VOX R50 a GIG!

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6. ANTI-SPAM POLICY
6.1. Vox will not tolerate spamming and has a zero tolerance policy regarding the transmission of "spam" e-mail/sms by The Dealer.
6.2. Vox requires that all dealers and customers abide by our anti-spam policy and that they expressly warrant that they will not engage in spamming.
6.3. A breach by The Dealer of this policy shall entitle Vox, at its discretion and without limiting Vox's right to enforce any other remedies available to it, to terminate this agreement with immediate effect.
7. SPONSORSHIP RESPONSIBILITES AND CONDITIONS
7.1. A new Vox Dealer must be sponsored by a current Vox Dealer.
7.2. The sponsoring Vox Dealer must abide by the following conditions:
7.2.1. The dealer/sponsor relationship is the foundation of the Vox sales and marketing plan and, as such, the principles and rules of the company protect the rights of the sponsor. Changes of sponsorship are considered to be detrimental to the integrity of the business and are not permitted.
7.2.2. The sponsor will be responsible for training sponsored dealers. Training of dealers must include product knowledge, the marketing plan and rules of conduct, company rules and guidelines for dealers. Support and all material (including The Dealer Kit) will be sourced from Vox.
7.2.3. The Company is responsible for providing sponsored dealers with the Dealer Kit, at the cost of the sponsored dealer.
7.2.4. No sponsor may request payment from a personally sponsored dealer for training or training facilities unless the sponsor wants to participate in such training and states in advance the cost for such training. If the dealer refuses to participate in such paid training, the sponsor is obligated to provide the basic training necessary to learn the business.
7.2.5. A sponsor is responsible for ensuring that sponsored dealers are able to acquire Vox products and/or services within a reasonable period of time.
7.2.6. A sponsor must maintain and uphold the independent relationship between it and its dealers.
7.2.7. A sponsor shall keep its dealers informed of company-sponsored events and, when appropriate, encourage sponsored dealers to attend Vox-sponsored meetings and training, and to participate and support company-sponsored events.
7.2.8. In order to protect the sponsor, no dealer may interfere with the relationship between another dealer and its sponsor in any way. A dealer may not offer, entice, encourage, solicit, or otherwise influence or attempt to persuade another dealer to change sponsor or line of sponsorship, either directly or indirectly.
7.2.9. Vox has the sole and absolute discretion to rescind the acceptance of an application for dealership from a former dealer, at any time in the future, if evidence is provided that shows the former dealer was not completely inactive for the full 1 year waiting period after termination of this agreement for any reason whatsoever, or in circumstances of such dealer having failed to advise Vox of a prior dealership, or if the Dealer did not otherwise meet the terms and conditions as set forth herein. If Vox determines it is necessary to rescind an acceptance of a former dealer due to violation of the rules for protecting the lines of sponsorship then Vox shall be entitled, without limiting its rights to enforce any other remedies available to it including the right to recover damages for any loss it may have suffered as a consequence of the dealer�s conduct, to transfer all the sponsored dealers in the new dealership to the original sponsor's organisation and terminate this agreement.

8. EQUALITY OF OPPORTUNITY
The Vox opportunity is open to people from all walks of life, regardless of sex, race, nationality, religious beliefs or political affiliations. Applicants must be over the age of 18 years and otherwise legally capable of entering into a contractual agreement.
9. GENERAL
9.1. The Dealer must comply with all local and national laws and regulations and shall not engage in any business practice or activity that could discredit or damage the image or reputation of Vox or that is determined by Vox, in its absolute discretion, to be conduct unbecoming of a Vox dealer.
9.2. All Vox dealers are independent business persons and The Dealer shall not represent or imply that it has any employment relationship with Vox or with any of its affiliated companies. The Dealer may not use the words employee, agent or company representative verbally or any other stationery, business cards or other printed material.
9.3. The Dealer may not knowingly submit false or misleading information to Vox. Violation of this rule may lead to rejection of The Dealer's application or termination of the dealership.
9.4. Without prejudice to the other right of Vox under these rules of conduct and other rules and regulations of the company, The Dealer shall indemnify Vox from and against all actions, claims, demands, prosecutions, fines, penalties and the costs thereof (including Vox's legal costs), which might be made or brought against Vox in respect of, or arising directly or indirectly out of, any breach of any laws or regulations applying to the operation of its dealership. Vox shall have no liability to The Dealer in respect of any cost, loss, damage or expense suffered by The Dealer directly or indirectly as a result of any act, omission, representation or statement of The Dealer.
9.5. The Dealer must comply with all Vox rules of conduct, policies and procedures and any amendments or additions together with any procedures, recommendations, guidelines or instructions issued by Vox from time to time.
9.6. The Dealer may be approached from time to time by reporters interested in interviewing it about the Vox products, services or business. While Vox appreciates the interest expressed in the products and business opportunity, only Vox may grant interviews or authorise advertising of the company or product names. Only authorised officials of Vox are permitted to speak with or write to the press or other media for, or on behalf of, Vox or any of its subsidiaries. If The Dealer should be approached with a request for an interview or statement, advise the reporter to contact Vox directly.

