|
SECTION A: Terms of Service SECTION A: TERMS OF SERVICE Thank you for using Greydot Mobile! These terms of service (the "Terms") govern your access to and use of Greydot Mobile ("we" or "our") websites, software and services (the "Services"), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Greydot Mobile and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. Your Stuff & Your Privacy By using our Services you provide us with information such as your name, contact number, email address and partial credit card information (together, "your stuff"). You retain full ownership to your stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below. For accounting purposes we are obliged by law, to keep track of who called you and who you called, so called "customer detail records" ("CDR"), but not the contents of the conversation, see our Privacy Policy. By using our Service you agree that the CDR(s) is our shared stuff with the understanding that we will not intentionally share CDR(s) information with anyone unless we're directed by you or by a court order to do so. By using our Service you give us your permission to do things with your stuff, for example, sending you product updates, system notifications and nagging you to subscribe. This includes product features visible to you, for example, text messages. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example our internet service provider (again, only to provide the Services). You by default grant us permission to present the calling line identity (CLI) of your choice based on the assurance and verification of your assignment of the number presented, by the relevant operator. You may revoke this permission at any time. To be clear, aside from the rare exceptions as published in our Privacy Policy, no matter how the Services change, we won't intentionally share your information with others, for any purpose unless you direct us to. You are solely responsible for your conduct and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms. You acknowledge that Greydot Mobile has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality, or any other information you may be able to access using the Services. Your Responsibilities We plead with your to use our Service in a responsible manner and according with Acceptable Use Policy; You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Acceptable Use Policy. You, and not Greydot Mobile, are responsible for maintaining and protecting all of your stuff. Greydot Mobile will not be liable for any loss or theft of your stuff or for any costs or expenses associated with the use of your stuff. If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. Account Security You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Greydot Mobile of any unauthorized use of your account. Software and Updates Our Service requires you to download a software application freely distributed under the GNU General Public License, to your mobile device such as tablet or telephone ("Software"). We hereby reserve all rights not expressly granted under the provisions of the GNU General Public License, in these Terms. Our Services may update the Software on your device automatically when a new version is available. Greydot Mobile Property and Feedback These terms do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. Some of the technologies we use to provide the Services are protected by trademark, and other laws of both South Africa and foreign countries. These Terms do not grant you any rights to use the Greydot Mobile trademarks, logos, domain names, or other brand features. Copyright, Patents & Trademarks We will respond to notices of alleged copyright, patent or trademark infringement if they comply with South African law and are properly provided to us. Our designated agent for notice of alleged infringement on the Services is: Greydot Mobile Other Content The Services may contain links to third-party websites or resources. Greydot Mobile does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply. Termination Though we'd much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. Resolving Disputes Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Greydot Mobile, you agree to try to resolve the dispute informally by contacting disputes department. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Greydot Mobile may bring a formal proceeding. We Both Agree To Arbitrate. You and Greydot Mobile agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms. Arbitration Procedures. The Association of Arbitrators (Southern Africa) will administer the arbitration. The arbitration will be held in South Africa, or any other location we agree to. Arbitration Fees and Incentives. The Association of Arbitrators (Southern Africa) rules will govern payment of all arbitration fees. Greydot Mobile will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate. Either you or Greydot Mobile may assert claims. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, without first engaging in arbitration or the informal dispute-resolution process described above. No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Greydot Mobile agree that any judicial proceeding will be brought in the courts of the Republic of South Africa. Both you and Greydot Mobile consent to venue and personal jurisdiction there. Controlling Law These Terms will be governed by the laws of the Republic of South Africa. Entire Agreement These Terms constitute the entire agreement between you and Greydot Mobile with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability & Assignment Greydot Mobile's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Greydot Mobile may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Modifications We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. Greydot Mobile is Available "AS-IS" Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it's just that these disclaimers are really important, so we want to highlight them). Greydot Mobile will have no responsibility for any harm to your computer or system or mobile device, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Greydot Mobile, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Greydot Mobile HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF R20 (TWENTY SOUTH AFRICAN RAND) OR THE AMOUNTS PAID BY YOU TO Greydot Mobile FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Miscellaneous Legal Terms THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY SOUTH AFRICAN LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE REPUBLIC OF SOUTH AFRICA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Greydot Mobile with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Greydot Mobile's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Greydot Mobile may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Greydot Mobile and you are not legal partners or agents; instead, our relationship is that of independent contractors. SECTION B: PRIVACY POLICY This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the Greydot Mobile service (the "Service") through our website Government Data Request Principles We understand that when you entrust us with your digital life, you expect us to keep your stuff safe. Although we have the technical ability to store and therefore provide the contents of your conversations, text and other messages, we don't do so by default. Our policy is that the less we know and by implication the less you give us of your digital life the less there is to provide to governments. Like most online services, we receive requests from governments seeking information about our users and under applicable law we might be forced to collect, store and share this information with law enforcement, without your knowledge or consent. These principles describe how we deal with the requests we receive. Be transparent: Online services should be allowed to report the exact number of government data requests received, the number of accounts affected by those requests, and the laws used to justify the requests. Fight blanket requests: Government data requests should be limited to specific people and investigations. We'll resist requests directed to large groups of people or that seek information unrelated to a specific investigation. Protect all users: Laws authorising governments to request user data from online services shouldn't treat people differently based on their citizenship or where they live. Provide trusted services: Governments should never install backdoors into online services or compromise infrastructure to obtain user data. Resist: We never simply hand over your information, we ask, we verify, we resist in a court of law, if need be, and if we are able to do so, more so if you paid us through subscriptions or other donations for the Services. The Information We Collect and Store We may collect and store the following information when running the Greydot Mobile Service: Information You Provide: When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information and email address. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. When you invite others to join Greydot Mobile by using our referral page, we send them a one-time text message for that referral. You may also provide us with your contacts' telephone numbers and email addresses when inviting them. We may also receive Personal Information (for example, your email address or telephone number) through other users, for example if they have tried to refer Greydot Mobile to you. Log Data: When you use the Service, we automatically record information associated with your call: who you called and who called you, but not the contents of the conversation. We further record information from your Device, its software, and your activity using the Services. This may include the Device's Internet Protocol ("IP") address, browser type, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your calls, and other interactions with the Service. How We Use Personal Information Personal Information: In the course of using the Service, we may collect personal information that can be used to contact or identify you ("Personal Information"). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the "unsubscribe" instructions provided in any of those communications, or update your account settings information. Geo-Location Information: Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps. Some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device's location. Analytics: We also collect some information (ourselves or using third party services), which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyse use of the Service, for the Service's technical administration, to increase our Service's functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. Information Sharing and Disclosure Your Use: We will display your Personal Information in your account page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your account page and your desired level of anonymity. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated. Service Providers, Business Partners and Others: We may use certain trusted third party companies and individuals to help us provide, analyse, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service's features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. Third-Party Applications: We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you. Compliance with Laws and Law Enforcement Requests; Protection of Greydot Mobile's Rights: We may disclose to parties outside Greydot Mobile information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Greydot Mobile or its users; or (d) to protect Greydot Mobile's property rights. If we provide your information to a law enforcement agency as set forth above. Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information. Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service. Changing or Deleting Your Information If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "account settings." If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. Data Retention We will retain your information for as long as your account is active or as needed or as directed by law in order to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers call information that you have in common with other users. Greydot Mobile Community Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. Our Site includes links to other Web sites whose privacy practices may differ from those of Greydot Mobile. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit. Security The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission and contents of that information. We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. Our Policy towards Children Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files. Contacting Us If you have any questions about this Privacy Policy, please contact us at privacy or at P.O Box 5403, Weltevreden Park, South Africa, 1715. Changes to our Privacy Policy This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy. SECTION C: ACCEPTABLE USE POLICY Greydot Mobile is used by many people, and we are proud of the trust placed in us. In exchange, we trust you to use our services responsibly. You agree not to misuse the Greydot Mobile services. For example, you must not, and must not attempt to, use the services to do the following things. - probe, scan, or test the vulnerability of any system or network; SECTION D: CODE OF CONDUCT AND SERVICE CHARTER iCTEL PTY Ltd , a company owned by Greydot Telecoms Pty Ltd, (“iCTEL�) subscribes to this Code of Conduct which prescribes the minimum standard of conduct that iCTEL endeavours to follow in rendering services to its subscribers. iCTEL has compiled this Code of Conduct in accordance with the guidelines as well as the minimum standards for subscriber charters prescribed by the Independent Communications Authority of South Africa (“the Authority�) in Notice 1740 of 2007 published in Government Gazette No 30553 dated 7 December 2007 and in Notice 272 of 2008 published in Government Gazette No 30792 dated 25 February 2008, respectively. 1 KEY COMMITMENTS iCTEL will:- 1.1 act in a fair, reasonable and responsible manner in all dealings with subscribers; 1.2 ensure that all services and products meet the specifications as contained in iCTEL’s licences and all the relevant laws and regulations; 1.3 not unfairly discriminate against or between subscribers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation; 1.4 display utmost courtesy and care when dealing with subscribers; 1.5 provide subscribers with information regarding services and pricing; 1.6 where requested provide subscribers with guidance with regard to their customer needs; 1.7 keep subscribers’ personal information confidential; and 1.8 advise consumers of their right to refer complaints to ICASA. 2 CONSUMER RIGHTS Subscriber rights in terms of the services that iCTEL provides include (without limitation) the right to: 2.1 be provided with the required service without unfair discrimination; 2.2 choose the service provider of their choice; 2.3 receive information in their preferred language; 2.4 access and question records and information held by the service provider; 2.5 the protection of the consumer's personal data, including the right not to have personal data sold to third parties without the permission of the consumer; 2.6 port a number in terms of applicable regulations; 2.7 lodge a complaint; and 2.8 redress. 3 PROVISION OF INFORMATION 3.1 iCTEL is required to provide subscribers with ready access to accurate and easy-to-understand information relating to our: 3.1.1 broad range of services / products on offer 3.1.2 tariff rates applicable to each service offered 3.1.3 terms and conditions 3.1.4 payment policies 3.1.5 billing 3.1.6 complaints handling procedures, and 3.1.7 relevant contact details. 3.2 This information is available on our homepage at www.ictel.co.za/www.greydot.me and on the service application forms required to be completed to apply for a service. 3.3 iCTEL’s billing and complaints handling procedures are contained in this Code. 3.4 We will provide you with an itemised bill or invoice on request (please email support in this regard). 3.5 Your application for a service or product may be subject to a credit referencing or risk assessment process. This means that iCTEL may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the National Credit Act, 2005) (“Assessment Information�) from registered credit bureaus in order to perform a financial means test, in order to determine whether you will be in a position to meet your obligations under the intended agreement. 3.6 iCTEL is entitled to perform a financial means test each time when you apply for a service/ product and package. 4 TARIFFS 4.1 The Code of Conduct Regulations prohibit any licencee from providing any service to a consumer for a charge, fee or other compensation unless the price and terms and conditions of the provision of such service have been made known to the public and ICASA. 4.2 iCTEL must: 4.2.1 Make this information available for inspection at its offices during business hours; 4.2.2 Make this information available to anyone who requests it at no charge; 4.2.3 Provide this information on its website; and 4.2.4 Provide the pricing details within 30 days of commencing a service. 4.3 iCTEL is prohibited from offering, presenting, marketing or advertising any tariff plan in a manner that may be misleading. 5 MINIMUM STANDARDS FOR THE SERVICES OFFERED BY iCTEL 5.1 iCTEL’s service contract is written in plain, simple language and includes clear provisions relating to the following: 5.1.1 Nature of the contract; 5.1.2 Minimum duration of the contract; 5.1.3 Any applicable payment for early termination - i.e. if a contract is terminated prior to any minimum duration; 5.1.4 Notice period for termination; and 5.1.5 Manner of notice of termination. 5.2 iCTEL informs its subscribers about changes to the terms and conditions of its contracts within a fair and reasonable period 5.3 iCTEL provides subscribers with a copy of the written terms and conditions immediately or as soon as is reasonably possible after conclusion of a contract. 6 PRIVACY AND CONFIDENTIALITY 6.1 iCTEL respects the constitutional right of Internet users to personal privacy and privacy of communications. 6.2 iCTEL respects the confidentiality of customers’ personal information and electronic communications, and does not gather, retain, sell or distribute such information to any other party unless: 6.2.1 it has written permission from the consumer to do so; 6.2.2 it is directed to do so by an order or court; 6.2.3 it is briefing an accredited debt collection agency during the debt collection process; 6.2.4 it is briefing its auditors for the purpose of auditing iCTEL’s financial affairs; or 6.2.5 such release is required or permitted by an applicable law. 7 CONSUMER PROTECTION AND PROVISION OF INFORMATION TO CUSTOMERS 7.1 iCTEL provides the following information on its web site: its registered name, email address, telephone and fax numbers and physical address. 