1.1 Vox Telecom Limited (“Vox Telecom”) is South Africa’s leading alternative Telecommunications Company and has over 10 years experience in the telecommunications (telco) sector. As a division of Vox Telecom, Vox Telepreneur and subsidiaries of Vox Telecom (collectively “the Vox group”) sell voice and data products and services.
1.2 The following rules of conduct and customer’s policies have been established for The Customer’s protection. We encourage you to read and understand them so that you are fully aware, not only of your own obligations, but also for your rights as The Customer. We believe that the Vox group’s products and marketing plan are the best in the industry. Vox Telecom is committed to maintaining integrity of the business, its sales and marketing plan, and its distribution network of independent dealers. Vox Telecom reserves the right in its absolute discretion to waive wholly or partially or to pardon or forgive wholly or partially any breach of any of the rules contained within this agreement.
1.3 This agreement pertains to all products and/or services purchased from the Vox group from time to time, unless stated otherwise by the Vox group.

2.1. These terms and conditions refer to the products and/or services as indicated on any official company forms, price lists, quotations, orders or invoices.
2.2. Vox Telepreneur shall be referred to as Vox or The Supplier. 2.3. Products and/or services refer to the goods, equipment, products and/or services supplied or rendered by Vox to The Customer pursuant to any order placed by The Customer with Vox.
2.4. The Customer shall mean the person whose name appears on the dealer application, or in any other circumstances, any person or persons at whose request or on whose behalf The Supplier undertakes to supply any products, do any business, or provide any advice or service.
2.5. The Dealer or The Sponsor refers to the primary reseller of products and/or services of the Vox group.
2.6. Words importing any one gender shall include the other two genders.

3.1. The price of and rebates applicable to the products and/or services sold or services rendered shall be the usual price as set out in the Vox price list, available on the Vox website (http://www.vox.co.za/) at the time of the sale of the products and/or services.
3.2. Vox has the right to change the prices of and rebates applicable to the products and/or services from time to time on the basis set out in clause 17.1.
3.3. The validity of any price or rebate quoted is subject to availability.
3.4. Any quote provided to The Customer by a registered Vox Dealer may be changed at any time in the event of any increase in the cost price of the products and/or services, including currency fluctuations. Price increases will only be effected if the products and/or services have not yet been dispatched to The Customer.
3.5. Unless otherwise expressly stated, prices stated on the Vox website are inclusive of value added tax (VAT), which shall be for the account of The Customer. The Customer shall pay or reimburse to The Supplier the amount of any VAT simultaneously with the purchase price.

4.1. The Customer shall pay the amount on the tax invoice. Payment is due immediately save for credit-approved customers, in which event payment is due within the terms as specified in The Customer’s credit agreement with Vox.
4.2. Debit orders shall be instituted against The Customer for any products and/or services provided by The Supplier. All mandate requirements are satisfied upon acceptance by The Customer of the terms of this agreement. The Customer will be deemed to have committed a breach of this agreement if The Customer:
4.2.1. Cancels such debit order without the written consent of Vox.
4.2.2. Changes his banking details upon which the debit order relies, without giving Vox prior notification of such change and providing Vox with The Customer’s new banking details.
4.3. The Customer hereby authorises Vox to debit any the bank account notified by The Customer on the Vox website (or otherwise in writing) for all amounts owed by The Customer to Vox in terms of this agreement. It shall be The Customer’s responsibility to ensure that all bank account details so furnished are correct. Vox shall be entitled to rely on the bank details so provided by The Customer and shall have no obligation of whatsoever nature to verify the correctness or accuracy of any information so provided. The Customer is advised to ensure that the password and member number provided to it by Vox upon its purchase of any of the products and/or services are kept strictly confidential. Vox shall not be liable in any circumstances for any loss or damage suffered by The Customer as a consequence of its password or member number being accessed by anyone other than The Customer.
4.4. Payment is due monthly in advance, with all payments debited on the 1st (first) day of each month.
4.5. Where the Customer uses a postal service or courier service to effect payment, such services shall be deemed to be the agent of The Customer. Likewise, where The Customer uses Internet banking, the bank shall be deemed to be the agent of The Customer.
4.6. The Customer has no right to withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment terms of any nature will be granted unless reduced to writing and signed by The Customer and a duly authorised representative of Vox.
4.7. Vox shall have the right to suspend deliveries and to exercise its rights in terms of clauses 9.1 and 19 if any amount due by The Customer is unpaid.
4.8 Unless the customer notifies Vox in writing within 3 (three) days of receipt of an invoice to the contrary, the contents of such invoice shall be deemed to be correct.
4.9 In respect of Iburst and/or Vodacom 3G Vox may at any time, without notice to the Subscriber and in any manner whatsoever, suspend the Subscriber’s access to the MDN Services in the event that:
4.9.1 Any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the MDN Services or the Network. Vox will endeavour to inform the Subscriber timorously, in the event of planned maintenance.
4.9.2 The Subscriber fails to perform any of his or her obligations, or breaches any terms of the Agreement (in which event Vox may also suspend the Subscriber’s use of the Terminal Equipment).
4.9.3 Vox is unable to provide the MDN Services to the Subscriber at Vox’s discretion for any reason whatsoever.
4.10 Vox reserves the right to require the Subscriber to effect payment of any applicable reconnection charges pursuant to the restoration of the MDN Services suspended in the circumstances contemplated in clause
4.11 In the event that the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the monthly service charges during any such period of suspension.

