1. DEFINITIONS
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these Terms:
1.1 “Application Software” means any application software, including Third Party Software, including but not limited to software phones or mobile applications downloaded or used by you to enable you to access the Services;
1.2 “Base Product” means our monthly subscription PBX Service allowing Local Calls, with a limited amount of minutes (as subscribed to) available to you for use during the course of a calendar month (“Base Cap”);
1.3 “Broadband Internet” means a reliant functional broadband internet connection with sufficient bandwidth and quality to enable you to send and receive quality PBX communications, including calls, data, and email, and to access the internet using a high-speed connection;
1.4 “Charges” means the monthly subscription fees, Top-Up charges, porting charges, and/or amounts that we will charge you for the Service selected by you, as recorded in your Application Form and/or displayed on the rates sheet on the PBX Website from time to time;
1.5 “Customer Support Centre” means our help centre which is available at the number supplied on our Website;
1.6 “Discounted Minutes” means any call minutes to which a discount plan applies, being a discount from our standard rates for a certain volume of usage, as may be indicated from time to time on the PBX Website;
1.7 “Local Calls” means PBX calls, using this Service, to any available South African network number (e.g. such as mobile, landline, PBX, toll-free numbers);
1.8 “International Calls” means PBX calls, using this Service, to any available non-South African or international network number;
1.9 “SIP” means the version of Session Initiation Protocol indicated on the PBX Website from time to time, which is a Voice over Internet Protocol;
1.10 “SIP Device” means any SIP-compliant device (such as an analogue telephone adapter, router, software phone, mobile application, or another compatible device) allowing you to place and receive PBX communications;
1.11 “Service(s)”means the PBX product or service described more fully in clause 2 below, and as selected by you in your Application Form;
1.12 “Third Party Software” means Application Software or any part thereof, owned by third parties, which you use with this Service;
1.13 “Time Cap” means your Top-Up will expire after a specific increment of time after purchase thereof as indicated on the PBX Website from time to time;
1.14 “Top-Up” means the process whereby you may top up your Base Cap by (a) purchasing further minutes in increments indicated on our Website from time to time, for making Local Calls (“Local Top-Up”) or by (b) purchasing an International Top-Up allowing you to make International Calls, limited to the amount of Top-Up credit purchased and which usage is based on the international rates indicated on the rates sheet on the PBX Website from time to time (“International Top-Up”);
1.15 “Top-Up Limit” means the limit placed on the number of times that you may (a) purchase a Local Top-Up after depleting your Base Cap minutes during the course of a calendar month, or that you may (b) purchase an International Top-Up to enable International Calls or to Top-Up same after depleting your credit on an International Top-Up purchased;
1.16 “use” includes, but is not limited to, accessing the Service and placing and receiving PBX communications through the Service;
1.17 “PBX” means Voice over Internet Protocol, a technology for delivery of voice and other communications over a data network (like the Internet);
1.18 “PBX Number” means a specific phone number assigned to you for use of the Service, including any number ported from another provider for this purpose;
1.19 “PBX Website” means the Site Essence My Account PBX webpages and/or the Site Essence Website products webpages featuring PBX products and services, currently located at https: //www.siteessence.co.za or such other webpages as you are informed of from time to time.
2. Billing
2.1 Unless otherwise indicated in these Terms, payment, and billing will be effected as per clause 8 of the General Terms and Conditions.
2.2 You will pay Site Essence for any Top-Up, monthly in arrears by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.
2.3 If you signed up, upgraded, downgraded, or switched over to the PBX Service in the middle of any calendar month, and if the upgrade, downgrade, or switch takes effect immediately, then your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the subscription fee for the following month.
2.4 Per second billing applies to International Calls as per the rates sheet on the PBX Website from time to time.
2.5 You will be liable for payment of a porting fee should you port a number to be used as your PBX Number and this fee will be due immediately but billed against your next statement of account.
3. The Service
General
3.1 The Service will allow you to place and receive PBX communications, (such as making or receiving calls, sending or receiving messages) over a data network such as the Internet. The features of your specific Service will depend on the selection you make on your Application Form.
3.2 Upon activation of the Service, you will by default be assigned 1 (one) PBX Number which may be used by you unless you are porting a number to this PBX Service in which event the ported number will be your assigned PBX Number.
3.3 If your Base Cap is depleted you may purchase Local Top-Ups subject to the Top-Up Limit from time to time. There may not be a monthly carryover of your unused Base Cap minutes.
3.4 You may only use the PBX Service for International Calls if you are subscribed to our PBX Base Product and have purchased an International Top-Up.
3.5 All Top-Ups will be carried over but will expire after reaching the Time Cap
3.6 International Top-Up will not be available for Local Calls and Local Top-Up will not be available for International Calls.
