Terms and Conditions

Terms and Conditions

The Fresh PHONE Service is a product of Euphoria Telecom (PTY) Ltd. By using the service you are agreeing to the following Terms and Conditions.

1.       Definitions
1.1   “Software” means any Software, including Third Party Software, made available to you on our Fresh PHONE 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 Fresh PHONE 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” means our receiving help via e-mail or our online knowledgebase and forums.;

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 the Fresh PHONE 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 the Fresh PHONE 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, hardware 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 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      “TMS” means the https://tms.Freshphone.co.za management portal webpages, currently located on the Freshphone.co.za domain.

1.15      “Air Time” means calling credit available for time to talk on the phone, it is measured in minutes for calls made.

1.16      “Fresh PHONE” means the Residential VOIP service offered by Euphoria Telecom (PTY) Ltd via the Internet domain freshphone.co.za.

 

2.       Duration and Termination

2.1   Upon termination of this Agreement any outstanding amounts will be due and payable immediately.

2.2   Migrating to another 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 Fresh PHONE 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          you pay for the associated fees for the extra numbers

3.3.3          Fresh PHONE 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 Fresh PHONE 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 Fresh PHONE 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 Fresh PHONE Service with available air time.

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, Fresh PHONE 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    Discounted Minutes, if available as part of your Service, can only be used to call specific destinations as indicated on the Fresh PHONE website.

3.12    You will have access to the TMS website portal to administer your Service and to view usage related information.

3.13    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 Fresh PHONE website.

3.14         Fresh PHONE specifically does not guarantee, warrant or represent that:

3.14.1      our rates are cheaper than normal telephone calls or any other calls;

3.14.2      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

3.14.3      all local or international telephone numbers can be called.

 

4.       Number(s)

4.1   The assignment of a Number to you is subject to usage conditions imposed by ICASA (The Independent Communications Authority of South Africa) from time to time on us and you as end-user. In particular:

4.1.1          Numbers must be used only in ways that satisfy such usage conditions and in accordance with these Terms; and

4.1.2          you do not have perpetual rights to use particular Numbers; and

4.1.3          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.

4.2   Accordingly you shall never become the owner of any Number and Fresh PHONE 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.

4.3   Although Fresh PHONE 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.

4.4   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.

4.5   Fresh PHONE 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. Fresh PHONE 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.

4.6   Should any Number not have been used in communications, other than communications from or to us, for a period of 6 (six) 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.

4.7   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.

4.8   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.

4.9   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.

4.10    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.

4.11    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.

4.12    Subject to limitations allowed in law, Fresh PHONE 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 Software or our withdrawal or revocation of 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 Fresh PHONE 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.

 

5.       Charges

5.1   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 Fresh PHONE 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.

5.2   Rates per minute vary according to the destination which is called.

5.3   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.

5.4   Your usage Charges are all prepaid for both Services charges and Air Time.

5.5   Fresh PHONE is a Prepaid Service. Once you have run out of calling credit you will not be able to make or receive calls or use most features of the Service.

5.6   You are only able to top up your calling credit and included Service Charges online using the TMS with a VISA or Mastercard Credit Card.

 

6.       Customer Support

6.1   Support is available via a) email (support@freshphone.co.za), b) the online knowledge base and c) the online forums.

6.2   Fresh Phone does not offer any telephonic or onsite support.

6.3   Support email requests will be responded to within 12 working hours Monday to Friday from 08h00am to 17h00)