Terms & Conditions

Latest Update: 01/05/2024

1. Introduction

1.1.        Magnalec (Pty) Ltd t/a PacketSky, hereinafter referred to as “PacketSky,” agrees to provide communication services to the Customer subject to the following terms and conditions.

1.2.        This Agreement outlines the terms and conditions agreed upon by PacketSky and the Customer to provide the requested Services.

2. Interpretations and Definitions

2.1.        Agreement: Refers to the terms and conditions outlined in this document along with its annexures, any amendments, or variations hereto, including PacketSky’s quotation upon acceptance by the Customer.

2.2.        Approved Hardware: Refers to hardware certified and approved by PacketSky for use with its services.

2.3.        Change Management: The process of making changes to the settings or scope of the Service by PacketSky.

2.4.        Cloud: The use of remote servers accessible over an internet connection.

2.5.        Days: Ordinary or working days in South Africa.

2.6.        Demo Equipment: Any equipment provided by PacketSky to the Customer for testing purposes.

2.7.        Demo Period: The agreed-upon period for testing demo equipment provided by PacketSky.

2.8.        Downtime: Refers to PacketSky’s servers being unavailable due to problems with its systems or hardware, excluding any Third-Party dependencies.

2.9.        ECA: Electronic Communications Act 36 of 2005.

2.10.     Emergency: Occurs when the Customer is unable to use the Services with approved hardware and Suitable Connectivity for voice transmission.

2.11.     Equipment: Refers to equipment supplied by PacketSky for use with the Service.

2.12.     ICASA: Independent Communications Authority of South Africa.

2.13.     One Month’s Notice: Notice given from the first day of the month until the last day of the month, with the notice period commencing on the first day of the following month if given on any other day.

2.14.     PBX: Private Branch Exchange, a private telephone network used within a company.

2.15.     PoPIA: Protection of Personal Information Act 4 of 2013.

2.16.     Service: Provision of Cloud PBX and voice services, call recording and logging, cloud-based email services, and data and/or internet services offered by PacketSky, as described in the Service Level Agreement (SLA).

2.17.     PVP: PacketSky’s Voice Portal management system, including Administration Portal and SmartPBX platforms.

2.18.     Service Fees: Fees charged by PacketSky for using the Service.

2.19.     Support: Assistance provided via email or telephone, including diagnosing problems related to the functioning of the Service.

2.20.     Your Data: All electronic data or information submitted by the Customer residing in the PacketSky service. Refer to PacketSky’s Privacy Policy on the website for more information.

3. Agreement Term

3.1.        This agreement shall become effective upon the date of signature and shall remain in force until terminated by either party. Termination requires 1 (one) month’s written notice, except in cases of breach as defined in section 10.

4. Services

4.1.        PacketSky will provide the Customer with the Service in accordance with the service levels outlined in our SLA and supply the Equipment if requested.

4.2.        Our Service will adhere to generally accepted telecommunications industry standards.

4.3.        PacketSky will strive to keep the Service available at all times, acknowledging Third-Party and connectivity dependencies beyond its control.

4.4.        The Customer is responsible for implementing necessary contingency plans in the event of unavailability of PacketSky’s Services.

4.5.        Cancellation of services, collectively or individually, requires 1 (one) month’s written notice, with cancellations processed within 2 (two) business days.

5. Customer Responsibilities

5.1.        By subscribing to PacketSky’s services, you affirm that you have evaluated your needs, and the selected Service and Equipment meet your requirements.

5.2.        The customer must provide necessary infrastructure, applications, telecommunications, facilities, and services.

5.3.        Responsibilities include setting up and maintaining local LAN infrastructure, desktop PCs, connectivity, and ensuring staff compliance.

5.4.        You agree to comply with all applicable laws while using our Services.

5.5.        It is a fundamental condition of this agreement that you have read, understood, and agreed to PacketSky’s Terms & Conditions, including the PacketSky Promotion of Access to Information Manual (“PAIA Manual”). These documents are available on the PacketSky website: https://www.packetsky.com/.

5.6.        Acknowledging the importance of interconnectivity between communication networks for our Services, you undertake not to engage in any actions that may damage, impair, or prevent PacketSky’s network or the network of our suppliers or any interconnected networks from interconnecting with us and vice versa.

