Border Transmission of Personal Information
3.2.1.1. does not initiate the transmission;
3.2.1.2. does not select the addressee; 6.1. Vox transmits messages to and from source and destination IP’s without
3.2.1.3. performs the functions in an automatic, technical interrogating the geographic location of a source or destination IP.
manner without selection of the data; and
3.2.1.4. does not modify the data contained in the 6.2. Furthermore, once a message exits the Vox Core Network onto the
transmission. network of an interconnect, peering or transit party’s network, Vox has no
further control of the path that the message is routed on, or the security
3.2.2. Caching. Where Vox transmits data provided by Customer via an measures taken along that path. This is a function of the nature of how
information system under its control, it is not liable for the the global internet functions.
automatic, intermediate and temporary storage of that data,
where the purpose of storing such data is to make the onward 6.3. Accordingly, Vox has no control of the territories to or from which
transmission of the data more efficient to other recipients of the message are sent.
service upon their request, as long as Vox —
7. Customer Obligations
3.2.2.1. does not modify the data;
3.2.2.2. complies with conditions on access to the data; 7.1. Customer acknowledges and agrees that the Vox security products and
3.2.2.3. complies with rules regarding the updating of the services are only components of the Customer's overall security program.
data, specified in a manner widely recognised and
used by industry;
3.2.2.4. does not interfere with the lawful use of technology,
widely recognised and used by industry, to obtain
information on the use of the data; and

Vox General Terms and Conditions Addendum A v1.1


Date: 29 June 2023 Contract No: Q2939200 Page
Page10 of 11
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Addendum – Data Processing

7.2. Even though Vox offers or provides Customer with security products to 7.3. Customer must ensure that it obtains the consent of its Data Subjects for
protect the logical and physical security of Customer's networking the transmission of Personal Information to countries outside of the
environments, the Customer remains responsible for maintaining the Republic of South Africa.
security of its internal network and Subscriber Equipment from
unauthorised access.

Vox General Terms and Conditions Addendum A v1.1


Date: 29 June 2023 Contract No: Q2939200 Page
Page11 of 11
8 of 14
VOX FIXED LTE TERMS AND CONDITIONS

