Legal

Download:: Telviva Communication Services Terms

Download:: Telviva Consumer Terms

Download:: Telviva PI Processing Policy

User Agreement:

ANY PERSON ACCESSING THE TELVIVA WEB SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

1. Copyright. © 2011 TELVIVA (Pty) Ltd (“TELVIVA”). All intellectual property, images, text, programs, and other materials found in the TELVIVA Web Site are protected by the appropriate and applicable South African laws. Any commercial use of the images, text, programs or other materials found in the TELVIVA Web Site without the express written consent of TELVIVA is strictly prohibited.
2. Content Submission. Certain areas of the TELVIVA Web Site allow for the exchange of information between you, the USER, and TELVIVA. Any submission by the USER becomes the property of TELVIVA, and the USER implicitly grants TELVIVA the authority and right to use that content in accordance with TELVIVA privacy policies.
3. USER Responsibility. The USER assumes all responsibility for use of the TELVIVA Web Site. The USER waives all claims against TELVIVA, its officers, directors, employees, suppliers and programmers that may arise from the utilization of the TELVIVA Web Site howsoever arising.
4. Accuracy of Information. While all reasonable attempts are made to ensure the accuracy of the information, USER can hold neither TELVIVA, nor its information contributors responsible for the accuracy of the information found in the TELVIVA Web Site. TELVIVA makes no expressed or implied warranty as to the accuracy or merchantability of content or programming.

Manual for Telviva (Pty) Ltd t/a Telviva Prepared in terms of the requirements of the Promotion Of Access To Information Act No 2 of 2000 (hereinafter referred to as “the Act”)

Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights. The Act sets out the requisite procedures associated with any such requests for information.

In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act, expressly provides that the information may not be released. In that context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where its release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.

Company and Contact Details

Note: Public information on the company is available on the company’s website (www.telviva.co.za).

Guide to the Manual and its Access

It is understood that the guide is to contain such information as may reasonably be required by a person who wishes to exercise any rights contemplated in the Act. Therefore, any enquires relating to this guide should be directed to the CEO of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone (011) 484 8300 or Fax (011) 484 1360. Further information may be accessed from the web site www.sahrc.org.za

Records

Records that are held in the Company’s Head Office:

• Personnel Records
• Conditions of employment and employee -related contractual records.
• Records relating to Customers
• Records relating to Telviva (Pty) Ltd
• Registration of CC
• Title Deeds
• Insurance
• Financial
• Product (Intellectual Property/Type Approvals)
• Internal Correspondence
• Statutory records N/A

Information Request Procedure.

• To request a document in terms of the Act, the requester must use the prescribed form.
• This must be submitted to the Member or the Information Officer of the Company.
• The requester must provide sufficient detail to enable the company to identify the record and the requester.
• The requester must identify the right that he/she is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right.
• If the request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request.
• In terms of section 63 of the Act, the head of the Company must refuse a request for access to a record if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.
• Furthermore, he must refuse a request for access to a record of the company/cc/association if the record contains; trade secrets, financial, commercial, scientific and technical information, the disclosure of which could harm the interests of the Company.
• Similarly, in terms of section 64 of the Act, the above refusal grounds apply in respect of the commercial information of third parties held by the Company.
• Access to such records will require the written permission of the third party concerned before the Company will permit access to view.
• In accordance with the above mandatory refusal grounds, Member/Information Officer will make a decision whether to accede to a request for access to information.
• Any search, reproduction, and document preparation necessitated by requests for information will be undertaken in accordance with the prescribed fees currently at R250 per hour.

Manual Availability.

• In addition to the availability of this Manual at the South African Human Rights Commission, this Manual may be obtained from the Member or Information Officer of Telviva (Pty) Ltd.

In respect of hard copies, any transmission costs/postage will be for the account of the requester.

Your confidentiality

* Any personal information collected by us will be kept strictly confidential and will not be given to anyone else, for any reason.

* We do not want to receive confidential or proprietary information from you through our Web site so any information or material sent by you to us, via this web-site, will be deemed NOT to be confidential.

The privacy of your e-mail addresses

* We do not give addresses out to anyone else, for any reason.

* We might sometimes send out e-mail newsletters and promotional e-mail to our registered users about services and products offered by us.

