1. Our agreement

 

1.1 Commencement.
This agreement contains our standard terms and conditions. When you (i) enter your PIN and so request us to activate your SIM on the network; or (ii) open our sealed package; or (iii) use the network other than for emergency calls or calls to our Customer Services department; or (iv) request a port-in, you will be asking us to give you access to our services and the network on the terms of this agreement. When we accept your request, we will connect your SIM to our service and open an account in your name. This will then constitute a binding agreement between us.

1.2 Undertakings.
This agreement will remain in force and we will make our service available to you if you are a customer and you:

(a) comply with your obligations in terms of this agreement, follow our guidelines and give us the information we ask for;

(b) stay within the range of the network or our roaming partners’ network;

(c) don’t breach any laws or regulations applicable to the services or their use;

(d) don’t use the service (i) unlawfully; or (ii) for an unlawful or abusive purpose; or (iii) to access or send anything unlawful; or (iv) knowingly or carelessly allow any other person to do so. Examples of such unlawful or abusive use include, for example, infringing another person’s rights, defaming another person, doing anything which may reasonably be considered to be offensive, abusive, discriminatory, indecent or a nuisance, sending spam, hacking, phishing or transmitting anything which contains viruses or other software, code, programmes or files which may damage any software or equipment;

(e) don’t abuse our service, don’t use the service in such a way as to interfere with other customers’ use of the service or jeopardise the operation of the network or knowingly or carelessly allow any other person to do so.

1.3 Minors.
If you are not yet 18, your parent or guardian will need to assist you in entering into this agreement.

1.4 Signing and providing documentation.
From time to time it may be necessary for you to sign or provide additional documents to us. To start, we will need a copy of your ID and proof of address which the law requires us to collect from you.

1.6 Information.
You agree to give us such information about you as we may require, and you authorise us to make use of this information in order to open your account, comply with legislation or provide a better service to you. You warrant that all information provided to us is and remains true and correct.

1.7 Communications.
We may need to send you important messages, which are not marketing material, such as information about your account, your charges or the network, if required by law or if necessary, for us to provide the services to you, whether we have your consent or not.

2. Providing service to you

 

2.1 Availability.
We’ll try to make our service available to you at all times, but quality and availability could be affected by factors outside our control, like, for example, the weather, weak signals, use of the services by other customers, the network, network coverage, bandwidth capacity, technology speeds and faults in other networks. The network and our service may also need upgrading, maintenance or other work which may result in interruptions or unavailability, which we may not be able to do anything about. Where possible, we will advise you in advance of such interruptions or unavailability. We’ll take all reasonable steps within our control to ensure that the services are made available to you.

2.2 Phone number.
We will give you the use of a phone number. If obliged by ICASA, we may need to change, withdraw, suspend or re-assign your phone number.

2.3 No reselling.
You may not sell or otherwise make our services and our rates available to others or commercially exploit them in any way.

3. Charges and payment

 

3.1 Tariffs.
All our tariffs are available on our website or you can call our Customer Services department for a copy. We may update our tariffs from time to time.

3.2 Payment Options.
You can pay by topping-up your Prepay package at any time with top up vouchers.

3.3 Top ups and credits.
You can’t convert or redeem unused airtime or unused data on your account to cash.

3.4 Charging you.
As a Prepay customer we will deduct charges from your Prepay account as you use the services.

3.5 Airtime Carried Forward.
Unused airtime will carry over for 3 months.

3.6 Roaming.
International roaming will not be allowed

3.7 Sending messages.
If you send an SMS or MMS, we will charge you when you send that message.

3.8 Premium Rated Services
For your protection, all premium rated services are disabled on the Sakeng network  

4. Prepay accounts

 

4.1 Talk.
We offer a prepaid service

  • If you are a Sakeng Emporium member you will qualify to receive a Prepay SIM card at no cost,
  • you must top up with airtime and/or data to use our services;
  • if you have a R0 balance, others can call you, but you won’t be able to make any calls or use other services, except to call the Customer Services department on 135 or 0860 Sakeng (724364) to top up, 132 for voicemail and emergency services on 10111; and
  • an airtime window applies to all top up vouchers once they are loaded onto your phone.