5.1. Vox’s decision to grant credit facilities to The Customer and the nature and extent thereof is at the sole discretion of Vox.
5.2. Vox reserves the right to withdraw, increase or decrease any credit facilities at any time without prior notice.

6.1. The Customer hereby confirms that the products and/or services on the tax invoice issued duly represent the products and/or services ordered by The Customer at the prices agreed to by The Customer and where performance/delivery has already taken place that the products and/or services were inspected and that The Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. The Customer is furthermore deemed, upon acceptance of these Terms and Conditions, to be fully acquainted with the provisions of all installation guides, user manuals and the like pertaining to the products and/or services.
6.2. Vox will accept all written and verbal orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from Vox. Vox will not be responsible for any errors or misunderstandings occasioned by The Customer’s failure to make the order in writing. Vox may require The Customer to confirm verbal orders in writing before acceptance of such orders by Vox.
6.3. Orders shall constitute irrevocable offers to purchase the products and/or services in question at the usual prices of Vox as at the date when The Customer places the order of the products and/or services and shall be capable of acceptance by Vox by the delivery of the products and/or services, written acceptance or confirmation of the order.

7.1. Subject to availability and receipt of payment, requests will be processed within 2 (two) working/business days. Payments made via debit order can take up to 4 working days for processing.
7.2. Unless otherwise agreed, products and/or services shall be delivered to The Customer at the physical address provided by The Customer on the application form. The Customer shall be obliged to effect its own installation of the Vox ADSL Phone. The installation of the Vox ADSL PBX shall be effected, at The Customer’s cost, by an accredited installer notified by Vox to The Customer, unless otherwise agreed in writing by Vox. To the extent that the products and/or services purchased by The Customer require installation by such a third party, The Customer shall, at its own cost and expense, ensure that the installation area/s, electrical outlet/s, connection requirements and access way/s be suitable for the installation, passage and electrical connection of the products when they are delivered for installation and thereafter. If special lifting tackle or rigging operations are necessary for the installation of the products, all charges connected therewith shall be paid for by The Customer. The Supplier accepts no responsibility in respect of or liability arising out of such installation or the actions or omissions of any such third party installer.
7.3. Only when the delivery waybill is signed by The Customer and/or its authorised representative and/or its nominated agent and held by Vox, shall prima facie proof be accepted by The Supplier that delivery was made to The Customer.
7.4. Vox shall be entitled to split the delivery of the products and/or services ordered in the quantities and on the dates it decides with the prior consent of The Customer, which consent shall not be unreasonably withheld.
7.5. Vox engages a third party on its behalf to transport any products and services purchased by The Customer.
7.6. Vox does not guarantee that the products and/or services will be dispatched or delivered on any particular date and time, and The Customer shall have no claim against Vox in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any products and/or services, nor may The Customer cancel any order by reason of such reasonable delay.
7.7. Short deliveries or products and/or services damaged in transport must be reported to Vox head office within 24 (twenty four) hours of receipt.
7.8. All products and/or services taken on an evaluation, approval or demonstration basis or all products and/or services taken on consignment by The Customer are deemed sold to The Customer within 5 (five) working days of issue if not returned to Vox in a perfect condition in the original packaging and with all accessories and manuals intact. The Customer shall, however, be entitled, within 5 (five) working days of receipt of the products and/or services, to withdraw from this agreement and to obtain reimbursement of any payment (without any form of penalty for such withdrawal) made by The Customer in respect thereof provided that The Customer tenders return of the products and/services to Vox and bears all costs involved in returning same in perfect condition in the original packaging and with all accessories and manuals intact. All costs incurred by Vox in collecting the aforegoing (including, without limitation, the costs of collection and packaging) will be deducted from any amounts which may be owing by Vox to The Customer.
