Paytel  terms and conditions.
   
 
Please note:
Paytel numbers are strictly for business use only.  You may under no circumstance use  a Paytel number solely for residential use. No refunds will be given to customers whose number are suspended due to not following the usage policy.
  1. Paytel standard activation fee is R 360.00 ( without discount coupons)
  2. Paytel customers are eligible for a full  30 day  no obligation free trial during their first 30 days should they signup with the standard signup option
  3. Paytel only pays commissions on calls made to the actual Paytel number and not the calls made directly to the applicable landline (office number).
  4. Paytel has no influence on your existing phone line, switchboard, IVR or calls centre.
  5. Paytel is an in-dependant service and not a Telkom service
  6. Paytel shall use all reasonable endeavors to maintain the service 24 (twenty four) hours per day
    7.1.1. Paytel reserves the right to improve or alter the service as it deems, providing that such changes do not substantially change the nature of the service. Where possible Paytel will provide notice of such changes and allow the customer the flexibility to adapt to the changes made within a reasonable time.
    7.1.2. Paytel may withdraw, terminate or suspend the service to the customer if required to do so by statutory or regulatory authority of the court. Any determination made by Paytel pursuant hereto, shell be without liability of any nature whatsoever and how so ever arising.
    7.2. It is the responsibility of Paytel to do all reasonable endeavors to collect all outstanding amounts from it’s applicable service providers to effect payments according to due dates to the customers.
    7.3. Paytel must provide online access to the Paytel number usage statistics (mores specifically the inbound minutes that has been generated) and entries and billing related to the customer account.  Once the customer has received this billing, they will invoice Paytel accordingly.
    7.4. Where possible Paytel will assist the customer with technical questions, issues, and advice on interconnectivity and may charge reasonable fees for doing so.
    7.5.  Paytel numbers are virtual premium rated numbers that cost R 2.85 to call per minute from any network any time of the day.  VAS rates apply. Free minutes do not apply.
  7. Paytel cannot be held responsible for any loss of profit  or damages of any nature including material bridge
  8. 9.1.  Paytel shall be entitled at any time and with immediate effect to temporarily or permanently suspend the service, or part thereof and/or terminate this agreement, in all cases without liability, in the event that:
  9.   9.2. Any licenses or any permission or authorization necessary for the operation of the service is revoked, temporarily or permanently suspended or;
    9.3. This agreement or anything contemplated hereunder is alleged or determined to be in contravention of any licenses, permissions, authorizations, relevant legislation or the rights of any third party.
    9.4. If the customer is in breach of this agreement.
    9.4.1. It is requested or directed to do so as a result of a determination, adjudication or other decision or requirement of the office of any relevant competent body or authority or order of court.
    9.4.2. Upon expiration or termination of this Agreement for any reason
    9.4.3. The customer shall as soon as is physically possible pay to Paytel all amounts owing, without deduction or set off.
    Paytel cannot be held responsible for any loss of profit  or damages of any nature including material bridgePaytel cannot be held responsible for any loss of profit  or damages of any nature including material bridge

    10.1. This limitation on damages applies to loss and damages of all types, including but not limited to indirect, special, consequential, exemplary, or incidental damages incurred by any person. This limitation on damages applies as well to liability under contract, delict, and any other form of liability claim.

    10.2. Paytel shall not be liable to the customer for any loss of profits, anticipated savings, wasted expenditure, loss of business opportunities or data (whether direct or indirect) or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with this Agreement; and

    10.4. Except in respect of death or personal injury caused by Paytel's negligence or for fraudulent misrepresentation (in which case liability is not excluded or limited) or as otherwise expressly provided in this Agreement and in any event to the maximum extent permitted by applicable law

    10.4.2. Paytel shall not be liable for any technical failure in the service.

    10.4.3. Paytel does not warrant that the service shall be fault free or free of interruptions but is a 100% committed to try and do just that.

    10.4.4. Paytel makes no warranty or representation that the service in whole or in part is permitted under any license, permission, authorization or legislation.

    11. ACKNOWLEDGEMENTS

    11.1. The customer acknowledges and agrees that the operation of the service may depend on factors beyond Paytel's control.


    11.1.1. Paytel will do everything in its ability to prevent changes in rebates, profit declines, and sales declines, however, should there be any changes from rebates earned by Paytel from it's own service providers in South Africa then Paytel may amend such payments to its own discretion.

