Terms of Use & Conditions

Updated: 1 November 2022

Applicability

These general terms of use and conditions (the “Terms”) apply to every offer made by UKUTEL PTY LTD trading under the name: UKUTEL and to every contract concluded between UKUTEL and a user (the “User”) using the mobile application UKUTEL_App (the “Software”), purchasing UKUTEL Call Credits or with regard to the mobile telecommunication services provided by UKUTEL (the “Services”).

The Terms are provided electronically, in such a way that the User can easily store the Terms on a durable data carrier.

UKUTEL may make changes to these Terms from time to time, and will publish these at https://ukutel.com/terms-of-use/. Changes to these Terms will be effective upon publication. We recommend reviewing the Terms on a regular basis.

By accepting our terms and conditions, you also accept our Privacy Statement and Code Of Conduct as published at https://ukutel.com/cookie-data-and-private-policy/ and https://ukutel.com/code-of-conduct/ respectively.

Changes to the Privacy Statement and Code Of Conduct will be effective when published. We recommend reviewing the Privacy Statement and Code Of Conduct on a regular basis. Our privacy statement is in line with the the Protection of Personal Information Act (POPIA) which was enacted in 2013, commenced on 1 July 2020 and came into operation on 1 July 2021.

Once accepted, the Terms of Service constitute a binding agreement between you and UKUTEL. In addition, by downloading the UKUTEL_App from Appstore or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you. If you do not agree to the Terms of Service, you may not subscribe for a Product or activate or use the Services nor Software.

Identity of UKUTEL:

Name: UKUTEL (PTY) LTD. trading under the name: UKUTEL
Registered address: Unit 14, The Reserve One, Capricorn Way, Brackenfell, Western Cape, South Africa, 7560
Email address: hello@ulkutel.com

Customer Support:

Support is available via:

• Email (support@ukutel.com)
• Tel: +27 21 200 5930 (calls are free from the UKUTEL_App)
• Support ticket from client’s portal
• Online knowledge base / forums
• UKUTEL_App offers limited telephonic support, but no onsite support.

Support email requests will be responded to within 12 working hours on Monday to Friday from 08h00 to 16h30 (UTC+2).

BY USING THIS SERVICE YOU AGREE TO THE FOLLOWING CONDITIONS:

Definitions

“Software” means any Software, including Third Party Software, made available to you on our UKUTEL website or otherwise, including but not limited to software phones or mobile applications for download for your convenience to enable you to access the Services.

“Broadband Internet” means a reliable, functional broadband internet connection with sufficient bandwidth and quality to enable you to send and receive quality VOIP communications – including calls, data, and email and to access the internet using a high-speed connection.

“Charges / Fees” means the amounts which we will charge you for the Service selected by you at the rates as recorded in your application and/or displayed on the UKUTEL website and rates sheet. Note: some mobile network operators may prohibit or restrict the use of VoIP functionality over their network and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your cellular carrier’s network restrictions. UKUTEL and/or UKUTEL_App will not be held liable for any charges, fees, or liability imposed by your mobile network operator for use of VoIP over Mobile, Cellular Data.

“Customer Support” means receiving help via e-mail or our online knowledge base and forums.

“Airtime” means the minutes required to connect calls from the UKUTEL application to GSM and fixed-line numbers.

“DID Number” means a specific phone number assigned to you for use of the Service.

“SIP” means the version of Session Initiation Protocol indicated on the UKUTUEL website, which is a Voice over Internet Protocol (VoIP).

“SIP Device” means any SIP compliant device (such as an analog telephone adapter, router, software phone, hardware phone, mobile application, or another compatible device allowing you to place and receive VOIP communications.

“Service(s)” means the VOIP product or service described more fully below, and as selected by you in your application.

“Third Party Software” means Software or any part thereof, owned by third parties, which we may make available to you for your convenience to use with this Service.

“Use” includes, but is not limited to, accessing the Service and placing and receiving VOIP communications through the Service.

“VOIP” means Voice over Internet Protocol, a technology for delivery of voice and other communications over a data network (like the Internet).

“Client’s Portal” means the https://ukutel.com/portal-login/ portal webpages, currently located on the https://ukutel.com domain and specifically for use by each individual client.

