TERMS AND CONDITIONS
1.
Detailed description of goods and/or services
Telecel Global PTY LTD is a business in the telecommunication industry that provides telephony,
messaging and content services.
2.
Delivery policy
Subject to availability and receipt of payment, requests will be processed instantly and delivery
confirmed to your registered email address.
3.
Return and Refunds policy
The provision of goods and services by Telecel Global PTY LTD is subject to availability. In cases
of unavailability, Telecel Global PTY LTD will refund the client in full within 30 days. Cancellation
of orders by the client will attract a 10% administration fee.
4.
Customer Privacy policy
Telecel Global PTY LTD shall take all reasonable steps to protect the personal information of
users. For the purpose of this clause, "personal information" shall be defined as detailed in the
Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569.
5.
Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards
6.
Card acquiring and security
Card transactions will be acquired for Telecel Global via PayGate (Pty) Ltd who are the approved
payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3
(SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to
view their security certificate and security policy.
7.
Customer details separate from card details
Customer details will be stored by Telecel Global PTY LTD separately from card details which are
entered by the client on PayGate’s secure site. For more detail on PayGate refer to
www.paygate.co.za.
8.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South
Africa. Transaction currency is South African Rand (ZAR).
9.
Responsibility
Telecel Global PTY LTD takes responsibility for all aspects relating to the transaction including
sale of goods and services sold on this website, customer service and support, dispute resolution
and delivery of goods.
10. Country of domicile
This website is governed by the laws of South Africa and Telecel Global PTY LTD chooses as its
domicilium citandi et executandi for all purposes under this agreement, whether in respect of
court process, notice, or other documents or communication of whatsoever nature, Postnet suite
1, Private Bag X75, Bryaston,2021
11. Variation
Telecel Global PTY LTD may, in its sole discretion, change this agreement or any part thereof at
any time without notice.
12. Company information
This website is run by Telecel Global private company based in South Africa trading as Telecel
Global and with registration number 2014/ 011555/ 07
13. Telecel Global PTY LTD contact details
Company Physical Address: 377 Rivonia Boulevard, Rivonia, 2128, South Africa
Email: info@telecelglobal.com
Telephone: +27(011)5932459
End User License Agreement
Please read the terms and conditions in this End User License Agreement ("Agreement") carefully: they
govern our relationship with you in relation to your use of the Licensed Application referred to in this
Agreement and contain important information about your rights and obligations. By accessing or using the
Licensed Application, you agree to be bound by this Agreement as may be modified from time to time.
14. This Agreement and our Privacy Policy sets out the terms and conditions under which Telecel
Global Limited" ("Telecel Global" or "we" or "us" or "our"") with its registered office at 377 Rivonia
Boulevard, Rivonia, 2128, South Africa licenses to you the Licensed Application. We reserve all
rights not expressly granted to you under this Agreement. In this Agreement, "you" and "your"
means the individual end user accessing the Licensed Application.
15. Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive,
revocable, personal, non-transferable license to use the Licensed Application without any right to
sub-license. You will not sell, sub-license, lease, rent, loan, lend, transmit or otherwise distribute
or transfer the Licensed Application in any manner to third parties.
16. You undertake not to reverse engineer, decompile, disassemble, or attempt to derive the source
code of the Licensed Application or any updates thereof and you will not adapt, alter, modify,
upgrade, enhance or create derivative works of the Licensed Application or any updates thereof.
17. You will not reproduce or copy any part of the Licensed Application and you will not disclose to
any third party the Licensed Application or any part thereof without our prior written consent. The
Licensed Application is provided to you for your own personal use only and you will not re-sell or
in any way re-supply the Licensed Application to others.
18. The terms of this Agreement will govern any upgrades provided by us unless such upgrade is
expressly stated to be subject to a separate license agreement.
19. You agree to use the Licensed Application strictly in accordance with this Agreement and any
instructions issued by us from time to time. You have sole responsibility for any content or data
which you upload, post, email or otherwise transmit via the Licensed Application. You agree not
to not use the Licensed Application in contravention of any applicable local, state, national or
international law, regulation or code of practice.
20. You warrant and represent that you have the necessary rights to install and use the Licensed
Application and you will indemnify and keep us, our affiliates, agents, partners and officers, fully
and effectively indemnified on demand from and against all actions, claims, losses, liability,
damages, costs and expenses (including legal costs and expenses) suffered or incurred by us,
our affiliates, agents, partners and officers and arising directly or indirectly out of your use of the
Licensed Application.