10. CHARGES
10.1. In the event that Vox requires payment for the services provided to The Dealer to be made by debit order, The Dealer will commit a breach of this agreement if The Dealer:
10.1.1. Cancels such debit order without the written consent of Vox.
10.1.2. Changes his banking details upon which the debit order relies, without giving Vox prior notification of such change and providing Vox with The Dealer's new banking details.
10.2 The Dealer hereby authorises Vox to debit any other bank account held by The Dealer for the costs owed by The Dealer to Vox in terms of this agreement.
11. ANNUAL PROCESSING FEE
11.1. Subject to clause 18 below, The Dealer shall be obliged, in order to maintain its rights pursuant to this agreement and to continue to earn the commissions payable in terms hereof, to pay an annual processing fee in the amount specified in the Dealer Kit and/or the Vox website to Vox. In consideration for the fee, Vox agrees to provide certain computer processing services to dealers which services are limited to maintaining discount rates, lineage records and qualification.
11.2. Unless The Dealer notifies Vox pursuant to clause 18.1 of the termination of this agreement, The Dealer hereby authorises Vox, on each anniversary of this agreement, to deduct from The Dealer�s bank account via the debit order referred to in clause 10.1 the annual processing fee. In the event that for any reason whatsoever the payment of the annual processing fee is not paid by the due date thereof, this agreement shall automatically terminate with immediate effect.
11.3 Should this agreement terminate due to non-payment of the annual processing fee the Dealer will have to wait 1 year before it will be entitled to apply to become a dealer again.
11.4. Responsibility lies with The Dealer to ensure the annual processing fee is paid on the due date.

 