* Registered users can indicate that they do not wish to receive e-mail information from us.

Your browser information collected on this site

* We analyse our Web site logs to constantly improve the value of our content. These logs are not personally identifiable, and we make no attempt to link them with the individuals that browse the site.

* We use IP addresses to get broad demographic information about our users in general.

* This information does not contain anything that can identify users personally.

By accessing this site, you have promised to accept and agree to the following:

* All information is provided by us on an “as is” basis only.

* Information and/or services and or programs may be changed or updated without notice.

* We assume no responsibility regarding the accuracy of the information provided and using our information is at your own risk.

* We make no representations whatsoever about any other Web site which you may access through this one.

Our Liability Disclaimer

* We make all reasonable attempts to exclude viruses from the website but we cannot guarantee a virus-free site so no liability is accepted for viruses.

* We recommend you take all appropriate safeguards when visiting our website.

Our Protection of our intellectual property

* By providing information, Telviva does not grant any licenses to any copyrights, patents or any other intellectual property rights.

If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please mail us at info@telviva.co.za.

Telviva’s Privacy Policy

Telviva respects your right to privacy. Please read below to understand more about our privacy policy.

By using our web site, you consent to the collection and use of information by Telviva. If our privacy policy changes, we will update this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Information Collection

A Website is capable of collecting certain information about persons who access a Website or attempt to use its functions. Telviva’s primary goal in collecting personal and business information is to provide a customised experience on our network of sites. This includes personalisation services, interactive communications, business transaction information, and other types of services. Telviva is the sole owner of all information collected by the Websites. To the extent that Telviva provides access to this information to others, the parameters for such disclosure are set forth herein.

To review some portions of the Website, you must complete a registration form. During registration, you may be asked to provide verifiable contact and identity information. This information may be used to establish the identity of account holders and may be retained by Telviva. Further, if you submit an application for a product, service, or information to us through any Website, Telviva may collect and retain the content of the application or correspondence that Telviva receives, the email address from which it was sent, and Telviva’s response, if any.

The personal information we collect as part of any entry/registration process also provides us a means to inform you of product updates or revisions, additional special offers, or to notify you of products and services that relate directly to your specific interests and needs. During the entry/registration process, we give you the opportunity to decline e-mail communications from other parties to whom we may provide such information.

Some of our web pages use “cookies” or other information collection devices so that we can better serve you with more tailored information when you return to our Website. Cookies are identifiers which a website sends to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, so that you can choose to decline or accept it.

We may use IP addresses and web server log files to analyse trends, administer a Website, track a user’s movement, and gather broad demographic information for aggregate use. Additionally, in areas of a Website requiring registration, we may use this information from time to time to police a Website for unregistered users (but we undertake no obligation to do so). Information of this type may be combined with cookies or other sources of information for these purposes. Specifically, through the use of web server log files, any or all of the following information may be accessed, collected, analysed, and stored during or after your visits to the Website: the name of the domain name from which you access the Internet; the date and time you access the Website; the pages you visit on the Website and the sequence in which you visit them; the amount of time you spent on a particular Website page; the Internet address of a website that you visit immediately before or after visiting our Website; the Internet address from which you linked directly to our Website, if any; the type of operating system on your computer; the type of browser that you are using to view a Website. These and similar types of information may also be collected by “web-bugs” or single-pixel gifs and by other means.

Information Use and Disclosure

Telviva may use the information obtainable from a Website for editorial and feedback purposes and for other purposes.

For example, Telviva may provide aggregate information to its in-house and independent sales representatives, use the information for marketing and promotional purposes, for a statistical analysis of user behavior, for product development, to inform advertisers as to how many visitors have seen or clicked on their advertisements, to target markets and to formulate our own proprietary and business strategies and plans. Any information that you actively provide to us, such as names, postal and email addresses, and phone numbers may be added to our databases and if you elect to allow such use, may be used by us to contact you regarding Website updates, new products and services and for other purposes specifically allowed by you when you supply such information.