3.7 It is your responsibility to ensure that you are able to access and use the Service, whether with regard to equipment (including mobile phone compatibility), internet connectivity, or otherwise.
3.8 In order to access and make use of this Service your equipment and software must meet the minimum requirements as may be indicated on the PBX Website from time to time, however, you require at the very least the following:
3.8.1 Broadband Internet; and
3.8.2 a SIP Device; and
3.8.3 an activated Service.
3.9 The Service will not function during an electrical power failure or Broadband Internet outage, it may not be compatible with certain Broadband Internet services and it may be impaired if you simultaneously upload or download data and use the Service over the same Broadband Internet connection.
3.10 Access to and quality of the Service depends on various factors, including but not limited to, your location, network coverage, line quality, internet traffic, fluctuations in the internet, your underlying Broadband Internet service, service outages, equipment used by you, and configuration thereof, network and firewall configurations, NAT configurations, geographic factors, etc. We do not guarantee, warrant, or represent that you will be able to access the Service or the quality of the calls or the clarity of voice.
3.11 The Service is intended for normal residential and/or small business usage, for internal purposes only and you may not resell this Service in any way.
3.12 Normal usage specifically excludes calling behaviour that may be considered as Least Cost Routing Behaviour. As a guideline, Site Essence will consider your calling patterns to be the Least Cost Routing Behaviour in any of the following situations:
3.12.1 Consistent, excessive calling to the same destination(s);
3.12.2 Should the Service include any Discounted Minutes, the consistent, excessive usage of available Discounted Minutes, to the most expensive bundled destinations;
3.12.3 Excessive, repetitive, and systematic calling (for example: at regular intervals and for regular call lengths).
3.13 Discounted Minutes, if available as part of your Service, can only be used to call specific destinations as indicated on the PBX Website.
3.14 You will have access to the PBX Website interface to administer your Service and to view usage-related information.
3.15 Although we use reasonable commercial efforts to route communications to those destinations which are indicated on the rates sheet for International Calls from time to time, we cannot guarantee it. Neither can we guarantee that all such destinations or all numbers in those destinations are reachable. We will as far as reasonably possible make an effort to provide information regarding specific types of numbers to which we do not route communications, available on the PBX Website.
3.16 Site Essence specifically does not guarantee, warrant or represent that:
3.16.1 our rates are cheaper than normal telephone calls or any other calls;
3.16.2 should you use an emergency services number that it will operate correctly and/or that your location will be ascertainable based on your number; or
3.16.3 all local or international telephone numbers can be called.
3.17 You may terminate this Service in terms of the procedure in our General Terms and Conditions. Any outstanding amounts will be due and payable no later than the effective date of termination.
3.18 Migrating to another PBX service provider will mean that you terminate your current Site Essence Service. Accordingly, you will first need to settle all outstanding amounts with Site Essence before you can be migrated. In addition, you may lose your PBX Number(s) and Site Essence does not guarantee that you will be able to retain your PBX Number in this migration process.
3.19 If possible to add PBX Numbers in the selected Service,Site Essence reserves the right at our discretion and at any time: (i) to limit the amount of additional PBX Numbers you may add to your Service; and/or (ii) to withdraw your right to add PBX Numbers.
PBX Number(s)
3.20 The assignment of a PBX Number to you is subject to usage conditions imposed by ICASA and the Network Operator from time to time on us and you as an end-user. In particular:
3.20.1 PBX Numbers must be used only in ways that satisfy such usage conditions and in accordance with these Terms; and
3.20.2 you do not have perpetual rights to use particular PBX Numbers; and
3.20.3 ICASA has wide powers, including but not limited to the power to withdraw PBX Numbers, require barring of PBX Numbers, changing numbering plans, all of which could result in withdrawal or change of your PBX Number.
3.21 Accordingly, you shall never become the owner of any PBX Number, and Site Essence can therefore not guarantee the provision, retention, or perpetual use of any specific PBX Number/s to you. You may not sell, lease, transfer, assign, or otherwise alienate your rights in respect of the Service or any PBX Number, and the use of a PBX Number shall only be for the duration of our provision of the Service to you.
3.22 Although Site Essence will use its reasonable efforts not to withdraw or change any PBX Number assigned to you, we reserve the right to do so or to otherwise deal with any such PBX 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.
3.23 If the Service is suspended or terminated for whatever reason, any PBX Number assigned to you may be taken out of use with immediate effect. Such PBX Number may immediately be lost for use by you and we cannot guarantee that the same PBX Number will be recovered or reassigned to you again.
3.24 Site Essence does not make any representation of whatever nature that the PBX Number assigned to you will be reachable from Telkom’s network or from any other telecommunication platforms. Site Essence shall however use its reasonable efforts to ensure that the PBX Number assigned to you will be reachable by other users of the Service or related services, but cannot guarantee it.