4.2 Using top ups, vouchers and bundles

  • If you have loaded more than one top up, each new one will be activated on the day it was loaded. The voucher with the greatest airtime window will overwrite all other airtime windows and you will have to use all your airtime in that period. We do not accumulate the airtime windows.
  • On data bundles that reaches their expiry window you will have the following options available to you:
    1. Transfer data
    2. Data roll over
  • On depletion of your data bundle you will be presented with the following options:
    1. Use airtime for data
    2. Stop using airtime for data

5. Your sim

 

5.1 Blacklist.
If your SIM is lost or stolen, you must ask us to “blacklist” it so that it can’t be used by someone else, but please contact us immediately as you will remain liable for all costs incurred until we blacklist the device. Removing the “blacklist” may not be possible for technical reasons. Please obtain a police case number before asking us to blacklist the phone or modem.

5.2 SIMS.
If you lose the SIM, you may be liable to pay a replacement charge. You must keep your SIM safe and only use it to access our service. If your SIM is lost, stolen or damaged, call the Customer Services department or visit your nearest Sakeng branch immediately for a replacement SIM. You will be liable for all charges relating to use of your SIM if it has been lost or stolen until you notify us as well as for the cost of its replacement.

6. Mobile number portability

 

6.1 Porting in.
If you want to port-in from another network operator you will need to visit your nearest Sakeng branch or contact our Customer service for assistance. If we agree that you can port-in, we may need to charge you an administration fee.

6.2 Restrictions.
You may not port if (i) any network operator has suspended your service; (ii) your phone number has been disconnected; (iii) you’ve ported in the last 60 days; (iv) your phone number is already waiting to be ported; (v) you have given incorrect details; (vi) you do not have permission to port; or (vii) the law says you can’t. Our information leaflet will give you full details of what is required to port, please ask us for a copy or call the Customer Services Department or check under the FAQ on the Sakeng website.

6.3 Port dates.
Technically, porting cannot take place on Sundays or public holidays and can only be activated in the late evening on the port date you request, or the following day.

7. Call line identity

 

7.1 Sending CLI.
If you do not bar CLI in respect of calls made from your phone when you make a call, your phone number may be sent automatically to the called party. When sending an SMS or MMS your phone number or name may be sent automatically and cannot be barred for these messages.

7.2 Receiving CLI.
If a party calling your phone has not barred their CLI, their phone number may be displayed on your phone.

8. What is your and what is our liability?

 

8.1 Porting.
We will not be liable to you or any other person for (i) porting your phone number incorrectly in accordance with your request; or (ii) any delays in or failure to implement a request to port; or (iii) any variation of your phone number; or (iv) rights of use in your phone number coming to an end.

8.2 Third parties.
We aren’t liable to you for any goods or services you order from other companies using your phone, and we do not accept liability for any amounts owing by you to any other supplier for their services. You indemnify us against any claims made against us by your other supplier or if you suffer loss because they are not compatible with our service or your phone.

8.3 Limited liability.
Certain laws can imply warranties or conditions or impose obligations upon us which we can’t exclude, restrict or modify at all or which we can only exclude, restrict or modify to a limited extent. If these laws apply, to the extent to which we can do so, our liability to you arising from or in connection with this agreement will be limited to (i) under certain circumstances refunding you; or (ii) in the case of services, to supplying the services again.

8.4 Indemnity.
You indemnify us against any loss or damage we may suffer arising from or in connection with your being in breach of your obligations.

9. Suspending or disconecting our service

 

9.1 Suspension for network problems.
We may suspend your use of the service or disconnect your SIM from the network without warning, if the network needs urgent maintenance, modification or upgrading.

9.2 Suspension for other reasons.
We may also suspend your use of the services if you (or anyone who uses your SIM) (i) breaches any term of this agreement; or (ii) damages or abuses the network or puts it at risk; or (iii) abuses or threatens our staff; or (iv) provides information that is false or misleading at any time; or (v) as a Prepay customer have not made a chargeable call or incurred a charge for a service within any 90-day period; or any other reason required by law or if so directed by any authority.

9.3 Reconnection charge.
We may charge you a fee to reconnect you to our services, except where clause 9.1 applies.

9.4 Emergency calls.
If we suspend our service, you can still make calls to emergency services.

9.5 Your phone number.
If we suspend your use of the service under clause 9.2 or disconnect your SIM from the network, except if clause 9.1 applies, you may lose your phone number.

10. When our agreements end

 

10.1 Cancellation for any reason.
Either of us may cancel this agreement at any time for any reason by providing the other party with 20 business days’ written notice of cancellation with the required documents for your cancellation to become effective.

10.2 Cancellation for breach
In addition to clause 10.1, we will also be entitled to cancel this agreement if:

(a) you breach an important term of this agreement (like clause 1.2) and you fail to correct that breach within 20 business days’ notice of receiving a notice from us, notifying you that you have breached the agreement;
(b) our partner network operator no longer makes the network available to us; and/or
(c) ICASA orders us to withdraw your phone number.