21. You agree that the Licensed Application is provided "as is" and that we do not provide any
guarantee, warranty or assurance that the Licensed Application will operate continuously or
without interruptions or be error free or meet your requirements or that defects in the Licensed
Application will be corrected. Accordingly, we do not accept liability for unavailability or the
timeliness, deletion, mis-delivery or failure of the Licensed Application. You assume full
responsibility and sole risk for your use of the Licensed Application. To the maximum extent
possible, no warranties or terms implied by applicable law, including without limitation those
relating to satisfactory quality, performance, fitness for purpose, quiet enjoyment and non-
infringement of third party rights shall apply to the subject matter of this Agreement. In entering
into this Agreement, each party acknowledges that it does not do so on the basis of, and does not
rely on any representation, warranty, condition or other provision except as expressly provided in
this Agreement and we exclude all express or implied terms, conditions, warranties,
representations or endorsements whatsoever with regard to the Licensed Application to the fullest
extent permitted by law. Should the Licensed Application be defective, you will assume the entire
cost of all necessary servicing, repair or correction to any hardware or software used in
conjunction with the Licensed Application. We shall not be responsible for operation of the
Licensed Application other than on hardware approved by us and in conjunction with the
operating environment designated for the Licensed Application. The limitations and exclusions in
this section do not affect your non-excludable statutory rights and only apply to the extent
permitted by applicable law.
22. We make no representation that the Licensed Application is permitted or available for use in any
particular location. To the extent you choose to access the Licensed Application, you do so at
your own risk and you are responsible for compliance with any applicable laws, including but not
limited to applicable local laws.
23. We may amend this Agreement from time to time and post the new version on our website
following which all use of the Licensed Application will be governed by the revised version. You
must check the terms of this Agreement accessible from our website from time to time to review
them. We shall update the "Last modified" date in the event of a change to this Agreement. In the
unlikely event that we make any modifications to this Agreement which are materially detrimental
to you, you may terminate this Agreement on written notice and you may be entitled to a refund of
any unused prepaid amount representing the period following the termination date. If you use the
Licensed Application after the "Last modified" date you will be bound by the changes and you
shall have no right to terminate this Agreement on the ground of the modifications made.
24. The subscription plans can be used for calls made using "direct VoIP" only using your internet
connections according to the regulation of your country registered mobile number.
25. Calls made using "callback" feature will not be cover by the plan purchased from the Licensed
Application or any other
26. Telecel Global plan gives you minutes according to plans purchased, to call countries specified in
details of certain offer.
27. Because there is a wide variation in rates between calling certain destinations, landline numbers
and mobile (cell phone) numbers and because of regular change to rates, it is impossible to
advise you upfront of all rates and rate changes. Accordingly the rates and Charges as well as
billing information applicable to this Service are indicated on the Telecel Global rates within the
application and it is your responsibility to review the rates before making communications to
ensure that you are aware of applicable rates from time to time.
28. Rates per minute vary according to the destination which is called.
29. Remember that apart from our Charges you will also be charged for data and services by your
Broadband Internet service provider for access to the internet.
30. Your usage Charges are all prepaid for both Services charges and Air Time.
31. Your plan is valid during 30 days. Unused minutes won't be transfered to next accounting period.
32. All offers are subject to our Fair Usage Policy. This Fair Usage Policy is effective immediately.
We reserve the right to change this Fair Usage Policy at any time. Changes shall become
effective immediately after publication of the revised version on XXX. We also reserve the right to
withdraw all offers at any time.
33. You can cancel your subscription anytime, but remember: as set out in the terms and conditions
of the service, we will not issue any pro-rated refunds if you choose to cancel the subscription
service before the end of the contracted subscription date.
34. In the event that there is, suspects that there is, any fraudulent activity or misuse of your
subscription, we reserve the right to terminate your subscription with immediate effect and without
a refund.
FAIR USAGE POLICY:
35. Telecel Global wants to offer the best calling plans, at the lowest possible price. This Fair Usage
Policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.
36. Telecel Global subscriptions are for individual use only (personal or business communications) in
accordance with our Terms of Use and this FUP (“Legitimate Use”). The following is a list of
practices that would not be considered Legitimate Use:
37. using subscriptions for telemarketing or call centre purposes, re-selling subscription minutes,
sharing subscriptions between users (e.g. via a PBX, call centre, computer or any other means),
calling numbers (whether singly, sequentially or automatically) to generate income for yourself or
others as a result of placing the call, other than for your individual business communications,
unusual calling patterns inconsistent with normal, individual subscription use (for example, regular
calls of short duration or calls to multiple numbers in a short period of time).
