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Policies

WANATEL Terms and Conditions of Use

Please read the following very carefully before using the WANATEL service as it sets out your legal rights and obligations in respect of the service.

1 INTRODUCTION

1.1 The Service is made available by WANATEL to WANATEL Subscribers only.

1.2 By using the Service you agree :

1.2.1 that you are of legal age to enter into this agreement;

1.2.2 that you have read and understand the terms and conditions which follow;

1.2.3 that you shall be bound by these terms and conditions, and future revisions or amendments thereof, and

1.2.4 that you shall be bound to all WANATEL other legal notices, including in particular, but without limitation, the Subscriber Terms and Conditions

of Use, which are incorporated by reference into these Terms and Conditions. These notices can be located at www.wanatel.net/policies/ and will herein

after collectively be referred to as the General Terms.

1.3 We may at any time change any or all of the Terms and Conditions:

1.3.1 Any changes will become effective when we publish them and when you will receive notification.

1.3.2 You will be inform by email of any changes occurring on the Terms an conditions

1.3.3 By continuing to use the Service after we have made the changes, you agree to be bound by the amended Terms and Conditions.

1.3.4 If you do not accept the amended Terms and Conditions, you shall desist from using the Service.

1.4 If you do not agree to all of these Terms and Conditions, then you shall not use the Service.

2. INTERPRETATION

In this agreement:

2.1 the singular includes the plural and vice versa;

2.2 Account means your WANATEL account, with which you will obtain access to this Service;

2.3 Agreement means this agreement which governs the provision of the Service to you;

2.4 SIP DEVICE means any SIP compliant phone, Analogue Telephone Adapter, router or software phone;

2.6 IETF means Internet Engineering Task Force;

2.8 ADSL means the capped asymmetric digital subscriber line service, that enables you to send and receive data and email,

and to access the Internet using a high speed connection;

2.9 Service means the WANATEL Callsaver service described more fully in 3.1 below; and

2.10 Service Website (and derivatives) means the person using the Service.

2.11 SIP complaint means the WANATEL Callsaver service described more fully in 3.1 below; and

2.12 Subscribe (and derivatives) means the person using the Service.

2.13 Subscriber means the WANATEL Callsaver service described more fully in 3.1 below; and

2.14 use includes, but is not limited, to accessing the Service and making and receiving calls through your ADSL connection;

2.15 VOIP means the WANATEL Callsaver service described more fully in 3.1 below; and

2.16 You (and derivatives) means you or the company using the Service.

3 THE SERVICE

3.1 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 WANATEL makes no representations in this regard.

3.2 You are required to have the following in place in order to access and make use of the Service:

3.2.1 Active Internet Broadband connection; and

3.2.2 a SIP compatible talk device.

3.3 Wanatel will then open an account, subsequent to which a SIP telephone number will be allocated to you, which will be able to be linked

to your VOIP TALK device.

3.4 You acknowledge and agree that you do not own the SIP telephone number and that we may withdraw it at any time.

You will not transfer or request the transfer of the number to anyone else.

3.5 We reserve the right to change your SIP telephone number at any time for operational or commercial reasons, or to comply with our regulatory

obligations. We will give you advance notice of such a change.

3.6 The Service is personal to you and is linked with your Account. You may not resell or transfer the Service without our prior written consent.

3.7 You shall use the Service for lawful purposes only.

4 THE VOIP TALK DEVICE

4.1 You can use any SIP-compliant VOIP TALK DEVICE purchased from a retailer of your choice.

or if the Service provided to you hereunder is fraudulently applied, or if the VOIP TALK DEVICE or Service is applied in any other unauthorized manner.

4.2 You shall notify us immediately, in writing or by calling our Customer Support Centre, if your VOIP TALK DEVICE has been stolen or lost,

4.3 You shall not change the electronic serial number or equipment identifier of the VOIP TALK DEVICE.

5 CHARGES

There is a post-paid or pre-paid service.

5.1 POST-PAID ACCOUNT

5.1.1 The charges payable for the Service are displayed on your electronic monthly invoice. Rates per minute vary according to the destination

which is called.