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12. PRODUCTS AND SERVICES
12.1. All products and services are solely owned by Vox, unless otherwise stated.
12.2. At no point will The Dealer hold stock of any products and/or services. All products and/or services will be distributed by Vox.
12.3.The Dealer shall only be entitled to market and sell the products and/or services at the prices and upon the terms and conditions as notified to it by Vox from time to time.
12.4. The Dealer must explain the directions for use and cautions, if any, specified on product labels when selling the products and/or services to customers.
13. TERRITORIES
13.1. Vox does not allocate a territory to any dealer. The Dealer may not in any way imply that they represent any geographical area.
13.2. The Vox products and/or services are only available to citizens residing within South Africa.
14. ADVERTISING AND DOCUMENTATION
14.1. The Dealer shall be entitled, during the term of the dealership created by this agreement and any extension thereof, to advertise and hold itself out as an authorised Dealer of the products and/or services. At all times during the term of the dealership created by this agreement and any extension thereof, the Dealer shall use the trademarks, trade names and logos provided by Vox in all advertisements and other activities conducted by the Dealer to promote the sale of the products and/or services.
14.2. All advertising, promotional material and collateral must be sourced from Vox and must strictly adhere to all procedures outlined in the marketing material section on the Vox website.
14.3. All material making use of the Vox trademarks, trade names and logos is copyrighted by Vox and, as such, shall not be reproduced, copied or altered without the express agreement of Vox.
14.4. The Dealer shall submit examples of all proposed advertisements and other promotional materials for the products to Vox for inspection and The Dealer shall not use any such advertisements or promotional materials without having received the prior written consent of Vox to do so.
14.5. The Dealer shall not, pursuant to the agreement or otherwise, here or acquire any right, title or interest in or to Vox's trademarks.
14.6. The Dealer may not delete, add, modify or alter any label, literature, material or packaging of a Vox product, logo, trade name or trademark.
14.7. The Dealer may not display or mention the name of any Vox product, trademark or trade name in any material produced by The Dealer (including video and audio recordings), unless such material has been approved by Vox.
14.8. It is not permitted for The Dealer to advertise Vox's products and/or services without the express permission of Vox. This includes print and online media channels, as well as the broadcast of video or audio recording of any kind).
14.9. The Dealer may list itself in the telephone directory or yellow pages under the heading Vox Independent Dealer . The only information that may follow this is The Dealer's contact details. Any directory display advertising may only use the Vox logo provided by Vox.
14.10. In addition to Vox's policies, The Dealer must comply with any and all local and national ordinances, laws or other regulations when promoting Vox products and/or services, as well as the business opportunity. It is the responsibility of The Dealer to determine what these may be and how they apply to The Dealer.
14.11. Written consent must be received from Vox if The Dealer wishes to use full and exact reproductions of articles or materials contained in official Vox material.
14.12. The Dealer may use Vox-produced literature and promotional material solely for the purpose of conducting business as a Vox Dealer.
14.13. In the event that Vox determines that non-Vox-produced sales aids and materials supplied by The Dealer violates any applicable law, this Agreement, or any other rules and regulations published by Vox from time to time, or impairs the Vox business or damages its reputation, Vox reserves the right to instruct The Dealer to cease producing, supplying or distributing the sales aids and materials. If The Dealer fails to comply, Vox is entitled to sanction The Dealer, including termination of the Agreement and hold The Dealer responsible for any costs, losses, damages or any other liabilities suffered by Vox as a result of the production or distribution of such materials.
15. COMMISSION PAYABLE
15.1. The Dealer, not being an employee of Vox, shall not receive a salary or any of the benefits due to employees from Vox but shall earn only commissions from Vox for the referral of subscribers to Vox as prospective customers of Vox products and/or services.
15.2. The commission so payable (both the amount thereof and payment terms applicable thereto) is reflected in the Dealer Kit and on the Vox website
15.3. Vox agrees to pay 100% of the commission entitlement due to The Dealer on condition that:
15.3.1. No amounts are outstanding and due by the customer/subscriber;
15.3.2. The customer/subscriber agreements are valid and in force;
15.3.3. The Dealer Agreement is valid and in force;
15.3.4. Should Vox be obliged for any reason whatsoever and howsoever arising to refund any amounts to any customer by reason of the cancellation of such customer�s agreement for the supply of products and/or services, Vox shall be permitted to claw back the commissions which may have been paid to the Dealer in respect of such refunded amounts;
15.3.5. Should The Dealer not sign up a new dealer or sell a product for a period of 6 months, Vox reserves the right to re-classify The Dealer as "inactive" and to therefore forfeit his/her right to earn commission until such time as The Dealer signs up a new dealer or sells a product;
15.3.6 All commissions payable by Vox to The Dealer shall be paid into such bank account as may be nominated on the Vox website from time to time. It shall be The Dealer�s responsibility to ensure that all bank account details so furnished are correct;
15.3.7 No amounts under R100 will be paid to The Dealer. These amounts will be accumulated and upon reaching the amount of R100, The Dealer will then be paid the amount owing.
16. NON-DISCLOSURE AND CONFIDENTIALITY
16.1The Dealer, by virtue of its appointment in terms of this agreement may become possessed of and may access to Vox�s trade secrets, know-how and confidential information including, but without limiting the generality of the aforegoing, the following matters, all of which are hereinafter referred to as "the trade secrets" �
16.1.1 distribution and marketing know-how, processes and techniques in relation to the products and/or services;
16.1.2 knowledge of Vox's suppliers, dealers and other business associates;
16.1.3 knowledge of Vox�s marketing, sales, distribution and other strategies;
16.1.4 the contractual arrangements between Vox and its suppliers, dealers and other business associates;
16.1.5 the financial details of Vox's relationship with its suppliers, dealers and other business associates;
other matters which relate to the business of Vox, and in respect of which information is not readily available in the ordinary course of the business to a competitor of Vox.
16.2 If, on termination of this agreement or at any time during the currency of this agreement for any reason whatever, the Dealer becomes associated with or interested in a competitor of Vox, Vox's proprietary interests in the trade secrets will be prejudiced.
16.3 Having regard to the facts recorded above, the Dealer irrevocably undertakes, in favour of Vox, its successors-in-title and assigns, that in order to protect the proprietary interest of the trade secrets �
16.3.1 It will not at any time during the currency of this agreement or at any time thereafter either in any way whatever use or directly or indirectly divulge or disclose to others (except as required by the terms and nature of this agreement) any of the trade secrets;
16.3.2 any written instructions, drawings, notes, memoranda or records (in whatever media they are contained) relating to the trade secrets which have been or are made by the Dealer or which come into its possession at any time during the currency of this agreement, shall be deemed to be the property of Vox and shall be surrendered to Vox on demand and in any event on the termination of this agreement and the Dealer shall not retain any copies thereof or extracts therefrom.
17. RESTRAINT OF TRADE
17.1. During the term of this agreement and for a 3 (three) month period thereafter (�the restraint period�), The Dealer shall not offer, invite, encourage or otherwise attempt to induce any other Vox dealers to join other companies or to purchase or sell products or services other than Vox products.
17.2. The Dealer may not, during the restraint period, distribute literature or other material that promotes any other organisation or individual, whether religious, political, business or social, or that implies any association between Vox and any other organisation. Violation of this rule could lead to termination of the dealership.

