Bulk MMS
Terms and Conditions

1.     Introduction

In terms of the Memorandum of Agreement already concluded between the parties, the customer will adhere to the Bulk MMS terms and conditions below.

2.     Memorandum of Agreement

2.1.      The Customer shall comply with these Terms and Conditions and shall continue to be bound by the Memorandum of Agreement. The phrases used in these Terms and Conditions shall, unless the context clearly indicates otherwise, have the same meaning as assigned to them in the Memorandum of Agreement. It is recorded that the definition of “the Bearers” in the Memorandum of Agreement shall be de med to include Bulk MMS services.

2.2.      Prior to the Customer being permitted to make use of Bulk MMS services (and at all times after approval from Vodacom Internal WASP), the Customer shall be required to adhere to Vodacom’s prerequisites, including but not limited to the following:

2.2.1.       No judgments shall have been recorded against the Customer.

2.2.2.       The Memorandum of Agreement to which these Terms and Conditions are attached must have been properly concluded and executed by the Customer.

2.2.3.       Such other prerequisites as Vodacom may determine and advise the Customer of from time to time.

2.2.4.       In the event of the Customer using Bulk MMS for any fraudulent or mala fide purpose or for any other purpose for which it was not intended, then Vodacom shall be entitled, immediately and without notice, to suspend the Customer’s right t use Bulk MMS.

2.2.5.       In the event that Vodacom determines (as it in its sole and absolute discretion may do) that the Customer cannot or has not complied, or can no longer comply with these Terms and Conditions, then Vodacom may immediately and without notice reject the Customer’s application to deploy Bulk MMS services or once deplo yed, immediately and without notice suspend the Customer’s right to use Bulk MM services.

3.     Application / Vetting Criteria

Prior to the Customer being permitted to make use of Bulk MMS services (and at all times after approval from Vodacom may have been obtained), the Customer shall be required to adhere to Vodacom’s prerequisites, including but not limited to the following:

3.1.      Bulk MMS services will only be available to business partners who have an agreement with Vodacom.

3.2.      The Customer must never have been declared insolvent or be undergoing debt counselling or debt review.

3.3.      The Customer must not have any record of business rule contravention with Vodacom or WASPA in the last six months.

3.4.      As with all transactions, regardless of how they are initiated, for any transaction initiated via MMS, the clauses from the agreement, Code of Conduct and any other specific service related clauses relating to MMS transactions should be adhered too.

3.5.      Vodacom has a right to use its own discretion to grant customer’s access to Bulk MM services.

3.6.      In the event of a customer using Bulk MMS services for any fraudulent purpose or for any other purpose for which it was not intended, Vodacom shall be entitled to immediately terminate the agreement. In terms of the law, Vodacom is obliged to report fraudulent activities to the police.

3.7.      All monies owing, due and payable to Vodacom by the Customer at date of application for Bulk MMS services must be settled in full.

3.8.      Vodacom may, in their sole discretion, reject an application to use Bulk MMS services.

4.     General Administrative and Technical Specifications, Procedures and Regulations

4.1.      The Customer is not allowed to use a Vodacom logo, trademark, slogan or any other device or form of intellectual property belonging to Vodacom in advertising without the prior written consent of Vodacom.

4.2.      In all advertising, the Customer name must be stated so that the Customer is made aware that it is a Customer and not Vodacom that is offering the service.

4.3.      Contravention of any of Vodacom’s terms and conditions will result in the suspension o services and failure to resolve within 48 hours of notification will result in termination of services.

4.4.      In order for the Customer to deploy Bulk MMS services, it shall adhere to Vodacom’s technical and billing criteria and/or specifications as may b stipulated and amended by Vodacom from time to time, as well as such other criteria, including but not limited to advertising criteria, as determined by Vodacom from time to time.

5.     Warranties and Disclaimers

Vodacom does not give any warranties with regard to the provision of Bulk MMS services and the customer must ensure that no such warranties are given to the service users.

6.     Amendment of these Terms and Conditions

Vodacom shall be entitled to amend and/or vary and/or supplement these Terms and Conditions on 7 (seven) days written notice to the Customer, and the Customer shall upon receipt of such notice be deemed to be bound thereto.

7.     Third Parties

7.1.      The Customer shall ensure that in any agreement it enters into with any of its sub-contractors, agents, partners, suppliers or the like regarding any matter relating to Bulk MMS services, or should any of the Customer’s rights a provided for herein be exercised through such persons, then it shall bind such persons to the same obligations to which it is bound in terms of these Terms and Conditions, as may be applicable in the circumstances, and shall ensure that their exercise of such rights do not contravene these Terms and Conditions. Furthermore the WASP shall be responsible for the acts or omissions of such persons that contravene these Terms and Conditions.

For further enquiries please contact Vodacom Internal WASP:

Office Number: 08217866

E-mail: vodacomwasp@vodacom.co.za