TERMS AND CONDITIONS
1. SERVICES
Subject to the General Terms and Conditions set out above, Vox Orion Telecom South
Africa (Proprietary) Limited ("Vox Orion") hereby agrees to provide messaging services
elected by the subscriber on the face hereof / in the subscription agreement to
the subscriber, on the terms and conditions set out in the agreement ("service").
Definition of Products and Services: 1.1 SMS OnLine Product: A centrally hosted
internet based SMS platform, provided by Vox Orion Telecom, that allows an Vox Orion
subscriber (user) to send SMSs over an SMS link for delivery to the networks and
for receipt of replies; 1.2 Subscribers access the service via the internet and
log on using secure username and password issued by Vox Orion; 1.3 Subscribers access
reports via the internet; 1.4 Subscribers may send single and bulk SMSs; 1.5 There
is no limit to the number of subscribers from a single customer;
2. DURATION
The SMS OnLine Messaging agreement shall – 2.1 commence from the date on which the
subscriber subscribes for the service; 2.2 in respect of any monthly service fee
for the SMS OnLine service, endure for the duration as stated on the Subscriber
Agreement and, unless terminated on the giving of thirty days' prior written notice
before the end of the contract period, shall automatically renew for a further period
which shall be the same as the initial contract duration. Notwithstanding the aforegoing,
during any automatic renewal period the discounts applicable to the services provided
for in the agreement or in any proposal submitted to the subscriber shall not be
available to the subscriber until the subscriber concludes a new written agreement
with Vox Orion in respect of the services provided by Vox Orion for the term of
such automatic renewal period. Upon such written agreement being concluded between
the subscriber and Vox Orion, such discounts shall apply, mutatis mutandis, from
the date of conclusion of such written agreement.
3. SERVICE INCLUSIONS
3.1 For the duration of this agreement, Vox Orion hereby grants to the subscriber
the right to use the SMS OnLine service for the sending of SMSs and receiving of
replies. 3.2 The charges payable by the subscriber in terms of the SMS OnLine agreement
are: 3.2.1 once-off registration fees; 3.2.2 fixed monthly subscription fees per
user; 3.2.3 a fixed rate per SMS sent; It is expressly recorded and agreed that
Vox Orion shall be entitled, on thirty days’ written notice to the subscriber, to
increase the aforementioned charges in circumstances of the direct costs to Vox
Orion in providing the above services (including, without limitation, the charges
charged by the network providers in respect of such services) being increased. In
such event the increases to the rates shall be commensurate with the increased costs
of providing the services.
4. VOX ORION’s OBLIGATIONS
Vox Orion undertakes to – 4.1 grant to the subscriber the right to use the SMS M2S
facility as described in the Product Manual; 4.2 maintain the SMS OnLine server
and equipment and upgrade it at its discretion in order to provide maxium uptime
and quality of service; 4.3 investigate written complaints verified by factual data on behalf of the subscriber, but may not be held responsible for any content related
errors in any text message, delayed deliveries, failed messages or loss of data.
5. SUBSCRIBER OBLIGATIONS
The Subscriber undertakes to - 5.1 use the service only for the purpose for which
it is intended and to ensure that its employees, agents and/or subcontractors comply
and procure compliance with the instructions, specifications and recommendations
of Vox Orion; 5.2 monitor the service and notify Vox Orion about any breakdown in
service delivery; 5.3 notify Vox Orion about any problems relating to delivery reports
within 48 hours after receiving the report from Vox Orion; 5.4 notify Vox Orion
about any billing issues or errors within 30 days of receiving the disputed invoice
from Vox Orion; 5.5 implement and comply with the subscriber’s portion of the service
level agreement; 5.6 Pay to Vox Orion, all monies due as invoiced within the terms
of supply as signed on the agreement.
6. MODIFICATIONS
Vox Orion shall have the right to modify this agreement as it may deem necessary
in its sole and absolute discretion. All and any modifications to the terms will
be promptly posted on Vox Orion’s website and notified in writing to the subscriber.
Any use by the subscriber of the services after any such modification has been implemented
shall be deemed to constitute acceptance by the subscriber of such modification
to the agreement.
7. SUB-CONTRACTING, ASSIGNMENT
Vox Orion shall be entitled at any time during the currency of this agreement without
the consent of the subscriber, to sub-contract or assign any or all of its rights
and obligations in terms of this agreement to any other party
8. CONTRACTING ON BEHALF OF THE SUBSCRIBER
The subscriber hereby authorises Vox Orion, when deemed necessary by Vox Orion to
enable it to perform its obligations in terms of this agreement, to contract with
third parties on behalf of the subscriber.