“UKUTEL_App” means the VOIP service offered by UKUTEL (PTY) Ltd via the Internet domain https://ukutel.com.

The Offer and Contractual relationship:

Every offer contains a complete and accurate description of the Services being offered, and contains information that makes it clear to the User what rights and obligations are related to the acceptance of the offer. The description is sufficiently detailed to enable the User to make a proper assessment of the offer. UKUTEL is not bound by obvious errors or mistakes in the offer.

If an offer of UKUTEL is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

The contractual relationship between UKUTEL and the User with respect to the purchase of Call Credit (see more information on Call Credit below) is subject to that which is stipulated in the offer at the moment at which the User accepts the offer and the conditions thereby stipulated have been fulfilled. Upon the successful purchase of Call Credit, UKUTEL will immediately increase the User’s Call Credit balance.

Voucher PINS, offered by UKUTEL or third-party Resellers, should be redeemed within 12 months after issuance of the Voucher, or before the imposed line rental fee is due, whichever date comes first. The value of a Voucher, the redeemed call credit, is perceived as normal Call Credit.

The Service:

This Service is intended to be used as a second telephone facility. It should under no circumstances be construed to be, or used as, a primary telephone service and UKUTEL makes no representations in this regard.

The Service is intended for normal private, residential usage and you may not resell this Service in any way.

Upon activation of the Service you will, by default, be assigned one (1) DID Number which may be used by you.

An unlimited number of softphone installations, and airtime sharing is allowed per User account.
App Configuration: 2 Channel Product: 12 Outbound and 4 concurrent inbound calls.

The Service will allow you to place and receive VOIP communications, (such as making or receiving calls, sending or receiving messages) over a data network such as the internet. The features of your specific Service will depend on the selection you make on the application.

It is your responsibility to ensure that you can access and use the Service, whether the equipment (including mobile phone compatibility), internet connectivity or otherwise.

To access and make use of this service your equipment and software must meet the minimum requirements indicated on the UKUTEL_App. You require, at the very least, the following: (i) Broadband Internet; and (ii) a SIP Device.

The Service will not function during an electrical power failure or Broadband Internet outage; it may not be compatible with certain Broadband Internet services and it may be impaired if you simultaneously upload or download data and use the Service over the same Broadband Internet connection.

We do not guarantee, warrant, or represent that you will be able to access the Service, or the quality of the calls, or the clarity of voice. Access to, and the quality of, the Service depends on various factors, including but not limited to your location, network coverage, line quality, internet traffic, fluctuations on the internet, your underlying Broadband Internet service, service outages, equipment used by you, and configuration thereof, network and firewall configurations, NAT configurations, geographic factors, etc.

Although we employ every reasonable commercial effort to route communications to those destinations which are indicated on our rates sheet, we cannot guarantee it. Nor can we guarantee that all such destinations or all numbers in those destinations are reachable. We will, as far as reasonably possible, make an effort to provide information regarding a specific type of number to which we do not route communications, which will be available on the UKUTEL website.

UKUTEL specifically does not guarantee, warrant or represent that: (i) our rates are cheaper than normal telephone calls or any other calls; (ii) should you use an emergency services number that it will operate correctly and/or that your location will be ascertainable based on your number; or (iii) all local numbers in South Africa can be called, except for Share-call and Free-call numbers starting with 0800, 0861, and 0860.

DID Number:

The assignment of a DID Number by UKUTEL to you, the User, is subject to usage conditions imposed by ICASA (The Independent Communications Authority of South Africa). In particular: (i) DID Numbers must be used only in ways that satisfy such usage conditions and by these Terms; and (ii) you do not have perpetual rights to use particular DID Numbers. ICASA has wide powers including, but not limited to, the power to withdraw Numbers, require barring of DID Numbers, and change numbering plans, all of which could result in the change or withdrawal of your DID Number.

Accordingly, you shall never become the owner of any DID Number and UKUTEL_App can therefore not guarantee the provision, retention, or perpetual use of any specific Number/s to you. You may not sell, lease, transfer, assign or otherwise alienate your rights in respect of the Service or any Number, and the use of a Number shall only be for the duration of UKUTEL’s provision of the Service to you.