Telviva may retain the content of any customer service web form or email that Telviva receives, the email from which it is sent, and our response, if any. Content and other information related to emails sent by user to Telviva may be used as testimonials or for any other marketing purpose, except that no marketing communications unrelated to the subject matter of the submission will be sent to the email address from which such email or form is sent unless the user specifically elects to receive additional marketing materials or we obtain the email address through another avenue that permits such use. In all cases, email addresses may be compared to subscription or customer lists of Telviva and its business partners.

Where completion of a sale or shipment requires the use of information, such as credit card information, shipping addresses, or contact persons, Telviva may use the information to the extent necessary.

Telviva may use the information collected to analyse trends, administer Websites, track user movement, and gather broad demographic information for aggregate use, to monitor or to improve the use and satisfaction of a Website, and to customise, upgrade, or configure the layout or content of a Website.

Telviva may share and disclose aggregated user statistics and demographic information in order to describe our services to prospective and existing partners, advertisers, or other third parties, and for other lawful purposes. This information is not linked to any personal information that can identify any individual person. Under confidentiality agreements, Telviva may match user information with third-party data. Telviva may disclose your personal information to business partners unless you directly inform us that you prefer we not do so.

Links to Third Party Sites

The Website may contain links to third party sites. Access to any other Internet site linked to the Website is at the user’s own risk and Telviva is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements, terms of use or privacy practices of such other sites unless it is also a Website owned or controlled by Telviva. Telviva provides these links merely as a convenience and the inclusion of such links does not imply an endorsement of the site or their entities, products or services. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every site that collects personally identifiable information. This Privacy Policy applies solely to information collected by a Website on the domains owned and controlled by Telviva.

Security

Telviva’s Websites take precautions to protect our users’ information. We use standard industry mechanisms to protect customer data from unauthorised access, for example, by using password protection and standard encryption methods. We also take measures off-line to protect your information that is known to Telviva to be financial and business sensitive information to the same extent that we take measures to protect our own such information.

You may edit your account information and account profile at any time using your email address and password. Do not divulge your password to anyone. Telviva will never ask you for your password in an unsolicited telephone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your work. This may help to protect against access by others to your personal and business information if you share a computer or are using a computer in a public place.

By using our Website, you consent to the collection and use of information by Telviva. We reserve the right to change this Privacy Policy and our Terms of Use at any time and for any reason. If our privacy policy changes, we will update this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. You agree that continued use of a Website is an acknowledgement, consent and acceptance of any terms contained in our terms, conditions, practices and policies, including this Privacy Policy, as it may be amended from time to time.

Purpose of this Procedure

1. 1. This Procedure sets out the obligations of Telviva and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how they will be handled thereafter.
   2. Telviva’s Billing Dispute Handling Procedure is intended to service the interests of both the Customer and Telviva, by setting out clear rules and procedures to be used where Billing Disputes may occur.
      

      Definitions

      “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

      “Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.

      “Billing Disputes Handling Procedure” and “this Procedure” mean this Billing Disputes Handling Procedure for the initiation and resolution of BillingDisputes.

      “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

      “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

      “Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

1. 1. Any charge recorded on an invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to Connection Telecom by the due date of the invoice.
   2. For the avoidance of doubt, the parties expressly acknowledge and agree that:
      1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”)).
      2. Only Billing Disputes can trigger the Billing Disputes Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Telviva as set out below).
      3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Disputes Handling Procedure. Billing Enquiries should be directed to accounts@connection-telecom.com, and Complaints are dealt with under the Telviva Complaints Handling Procedure.
   3. Please note that Telviva will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being the Customer’s responsibility to safeguard access to the services which they receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s obligations to first use this Procedure

1. 1. As a current or prior subscriber of Telviva, the Customer agrees to allow Telviva to attempt settlement of any Billing Dispute for fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Telviva requires and Customer agrees that Telviva be the first option in Billing Disputes. Should Telviva receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Telviva has been given a chance to resolve the Billing Dispute, Telviva has the right to collect on the rendered services and any fees associated with those disputes.
   2. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Telviva still retains the right to collect on any rendered services or fees that are due. Should Telviva be unable to reverse any disputed amounts with a third party, credit card company or bank, Telviva will submit the full delinquent amount for collection.