7.9. Delivery costs shall be the responsibility of Vox where explicitly specified by Vox, otherwise Vox reserves the right to charge delivery charges, as and when necessary.
7.10 in respect of Iburst and/or 3G Vox shall utilise its best endeavors to promptly comply with any supply and/or delivery and/or installation requirements recorded in the order but shall not be liable to the Subscriber in the event that such supply and/or delivery and/or installation is delayed or cancelled, for whatsoever reason. Vox may in its discretion refer the Subscriber to a third party who may undertake the installation of the Terminal Equipment in its own name and behalf and not as an agent of Vox.
7.11The Subscriber shall be responsible for obtaining all necessary approvals and authorities imposed by any competent authority or body (this includes but is not limited to body corporates, provincial and local municipalities) and required for the purpose of any such supply and/delivery and/installation, and the Subscriber hereby indemnifies Vox against any claim or liability suffered by Vox by reason of such approval and authorities not having been obtained.
7.12 All risk in and to the Terminal Equipment supplied and delivered by Vox to the Subscriber shall pass to the Subscriber on delivery.
7.13 If any Terminal Equipment is lost, stolen or damaged, the Subscriber shall immediately notify Vox in writing and until such notification, the Subscriber shall remain liable for all costs and charges pertaining to such Terminal Equipment. Vox shall as soon as reasonably possible replace the Terminal Equipment. The cost of this replacement equipment shall be for the Subscriber’s account. Such loss, theft or damage and/or the replacement of the Terminal Equipment and/or the allocation of a new mobile access number for any reason, shall in no way be deemed to constitute a termination of the Agreement which shall continue to be of full force and effect.
7.14 The Subscriber hereby warrants and undertakes in favour of Vox that the Subscriber:
7.14.1 Shall not use nor allow the MDN Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the MDN Services.
7.14.2 Shall only use the Terminal Equipment provided by Vox, and comply with relevant legislation and regulations imposed by any competent authority and all directives issued by Vox relating to the use of Terminal Equipment and the provision of MDN services.
7.14.3 Recognises that no right, title or interest in the software contained in the Terminal Equipment issued to the Subscriber vests in the Subscriber.
7.14.4 Shall not, nor permit any third party to reverse engineer, decompile, modify or tamper with the software contained in or pertaining to any Terminal Equipment.
7.14.5 Should the Subscriber exceed the monthly data allocations to the Subscriber’s account, the Subscriber is entitled to purchase top up data, however, Vox reserves its right to limit the Subscriber’s top up data.
7.15 In respect of Iburst and Vodacom 3G products, no activation of the product shall take place without the receipt by Vox of a copy of the Customer’s Identification document and proof of residence.
7.15.1 Should the customer not be a citizen of the Republic of South Africa, the Customer must provide a copy if his passport and/or refugee document and as per clause 7.15, proof of residence must also be provided.
7.15.2 Should the Customer be registered as a business whether a Sole Proprietor, Company or Closed Corporation, or any other such entity, the Customer must provide a copy of identification of the authorised representative of that entity, letter of authority/affidavit confirming this representation of the entity, the entity registration detail as per the letter of registration founding documents and /or SARS document and the proof of address where the entity is situated.
7.15.3 Should the Customer be registered as a business whether a Sole Proprietor, Company, or Closed Corporation or any other such entity, and the authorised representative of the entity is not a citizen of the Republic of South Africa, the Customer must provide a copy of identification of the authorised representative of the entity, a letter of authority/affidavit confirming this representation of the entity, the entity registration detail as per the letter of registration, founding documents and /or SARS document and the proof of address where the entity is situated.

