Evotel: Terms & Conditions

Welcome to the Evotel terms & conditions page.

1. DEFINITIONS
   “browser” means a computer program which allows a person to surf the internet and access websites;
   “content” means, include but not limited to, software and material;
   “customer” means a visitor who is –
   (a) registered with Evotel via the “Register“ option on the Evotel website; walk-in customers at Evotel’s registered offices and partner offices; and
   (b) transacts with Evotel via the Evotel website; and but are not limited to, the special categories “customers”, “company secretaries” and “banks”;
   “data” means electronic and manual representations of information in any form;
   “discontinue service” means the withdrawal of the offering or functionality of a service in part or in total;
   “ECT” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
   “forums” means, including but not limited to, bulletin boards, chat rooms and other public areas found on, or linked from, the Evotel website;
   “internet use” means both external clients and internal officials who have access and use internet facilities;
   “material” means, including but not limited to, text, submissions, images, audio and/or video in whole or in part;
   “office hours” means period between 07:30 and 16:00 from Monday to Friday, excluding public holidays & weekends.
   “privacy statement” indicates how Evotel will respect the privacy of its website users;
   “service” includes but are not limited to, the disclosing of information or submission of an application or form via any of the authorised Evotel transaction or enquiry channels for which a fee may or not be payable;
   “signature” means any traditional or electronic signature authorised by Evotel in terms of the Companies Act, 71 of 2008 which include but is not limited to:
   (a) Biometrics e.g. finger print verification;
   (b) One time pins; or
   (c) Customer code login;
   “software” means, including but not limited to, any images or files incorporated in or generated by the software or data accompanying such software;
   “submissions” means, including but not limited to, notes, images, creative materials, ideas, suggestions, concepts, communication, documents, applications or forms including any data, questions, comments and other information submitted via any of Evotel’s authorised channels including but not limited to its website via transmission by electronic mail, electronic data or otherwise; and
   “visitor” means a person who uses and/or accesses computer software and/or material via any of the Evotel channels including but limited to is website.