5.7.        You acknowledge that PacketSky reserves the right to suspend the provision of the Service without liability if we or our suppliers have reason to believe that you are abusing the Service or using it unlawfully or for improper purposes. We will provide you with notice and reasons for any such suspension. Additionally, you indemnify PacketSky against any claims by third parties resulting from prohibited or unlawful activities conducted by you while using the Service.

5.8.        You are responsible for ensuring that all your staff are trained in the proper use and operation of the Equipment and the PVP, following applicable manuals and instructions.

5.9.        You agree to comply with any reasonable instructions issued by PacketSky regarding your use of the Service and Equipment necessary for its provision.

5.10.     You agree to provide PacketSky with all information regarding your use of the Services and Equipment upon request.

5.11.     You will designate primary contacts responsible and authorized to interact with us for administration, ordering new products and services, and submitting Support requests. Any changes to the details of your primary contacts must be promptly notified to us.

5.12.     You will provide PacketSky with hardware information regarding any hardware you intend to use with the Service for verification and approval.

5.13.     You must confirm in writing the duration for which you require retention of your data for your individual extensions to comply with legal or regulatory obligations in your industry. Our standard data retention period is 3 (three) months.

5.14.     Upon cancellation of this Agreement, it is your responsibility to download your call recordings within the notice period, as this data will no longer be available once your account is cancelled and removed from our system.

5.15.     You agree to ensure suitable connectivity is in place for clear voice transmission, acknowledging that using Wi-Fi or sharing voice and data over a single connection without quality of service for voice traffic may affect call quality. PacketSky cannot guarantee quality of voice services when the service is used over a connectivity service provided by third party service provider.

5.16.     By subscribing to PacketSky’s services, you consent to receiving updates related to our business and services, including system and service reports. Marketing materials may also be included.

5.17.     If you install or enable Third-Party Applications for use with our Service, you acknowledge that we may allow providers of those applications to access Your Data as required for interoperability. PacketSky shall not be responsible for any disclosure, modification, or deletion of Your Data resulting from such access by Third-Party Application providers.

5.18.     You are solely responsible for all activities on your account, including the content and associated data, and are required to keep your account details safe, refraining from sharing them with anyone. You must take all commercially reasonable efforts to prevent unauthorized access to, or use of, the PacketSky Service, promptly notifying PacketSky of any unauthorized activity.

6. Charges and Payment

6.1.        Fees for the Service and Equipment (if any) are detailed in the quotation accepted by you upon requesting our Service or Equipment.

6.2.        Extension and other services fees are invoiced in advance. Services provided for part of a month will be charged on a pro-rata basis.

6.3.        Call charges are invoiced in arrears, covering a usage period of the 23rd of a month to the 22nd of the following month.

6.4.        Any invoice for charges shall be due on the date of issue of the invoice and shall be paid by the Customer within 7 days from the date of issue of the invoice.

6.5.        Interest shall accrue on any overdue invoice from the due date until payment (whether before or after judgement) at the ABSA Bank Prime Rate plus 5% (five percent).

6.6.        All Charges or other sums which may from time to time be due, owing or incurred to PacketSky are stated exclusive of value added tax and any similar sales tax, levy or duty which shall be payable by the Customer and invoiced by PacketSky at the then prevailing rate when the Service is provided.

6.7.        The Customer shall pay invoices by means of a monthly debit order or Electronic Fund Transfer (“EFT”). If the customer prefers to pay by means of EFT, it will be the responsibility of the costumer to use the correct customer reference as indicated on the invoice. The use of incorrect customer reference will result in incorrect allocations which may result in the suspension of services.

6.8.        PacketSky’s invoices are considered correct unless disputed or queried within 30 (thirty) days of receipt. Disputes or queries must be submitted in writing, fully documenting the basis of the claim and providing sufficient evidence and documentation to support it. You remain liable for all undisputed amounts.

6.9.        Payments must be made in full, with no deduction permitted unless agreed in writing by PacketSky. Disputes regarding payments will be resolved in good faith, with you remaining liable for all amounts due until resolution.

6.10.     International payments are accepted, with all transaction fees including foreign exchange being your liability. Transaction fees will be allocated to your account once the funds have reflected in our bank account.

6.11.     PacketSky reserves the right to change the costs of its Services with 30 (thirty) days’ notice, except for service charges based on foreign exchange, which may change without notice.

