Terms & Conditions of Service

SIMcontrol and Hotsocket Terms & Conditions

Introduction

These Terms and Conditions between Flickswitch and the Customer govern the provision of this Service by Flickswitch to the Customer and by accepting the Terms and Conditions when registering as a Customer on the Site, the Customer agrees to be bound by the Terms and Conditions. The Terms and Conditions is a legally binding document.

Flickswitch may modify the Terms and Conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the Site.

Definitions
In this Agreement, unless inconsistent with or otherwise indicated by the context –

“Agreement” refers to these Terms and Conditions;

“API” refers to application programming interface;
“Flickswitch” refers to Flickswitch , depending on the territory from which the Service is accessed; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;

“Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not), trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as Confidential Information, including in other jurisdictions that grant similar rights;

“RICA” refers to the Regulation of Interception of Communications and Provision of Communication-Related Information Act;
“Service” refers to the services that we provide through our Sites, including our Sites itself, API’s, as well as physical services such as technical support, SIM card supply or any other service offered by us;
“Site” or “Sites” refers to our website or websites, being www.flickswitch.co.za, www.simcontrol.co.za, www.simcontrol.com.na and www.simcontrol.co.ke or any other site through which we provide our services;
“User” refers to anyone who uses our Service, including purchasers of our goods and general visitors to our Site;
“You” or “Customer” refers to you, the person who is entering into this Agreement with Flickswitch.

Use of the Service
Customers are prohibited to attempt any violations to the security of Flickswitch including, but not limited to an attempt to interfere with the host or network by submitting a virus to the Site, overloading or spamming, forging of TCP/IP packet header or any part of the header information in any email or newsgroup posting or by accessing information not intended for such Customer or logging into a server or account which the Customer is not authorised to access.
Our Copyright

All content, trademarks and data on the Sites, including but not limited to text, graphics, icons, links, private information and designs, are the property of or under licence of Flickswitch. As such they are protected by local and international legislation and agreements.

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without obtaining our prior written permission.

Trademarks

“Flickswitch” “SIMcontrol” and “Hotsocket” are trademarks used by Flickswitch to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. In addition, you agree not to copy the look and feel of our Site or its design, without our prior written consent.

Intellectual Property Rights

All Intellectual Property Rights in the Sites, Services, processes, manuals, and other documentation connected with the Services and/or to Flickswitch shall remain at all times the property of Flickswitch. Unless specifically authorised in this Agreement or in writing by Flickswitch and then only to the extent so authorised, the Customer shall have no right to use Flickswitch’s Intellectual Property in any manner whatsoever.

Service

Flickswitch offers the following Services to its Customers:–

Monitoring: Flickswitch will manage SIM cards on your behalf. SIM balance monitoring and scheduled and ad-hoc recharge services are available on some, but not all the mobile networks. Services available on networks may also change from time to time. By loading a SIM onto the SIMcontrol platform, you give permission to Flickswitch to access the SIM and related information as supplied by mobile network operators or other providers.

Recharging: Flickswitch will recharge SIM cards as per your defined recharge rules, API request or on specific request. Flickswitch will use the recharge rules defined by the Customer when determining whether to recharge a SIM. All recharges will be billed against your pre-funded account. Should mobile networks change available recharge options, such as data bundle sizes or pricing, Flickswitch will amend recharge rules to the closest available alternative. Recharges of airtime, data or SMS bundles are charged against the customer’s pre-funded account. Airtime and data rates are subject to adjustment by the networks from time to time and without prior notification. Recharges to some networks may incur a surcharge. Networks may from time to time change their conditions of service or airtime, bundle and SMS charges without notice. These changes, products updates, data validity periods and price changes will be applied to our Customers within a reasonable timeframe.

Reporting: Flickswitch will attempt to alert you via our Site, email or by other means of any failed recharge, recharge not completed because of a business rule failing or when the Customer’s account is depleted. It is the Customer’s responsibility to keep his account in a positive balance. Account balance and spend breakdown may be monitored at any time by the Customer using the SIMcontrol Site or Hotsocket API. Flickswitch can provide the Customer with an invoice, statement and usage report, detailing all recharges that have taken place on request.

SIM Card Supply: Flickswitch may supply you with SIM cards, if requested. Flickswitch can supply SIM cards on selected networks, if available. SIMs may be pre-activated by Flickswitch and settings changed as requested by the Customer. The default position is that SIMs are supplied already activated on the network. Payment for SIMs supplied will be collected from the Customer’s account. It is the Customer and not Flickswitch’s responsibility to ensure activation, SIM card settings, RICA registration and network provisioning are correct and tested before time of use. It is the Customer and not Flickswitch’s responsibility to acquaint themselves and understand network conditions and rules, such as SIM expiry, APN limitations, airtime and data expiry and all other network-related conditions of service.
RICA: It is the Customer’s responsibility to ensure SIMs are RICA registered (or similar Know Your Client (“KYC”) registrations required in a specific country) to comply with current legislation. Flickswitch can, on your request, assist with RICA registration of SIMs in Your or your company’s name. It remains your responsibility to comply with all RICA or other relevant KYC legislation as well as to comply with any SIM de-registration requirements. Networks may impose limits on the number of SIMs registered per user. Although we can assist with the process, it is the Customer’s responsibility to get such restrictions lifted, if required.

