Internet & VoIP Service Provider Terms and Conditions for Provisioning of Telecoms Services Last Updated: 01 November 2022

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1. Introduction and definitions

1.1. These terms and conditions (“Conditions”) shall govern the agreement between Session Telecoms (Pty) Ltd (“Us” or “We”) and the individual or organization applying for the provision of the Goods or Services (“You”).

1.2. Our correspondence address is Session Telecoms (Pty) Ltd. Centuria Office Park, building 13, 265 Von Willich Avenue, Die Hoewes, Centurion, 0157

1.3. You can contact us by email at support@sessiontelecoms.co.za or by telephone at +27 (0)86 006 1000

1.4. We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.

1.5. These Conditions take precedence if inconsistent with the material on our website.

1.6. The following have meanings in these Conditions: “Internet” means the global data network comprising interconnected networks to which we are connected and provide access to you via the Services; “Personal Data” means Data about any identified or identifiable living person; “Services” means the services described on the Website and which we agree to provide to you; “Website” means our web presence at www.sessiontelecoms.co.za. “CPE” means Customer Premises Equipment. This is the telecoms equipment installed on-site that You are responsible for, regardless of the ownership of the equipment. “Confidential Data” means Data identified as, or which clearly is, confidential.

2. Changes to these Conditions

2.1. We reserve the right to alter these Conditions at any time (including altering our Acceptable Use Policy and other policies) without notice.

2.2. Our current terms and conditions will be published at the following url: https://sessiontelecoms.co.za/terms-and-conditions-general/

3. Support

3.1. Should you have any problems or issues with the service, or need any help in using the service we provide to you, you can contact our support team by:

3.1.1. Email: support@sessiontelecoms.co.za

3.1.2. Phone: +27 86 006 1000

3.2. To ensure we can answer any questions you may have or resolve any problems you may experience, please include the following information when contacting us:

3.2.1. Telecoms

3.2.1.1. Line & Extension number (if applicable) that you are experiencing problems with

3.2.1.2. Number you are trying to call (if applicable)

3.2.1.3. Date and Time the problem occurred

3.2.1.4. Full description of the fault, including error messages, error tones, and anything else that may be helpful

3.2.2. Broadband (Data)

3.2.2.1. ID of your broadband service

3.2.2.2. Account Holder Name

3.2.2.3. Address of service

3.2.2.4. Full description of error messages you may see, such as errors produced by your browser, etc, and/or the status lights on the Fibre ONT

3.2.3. Billing

3.2.3.1. Your invoice number your query refers to

3.2.3.2. Keep in mind your first bill may include more than one month’s rental as your bill will include charges from the day you signed up to the billing date and then one month rental in advance

3.3. Should we send out an engineer to your premises to resolve a fault, and the fault is found with the CPE, or a fault caused by tampering, or anything else on-site that interferes with the correct working of the system, you may be held liable for the costs incurred. These costs can vary depending on the work involved.

4. Complaints

4.1. We are committed to providing You with excellent service and taking the time to listen to any concerns or grievances you may have about the service we provide. In the first instance please follow our support procedure, but if you are not satisfied with the outcome, you can lodge a formal complaint by emailing complaints@sessiontelecoms.co.za.

4.2. We aim to respond to your complaints within 1 business day and resolve any concerns you may have as soon as possible, but in the unlikely event that your complaint has not been resolved to your satisfaction within eight weeks, you may use our alternative dispute resolution scheme. Please contact us on +27 86 006 1000 for further details.

5. Security

5.1. You must:

5.1.1. keep your username and password secure (and we may change these at any time for good reason).

5.1.2. if requested use your username and password when giving instructions (and we are authorized to comply with instructions containing your username and password).

5.1.3. take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services.

5.1.4. notify us of any unauthorized access to your account that you believe may affect the overall security of our systems; and 5.1.5. comply with our security checks.

5.2. For the avoidance of doubt, you will be liable for any costs arising from any unauthorized use of your account.

6. Services and uptime

6.1. We will supply the Services with reasonable skill and care.

6.2. However, unless otherwise stated in writing, we do not guarantee:

6.2.1. that the Services will be uninterrupted, secure, or error-free; or

6.2.2. that any Data generated, stored, transmitted, or used via or in connection with the Services will be complete, accurate, secure, up to date, received, or delivered correctly or at all.

6.3. We may have to suspend the Services for repair, maintenance, or improvement. If so, we will restore them as quickly as is reasonably possible and aim to do such work during quieter periods.