Although UKUTEL will use its reasonable efforts not to withdraw or change any DID Number assigned to you, we reserve the right to do so or to otherwise deal with any such Number from time to time as we deem fit for reasonable commercial purposes including that of meeting the objectives of ICASA for responsible number allocation and usage conditions or other conditions that are subject to applicable law.

If the Service is suspended or terminated for whatever reason, any Number assigned to you may be taken out of use with immediate effect. Such a Number may immediately be lost for use by you and we cannot guarantee that the same DID Number will be recovered or reassigned to you again.

UKUTEL shall use all reasonable efforts to ensure that the Number assigned to you will be reachable by other users of the Service or related services. UKUTEL does not, however, guarantee or make any representation of whatever nature that the Number assigned to you will be reachable from Telkom’s network or any other telecommunication platforms.

Should any DID Number not have been used in communications, other than communications from or to us, for 6 (six) months or such period as otherwise provided for by us or ICASA from time to time, we reserve the right to withdraw your DID Number and reassign it, without notice to you. This requirement is to meet the objectives of ICASA for responsible number allocation and usage.

Should we allow you to transfer an existing number to us or to release a DID Number to your new service provider – for you to retain an existing DID Number (“porting”) – such porting will be subject to industry-agreed processes and procedures as well as legal and regulatory rules and guidelines. As such we do not guarantee that porting will be allowed or be possible. If porting is allowed you will need to follow industry-agreed processes, specifically ours as well as the new service provider’s requirements, including if you port out. You will need to ensure that (i) all Charges are paid up to date including any disconnect fees; and (ii) the Service is properly terminated if the DID Number ported out is the only DID Number assigned for use with your Service.

If the DID Number ported out is the only DID Number assigned for use with your Service a request to port out shall be deemed to be a notice by you to terminate the Service as the Service must at least have 1 (one) DID Number assigned to it.

In the event of porting a DID Number your Service may be interrupted, in which event you will not be able to make or receive communications as the existing DID Number you are porting may be disconnected until the port effective date.

A geographic DID Number indicates a specified geographic area and if such DID Number is assigned to you it may be subject to certain restrictions, including but not limited to it being used only in that specified area. It is your responsibility to ensure that you know in which geographical area such a DID Number may be used as the Service may not be available or may be terminated if the geographic DID Number is used otherwise.

Charges / Fees:

Please note that you may be charged for internet data and services by your broadband Internet Service Provider (ISP) for access to the internet while using UKUTEL’s data-airtime.

Your usage charges are prepaid for both services charges and airtime.

UKUTEL data-airtime or voice bundles is a Prepaid Service. Once you have run out of airtime, you will still be able to receive calls, but will not be able to make “Off-Net” calls through the UKUTEL_App to third-party GSM and fixed-line operators.

Note: Calls between UKUTEL DID numbers are deemed “On-net” calls and carry NO CHARGE. These calls do not require any UKUTEL data-airtime or voice bundle, only an active data or internet connection on your device.

A line-rental fee is charged to keep the User’s DID number active. The cost and interval of this fee depends on the data-airtime or voice bundles package the User has purchased, and the cost thereof may change from time to time.

Call Credit:

In order to make use of the Services, the User is required to purchase Call Credit from UKUTEL (“Call Credit”).

You are able to purchase or exchange profits earned through our reseller program for Call Credits through the Client’s Portal.

The User is not entitled to any interest on the purchased Call Credit.

UKUTEL may provide to the User bonus and/or trial call minutes. Bonus and/or trial call minutes are valid for a limited period of time (listed in the offer) and are subject to a fair use policy.

UKUTEL makes available to the User various payment methods for the purchase of Call Credit, which may be changed from time to time. Additional terms and conditions may apply by using the available payment methods.

Any purchased Call Credit will expire after a consecutive period of twelve (12) months, unless the User has purchased any additional Call Credit within the aforementioned period. UKUTEL will inform the User at least seven (7) days prior to the expiration date of any Call Credit.

UKUTEL also provides an auto recharge feature in the online UKUTEL web shop, which the User can activate by selecting this feature. If this feature is activated, the User’s Call Credit balance will be recharged with the same amount and by the same payment method chosen when activating this feature.