Support: Flickswitch will provide you with reasonable first-line support via telephone, e-mail or Flickswitch’s customer care operations during normal business hours in South Africa. Flickswitch will try and assist with support matters pertaining to the mobile networks themselves, but ultimately may refer the Customer to deal with networks directly on specific matters. The Site and support services are offered on a best-effort basis.

Notice and Termination: Flickswitch may suspend the monitoring and recharge service immediately should there not be adequate funds in a Customer’s purse to cover the monthly management fee or recharges for all SIMs being monitored. Flickswitch will not activate services to only a selected group of SIMs. Flickswitch may terminate a Customer’s service should there not be adequate funds in your account within 14 (fourteen) calendar days after the suspension of service without notification. Flickswitch may give 14 (fourteen) calendar days’ notice to the customer with regards to terminating their service for any other reason. You may immediately suspend the service and recharges by editing your recharge rules or suspending SIMs from the service on the SIMcontrol website and may give Flickswitch 14 (fourteen) calendar days written notice via e-mail to cancel the SIMcontrol or Hotsocket services. Remaining purse credit and any security deposits will be refunded to the Customer upon request within 14 (fourteen) days of service cancellation.

General: Flickswitch only renders the Services as set out above; does not provide telecommunication or data services, is not an agent or representative of cellular networks and has no control over cellular network connectivity, product offerings and functionality.

Fees

Flickswitch will charge a monthly management fee to the Customer as per the SIMcontrol or Hotsocket pricing schedule, which we may amend from time to time. The management fee does not include any allocation of airtime or data to a SIM. The management fee will be deducted from the Customer’s account  on the 1st day of each calendar month or when loaded onto the Site and will cover the management fees for that month or part thereof in advance. A once-off activation fee will be charged per new SIM added to the Site and this fee will also be deducted from the Customer’s account. Requested recharges or fees may, at the sole discretion of Flickswitch, be billed against a Customer account even if it is in arrears or has no funds available. Flickswitch may, on specific networks, charge a fee to process recharges. Airtime, data and SMS bundle charges may be changed from time to time by the network operators. Flickswitch may adjust the pricing for these accordingly, and without notice. Tax Invoices are available after month-end for the previous month, and reflects all account transactions within that calendar month.

Personal Information

Flickswitch is a responsible party for purposes of the processing of Personal Information in the course of rendering the Service, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA’’). Flickswitch conforms to POPIA in terms of the collection, use and retention of Personal Information.

Flickswitch takes all reasonable steps to protect the Personal Information of the User. For purposes of this policy, “Personal Information” is defined in accordance with section 1 of POPIA.

Flickswitch collects Personal Information from the User when the User voluntarily provides such information when the User registers for access to the Service, which includes the User: (i) name; (ii) surname; (iii) email address; (iv) telephone number; (v) province and country where the User lives; and (vi) any other Personal Information which the User provides to Flickswitch in connection with the Service.

When the User interacts with Flickswitch through the Service, Flickswitch also receives and stores certain information which does not identify the User personally. Such information is collected passively using various technologies.

Flickswitch is not in the business of selling the User’s Personal Information. Flickswitch considers this information to be a vital part of its relationship with the User. There are, however, certain circumstances in which Flickswitch may share the User’s Personal Information with certain third parties, as set out below:

Business Transfers: As Flickswitch develops our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Information may be part of the transferred assets.

Related Companies: If required to comply with this Privacy Policy, Flickswitch may also share the User’s Personal Information with Flickswitch Related Companies.

Agents, Consultants and Related Third Parties: Flickswitch, like many businesses, sometimes hires other companies to perform certain business-related functions. When Flickswitch employs another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and under the same standards and protections as in this privacy policy.

Legal Requirements: Flickswitch may disclose the User’s Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Flickswitch, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Aggregated Personal Information: In an ongoing effort to better understand and serve the Users of the Services, Flickswitch conducts research on its user demographics, interests and behaviour based on the Personal Information and other information provided to us. This research will be compiled and analysed on an aggregate basis, and Flickswitch may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify the User personally. Flickswitch may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes in fulfilment of this Privacy Policy.

Marketing and Advertising: Flickswitch and its affiliates may use Personal Information to send the User regular email newsletters, keeping the User informed of specials and offers. If we do so, each communication we send to the User will contain instructions permitting the User to “opt-out” of receiving future communications.

To keep the User’s Personal Information accurate, current, and complete, the User is requested to contact us. We will take reasonable steps to update or correct Personal Information in our possession that the User has previously submitted via the Services.

Warranties and Limitations of Liability

Flickswitch warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

 

Flickswitch does not give any warranty or make any representation, express or implied, including but not limited to the quality, availability, network stability, fee structures, location lookup availability or fitness for purpose of the telecommunication and data services provided by the cellular networks or third parties used. The Customer agrees that Flickswitch will not be liable for any loss or damages of any nature as a result of the Customer’s use or inability to use a cellular network’s services.

