Opposable Thumbs (Pty) Ltd trading as BuzzBox agrees to provide an online PBX service to the Customer subject to the following terms and conditions:
1.1 BuzzBox has entered into agreements with various companies to provide electronic communications network service (“ECNS”) and electronic communications service (“ECS”) under license. We are authorised to resell these services to yourself.
1.2 This agreement sets out the terms and conditions between BuzzBox and yourself to provide you with any services you have signed up through the registration process of via our online Portal.
- Interpretation and Definitions
In this Agreement, the following terms will have the meanings provided below:
2.1 “Agreement” means the terms and conditions set out in this document and any services signed up to by the customer through the registration process or via the online Portal.
2.2 “Approved Hardware” means your hardware which has been certified and approved for use with BuzzBox’s services.
2.3 “Change Management” means BuzzBox making a change to the settings or scope of the Service (for example a change to PBX settings).
2.4 “Cloud” means the use of remote servers accessible over an internet connection.
2.5 “Downtime” means BuzzBox’s servers are unavailable due to problems with BuzzBox’s systems or hardware (and not due to any third party dependency).
2.6 “Emergency” means the Customer is unable to make use of BuzzBox’s services while using approved hardware and Suitable Connectivity for voice transmission.
2.7 “Equipment” means equipment supplied by BuzzBox to you as requested by yourself for use with the Service as signed . Equipment may, for example, include VoIP hardware, network routers, switches, handsets and modems.
2.5 “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime experienced in a calendar month, divided by the total number of minutes in a calendar month.
2.6 “PBX” means Private Branch Exchange, which is a private telephone network used within a company.
2.7 “Service” means the provision of cloud PBX and voice services, call recording and logging.
2.8 “Service Fees” means the fees charged for using our Service.
2.9 “Suitable Connectivity” means a good quality internet connection with low enough latency, jitter and packet loss for clear voice transmission.
2.10 “Support” means providing assistance by email or telephone and/or diagnosing a problem directly related to the functioning of the Service.
2.11 “Online Portal” means BuzzBox’s proprietary online telephone management system.
- Period of this Agreement
This agreement will commence on the date of signature and will continue until either party terminates the agreement on 30 (thirty) days’ written notice or for breach.
4.1 BuzzBox will provide You with the Service and supply the Equipment (if any has been requested by you). Our Service will be provided in a professional way and in accordance with generally accepted telecommunications industry standards. We will use our best effort to keep the Service available at all times. However, our Services have third party and connectivity dependencies and BuzzBox will not be responsible for any business interruption, loss of use, profit, anticipated profit, contracts, revenues, goodwill, anticipated savings, business information, data or other monetary loss that You may suffer if our Service is not available. It is the Customer’s responsibility to make sure that You have the necessary backup plans in place should our Services not be available at any time.
- Your Undertakings
5.1 You agree that You have assessed your needs and the Service and Equipment selected by You are suitable for your requirements.
5.2 You agree that while using the Services You will comply with all applicable laws and with BuzzBox’s acceptable use policies published on www.buzzboxcloud.co.za.
5.3 You understand that interconnectivity between communication networks is an essential requirement for our Services. As such You agree that You will not do anything (or fail to do something) which may damage, impair or preclude BuzzBox’s network, the network of our suppliers or any interconnected networks.
5.4 You acknowledge that if We or our suppliers have reason to believe that You are abusing the Service or using the Service unlawfully or for an improper purpose then We (or our suppliers) are entitled to suspend the provision of the Service without liability to BuzzBox or our suppliers. If the Service is suspended in terms of this clause, We will give You notice of the suspension and the reasons for the suspension. You indemnify BuzzBox and hold us harmless against any claims by third parties in respect of any prohibited or unlawful activities conducted by You while using the Service.
5.5 You must ensure that all your staff are trained in the proper use and operation of the Equipment and the Online Portal and that they are used in accordance with applicable manuals and instructions.
5.6 You must:
5.6.1 Comply with any instructions issued by BuzzBox regarding your use of the Service and Equipment required for the provision of the Service.
5.6.2 Provide BuzzBox with all information relating to your use of the Services and Equipment that We may reasonably require from time to time.
5.6.3 Provide primary contacts responsible and authorised to interact with us for administration, ordering new products and services, submitting Change Management requests and Support requests. Your primary contact information is set out in the Online Portal and can be changed by yourself at any time.
5.6.4 Provide BuzzBox with all hardware information that You intend to use with the Services for our verification and approval before use with the BuzzBox’s services.
5.7 BuzzBox Provides call recording as a standard feature. You confirm that you and any staff members using the call recording feature comply with all laws and regulations relating to call recording. Additional you confirm that staff members using BuzzBox have been notified that calls are recorded.
6.1 Costs of the Service and Equipment (if any) are available on the website and during the signup process. The Service is accepted by yourself when you complete the registration process or sign up for additional services via the Online Portal.
