Terms and Conditions

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Website Terms and Conditions

TELKOM SA SOC LIMITED WEBSITE USAGE TERMS AND CONDITIONS

Copyright © 2010. Telkom SA SOC Limited. Last updated 2014-07-23

1. DISCLAIMER Telkom SA Limited would like to welcome you to its website. By viewing this website you hereby acknowledge that you have read and accept the following disclaimers

1.1 WEBSITE DISCLAIMER FOR TELKOM SA SOC LIMITED

a. Refer to the Website Disclaimer for Telkom SA SOC Limited www.telkom.co.za/ir/disclaimer.jsp regarding:

i. information on the Telkom website www.telkom.co.za/ir/disclaimer.jsp

ii. links to other sites www.telkom.co.za/ir/disclaimer.jsp

iii. press releases www.telkom.co.za/ir/disclaimer.jsp

iv. disclosure regarding forward-looking statements www.telkom.co.za/ir/disclaimer.jsp

v. intellectual property www.telkom.co.za/ir/disclaimer.jsp 

vi. viruses www.telkom.co.za/ir/disclaimer.jsp 

vii. jurisdiction www.telkom.co.za/ir/disclaimer.jsp

2. DEFINITIONS AND INTERPRETATION

a. “the Telkom website” means the Telkom website, owned and operated by Telkom SA SOC Limited and located at http://www.telkom.co.za, including any page, part or element thereof;

b. “Telkom” means Telkom SA SOC Limited, http://www.telkom.co.za, registration number 1991/005476/30, including its subsidiaries, shareholders and business units; 

 


General Terms and Conditions

SOLE AGREEMENT

GENERAL CONDITIONS OF PURCHASE

Unless otherwise agreed to in writing these terms and conditions the Order"} and any contract which may be specified in the Order represent the only conditions upon which Telkom SA SOC Limited, Registration Number: 1991/005476/30 ("Telkom"} will procure the items or services specified in the Order (the "Supplies"} from the person to whom this Order is addressed (the "Supplier"). In the event of any inconsistency between this Order and any contract, the provisions of the contract shall prevail.

2 DEFINITIONS In the General Conditions of Purchase the terms below shall have the following meanings, unless it is inconsistent with the context of the Order:

2.1 "GENERAL CONDITIONS OF PURCHASE" means this order between Telkom and the Supplier;

2.2 "DELIVERY" means delivery in accordance with the conditions of the Order at the stated delivery point;

2.3 "SUPPLIES" means any services, equipment, goods, items or materials to be delivered by the Supplierintermsof the Order;

2.4 "SUPPLIER" means the party with whom Telkom places the Order and includes the Supplier's successors and permitted assignees; and

2.5 "TELKOM" means Telkom SA SOC Limited, Registration Number 1991/005476/30, a listed state owned company duly registered in accordance with the laws of the Republic of South Africa, with its registered address at 152 Johannes Ramokhoase Street, TelkomTowers North, Pretoria.

3 FIXED PRICE The price stated in the Order shall be regarded as fixed and is invariable and not subject to adjustments unless otherwise agreed between the parties in writing.

4 DELIVERY TIME OR DATE Subject to clause 18 (Amendment of Order}, the delivery time or date stated in the Order shall be regarded as fixed and the Supplier shall adhere strictly thereto.

5 ORDER CONTROL NUMBER The Order number stated in the Order shall be indicated c

 


Billing Terms and Conditions

ELECTRONIC BILL TERMS AND CONDITIONS

Copyright © 2010. Telkom SA Limited. Last updated 2010-10-07

ALL RIGHTS RESERVED. PRINTING AND DOWNLOADING ALLOWED.

THIS DOCUMENT IS ENCRYPTED TO MAINTAIN ITS INTEGRITY AND PREVENT UNAUTHORISED CHANGES. IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 http://www.acts.co.za/ect_act/ AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE TELKOM WEBSITE, WEB PAGES OR ANY PART THEREOF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE THE TELKOM WEBSITE. REASONABLE USE OF THE TELKOM WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THIS AGREEMENT.

