Terms and Conditions

The following terms and conditions include all of SACallback's products and services and any products and services marketed by SACallback.

BY OPENING AN ACCOUNT WITH SACALLBACK, A CUSTOMER AGREES THAT THEY HAVE READ AND AGREE WITH THESE TERMS AND CONDITIONS.

1. Interpretation

1.1 The SUPPLIER shall mean Interactive Media Technologies, a company duly incorporated in the United States of America, herein represented by SACallback cc, a company duly registered in accordance with the laws of the Republic of South Africa having registration number 2004/009683/23.
1.2 The CUSTOMER shall mean the person or entity described on the application form.
1.3 The SACALLBACK SERVICE shall mean a foreign based and operated international telecommunication service, which the SUPPLIER makes available to the CUSTOMER for the TARIFF.
1.4 The TARIFF shall mean the amounts payable for the utilisation of the SACALLBACK SERVICE expressed in the currency as published in the TARIFF from time to time and may be requested telephonically or in writing from SACallback cc upon the date that the services are utilised.

2. Scope of agreement

The CUSTOMER hereby enters into an agreement with the SUPPLIER to supply the SACALLBACK SERVICE for the consideration as published in the TARIFF from time to time.

3. Period of the agreement

This agreement shall commence on the date the SUPPLIER accepts the Customer's application to subscribe to the SACALLBACK SERVICE contained overleaf, alternatively the date upon which the CUSTOMER first utilises the SACALLBACK SERVICE, whichever shall be the earlier, and shall continue for an indefinite period. Notwithstanding the above either party shall be entitled to terminate this agreement forthwith upon written notice. The SUPPLIER shall be entitled to terminate this agreement in any of the events described in term 7 hereunder.

4. Payment and Billing

4.1 In consideration for the SACALLBACK SERVICE the CUSTOMER undertakes to pay to the SUPPLIER the amount, in the currency, stipulated from time to time in the TARIFF applicable upon the date the service was utilised, which amounts shall become due upon the date the service is utilised.
4.2 All amounts for the SACALLBACK SERVICE shall be paid by bank deposit, credit card or direct debit order, unless agreement to the contrary is given in writing to the CUSTOMER by the SUPPLIER, and the CUSTOMER`s signature on the application from shall be deemed to be the requisite authority authorising the SUPPLIER and SACallback cc to make such deductions from the bank account, details of which are reflected overleaf.
4.3 All queries concerning invoiced or debited amounts must be brought to the attention of the SUPPLIER by the CUSTOMER within 14 days of date of invoice or date of debit, failing which the debited or invoiced amounts will be deemed to be correct.
4.4 In the event that the parties reach agreement as to payment in any other manner, payment will be made within 14 (fourteen) days from the date of invoice.
4.5 Any amount not paid on due date shall bear interest at the rate of 1,5% per month compounded on a daily basis.
4.6 The consideration as expressed in the TARIFF does not include VAT. In the event that VAT does become payable by or on behalf of the SUPPLIER, the CUSTOMER agrees and undertakes to pay VAT in addition to the amount stipulated as per the TARIFF at the applicable rate from time to time.

5. Customer Obligations

5.1 The CUSTOMER undertakes not to use or permit the use of the SACALLBACK SERVICE for any unlawful immoral or improper purpose.
5.2 The CUSTOMER undertakes not to act or omit to act in such a way that would bring damage or injury to any person or to the telecommunication services in use.
5.3 The CUSTOMER agrees to conform to generally accepted telecommunications etiquette, which includes but is not limited to the following guidelines:
- refraining from transmitting any message or information which is illegal, offensive, threatening, abusive, harassing, harmful or hateful
- refraining from transmitting any message or information that may be in violation of intellectual property or personality rights of others.

6. Indemnity

The CUSTOMER hereby indemnifies and holds the SUPPLIER or any other person free from liability for loss or damage of whatever nature and howsoever arising from the CUSTOMER`s use of the SACALLBACK SERVICE and/or failure to perform his obligations in terms of this agreement, including but not limited to his failure to comply with the above guidelines. Furthermore the SUPPLIER is indemnified and held free from any liability in respect of any loss or damage arising from any circumstance beyond the reasonable control of the SUPPLIER or any circumstance as set out under 7.1 of this agreement.

7. Termination/Suspension of Services

7.1 SACALLBACK SERVICES may at the discretion of the SUPPLIER be terminated or suspended
- if the network suppliers are unable to provide services
- if payment of the charges is not completed by the due date
- during any technical failure, modification or change to the services or the service equipment
- if the CUSTOMER fails to comply with any of the terms and conditions contained herein
- if the CUSTOMER does not make use of the SACALLBACK SERVICEs for a minimum period of 60 days without prior announcement to the SUPPLIER
7.2 Should the CUSTOMER be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms of this agreement, the SUPPLIER shall be entitled to claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due.

8. General

8.1 This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection therewith shall be determined in accordance with the laws of the Republic of South Africa.
8.2 The CUSTOMER hereby consents to the jurisdiction of the Magistrates Court in the Republic of South Africa as the case may be having jurisdiction over his/her/its person in respect of all matters relating to this agreement, notwithstanding that the claim or value of the matter in dispute might otherwise exceed the jurisdiction of such a Court in respect of the causes of action.
8.3 The CUSTOMER chooses the physical address supplied on the application from as his/her/its domicilium citandi et executandi for the purposes of giving any notice, the serving of any Process or for any other purpose arising from this agreement.
8.4 No alteration, variation or modification of this agreement, excluding only the TARIFF, shall be of any force or effect unless reduced to writing and signed by all parties to the agreement or their duly authorised representatives.