TelePassport Communications (Pty) Ltd — Reg. No. 2004/362
Terms & Conditions
Service Agreement — TelePassport Communications (Pty) Ltd
1. Definitions
In these terms and conditions, the following expressions shall have the meanings set out below:
- TelePassport – TelePassport Communications (Pty) Ltd, registration number 2004/362, a company duly incorporated and registered under the laws of the Republic of Namibia, with principal place of business at 1st Floor, Square Park, Hebenstreit Street, Ludwigsdorf, Windhoek, and trading in Namibia as "0824 Telco".
- Connection – Activation of the Subscriber account to the System.
- Equipment – Telecommunications hardware and related apparatus provided by TelePassport to facilitate the Services.
- Network – Telecommunication networks utilised for the Services.
- Subscriber – The customer named on this agreement who is the user of the Services.
- Service and Services – The telephony services delivered by TelePassport to the Subscriber through the System.
- System – TelePassport's SIP and/or VoIP and/or GSM and/or LCR platforms, enabling least-cost routing and voice over GSM or internet communication.
- Tariff – The published rate for ongoing connection to the System, as revised from time to time.
2. Term and Renewals
- Subject to clauses 3.1 and 9, this agreement shall commence on the date of signature and continue for the initial period(s). Thereafter, it will continue indefinitely until terminated on 90 (ninety) days' written notice by either party.
3. Connection to the System and Provision of Service
- Upon acceptance of this agreement by TelePassport, at TelePassport's discretion, the Subscriber shall be connected to the System within 5 (five) to 10 (ten) business days of receipt of all required documentation, equipment installation (where applicable), and payment of any applicable deposit. TelePassport shall notify the Subscriber of the expected connection date upon acceptance of this agreement.
- TelePassport will use reasonable efforts to maintain the Connection while the Subscriber complies with this agreement.
- TelePassport may set, withhold, or adjust credit limits. The Subscriber authorises TelePassport to make any enquiries necessary to assess creditworthiness on an ongoing basis.
- TelePassport shall provide the Services in accordance with:
- its licence conditions issued by the Communications Regulatory Authority of Namibia;
- the Communications Act and applicable regulations; and
- applicable interconnection and access obligations.
- The Subscriber acknowledges that the Services are subject to national regulatory frameworks and may be affected by regulatory requirements or directives.
- TelePassport reserves the right to implement reasonable network management and fair usage policies to ensure network integrity, security, and performance. Such measures shall be proportionate, transparent, and non-discriminatory.
- While TelePassport shall use reasonable endeavours to minimise disruptions, the Subscriber acknowledges that telecommunications services may be affected by factors beyond TelePassport's control, including network congestion, power failures, interference, and upstream provider failures.
4. Payment and Billing
- The Subscriber shall pay all charges within 30 (thirty) days of invoice.
- TelePassport may require a deposit prior to service activation or extension.
- The Subscriber shall be liable for all charges whether the Services are used or not.
- VAT will apply at the prevailing rate.
- No deductions, set-offs, or counterclaims shall be allowed except for amounts disputed in good faith.
- Interest will apply to overdue accounts at the maximum legal rate.
- The Subscriber will be liable for any industry or government levies, taxes, or tariffs.
- Administrative fees will apply in the case of legal collection action.
- Service Level Agreement (SLA) Fees. The following fees apply to maintenance services provided within and outside the agreed service level:
| Type of Service | Within SLA (per part hour) | Outside SLA (per part hour) |
|---|---|---|
| On-site support (per call-out) | N$750.00 | N$1,200.00 |
| Remote support (AnyDesk Remote Desktop) | N$450.00 | N$650.00 |
- After-hours or emergency call-out fees, charges for on-site visits where the fault is caused by Subscriber equipment or misuse, and charges for repair or replacement of Subscriber-damaged equipment shall be invoiced at rates as published in TelePassport's current tariff schedule, available upon request and at www.0824.na.
- Month-to-Month Packages (no fixed term). To automatically renew a Month-to-Month package for the following month, payment for that month must reflect in TelePassport's bank account on or before the 25th (twenty-fifth) day of the month. Payments received after the 25th do not guarantee auto-renewal, and the service may be deactivated without further notice unless the outstanding amount is settled. The Subscriber accepts that reliance on the 25th cut-off means it is the Subscriber's responsibility to ensure payment is made timeously.
- The Subscriber may view their current usage at any time via TelePassport's customer portal: https://account.0824.na. Usage shown on the portal is indicative and final billing is based on the invoices issued by TelePassport.
5. Ownership of Equipment
- Equipment remains the property of TelePassport unless expressly purchased by the Subscriber.
- Purchased equipment ownership vests in the Subscriber only after full payment and completion of the initial contract period(s).
- The Subscriber shall be responsible for safeguarding and insuring the Equipment.
- Hardware Warranty. TelePassport warrants that all equipment purchased by the Subscriber shall be free from material defects in workmanship and materials for a period of twelve (12) months from the date of purchase (the "Warranty Period"). During the Warranty Period, TelePassport shall, at its sole discretion, repair or replace defective equipment at no charge to the Subscriber, provided that:
- the defect is promptly reported to TelePassport in writing within the Warranty Period;
- the equipment has been properly installed, used, and maintained in accordance with TelePassport's instructions; and
- the equipment has not been tampered with, altered, or repaired by any person other than TelePassport's authorised personnel.
- The warranty set out in clause 5.4 shall not apply to:
- equipment that has exceeded the Warranty Period (i.e., more than twelve (12) months from the date of purchase);
- power-on faults, including but not limited to failure to power on, intermittent power loss, and power supply unit failures;
- curly cords (handset cords), power cords, and similar consumable or sacrificial components subject to ordinary wear and tear;
- consumables and supplies, including but not limited to batteries, fuses, and ancillary accessories;
- faults arising from misuse, abuse, neglect, accident, improper installation, unauthorised modification, or force majeure events;
- equipment on which any serial number has been removed, altered, or rendered illegible; and
- cosmetic damage, including but not limited to scratches, dents, and discolouration not affecting the functional operation of the equipment.
- TelePassport shall have no obligation to provide warranty services in respect of equipment that is not owned by TelePassport or purchased from TelePassport, or where the Subscriber is in breach of any payment obligation under this agreement.
6. Obligations of the Subscriber
- The Subscriber shall:
- Not use the Services for unlawful purposes;
- Comply with TelePassport's reasonable instructions;
- Only use CRAN-approved Subscriber equipment; and
- Avoid acts harming the System, network, or service quality.
- The Subscriber acknowledges that the Services may be affected by interference, network conditions, or other environmental factors.
- The Subscriber indemnifies TelePassport against claims, damages, and losses arising from breach of this agreement by the Subscriber.