8.1 Grant of right of use
8.1.1 The Supplier hereby grants the rights of use and enjoyment of the products and/or services to The Customer, which hereby accepts such grant of use and enjoyment of the products, subject to the provisions hereof and for the duration specified of this agreement.
8.1.2 The Customer specifically agrees that it will not hold The Supplier liable for any defects, breakdown or insufficiency in the products or as a result of a failure of the products or The Customer's inability to use the products.
8.2 Rental
8.2.1 The rental payable by The Customer to the Supplier for the use and enjoyment of the products shall be the amounts published by Vox from time to time.
8.2.2. Rentals stated in this agreement have been calculated after taking into consideration: current supplier list prices; all bona fide importation costs including but not limited to freight, clearing, rigging, handling, packaging, insurance, transport and sales/customs/ad valorem duty, rates of exchange; the then current prevailing short to medium term money market rates; costs of conforming to statutory obligations and or regulations and all other similar costs (hereinafter referred to as "the rental costing factors").
8.2.3 In the event that any of the rental costing factors should change, then, without derogating from anything aforementioned, The Supplier may adjust the rentals so that The Supplier maintains the internal rate of return it enjoyed immediately prior to the said change. Any adjustment to the rentals shall take effect upon the first day of the month/quarter/halfyear/ year following the date of the change.
8.2.4 If at any stage after the date of signature hereof by The Customer and during the subsistence of this agreement the prime rate changes, then without derogating from anything aforementioned, The Supplier may adjust the rentals so that The Supplier maintains the internal rate of return it enjoyed immediately prior to the said change. Any adjustment to the rentals may be made with effect from the date of the change, but in any event shall, if adjusted, be made not later than the first day of the month/quarter/halfyear/year following the date of the change. Any variations in the rental in terms of this agreement due to a variation in the prime rate shall be effective not withstanding any failure on the part of The Supplier to notify The Customer of such variation in the interest rate or any failure of The Supplier to recover any varied rentals from The Customer. The Customer shall be obliged to pay the adjusted rentals from the date of such change.
8.2.5. The Customer shall not be entitled to withhold any payment from The Supplier for any reason whatsoever, nor shall The Customer set off against any rental and any other amount payable, any present or future claim which The Customer may have against The Supplier from any cause arising.
8.2.6. All monies paid by The Customer in terms hereof shall be applied in the first place to the payment of any additional amounts payable by The Customer to The Supplier and the balance shall be applied to the payment of the rental set out in this agreement. The Supplier may, not withstanding the above, in its own discretion and without notice to The Customer, apply any moneys received by it from The Customer, in payment of any other amount due by The Customer to The Supplier, whether in respect of products and/or services sold, services rendered, moneys advance or any other debt whatsoever. The Customer shall forthwith settle any short fall in the amounts due in terms of this agreement, which may arise in this manner.
8.2.7. It is expressly agreed that the rentals do not include any payment in respect of maintenance or repairs of the products and/or services.
8.3 Liability and indemnity
8.3.1 The Supplier shall not be liable to The Customer for any loss or damage which The Customer may suffer or incur as a consequence of utilising the products and/or services irrespective of whether such loss or damage is direct or consequential. Without limiting the generality of the aforegoing, the Supplier shall not be liable for any damage or loss suffered by The Customer caused by and/or attributable to
8.3.1.1 the use or possession of the products and/or services;
8.3.1.2 late commissioning of the products and/or services whether or not such late commissioning is occasioned by any fault and/or negligence on the part of The Supplier;
8.3.1.3 the fact that the products and/or services are not functioning properly or at all at any particular stage.
8.3.2 The Customer hereby indemnifies and holds The Supplier harmless from any and all loss, injury, damage, fines, penalties and claims whatsoever and howsoever arising from or connected with the products, the installation and commissioning of the products and/or services and/or the use or possession thereof and whether or not such claims are caused by any act or omission of The Customer or anyone else.
8.4 Ownership of the Products It is expressly agreed that the products shall at all times be and remain the sole and absolute property of The Supplier. At no stage during the period of this agreement or thereafter will The Customer or any person on its behalf acquire ownership of the products in terms of this agreement. On the termination of this agreement, for any reason whatsoever, the products shall be returned to The Supplier at an address nominated by The Supplier in the same condition as existed at the commencement of this agreement, fair wear and tear excepted, and The Customer or any person on its behalf shall not after termination of this agreement be entitled to retain the possession, use or enjoyment of the products.
8.4.1 In respect of Iburst/Vodacom 3G pertaining to the 24 month, once this initial period is concluded ownership of the Terminal Equipment will transfer to the customer but at no time before this contract period has ended.
8.4.2 In respect of Iburst/3G should the customer have chosen the outright purchase option, then clause 8.4 does not pertain to this agreement.
8.5 Risk and maintenance of the Products