6.4. We aim to provide a high-quality service to you and while we make no guarantees of any sort, nor will we be held liable for failing to achieve our targets, we do endeavor to provide:

6.4.1. a 99.9% uptime during office hours (Mon – Fri, 08:00 – 17:00)

6.4.2. Resolution of service affecting faults within 4 hours

6.4.3. Resolution of non-service affecting faults within 2 business days

7. Retention of Ownership

7.1. Title to goods supplied shall remain vested in Us and shall not pass to You until the purchase price for the goods has been paid in full and received by Us

8. Specific Conditions on the Provision of Telephony Services

8.1. Wireless Internet Services

8.1.1. Due to the nature of wireless services, we make absolutely no guarantees about the speed, availability, or stability of the service, except that we will do our utmost to ensure you receive an acceptable service. You will not be held to Us would consider an acceptable service where:

8.1.1.1. Intermittent dropouts and signal losses are less than once a week and an aggregate uptime of at least 99% (excluding exceptional outages)

8.1.1.2. Internet speeds are at least proportionate to our advertised contention rates during peak times. This may mean you can load websites but may not be able to stream video.

8.1.1.3. Unacceptable service has been proved by performing tests as prescribed by Session Telecoms and done with the assistance of Session Telecoms’ support staff

8.2. Voice of IP (VoIP)

8.2.1. By purchasing our Telephony Services (VoIP) you confirm that you understand that our services:

8.2.1.1. may not offer all the features you may expect from a conventional phone line.

8.2.1.2. may sometimes be unavailable because of things over which we have no control, for example, the weather, power disruptions, and failures of your internet service provider (ISP) or broadband connection and you understand that in such circumstances all services (including emergency call services) will also be unavailable.

8.2.1.3. may not be able to offer you the ability to transfer (port) your existing number to an alternative service if your service ends due to circumstances beyond our control

8.2.1.4. You will lose your assigned phone number if you cease your service with us, or your account is closed by us due to your breach of contract or your failure to settle your bills by the date due.

8.3. You agree to adhere to all the relevant telephony regulations applicable, including regulations imposed by the ICASA.

9. Your obligations

9.1. You must comply with our reasonable instructions and requests concerning the Services.

9.2. You must provide us with the up-to-date contact details of one or two named representatives with whom we are authorized to deal (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.

9.3. You are responsible for all persons who use your username and password to access the Services, whether authorized or not unless acting on our behalf.

9.4. There is a risk that Numbers allocated may be irretrievably lost on suspension or termination of Services. It is your responsibility to ensure that all outstanding invoices are paid by the due date.

9.5. You must ensure your bills are paid on time. It is your responsibility to ensure payment clears in our account before the due date on your invoice

9.6. You must ensure faults are correctly reported according to the guidelines set in clause 3

10. Restrictions

10.1. You must refrain from transferring any illegal material or engaging in unlawful activities via your use of the Services.

10.2. You must refrain from sending menacing, offensive, defamatory, obscene, indecent, or abusive messages or telephone calls whilst using the Services.

10.3. You must not use or permit the usage of the Services in a manner that is inconsistent with all applicable laws and regulations.

10.4. You must not use the Services to send bulk unsolicited commercial telephone calls.

10.5. You warrant that your use of the Services will not infringe any third party intellectual property or other rights.

10.6. You must not embark on any course of action, whether by use of your telephone or any other means, which may cause a disproportionate level of activity (for example, encouraging large numbers of inbound phone calls) without providing us at least seven day’s prior notice in writing. If you give notice or we otherwise become aware of such disproportionate use, we may:

10.6.1. move your service to a dedicated service where additional charges can be charged depending on the severity of the disproportionate level of activity; or

10.6.2. terminate some or all the Services forthwith.

10.7. For an Internet Telephony Service, we consider the use of more than 3 concurrent calls per registered extension to be a disproportionate level of activity.

11. Personal Data

11.1. We will process your Personal Data only in compliance with our privacy policy, which is available on our website at https://sessiontelecoms.co.za/privacy-policy/

12. Risk and Title to Goods

12.1. Risk shall pass to you on delivery, but the Goods shall remain our property until such time as full payment has been received.

13. Limitation of liability

13.1. Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted.

13.2. Our liability in contract, tort (including negligence), or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the Goods, or the payment we received from you for the Services in the last billing month before the event(s) complained of.

13.3. In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:

13.3.1. economic loss (including, without limitation, loss of revenue, profit, contract, business, or anticipated savings).

13.3.2. loss of goodwill or reputation.

13.3.3. special, indirect, or consequential loss; or

13.3.4. loss of Numbers allocated.

13.4. We have no liability for goods and services provided by third parties.

13.5. To the extent allowed by law, we exclude all conditions, terms, representations, and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers’ statutory rights are unaffected.

14. Indemnity

14.1. You will indemnify us against all claims, damages, liabilities, and costs (including reasonable legal fees) directly or indirectly related to your use of the Services or breach by you of these Conditions.

15. Billing & Rates

15.1. You will be billed either as a pre-paid customer or monthly invoice as decided by us based on the Service you subscribe to and your credit status.