6.12.     Charges for additional services will be invoiced at PacketSky’s standard service rates.

6.13.     Demo equipment provided to you remains the property of PacketSky and must be returned upon expiry of the Demo period. Failure to do so will result in the equipment

6.14.     being charged to your account at the full retail price, with returned demo equipment expected to be in the same condition as provided, fair wear and tear excepted.

6.15.     An extension activation fee applies to all new extensions, covering complete setup and routing of the extension.

6.16.     Call rates are determined by Third-Party providers and are therefore subject to change without notice.

7. Credits and Deposits

7.1.        You authorize PacketSky to conduct reasonable credit checks and searches to verify your information and establish your creditworthiness, agreeing to provide all documents reasonably required by PacketSky for credit checks, compliant with PoPIA.

7.2.        We will set a calling credit limit for you by agreement and may require a deposit. If you reach or exceed the calling credit limit at any time, your outbound calling services will be automatically suspended until additional deposit or security is provided. Temporary credit limit increases may be provided at our discretion upon your request, with liability for call charges incurred during such temporary increases.

7.3.        You must provide confirmation of your bank account, with any refunds owing to you paid into the confirmed account. You must notify us of any changes to your bank account details.

8. Allocated Telephone Numbers

8.1.        You have the right to port your number/s in compliance with the regulations of any applicable regulator or authority, such as ICASA.

8.2.        You are prohibited from using a number in any geographical area other than the area to which the number is assigned.

8.3.        The rights in geographic-specific numbers from the national numbering range (e.g., 021 or 031) will be deemed to belong to you in accordance with ICASA regulations and may be ported prior to termination of this Agreement.

8.4.        Calls using 086 or international numbers as their calling line identify (“CLI”) when dialing to local numbers will be blocked as required by ICASA.

9. Geographic Number Porting

9.1.        We facilitate geographic number porting from fixed-line number operators, as well as their registered service providers and electronic communications network services (“ECNS”) licensees under the ECA. This porting process can take between 7 to 21 days to complete, depending on the systems and processes of the Number Portability Company and your current service provider.

9.2.        Due to the critical nature of porting telephone numbers, it is essential to test your ported numbers from all networks to identify any issues. Any issues arising after porting must be reported to PacketSky promptly.

9.3.        It is your responsibility to cancel all services no longer required with your current provider. PacketSky will not be liable for any charges incurred from your current provider due to services not being cancelled. We cannot cancel any services on your behalf or advise on which services to cancel. Cancellation of services occurs between you and your current provider.

9.4.        Services should only be cancelled with your current service provider once your number(s) have ported to PacketSky and have been tested. Cancelling your services before the porting process has taken place may result in the loss of your number(s).

10. Breach

10.1.     Either party may terminate this Agreement by providing ten (10) days’ written notice to the other party, identifying the nature of the breach, unless the party receiving the notice remedies the breach within the specified period.

10.2.     Upon termination, you must settle all outstanding payments for services rendered and expenses incurred by you prior to the termination date, whether or not invoiced by PacketSky at that time.

10.3.     Upon termination of this Agreement, you must return all Demo equipment to us in the same condition as provided, except for fair wear and tear.

11. Limitation of Liability

11.1.     PacketSky will not be liable to you, your employees, agents, subcontractors, or any third party for any consequential, indirect, special, or incidental loss or damage arising from any cause.

11.2.     This includes, but is not limited to, loss of property, profit, business, goodwill, revenue, or reputation, or any costs, claims, or demands whether based on breach of warranty, breach of contract, misrepresentation, negligence, strict liability, or otherwise, whether asserted against PacketSky or against you by any third party.

11.3.     PacketSky relies on third-party providers to deliver its services. To the extent permitted by law, you agree not to hold third-party service providers liable for any consequential losses arising from their acts or omissions.

11.4.     Your exclusive remedy for any claim arising directly and solely out of this Agreement is a refund of the Service Fees paid to PacketSky by you in the six (6) months preceding the event giving rise to the claim.

12. Fraudulent Activity

12.1.     The customer agrees not to engage in any fraudulent or unauthorized activity related to the voice services provided by PacketSky. This includes, but is not limited to, making unauthorized calls, spoofing caller ID information, or using the services for any illegal or unethical purposes.