Upon successful activation of the auto recharge feature in its online web shop, the User authorises UKUTEL and UKUTEL’s payment service provider to debit the User’s account (bank balance or credit card) for any auto recharge. The User may withdraw his (SEPA) mandate (SEPA direct debit payments are used by consumers and businesses to pay for monthly bills on a recurring basis.) at any time by sending an e-mail to: support@ukutel.com.

If a User makes use of the auto-recharge feature, UKUTEL and/or the payment service provider will process the account information to facilitate and execute each auto recharge. The auto recharge feature will also be subject to the relevant terms and conditions of UKUTEL’s payment service provider.

UKUTEL will give the User written advance notice via an email or text message or in-App message of the amount due and the due date of debiting at least 24 hours before the date when a SEPA direct debit will be initiated.

UKUTEL also provides a one click payment option for several credit card and PayPal transactions in the online UKUTEL web shop, which the User can activate by selecting this option after a successful payment to UKUTEL. The one click payment is subject to the relevant terms and conditions of UKUTEL’s payment service provider.

If a User activates the one-click payment option, the User authorises UKUTEL and UKUTEL’s payment service provider to debit the User’s account (bank balance or credit card) for the relevant purchase(s) and UKUTEL and/or the payment service provider will process the account information accordingly.

UKUTEL will give the User written advance notice of the amount due and the due date at least 24 hours before the date when a direct debit will be initiated.

The User may withdraw the one-click payment mandate at any time by sending an e-mail to: support@ukutel.com.

Call Rates:

The standard rates for the Services are listed on UKUTEL’s website and in the Software. The standard rates are including VAT, if applicable. These standard rates apply unless agreed otherwise in writing.

UKUTEL may change the standard rates for the Services at any time without pre-notification to the User by publishing such change on UKUTEL’s website and in the Software. The new standard rates will apply immediately after the new standard rates have been published.

UKUTEL charges a per-second rate. The duration of a call shall be based on one-second increments. Fractions of seconds will be rounded up to the next second.

Right of withdrawal:

The User, whose actions are not carried out for objectives relating to the course of a trade, a profession or a business, has the right to dissolve the contract with UKUTEL without giving reasons, during a period of 7 days after the day the contract with UKUTEL was concluded. The right of withdrawal is not available to the User after the full completion of the services by UKUTEL.

The User who wants to exercise his right of withdrawal shall report this to UKUTEL, within the period of seven days after the day the contract was concluded by means of sending an email to support@ukutel.com with the following details: “date the call credits were purchased”, “used payment method”, “mobile number / Account ID” and “name and address”.

The risk and the burden of proof for exercising the right of withdrawal correctly and in time rests upon the User.

If the User is refunded purchased credits, the balance outstanding will be deducted from the account of the User.

If the User exercises his/her right of withdrawal, the User shall owe UKUTEL a sum of money that is equivalent to that proportion of the contract that UKUTEL has already fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.

No refunds shall be given for any promotional amounts and/or bonus credits given by UKUTEL.

UKUTEL will reimburse the User within 14 days after the day on which the User reported the withdrawal with all payments. For any reimbursement, UKUTEL will use the same payment method that was initially used by the User, unless the User agrees to another payment method.

Repetitive refund requests from the same User will be refused.

Contract fulfilment and guarantees:

UKUTEL guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible in order to fulfil the contract and the specifications stated in the offer.

UKUTEL aims to provide the User a trouble-free mobile telecommunication services through an internet broadband connection. The User is aware that an internet broadband connection is not universally available. UKUTEL cannot guarantee that the Software and the Services will always function without disruptions, delay or errors. Various factors outside the control of UKUTEL may impact the quality of the connection and the use of the Software and Services. UKUTEL is not responsible nor liable for any disruption, interruption or delay of the Services.

Should a User discover shortcomings in the Software and/or the Services, the User must submit any complaints to UKUTEL without delay, in full and with clear descriptions to support@ukutel.com. A reply to complaints submitted to UKUTEL will be provided within a period of 3 working days, calculated from the date of receipt of the complaint.

Deactivation:

Should a User not fulfil his/her obligations towards UKUTEL, is in breach of these Terms, or commits or is suspected of fraud, UKUTEL is entitled to (temporarily) deactivate the User’s account until the matter is resolved.