 

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17.3. Business activity of any kind in any other country or territory outside of South Africa, including but not limited to: selling product, attempting to register products or marketing plans, sponsoring dealers, advertising, conducting meetings or in any way offering Vox products and/or services is strictly prohibited.
18. DURATION AND TERMINATION
18.1. This agreement shall commence on the Commencement date and subject to any other provisions of this agreement the application of which may result in the termination of this agreement shall endure for successive 12 (twelve) month periods unless terminated by either party on written notice to the other at least 30 (thirty) calendar days prior to the expiration of any 12 (twelve) month period.. Any such written notice shall be effective on the expiration of the 12 (twelve) month period in question
18.2 The Dealer shall, however, be entitled, within 5 (five) working days of commencement of this agreement, to withdraw from this agreement and to obtain reimbursement of any payment (without any form of penalty for such withdrawal) made by Dealer in respect thereof provided that Dealer tenders return of all documentation, stock, products, intellectual property and the like to Vox and bears all costs involved in returning same in perfect condition in the original packaging and with all accessories and manuals intact. All costs incurred by Vox in collecting the aforegoing (including, without limitation, the costs of collection and packaging) will be deducted from any amounts which may be owing by Vox to The Dealer.
18.3. If this agreement is terminated �
18.3.1 by either party on notice pursuant to clause 18.1; or
18.3.2 by reason of the provisions of clause 18.4;
provided that The Dealer continues to comply with all the provisions of this agreement which survive the termination of this agreement, including, without limitation, clause 17 hereof The Dealer shall continue to receive any commission due to it (excluding any commission on new or renewed contracts entered into by any subscribers via another dealer) for a period of 3 (three) calendar months following the date of termination hereof, whereafter The Dealer shall have no further entitlement to any commission from Vox of whatsoever nature.
18.4 If The Dealer is a person and not a legal entity, and The Dealer dies, then this agreement shall be deemed to have been terminated by The Dealer on the date of The Dealer's death and the provisions of clause 18.3 shall apply mutatis mutandis.
18.5 Should The Dealer breach any material term of this agreement then Vox shall be entitled, without prejudice to any of its other rights under this agreement and/or in law and by giving written notice, to immediately terminate this agreement or to claim immediate specific performance of all of The Dealer�s obligations whether or not due for performance, in either event without prejudice to Vox�s right to claim damages. With effect from the date of such notice, The Dealer shall have no entitlement to any commission of any kind from Vox. The Dealer shall pay all legal costs, including attorney/own client costs, tracing agent's fees and collection charges that Vox may incur in taking any steps pursuant to any breach of these terms and conditions by The Dealer. It is specifically recorded and agreed that the provisions of clauses 6.3, 7.2.9, 9.1, 9.5 , 11.2, 14.13 and 17 shall be deemed to be material terms of this agreement for the purposes of this clause 18.5.

19. OBLIGATIONS ON TERMINATION OF THIS AGREEMENT

Upon termination of this agreement:
19.1. The Dealer must return the official Dealer Kit to the immediate sponsor;
19.2. The Dealer shall not be entitled to any refunds of any monies paid by The Dealer to Vox during the currency of this agreement other than the refund of the annual processing fee in the circumstances of clause 18.3.3;
19.3. The Dealer may only re-apply to become a dealer again after the expiration of at least a 1 year period reckoned from the date of termination hereof;
19.4. The Dealer will remain liable for unpaid debts owed to Vox or for liabilities for violations of the Vox rules of conduct or any other rules and regulations that govern the business practices of dealers;
19.5. other than in circumstances of clause 18.3, no further customer commission will be allocated to The Dealer. Upon the expiration of Vox�s obligation to allocate any commissions to The Dealer, The Dealer's downline will be rolled up to The Dealer's immediate sponsor; and
19.6 Vox shall be entitled to recover possession immediately, and without notice, of all of its property which may have remained in the possession of The Dealer consisting, inter alia, of Vox's documentation, stock, products and the like.

20. LIMITATION OF LIABILITY
20.1. Vox disclaims all liability of whatever nature to The Dealer in connection with Vox's performance, the product and/or services provided and/or a subscriber's use of such products and/or services. In no event will Vox be liable to The Dealer for special, indirect, or consequential damages of any kind, including but not limited to, loss of profits, caused by Vox, or by Vox's employees, agents or representatives.
20.2. Any liability of Vox for breach of this agreement will not exceed, in the aggregated of damages, costs, fees and expenses capable of being awarded to The Dealer, the total amount paid to such Dealer as commission in the quarter preceding the one in which the breach occurred.
21. NON SOLICITATION
The Dealer undertakes that neither it nor any person in or by which it is directly or indirectly interested will during the currency of, or subsequent to the termination of, The Dealer agreement and whether for reward or not, directly or indirectly:
21.1. Encourage or entice or incite or persuade or induce any employee of Vox to terminate his employment with Vox; or
21.2. Furnish any information or advice to any employee then employed by Vox or to any prospective employer of such employee or use any other means which are directly or indirectly designed, or in the ordinary course of events calculated, to result in any such employee terminating his employment with Vox and/or becoming employed by or, directly or indirectly, in any way interested in or associated with any other person, or attempt to do so.