    12. NO FIDUCIARY RELATIONSHIP

    12.1. The customer is an independent to Paytel and shall not represent itself as having any power to bind Paytel or to assume or to create any obligation or responsibility, express or implied, on behalf of Paytel in terms of this agreement. Nothing contained in this agreement shall be deemed to establish a relationship of principal and agent between Paytel and the customer, or with any of their agents or employees, for any purpose whatsoever. This agreement shall not be construed as constituting the customer and Paytel as partners, or to create any other form of legal association or arrangement which would impose liability upon one party for the act or failure to act of any other party. This agreement merely states the terms, procedures and obligation of both parties to allow the customer become an independent customer of the Paytel number to email product of Paytel under its own label or brand.

    13. SEVERABILITY

    13.1. In the event of any of the provisions or terms of this agreement are found to be unenforceable or void for any reason whatsoever, each provision or term shall be deemed to be severable from the remaining provisions of this agreement, which agreement shall remain in full force and effect but for these terms and conditions.

  10. 15. WARRANTY OF AUTHORITY

    15.1. The customer warrants, represents and undertakes in favor of Paytel that:

    15.1.1. the entry into this Agreement and/or the performance of its obligations under this Agreement does not, and will not:

    15.1.2. contravene any applicable laws; and/or contravene any provision of its memorandum and/or articles of association; and/or contravene, violate, cause a default and/or breach of the terms of, and/or otherwise conflict with any contract, Agreement, indenture, mortgage or other instrument of any kind to which it is a party or by which it may be bound or which is binding upon its assets; (d) all authorizations, consents, approvals, resolutions, licenses, exemptions, filings and registrations which are required, necessary or desirable under all applicable laws to enable it to lawfully enter into, exercise its rights and comply with its obligations under this Agreement have been obtained or effected and are, and will for the duration of this Agreement remain, in full force and effect;

    15.1.5. it shall not do or fail to do anything which may result in the cancellation or revocation or other breach of any provision of Paytel's license or which may result in Paytel being in breach of any applicable law and/or the license; and

    15.1.6. It shall perform all obligations under this Agreement using reasonable care and skill, exercising care and diligence.


    16. NOTICES AND DOMICILIUM

    16.1. The customer chooses as its domicilium citandi et executandi ("domicilium") for the purposes of the giving of any notice, the serving of any process and for any other purpose arising from this agreement at the addresses, emails, telephone  and telefacsimile numbers as set out in the customers My Account section.

    16.3. Any notice given shall be in writing and if

    16.3.1. delivered by email during the normal business hours at the email address  for the time being, shall be presumed, until the contrary is proved by the addressee, to have been received:

    16.3.3. Transmitted by telefacsimile to the telefacsimile address (or email address) for the time being, shall be presumed, until the contrary is proved, to have been received on the first business day after the date of transmission.


    20. RESTRAINT

    20.1. During the term of this Agreement, The customer shall not interfere with the relationships which Paytel has with its suppliers, manufacturers, distributors, wholesalers, sales The customer or other companies with which it conducts business and shall not induce, solicit or hire any employee or sales The customer of Paytel.
    20.2. The customer shall not without the prior consent in writing of Paytel be concerned or interested, either directly or indirectly, in the manufacture, production, importation, sale of advertisement of any goods in the South Africa which are the same as, or similar to, or which, either alone or in conjunction with some other product, perform, or are designed to perform, a simialar function to, or which might otherwise compete or inderfere with the sale of any of the Products.