After deactivation of the User’s account, the User is not allowed to use the Software or the Services. UKUTEL shall have no obligation to provide the Services towards the User. In the event that the User’s account is deactivated, UKUTEL shall inform the User as soon as reasonably possible. The User is not entitled to any compensation after the deactivation of his/her account.

In it’s sole discretion, UKUTEL may reactivate the User’s account and shall make the Services available to the User. UKUTEL may charge the User a reactivation fee.

Liability and indemnification:

UKUTEL, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of the User’s use of, or inability to use the Software and/or the Services.

If UKUTEL is found to be liable for whatever reason, UKUTEL’s liability to the User or any third party is limited to the greater of (a) the total fees the User has paid to UKUTEL in the six (6) months before the action giving rise to liability, or (b) $50.

Notwithstanding anything to the contrary in these Terms, the limitation of liability outlined in the two aforementioned paragraphs shall not apply to any claim for which liability cannot be limited under applicable law.

The User agrees to indemnify and hold harmless UKUTEL and its affiliates, and each of their respective, directors, shareholders, and employees from and against any claims, losses, and/or damages arising from or relating to (i) the User’s breach of any of these Terms; (ii) the User’s breach of any applicable law or regulation or (iii) the User’s use of any Software and/or the Services.

The User shall notify UKUTEL of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably been discovered.

Subject to limitations allowed in law, UKUTEL and/or third parties supplying Third-Party Software will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising from (i) withdrawal, porting, or change of a Number, or unavailability of the Service or Numbers (including geographic or emergency numbers), or your Number being unreachable, or use of the Service from outside South Africa; (ii) your downloading or use of the Software or our withdrawal or revocation of Software licenses; (iii) any incompatibility of the Service with your Broadband Internet or SIP Devices; and/or (iv) any damage to your SIP Device. You, therefore, indemnify UKUTEL against all loss, damages, claims, and liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (i) to (iv) above.

Personal data:

UKUTEL shall refrain from using the (personal) data obtained from its Users (including data regarding the use of the Services) for any other purpose than to process the data for the provision of the Services.

UKUTEL will take suitable technical and organizational measures to secure the electronic transfer of any personal data and UKUTEL will ensure a safe web environment.

UKUTEL shall process any personal data in accordance with the the Protection of Personal Information Act (POPIA). Any personal data obtained by UKUTEL shall not be kept for a period longer than is necessary for achieving the purposes for which the personal data were collected or subsequently processed.

Call detail records (CDR’s) of a User will be saved for a period of 12 months to support questions from customers about their historic UKUTEL call and payment history.

Except as provided below, UKUTEL will not sell, rent, trade or otherwise transfer any personal data outside of UKUTEL without the User’s explicit permission, unless it is obliged to do so under applicable laws or by order of any competent authority.

Further details on personal data are published at www.ukutel.com/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis

Intellectual property rights:

The Software contains proprietary and confidential information that is protected by intellectual property rights owned by or licensed to UKUTEL. UKUTEL and/or its licensors retain exclusive ownership of the Software and all intellectual property.

The User is not allowed to use the (source code of the) Software for any other purpose than making use of the Services. The User shall not make any changes to the Software, decompile the Software and/or manipulate the Software. In the event of any unauthorized use of the Software by the User, the User shall be liable for all damages suffered by UKUTEL.

Duration and Termination:

Should the User choose to migrate to another VOIP service he/she agrees that this terminates their current Service with UKUTEL. Accordingly, you will first need to settle all outstanding amounts before you can be migrated. UKUTEL_App does not guarantee that you will be able to retain your number in the migration process.

Upon termination of this Agreement all unused minutes will be forfeited and you will not be compensated for them in any way, shape or form.

Upon termination of this Agreement any outstanding amounts will be due and payable immediately.

Final Provisions:

The rights and obligations of the User under the contract with UKUTEL cannot be assigned or transferred except with the prior written approval of UKUTEL. UKUTEL shall at any time be entitled to assign its rights and obligations under this Agreement to a third party.

All contracts entered into between UKUTEL and the User are governed by South African law.

Any dispute between UKUTEL and the User shall in the first instance be submitted to the competent courts in Cape Town, South Africa, unless another South African court is competent by virtue of mandatory law.