SIM Management - Terms & Conditions

 

Definitions

In this Agreement, unless inconsistent with or otherwise indicated by the context:

“Agreement” refers to these Terms and Conditions;

“Applicable Laws” refers to the Laws of Mozambique applicable in the provision of services in this Agreement;

“API” refers to Application Programming Interface;

“ARECOM” refers to the Mozambican Communications Regulatory Authority;

“Intellectual Property Rights” means copyright, patents, registered designs, trademarks (only registered), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as Confidential Information, including in other jurisdictions that grant similar rights;

“Service” refers to the services that we provide through our portal, including the Portal itself, API’s, as well as physical services such as technical support, SIM card supply or any other service offered by us;

“Portal” or “Portals” refers to our website or websites, being www.vm.co.mz, or any other site through which we provide our services such as https://simmanagement.vm.co.mz/ ;

“User” refers to anyone who uses our Service, including purchasers of our goods and general visitors to our Site; “You” or “Customer” refers to you, the person who is entering into this Agreement with Vodacom.

“Vodacom” refer to Vodacom, depending on the territory from which the Service is accessed; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;

“You” or “Costumer” refers to you, the person who is entering into this Agreement with Vodacom.

 

Use of the Service

Customers are prohibited to attempt any violations to the security of Vodacom including, but not limited to an attempt to interfere with the host or network by submitting a virus to the Site, overloading or spamming, forging of TCP/IP packet header or any part of the header information in any email or newsgroup posting or by accessing information not intended for such Customer or logging into a server or account which the Customer is not authorised to access.

 

Our Copyright

All content, trademarks and data on the Sites, including but not limited to text, graphics, icons, links, private information and designs, are the property of or under licence of Vodacom. As such, they are protected by local and international legislation and agreements.

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without obtaining our prior written permission.

 

Trademarks

“SIM Management” is a trademark used by Vodacom to uniquely identify our portal, Service, and business. You agree not to use these phrases anywhere without our prior written consent. In addition, you agree not to copy the look and feel of our Site or its design, without our prior written consent.

 

Intellectual Property Rights

All Intellectual Property Rights in the Portals, Services, processes, manuals, and other documentation connected with the Services and/or to Vodacom shall remain at all times the property of Vodacom. Unless specifically authorised in this Agreement or in writing by Vodacom and then only to the extent so authorised, the Customer shall have no right to use Vodacom’s Intellectual Property in any manner whatsoever.

 

Service

1.         Vodacom offers the following Services to its Customers:

1. Monitoring: Customer will manage SIM cards on the platform. SIM balance monitoring and scheduled and ad-hoc recharge services are available for Vodacom network. By loading a SIM into the SIM Management platform, you give permission to Vodacom to access the SIM and related information as supplied by Vodacom network.
2. Recharging: Customer will recharge SIM cards as per your defined recharge rules, recharge instructions via the website or on specific request. Customer will use the recharge rules defined by the Customer when determining whether to recharge a SIM. All recharges will be billed against your pre-funded/post-funded account. Should Vodacom change available recharge options, such as data bundle sizes or pricing, Customer will amend recharge rules to the closest available alternative. Recharges of airtime, data or SMS bundles are charged against the customer’s pre-funded/post-funded account.
3. Reporting: Customer will receive alert via our SIM Management Portal, email or by other means of any failed recharge, recharge not completed because of a business rule failing or when the Customer’s account is depleted. It is the Customer’s responsibility to keep his account in a positive balance. Account balance and spend breakdown may be monitored at any time by the Customer using the SIM Management Site. Vodacom can provide the Customer with an invoice, statement and usage report, detailing all recharges that have taken place on request.
4. SIM Card Supply: Vodacom may supply you with SIM cards, if requested. SIMs may be pre-activated by Vodacom and settings changed as requested by the Customer. The default position is that SIMs are supplied already activated on the network. It is the Customer and not Vodacom’s responsibility to acquaint themselves and understand network conditions and rules, such as SIM expiry, airtime and data expiry and all other network-related conditions of service.
5. SIM Card Registration: It is the Customer’s responsibility to ensure SIMs are registered to comply with current legislation. Vodacom can, on your request, assist with registration of SIMs in your company’s name. It remains your responsibility to comply with all laws or other relevant KYC legislation as well as to comply with any SIM de-registration requirements.
6. Support: Vodacom will provide you with reasonable first-line support via telephone, e-mail or Vodacom’s customer care operations during normal business hours in Mozambique. Vodacom will try and assist with support matters pertaining to the mobile network. The Portal and support services are offered on a best-effort basis.