8.5.1 The Customer shall during the subsistence of this agreement maintain the products in a good state of repair, fair wear and tear excepted. The Customer shall make good at its own expense any damage caused to the products from whatsoever cause arising, including, without limiting the generality of the aforegoing, any damage arising from the negligence of The Customer or its employees. The Customer shall ensure that all repair and maintenance services in respect of the products shall be rendered only by suitably qualified persons approved by the supplier of the products. The Customer shall be responsible for all costs and charges in respect of repairs and maintenance of the products.
8.5.2 The Customer shall not be entitled to any suspension, remission and/or withholding of any rental in respect of any period during which the products are not in proper working order or not working at all.
8.6 The Customer’s obligations
8.6.1 The Customer shall not, without the prior written permission of The Supplier remove or allow the products to be removed from The Customer's premises.
8.6.2 The Customer shall -
8.6.2.1 use the products with care and subject to any instructions issued by The Supplier or manufacturer of the products from time to time, which instructions shall be deemed to have been issued by The Supplier;
8.6.2.2 keep the products free from the claim of third parties and from attachment, shall not alienate or transfer the products, encumber the products, either in part or as a whole, nor allow any lien to arise in respect thereof and should The Customer allow the products to become subject to any lien or attachment of any nature and The Supplier pay the amount due for the release thereof, then such amount shall constitute a debt owing to The Supplier by The Customer and shall become payable on demand;
8.6.2.3 keep the products dry, clean and free from dust, extreme temperature and harmful fumes;
8.6.2.4 permit The Supplier and/or its authorised agents to have access to and to inspect and/or maintain the products at all reasonable times;
8.6.2.5 immediately advise the owner or the landlord of The Customer's premises or any subsequent landlord and/or owner of any subsequent premises of the fact that the products are the property of The Supplier and will remain such throughout the subsistence of this agreement and thereafter;
8.6.2.6 advise The Supplier of the name and address of the owner or landlord of The Customer's premises and/or the name and address of any subsequent owner or landlord of the same or any other subsequent premises;
8.6.2.7 not interfere with or allow any interference with any identification which may be affixed to the products by The Supplier from time to time;
8.6.2.8 not use the products other than for the purposes of this agreement;
8.6.2.9 not, without the prior written consent of The Supplier, make any alteration to the products and all replacements and renewal parts and accessories and all additions and alterations to the products during the currency of this agreement, shall be deemed to form part of the products and shall accede to and become the property of The Supplier without compensation to The Customer;
8.6.2.10 keep the products in its own possession and control and shall not permit the same to be used by any unqualified operator or in any other manner contrary to the law or the terms and conditions of any insurance policy relating to the products;
8.6.2.11 advise The Supplier forthwith of any loss of or damage to the products and shall, during the continuance and/or upon termination of this agreement reimburse The Supplier for all costs and expenses incurred to put the products into good and proper order and repair, if the cause of loss or damage is attributable to the negligence or wilful conduct of The Customer. The Customer hereby undertakes to look after and care for the products in a proper, diligent and careful manner;
8.7 Insurance The Customer shall be responsible for the insurance of the products at their full replacement value and The Customer shall comply with all reasonable conditions imposed by The Customer’s insurer or their agents with regards to the location and use of the products.
8.8 Alteration and extension to the products Should The Customer or any competent authority determine, either before, during or after the installation of the products, that any alterations or additions are required to the products or to The Customer's premises to ensure the proper installation and functioning of the products, then such alterations or additions shall be carried out only by such technicians as may be approved by The Supplier, at The Customer's sole cost and expense. Such technicians shall be deemed to be the agents of The Customer in carrying out such alterations and additions and no liability of whatsoever nature shall attach to The Supplier in respect of such alterations or additions or in the manner in which they are carried out.
8.9 Upgrade options
8.9.1 Unless the contrary is expressly recorded in this agreement, The Customer shall have the right, subject to the provisions of the option contained in this paragraph, to upgrade the products or any part thereof during the currency of this agreement.
8.9.2 Without derogating from the generality of anything stated in this agreement, the parties hereby expressly agree that the upgrade option may not be exercised unless:
8.9.2.1 The Customer will have complied with and can reasonably be expected to continue to comply with all the terms and conditions of this agreement;
8.9.2.2 The Customer shall give The Supplier at least 30 (thirty) calendar days written notice of its intention to exercise this option.
8.9.3 The Customer shall sign and accept all documents and/or contractual amendments to this agreement as are then deemed necessary by The Supplier for the exercise of this option.
8.10 Emergency telephone calls The Customer hereby acknowledges and agrees that effecting emergency calls from the products and/or services supplied by Vox pursuant to this agreement may result in a delay in the response time of any such emergency service. The Customer is accordingly advised to use Telkom directly to place any such emergency calls as in no circumstances will Vox be liable for any delays encountered by The Customer should such calls have been placed utilising the Vox products and/or services nor for any direct or indirect damage or loss suffered by The Customer as a consequence of any such delays.