    22. APPLICATION OF SOUTH AFRICAN LAW

    This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of this agreement shall be governed in all respects by the law of the Republic of south Africa.
  11. Paytel provides no guarantees of any nature
  12. Paytel will to the best of its ability keep service running at all times 24 hours a day 7 days a week
  13. The activation fee of R360. once of does not entitle the customer to ownership of the Paytel number.  It is merely a fee charge by Paytel for setting up and activating the service and diverting the applicable Paytel number to the customers number.   To this extend Paytel will do everything in its power to keep the number allocated to a customer as their individual number for life,  but gives no warrant to this effect and gives no guarantees that this will be possible.
  14. Paytel can cancel your service Paytel number or service at it's own discretion without limitations at any time for what ever reason and no refund shal be given after the 30 day trial has ended.
  15. Paytel  will pay a commission of 30c per incoming minute received on a Paytel number to the owner of the land line  to which the Paytel number is linked.
  16. Payment will be made into the customers registered bank account  only which is visible under that customers My Account or "My Paytel" section.   
  17. Paytel will make available to the customer applicable usage statistics about all incoming calls received on the customers Paytel number within 30 days after the month end in which the applicable number has been called.  
  18. The customer is responsible to invoice Paytel on a monthly bases for the applicable commission earned from the customers  particular Paytel number. Paytel usually pays  after month end 30 days in arrear.
  19. The customer agrees to and promises to at all times follow and adhere to the Paytel Terms of Usage Policy which is updated from time to time and publish on the Paytel website.
  20. It is the customer responsibility to follow up on any changes to the Paytel terms of usage policy and adjust its own usage accordingly.  The customer takes full responsibility for this.
  21. After the customers initial first 6 months the Paytel number has to continually receive no less than 1 hour calls per 3 month.  Should the customers Paytel number receive less calls than 1 hour over a 3 month period, Paytel will give the customer a 30 day notice that the number will become eligible for recycling should the situation not change.   If after a further 30 days there is no change on the number the number will be suspended and made available for recycling.  This number may then be assigned to other customers.
  22. Paytel is a premium rated number charged at R 2.85 per minute.
  23. Paytel number are Virtual numbers which are only allowed to be diverted to business land lines.
  24. When publishing Paytel numbers please follow the following rules.
    • - Advertising material that contains your Paytel number should display cost of the service of R 2.85.
    • - The cost should be displayed in a font size no less that 30% of the font size of the Paytel number.
    •  - Example of advertising  i.e.  Call 083 3492 0293  ( Vas rates apply, No Free minutes)  or  Please call 083 3920 2029 (call charged at R 2,85)
    • - The penalty of not adhering to these guidelines will either be suspension of the relevant number that or retention of revenues.
  25. - Cancelation of the number or refunds must be done or claimed before the 30 day trial has ended. 
    • - Upon signup, the last day of the 30 day trial will be displayed.  The customer needs to ensure that the trial cancelation is made 24 business hours before such date after which the customer will become eligible for full payment of the activation fee. 
    • -To prevent misunderstandings and errors no cancelations will be accepted by email or reply email.  All cancelations has to be done only from your Paytel account.  Click on login on the home page, logon to your account using your logon name and password. In the "My Paytel" section click on "Cancel free Trial"  or "Cancel active number".  This is the only methods that can be used for cancelations.
    • Should payment have failed during the  signup process and should no cancelation have been received during the 30 day trial the customer  will still be eligible to pay for the activation of the Paytel service. 
    • - If Paytel is unable to deduct payment for active numbers (after the thirty day trial has ended) Paytel may suspend the service or reattempt to process payment  any number of times at any time after activation for up to 6 months after the number has become fully active (permanently active).
    • - No Refund will be eligible for numbers which are suspended due to abuse or not following the applicable advertising guidelines
  26. Paytel cannot be held responsible for any damages or losses of any nature what so ever.
  27. Save as otherwise expressly provided in this agreement, should any dispute arise between any of the parties in regard to
    • the interpretation of;
    • the effect of;
    • the parties' respective rights or obligations under;
    • a breach of;
    • the termination of; or
    • any matter arising out of the termination of this Agreement
    that dispute shall be decided by arbitration in the manner set out below.
    •  Any dispute or difference which may arise between Paytel and the customer shall initially be handled by each party's account manager. The parties shall negotiate in good faith to resolve the dispute as promptly as possible. Before termination of contract or breach of contract can take place a written notice must be given to the breaching party and at the party in breach will have 7 days to attempt to resolve the issue.
  28. .1. Paytel shall not be responsible for any breach of warranty, delay or failure in performance under this agreement that results from events beyond it control, including without limitation, such as acts of God, acts of war epidemics, power outages, fire, earthquakes, and other disasters.
    .2. In the event of any delay or failure in performance of Paytel due to any cause arising from or attributable to act, events, non-happenings, omissions, accidents or acts beyond the control of
  29. Paytel ,  Paytel shall be under no liability for loss or injury suffers by the customer as a result thereof
  30. The customer acknowledges that there are many factors within or beyond the control of Paytel that may lead the service to fail, in whole or in part and/or the service to be be withdrawn, terminated or suspended at this may also be done at Paytel's sole  discretion.
  31. Paytel at its sole discretions may cancel, terminate or withdraw the service as a whole or in part to one or all customers.