Terms & Conditions
- iConnect Telecoms will be your main point of contact. For any queries, support or billing issues, please contact iConnect Telecoms directly. With iConnect Telecoms as your single service provider there will be no need for you to contact any third parties such as Telkom, Fibrehoods etc.
- Payment is strictly due within 30 days from the date of invoice.
- Debit order only.
- Any order placed with iConnect for goods and/or service implies acceptance of the following conditions which may be varied only in writing by iConnect’s authorised representative. Descriptive and clerical errors are subject to correction.
- These conditions are in place of and exclude all other warranties and conditions, except those provided expressly by iConnect in writing in respect of a particular Product or Service, whether implied by statute or otherwise and in particular the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by iConnect.
- In the absence of a written order from the Purchaser, iConnect’s internal order will constitute the basis of the agreement.
- Unlimited Voice Bundle numbers:
- Allowed in bundle:
- Sharecall – 086 & 0860
- Maxicall – 0861
- Not allowed:
- Special – 0867, 101, 102 & 10903
- Special 0862 – 0862, 080 & 0880″
- Allowed in bundle:
- Any contract or order based on this or any other tender or quotation is only accepted upon and subject to iConnect’s Standard Terms and Conditions of Trading as set out herein and these conditions are to have full force and effect as if incorporated into the Purchaser’s order. Unless expressly accepted in writing by iConnect any variations of or additions to these conditions in a Purchaser’s order or order form will be deemed to be inapplicable.
- All quotations are subject to withdrawal or variation by iConnect at any time prior to acceptance of a firm order. No order given to iConnect based upon a quotation shall be binding upon iConnect until accepted by iConnect in writing. IConnect reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
- All prices are net and VAT exclusive unless otherwise stated.
- Prices for goods to be imported are based on prices quoted to iConnect by the Principal and the rates of exchange, freight, insurance premiums, customs duties, and other relevant costs of importation known to iConnect at the time of the quotation. In the event of any increase in any of these rates or in the prices of the goods quoted to iConnect by the Principle before acceptance of an order or prior to the delivery of the goods to the Purchaser then the cost to iConnect entailed by such increase/s shall be added to and form part of the purchase and or repair price and be payable by the Purchaser accordingly.
- Conversely any decrease in any such rates or the Principal’s price shall be deducted from the purchase and or repair price.
- This provision for variation of price shall also apply to goods and service required for the execution of an order purchased and obtained locally.
- Where the Purchaser is a consumer as defined by any relevant law such as the Consumer Protection Act in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified. In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the consumer warranties shall prevail;
- All other express or implied conditions or warranties in respect of the goods or any of them are excluded from this contract.
- Where goods are goods in respect of which the Purchaser is not a consumer, the following condition will apply: equipment is warranted to be free from defects in materials and workmanship, in accordance with the Principal’s warranty. This warranty does not cover the repair of any fault or replacement of any defective part resulting from an act of God, or the negligence or malpractice of the Purchaser or his servants.
- Unless stated to the contrary in writing, Products are warranted for a period of one year from date of delivery to the Purchaser.
- Should any of the equipment sold by iConnect fail for any inherent electrical or mechanical defect within the warranty period, iConnect undertakes to repair the same free of charge providing the defective goods are returned to iConnect’s warehouse freight/insurance prepaid and provided that no alteration or additions are made or repairs undertaken except by iConnect or iConnect’s authorised representatives.
- Should the Purchaser require iConnect’s engineer to inspect the equipment instead of returning same to iConnect, the Purchaser is to pay the cost of iConnect’s engineer time and expenses.
- Warranty is likewise extended to repairs carried out by iConnect or by the Principal but is limited to twelve months and is applicable to the repair work done and not to any subsequent failure of unrelated parts and or software.
Fair Usage Policy
- iConnect reserves the right to establish and impose reasonable policies, rules and limitations (hereinafter referred to as “fair usage provisions”) in respect of the utilization of the Internet Protocol services (“IP services”) offered, which may be amended from time-to-time.
