Subscriber Terms

CoreTalk / Subscriber Terms

CoreTalk Contract Terms & Conditions

PART 1: PROVISION OF NETWORK SERVICES.

This Contract is an annexure to the Subscriber Contract Applicatio Form.

1. In this Contract, unless the context clearly shows a different intention, the words defined below will have the meanings given to them, and similar words or expressions will have corresponding similar meanings:-

  • 1.1. “The Act” means The Consumer Protection Act, Act no 68 of 2008, and any Regulations pertaining thereto
  • 1.2. “Contract” means this subscriber contract between you and Coretalk, confirming the legal terms that govern how and when Coretalk will provide Network Services and usage of the Software.
  • 1.3. “Charges” means the SIM Card charge, Connection Charge, Usage Charges and any other charges relating to the Network Services, provided by Coretalk to you, as detailed in the Price List from time to time;
  • 1.4. “Connection Charge” means the charge to be paid by you to Coretalk in return for activating your SIM Card for use on the Network;
  • 1.5. “Coretalk” means Coretalk (Pty) Ltd, Registration no 2002/000810/07 with principal place of business at 44 B Old Kilcullen Road, Bryanston, Johannesburg, 2021;
  • 1.6. “Coretalk’s Premises” means the offices of Coretalk at the address above;
  • 1.7. “Deactivation” means the permanent disenabling of a SIM Card from the Network, so that it is permanently incapable of being used or operated on the Network.
  • 1.8. “GSM” means Global System for Mobile Communications as defined in the European Technical Standards Institute structure of specifications from time to time;
  • 1.9. “Contract Period” means the time period chosen by you and recorded in the Coretalk Consumer Contract Application Form which will start from the Commencement Date as set out in the first invoice that Coretalk sends to You after Activation;
  • 1.10. “Mobile Device” means a GSM Terminal and its accessories that can be used by you to send and receive messages that are carried via the Network;
  • 1.11. “Mobile Number” means the telephone number that is allocated by Coretalk to you and programmed into the SIM Card supplied to you by Coretalk;
  • 1.12. “a Month” will mean a time period that starts at 0h00 on a particular date (determined by Coretalk from time to time) of a calendar month and will carry on until 23h59.59 on the day before that particular date in the following calendar month;
  • 1.13. “Network” means the PLMN (“Public Land Mobile Network”) cellular telephony system operated by the Operator in South Africa;
  • 1.14. “Network Services” means the GSM Telecommunications network services and any other related services made accessible to you by Coretalk in terms of this Contract;
  • 1.15. “Operator” means Mobile Telephone Networks (Proprietary) Limited, its successors or assignees or any other licensed cellular operator in South Africa which has granted Coretalk a sub-licence to make the Network Services available to you;
  • 1.16. “Order” means your application to Coretalk for the provision of the Software, Mobile Device/s, SIM Cards and/or use of the Network Services;
  • 1.17. “Price List” means the list on which the Coretalk’s Charges appear. The Price List may be amended by Coretalk from time to time and is available on request from Coretalk;
  • 1.18. “Prime Rate” means a rate of interest per annum which is equal to First National Bank’s published minimum lending overdraft rate of interest per annum, compounded monthly in arrears and charged by First National Bank on the unsecured overdrawn current accounts of its most favoured corporate clients in the private sector from time to time. In the case of a dispute as to the rate so payable the rate will be certified by any manager or assistant manager of the First National Bank, whose decision will be final and binding on the parties;
  • 1.19.“Regulatory Authority” means the Independent Communications Authority of South Africa (“ICASA”), or any successor thereof;
  • 1.20. “SIM Card” means a Subscriber Identity Module Card that is supplied to you by Coretalk as part of the Package Option you choose. When it is activated by Coretalk, and used together with a GSM compatible Mobile Device, it provides you with access to the Network Services;
  • 1.21. “Software” means the Coretalk computer software package and all its functionalities;
  • 1.22. “Subscriber” or “You” means that person whose details appear on the Subscriber Contract Application Form as “Subscriber”, or their successors or authorised assignees;
  • 1.23. “Suspension” or “to suspend” means to temporarily disenable a SIM Card from the Network, so that it is incapable of operating on the Network until the suspension is lifted by Coretalk;
  • 1.24. “Usage Charges” means the Charges or Value Added Service Charges, charged by Coretalk to you at the rates published in the Price List, which may be changed from time to time by Coretalk;
  • 1.25. “Value Added Services” means certain services provided to you by Coretalk, which Coretalk may have decided to call Value Added Services from time to time, which depend on the terms of the various Package Options;
  • 1.26. “Writing” or “Written” may include SMS (“Short Message service” via Mobile Device) only when it is sent from Coretalk to you. It also includes an e-mail or voice call recorded by an official Coretalk call centre.

The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.