 

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22. VOX WEBSITE
22.1. The website (http://www.vox.co.za) is run by Vox.
22.2. Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Vox bank account, the details of which will be provided on request.
22.3. Credit card transactions will be acquired for Vox via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
22.4. Customer details will be stored by Vox separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
22.5. The merchant outlet country, at the time of presenting payment options to the cardholder, is South Africa. Transaction Currency is South African Rand (ZAR).
22.6. Vox takes responsibility for all aspects relating to the transaction, including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
22.7. The Vox website is governed by the laws of South Africa.
22.8 Copyright and all intellectual property rights in all text, graphics, logos, button icons, images, audio clips, databases and software utilised or appearing on the Vox website(collectively �the materials�), is the property of Vox, alternatively Vox is the lawful user thereof and are protected by South African and international intellectual property laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of the materials is the exclusive property of Vox and protected by South African and international copyright laws. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the Vox website are registered and unregistered trademarks of Vox. Nothing contained on the Vox website should be construed as granting any licence or right to use any trademark without the prior written permission of Vox.
23. DISCLOSURE OF PERSONAL INFORMATION
23.1. Vox shall take all reasonable steps to protect the personal information of users.
23.2. For the purpose of this clause, personal information shall be detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
23.3. The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000.act2.pdf.
23.4. The Dealer understands that the personal information given in the Dealer Application form may be used by Vox for the purposes of assessing credit worthiness.
23.5. Vox has The Dealer's consent at all times to contact and request information from any persons, credit bureau or businesses including those mentioned in the Dealer Application form and to obtain any information relevant to The Dealer's credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time customer has dealt with each supplier, type of products and/or services purchased and manner and time of payment.
23.6. The Dealer agrees and understands that information given in confidence to Vox by a third party on The Dealer will not be disclosed to The Dealer.
23.7. The Dealer hereby consents to and authorises Vox at all times to furnish credit information concerning The Dealer's dealing with Vox to a credit bureau and to any third party seeking a trade reference regarding The Dealer in his dealings with Vox.
24. DOMICILIUM
24.1 Vox chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: Block B, Rutherford Estate, 1 Scott Street, Waverley, South Africa
24.2. The Vox contact details are as follows:
24.2.1. Email: [email protected]
24.2.2. Phone: 087 805 9111


25. GENERAL
25.1. Vox reserves the right in its sole discretion to vary or amend these terms and conditions. Vox shall publish any such amendments on the Vox website. The Dealer acknowledges and agrees that it is solely responsible for reviewing any such amendments on Vox�s website from time to time and to make itself aware of any such changes. For the avoidance of doubt, it shall not be a defence against any assertion that The Dealer accepted the amendments to this agreement, that The Dealer was not aware of such changes.
25.2. This contract, as amended from time to time, represents the entire agreement between Vox and The Dealer and shall govern all future contractual relationships between Vox and The Dealer.
25.3. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of Vox. No agreement, whether consensual or unilateral or bilateral, purporting or obliging Vox to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of Vox.
25.4. No relaxation, indulgence or extension of time which Vox may grant The Dealer shall prejudice or be deemed to be a waiver or novation of any Vox rights in terms of these terms and conditions.
25.5. The Dealer undertakes to notify Vox within 7 (seven) days of any change of address or change in member, director, shareholder, address or the information as set out in this Agreement.
25.6. The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this contract.
25.7. Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.

 

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26. FORCE MAJEURE
If Vox is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement due to any reason and/or cause beyond the control of Vox or by reason of force majeure, Vox shall be relieved of its obligations in terms of this Agreement during such period.
27. LAW AND JURISDICTION
27.1. These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa
27.2. The Vox products and/or services are only available to citizens residing within South Africa.
27.3. Vox shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate�s Court be entitled to institute action out of such court.
27.4. A certificate issued and signed by any director, member or manager of Vox, whose authority need not be proved, in respect of any indebtedness of The Dealer to Vox or in respect of any other fact shall be prima facie proof of The Dealer�s indebtedness to Vox in terms of this contract.
27.5. Any print out of computer evidence tendered by Vox shall be admissible evidence and The Dealer shall not be entitled to object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
27.6. The Dealer�s address in the Dealer application form shall be recognised as The Dealer�s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount or communications of whatever nature.
27.7. In the event of The Dealer breaching any of its obligations and/or failing to timeously make payment of any amount to Vox, The Dealer agrees to pay, and shall be liable to pay, all legal costs incurred by Vox in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, tracing agent�s fees and air fares.
27.8. Any document will be deemed duly received by The Dealer within:
27.8.1. 3 (three) working days of pre-paid registered mail to any of The Dealer�s business or postal addresses or the domicilium address of The Dealer, or to the personal address of any director, member or owner of The Dealer; or;
27.8.2. 24 (twenty four) hours of being faxed to any of The Dealer�s fax numbers or any director, member of owner�s fax numbers; or
27.8.3. on being delivered by hand to The Dealer or any director, member of The Dealer; or
27.8.4. 48 (forty eight) hours if sent by overnight courier.
27.9. The Dealer agrees that neither Vox nor any of its employees will be liable for any negligent or innocent misrepresentations made to The Dealer, nor shall The Dealer be entitled to resile from these terms and conditions on those grounds.
28. ARBITRATION
28.1. Vox may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on The Dealer and Vox.
28.2. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate



