SISHADICON TERMS AND CONDITIONS
|
SISHADICON TERMS AND CONDITIONS |
1. INTERPRETATION 1.1. In this agreement unless clearly inconsistent with or otherwise indicated by the context - 1.1.1. "SishaDiCon" means any telephone line or PABX system upon which SishaDiCon roots the Dicon number; 1.1.2. "Client" means the party subscribing to the solution to be implemented in accordance with the terms and conditions hereunder; 1.1.3. "Premium Rate Service" means the provision of information to callers via the Dicon number; 1.1.4. "Dicon number" means a non-geographic number allocated to the Client 1.1.5. "Service Provider" means Sisha.com Systems (Pty) Ltd; 1.1.6. "Solution" means a Dicon solution which generates revenue for the Client through the use of the Dicon number whereby a caller dials the number and the operator provides information of value to the caller in the form of a Premium Rate Service; 1.2. Where appropriate, meanings ascribed to defined words and expressions above, shall impose substantive obligations on the parties as provided for in the definition concerned. 1.3. The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation. 1.4. Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause. 1.5. This agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. 2. APPOINTMENT 2.1. The Client hereby appoints the Service Provider for the purpose of implementing the solution. 2.2. The Service Provider shall issue a Dicon number to the Client, whereupon the Client undertakes to market the use thereof. 2.3. This Agreement shall commence on date of acceptance hereof by the Client and shall endure for so long as the Dicon number is in use, subject to termination by the Service Provider in accordance with the provisions of this agreement. 2.4. Rates per minute for each call terminating on the Dicon number shall be as per the Service Provider 'standard rate schedule, which may be updated by the Service Provider from time to time. 2.5. The Service Provider undertake to provide the Client with a report in respect of revenue accrued through calls made to the Dicon number. 2.6. Revenue generated through the Dicon shall only become due to the Client upon receipt thereof by the Service Provider from its Operators. 3. TERMS OF USE The Client undertakes to comply with the following provisions in respect of the use of the Solution- 3.1. The client must provide information of value to the caller in the form of a Premium Rate Service. 3.2. Before providing Premium Rate Services, the Client shall notify the Service Provider of the: 3.2.1. name, address and telephone and facsimile number of the person representing the Client, who shall also be nominated to receive all communications in connection herewith: and 3.2.2. name, address and telephone and facsimile number of the person responsible for handling enquiries, should such person be different from the one referred to in 3.3.1. 3.3. The Client shall, prior to or as soon as reasonably possible after the event, notify the Service Provider of all changes or additions to the details referred to in 3.3. 3.4. Before promoting or providing Premium Rate Services, the Client shall have readily available all documentary and other evidence necessary to substantiate any factual claims made on such Premium Rate Services, this material, together with a statement outlining its relevance, shall, if requested, be provided to the Service Provider without delay. 3.5. The Premium Rate Services and promotional material shall not seek to take improper advantage of any characteristic or circumstance, which may make consumers or Callers vulnerable. 3.6. The Premium Rate Services and promotional material shall not be of a kind that is likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise. 3.7. The Premium Rate Services and promotional material shall not contain anything, which is in breach of the law, nor omit anything, which the law requires. Furthermore, Premium Rate Services and promotional material shall not facilitate or encourage anything, which is in any way unlawful. 3.8. The Service Provider may stipulate to the Client that Premium Rate Services or promotion, or a particular category of Premium Rate Services or promotion, shall not be provided unless the Service Provider has given its prior written approval. To enable The Service Provider to evaluate such Premium Rate Services or promotion it shall be entitled to request the Client to provide it with such detail of the Premium Rate Services or the promotion as it may deem necessary. 3.9. The Service Provider shall have the right to forthwith and in its sole discretion terminate the provision of any Premium Rate Services or promotion by the Client, whether such has been prior approved or not. 3.10. Where the Client is able to demonstrate that the intended safeguard or requirement of any provision hereof can be adequately achieved by alternative means, the Service Provider may give prior written approval for the Premium Rate Services to be provided subject to such alternative means. However, should such alternative means, in the sole discretion of The Service Provider, not adequately achieve the intended safeguard or requirement, then the Service Provider shall have the right to forthwith instruct the Client to adhere to the means as provided for in the Code and, should such not be adhered to within a reasonable time, to terminate the provision of any Premium Rate Services or promotion affected thereby. 3.11. Premium Rate Services shall not be of a kind that is likely to: 3.11.1. result in any unreasonable invasion of privacy; 3.11.2. induce an unacceptable sense of fear or anxiety; 3.11.3. encourage or incite any person to engage in dangerous practices or to use; 3.11.4. induce or promote racial or religious disharmony; or 3.11.5. debase, degrade, demean, cause offence or make any person subject to ridicule or contempt. 3.12. The Client shall use all reasonable endeavours to ensure that the Premium Rate Services, which reflect a particular religious, ethical or political viewpoint, do not offend the sensibilities of those who hold different beliefs or opinions. 