PART 2: CONTRACT STARTING DATE AND CANCELLATION

  • 2.1. This Contract will start on the date of Activation of a SIM Card issued to you by Coretalk (“commencement date”) and will, subject to the further provisions of this Contract, continue for the Contract Period. The contract will automatically continue on a monthly basis, unless You direct Coretalk in writing to terminate the Contract.
  • 2.2. This Contract can be cancelled by You, if You are a natural person, at any time by giving Coretalk at least 20 (twenty) business days notice of the cancellation in writing.

PART 3: SUPPLY AND INSTALLATION OF SIM CARDS AND NETWORK SERVICES

  • 3.1. The Order that you place on Coretalk depends on the normal credit-vetting practices of Coretalk and may be approved or rejected by Coretalk, depending on the outcome of the credit-vetting. If Coretalk does not accept the Order, it will notify you and give reasons for its decision.
  • 3.2. Coretalk will make every commercially reasonable effort to promptly comply with any supply and/or delivery requirements recorded in the Order, but will not be liable to you or to any other person if the supply and/or delivery is delayed or cancelled, for whatever reason.
  • 3.3. You shall allow Coretalk, or its approved representative, to carry out such work on the system as is necessary to effect installation and You indemnify Coretalk, its employees, agents or representatives against all damages incurred, as well as any claims of any nature that you may have against Coretalk as a result thereof.
  • 3.4. Coretalk undertakes to give compulsory training for a period of one hour after installation. Should further training be required, You will request same from Coretalk whose standard rates will apply.
  • 3.5. You shall be entitled within 7 days from installation to request Coretalk to remedy any technical problems which service will be rendered free of charge. Thereafter, standard rates will apply.
  • 3.6. By law, if a SIM Card is lost, stolen or damaged, you are required to immediately notify:
    • 3.6.1 The South African Police Services in writing. You will also immediately notify Coretalk and request suspension of the SIM Card. Until your request is received by Coretalk, you will remain liable for all costs and Charges relating to that SIM Card.
    • 3.6.2 You may apply to Coretalk for a replacement SIM Card (“SIM swap”). Coretalk may require you to pay a reasonable charge for the SIM swap process and also for the new SIM Card. Any loss, theft or damage to a SIM Card or a SIM swap and/or the allocation of a new Mobile Number as a result will not be a cancellation of this Contract.
  • 3.7. You hereby warrant that you:-
    • 3.7.1 will not use nor allow the Network Services to be used for any improper, immoral or unlawful purpose, nor in any way that may cause injury or damage to persons or property or an impairment or interruption to the Network Services;
    • 3.7.2 will only use Mobile Devices approved by the Regulatory Authority together with the SIM Card on the Network, and will comply will all relevant legislation and regulations, as well as all lawful directives given by Coretalk relating to the use of Mobile Devices, Network Services and/or SIM Cards;
    • 3.7.3 recognise that no right, title or interest in the Software vests in you.
    • 3.7.4 will not, and will not allow any other person, to reverse engineer, decompile, modify or tamper with the Software.
  • 3.8. All Value Added Services depend on the discretion of Coretalk and Coretalk may withdraw them at any time on notice to you. If Coretalk withdraws any Value Added Services which has a Monthly Service Charge, then no further Monthly Service Charge will be charged to you after the withdrawal. When you subscribe to a Package Option that includes free Value Added Services, Coretalk will be allowed, on notice to you, to change, withdraw or substitute any Value Added Service, without reducing any of the Monthly Service Charges or without refunding you because that Value Added Service is free.

