Subject to the General Terms and Conditions set out above, Vox Telecom Telecom South Africa (Proprietary) Limited ("Vox Telecom") hereby agrees to provide messaging services elected by the subscriber on the face hereof / in the subscription agreement to the subscriber, on the terms and conditions set out in the agreement ("service"). Definition of Products and Services: 1.1 SMS OnLine Product: A centrally hosted internet based SMS platform, provided by Vox Telecom Telecom, that allows an Vox Telecom subscriber (user) to send SMSs over an SMS link for delivery to the networks and for receipt of replies; 1.2 Subscribers access the service via the internet and log on using secure username and password issued by Vox Telecom; 1.3 Subscribers access reports via the internet; 1.4 Subscribers may send single and bulk SMSs; 1.5 There is no limit to the number of subscribers from a single customer;
The SMS OnLine Messaging agreement shall – 2.1 commence from the date on which the subscriber subscribes for the service; 2.2 in respect of any monthly service fee for the SMS OnLine service, endure for the duration as stated on the Subscriber Agreement and, unless terminated on the giving of thirty days' prior written notice before the end of the contract period, shall automatically renew for a further period which shall be the same as the initial contract duration. Notwithstanding the aforegoing, during any automatic renewal period the discounts applicable to the services provided for in the agreement or in any proposal submitted to the subscriber shall not be available to the subscriber until the subscriber concludes a new written agreement with Vox Telecom in respect of the services provided by Vox Telecom for the term of such automatic renewal period. Upon such written agreement being concluded between the subscriber and Vox Telecom, such discounts shall apply, mutatis mutandis, from the date of conclusion of such written agreement.
3.1 For the duration of this agreement, Vox Telecom hereby grants to the subscriber the right to use the SMS OnLine service for the sending of SMSs and receiving of replies. 3.2 The charges payable by the subscriber in terms of the SMS OnLine agreement are: 3.2.1 once-off registration fees; 3.2.2 fixed monthly subscription fees per user; 3.2.3 a fixed rate per SMS sent; It is expressly recorded and agreed that Vox Telecom shall be entitled, on thirty days’ written notice to the subscriber, to increase the aforementioned charges in circumstances of the direct costs to Vox Orion in providing the above services (including, without limitation, the charges charged by the network providers in respect of such services) being increased. In such event the increases to the rates shall be commensurate with the increased costs of providing the services.
Vox Telecom undertakes to – 4.1 grant to the subscriber the right to use the SMS M2S facility as described in the Product Manual; 4.2 maintain the SMS OnLine server and equipment and upgrade it at its discretion in order to provide maxium uptime and quality of service; 4.3 investigate written complaints verified by factual data on behalf of the subscriber, but may not be held responsible for any content related errors in any text message, delayed deliveries, failed messages or loss of data.
The Subscriber undertakes to - 5.1 use the service only for the purpose for which it is intended and to ensure that its employees, agents and/or subcontractors comply and procure compliance with the instructions, specifications and recommendations of Vox Telecom; 5.2 monitor the service and notify Vox Telecom about any breakdown in service delivery; 5.3 notify Vox Telecom about any problems relating to delivery reports within 48 hours after receiving the report from Vox Telecom; 5.4 notify Vox Telecom about any billing issues or errors within 30 days of receiving the disputed invoice from Vox Telecom; 5.5 implement and comply with the subscriber’s portion of the service level agreement; 5.6 Pay to Vox Telecom, all monies due as invoiced within the terms of supply as signed on the agreement.
Vox Telecom shall have the right to modify this agreement as it may deem necessary in its sole and absolute discretion. All and any modifications to the terms will be promptly posted on Vox Telecom’s website and notified in writing to the subscriber. Any use by the subscriber of the services after any such modification has been implemented shall be deemed to constitute acceptance by the subscriber of such modification to the agreement.
Vox Telecom shall be entitled at any time during the currency of this agreement without the consent of the subscriber, to sub-contract or assign any or all of its rights and obligations in terms of this agreement to any other party
The subscriber hereby authorises Vox Telecom, when deemed necessary by Vox Telecom to enable it to perform its obligations in terms of this agreement, to contract with third parties on behalf of the subscriber.