I hereby confirm that … I am the account holder and therefore authorised to choose the format of my Telkom Tax invoice. I understand and accept that … • I will receive all future Telkom Tax invoices in the format that I have selected above; • The onus lies with me to inform Telkom, should I not receive or be unable to view my account. Non-receipt of the invoice shall not be considered as a reason for non-payment of the account; and • Once I have selected the electronic option, the electronic invoice will be my original Telkom Tax Invoice. • Please note: This service is only available to Residential customers.

COPYRIGHT © 2010. TELKOM SA LIMITED. ALL RIGHTS RESERVED. PRINTING AND SAVING ALLOWED. THIS DOCUMENT IS ENCRYPTED TO MAINTAIN ITS INTEGRITY AND TO PREVENT UNAUTHORISED CHANGES.

 


Fault Terms and Conditions

WEBSITE FAULT LOGGING TERMS AND CONDITIONS

1. Reserve the right Telkom reserves the right to:

1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

2. Change these Conditions from time to time and your continued use of the Website (or any part of), to report faults, following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website, to report faults, or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

2. Security Telkom ensures that:

1. All information recorded for fault reporting, including client information, will be used for record keeping and statistical purposes

2. Recorded information includes information provided to Telkom, from the client, in all forms of communication provided by Telkom

3. Liability It is the client’s responsibility to:

1. Use the fault reporting facilities on Telkom’s website for notification of faults only

2. Know and understand the reporting of faults to Telkom

3. Ensure the information recorded is true and correct as far as possible to the client’s knowledge

4. Ensure the maintenance and upkeep of their private equipment. Should it be discovered that the client reports a fault that is due to their private equipment or client negligence, the client will be charged a standard Unnecessary Call-Out fee. Further clarity on call-out fees and charges can be found on http://www.telkom.co.za/sites/aboutus/regulatory/tariffs/

5. Ensure that all Telkom related faults are reported to Telkom and no attempt should be made by the client to resolve these faults in his/her capacity

6. Ensure that the client reads and understands all Terms and Conditions

4. Terms of payment

Once the maintenance or resolution of the fault has been completed, the cost and associated fees of the maintenance of the fees will be charged to the client’s monthly bill

5. Third party links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at the client’s risk.

6. Disclaimer

Telkom shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the client or any third party (including the client’s company), as a result of or which may be attributable, directly or indirectly, to the client’s access and use of the website, any information contained on the website, the client or the client’s employer’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to the client or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof


Broadband Terms and Conditions

Product Specific Terms and Conditions for Telkom Broadband Service

The provision of Telkom's -broadband service(whether over ADSL of Optical Fibre) is subject to Telkom’s Standard Terms and Conditions for the Provision of Electronic Communications Services and Products, as well as the product specific terms and conditions listed below. Where there is any conflict between the Standard Terms and Conditions and the broadband-specific terms and conditions, the last mentioned shall prevail.

View Telkom’s Standard Terms and Conditions.

1. Broadband services provided over ADSL is a shared service (“best effort”) which means the potential speed that can be obtained will depend on the load on the line at the time of surfing the net.

2. The provision of Telkom's ADSL is subject to network availability, distance between closest exchange and installation address, copper line quality and line sync speed limitations.

3. The provision of Telkom’s Fibre broadband service is subject to network availability, but service quality is not impacted by distance from exchange.

4. Telkom accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of Telkom's broadband access service.

5. Broadband (ADSL & Fibre) is an access medium to the Internet or your preferred ISP and will not overcome any bandwidth related constraints within the World Wide Web itself.

6. Telkom modems are covered by a 12-month carry-in guarantee. The warranty does not include surge or lightning damage. We highly recommend that an external surge protection device be used.

7. The above guarantee will only be honored by Telkom provided that the modem and all its components as originally supplied are returned.

8. Where a customer requests a transfer of his service to another building/premises and retain the broadband bundle, the customer's contract will not be affected and no penalty/early termination charge will apply- however, installation charges will apply at the new building/premises, and provisioning of the service will be subject to a successful feasibility study pertaining to that specific new premises.

9. In the case of services rented in terms of a long term agreement, the rental obligations are governed by the conditions of the relevant agreement and early termination charges shall become payable in the case of termination before contract term expiration

10. Customers are responsible to provide network access to their premises via Point of Entry sleeves/ducts, at their own costs.