Customer Terms and conditions
1.1 Vox Telecom Limited (�Vox Telecom�) is South Africa�s leading alternative Telecommunications Company and has over 10 years experience in the telecommunications (telco) sector. As a division of Vox Telecom, Vox Telepreneur and subsidiaries of Vox Telecom (collectively �the Vox group�) sell voice and data products and services.
1.2 The following rules of conduct and customer�s policies have been established for The Customer�s protection. We encourage you to read and understand them so that you are fully aware, not only of your own obligations, but also for your rights as The Customer. We believe that the Vox group�s products and marketing plan are the best in the industry. Vox Telecom is committed to maintaining integrity of the business, its sales and marketing plan, and its distribution network of independent dealers. Vox Telecom reserves the right in its absolute discretion to waive wholly or partially or to pardon or forgive wholly or partially any breach of any of the rules contained within this agreement.
1.3 This agreement pertains to all products and/or services purchased from the Vox group from time to time, unless stated otherwise by the Vox group.
2. INTERPRETATION

2.1. These terms and conditions refer to the products and/or services as indicated on any official company forms, price lists, quotations, orders or invoices.
2.2. Vox Telepreneur shall be referred to as Vox or The Supplier.
2.3. Products and/or services refer to the goods, equipment, products and/or services supplied or rendered by Vox to The Customer pursuant to any order placed by The Customer with Vox.
2.4. The Customer shall mean the person whose name appears on the dealer application, or in any other circumstances, any person or persons at whose request or on whose behalf The Supplier undertakes to supply any products, do any business, or provide any advice or service.
2.5. The Dealer or The Sponsor refers to the primary reseller of products and/or services of the Vox group.
2.6. Words importing any one gender shall include the other two genders.

 

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3. QUOTED AND LISTED PRICES
3.1. The price of and rebates applicable to the products and/or services sold or services rendered shall be the usual price as set out in the Vox price list, available on the Vox website (http://www.vox.co.za/) at the time of the sale of the products and/or services.
3.2. Vox has the right to change the prices of and rebates applicable to the products and/or services from time to time on the basis set out in clause 17.1.
3.3. The validity of any price or rebate quoted is subject to availability.
3.4. Any quote provided to The Customer by a registered Vox Dealer may be changed at any time in the event of any increase in the cost price of the products and/or services, including currency fluctuations. Price increases will only be effected if the products and/or services have not yet been dispatched to The Customer.
3.5. Unless otherwise expressly stated, prices stated on the Vox website are inclusive of value added tax (VAT), which shall be for the account of The Customer. The Customer shall pay or reimburse to The Supplier the amount of any VAT simultaneously with the purchase price.
4. PAYMENT TERMS

4.1. The Customer shall pay the amount on the tax invoice. Payment is due immediately save for credit-approved customers, in which event payment is due within the terms as specified in The Customer�s credit agreement with Vox.
4.2. Debit orders shall be instituted against The Customer for any products and/or services provided by The Supplier. All mandate requirements are satisfied upon acceptance by The Customer of the terms of this agreement. The Customer will be deemed to have committed a breach of this agreement if The Customer:
4.2.1. Cancels such debit order without the written consent of Vox.
4.2.2. Changes his banking details upon which the debit order relies, without giving Vox prior notification of such change and providing Vox with The Customer�s new banking details.
4.3. The Customer hereby authorises Vox to debit any the bank account notified by The Customer on the Vox website (or otherwise in writing) for all amounts owed by The Customer to Vox in terms of this agreement. It shall be The Customer�s responsibility to ensure that all bank account details so furnished are correct. Vox shall be entitled to rely on the bank details so provided by The Customer and shall have no obligation of whatsoever nature to verify the correctness or accuracy of any information so provided. The Customer is advised to ensure that the password and member number provided to it by Vox upon its purchase of any of the products and/or services are kept strictly confidential. Vox shall not be liable in any circumstances for any loss or damage suffered by The Customer as a consequence of its password or member number being accessed by anyone other than The Customer.
4.4. Payment is due monthly in advance, with all payments debited on the 1st (first) day of each month.
4.5. Where The Customer uses a postal service or courier service to effect payment, such services shall be deemed to be the agent of The Customer. Likewise, where The Customer uses Internet banking, the bank shall be deemed to be the agent of The Customer.
4.6. The Customer has no right to withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment terms of any nature will be granted unless reduced to writing and signed by The Customer and a duly authorised representative of Vox.
4.7. Vox shall have the right to suspend deliveries and to exercise its rights in terms of clauses 9.1 and 19 if any amount due by The Customer is unpaid.
4.8 Unless the customer notifies Vox in writing within 3 (three) days of receipt of an invoice to the contrary, the contents of such invoice shall be deemed to be correct.