15.2. Call Charges are calculated on a per-second basis.

15.3. While you may be able to view up-to-date information on your usage, the charges may be adjusted on your monthly bill based on the billing information we receive from our suppliers.

15.4. Our call charges may change from time to time and the latest rates will be available upon request.

15.5. While we endeavor to ensure that our Rates tables contain accurate information, we cannot guarantee its accuracy and may be different from your monthly bill. It may also be possible to phone other destinations not covered in our Rates table (such as Premium rate numbers) and these will be billed accordingly.

15.6. Charges will be calculated by reference to the data recorded by Us or on Our behalf and not by reference to data logged or recorded by any other party.

15.7. Premium rate numbers will be subject to a surcharge where applicable.

16. Pricing Adjustments

16.1. We reserve the right to adjust pricing from time to time in line with our supplier costs and/or exchange rate fluctuations.

16.2. We may adjust pricing on an annual basis based on the CPI

16.3. Changes implemented under clauses 16.1 or 16.2 will not affect contract minimum terms or commitments

16.4. We will provide 30 days’ notice of any price changes under clause 16

17. Payment

17.1. You must pay the fees (together with VAT and any applicable taxes) when you order Goods or order or renew any Services.

17.2. Payment for monthly invoices must be made by either Debit Order or EFT. All other payment methods may be rejected or subject to a manual payment transaction fee.

17.3. Payment must be made by the due date on your invoice which is typically 7 days from the date of invoice.

17.4. Payment must be made without deduction or set-off.

17.5. All fees are non-refundable unless otherwise stated.

17.6. Invoices overdue for more than 7 days may result in Service suspension without notice.

17.7. All fees remain payable where we suspend the Services in accordance with these Conditions.

17.8. You will also be liable for any rental charges that may have been accrued during the suspension of your account.

17.9. We may impose a credit limit on your account and/or require a deposit as security for paying bills.

17.10. Prepaid accounts will need to be topped up and in a positive balance to make calls. It is also important to note that calls will be cut off once your balance reaches R nil.

17.11. Prepaid accounts may be terminated if the balance is less than R10.00 for more than three months.

17.12. Prepaid accounts may be terminated if no outgoing calls are made.

18. Duration and termination

18.1. Unless otherwise specified, Residential Fibre (FTTH) services are subject to a minimum contract period of 12 months.

18.2 Unless otherwise specified, Business Fibre (FTTB) services are subject to a contract period of 24 months.

18.3. Session Telecoms requires a full calendar months’ notice for cancellation of any services.

18.4. Subject to clause 18.1, either party may terminate this agreement (as regards some or all the Services) at any time for any reason by giving to the other 30 days written notice provided that the minimum term has expired.

18.4. Subject to clause 18.2, either party may terminate this agreement (as regards some or all the Services) at any time for any reason by giving to the other 90 days written notice provided that the term has expired.

18.5. We may terminate this agreement (as regards some or all the Services) or suspend some or all the Services immediately on written notice:

18.6.1. if you breach any of the terms and obligations under these Conditions and, if remediable, having received from us a written notice stating the intention to terminate these conditions if not remedied, fail to remedy the breach within 14 days.

18.6.2. if you are subject to a resolution for winding up or a petition for bankruptcy or liquidation or there is a proposal, or you enter any arrangement or composition with your or for your creditors or a receiver or liquidator or trustee in bankruptcy is appointed over you or any of your assets or any similar circumstances; or

18.6.3. if we are required to do so by a competent or regulatory authority; or

18.6.4. if we suspect your account is being used to engage in unlawful activities

18.7. On termination of this agreement or suspension of Services for any reason:

18.7.1. we will immediately stop supplying and will terminate access to, the relevant Services. This may involve irretrievable loss of Numbers allocated.

18.7.2. all licenses granted by us to you will terminate.

18.7.3. any fees due remain payable and, if already paid, will be non-refundable.

18.7.4. your accrued rights and liabilities will be unaffected.

19. Free Installations & Special Offers

19.1. Where any Free Products (Installation, Connection, Routers, etc) we may recover our costs from You if services are terminated, or your account falls in arrears or are no longer in good standing within the first 12 months of services being supplied.

19.2. Should your account no longer be in good standing. We reserve the right to revoke any special offers and you will no longer be eligible for discounted pricing.

19.3. Promotional pricing will only be valid till the relevant Fibre Network Operator (FNO) adjusts its pricing. All promotional pricing will then be reset to normal increased line pricing.