Time period within which Billing Disputes can be initiated

1. 1. A Billing Dispute Notice may be lodged in the required manner until the passing of thirty (30) calendar days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

1. 1. The Customer may only withhold payment of a Disputed Amount where Telviva receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

Billing Dispute Notice

1. 1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice by sending an email to accounts@telviva.co.za.
   2. The Billing Dispute Notice should clearly set out:
      1. Invoice number and date;
      2. The amount in dispute (“the Disputed Amount”);
      3. The amount not in dispute (“the Undisputed Amount”);
      4. The full details of the dispute; and
      5. Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.

Response to Billing Dispute Notice

1. 1. In terms of the ICASA Code of Conduct Regulations, Telviva will acknowledge receipt of the Complaint within three (3) Business Days.
   2. Telviva shall provide a response to the Billing Dispute Notice within fourteen (14) Business Days, which response shall take one of the following forms:
      1. A rejection of the Billing Dispute Notice on the basis that:
         1. The Billing Dispute Notice was not received by Telviva within thirty (30) calendar days of the date of the relevant invoice;
         2. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with clause 10;
         3. The Customer has not made payment in accordance with (and does not have a right to withhold payment) in terms of clauses 3, 4.1 and 9 of this Procedure;
         4. Telviva has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
         5. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
         6. Telviva reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.
      2. .A request for information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Telviva in making a determination in the matter – the Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as it has been received by Telviva.
      3. A determination of the Billing Dispute and the reasons for such determination.

Resolution, Agreement or Determination

1. 1. If stipulated under Telviva’s response under clause 13 that the Customer must make payment of a Disputed Amount, the Customer must pay the Disputed Amount within five (5) Business Days of the date of the determination.
   2. If stipulated under Telviva’s response under clause 13 that Telviva must withdraw the disputed charge or refund a disputed charge previously paid, Telviva must as soon as practicable:
      1. Provide the Customer with an adjustment to their account reflecting the decision above. It is intended that this adjustment will appear on the next invoice issued to the Customer (which the Customer must pay in accordance with the agreement for services that it has with Telviva), but the parties acknowledge that this may be delayed due to timing issues with the decision and Telviva’s standard billing terms; and
      2. Credit any Disputed Amount already paid by the Customer.
   3. Where a resolution or determination is made in accordance with clauses 15.1 or 15.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Telviva will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

1. 1. Telviva will not disconnect a service provided to the Customer which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Telviva has reached a determination and communicated this to the Customer provided that amounts not disputed are paid as contracted for.
   2. Telviva reserves the right, however, to take such measures immediately:
      1. Where a determination of the Billing Dispute has been made and communicated to the Customer; or
      2. Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.
   3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Telviva shall continue to have the right to terminate or suspend the service in accordance with Telviva’s rights under the agreement that the Customer has with Telviva.

Confidentiality

1. 1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Referral of Billing Disputes to ICASA

1. If the Customer is not happy about the outcome of the Complaint, the Customer has the right to escalate it to ICASA. If ICASA cannot resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
2. ICASA can be contacted in the following ways:
   1. Telephone: 011 566 3000;
   2. Fax: 011 444 1919; and/or
   3. email: consumer@icasa.org.za.

Last updated: February 2013

Take Down notice requirement for ISPA Code of Conduct compliance

In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) (insert name of company) has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Internet Service Providers’ Association (ISPA)

Address: PO Box 518

Noordwyk

1687

Telephone: 010 500 1200

Email: takedown@ispa.org.za

Introduction

1. 1. . In order to provide electronic communications services to its subscribers, Telviva (Pty) Ltd (“Telviva”) holds licences issued by the Independent Communications Authority of South Africa (ICASA).
   2. ICASA requires that all licence-holders comply with, inter alia, the:
      1. ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
      2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
   3. Telviva has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers.
   4. The ICASA Code of Conduct Regulations 2008 is available here.
   5. The ICASA End-user and Subscriber Service Charter Regulations is available here

Definitions

The following definitions find application throughout all Telviva’s documentation:

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.

“Billing Disputes Handling Procedure” and “this Procedure” mean this Billing Disputes Handling Procedure for the initiation and resolution of BillingDisputes.

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.

“Business Hours” means 08h00–17h00 on Mondays–Fridays.

“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. Billing Disputes are a specific form of Complaint dealt with only under the Telviva Billing Disputes Handling Procedure.

