Value Added Services > Voice Services

Features

• Low monthly rental fees;
• Easy to activate;
• Unique fax number allocated with prefix (your existing telephone number will be prefixed with 088);
• Fully automated fax-to-email and email-to-fax functionality;
• Easy to use - no training required;
• No new software or hardware required.

Benefits

• Save time by converting incoming analogue faxes to digital documents
• Faxes are delivered to the recipient's email inbox as attachments that can be read on screen, printed, deleted, saved or archived.
• The process is fully automated and no training is necessary.
• Each of your recipients is given a unique fax number, which can be used on corporate stationary including business cards, so that your clients are able to fax documents direct to the intended recipients.
• This unique fax number is your current telephone number with the 088 prefix – for example: If your telephone number is 012 999 111, your unique fax number will be 088 012 999 111. Making it easy to remember and to use.
• Receive all faxes in your personal e-mail inbox;
• Increased privacy and improved productivity for your business;
• Forwarding of received faxes via e-mail – simple and easy;
• No engaged lines for clients faxing in and also no more vanishing faxes;
• No more queuing at the fax machine or rebellious paper jams.

Services To Be Provided

Telkom will provide the Customer with:

• A Business Fax service including but not limited to system operations, Business Fax supervision and control, fault reporting, isolation, resolution and Help Desk Support facility;
• Standard Telkom reports which will be provided on request; and
• Business Fax system sizing (Re-engineering) to maximize the effective and efficient use of current and future technologies.

The services, as stipulated in conditions number 1 to number 3 specifically exclude those elements of the network supplied, maintained and/or controlled by the Customer..

Responsibilities

Telkom will be responsible to provide:

• The Business Fax service as indicated in the order form;
• Customer support via the Business Fax Help Desk Support. 0800 228 400

The Customer will be responsible:

• To isolate faults on services provided by the Customer to the End-User(s) before reporting a service outage to Telkom; and
• To comply with the conditions of use of Business Fax as will be communicated to the Customer from time to time.

Pricing And Payments

The Customer undertake to pay Telkom the prescribed installation charge and rental which Telkom will make available to the Customer monthly in advance, from the date the service is commissioned, which shall be subject to adjustments from time to time, as determined by Telkom.

The Customer shall pay all charges on or before the due date indicated on the account rendered by Telkom.

Should the Customer fail to pay the account in full on or before the due date as indicated on the invoice, The Customer shall be liable to pay interest on the outstanding amount from the date of issue of the account up to and including the date of payment thereof, compounded monthly, at a rate as determined by Telkom from time to time.

Term

This Agreement will come into force and effect on the date that Telkom approves the order and will endure for a period of 12 (twelve) months calculated from the date of commissioning of the Business Fax service. Thereafter, this Agreement will automatically be renewed and a month-to-month basis subject to either party giving the other party one (1) month's written notice of its intention to terminate this Agreement.

Termination

Should the Customer terminate this Agreement prior to the expiry of the minimum rental period of one (1) year, the Customer shall be obliged to pay on TELKOM's demand the full outstanding rental payable for the remaining period of this Agreement, which amount shall be due and payable upon rendering of an account by TELKOM.

Telkom's Help Desk Support

The Business Fax Help Desk Support number, which is a toll free number, is 0800 228 400. This Help Desk Support will be operational during Office Hours only.

Force Majeure

If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement from any course beyond the reasonable control of that Party, including without limitations, acts of God, civil commotion, riots, insurrection, lock-outs, acts of government, fire, explosion, epidemics, governmental embargoes or like causes, the Party so affected shall be relieved of its obligations hereunder during the period of such events and its consequences, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damage either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure provided always that written notice shall within 15 (fifteen) days of the occurrence constituting such an event (force majeure) be given of any such inability to perform by the affected Party and provided further that the obligation to give such notice shall be suspended to the extent necessitated by such force majeure.

The Party who has invoked force majeure shall provide the other Party with a written contingency plan within 14 days of invoking such force majeure.

The Parties hereby agree that should force majeure last more than 2 (two) weeks, the Party who has not invoked force majeure to excuse any non-performance of its obligations may terminate this Agreement by giving 10 (ten) days written notice to the other.

Limitation of Liability

Neither Telkom nor its subcontractors will be liable for:

• Libel, slander, or infringement of copyright from or in connection with the transmission of communications hereunder, or;
• Any claim arising out of any act or omission of the Customer or any other entity furnishing Services or Equipment for use in conjunction with the Equipment and Service provided hereunder, or;
• Any unlawful or unauthorized use of the Equipment or Services provided hereunder by the Customer, my/our employees, agents, or invitees, or;
• Any claim arising out of a breach in the privacy or security of communications transmitted over the facilities or other property of Telkom.

Telkom shall not incur any liability for any loss or damages to the Customer, arising out of the provision, installation or maintenance of the Service, whether indirect, consequential or contingent and in particular, shall not be liable for any financial loss or loss of profits, income, contracts, business or goodwill, unless such loss or damage was caused by the willful misconduct and gross negligence.

Cession and Assignment

Neither Party hereto may assign this Agreement or any portion hereof without the prior written consent of the other. Any assignment agreed to by the other Party hereto will not relieve the assigning Party of any obligations with respect to any covenant, condition, or obligation required to be performed by the assigning Party under this Agreement.

Independent Contractor And Subcontracting

The Customer agree that Telkom may, at its sole discretion, subcontract the whole or any part of its obligations under this Agreement and Telkom agrees that it will retain full responsibility for such obligations despite such subcontract and such use will not increase the cost or reduce the quality of Services/installations to the Customer.