 

Flickswitch shall not be liable for any indirect or consequential loss or damages, including without limitation, loss of business, data, profits, revenue or anticipated savings howsoever arising, suffered by the Customer or any third party and arising in any way in connection with the Service or this Agreement or the termination of this Agreement or for any liability of the Customer to any third party.

Flickswitch provides no warranty that the Services generally available through its Site shall remain uninterrupted or error-free or that defects in the Service will be corrected.

Flickswitch does not warrant that the Service will meet your requirements and, for this purpose, it is specifically recorded that the Service is provided “as is” and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

Flickswitch furthermore does not guarantee that all files made available for download through the Service or delivered via email will be free of infection or viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties. Customers are solely responsible for ensuring that sufficient measures are in place to offer relevant protection.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of such a claim, we may elect to settle with the party/parties instituting the claim, and you shall be liable for the damages as though we had proceeded to trial.

Jurisdiction

Users’ use of the Sites and Services is solely at users’ own risk and subject to all applicable laws governed by Republic of South Africa. Should Users outside of this jurisdiction access the Sites and Services, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

Dispute resolution

In the event of any dispute or difference arising between the parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the parties may agree.

This clause shall not preclude any party from obtaining any relief from a court of competent jurisdiction in the Republic of South Africa.

Force Majeure

The Customer agrees that Flickswitch will not be responsible for fulfilling its obligations in terms of this Agreement, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, mobile network downtime or technical issues, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Flickswitch shall have the sole right to elect which provision remains in force.

Non-Waiver

No indulgence, leniency or extension of time which Flickswitch may give or allow to the Customer in respect of the performance of any obligation hereunder, shall in any way prejudice Flickswitch or precludes Flickswich from exercising any of its rights an enforcing the obligations of the Customer in terms of this Agreement.

Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may, however, assign our rights and/or obligations under this Agreement to any other party at our discretion.

E-mail and other Communications

Should you complete a form and e-mail it to Flickswitch or complete an online form and submit it, Flickswitch will use this information in the normal course of business for the products, services and support you request. The submission of this information to Flickswitch is given with your express permission and willingness for the product, service or support.

E-mail communications, including all attachments thereto, are transmitted to you by Flickswitch on the following terms and conditions:

Before any purported agreement, that has been negotiated either wholly or partly by means of e-mail, shall be considered binding on Flickswitch, the following terms and conditions shall apply:

An advanced electronic signature, (as defined in the ‘Electronic Communications and Transactions Act 25 of 2002’), of a duly authorized member of the Board of Directors of Flickswitch shall be required to be used and attached to any e-mail containing any offer and/or acceptance by Flickswitch, as the case may be.

Where Flickswitch is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Flickswitch, and upon such Director expressly and manually acknowledging receipt of such acceptance.

An e-mail shall be considered to have been sent by a Director as aforesaid only if:

the Director sent it personally; or
it was sent by a person who had the required authority to act on behalf of the said Director.
Any opinion or advice contained in this e-mail is subject to the terms and conditions contained in any governing agreement and information contained in the e-mail will be confidential and may be legally privileged, and is intended solely for the use of the individual or entity to whom it is addressed and others authorized to use it or receive it. If you are not the intended recipient you agree that any disclosure, copying, distribution or taking action in reliance of the contents of this e-mail is strictly prohibited, and may be unlawful and you will notify the sender immediately and then delete it.

Confidentiality and legal privilege are not waived or lost by reason of mistaken delivery to you of any e-mail.

Flickswitch is not responsible for the proper and/or complete transmission of the information contained in any e-mail or of the e-mail itself nor in any delay in its receipt.

Whilst Flickswitch does employ virus filtering, it provides no guarantees or warranties that any e-mail is virus-free.

These terms and conditions shall be for the benefit of Flickswitch and may be waived by Flickswitch in its discretion.

Registered Details

Name: FLICKSWITCH (PTY) LTD
Registration Number: 2005/041969/07
Directors: K Snijders, HC Koen, WS Malherbe
Physical address: Flickswitch Office, Unit 404 (4th floor)
Manhattan Place, 130 Bree Street, Cape Town, South Africa
Postal Address: PO Box 15670, Vlaeberg, 8018
Email address: info@flickswitch.co.za
Telephone number: +27 (0)87 943 7222

Name: FLICKSWITCH INTERNATIONAL (PTY) LTD
Registration Number: 2014/229852/07
Directors: K Snijders, D Olivier, R Barnard
Physical address: Flickswitch Office, Unit 404, Manhattan Place, 130 Bree str, Cape Town, South Africa
Postal Address: PO Box 15670, Vlaeberg, 8018
Email address: info@flickswitch.co.za
Telephone number: +27 (0)87 943 7222

Namibia Users and Residents

For the avoidance of doubt, you hereby expressly agree that, by loading MTC Namibia SIM cards on the platform, you give Flickswitch permission to monitor these SIM card balances and expiration dates via the MTC Namibia mobile network. It is up to the owner of the SIM card to make contact with MTC directly and register the SIM card under their business name on the MTC Namibia platform.

Last updated 27 June 2017