- The purpose of the Fair Usage Policy is to:
- ensure compliance with the relevant laws of South Africa;
- declare to the Purchaser what activities and online behaviors are reasonably considered to be an unacceptable use of the IP services;
- protect the integrity of the iConnect network;
- specify the consequences that may flow from participating in prohibited activities.
- iConnect’s IP services shall only be used for lawful purposes and activities. iConnect prohibit the use of its IP services for any use, including transmission, storage and distribution, of any material or content that violates any law or regulation of South Africa, including but not limited to:
- laws prohibiting child pornography, obscenity, discrimination and hate speech, or speech designed to incite violence or hatred, or threats to cause harm;
- any activity designed to defame, abuse, stalk, harass or physically threaten an individual, or in any other way to post, transmit, or otherwise distribute inappropriate or defamatory material;
- any violation of any intellectual property rights protected by local of international copyright or trade secrets;
- any violation of any other person’s right to privacy, including any attempt to retrieve personal data of any person without consent;
- any fraudulent activity whatsoever, including questionable financial practices, pyramid scheme etc;
- any violation of the exchange control and gambling laws of South Africa;
- any activity that results in the sale, transmission or distribution of pirated or illegal software, audio or video material.
- Any activity which threatens the functioning, security and/or integrity of iConnect’s network is unacceptable.
- iConnect prohibits the use of its IP services for any activity designed to harm, or attempt to harm, a minor, which shall include but not be limited to any activity designed to host, possess, disseminate, distribute or transmit material that is unlawful, such as child pornography and cyber bullying.
- iConnect shall make all reasonable endeavors to manage the bandwidth usage during peak periods, but make no guarantees, other than what may be contained in a separate written and executed agreement between the parties, as to the bandwidth available to the Purchaser at any given time.
- This policy shall apply in respect of all intended and unintended prohibited usage, which may include but not be limited to viruses, worms, malicious or otherwise unknown causes.
- iConnect reserve the right to manage the network, for the optimal benefit of all purchasers or subscribers to the IP services, including but not limited to:
- rate (speed) limiting;
- rejection or removal of spam or otherwise unsolicited bulk e-mail,
- anti-virus mechanisms;
- protocol filtering;
- imposing restrictions on use of the IP services;
- any other action which iConnect reasonably deem necessary to ensure the integrity of the network.
- iConnect may implement restrictions or limitations on IP services from time-to-time, and the Purchaser shall comply with any bandwidth, data storage or other limitations that may reasonably be imposed, failing which iConnect shall have the right to restrict, suspend or terminate such IP services, in its reasonable discretion
- The fair usage provisions include, but are not limited to:
- Limitations on the number of emails that may be sent in any given period, or to limit the total data volume sent per hour;
- Personal Use packages may not be primarily utilized for business purposes;
- Unless otherwise specifically agreed to in terms of a written and executed agreement between the parties, the Purchaser may not:
- resell any IP services provided by iConnect to the Purchaser;
- provide, for charge or benefit, any internet access or other feature of the IP services provided to any third party;
- in any other way exploit the IP service provided by iConnect for any undisclosed commercial purpose, which includes but is not limited to providing internet access to third parties; hosting of shell accounts over the internet; provide email or news services, running a server/game server in connection with the services; provide network services to third parties via the IP services;
- run servers for mail, http, ftp, irc and other multi-user interactive forums;
- share the IP services.
- The Purchaser may not engage in the utilization of the IP services to the extent that such utilization restricts, inhibits or interferes with such utilization of the IP services by any other purchaser thereof;
- The Purchaser shall refrain from any activities which may create an unusually large burden on the iConnect network, which may include but not be limited to continuous uploading, downloading or streaming of data, video or audio, continuous FTP uploading or downloading, or in any other way generating levels of traffic sufficient to impede the use of the IP services by other purchasers;
- The Purchaser shall refrain from utilizing the IP services purchased on an unlimited package, option or promotion, in an otherwise abusive manner;
- The Purchaser shall refrain from utilizing the IP services for any unattended operations, unless otherwise expressly agreed to in writing and executed between the parties;
- The Purchaser shall refrain from using internet applications to simulate network activity in order to avoid session inactivity disconnection.