10.3 Effect of cancellation.
If this agreement is cancelled, (i) the service will be disconnected from the network; (ii) you won’t be able to use the SIM; (iii) you’ll forfeit any top ups and unused data; and/or (iv) you may lose your phone number (unless you port-out).

10.4 Rights on cancellation.
Cancellation will not affect any rights which either of us may have accrued up to the date of cancellation. In addition to any other rights we have at law, if you are in breach, we may retain any monies paid by you, stop providing the services and or require that you pay all outstanding amounts in full.

11. Your personal information

11.1 Your privacy.
The Sakeng Mobile Privacy Policy explains how we’ll handle your personal information. You can see and print a copy of the Privacy Policy from our website or have a copy sent to you by calling our Customer Services department. Your personal information will be stored in a secure environment.

11.2 Disclosure.
We may need to disclose your personal information to our service providers such as Trans Union for storing of information; and/or if required by law. We will only share your personal information to the extent required for the performance of our fabulous services, unless you give us authority to disclose it for other reasons or if required by law.

11.3 Recording. 
We record all calls received by the Customer Services department for your and our protection.

12. Intellectual property rights

 

12.1 IP use. 
You may not use our information or our intellectual property for any purpose not authorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

12.2 Our names.
“Sakeng Mobile” and the Sakeng signature logo is registered trademarks of Sakeng (Pty) Limited.

13. Queries and disputes

 

13.1 Complaints.
If you have a complaint about our service, you can contact us at any time: tell us by writing to us at service@sakeng.co.za or call Customer Services on 135 free from your phone or 0860 Sakeng (725364). We will try to resolve your query or dispute as quickly as possible by escalating it to the appropriate person.

13.2 Still unhappy? 
If we can’t resolve your complaint to your satisfaction, you can refer your complaint to ICASA, for attention Consumer Affairs Division, consumer@icasa.org.za or you may contact the National Consumer Commission.

14. Force majeure

 

We are not liable for any delay in providing any service; any delay in correcting any fault in any service; failure or incorrect operation of any service; or any other delay or default in performance under this agreement if it is caused by an event reasonably beyond our control, including but not limited to civil insurrection, accident, act of God, industrial action, a direction of any sort by ICASA, delay, failure or default by any other supplier or network operator.

15. General

 

15.1 Application.
This agreement applies to all our services. If there is any conflict between these terms and conditions and any other terms and conditions that you may have agreed to with us before, this will be the document to rely on.

15.2 Changes.
We may change the price of any product or service in terms of this agreement at any time in any way, including by withdrawing any product or service offering. If we do this and the change is material and may affect you, we’ll let you know by placing the new version on our website or by sending an electronic message or by other means and within the period permissible at law. If you are unhappy about any change you may terminate this agreement as provided for in clause 10.

15.3 Website.
If you want to use our website, please make sure that you have accepted the terms and conditions that apply, and you may need to register.

15.4 Representations.
You acknowledge that you enter into this agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this agreement, or our other terms and conditions. You therefore release us and each of our officers, agents and advisors from all claims, actions, and demands of any kind (including carelessness) arising from our relationship in terms of this agreement before it began and from discussions leading to it.

15.5 Transfer.
You cannot transfer (i) your MSISDN or (ii) your SIM to anyone else without our consent.

15.6 Severability.
If any term of this agreement is invalid or unenforceable, it will be removed but the remainder of this agreement will remain valid and effective.

15.7 Notices.
All notices sent to you via registered mail will be deemed to have been received by you 4 business days after the date on which they are sent to you. If you expressly request to receive notices by email at an email address chosen by you, we will assume that you received the email at the time of sending. Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.

15.8 Law.
We both agree that this agreement will be interpreted and governed according to the laws of SA, and to the extent that a court has jurisdiction over any matter which becomes a problem between us as a result of or in connection with this agreement, we both consent to the jurisdiction of the Johannesburg branch of the Magistrates Court of SA. We agree that this agreement is entered into in a Sakeng branch, at the time when we accept your request to have access to our services.

15.10 Codes of conduct. 
We may in the future belong to industry organisations and subscribe to industry or other codes. You can ask us for information about this if you cannot find these details on our website. Sakeng Mobile’s own code of conduct can be found on our website and at a Sakeng branch or you can ask for it at any time. This describes our advertising, billing, privacy, access to information and dispute resolution policies and procedures.

15.11 RICA. 
You acknowledge and agree that in certain instances, as prescribed by RICA, we may be required to intercept, block, filter, read, delete, disclose and use communications sent or posted via the network.