“Customer” means a Telviva subscriber or potential subscriber.

Key Commitments

1. 1. Telviva makes the following key commitments and will endeavour to:
      1. Act in a fair, reasonable and responsible manner in all dealings with Customers;
      2. Ensure that all its services and products meet the specifications as contained in Telviva’s licences and all the relevant laws and regulations;
      3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
      4. Display utmost courtesy and care when dealing with Customers;
      5. Provide Customers with information regarding services and pricing;
      6. Where requested to do so provide Customers with guidance with regard to their service needs; and
      7. Keep the personal information of Customers confidential unless Telviva is:
         1. Otherwise authorised or required by law or order of Court;
         2. .In possession of written authorisation from the Customer to do so; and/or
         3. Required to release such information for the purpose of briefing Telviva’s auditors or professional advisors or an accredited debt collection agency.
   2. Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

Consumer rights

1. 1. The ICASA Code of Conduct Regulations 2008 stipulate the following (nonexhaustive) list of consumer rights held by subscribers and potential subscribers:
      1. A right to be provided with the required service without unfair discrimination;
      2. A right to choose the service provider of your choice;
      3. A right to receive information in your preferred language (Telviva will do its best to meet this request where reasonable);
      4. A right to access and question records held by Telviva and which relate to the Customer’s relationship with Telviva;
      5. A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s permission;
      6. A right to port a number in terms of applicable regulations;
      7. A right to lodge a complaint; and
      8. A right to redress.

Availability of Information

1. 1. The following information can be obtained from the Telviva website https://telviva.co.za or by email request to info@telviva.co.za (with no charge payable), and is available for inspection at Telviva’s offices during Business Hours:
      1. Telviva’s range of services / products on offer;
      2. Tariff rates applicable to each service offered;
      3. Terms and conditions applicable to such services / products;
      4. Payment terms;
      5. Billing, billing processes and the Billing Disputes Handling Procedure;
      6. Complaints Handling Procedure, and
      7. Relevant contact details

Billing

1. 1. Telviva will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.
   2. Billing terms are also set out on Telviva’s invoices.

Defective items

1. 1. Where a product is defective, Telviva will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.

Vetting of applications and use of credit registered credit bureaux

1. 1. Where applicable, Telviva reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer consents to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005.

Written terms and conditions of service

1. 1. Telviva will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions thereof will be provided to the Customer within seven (7) Business Days.
   2. Where Telviva affect changes to the terms and conditions of its service, Telviva will inform the Customer of such changes within a fair and reasonable period.

Minimum standards for the services offered by Telviva

1. 1. Telviva will, subject to events and conduct beyond its reasonable control,
      1. provide a minimum of 95% network service availability measured over six (6) months;
      2. provide a minimum of 95% service availability measured over six (6) months;
      3. attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days, while meeting the balance of requests within forty (40) Business Days;
      4. provide full reasons to the Customer where Telviva is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;
      5. attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service while meeting the balance of requests within fifteen (15) Business Days thereof;
      6. provide full reasons to the Customer where Telviva is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request for same;
      7. maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;
      8. monitor its network 24/7/365.
      9. respond within three (3) minutes (averaged over six months) to any call directed to the Telviva call centre;
         1. based on severity levels defined in the following severity level Table 1. Telviva (Pty) Ltd commits to responding in the time frames defined in the response Table 2.Table 1.

            Severity Level	Definition of Security
            Severity 1	The Communications Service at a Customer Site is unavailable.
            Severity 2	The Communications Service at a Customer Site is available but severely degraded or a Handset fails.
            Severity 3	The Communications Service at a Customer Site is available but moderately impaired or the problem can be circumvented

            Table 2.

            Severity Level of Problem	Response Time	Resolution Time
            Severity 1	2 Support Hours	6 Support Hours
            Severity 2	4 Support Hours	12 Support Hours
            Severity 3	8 Support Hours

   2. Customers acknowledge that Telviva is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that Telviva cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Miscellaneous

1. Any queries relating to this Code of Conduct should be sent to info@telviva.co.za.
2. This Code of Conduct forms part of the Terms and Conditions applicable to the use of Telviva’s services and products and is incorporated therein.

Last updated: February 2013