12.2.     The customer shall be solely responsible for all charges incurred because of fraudulent activity on their account, including but not limited to unauthorized calls made from their voice extension or number, whether by the customer or a third-party.

12.3.     In the event of suspected fraudulent activity, the customer agrees to promptly notify PacketSky and cooperate fully in any investigation. Failure to report such activity may result in liability for associated charges.

12.4.     PacketSky reserves the right to suspend or terminate voice services immediately upon detection of fraudulent activity or suspicion thereof. In such cases, PacketSky shall not be liable for any damages or losses incurred by the customer.

12.5.     The customer agrees to indemnify and hold PacketSky harmless against any claims, damages, or losses arising from or related to fraudulent activity conducted using the voice services provided by PacketSky.

12.6.     PacketSky may implement security measures to detect and prevent fraudulent activity, including but not limited to call monitoring, usage analysis, and IP address tracking. The customer agrees to cooperate with such measures and provide any necessary assistance or information as requested by PacketSky.

12.7.     PacketSky reserves the right to take legal action against any individual or entity engaged in fraudulent activity related to the voice services provided by PacketSky. This may include pursuing civil remedies and/or cooperating with law enforcement authorities.

13. General Rights and Obligations

13.1.     Neither you nor PacketSky are obligated to comply with any express or implied terms, conditions, undertakings, representations, warranties, or promises not documented in this Agreement.

13.2.     This Agreement supersedes any previous arrangements or understandings between the parties.

13.3.     We may modify or amend this Agreement with immediate effect by sending an email notice to you. Disputes regarding updated terms must be submitted in writing within seven (7) days, after which updated terms will be deemed accepted.

13.4.     Performance under this Agreement may be interrupted by “Force Majeure” events, including those beyond the parties’ control. If either party cannot fulfill obligations due to “Force Majeure,” they must notify the other party within five (5) days. If the situation persists for more than thirty (30) days, the other party may terminate the Agreement.

13.5.     Disputes under this Agreement must be notified in writing and resolved in good faith within fourteen (14) days. Unresolved disputes will be referred to mediation, and if necessary, to arbitration.

13.6.     If PacketSky initiates legal proceedings to enforce payments owed by you, you will be responsible for all associated costs.

13.7.     Neither party will waive any rights under this Agreement by not immediately enforcing them.

13.8.     You agree to accept notices and legal processes at the address indicated in this Agreement.

13.9.     PacketSky will keep all personal information obtained about you confidential and use it only for providing services, conducting necessary credit checks, debt recovery, internal administrative purposes, legitimate business requirements, and as permissible under PoPIA.

13.10.   You agree that PacketSky may reference our service for case studies, awards submissions, marketing materials, and other promotional activities.

13.11.   Upon cancellation of this Agreement, you will remain liable for contractual Third-Party service charges entered into on your behalf by PacketSky.

13.12.   If any part of this Agreement becomes illegal, invalid, or unenforceable, it will not affect the validity or enforceability of the remaining parts under the law of any other jurisdiction.

13.13.   PacketSky’s address for all purposes under this Agreement is Spaces Broadacres, Leslie Road, Fourways, Johannesburg, Gauteng, 2191.

13.14.   South African law and courts govern this Agreement.

14. Customer Primary Contacts

14.1.     These contacts, provided by you, are responsible and authorized to interact with PacketSky. To grant them PVP Administrator Logins, include them when completing the PBX setup form provided by our Voice Department during onboarding. You must specify in your Onboarding Form which contacts are authorized to place orders or request changes to your account information. Notify us promptly of any changes to your contacts’ details.

15. Service Level Agreement

15.1.     Scope of Service

15.1.1. We and/or our third party service providers will: a. Maintain the backend server environment and systems. b. Monitor servers and processes. c. Host the platform in a secure data centre environment. d. Provide remote support. Respond to service-related queries during business hours Monday to Friday (08:00-17:00). Provide after-hours support between 17:00 to 20:00 on business days and limited support on weekends (09:00 to 15:00), exclusively for Emergency Situations. Non-emergency support may be declined or provided at standard hourly rates.

15.2.     Service Uptime

15.2.1. PacketSky has implemented site redundancy and will to the best of its ability ensure all systems are operational and functioning as expected.