Confidentiality

All Parties to the extent of their contractual and lawful right to do so will exchange proprietary or confidential information as reasonably necessary for each to perform its obligations under this Agreement. All information relating to this Agreement and that of both Parties' business and that of their customers/clients, however obtained or given is hereby deemed to be confidential and proprietary information ("Proprietary Information").

Except as set forth in condition below, a Party receiving Proprietary Information pursuant hereto (the "Receiving Party") will not, without the prior written consent of the Party disclosing such information (the "Disclosing Party"):

• use any portion of the Proprietary Information for any purpose other than the purpose of this Agreement, or
• disclose any portion of the Proprietary Information to any persons or entities other than the employees and consultant of the Receiving Party (and Telkom's subcontractors who reasonably need to have access to the Proprietary information in connection with the purposes of this Agreement and who have agreed to protect Proprietary Information as though they were a Party to this Agreement.).

A Receiving Party will not be liable for disclosure of Proprietary Information, or part thereof, if the Receiving Party can demonstrate that such Proprietary Information:

• was in the public domain at the time it was received or subsequently entered the public domain through no fault of the Receiving Party, or;
• was known to or is in the possession of the Receiving Party at the time of receipt; or
• became known to the Receiving Party from a source other than the Disclosing Party without breach of an obligation of confidentiality. In the event of any legal action or proceeding or asserted legal requirement for disclosure of Proprietary Information furnished hereunder, the Receiving Party will promptly notify the Disclosing Party and, upon the request and at the expense of the Disclosing Party, will cooperate with the Disclosing Party in lawfully contesting such disclosure Except in connection with any failure to discharge its responsibilities under the preceding sentence, the Receiving Party will not be liable for any disclosure pursuant to court order.

Proprietary Information will remain the property of the Disclosing Party and will, at the Disclosing Party's request and after it is no longer needed for the purposes of this Agreement, promptly be returned thereto or be destroyed, together with all copies made by the Receiving Party and by anyone to whom such Proprietary Information has been made available by the Receiving Party in accordance with the provisions of this condition. The provisions of this condition 12 will survive termination of this Agreement.

Additional Conditions

Governing Law

This Agreement will be interpreted under the laws of the Republic of South Africa applicable to agreements made and performed in the Republic of South Africa, not withstanding the place of execution or performance of this Agreement.

Severability

If any of the provisions or any portion of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement will be construed as if not containing the particular invalid or unenforceable provisions or portion thereof, and the rights or obligations of the Parties hereto will be construed and enforced accordingly.

No Waiver

Failure by either Party to exercise any rights under this Agreement in any one or more instances will not constitute a waiver of such rights in any other instance. Waiver by such Party of any default under this Agreement will not be deemed a waiver of any other default. No alteration or modification of any provision of this Agreement will be deemed a waiver of any other default. No alteration or modification of any provision of this Agreement will be binding unless in writing and signed by duly authorised representatives of both Parties.

Domicilium and Notices

The Customer chooses as their domicilium citandi et executandi ("domicilium address") for all purposes arising from or pursuant to this Agreement, their physical address as indicated in the order form.

Dispute Resolution

Any dispute arising out of or in connection with this Agreement including, but not limited to, any dispute or difficulty arising in connection with the interpretation, application and/or effect of any of the terms, conditions or restrictions imposed or any procedure to be followed under this Agreement and/or arising out of the termination or cancellation of this Agreement or any provisions hereof, except where an interdict or urgent relief is sought from a court of competent jurisdiction, or where otherwise provided for in this Agreement, shall be determined in the manner set out below.

1. If a dispute arises, either Party to this Agreement shall notify the other Party to this Agreement in writing. Should the dispute not be resolved between the Parties within 14 (fourteen) days of receipt by the other Party of such notice, then either of the Parties to the dispute may refer the dispute for determination in terms of sub-condition 2 (two) below
2. If either Party exercises its right in terms of sub-condition 1(one) to refer the dispute for determination, such dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator or arbitrators agreed to by the Parties, and failing eight) days of receipt of the notice given in terms of sub-condition 2 (two), appointed by AFSA at the instance of either Party. In the event of a conflict between the provisions of this condition and the provisions of the AFSA Rules, the provisions of the AFSA Rules shall prevail.
3. This condition constitutes an irrevocable consent by the Parties to any proceedings in terms hereof and neither of the Parties shall be entitled to withdraw from the provisions of this condition or claim at any such proceedings that it is not bound by this condition.
4. This condition is severable from the remainder of this Agreement and shall remain in effect even if this Agreement is terminated or cancelled for
5. The receipt by either Party to this Agreement of a notice in terms of sub-condition 1(one)above, shall constitute the service of a process for the purposes of interruption of prescription in terms of section 15 of the Prescription Act No 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
6. The Parties agree to keep the proceedings for determination of the dispute, including the subject matter of the dispute and evidence heard during the proceedings, confidential and not to disclose them to any other person, except for the purposes of

Entire Agreement

This Agreement constitute the entire Agreement between the Parties and supersede any prior written or oral agreement or understanding with respect to the subject matter hereof. No interpretation, amendment, or change to this Agreement will be effective unless made in writing and signed by both Parties, except that each Party may change the address or the name of the person to whom notices to the Party will be sent by giving written notice of such change to the other Party.

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Business Fax offers business customers a complete inbound as well as outbound Business Fax Solution. Should you wish to ONLY receive incoming fax-to-email messages on a single telephone line we would recommend Mail Manager Plus. Telkom's Mail Manager Plus allows you to integrate voice and fax into your e-mail and access your messages from anywhere in the world. Mail Manager Plus is available for incoming faxes only and you must first subscribe to Telkom's Call Answer service to enjoy the benefits of Mail Manager.

View Mail Manager Plus