19.4. Free installations subject to 12-month clawback. Cancel in first 6 months = R2500 fee excl. VAT, cancel in months 6-12 = pro-rata on R 1500 Excl. VAT

19.5. Clause 19.4. applies to all FTTH (Fibre to the Home) Fibre Network Operators (FNO’s)

19.6. Clause 19.4. does not apply to FTTB (Fibre to the Business) Lines as these lines have a fixed term based on the product and FNO. The client will be contractually obligated to pay the remaining term is cancelled prematurely.

20. Assignment

20.1. This Agreement shall not be assigned or transferred (nor the performance of any obligations hereunder sub-contracted) by either Party except that We may assign, novate, or transfer our rights and obligations under this Agreement without the consent of Customer.

21. Confidentiality

21.1. We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party.

21.2. This clause does not apply to Information which:

21.2.1. enters the public domain other than through a breach of this clause.

21.2.2. is or becomes independently known to the receiving party free from any confidentiality restriction.

21.2.3. is required to be disclosed by applicable law or competent authority.

21.2.4. is reasonably disclosed to employees, suppliers, or others for the proper performance of these Conditions.

21.2.5. is reasonably disclosed to professional advisers; or

21.2.6. we are otherwise permitted to disclose in accordance with these Conditions.

22. Notices

22.1. You should send any notices under these Conditions to the support email address given at the top of these Conditions.

22.2. We shall send any notices in accordance with the most recent contact information which you have provided to us.

22.3. Notices shall be deemed to be received:

22.3.1. By email – on the day sent unless the contrary is proved.

22.3.2. By post – on the day the notice has been delivered

23. General

23.1. These Conditions represent the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations. We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Services.

23.2. If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.

23.3. You may not assign these Conditions or subcontract or resell any of the Services without our prior written consent. We may assign these Conditions or subcontract any of the Services.

23.4. We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications, or computer system.

23.5. No firm, person, or company which is not a party to these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions.

23.6. The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.

23.7. Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us.

24. Choice of law

24.1. This agreement is governed by South African law and is subject to the exclusive jurisdiction of the courts of South Africa.

25. Partial invalidity

25.1. If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.

26. Limitation Of Liability

26.1. In no event shall Session Telecoms, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Such limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of Session Telecoms or its senior management. In any case, shall Session Telecoms’s aggregate liability under these Terms be limited to the fees actually paid by you to TestGorilla in the last Billing Cycle.

27. IP Address Resources

27.1. IP Resources are allocated at the sole discretion of Session Telecoms. If the application is declined the client has the right to appeal the decision via email to further motivate the allocation of the IP resources.

27.2. If IP resources are allocated and not used within Three (3) months, Session Telecoms reserves the right to take back the resources. In the event of resources being taken back the client needs to re-apply for additional resources.

27.3. Chargeable IP resources are billed monthly in advance. All cancellation carries a one (1) calendar month notice period.

27.4. Complaints based on activity,

27.4.1. If we receive any complaints based on activities performed with the IP resource, we will send a final written warning to the client. If the cause of the infringement/violation is not rectified within 24 hours and written notice is received by Session Telecoms from the client, the IP resource will be blocked unit the violation is cleared, and the proof is received. We reserve the right to cancel the IP resource after 48 hours if no action is taken by the client.

27.4.1.1. Violations/Infringements include the following:

27.4.1.2. Spam: Unsolicited posting of commercial messages and sending of emails

27.4.1.3. Copyright Violations: Violation of copyrights held by individuals and corporations or other entities.

27.4.1.4. Obscene Material: We will not allow the use of the IP resource for the distribution of obscene or indecent material. We reserve the right to make the judgment in our sole discretion as to what constitutes an obscene or indecent material

27.4.1.5. Illegal Activity: Any activity that is of an illegal or unlawful nature

27.4.1.6. Other: Any other activity that we determine, in our sole discretion, is unethical, or damaging to our other customers, users of the Internet in general, or to our corporate reputation

27.5. IP resources assigned to FTTH connection may not be used for aggregation. We monitor the utilization and if aggregation is detected a final written warning will be issued. If the aggregation resumes the IP resource will be blocked after 48 hours.

27.6. IP resource blacklisting: If the IP resource is blacklisted due to unacceptable use, it will be the client’s responsibility the resolve the blacklisting. If the client is not capable of resolving the blacklisting, we can assist on a case-to-case bases. Please note that this is chargeable.

27.6.1. Once IP resources are allocated, the IP address will not be changed due to blacklisting.

 

SCHEDULE A

Fees and Charges

Item Fee

Bounced Cheque / Debit Order payment R 60 + bank costs

**On-site Engineer visit – Per Hour R 550

**Missed Engineer Appointment R 550*

Bank costs

Cash or cash deposits are subject to an additional fee of 10%

* Missed Engineer Appointments can have additional charges from our suppliers. We will pass on these costs if you have missed an appointment.

** FNO call-out fees and repair fees are billed in arrears. These charges are for the clients account.

 

E&OE

 

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