5. CREDIT FACILITIES
5.1. Vox�s decision to grant credit facilities to The Customer and the nature and extent thereof is at the sole discretion of Vox.
5.2. Vox reserves the right to withdraw, increase or decrease any credit facilities at any time without prior notice.
6. PLACING ORDERS
6.1. The Customer hereby confirms that the products and/or services on the tax invoice issued duly represent the products and/or services ordered by The Customer at the prices agreed to by The Customer and where performance/delivery has already taken place that the products and/or services were inspected and that The Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. The Customer is furthermore deemed, upon acceptance of these Terms and Conditions, to be fully acquainted with the provisions of all installation guides, user manuals and the like pertaining to the products and/or services.
6.2. Vox will accept all written and verbal orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from Vox. Vox will not be responsible for any errors or misunderstandings occasioned by The Customer�s failure to make the order in writing. Vox may require The Customer to confirm verbal orders in writing before acceptance of such orders by Vox.
6.3. Orders shall constitute irrevocable offers to purchase the products and/or services in question at the usual prices of Vox as at the date when The Customer places the order of the products and/or services and shall be capable of acceptance by Vox by the delivery of the products and/or services, written acceptance or confirmation of the order.

 

[Rubberpigg]

And this

7. DELIVERY

7.1. Subject to availability and receipt of payment, requests will be processed within 2 (two) working/business days.
7.2. Unless otherwise agreed, products and/or services shall be delivered to The Customer at the physical address provided by The Customer on the application form. The Customer shall be obliged to effect its own installation of the Vox ADSL Phone. The installation of the Vox ADSL PBX shall be effected, at The Customer�s cost, by an accredited installer notified by Vox to The Customer, unless otherwise agreed in writing by Vox. To the extent that the products and/or services purchased by The Customer require installation by such a third party, The Customer shall, at its own cost and expense, ensure that the installation area/s, electrical outlet/s, connection requirements and access way/s be suitable for the installation, passage and electrical connection of the products when they are delivered for installation and thereafter. If special lifting tackle or rigging operations are necessary for the installation of the products, all charges connected therewith shall be paid for by The Customer. The Supplier accepts no responsibility in respect of or liability arising out of such installation or the actions or omissions of any such third party installer.
7.3. Only when the delivery waybill is signed by The Customer and/or its authorised representative and/or its nominated agent and held by Vox, shall prima facie proof be accepted by The Supplier that delivery was made to The Customer.
7.4. Vox shall be entitled to split the delivery of the products and/or services ordered in the quantities and on the dates it decides with the prior consent of The Customer, which consent shall not be unreasonably withheld.
7.5. Vox engages a third party on its behalf to transport any products and services purchased by The Customer.
7.6. Vox does not guarantee that the products and/or services will be dispatched or delivered on any particular date and time, and The Customer shall have no claim against Vox in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any products and/or services, nor may The Customer cancel any order by reason of such reasonable delay.
7.7. Short deliveries or products and/or services damaged in transport must be reported to Vox head office within 24 (twenty four) hours of receipt.
7.8. All products and/or services taken on an evaluation, approval or demonstration basis or all products and/or services taken on consignment by The Customer are deemed sold to The Customer within 5 (five) working days of issue if not returned to Vox in a perfect condition in the original packaging and with all accessories and manuals intact. The Customer shall, however, be entitled, within 5 (five) working days of receipt of the products and/or services, to withdraw from this agreement and to obtain reimbursement of any payment (without any form of penalty for such withdrawal) made by The Customer in respect thereof provided that The Customer tenders return of the products and/services to Vox and bears all costs involved in returning same in perfect condition in the original packaging and with all accessories and manuals intact. All costs incurred by Vox in collecting the aforegoing (including, without limitation, the costs of collection and packaging) will be deducted from any amounts which may be owing by Vox to The Customer.
7.9. Delivery costs shall be the responsibility of Vox where explicitly specified by Vox, otherwise Vox reserves the right to charge delivery charges, as and when necessary.