9.1. Should any amount not be paid by The Customer on due date, the full outstanding amount in respect of all purchases by The Customer shall become due and payable, and The Customer shall be liable to pay interest in respect of amounts unpaid at the compound rate of 5% (five per cent) above the prime overdraft rate of Standard Bank Limited on all overdue amounts from due date until date of payment, calculated and payable monthly in advance.
9.2. The Customer will, in the absence of any manifest error be bound by The Supplier’s calculations in the determination of any interest.

This agreement commences on the date of acceptance by The Customer of these terms and conditions and continues indefinitely unless terminated in writing by either Vox or The Customer within the following notice periods –
10.1 in respect of the supply of Vox ADSL phones, 30 (thirty) days’ notice;
10.2 in respect of the supply of Vox ADSL PBX, 60 (sixty) days’ notice;
10.3 in respect of the supply of third party products, such as, but not limited to, Vodacom 3G or Iburst, the notice periods applicable to such products and/or services as notified by The Supplier to The Customer at the time of purchase, which notice periods are, as at the date hereof and unless otherwise notified to The Customer, 24 (twenty four) months.
10.4 in respect of the supply of Iburst and or Vodacom 3G, the agreement shall continue for the Initial Period, and thereafter continue automatically for an unlimited number of Renewal Periods unless terminated:
10.4.1 By the Subscriber, on expiration of the Initial Period or a Renewal Period, as the case may be, by giving to Vox a written notice of termination not less than (1) one calendar month and not more than (3) (three) calendar months before the expiration of the Initial Period or the Renewal Period, as the case may be; and/or
10.4.2 By the Subscriber, within a period of 6 (six) working days from the Effective Date, should the Subscriber not find the service fit for use, subject to full restitution by the Subscriber including without limitation, return of the Terminal Equipment and full payment in respect of all data used which data will be billed per megabyte price applicable to the package subscribed for (incl. VAT).
10.4.3 The Subscriber may not cancel or terminate the Agreement and demand reimbursement for Terminal Equipment or any damages of whatsoever nature as a result of the Subscriber’s relocation to an area outside of Iburst’s and or Vodacom’s 3G coverage.
10.4.4 The Subscriber may renew the Agreement to a 24 month Agreement with 3 (three) calendar months notice or less prior to the expiry of the Initial period or Renewal period as the case may be. Should the Subscriber opt for early renewal, the Subscriber will be responsible for any outstanding amount owing under the existing agreement prior to commencing with the renewed Agreement.
10.4.5 Notwithstanding any provision contained in this clause 10 or anywhere in these terms and conditions, Vox shall be entitled to terminate the Agreement at any time and for any reason whatsoever.

11.1. The Supplier shall without notice to The Customer be entitled to cede, sell, pledge and/or assign all or any of The Supplier’s rights under this agreement, and/or its right of ownership in the products and/or services and if such cession, sale, pledge or hypothecation takes place.
11.2. The Customer shall thereupon:
11.2.1. Hold the products and/or services, products or services on behalf of, and in accordance with, the instructions and directions of any such cessionary lies in place of The Supplier;
11.2.2. If so required by any cessionary make all payments directly to such cessionary.
11.2.3. Unless the context otherwise indicates, any reference to The Supplier shall be deemed to include reference to its successor-in-title.
11.3. The Customer shall not be entitled cede its rights nor assign its obligations under these terms and conditions.

12.1. Whilst Vox is under no obligation, other than in the circumstances of clause 7.8, to accept the return of products and/or services, The Customer may apply in writing to Vox for permission to return products and/or services and if permission is given such products and/or shall be collected by The Supplier at an address and time pre-specified by The Customer and agreed upon by The Supplier, at The Supplier’s cost.
12.2. The Customer may apply in writing to return any defective products and/or services to The Supplier at The Supplier’s cost. Vox undertakes to replace such products and/or services with items of the same or similar specification, or repair to working order. No refunds will be considered in respect of return of defective products and/or services.
12.3. Vox reserves the right to offset the value of any products and/or services accepted for return against any amounts due by The Customer.
12.4. Products and/or services will only be deemed “returned” by The Supplier when faxed proof of a signed waybill is received by The Supplier.
12.5. On termination of this agreement, The Supplier shall collect the products and/or services from The Customer in the same condition as existed at the commencement of this agreement, fair wear and tear excepted.
12.6. Should The Supplier not, despite having used reasonable endeavours, be able to collect the products and/or services within 5 (five) days of account termination, for any reasons, or if the product and/or service is not accepted by The Supplier as being in good condition, the full cost of the product and/or service and courier costs will be charged to The Customer.

13.1. In the event of the products and/or services being lost, stolen or, in the opinion of The Supplier damaged beyond economical repair, this agreement shall terminate and The Customer shall pay all costs relating to the loss or destruction not excluding rentals plus VAT outstanding and, if decided by The Supplier, all product, services and courier costs in respect of the period prior to such termination, provided that this agreement shall not terminate if the parties reach agreement on the substitution of the products and/or services.
13.2. Should The Supplier hold any insurance policy in respect of the products and/or services, The Customer shall comply with all or any lawful requirements of the insurance concerned in regard to any claims made following upon loss, theft or destruction of the products and/or services.
13.3. In the event of loss or destruction of the products and/or services, The Customer shall notify the Owner within 1 (one) business day of such less or destruction.