These product specific terms and conditions need to be read in conjunction with the general
terms and conditions. Where any discrepancy occurs, the provisions of these product specific
terms and conditions shall apply.
2.3. All services other than data (Voice, SMS, USSD, WASP,
1. Interpretation Roaming) are strictly prohibited.
2.4. All hardware will include a 12-month manufacturer’s warranty.
Unless a contrary intention clearly appears, the following terms 2.5. Should the provisions of the Consumer Protection Act 68 of 2008
shall have the following meanings: (“CPA”) apply and the Subscriber terminates the service due to a
lack of service functionality, Vox will not levy a termination fee
1.1. Anytime Data refers to a data allocation for use at any time of beyond the standard Router recovery fee.
the day or night; 2.6. Should a Subscriber decide to cancel their Fixed LTE service
1.2. Best Effort refers to a data service where Upload or Download contract, the inclusive monthly data as well as their Top-Up
speeds cannot be guaranteed by the service provider or bundles, if applicable, will terminate at the end of the following
upstream provider based on the nature of the LTE network, and month.
Subscriber access method; 2.7. The data allocation subscribed to at the beginning of the final
1.3. Data Cap means the amount of data allocated as part of the month of service will be available until 23:59 on the last day of the
service subscription (e.g. 50GB is allocated to the package and month.
once depleted a Top Up could be purchased); 2.8. The initial data allocation and commensurate billing is pro-
1.4. Download refers to the maximum potential throughput rate at rated for all Fixed LTE services.
which data may be transferred from the Internet under optimal 2.9. An early cancellation penalty may be levied should a contract be
network conditions; prematurely terminated.
1.5. Equipment means the hardware, including but not limited to a 2.10. Upgrades and downgrades of Vox LTE packages are permitted,
modem and Router, which are owned by Vox Telecom, unless however will only be activated on the first day of the following
purchased outright by the Subscriber; month.
1.6. Fixed LTE means the SIM card may be locked to the cellular 2.11. Downgrades of Telkom LTE package is subject to an
towers surrounding the location where the SIM card is intended administration fee, currently R404.00 excluding VAT.
to be used (the order address); 2.12. Any unused data is forfeited when Upgrading or Downgrading on
1.7. GB means Gigabyte; Vox LTE powered by Telkom.
1.1. In Coverage refers to a geographical area deemed within the
• Example: Should 10GB of data remain of the Subscriber’s
LTE upstream provider network covered area, where the
subscribed data bundle at month end; this 10GB will not be
address for which the LTE service is being ordered;
added to the new data allocation.
1.2. Kbps means kilobits per second;
2.13. Vox LTE packages are available as month-to-month, 12 or 24-
1.3. MB means Megabyte;
month subscriptions, as defined by the specific product.
1.4. Mbps means Megabits per second;
2.14. All rented hardware, such as Router/s which are not purchased
1.5. Network Coverage means the geographical area within which
outright by the Subscriber, remain the property of Vox and will be
the Internet Services can be accessed and used by the
collected within thirty (30) days of the last day of active service,
Subscriber
should the Vox LTE subscription be terminated.
1.6. Night Surfer refers to a data allocation applied to a specific time
2.15. The Data Cap included in the monthly subscription will be
frame during the night, usually between midnight and seven o
replenished on the 1st day of every month.
clock in the morning. (Mobile Network dependent)
2.16. Top Ups may be purchased via the Customer Zone.
1.7. Out of Coverage refers to any geographical location which
2.17. If the account billing method is ‘Debit order’, Top-ups can be
does not fall within the 'In Coverage' area.
purchased twice on account and thereafter via Credit Card.
1.8. Promotional Period means the period during which a
2.18. If the account billing method is ‘Cash’ or ‘Direct Deposit’, Top- ups
promotional offer may be on offer, for example, between April
can be purchased via Credit Card only.
01 and April 30 or ‘as advertised and available online via
2.19. Unused data which is part of the Telkom Anytime data bundle is
www.vox.co.za’.
available until the end of the following month.
1.9. Promotional Offer refers to the product offered during the
2.20. Unused data is used first in the following month, before the
Promotional Period.
subscribed data bundle is used.
1.10. RICA means the Regulation of Interception and Provision of
2.21. Unused data which is part of Telkom Night Surfer data
Communication-Related Information Act 70 of 2002
allocation does not roll over.
1.11. Router is a device supplied by Vox into which the SIM is inserted,
2.22. Telkom Fixed LTE services do not roam onto the Vodacom or
and which connects the Subscriber to the mobile network.
MTN networks.
1.12. Subscriber means Vox’s end-customer who has contracted to
2.23. Billing and data allocation are pro-rated for new
use the product(s) or service(s) referred to herein;
subscriptions that do not commence on the first of
1.13. Top Up refers to a once off add on bundle of data purchased to
the month.
supplement a capped service account;
2.24. Top Up data bundles are valid for 30 (thirty) days from date of
1.14. Upgrade/ Downgrade means changing the subscribed package
purchase. E.g. a Top Up purchased on December 17th will be valid
to either a higher or lower data allocation respectively;
until January 16th.
1.15. Upload refers to the maximum potential throughput rate at
2.25. Orders for LTE can only be processed should the Subscriber’s
which data may be transferred to the Internet under optimal
address be deemed In Coverage.
network conditions; and
2.26. The delivery address specified during the order phase is
1.16. Upstream Service Provider means the Mobile Operator
mandatory to allow the Vox courier service to deliver the
providing LTE services to Vox for resale to the Subscriber.
service package.
2.27. Applicable RICA proof of address is required by the recipient in
2. Specific provisions pertaining to Vox Fixed LTE powered by his or her personal capacity.
Telkom 2.28. Should the first delivery attempt fail due to negligence of the
Subscriber, the courier will retry the delivery and the Subscriber’s
2.1. Vox LTE is a data-only service. account will be billed the additional delivery fee.
2.2. Fixed LTE is a wireless service and as such is a Best Effort 2.29. Should any charges be incurred to install outdoor Router
service with no guarantees on throughput. There are many hardware, these charges will be billed to the Subscriber’s
factors that can affect the speed of the LTE service such as, but account.
not restricted to, signal strength/distance to tower, number of 2.30. Should a Router be deemed faulty due to Subscriber
users on the tower, type of service being accessed on the negligence, an administration fee may be levied to the
internet and local PC environment. Subscriber’s account to defray courier costs.