- In the event that the Purchaser fails to comply with the fair usage provisions, iConnect reserves the right to exercise its reasonable discretion to restrict, suspend or terminate the Purchaser’s services.
- Complaints relating to the violation of this Fair Usage Policy should be submitted in writing to iConnect by email addressed to , which complaints must be substantiated and unambiguously state the nature of the problem in respect of the use of the IP services.
- iConnect reserves the right to:
- amend or alter this Fair Use Policy at any time, and without notice to the Purchaser;
- take action against any individuals, companies or organisations that violate any of the provisions of this policy;
- act, in its sole discretion, against any other type of abuse not set out hereinabove, and to investigate and/or report and/or prevent any illegal activities being committed over the iConnect network;
- share and/or make the breaching Purchasers details with any relevant authority, including the South African Police Services;
- iConnect does not waive it right to enforcement or action in respect of this Fair Usage Policy at any time, or prejudice its right to take subsequent action, should iConnect have failed to take any such action at the time of the breach of the Fair Usage Policy.
Take Down Policy
- In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) iConnect Telecoms has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.
- Internet Service Providers’ Association (ISPA)
- Address: PO Box 518, Noordwyk, 1687
- Telephone: 010 500 1200
- Email: firstname.lastname@example.org
Specific Exclusions from Liability
- Notwithstanding the various exclusions from liability on the part of iConnect contained under different provisions of these Terms and Conditions, and specifically in addition thereto, in respect of the iConnect Voice Logging product, Majuda/Numonix, or any similar recording systems (hereinafter referred to collectively as the “recording systems”), iConnect shall not be liable for any damages suffered by the Purchaser in respect of any failure thereof, howsoever arising, whether direct or indirect.
- In the event of any lost recordings, or the failure of any such recordings, or the failure by the recording systems to record, on or by these recording systems, howsoever arising, the Purchaser specifically indemnifies iConnect in respect of any financial losses that the Purchaser may incur as a result thereof.
Prices quoted exclusive of VAT and to any other tax or duty imposed by any Government authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes or duties shall be payable by the Purchaser and may be added to the purchase price by iConnect.
Goods ex stock
Goods quoted ex stock are subject to prior sale by iConnect unless it is otherwise stated in the quotation.
Availability of goods
- iConnect shall have no liability, direct or indirect, for the delay in delivery of any Products.
- The delivery time for the goods quoted is an estimate only and is based upon iConnect’s knowledge of conditions prevailing at the time the quotation is made.
- The delivery time is subject to variation in accordance with the Principal’s manufacturing programme and the availability of shipping space from the source of supply and also to any delay through Act of God, labour disputes, power cuts, strikes, lockouts, fire, accident, non-delivery of parts by other manufacturers or any other causes or contingencies beyond iConnect’s control and/or the control of the Principals.
- iConnect does not accept orders under penalty for late delivery.
Acceptance of goods
- The Purchaser shall inspect the goods immediately on the delivery thereof and shall within 7 days from such inspection give notice in writing to iConnect of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract.
- If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
Standing Orders & Contracts
- Any Standing Orders and other contracts that have been made with iConnect are binding within the specified period and can only be cancelled if both parties mutually agree.
- Goods, whether they are custom made or not, or are in the process of manufacture, or are in transit and in the contract time frame will be purchased by the customer.
In the case of delivery or part thereof each and every delivery will be deemed to be sold under a separate contract and will be subject to these Standard Terms and Conditions of Trading.
In addition to any lien to which iConnect may be entitled by statute or common law iConnect shall, in the event of the Purchaser’s insolvency, bankruptcy or winding up, be thereupon entitled to a general lien on all property whatsoever owned by the Purchaser but in iConnect’s possession at the time, such lien to cover the unpaid price of any goods (including the goods) sold by iConnect to the Purchaser.