5.1.2 You should pay the charges into your Account using bank transfer or credit card.

5.1.3 Your invoice should be paid 10 days after reception of your invoice, according to the date of reception of your invoice per email.

Wanatel reserve the right to stop the service 12 days after non reception of proof of payment.

5.2 PRE-PAID ACCOUNT

5.2.1 Your account credit will expire within 6 (six) months from date of purchase, if no chargeable calls are made during the (six) month period

and if no further pre-paid credit is purchased. You can reset the 6 (six) month period, by making a chargeable call before the expiry of

the 6 (six) month period, or by purchasing more credit.

5.2.2 Making a chargeable call or purchasing more credit will reset the expiry date of all remaining credit.

5.2.3 We reserve the right to limit the amount of your pre-paid purchases.

5.2.4 You will receive a reminder on the 22^nd of each month with all the monthly charges that would be debited from your Wanatel account

on the 1st of each month. If your balance is not sufficient on the 1st your account would be automatically suspended.

5.2.5 We also reserve the right to change the charges from time to time without notice to you. The revised charges shall be displayed on the

Service Website. Your continued use of the Service following the posting of changes to the charges will constitute your acceptance of the new charges.

5.2.6 Any fees paid to Wanatel including any pre-payments (recharges) are non-refundable, regardless of who actually uses or possesses your phone

after you buy talk time, and regardless of whether the usage of the Wanatel Service is made with or without your consent or knowledge.

5.2.7 All fees and amounts paid for the Service provided hereunder are non- refundable.

6 TERMINATION OF THE SERVICE : it is a month to month contract with 1 month notice for cancellation

6.1 Should you be in breach of any provision of this agreement, then WANATEL shall be entitled, without prejudice to any other rights it may have

and without notice to you, to forthwith:

6.1.1 claim immediate payment of all outstanding amounts payable in terms of this agreement;

6.1.2 suspend your access to the Service; and/or

6.1.3 terminate this agreement, retain all amounts already paid by you and recover all costs incurred by WANATEL,

including (without being limited to) legal costs on an attorney and own client scale.

6.2 WANATEL is entitled to terminate the Service with notice to you at any time if WANATEL decides in its sole discretion to stop offering the Service. 6.3 The Service is on a month to month basis. You are able to cancel the Service with 1 (one) month notice

7 DISCLAIMER

7.1 You acknowledge and agree that:

7.1.1 WANATEL makes the Service available to you "as is" and "as available", without any guarantees,

warranties and/or representations of any kind, either express or implied;

7.1.2 WANATEL makes use of a number of third-party network providers in order to provide the Service, e.g. to connect calls to the various supported

local and global destinations. You also acknowledge and agree that the public Internet is used to carry voice traffic. WANATEL does not guarantee,

warrant or represent the availability or performance of any third-party service providers or the Internet;

7.1.3 the quality of the Service depends on various factors, including your location, line quality, Internet traffic, fluctuations in the Internet,

your underlying broadband service, service outages etc. We accordingly do not guarantee, warrant or represent the quality of the calls ;

7.1.4 WANATEL VOIP TALK will not function during an electrical power or broadband outage;

7.1.5 the Service may not be compatible with certain broadband services; and

7.1.6 the Service may be impaired when you upload or download data using your ADSL Internet connection at the same time as making

or receiving a call using a VoIP WANATEL line.

7.2 Without limiting the generality of the foregoing, WANATEL specifically does not guarantee, warrant or represent that:

7.2.1 the Service will always be available;

7.2.2 the Service will be free of errors or interruptions;

7.2.3 the Service will be free of viruses or other harmful components;

7.2.4 the Service is fit for any purpose;

7.2.5 the Service does not infringe third party or Intellectual Property rights;

7.2.6 the Service is secure and reliable;

7.2.7 the Service conforms with your timeline requirements; or

7.2.8 our rates are cheaper than normal PTSN calls; or

7.2.9 all local or international telephone numbers can be called.