1. Introduction
   Welcome to Evotel.co.za , please take a moment to read our Terms and Conditions in order to understand how they apply to your use of our website. These Terms and Conditions apply to your use of our website, evotel.co.za. All users are bound by these Terms and Conditions and by registering or using the site at all, you recognise that you have read and understood these Terms and Conditions and agree to be bound by them. Please do not use our website if you do not agree to be bound by these Terms as all online purchases from our website are subject to these Terms and Conditions.
2. Online Terms and Conditions
   These Online Terms and Conditions are a contract between you and evotel.co.za. The company has its physical address at First Floor, 03 Desmond, 3 Desmond Street, Kramerville, 2090. evotel.co.za elects this physical address for all purposes regarding these terms and conditions, whether for legal notice or serving of other communication documents of any kind.
3. Applicable Laws
   This site is run and controlled from the Republic of South Africa. As such it is governed by South African legislation and any disputes arising in relation to our agreement with you shall, to the extent permitted by law, be subject to the exclusive jurisdiction of the South African courts.
4. Disclaimer and limitation of liability
   Use of our website, evotel.co.za is entirely at your own risk. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products.
   The information, content, services, and features of the website, including text, graphics and links are provided on an “as is” basis. evotel.co.za does not represent that the website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that the website or the servers that make it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products. www.evotel.co.za does not give any warranty, express or implied, in relation to the operation of the website. Information, ideas, and opinions expressed on this website should not be regarded as professional advice. You accept and agree that your reliance on any information contained on the website is entirely at your own risk.
   Evotel.co.za cannot ensure that any files or other data that you download from the website will be free of viruses or contamination or destructive features.
   Evotel.co.za is not responsible for the acts or omissions of any third parties in connection with the use of the website.
   Evotel.co.za, is not liable for any damages, liability or harm caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the www.evotel.co.za website, whether for breach of contract, delict, or any other cause of action. You are encouraged to report any such performance failures or errors to www.evotel.co.za
   Evotel.co.za is not liable for any indirect, consequential, special, incidental or punitive damages, including lost profits, even if www.evotel.co.za has been advised of the possibility of such damages.
   These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws, which cannot be altered by contract.
5. Content on the Evotel website
   All content on the website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Evotel.co.za or is licensed to Evotel.co.za and is protected by law. You may not copy, reproduce, upload or post any of the content on the website without Evotel.co.za prior written permission. As such, Evotel.co.za and its suppliers retain all copyright and other rights to services as well as listings, information, images, videos, and databases.
6. Links to third party websites
   The website may include links to websites operated by third parties. Evotel.co.za is not responsible for the content of those sites. The links to third party websites from the Evotel.co.za website do not imply any responsibility for the content, opinions, representations, products or services provided on those sites. You are responsible for complying with the terms of use of any linked third party websites.
7. Changes to Terms and Conditions
   Evotel.co.za may at its own discretion periodically update or change the Terms and Conditions without notice. Please ensure that you check these Terms and Conditions from time to time, in order to satisfy yourself with any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions and will also be updated accordingly for as long as the website continues to exist and be operated. Evotel.co.za is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
8. Changes to the Evotel website
   The content on the website and the products and services offered may change from time to time. No notice of any changes will be given to you. Evotel.co.za may also interrupt the operation of the website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.
9. Termination
   If you do not comply with these Online Terms and Conditions when accessing or otherwise using the website, Evotel.co.za has the right to suspend your access to the website temporarily or permanently without notice to you, depending on the severity of your actions.
10. Other terms and conditions
    Additional terms and conditions may apply to specific products that are made available through the Evotel.co.za website and to other features that are made available on the website such as competitions. Those additional terms and conditions form part of these Online Terms and Conditions and you agree that you are bound by them. If there is a conflict between these Online Terms and Conditions and any specific terms and conditions applicable to any particular product or service or feature of the website, the specific terms and conditions will apply.
11. Interpreting the contract, governing law and dispute resolution
    These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles. A court may find that some of the provisions of these terms and conditions are not enforceable. If this occurs, the remaining provisions of the terms and conditions will continue to apply. Evotel.co.za will replace the affected provisions with new provisions that achieve the intended purpose but that are capable of being enforced in South Africa.
12. Privacy Notice & PAIA Manual
    Evotel is committed to protecting your privacy and complying with applicable data protection and privacy laws. Any personal information that you provide to Evotel.co.za will be collected, used and retained by Evotel.co.za in accordance with this Privacy Policy. The purpose of this Privacy Notice is to inform you of Evotel.co.za privacy practices and to explain how we collect, store, use, transfer and disclose your personal information. We also describe the kinds of information that Evotel.co.za collects from you.
    The PAIA Manual enables interested and authorised parties lawful access to information, based in the relevant privacy and information access laws.
13. Cookie Policy
    This is the Cookie Policy for Evotel. Kindly also refer to Evotel’s Privacy Policy.
    What Are Cookies
    As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.
    For more general information on cookies see the Wikipedia article on HTTP Cookies.
    How We Use Cookies
    We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure
    whether you need them or not in case they are used to provide a service that you use. For more information regarding cookies kindly refer to our Privacy Policy.
    Disabling Cookies
    You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
    The Cookies We Set
    Account related cookies
    If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
    Login related cookies
    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
    Email newsletters related cookies
    This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
    Orders processing related cookies
    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
    Surveys related cookies
    From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
    Forms related cookies
    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
    Site preferences cookies
    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
    Third Party Cookies
    In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
    This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
    For more information on Google Analytics cookies, see the official Google Analytics page.
    From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
    As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
    Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
    We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including (but not limited to)
    • Facebook
    • Twitter
    • Instagram
    will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
    More Information
    If you are still looking for more information, then you can contact us through one of our preferred contact methods:
    Email of Compliance Officer: johan@evotel.co.za
14. Competition Terms
    Evotel will often hold competitions for customers and potential customers. The terms and conditions for these competitions will be stipulated here.
15. Promotion Terms and Conditions
    The “Double your line speed” promotion is open and active as of the 1st of September 2022
    The following ISPs are participating in this limited time promotion:
    • Net Nine Nine
    • Mweb
    • Afrihost
    • Goldfields
    • Davo
    • Fliber
    • VOX
    Only ISPs that have opted in to receive the “Double your line speed” will be able to offer this promotion.
    The “Double your line speed” promotion will run up to and including the 30th of November 2022 whereafter your line speed will revert to the original package speed selected.
    By applying for this promotion, the entrant is indicating his/her agreement to be bound by these terms and conditions.
    Evotel cannot be held liable should your ISP not participate in this promotion.
    Evotel reserves the right to cancel or amend the promotion or any of the related terms and conditions at its sole discretion. Evotel will, however, endeavour to convey such amendments to participating ISPs if and where possible.
    The promotion and these terms and conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.
    This promotion will only be applicable for all line-speed packages excluding the 1Gps lines.
    These are the Evolution Tel (Pty) Ltd Terms and Conditions as at 1 September 2022
    • Bulk Incentive Program
    • The Bulk Incentive Program (“Program”) offers discounted rates to qualifying Partnered ISPs, based on predetermined targets set for the qualifying ISPs. The primary objective of the Program is to provide potential reduced rates to our Partnered ISPs and facilitate the passing along of such discounts to their respective customers.
    • Terms and Conditions – Bulk Incentive Program
    • These terms and conditions should be read in conjunction with the general terms and conditions of Evotel.
    • The bulk incentive program consists of various pricing tiers, which are determined based on various targets set to qualifying Partnered ISPs. The applicable pricing tier shall determine the corresponding discounted rate available to our Partnered ISPs.
    • It is important to note that Evotel does not possess the authority to dictate the prices charged by our Partnered ISPs to their end-users and customers. Consequently, Evotel bears no responsibility for the pricing decisions made by our Partnered ISPs in relation to their end-user services.
    • The bulk incentive program shall be valid for a specific 12-month duration, commencing from the date of enrolment of our qualifying Partnered ISPs into the Program.
    • Upon the conclusion of the initial 12-month period, standard rates will apply to the services provided by Evotel to our Partnered ISPs, unless expressly stated otherwise in these terms and conditions.
    • To maintain eligibility for the bulk incentive program, our Partnered ISPs are required to comply with all qualifying criteria established by Evotel. Periodic reviews may be conducted by Evotel to ensure ongoing compliance.
    • In instances where our Partnered ISPs fail to meet the qualifying criteria, standard rates shall be applied until compliance is satisfactorily reinstated to Evotel’s discretion.