14.1. Products and/or services may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to products and/or services are hereby specifically excluded by Vox.
14.2. All guarantees are immediately null and void should any products and/or services be tampered with or should the “seals” on the products and/or services be broken by anyone other than Vox or its appointed nominee, or should the products and/or services be operated outside the manufacturer’s specifications.
14.3. To be valid, guarantee claims must be supported by the original tax invoice and the products and/or services must be in their original packaging and must be accompanied by all accessories and manuals must be intact. All items must be returned in “as new” condition.
14.4. No warranties whether express or implied shall apply, other than those provided in this contract. Vox specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of Vox shall be considered to be a warranty by Vox. Any such statements made shall not give rise to any liability or whatsoever nature on the part of Vox, its employees, subcontractors or subsidiaries. Vox will not be liable to The Customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss or profits arising out of Vox’s performance or customers’ use of the products and/or services rendered.
14.5. The Customer indemnifies and holds Vox (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against Vox by any third party arising from or in connection with any defect, latent or otherwise in any products and/or services supplied by Vox.
14.6 Vox cannot in any manner guarantee or measure the quality of voice services provided over “public networks” where there is no direct IP connection to Vox. Loss of voice integrity and quality cannot be measured by means of MOS (Mean Opinion Score as a measurement of voice quality) or any other manner over networks not linked to Vox directly. Vox shall nor entertain any claims in regard to services offered whilst traversing “public networks”
14.7 The customer shall have no claim whatsoever nature and howsoever arising against Vox to withhold payment of any monies due in terms hereof should the network temporarily or otherwise fail, malfunction, provide no or poor coverage or should any of the services or facilities provided by Vox or any other service provider that Vox interconnects with be temporarily unavailable.
14.8 The customer shall not be entitled to set off or deduct any monies in respect of “dropped” or discontinued calls and/or connections or temporarily unavailable services including facsimile and other services. Vox does not make any representations nor, give any warranty or guarantee of any nature whatsoever in respect of the service.
14.9 Vox does not warrant or guarantee that the information transmitted by the use of the service will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or virus of any kind and will not contravene the laws of a particular country.
14.10 Vox shall be entitled in its sole discretion to alter the telephone number or any other code or number, which has been allocated to the customer.

15.1. Vox's liability in terms of a manufacturer's warranty is restricted to, in Vox or the manufacturer's discretion, the cost of repair or replacement of faulty products and/or services or the granting of credit.
15.2. In the case of repairs undertaken by Vox repair quotes given are merely estimates and are not binding on Vox.
15.3. The Customer hereby agrees that any item returned for a repair may be sold by Vox to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after The Customer has been informed that such repairs have been completed.

15.1. Vox’s liability in terms of a manufacturer’s warranty is restricted to, in Vox or the manufacturer’s discretion, the cost of repair or replacement of faulty products and/or services or the granting of credit.
15.2. In the case of repairs undertaken by Vox repair quotes given are merely estimates and are not binding on Vox.
15.3. The Customer hereby agrees that any item returned for a repair may be sold by Vox to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after The Customer has been informed that such repairs have been completed.

17.1. Vox reserves the right in its sole discretion to vary or amend these terms and conditions, including without limitation, the prices of the products and/or services from time to time. The Supplier shall publish any such amendments on the Vox website. Any use by The Customer of the products and/or services after any such amendment has been reflected on The Supplier’s website shall be deemed to constitute acceptance by The Customer of such amendment. The Customer acknowledges and agrees that it is solely responsible for reviewing any such amendments on The Supplier’s website from time to time and to make itself aware of any such changes. For the avoidance of doubt, it shall not be a defence against any assertion that The Customer accepted the amendments to this agreement and/or the prices, that The Customer was not aware of such changes.
17.2. This contract, as amended from time to time, represents the entire agreement between Vox and The Customer and shall govern all future contractual relationships between Vox and The Customer.
17.3. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of Vox. No agreement, whether consensual or unilateral or bilateral, purporting or obligate Vox to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of Vox.
17.4. No relaxation, indulgence or extension of time which Vox may grant The Customer shall prejudice or be deemed to be a waiver or novation of any Vox rights in terms of these terms and conditions.
17.5. The Customer undertakes to notify Vox within 7 (seven) days of any change of address or change in member, director, shareholder, address or the information as set out in this Agreement.
17.6. The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this contract.
17.7. Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
17.8. The Customer undertakes to inform Vox in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of The Customer business and failure to do so will constitute a material breach of this contract entitling Vox to cancel the contract without further notice to The Customer.

If Vox is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement due to any reason and/or cause beyond the control of Vox or by reason of force majeure, Vox shall be relieved of its obligations in terms of this Agreement during such period.