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VOX FIXED LTE TERMS AND CONDITIONS

5.6. Promotional product offers online or via any Vox media


2.31. Should any LTE order be placed In Coverage but be used at a from time to time are limited to the advertised products
location deemed Out of Coverage, Vox accepts no liability for only and for the stated Promotional Period only.
potential lack of, or degraded, service. 5.7. Migrations to promotional products are not permitted
2.32. The Subscriber will be liable for cancellation costs as per Vox’s from existing Fixed LTE services.
General Terms and Conditions should the LTE services be used 5.8. Upgrades or Downgrades to promotional products are
in an Out of Coverage area as described in clause 1.7, and not permitted from existing Fixed LTE subscriptions,
subsequently terminated by the Subscriber (the CPA cooling off unless otherwise stated in the Promotional Offer.
cancellation terms do not apply). 5.9. Promotional Offers are for new sales only.
2.33. In the event of a Subscriber choosing to purchase Router 5.10. Any recurring data subscription discount or special pricing
hardware outright, the Router becomes the property of the offered will be valid as stipulated in the Promotional Offer
Subscriber and cannot be returned to Vox. and subject to the associated terms of such Promotional
2.34. In the event of a Subscriber choosing a rental product option, Offer.
the Router remains the property of Vox and will be collected 5.11. Hardware sold as outright purchase is not affected by
should the subscription be terminated at any point in time. any promotional LTE data subscription offer, unless
2.35. A fixed cancellation fee will be levied against the Subscriber’s otherwise stated.
account in the event of a Router rental agreement being 5.12. Upon the expiry of the Promotional Period, or should the
terminated to defray administration and/or collection fees by Vox, advertised promotional pricing cease to be made available
in addition to the standard notice period fee for termination of the online, the promotion will be deemed to be over and
data account. standard pricing will apply.
2.36. During busy periods, the Upstream Service Provider may at its 5.13. Standard termination terms apply including applicable
discretion implement traffic management rules which prioritize termination penalties or fees, unless stated otherwise in
real time traffic, such as video streaming or browsing, over non the Promotional Offer and its associated terms.
real time traffic, such as torrents or large file downloads.
2.37. Data speeds may also be reduced during busy or peak network
times. 6. SIM + Router Promotion

3. Cancellation Terms 6.1. Where a Router is supplied by Vox at no cost as part of


any Promotional Offer, such Router will remain the
3.1. Subscriber must give one clear calendar month notice of their property of Vox and must be returned to Vox on
intention to cancel the service. termination of the subscription.
3.2. Example: If cancellation is logged on 20 February, the LTE
service will terminate at the end of the following month; on 7. Data Validity Rules for Vox LTE (Powered by Telkom)
31 March.
3.3. Cancellations must be processed via the Vox Customer Zone or 7.1. All Vox LTE packages are post-paid contracts.
sent to Vox in writing. 7.2. Telkom is the Upstream Service Provider of the Vox LTE
3.4. If a cancellation in terms of clause 3.1 above results in the (powered by Telkom) subscriptions.
termination of service prior to the expiration date of a fixed term 7.3. The monthly Inclusive anytime data validity period shall expire
agreement, then Vox shall be entitled to levy a reasonable within two calendar months from the month of allocation (i.e.
termination fee, including any penalty fees which the Upstream the inclusive anytime data allocated to your plans on 01
Service Provider may levy to Vox. December will expire on 31 January).
3.5. Any subscription which includes a Router rental will be subject to 7.4. The monthly Inclusive Night Surfer data validity period shall
an administration fee upon termination of the subscription. expire in one calendar month from the month of allocation
3.6. Cancellation of a Router rental subscription will initiate the (i.e. the inclusive night surfer data allocated to your plans on
process of collecting the Router and the administration fee will 1 December will expire on 31 December).
be billed to the Subscriber’s account. 7.5. The unused inclusive anytime data on Vox LTE (powered by
Telkom) plans shall roll over to the end of the next calendar
4. Consumer Protection Cancellation Terms month. Rolled over data will be depleted first before the
newly allocated inclusive data is used.
4.1. In terms of the Electronic Communications and Transactions 7.6. The unused inclusive Night Surfer data on Vox LTE (powered
Act 25 of 2002 (ECT Act) a Subscriber has a general right to by Telkom) plans shall not be carried over to the next calendar
return the LTE product (SIM card and /or Router); month.
• For seven (7) days after taking delivery; 7.7. Night Surfer Data is valid between 12am – 7am, every day
• For any reason; of the year.
• Without penalty; but 7.8. The Vox LTE (powered by Telkom) packages are
• The Subscriber must pay the cost to return the goods. promotional offers and Telkom reserves the right to retract
4.2. Should the Subscriber reject delivery of the LTE products, the the offer at any time and with no prior warning to Vox.
cost of returning them to Vox will be the once-off activation and 7.9. Telkom reserves the right to throttle and/or shape the traffic
delivery fee invoiced to the Subscriber’s account. of the Vox LTE (powered by Telkom) service in the network
peak times between 6pm and 11pm daily.
5. General Promotional Terms 7.10. Except where stated otherwise in any Promotional Offer,
Vox LTE (powered by Telkom) post-paid Subscribers shall
5.1. Free-to-use Routers remain the property of Vox and do not cede be allocated the inclusive Telkom Anytime data bundle and
to the Subscriber, unless a purchase agreement is concluded equal Night Surfer data bundle.
between the Subscriber and Vox at the end of the subscription 7.11. The Vox LTE (powered by Telkom) post-paid Subscribers
term. who deplete their inclusive allocated data, before month end
5.2. Upon termination of the Free-to-use subscription the Router have an option to top-up/purchase the LTE once-off data
hardware must be returned to Vox within 30 days of the final bundles, which expire within 61 days for Anytime data and
day of use, at the cost of the Subscriber. within 31 days for Night Surfer data, from the date of
5.3. Free-to-use Router must be returned to Vox in a reasonable activation (“Once Off Bundles”).
condition. 7.12. Once-off bundles that have not been depleted within the
5.4. Should the Subscriber choose to have Vox collect the Router an month in which they were purchased, will carry over to
administration fee will be charged to the Subscriber’s account. subsequent months until they expire on the set expiry date.
5.5. Should the hardware not be returned to Vox by the 7.13. At the beginning of the new month, Vox LTE (powered by Telkom)
Subscriber within the prescribed 30 days, Vox will charge a post-paid Subscribers shall be allocated the inclusive data which is
fee equal to the full recommended retail price of the device anytime data and night surfer data. The inclusive allocated data will
to the Subscriber’s account. always be the primary bundle that will be consumed first and there-
after the remainder of the data bundle carried over of LTE Once-
Off bundle if applicable.