Failure by iConnect to insist upon strict performance by the Purchase of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any rights of iConnect in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
The contract constituted by the acceptance by iConnect of the Purchaser’s order or by the Purchaser’s acceptance of iConnect’s tender/quotation shall be construed to be in accordance with the laws of the Republic of South Africa.
Risk and dispatch
- Unless otherwise specified by iConnect the point of delivery of the goods shall be at Purchaser’s premises and other such sites at the specific designation of the Purchaser.
- Goods delivered elsewhere shall at the Purchaser’s risk from dispatch to such premises and the Purchaser will indemnify iConnect against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost.
- This provision will apply notwithstanding the fact that iConnect has agreed to install the goods at the premises nominated by the Purchaser.
Illustrative, descriptive and technical literature supplied by iConnect to the Purchaser represents generally the goods specified therein but may not comply in all respects with the goods which are subject of this quotation.
Installations and Commissioning
- All equipment shall be installed and commissioned by and at the expense of the Purchaser unless agreed to in writing or otherwise stated in iConnect’s quotation.
- In the case of equipment which iConnect or the Principal undertakes to install, it is the Purchaser’s responsibility to provide all service utilities required, e.g. electric power outlets, water outlets, drains, compressed airlines, etc.
- If special handling equipment is required such as heavy lift gear for movement of equipment at the installation site the cost of hiring or using such equipment and any associated charges will be additional for the Purchaser’s account.
- Installation may be made at the time of delivery or as soon as practicable thereafter and the special handling equipment will be at the Purchaser’s risk.
- Unless otherwise agreed iConnect’s responsibility to install such equipment may cease if the installation is deferred by the Purchaser for an indefinite period.
Terms of Payment/Retention of Title
- Where credit terms have been agreed, invoices are Strictly Net 30 days from the date of invoice.
- Terms of Payment may be varied at the discretion of iConnect and will be outlined on the quotation.
- Ownership of the goods shall not pass to the Purchaser until the goods are paid for in full.
- In the event of non-compliance with iConnect’s Trading terms, iConnect reserves the right to:
- suspend deliveries and/or
- cancel contracts and/or
- apply an interest charge at the rate of 2% per month above the prime interest rate charged by iConnect’s bankers, on all outstanding monies, from the due date until date of final payment and/or
- void warranty.
- Where credit terms have not been agreed upon, iConnect will require a payment in full with the order.
- Any order placed resulting from a quotation may be cancelled in full or part by the Purchaser only upon iConnect’s consent in writing and against payment to iConnect of a reasonable and proper cancellation fee, should this be deemed necessary by iConnect.
- Any act of insolvency by the Purchaser prior to delivery of the Products shall be deemed a cancellation by the Purchaser.
Return of Goods
- Returns may be made with prior written consent of iConnect and may not be accepted after seven days from the date of iConnect’s invoice.
- Freight costs on goods being forwarded to iConnect will be borne by the Purchaser.
- An administrative fee of 15% of the total purchase price will be charged on all returned goods.
- Packaging: Where goods were originally supplied in a special Principal’s carton, any return shall be made in that original carton and the goods shall be in their original and unmarked condition, complete with any instruction sheets supplied.
- Goods not returnable: The following goods cannot be returned for credit under any conditions:-
- Any goods specially made, including items cut to length;
- Any goods made, or purchased in terms of a firm and irrevocable order;
- Any goods altered or damaged by the Purchaser;
- Any goods having an invoice value of one hundred rand or less;.
- Any goods especially ordered and which are not normal stock lines.
Injury and Damage
The purchaser shall indemnify iConnect against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by iConnect or any default or negligence on the part of iConnect’s personnel in connection with or during the carrying out of any work by iConnect on the Purchaser’s or any other person’s property.
Quotations are valid for 30 days unless otherwise stated.
The Purchaser shall not assign the contract or any right thereunder without the written consent of iConnect.