In the event of: 19.1 the Customer failing to settle any amounts owing in terms hereof on due date; or
19.2 any other breach by The Customer, should The Customer fail to remedy such breach within 48 (forty eight) hours after receipt of notice to that effect from Vox; or
19.3 The Customer repeatedly breaching this agreement in such manner that The Customer’s conduct is inconsistent with the intention or ability of The Customer to carry out the terms of the agreement; or
19.4 The Customer being sequestrated or placed under liquidation or entering into judicial management or committing act of insolvency or entering into a compromise with its creditors or failing to satisfy a judgement granted against it within 7 (seven) days of the date of judgement or there being a change in the beneficial ownership of The Customer without the prior written approval of Vox, Vox shall be entitled without prejudice to its rights in law or in terms of this agreement, immediately to cancel this agreement or to claim immediate specific performance of all of The Customer’s obligations whether or not due for performance, in either event without prejudice to Vox’s right to claim damages and to re-take possession of the products and/or services and is hereby irrevocably authorised to enter upon The Customer’s premises to take delivery of such products and/or services without Court order.

20.1. These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa
20.2. The Vox products and/or services are only available to citizens residing within South Africa.
20.3. Vox shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court be entitled to institute action out of such court.
20.4. A certificate issued and signed by any director, member or manager of Vox, whose authority need not be proved, in respect of any indebtedness of The Customer to Vox or in respect of any other fact, including but without limiting the generality of the aforegoing, the fact that such products and/or services were sold and delivered, shall be prima facie proof of The Customer’s indebtedness to Vox and prima facie proof of delivery of the products and/or services in terms of this contract.
20.5. Any print out of computer evidence tendered by Vox shall be admissible evidence and The Customer shall not be entitled to object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
20.6. The Customer’s address in the Dealer application form shall be recognised as The Customer’s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount or communications of whatever nature.
20.7. In the event of The Customer breaching any of its obligations and/or failing to timeously make payment of any amount to Vox, The Customer agrees to pay, and shall be liable to pay, all legal costs incurred by Vox in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, tracing agent’s fees and air fares.
20.8. Any document will be deemed duly received by The Customer within:
20.8.1. 3 (three) working days of pre-paid registered mail to any of The Customer’s business or postal addresses or the domicilium address of The Customer, or to the personal address of any director, member or owner of The Customer; or;
20.8.2. 24 (twenty four) hours of being faxed to any of The Customer’s fax numbers or any director, member of owner’s fax numbers; or
20.8.3. on being delivered by hand to The Customer or any director, member of The Customer; or
20.8.4. 48 (forty eight) hours if sent by overnight courier.
20.9. The Customer agrees that neither Vox nor any of its employees will be liable for any negligent or innocent misrepresentations made to The Customer, nor shall The Customer be entitled to resile from these terms and conditions on those grounds.

21.1. Vox may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on The Customer and Vox.
21.2. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA.
21.3. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.

Acceptance of a negotiable instrument from The Customer shall not be deemed to be a waiver of Vox’s rights under this contract. In relation to cheques furnished by The Customer to Vox, The Customer waives its right to insist on notice of dishonour or protest being given to it on the event that the cheque is dishonoured.

23.1. The website (http://www.vox.co.za) is run by Vox.
23.2. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Vox bank account, the details of which will be provided on request.
23.3. Credit card transactions will be acquired for Vox via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
23.4. Customer details will be stored by Vox separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
23.5. The merchant outlet country, at the time of presenting payment options to the cardholder, is South Africa. Transaction Currency is South African Rand (ZAR).
23.6. Vox takes responsibility for all aspects relating to the transaction, including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
23.7. The Vox website is governed by the laws of South Africa.

24.1. Vox shall take all reasonable steps to protect the personal information of users.
24.2. For the purpose of this clause, “personal information” shall be detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
24.3. The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000.act2.pdf.
24.4. The Customer understands that the personal information given in the Dealer Application form or pursuant to any order placed by The Customer with Vox may be used by Vox for the purposes of assessing credit worthiness.
24.5. Vox has The Customer’s consent at all times to contact and request information from any persons, credit bureau or businesses or other and to obtain any information relevant to The Customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time customer has dealt with each supplier, type of products and/or services purchased and manner and time of payment.
24.6. The Customer agrees and understands that information given in confidence to Vox by a third party on The Customer will not be disclosed to The Customer.
24.7. The Customer hereby consents to and authorises Vox at all times to furnish credit information concerning The Customer’s dealing with Vox to a credit bureau and to any third party seeking a trade reference regarding The Customer in his dealings with Vox.

25.1. Vox chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
25.1.1. Block B, Rutherford Estate, 1 Scott Street, Waverley, South Africa
25.2. The Vox contact details are as follows:
25.2.1. Email: help@voxtelecom.co.za
25.2.2. Phone: 087 805 9111