 

The Price

The price for the services shall be those as listed on the proposal. The previously mentioned prices shall remain fixed. Any price increases shall require the Customer’s prior written consent. Services ordered before an agreed price increase shall be charged at the then prevailing price prior to such increase.

 

Data Privacy Protection

1.         Privacy

1. All and any information or personal data shared under this Agreement or during the use of the Services, shall be processed when permitted by Law and for the specific purpose(s) provided herein;
2. All necessary and adequate measures are implemented to ensure that the information and/or personal data, when stored, processed or transferred, are protected against the non-authorized disclosure or loss and are deleted safely, when requested/required.

 

2.         Personal Data

1. If the performance of the scope of this Agreement requires dealing with personal data of either Party or Individuals, the Parties shall enter into a Vodacom standard agreement for Data Processing (“DPA”), including applicable annexures and carry out such processing in accordance with the terms of the mentioned agreement prior to its signature;
2. Notwithstanding, the processing Party (“Data Processor”), undertakes to, under this Agreement, specify the purpose of the collection of personal data, reveal the identity of the data processor and its posterior use limited to the purposes indicated;
3. The Processor must obtain the consent of the data owner, for the mentioned processing, failing which, Vodacom has the prerogative to refuse to provide the service;
4. All and any data resulting from the provision of services, shall be kept for the legal term required, however, a term for its deletion may be agreed with respective owners;
5. Without prejudice of the previous paragraph, all reports and complementing documents produced by the Parties may be kept by them, as long as the personal data is safely removed/hidden;
6. In case of breach of this clause or the DPA, the breaching Party shall indemnify the other against any costs, complaints, and legal responsibilities arising from such breach.

 

Warranties and Limitations of Liability

1.   Vodacom warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

2.   Vodacom shall not be liable for any indirect or consequential loss or damages, including without limitation, loss of business, data, profits, revenue or anticipated savings howsoever arising, suffered by the Customer or any third party and arising in any way in connection with the Service or this Agreement or the termination of this Agreement or for any liability of the Customer to any third party.

3.   Vodacom provides no warranty that the Services generally available through its Portal shall remain uninterrupted or error-free or that defects in the Service will be corrected.

4.   Vodacom does not warrant that the Service will meet your requirements and, for this purpose, it is specifically recorded that the Service is provided “as is” and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

5.   Vodacom furthermore does not guarantee that all files made available for download through the Service or delivered via email will be free of infection or viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties. Customers are solely responsible for ensuring that sufficient measures are in place to offer relevant protection.

 

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Portal. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of such a claim, we may elect to settle with the party/parties instituting the claim, and you shall be liable for the damages as though we had proceeded to trial.

 

Jurisdiction

Users’ use of the Portal and Services is solely at users’ own risk and subject to all applicable laws governed by Republic of Mozambique. Should Users outside of this jurisdiction access the Portal and Services, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

 

Dispute resolution

In the event of any dispute or difference arising between the parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to the Mozambican Courts of competent jurisdiction.

 

Force Majeure

The Customer agrees that Vodacom will not be responsible for fulfilling its obligations in terms of this Agreement, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, mobile network downtime or technical issues, shortage of materials, or any other event beyond our control.

 

Severability

1.   In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

2.   If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Vodacom shall have the sole right to elect which provision remains in force.