38. Other practices may be relevant in determining Legitimate Use and we reserve the right to take
any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
Telecel Global may at its option, terminate its relationship with you, or may suspend your
subscription immediately if it determines you are using your subscription contrary to this Telecel
Global’s FUP or Terms of Use. Where reasonable, we will provide you with notice of improper
usage before suspension or termination of your subscription
Number Assignment:
39. The assignment of a Number to you is subject to usage conditions imposed by ICASA (The
Independent Communications Authority of South Africa) from time to time on us and you as end-
user. In particular:
a. Numbers must be used only in ways that satisfy such usage conditions and in
accordance with these Terms; and
b. you do not have perpetual rights to use particular Numbers; and
c. ICASA has wide powers, including but not limited to the power to withdraw Numbers,
require barring of Numbers, changing numbering plans, all of which could result in
withdrawal or change of your Number.
40. Accordingly you shall never become the owner of any Number and Telecel Global can therefore
not guarantee the provision, retention or perpetual use of any specific Number/s to you. You may
not sell, lease, transfer, assign or otherwise alienate your rights in respect of the Service or any
Number, and the use of a Number shall only be for the duration of our provision of the Service to
you.
41. 4.3 Although Telecel Global will use its reasonable efforts not to withdraw or change any
Number assigned to you, we reserve the right to do so or to otherwise deal with any such Number
from time to time as we deem fit for reasonable commercial purposes including to meet the
objectives of ICASA for responsible number allocation and usage conditions or other conditions
but subject always to applicable law.
42. If the Service is suspended or terminated for whatever reason, any Number assigned to you may
be taken out of use with immediate effect. Such Number may immediately be lost for use by you
and we cannot guarantee that the same Number will be recovered or reassigned to you again.
43. Telecel Global does not make any representation of whatever nature that the Number assigned to
you will be reachable from different mobile network or from any other telecommunication
platforms. Telecel Global shall however use its reasonable efforts to ensure that the Number
assigned to you will be reachable by other users of the Service or related services, but cannot
guarantee it.
44. Should any Number not have been used in communications, other than communications from or
to us, for a period of 6 (six) months or for such period as otherwise provided for by us or ICASA
from time to time, we reserve the right to withdraw your Number and reassign it, without notice to
you. This requirement is in order to meet the objectives of ICASA for responsible number
allocation and usage.
45. Should we allow you to transfer an existing Number to us or to release a Number to your new
service provider - in order for you to retain an existing Number (“porting”) - such porting will be
subject to industry agreed processes and procedures as well as legal and regulatory rules and
guidelines. As such we do not guarantee that porting will be allowed or be possible. If porting is
allowed you will have to follow industry agreed processes, specifically our as well as new service
provider requirements, including in the event that you port out, (i) ensure that all Charges are be
paid up to date including any disconnect fees; and (ii) ensure that the Service is properly
terminated if the Number ported out is the only Number assigned for use with your Service.
46. If the Number ported out is the only Number assigned for use with your Service a request to port
out shall be deemed to be a notice by you to terminate the Service as the Service must at least
have 1 (one) Number assigned to it.
47. In the event of porting a Number your Service may be interrupted in which event you will not be
able to make or receive communications as your existing Number you are porting may be
disconnected until the port effective date.
48. We provide the Service to you for use of the Service within South Africa, which may include
placing calls to other countries and destinations. Although the Service may be accessible as you
travel, if it is used by you from another country, you do so at your own risk, including the risk that
such activity violates local laws in the country where you do so.
49. A geographic Number indicates a specified geographic area and if such Number is assigned to
you it may be subject to certain restrictions, including but not limited thereto that it may only be
used in such specified area. It is your responsibility to ensure that you know in which
geographical area such Number may be used as the Service may not be available or may be
terminated if the geographic Number is used otherwise.
50. Subject to limitations allowed in law, Telecel Global and/or third parties supplying Third Party
Software will not be liable to you, or any third party, for any loss or damages of whatsoever
nature, including without limitation, any direct, indirect, special, incidental, consequential or
punitive damages, arising from: (i) withdrawal, porting, or change of a Number, or unavailability of
the Service or Numbers (including geographic or emergency numbers), or your Number being
unreachable, or use of the Service from outside South Africa; (ii) your downloading or use of the
Software or our withdrawal or revocation of Software licenses; (iii) any incompatibility of the
Service with your Broadband Internet or SIP Devices; and/or (iv) any damage to your SIP Device
and you indemnify Telecel Global against all loss, damages, claims, liabilities of whatsoever
nature as a result of any claim instituted by a third party (other than you) arising from (i) to (iv)
above.
Customer Support
51. Support is available via email on support@telecelglobal.com
52. Support email requests will be responded to within 12 working hours Monday to Friday from
08h00am to 17h00)