6.2 Calling costs are calculated from the 1st of the month to the end of the month and by default are paid in advance via topping up your available wallet balance. The Customer may request credit and payment via direct debit on the website at which point calls will be billed for in arrears.
6.3 Service Fees are calculated by calendar month and paid in arrears. If Credit Card is selected as a payment mechanism then the credit card will be credited around the 2ndof each month.
6.4 BuzzBox has the right to change its cost of Service at any time on 30 (thirty) days’ notice.
6.5 Charges for additional services (for example Change Management) will be invoiced separately at BuzzBox’s standard service rates.
- Credit and Deposits
7.1 You authorise BuzzBox to conduct all reasonable credit checks and searches to establish your creditworthiness and You must provide us with all documents reasonably required by us to undertake the necessary credit checks. We undertake that We will comply with all applicable data protection laws when processing your information.
7.2 We may require a deposit or other security to cover any debt that You may owe to us. We may set a calling credit limit for You at our discretion and may amend this from time to time. If You reach or exceed the calling credit limit set by us at any time during the use of the Service, your outbound calling services will be suspended. These services will only be restored when You pay all amounts due to us or top up your wallet using the payment mechanism’s provided in the Online Portal.
7.3 If You do not pay on time for pre-paid services your service will be suspended. Suspended services can be reactivated within 3 (three) months of suspension at no costs. After 3 (three) months of suspension your account will be terminated and all records, data and airtime deleted from record. Any service resumption after the 3 (three) month period will be at the discretion of BuzzBox.
8.1 If You are a “Post-Paid” customer we require you to compete a debit order form on the BuzzBox website. Payments will be made in accordance with the debit order authorisation form. The maximum limit for a debit order is R100,000.00. Should the monthly amount due to us exceed this amount, You must pay us the excess amount by EFT within 5 (five) working days of date of invoice.
8.2 Invoices will be issued at the end of each month.
8.3 BuzzBox’s invoices will be deemed to be correct unless You raise a dispute or query within 45 (forty five) days of receiving it. If You dispute or query an invoice You must submit a written claim for the disputed amount, fully documenting the basis of the claim and with sufficient evidence and documentation to support it. You remain liable to pay all undisputed amounts.
- Allocated Telephone Numbers
9.1 You are entitled to port your number/s in accordance with the rules of any applicable regulator or authority (for example, ICASA).
9.2 You are not permitted to use a number in any geographical area other than the geographical area to which the number is assigned.
9.3 The rights in geographic specific numbers from the national numbering range (for example, 021 or 031) will be deemed to be those of the Customer in accordance with ICASA regulations and may be ported prior to termination of this Agreement.
10.1 Either party may, on giving ten (10) days’ written notice of breach, terminate this Agreement unless the party receiving the notice cures the breach within the ten (10) day period. On termination, You must pay BuzzBox for all Services rendered and expenses incurred by You prior to the date of termination.
- Limitation of Liability
11.1 BuzzBox will not be liable to the Customer, its employees, agents or sub-contractors or any third party for any consequential, indirect, special or incidental loss or damage of whatsoever nature and howsoever arising. This includes but will not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings or any costs, claims or demands whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability, in delict or otherwise, whether asserted against BuzzBox or against the Customer by any third party and whether based on or in relation to this Agreement, any Service or supply of Ancillary Product, the rendering or non-rendering of the Services, withdrawal or suspension, or otherwise.
11.2 BuzzBox depends on third party providers, directly or indirectly, to provide its services. To the extent permitted by law, the Customer agrees not to hold third party service providers liable for damages, losses, costs or expenses for any consequential, incidental or indirect losses or for any loss of profits, business, income or interest, or in respect of any claims by third parties arising from or in connection with any act, omission, neglect or default of a third party provider, or BuzzBox where this is a direct result of the third party provider act or omission, neglect or default.
11.3 Your exclusive remedy for any claim arising out of this Agreement is for BuzzBox to return the Services Fees paid to it by You in the 6 (six) months immediately preceding the event that gave rise to the claim.
- General Rights and Obligations
12.1 Neither the Customer nor BuzzBox are legally obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this Agreement.
12.2 This Agreement replaces any arrangement or understanding held by the parties before the commencement of this Agreement.
12.3 No amendment, addition or consensual cancellation of this Agreement will be binding unless it is recorded in writing and signed by the Customer and BuzzBox.
12.4 If BuzzBox brings legal proceedings against the Customer to enforce payments of amounts owed to it, the Customer will be responsible to pay all costs BuzzBox incurs in collecting the payment.
12.5 Neither party will lose any of its rights under this Agreement if it does not immediately and in every instance insist on them.
12.6 The Customer and BuzzBox agree to accept any notice and legal processes at the addresses indicated on the front page of this Agreement.
12.7 BuzzBox agrees to keep all information it has obtained regarding the Customer confidential and will only use such information for the purposes of providing the Services and conducting the necessary credit checks.