PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
MWEB Talk Terms and Conditions
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, made available to you on our VOIP Website or otherwise, including but not limited to software phones or mobile applications for download for your convenience to enable you to access the Services;
1.2 “Broadband Internet” means a reliant functional broadband internet connection with sufficient bandwidth and quality to enable you to send and receive quality VOIP communications, including calls, data and email, and to access the internet using a high speed connection;
1.3 “Charges” means the amounts which we will charge you for the Service selected by you, at the rates as recorded in your application and/or displayed on the VOIP Website and rates sheet from time to time;
1.4 “Credit Limit” means the limit placed on the charges you may incur during the course of a calendar month;
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 indicated from time to time on our VOIP Website;
1.7 “Number” means a specific phone number assigned to you for use of the Service;
1.8 “SIP” means the version of Session Initiation Protocol indicated on our VOIP Website from time to time, which is a Voice over Internet Protocol;
1.9 “SIP Device” means any SIP compliant device (such as an analogue telephone adapter, router, software phone, mobile application or other compatible device) allowing you to place and receive VOIP communications;
1.10 “Service(s)” means the VOIP product or service described more fully in clause 3 below, and as selected by you in your application;
1.11 “Third Party Software” means Application Software or any part thereof, owned by third parties, which we may make available to you for your convenience to use with this Service;
1.12 “use” includes, but is not limited to, accessing the Service and placing and receiving VOIP communications through the Service;
1.13 “VOIP” means Voice over Internet Protocol, a technology for delivery of voice and other communications over a data network (like the Internet);
1.14 “VOIP Website” means the MWEB My Account VOIP webpages and/or the MWEB Website products webpages featuring VOIP products and services, currently located at http: //www.mweb.co.za /services /myaccount or http: //www.mweb.co.za /productspricing /Voiceandemail /MWEBTalk.aspx or such other webpages as you are informed from time to time.
2. Duration and Termination
2.1 Upon termination of this Agreement any outstanding amounts will be due and payable within 30 (thirty) days of termination.
2.2 Migrating to another MWEB VOIP service will mean that you terminate your current Service and sign up for the new Service required. Accordingly you will first need to settle all outstanding amounts before you can be migrated. In addition you may lose your Number(s) and MWEB does not guarantee that you will be able to retain your Number in this migration process.
3. The Service
3.1 The Service will allow you to place and receive VOIP 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 application.
3.2 Upon activation of the Service, you will by default be assigned 1 (one) Number which may be used by you.
3.3 You may request additional Numbers to be assigned to your Service provided that:
3.3.1 your selected Service allows it; and
3.3.2 MWEB reserves the right at our discretion and at any time : (i) to limit the amount of additional Numbers you may add to your Service; and/or (ii) to withdraw your right to add Numbers.
3.4 This Service is intended to be used as a second telephone facility. It should under no circumstances be construed to be, or used as a primary telephone service, and MWEB makes no representations in this regard.
3.5 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.
3.6 In order to access and make use of this Service your equipment and software must meet the minimum requirements indicated on the VOIP Website from time to time, however you require at the very least the following:
3.6.1 Broadband Internet; and
3.6.2 a SIP Device; and
3.6.3 an activated Service.
3.7 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.
3.8 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.
3.9 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.
3.10 Normal usage specifically excludes calling behaviour that may be considered as Least Cost Routing Behaviour. As a guideline, MWEB will consider your calling patterns to be Least Cost Routing Behaviour in any of the following situations:
3.10.1 Consistent, excessive calling to the same destination(s);
3.10.2 Should the Service include any Discounted Minutes, the consistent, excessive usage of available Discounted Minutes, to the most expensive bundled destinations;
3.10.3 Excessive, repetitive and systematic calling (for example: at regular intervals and for regular call lengths).
3.11 The Service operates on the basis of a fair usage policy, which is designed to ensure that the minutes available to the vast majority of our customers are not negatively impacted because of excessive usage by other customers. This is why MWEB continuously monitors usage patterns and may restrict the Service to very heavy users or to users who fall into any of the categories described in 3.10 above. This policy forms part of our AUP and access to or use of this Service shall be regarded as "IP Services" for purposes of the AUP attached to our General Terms.
3.12 Discounted Minutes, if available as part of your Service, can only be used to call specific destinations as indicated on the VOIP Website.