15.2.2. At minimum 7 days’ notice will be provided for any core related changes and emergency changes will be the performed on the same day with prior notice to customers via email.(Note: Exclusions apply, see below.)

15.3.     Exclusions

15.3.1. Circumstances beyond PacketSky’s reasonable control, including telecommunication system unavailability, power system failure, Third-Party failures, or changes to the working environment, are excluded.

15.3.2. Third-Party telecommunications or network failures are not covered.

15.3.3. Customer equipment failures, scheduled or emergency maintenance are excluded.

15.3.4. Non-related repairs, updates and patch management, and responsibility for Approved Hardware and Suitable Connectivity are excluded.

15.3.5. PacketSky is not responsible for network-related issues or connectivity problems.

15.3.6. Rebates for Downtime caused by factors outside PacketSky’s control or customer equipment are not applicable.

15.3.7. Change Management is excluded from the service and offered at an additional cost.

16. Account Updates

16.1.     All account updates should be requested via a ticket on the Customer Portal or via email to voice@packetsky.com.

17. Customer Support

17.1.     PacketSky will respond to service-related queries during business hours Monday to Friday between 08:00-17:00, after-hours support between 17:00 to 20:00 on business days and limited support on weekends and public holidays (09:00 to 15:00). Emergency After-Hours support may be declined or provided at standard hourly rates.

17.2.     Customers requiring assistance in making changes to their PBX settings via the PacketSky Voice Portals:

17.2.1. Raise a ticket on the Customer Portal or send an email to voice@packetsky.com, or

17.2.2. Refer to the solution library available at https://www.packetsky.com/knowledge-base.

17.2.3. Note that customer support does not include PacketSky staff implementing changes for a customer.

17.2.4. Support may be given using TeamViewer or Shared Screens for easier guidance.

18. Change Requests

18.1.     Requests to make changes to your PBX that you can do yourself using the PacketSky Voice Portals and have no billing implication can be made.

18.2.     Customers are provided with a support library of articles. Additional training sessions can be arranged if required.

19. Change Management

19.1.     Clients are provided with a 1-month settling period from activation for approved change requests without financial implication within the system’s capabilities.

19.2.     After the settling period, customers requiring PacketSky to complete change requests on their behalf must request change management service via the Customer Portal or via email to voice@packetsky.com. Changes after the initial period will be charged based on standard fees or quotations provided.

19.3.     Change requests are not included in the service due to PoPIA restrictions and the ease with which customers can make changes themselves.

20. Equipment Warranty and Support

20.1.     Details of the Equipment supplied will be recorded in the invoice.

20.2.     Delivery terms are outlined for Equipment supplied.

20.3.     PacketSky warrants that voice phones sold to customers shall be free from defects in materials and workmanship under normal use for a period equal to the lesser of that provided by the manufacturer’s warranty or that provided by PacketSky’s supplier, from the date of purchase. This warranty is non-transferable and covers only the original purchaser.

20.4.        In the event of a defect covered by this warranty, PacketSky’s sole obligation shall be, at its discretion, to repair or replace the defective product. This warranty does not cover damage resulting from misuse, abuse, neglect, unauthorized modifications, accidents, or external factors such as power surges, lightning strikes, or fluctuations in electricity supply.

20.5.         To the maximum extent permitted by law, PacketSky shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the use or inability to use the voice phones, even if PacketSky has been advised of the possibility of such damages.

20.6.         Customers are responsible for properly maintaining and using the voice phones in accordance with the manufacturer’s instructions. Any damage caused by failure to adhere to these instructions shall void the warranty.

20.7.         In the event of a warranty claim, customers must contact PacketSky’s support team to initiate the return and replacement process. Customers may be required to provide proof of purchase and describe the nature of the defect.

20.8.         Customers shall be responsible for all shipping costs associated with returning the defective product to PacketSky for repair or replacement. PacketSky shall cover the cost of shipping the repaired or replacement product back to the customer.

20.9.     PacketSky’s liability under this warranty is limited solely to the repair or replacement of defective products as set forth herein. In no event shall PacketSky’s total liability exceed the purchase price paid by the customer for the defective product.

20.10.   Except as expressly stated herein, PacketSky makes no other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

21. Termination

21.1.     The SLA will automatically terminate if the Agreement is terminated.