Vox LTE-A Capped v2.0


Date: 29 June 2023 Contract No: Q2939200 Page 13
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VOX FIXED LTE TERMS AND CONDITIONS

For example, a Subscriber who depletes their inclusive data on the


20th of October and top- up/purchase the LTE Once-off bundle which
expires within 61 days for Anytime data and within 31 days for Night
Surfer data from the day of activation.). The LTE Once-off bundle will
expire on 19th December. On 1st November, the inclusive data will be
allocated and the remaining LTE Once-off data bundle, will be carried
over. The inclusive allocated data will always be the primary bundle
that will be consumed first and once depleted then the remaining LTE
Once-Off data bundle shall be consumed if still available.

7.14. Subscription to Telkom’s Vox LTE (powered by Telkom) service is


subject to the availability of its LTE network coverage within the
specified location and the Subscriber will not be able to roam on
Vodacom network.
7.15. The Vox LTE (powered by Telkom) service is provided as a fixed
wireless broadband service for use in a fixed location and should a
Subscriber relocate, Telkom cannot guarantee and / or be held
liable for lack of network coverage, reliability and throughput
outside its specified LTE coverage areas.
7.16. Should a Subscriber use their Vox LTE (powered by Telkom)
service for mobility purposes Telkom shall not be liable for lack of
LTE coverage and/ or throughput outside of its LTE coverage
areas
7.17. Telkom shall endeavour to ensure that LTE coverage is available
where Telkom stipulates it has LTE coverage. Telkom shall not,
however, be held responsible for Subscriber’s inability to access
the Internet in areas that are not eligible for LTE.
7.18. A compatible device is required to use Telkom’s LTE services. The
maximum speed that can be experienced by the Subscriber is
dependent on the speed specification of the device.
6.20. Vox will load a zero Rand call limit on every Telkom LTE contract
subscription to avoid possible out of bundle billing, however
Telkom does not guarantee the call limits.
6.21. Telkom’s LTE network is supported on the 2300MHz TDD Radio
frequency spectrum and the experience may vary depending on
the wall thickness at the Subscriber’s premises/ location.

Vox LTE-A Capped v2.0


Date: 29 June 2023 Contract No: Q2939200 Page 14
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