PART 4: CHARGES

  • 4.1. You will pay CoreTalk for all the Charges shown on your monthly invoice, for access to the Network, supply of the Network Services, SIM Cards, the Software and any other products Network Services during that month.
  • 4.2. CoreTalk may change any Charges, which changes will be effective from the date stated in a written notice to you.
  • 4.3. Unless CoreTalk agrees otherwise in writing, you will pay CoreTalk, without deducting any amounts for any reason:
    • 4.3.1 for the supply and delivery of Mobile Device/s, SIM Card/s and the use of the Software in full, on delivery and presentation of an invoice;
    • 4.3.2 for the Monthly Service Charges monthly in advance, and all other Charges, monthly in arrears, in full, within 14 (Fourteen) days from date of the bill sent to you by CoreTalk.
    • 4.3.3 If payment is made by you via a debit order, other electronic means or any other intermediary, your bankers or other intermediaries will act as your agents. You will be responsible for the payment until it has been received by CoreTalk at CoreTalk’s Premises or by the bankers of CoreTalk.
  • 4.4. If CoreTalk requires you to pay by debit order, you will commit a breach of this Contract if you:-
    • 4.4.1 cancel the debit order without getting the prior written consent of CoreTalk; or
    • 4.4.2 change your banking details for the debit order, without giving CoreTalk prior written notice of the change and giving CoreTalk your new banking details.
  • 4.5. CoreTalk will send a monthly statement to you at the address you have given in the Subscriber Contract Application Form or in writing to CoreTalk. It will be your duty to check the statement to make sure that it is correct. Unless you raise a query about your statement within 10 days from the date of the statement, it will be deemed to be correct.
    • 4.5.1 To the extent allowed by law, in addition to the other Charges and amounts payable by you, if You have defaulted on payment You will also pay CoreTalk:
      • 4.5.1.1 a debit order to return fee of R11.40 (incl. VAT);
      • 4.5.1.2 interest at the Prime Rate on outstanding amounts, from due date until the date that You make payment.
    • 4.5.2 CoreTalk will be required to pay legal costs on the scale as between attorney and own client reasonably incurred by you if you take successful legal steps against CoreTalk relating to CoreTalk’s breach of this Contract. You will be required to pay legal costs on the scale between attorney and own client reasonably incurred by Coretalk if CoreTalk takes successful legal steps against you relating to your breach of this Contract. You will also be required to pay collection costs reasonably incurred by CoreTalk for collecting any amounts from You which are owed to CoreTalk by You.
  • 4.6. All overdue amounts shall bear interest at the Prime Rate.
  • 4.7. In the event that a monthly debit order fails for any reason, You instruct and authorise CoreTalk to reprocess such debit order within 7 days.

PART 5: SUSPENSION OF ACCESS TO NETWORK SERVICES

  • 5.1. CoreTalk may at any time, on notice to you, suspend your access to the Network Services if:-
    • 5.1.1 any modification, maintenance or remedial work must be undertaken in relation to the Network or the Network Services; or
    • 5.1.2 you breach any term of this Contract, including if you fail to give to CoreTalk all necessary documents stated on the Subscriber Contract Application Form of if you do not pay CoreTalk any amount owing on due date; or
    • 5.1.3 you at any time exceed the internal limit of service that CoreTalk may set and may notify you of, from time to time.
  • 5.2. If you request a suspension or deactivation to be reversed, CoreTalk may require you to pay a lift suspension charge of R75.00 (excluding VAT) to lift a suspension after you have been suspended, or a reconnection Charge of R95.00 (excluding VAT) for reconnecting you to the Network after you have been deactivated.
  • 5.3. Subject to the provisions of the Consumer Protection Act, and to the extent allowed by any other applicable law, if Your access to the Network Services is suspended, You will still be liable for the Monthly Services Charges during the time of suspension, unless CoreTalk agrees in writing not to charge You. CoreTalk will not withhold its agreement unreasonably.

PART 6: LIMITATION OF LIABILITY

  • 6.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law, CoreTalk will not be liable to You or to any other person for any loss or damage suffered (whether it is direct or indirect):
    • 6.1.1 if CoreTalk does not supply or deliver any Mobile Device or SIM Card/s on the requested date or time; or
    • 6.1.2 If the Network Services are interrupted, suspended, or cancelled, for whatever reason; or
    • 6.1.3 If CoreTalk does not suspend the provision of the Network Services to You after You have specifically requested CoreTalk to do so; or
    • 6.1.4 if the loss or damage was caused by any negligent act or failure to act by CoreTalk, its employees or agents; or
    • 6.1.5 as a result of the use of any Mobile Device supplied to You by CoreTalk relating to this Contract.
  • 6.2 Clause 6.1 does not limit or exclude any warranties or obligations which are implied into this Contract by the Consumer Protection Act (to the extent applicable) or which CoreTalk gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  • 6.3 Clause 6.1 does not limit or exempt CoreTalk from liability for any loss directly or indirectly attributable to the gross negligence of CoreTalk or any person acting for or controlled by CoreTalk to the extent that the law does not allow this.

PART 7: BREACH

  • 7.1 Without limiting any of CoreTalk’s other remedies and rights against You, this Contract may be cancelled by CoreTalk immediately on written notice to You if You are in breach of this Contract (which may include, but is not limited to, where You fail to pay any amount to CoreTalk on due date) and You have failed to remedy that breach within 20 (twenty) business days after CoreTalk has given You notice of such breach.
  • 7.2 You agree and consent in terms of Section 45 of the Magistrate’s Court Act, No 32 of 1944, as amended, to the jurisdiction of the Magistrate’s Court in relation to any court proceedings instituted against you relating to this Contract, CoreTalk, in its discretion will still be entitled to institute any court proceedings in any division of the High Court of South Africa with competent jurisdiction.
  • 7.3 CoreTalk will be entitled immediately on notice to you, to cancel this Contract if you are sequestrated, liquidated, or placed under judicial management, whether provisionally or finally, and whether voluntarily or compulsory.