3.25 Should any PBX Number not have been used in communications, other than communications from or to us, for a period of 12 (twelve) months or for such period as otherwise provided for by us or ICASA from time to time, we reserve the right to withdraw your PBX 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.
3.26 Should we allow you to transfer an existing PBX Number to us or to release a PBX Number to your new service provider – in order for you to retain an existing PBX 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 your new service provider requirements, including in the event that you port out, (i) ensure that all Charges are paid up to date including any disconnect fees, and (ii) ensure that the Service is properly terminated if the PBX Number ported out is the only PBX Number assigned to you for use with the Service.
3.27 A request to port the PBX Number out shall be deemed to be a notice by you to terminate the Service as the Service must at least have 1 (one) PBX Number assigned to it.
3.28 In the event of porting a PBX Number your Service may be interrupted in which event you will not be able to make or receive communications as your existing PBX Number you are porting may be disconnected until the port effective date.
3.29 We provide the Service to you for use of the Service within South Africa. Although the Service may be accessible as you travel, on the same basis and at the same rates and charges as when used in South Africa, 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.
3.30 A geographic PBX Number indicates a specified geographic area and if such PBX 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 PBX Number may be used as the Service may not be available or may be terminated if the geographic PBX Number is used otherwise.
3.31 Subject to limitations allowed in law, Site Essence 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 PBX Number, or unavailability of the Service or PBX Numbers (including geographic or emergency numbers), or your PBX Number being unreachable, or use of the Service from outside South Africa; (ii) your downloading or use of the Application Software or our withdrawal or revocation of Application 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 Site Essence 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.
Call Forwarding
3.32 Call forwarding will be charged to your account and will make use of your available minutes.
3.33 Call forwarding will be allowed to one number only. This number may be changed at any time. This must be activated via MyAccount.
4. Charges
4.1 For all Local Calls you will be charged a monthly subscription fee, payable in advance.
4.2 Regarding International Calls:
4.2.1 Because there is a wide variation in rates between calling certain destinations, landline numbers, and mobile (cell phone) numbers, and because of regular changes 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 pbx Website and its rates sheets 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.
4.2.2 Rates per minute vary according to the destination which is called.
4.3 Apart from our Charges you will also be charged for data and services by your Broadband Internet service provider for access to the internet.
4.4 Your usage Charges will be billed monthly in arrears and any monthly subscription Charges will be billed on a pro-rata basis in advance.
4.5 Site Essence will in its discretion impose a Top-Up Limit on the Services. The default Top-Up Limit may be indicated on the PBX Website or on the Application Form. Once you have reached your Top-Up Limit you will not be able to make outbound calls or use all the features of the Service.
4.6 You will be able to contact the Customer Support Centre to enable you to control your overall Top-Up Limit provided that it remains within Site Essence’s sole discretion to allow, disallow or impose any increase or decrease to your Top-Up Limit.
5. Application Software and Licensing
5.1 It is your responsibility to ensure that you are able to install and use the Application Software and that it does not conflict with and is compatible with any of your other software and/or equipment.
5.2 Application Software shall remain the sole and exclusive property of Site Essence or the relevant authors, owners, or licensors thereof (“Proprietors”), and intellectual property rights, are and shall remain with Site Essence or the relevant Proprietors.
5.3 Site Essence or the relevant Proprietors grants to you a limited, non-exclusive license to use the Application Software solely for the purpose of receiving the Services.
5.4 If we provide any Application Software, then it is provided for your convenience only, licenses to use the same may be withdrawn, revoked, amended, or replaced at any time and you may be required to upgrade to a later version. Depending on the Application Software Proprietors, licenses may allow you to install the Application Software on one (1) or perhaps more devices, and have restrictions regarding further downloads or copying. Application Software may be linked to this Service and as such the Application Software may be locked to work with your Number and/or device and/or this Service only. It may be that you may not use it with other services. You may not make any copies of the Application Software unless you obtained prior consent from us or the Proprietors.
5.5 Should the Application Software provided by us not have been used in communications, for a period of 3 (three) months, or for such period as otherwise provided by us from time to time, we reserve the right to terminate the Application Software license with immediate effect without notice to you. In such an event, you will not be able to use it further with this Service.
5.6 You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute, or otherwise disseminate all or any part of the Application Software, or extract or attempt to extract source code from the object code of the Application Software. The Application Software is licensed as a single product and you may not separate its component parts for any purpose. You may not make any commercial use of the Application Software, whether or not for consideration.
5.7 Upon termination you agree to destroy and remove from all devices all copies of the Application Software provided by us.
5.8 Subject to applicable law you agree that any Application Software will be installed and used by you at your own risk and responsibility.