8. SUPPLY OF THE PRODUCTS

8.1 Grant of right of use
8.1.1 The Supplier hereby grants the rights of use and enjoyment of the products and/or services to The Customer, which hereby accepts such grant of use and enjoyment of the products, subject to the provisions hereof and for the duration specified of this agreement.
8.1.2 The Customer specifically agrees that it will not hold The Supplier liable for any defects, breakdown or insufficiency in the products or as a result of a failure of the products or The Customer's inability to use the products.
8.2 Rental
8.2.1 The rental payable by The Customer to the Supplier for the use and enjoyment of the products shall be the amounts published by Vox from time to time.
8.2.2. Rentals stated in this agreement have been calculated after taking into consideration: current supplier list prices; all bona fide importation costs including but not limited to freight, clearing, rigging, handling, packaging, insurance, transport and sales/customs/ad valorem duty, rates of exchange; the then current prevailing short to medium term money market rates; costs of conforming to statutory obligations and or regulations and all other similar costs (hereinafter referred to as "the rental costing factors").
8.2.3 In the event that any of the rental costing factors should change, then, without derogating from anything aforementioned, The Supplier may adjust the rentals so that The Supplier maintains the internal rate of return it enjoyed immediately prior to the said change. Any adjustment to the rentals shall take effect upon the first day of the month/quarter/halfyear/ year following the date of the change.
8.2.4 If at any stage after the date of signature hereof by The Customer and during the subsistence of this agreement the prime rate changes, then without derogating from anything aforementioned, The Supplier may adjust the rentals so that The Supplier maintains the internal rate of return it enjoyed immediately prior to the said change. Any adjustment to the rentals may be made with effect from the date of the change, but in any event shall, if adjusted, be made not later than the first day of the month/quarter/halfyear/year following the date of the change. Any variations in the rental in terms of this agreement due to a variation in the prime rate shall be effective not withstanding any failure on the part of The Supplier to notify The Customer of such variation in the interest rate or any failure of The Supplier to recover any varied rentals from The Customer. The Customer shall be obliged to pay the adjusted rentals from the date of such change.
8.2.5. The Customer shall not be entitled to withhold any payment from The Supplier for any reason whatsoever, nor shall The Customer set off against any rental and any other amount payable, any present or future claim which The Customer may have against The Supplier from any cause arising.
8.2.6. All monies paid by The Customer in terms hereof shall be applied in the first place to the payment of any additional amounts payable by The Customer to The Supplier and the balance shall be applied to the payment of the rental set out in this agreement. The Supplier may, not withstanding the above, in its own discretion and without notice to The Customer, apply any moneys received by it from The Customer, in payment of any other amount due by The Customer to The Supplier, whether in respect of products and/or services sold, services rendered, moneys advance or any other debt whatsoever. The Customer shall forthwith settle any short fall in the amounts due in terms of this agreement, which may arise in this manner.
8.2.7. It is expressly agreed that the rentals do not include any payment in respect of maintenance or repairs of the products and/or services.
8.3 Liability and indemnity
8.3.1 The Supplier shall not be liable to The Customer for any loss or damage which The Customer may suffer or incur as a consequence of utilising the products and/or services irrespective of whether such loss or damage is direct or consequential. Without limiting the generality of the aforegoing, the Supplier shall not be liable for any damage or loss suffered by The Customer caused by and/or attributable to
8.3.1.1 the use or possession of the products and/or services;
8.3.1.2 late commissioning of the products and/or services whether or not such late commissioning is occasioned by any fault and/or negligence on the part of The Supplier;
8.3.1.3 the fact that the products and/or services are not functioning properly or at all at any particular stage.
8.3.2 The Customer hereby indemnifies and holds The Supplier harmless from any and all loss, injury, damage, fines, penalties and claims whatsoever and howsoever arising from or connected with the products, the installation and commissioning of the products and/or services and/or the use or possession thereof and whether or not such claims are caused by any act or omission of The Customer or anyone else.
8.4 Ownership of the Products
It is expressly agreed that the products shall at all times be and remain the sole and absolute property of The Supplier. At no stage during the period of this agreement or thereafter will The Customer or any person on its behalf acquire ownership of the products in terms of this agreement. On the termination of this agreement, for any reason whatsoever, the products shall be returned to The Supplier at an address nominated by The Supplier in the same condition as existed at the commencement of this agreement, fair wear and tear excepted, and The Customer or any person on its behalf shall not after termination of this agreement be entitled to retain the possession, use or enjoyment of the products.

 

[Rubberpigg]

I am not even near the end.
I am going to stop now because I do have a life.

Vox,thanks but no thanks.

 

[ijack]

I have just bought a GB and its pretty good.

I however think that a setup fee should not be charged in this day and age.

 

[jirm]

{embarrassing moment} I may have made an error in the calculation of the VOX bandwidth cost { more embarrassing moments } , apologies to all.