3.13 You will have access to the VOIP Website interface to administer your Service and to view usage related information.
3.14 Although we use reasonable commercial efforts to route communications to those destinations which are indicated on our rates sheet 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 reasonable possible make an effort to provide information regarding specific type of numbers which we do not route communications to, available on the VOIP Website.
3.15 MWEB specifically does not guarantee, warrant or represent that:
3.15.1 our rates are cheaper than normal telephone calls or any other calls;
3.15.2 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
3.15.3 all local or international telephone numbers can be called.
3.16 The assignment of a Number to you is subject to usage conditions imposed by ICASA from time to time on us and you as end-user. In particular:
3.16.1 Numbers must be used only in ways that satisfy such usage conditions and in accordance with these Terms; and
3.16.2 you do not have perpetual rights to use particular Numbers; and
3.16.3 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.
3.17 Accordingly you shall never become the owner of any Number and MWEB 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.
3.18 Although MWEB 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.
3.19 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.
3.20 MWEB does not make any representation of whatever nature that the Number assigned to you will be reachable from Telkom’s network or from any other telecommunication platforms. MWEB 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.
3.21 Should any 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 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.
3.22 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.
3.23 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.
3.24 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.
3.25 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.
3.26 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.
3.27 Subject to limitations allowed in law, MWEB 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 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 MWEB 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.
4.1 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 VOIP 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 Rates per minute vary according to the destination which is called.
4.3 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.
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 MWEB will in its discretion impose a Credit Limit on the Services. The default Credit Limit is indicated on the VOIP Website. Once you have reached your Credit 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 Credit Limit provided that it remains within MWEB’s sole discretion to allow, disallow or impose any increase or decrease to your Credit Limit.
4.7 Your Credit Limit will be enforced when the aggregated balance of Charges in respect of all the Numbers related to the Service is greater than or equal to your overall Credit 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 MWEB and the relevant authors, owners or licensors thereof ("Proprietors") and intellectual property rights, are and shall remain with MWEB or the relevant Proprietor's.
5.3 MWEB 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 As the Application Software is provided for your convenience only, licenses to use 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 proprietor, 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 will 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. 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 proprietor.
5.5 Should the Application Software 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 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.
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.
6.1 If you do not have an active MWEB Mailbox which we are able to link to your Service, MWEB will set up a free mailbox for you to which the Service will be linked once you have registered for the Service. Your use of our mailbox is subject to our Mailbox Rules below:
6.2 You may have access to one (or more) types of mailboxes which range from mailboxes below 2GB in size and those more than 2GB in size.
6.3 You can verify the size of your mailbox here: http://www.mweb.co.za/services/MyAccount/.
6.4 You may however only downgrade the size of your mailbox at the end of a calendar month.
6.5 In order to keep our mail servers efficient, we need to apply the following restrictions to your mailbox:
6.5.1 time limit: MWEB will purge any mail that is older than 90 (ninety) days for mailboxes smaller than 2GB;
6.5.2 however, if your mailbox size is 2 Gig or larger, MWEB will not purge your mail;
6.5.3 if you exceed your mailbox size, no new mail or attachments will be delivered to your mailbox. You will, however, be able to receive mail again if you either delete mail and/or attachments from your mailbox or by purchasing additional space;
6.5.4 subject to any other technical limitations, MWEB restricts the size of an individual mail, sent or received, to 18Mb per mail; and
6.5.5 the number of recipients on your mailing list may not exceed 25.
6.5.6 In the case where your email address is at your domain name and the domain is hosted at another service provider, it is your responsibility to ensure that the domain host correctly points the mail server records to the MWEB mail servers. MWEB will not be responsible for mails that are not delivered or sent as a result of mail records not correctly pointed.
6.6 MWEB reserves the right to reduce the size of your mailbox, should you be in breach of the Agreement.
6.7 Upon suspension or cancellation of your subscription you will lose and MWEB will re-claim your username and mail address. MWEB may re-issue your username and mail address to a new subscriber 90 days after suspension or termination of your MWEB subscription. It is your responsibility to inform everyone so that they do not inadvertently send mail intended for you to the new subscriber. Please note that it is only the email address and not the content of any mailbox that will be reserved.
6.8 Once your account is suspended or terminated, MWEB may not keep copies of your e-mails on our servers. E-mails may be deleted and purged off the system daily.