PART 8: GENERAL

  • 8.1. Unless stated otherwise, all prices and Charges in this Contract and any Price List are exclusive of Value Added Tax (“VAT”).
  • 8.2. You may not give up or transfer any of your rights or obligations in this Contract to any other person without CoreTalk’s prior written consent. CoreTalk will notify you in writing if it cedes or transfers its rights and obligations in this Contract.
  • 8.3. CoreTalk may change the terms of this Contract as a result of changes in taxes, laws, regulations, terms of the licence issued by the Operator, terms of any contract between the Operator and CoreTalk, or in any similar circumstances. CoreTalk will notify you of any changes in writing.
  • 8.4. This Contract, together with the Subscriber Contract Application Form is the whole agreement between you and CoreTalk in relation to its subject matter. No other warranties, promises or statements have been made by CoreTalk or an agent of CoreTalk.
  • 8.5. No leniency or extension of time that Coretalk may show to you, will in any way prejudice CoreTalk or prevent CoreTalk from exercising any of its rights.
  • 8.6. This Contract and all matters or disputes relating to it will be governed by the laws of South Africa.
  • 8.7. If any Court finds that any provision of this Contract is not legally enforceable, illegal void or against public policy, then that provision will have no force or effect on the rest of this Contract.
  • 8.8. You give CoreTalk permission to make known your name, address, and personal details to any person, whenever it is reasonably necessary for CoreTalk to properly perform its functions or protect its interests, or to enable the Operator to provide emergency Network Services to you, or directory or repair services and information to Network users generally, or when that information has been requested by any official regulatory or legislative body.
  • 8.9. You and CoreTalk choose the fixed addresses set out in clause 1.7 above and the Subscriber Contract Application Form as the addresses where you or CoreTalk will accept notices or court documents relating to this Contract.
  • 8.10. You and CoreTalk will be entitled to change your fixed address to any other fixed address in South Africa, which is not a post box, by giving written notice to each other. The new fixed address will become that person’s domicilium within 30 (thirty) days of the other person receiving the notice.
  • 8.11. You will be required to give CoreTalk at least 30 (thirty) days’ written notice of any change you wish to make to any Package Options or services in the Subscriber Contract Application Form. You will have to make sure that CoreTalk has received and agreed to that change request; otherwise the change will not be of any force or effect.
  • 8.12. You or CoreTalk may give any notice and any payment to each other:
    • 8.12.1 by hand, by fax or by email during normal business hours of CoreTalk. Unless the opposite is proved, a fax or email will be presumed to have been received 48 (Forty eight) hours after the time that it was sent. You must make sure that you get proof of receipt; or
    • 8.12.2 by prepaid registered post from an address 7 days after the date of posting. You must make sure that you keep proof that you sent the notice.
    • 8.12.3 You may not give a notice to CoreTalk by SMS.
  • 8.13. You acknowledge that the service quality available to you shall be limited to that provided by the Software, modem and the Network, that services may from time to time be adversely affected by physical features such as buildings, underpass, atmospheric conditions and other causes or interferences.
  • 8.14. You undertake not to hold CoreTalk liable for the non availability of network services for this reason.
  • 8.15. You undertake not to copy, alter or redistribute the Software under any circumstances without the prior written approval of CoreTalk.

PART 9: FAULTY MOBILE DEVICES:

  • 9.1. If you discover any fault or defect in the Mobile Device within 7 (seven) days of receiving it, you must return the Mobile Device to CoreTalk immediately in the same condition and packaging as the Mobile Device was delivered to you, along with the proof of purchase (the invoice and proof of delivery waybill documents).
  • 9.2. If you do not return the Mobile Device in the same packaging to CoreTalk, CoreTalk may charge you a packaging fee and you give CoreTalk permission to debit your CoreTalk account with the amount of the cost of repackaging the Mobile Device.
  • 9.3. if CoreTalk examines the Mobile Device and decides that it shows any signs of damage, then CoreTalk will not be obligated to take the Mobile Device back from you, or to replace that Mobile Device. You will not have any claim against CoreTalk in this case.
  • 9.4. If you request CoreTalk to repair the mobile device, all repairs will depend on the manufacturer’s warranty (if there is one). If the warranty does not cover the damage and repair, then you will have to pay for all repair costs as quoted by CoreTalk before the repair will be done.

PART 10: CONSUMER PROTECTION ACT

10.1. To the extent that any goods or services provided under this contract are governed by the Act, no provision of this contract is intended to contravene the applicable provisions of the Act.

PART 11: LIMITATION OF LIABILITY

11.1. CoreTalk will not be liable to you or any other person, for any loss or damage suffered (whether it is direct or indirect) as a result of the use of any Mobile Device supplied to you by CoreTalk relating to this Contract.

PART 12: NON VARIATION

12.1. This contract constitutes the entire agreement between the parties as to the subject matter hereof and no other agreements, representations or warranties other than those set out here in are binding on the parties, unless reduced to writing and signed by both parties.