16. Dedinitions

 

The following words which we use in this agreement have these meanings:

(a) “agreement” means these Sakeng Mobile standard terms and conditions and the application form that you must fill out when you apply to us for the service, or that we fill out for you at your request;

(b) “business days” means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;

(c) “business info” means the documents and information we ask you for if you are a business or if you represent a business, like an appropriate resolution and proof of the business bank accounts;

(d) “charges” means our charges published by us from time to time in the rate plan or elsewhere, including any charges you must pay us for using our service, for example any charges another supplier passes on to us including, increases, and special or once-off charges like SIM and connection fees to sign you up, or charges to give your account information; and any charges to port you;

(e) “CLI” means caller line identification as we use in clause 7;

(f) “Customer Services department” means the customer care centre which you can contact 0860 725 364 (or 135 free from your phone);

(g) “ICASA” means the Independent Communications Authority of SA and any subsequent or replacement regulatory body;

(h) “ID” means your green identity document, a temporary ID book issued by Home Affairs, your national ID card or your South African passport if you are a South African citizen, and your passport if you are not a South African citizen;

(i) “intellectual property rights” or “intellectual property” means collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by us on or in connection with our website or our services or the network;

(j) “internet services” means the wireless internet services that we and other third-party providers may provide to you;

(k) “message” means an SMS or MMS;

(l) “migrate” means when you ask us and we agree that you can change plans;

(m) “MMS” means a multimedia communication comprising text and pictures;

(n) “MNP” means mobile number portability

(o) “MSISDN” is your phone number and stands for Mobile Station Integrated Services Digital Network;

(p) “network internet coverage” means the geographical area in which you can access and use the internet services;

(q) “network operator” means any person licensed by ICASA to operate an electronic communications network using cellular technology, in SA;

(r) “network” is the digital mobile phone network and/or the wireless platform for internet services in SA that allows you to receive or use our service;

(s) “numbering regulations” means the ICASA numbering plan and numbering regulations published from time to time which is followed by network operators in SA;

(t) “our website” means www.sakeng.co.za;

(u) “phone number” means the phone number you choose or bring with you when you apply for service, or the number we select and issue to you in accordance with the numbering regulations and this agreement;

(v “phone plan” means the way we let you pay for a phone in instalments over the number of months you choose;

(w) “phone” means the phone instrument which you buy from us and/or which you use to access our service;

(x) “port date” means the day you request us to port-in your number or the day you request another network operator to port you out;

(y) “port” or “porting” means when we transfer your phone number from another network operator to us or from us to another network operator, if you have a valid agreement with us;

(z) “port-in” means when you ask us if you can become a Sakeng Mobile customer and bring your phone number with you; and “port-out” means when you leave us and take your phone number with you;

(aa) “Prepay” means what we say in clause 4 and is also known as “prepaid”;

(bb) “Proof of address” means a document that shows your name and home address, such as a bank statement, municipal rates, phone or retail account (not older than 3 months), TV or car licence, current lease agreement, rental or credit agreement, or an insurance policy, or, if you have none of these and you live in an informal settlement, a letter or affidavit;

(cc) “rate plan” means the type of rate plan or package you choose. Our rate plans are published on our website and can be found in store;

(dd) “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2000, as amended.

(ee) “SA” means the Republic of South Africa;

(ff) “security access info” means your password, ID number, security questions and PIN;

(gg) “service” means the digital electronic communications service, internet services and other electronic communications services we and other third-party providers provide to you over the network, and depending on your payment method, may include accessories, phones, itemised billing, VAS; content and top ups;

(hh) “SIM” means the SIM card or Subscriber Identity Module card containing your phone number and which is programmed to allow you access to our service over the network;

(ii) “SMS” means a short message service or text communication;

(jj) “top up voucher” means top up vouchers, payment made to top up by debit order, top ups by ATM or internet banking and credit card payments;

(kk) “top up” means buy and load a top up voucher to access our services, or make a payment to us;

(ll) “unused data” means data that you acquire through the data price plan or package which you do not use by the end of the month;

(mm) “we”, “us” and “our” means “ODEK Telekoms (Pty) Ltd trading as Sakeng Mobile”, company registration number 2018 / 074446 / 07, a company registered in South Africa with registered office at Block A, first floor, 8 Hillside Road, Parktown, 2193.

(mm) “you” and/or “your” means you the customer who applies for and receives our service

(nn) “VAT” means value-added tax, as envisaged in the Value Added Tax Act, 89 of 1991, as amended.