7.2 iCTEL has an Acceptable Use Policy (AUP) in place for its Internet access services. This policy is made available to customers prior to the commencement of any such service agreement and at any time thereafter, on request. 7.3 In its dealings with consumers and other businesses and iCTEL must act fairly, reasonably, professionally and in good faith. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers. 7.4 iCTEL does not unfairly discriminate against or between consumers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation. 7.5 iCTEL only offers service levels which are reasonably within its technical and practical abilities. 7.6 iCTEL complies with all compulsory advertising standards and regulations. 8 BILLING iCTEL is required to: 8.1.1 clearly communicate billing processes to consumers; 8.1.2 set out billing and billing complaint procedures in its bills; 8.1.3 inform consumers at the outset, if applicable, if credit referencing risk assessment will be applied; and 8.1.4 provide a simple explanation to consumers of how the credit referencing system operates. This information must be provided in accordance with the provisions of the National Credit Act No. 34 of 2005 and any other applicable law and/or regulation. 9 BILLING COMPLAINTS HANDLING PROCEDURE 9.1 You are required to direct a billing complaint to support. The complaint is required to be accompanied by the following: 9.1.1 a copy of the bill concerned or the particulars thereof, e.g. the account number; 9.1.2 the reason for the dispute; 9.1.3 the amount in dispute; and 9.1.4 supporting information or documentation, if any. 9.2 Where a subscriber lodges a billing complaint, iCTEL’s complaint handling process is guided by the following general principles: 9.2.1 iCTEL will not disconnect the service of the subscriber while the investigation of a disputed portion of a bill is still pending; 9.2.2 iCTEL will reach a determination regarding the billing complaint and communicate it to the complainant within fourteen (14) working days; 9.2.3 iCTEL will not disconnect the service until it has notified the complainant about the results of their investigation and the final decision on the complaint; 9.2.4 iCTEL will not take adverse collection procedures or assess late charges and/or penalties while the investigation of a disputed billing is still pending; 9.2.5 iCTEL will not require the subscriber to pay the disputed bill in full pending the investigation of the complaint. 9.2.6 iCTEL will ensure that the subscriber is informed well in advance about time for payment and the possibility of disconnection in the case of non-payment within a certain period before they disconnect him/her. 10 PROMOTIONAL MARKETING, ADVERTISING AND SALES PRACTICES 10.1 iCTEL is committed to ensure that advertising and promotional material is not misleading and complies with the Advertising Standards Authority’s (ASA) Code of Conduct and any other relevant codes. 11 DEFECTIVE PRODUCTS 11.1 Defective products and services should be reported to iCTEL’s customer service centre via email on support. 11.2 iCTEL’s support team will contact subscribers with faulty equipment to arrange for replacement or repair of faulty products or services. 11.3 When faulty equipment is repaired, iCTEL will provide temporary swap-out equipment to subscribers. 12 COMPLAINTS HANDLING, RESOLUTION AND ESCALATION PROCEDURES FOR CUSTOMERS 12.1 All complaints other than billing complaints must be submitted to iCTEL and will be dealt with by iCTEL in accordance with the provisions of this clause 6. 12.2 You are required to afford us an opportunity to resolve a compliant before you approach the Authority. 12.3 You are required to direct a complaint to support. Your complaint should include the following: 12.3.1 your name and surname; 12.3.2 your account number; 12.3.3 the date on which the complaint arose; and 12.3.4 a brief description of what gave rise to the complaint. 12.4 iCTEL will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof. 12.5 iCTEL will formally resolve your complaint in writing within 14 (fourteen) working days of receipt thereof, or within such longer period as we may agree to under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider. 12.6 You may approach the Authority for resolution of the dispute, should you not be satisfied with the outcome of the dispute as determined by iCTEL. 12.7 The dispute will be referred to the Complaints and Compliance Committee of the Authority in terms of section 17 (H) of the ICASA Act in the event that the dispute is not resolved by the Authority itself as contemplated above. 13 OPERATIONAL/IMPLEMENTATION AND EVALUATION ARRANGEMENTS 13.1 The Code of Conduct Regulations require that iCTEL ensures that its employees are trained with regard to the contents of their code of conduct. 14 FREEDOM OF EXPRESSION 14.1 iCTEL respects the constitutional right to freedom of speech and expression. 15 STANDARD TERMS AND CONDITIONS 15.1 iCTEL’s standard terms and conditions are available on its web site. These terms and conditions are available to any potential customer prior to the commencement of any contract. 15.2 iCTEL’s standard terms and conditions contain: 15.2.1 all information and terms relevant to the relationship with the recipient of the service; 15.2.2 a requirement that the customer will not knowingly create, store or disseminate any illegal content; 15.2.3 a commitment to lawful conduct in the use of the services, including copyright and intellectual property rights; and 15.2.4 an undertaking not to send or promote the sending of spam. 15.3 These standard terms and conditions give iCTEL the right to remove any content hosted by iCTEL which it considers illegal or for which it has received a take-down notice. 15.4 These standard terms and conditions give iCTEL the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations. 16 ALTERATIONS 16.1 iCTEL reserves the right to make alterations to this Code of Conduct from time to time. Such amendments are binding on iCTEL. The current Code of Conduct will be maintained on iCTEL's web site. 17 CONTACT DETAILS 17.1 Address: A4 Westwood office, Kudu Str, 2170, Roodepoort 17.2 Postal address: P.O Box 5403 Weltevreden Park 1715 17.3 Email: support 17.4 Telephone: 010 5160400 |