 

Non-Waiver

No indulgence, leniency or extension of time which Vodaccom may give or allow to the Customer in respect of the performance of any obligation hereunder, shall in any way prejudice Vodacom or precludes Vodacom from exercising any of its rights an enforcing the obligations of the Customer in terms of this Agreement.

 

Corruption Terrorism and Money Laundering

1.   The Costumer shall comply with all applicable laws relating to the combating of corruption, money laundering and terrorism (“CMT laws”). Consequently; if Vodacom has reasonable apprehension, held in good faith, that an act prohibited under these laws has occurred either directly or indirectly by the Costumer , then the Costumer shall cooperate in good faith with Vodacom in determining whether such a violation occurred; if Vodacom in good faith determined that the Costumer has failed to meet the requirements set out above or has violated any CMT laws, the Costumer shall be deemed to be in breach of these terms and conditions.

 

Sanctions and Trade control laws and regulations

Applicable to this Agreement are all Trade control laws and regulations (export controls, sanctions and other restrictions on the export of goods, technology, know-how and services.”) and all economic, trade and financial sanctions laws, regulations, embargoes or restrictive measures administered (“Sanctions”) in both cases enacted or enforced by the United Nations, the governments of the United Kingdom, European Union, United States of America and any other relevant country, and Vodacom shall be entitled to terminate this Agreement, should it become subject to either of these laws.

2.   The Costumer shall become fully acquainted with Customer’s Anti-bribery Clause which terms and conditions are available on http://www.vm.co.mz/en/Individual/The-Company/Anti-Bribery-Clause

3.     It is hereby understood by both parties that by signing this Contract and ticking the adjoining Box, the Costumer acknowledges that it has read and agrees with the terms contained in the link above.

4.     In case the Costumer prefers to have a physical copy of the Code of Ethical Purchasing, the Client undertakes to provide same upon request.

 

Code of Ethical Purchasing

1.   The Costumer shall become fully acquainted and comply with Vodacom’s Code of Ethical Purchasing which terms and conditions available on http://www.vm.co.mz/Individual/Sobre-Nos/Etica-e-Compras

2.   It is hereby understood by both parties that by signing this Contract and ticking the adjoining Box, the Customer acknowledges that it has read and agrees with the terms contained in the link above

3.     In case the Customer prefers to have a physical copy of the Code of Ethical Purchasing, the Client undertakes to provide same upon request.

 

Health and Safety

1.     The Customer shall adhere to the Customer’s Occupational Health and Safety procedures and guidelines as published in http://www.vm.co.mz/en/Individual/The-Company/Health-and-Safety

2.     It is hereby understood by both parties that by signing this contract the Customer is fully aware and agrees with the terms of the Occupational Health and Safety as contained in the link above.

3      In case the Customer prefers to have a physical copy of the Occupational Health and Safety, the Client undertakes to provide same upon request.

 

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may, however, assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

E-mail and other Communications

Should you complete a form and e-mail it to Vodacom or complete an online form and submit it, Vodacom will use this information in the normal course of business for the products, services and support you request. The submission of this information to Vodacom is given with your express permission and willingness for the product, service or support.

 

Waiver and Variation

These terms and conditions shall be for the benefit of Vodacom and may be waived by Vodacom in its discretion. We reserve the right to alter or revise these terms and conditions. Such changes will be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

 

Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

 

SIM Management Consent Form

SIM Management is an online Vodacom self-service portal that provides businesses a tool to manage their company SIMs (Prepaid and Hybrid) effectively and design their own recharge packages. Through this service, Vodacom and its Partners may collect and process personal information such as MSISDN, airtime balance and to provide this service properly. Personal information means unique information, which identifies you.

By consenting to sharing this personal information, you will allow Vodacom and its Partners to collect and process your personal data in order to improve our products and services for you, to respond to any questions or concerns you may have about our network, products or services.

We are committed to implementing leading data security safeguards, and we have specialized security teams who constantly review and improve our measures to protect your personal information from unauthorized access, accidental loss, disclosure or destruction.