3.13. Premium Rate Services shall not involve the use of foul language. 3.14. The Client shall ensure that the Premium Rate Services are not used to promote or facilitate prostitution. 3.15. No Premium Rate Services shall enable a Caller to receive a prize, reward or benefit, the value of which relates only or predominantly to the duration of the Call. 3.16. Services which themselves promote products or services shall also comply with the provisions hereof. 3.17. Premium Rate Services shall not, for any reason, exceed the maximum duration per Call as specified by the Service Provider. 3.18. The Client is responsible for ensuring that the technical quality of all their Premium Rate Services are and remain in accordance with the requirements as specified by the Service Provider. 3.19. The following provisions apply to all forms of promotions and advertising where the intent is, either or indirectly, to encourage the use of Premium Rate Services. In the case of promotions that appear in editorial material, the Client shall ensure compliance with these provisions. 3.20. The Client shall take all reasonable steps to ensure that promotional material does not reach those for whom the Premium Rate Services concerned may be inappropriate. 3.21. The Client shall also comply with the provisions of the Advertising Standards Authority of South Africa Code. 3.22. The Client shall ensure that the charge for Calls to each Premium Rate Service is clearly stated or announced in all promotions. 3.23. The pricing Premium Rate shall be legible, prominent and presented in a way that does not require close examination. 3.24. Call Charge Premium Rates shall be clearly given directly after the Premium Rate Services number. 3.25. Advertising material should always be designed and presented so that anyone who sees or hears it can tell, without having to study it closely, that it is an advertisement. 3.26. In all promotional material, the prefix number shall be separate from the rest of the telephone number so that it can be readily identified as an Premium Rate Services Rate prefix. 3.27. In respect of all promotions the identity and/or address of either the Client or the Premium Rate Services Subscriber shall be clearly stated. 3.28. In the case of Premium Rate Services that are promoted in publications or other media which have a long shelf life, a statement should be included in the promotion to the effect that the Premium Rates given is correct as at the date of publication and that date should also be stated. 3.29. Herein, a child is considered to be a person under 18 years of age. Children's publication is either one where a significant proportion of the readership is under 18 years of age, or a publication which appears to be wholly or in part intended for persons under 18 years of age. 3.30. Promotional material for children's services shall include a clear and prominent statement giving the maximum possible cost of the Premium Rate Services (inclusive of VAT) and stressing that is should only be used with the agreement of the person responsible for paying the telephone account. 3.31. Children's services, and any associated promotional material, should contain nothing which is likely to result in harm to children, or which exploits their credibility, lack of experience or sense of loyalty. 3.32. Premium Rate Services shall not be of a kind that might involve an invasion of privacy of any child. 3.33. Direct appeals to buy shall not be made to children. 3.34. Children's services shall not encourage children to ring other Premium Rate Services or the same Premium Rate Services again. Promotions shall not encourage excessive use of Premium Rate Services. 3.35. Premium Rate Services may only be provided using Premium Rate Services telephone numbers, which have been specially allocated by the Service Provider for the provision of such services. 3.36. Services of a sexual nature, including erotic and sexual entertainment or similar services as well as contact and dating services containing messages of a sexually suggestive nature, shall not be offered by the Service Provider or the Client as Premium Rate Services. 3.37. The Client shall ensure that the Dicon Number is utilised in accordance with the Service Provider's minimum use criteria, failing which the number may be withdrawn from the Client. 3.38. The Client acknowledges that the Dicon Number is allocated to it merely for the use thereof in terms of this agreement for the duration of this agreement, where after no further rights accrue to the Client in respect of the Dicon Number. 3.39. Revenue will only be earned from incoming calls originating from a South African Telkom line, calls from mobile networks or other telecom service providers are excluded from the service. 3.40. TERMINATION 3.41. The parties agree that the Service Providers shall investigate complaints regarding any Premium Rate Services offered as soon as possible after receiving it and may thereafter, in its sole discretion take one or more of the following actions: 3.41.1. inform the Client to rectify, change or cease with the particular service related to the complaint; and/or 3.41.2. withdraw the use of the PXP Number from the Client. 3.41.3. If it appears that the Client has breached any provision hereof and has not resolved to the satisfaction of the Service Providers, then the Service Providers may- 3.41.4. cancel this Agreement and withdraw the PXP number; and 3.41.5. impose any other sanction and/or take such other action as might be appropriate in the circumstances. 4. GENERAL 4.1. The Service Providers shall have no liability to any the Client and/or end-users in relation to the Solution and the Customer shall indemnify the Service Providers for any and all costs, damages, liabilities and expenses arising out of or relating to any claim made by such party. 4.2. This Agreement will be governed by and construed in accordance with the laws of South Africa shall have exclusive jurisdiction over all disputes, actions and other matters relating thereto. 4.3. The Client choose as its domicilia citandi et executandi for all purposes under this agreement the address set out in the Registration Page.
|