Terms and Conditions

The Subscriber is the applicant for the services and or products described in the online application form also referred to as the sign-up form and may be referred to as the client.

Data123 is a trading name entity of SOS-HelpMe (Pty) Ltd, a South African registered company.

The Agreement

The application / sign-up form, the terms and conditions below and the FAQ on this website form a binding agreement between the subscriber and SOS-HelpMe (Pty) Ltd Trading As Data123.

Initial Payments to be made via EFT with Proof of Payment forwarded by email to sales@data123.co.za. Subsequent payments will be by means of Debit Orders and the subscriber agrees to and instruct his/her bank to allow these debit order payments unterruptedly until given notice in writing to Data123 via email to cancellations@data123.co.za

It is furthermore agreed that the amount as per the package selected on the online application form, will be deducted from the account, with details suppplied on the online application form.  Such will be deducted on the last day of each calendar month.  All costs incurred due to debit order not being paid will be for the account of the account holder without any claims against Data123 and will be added to the next debit order if not settled via EFT by the subscriber.  Where the debit order details are different to the subscriber details, the subscriber confirms that the banking details and the signatory to the debit order instruction is accurate and that the subscriber has full authorisation from the account holder to offer such a debit order instruction to Data123 for the services and or products being applied for in the name of the subscriber.

Subscribers may request EFT monthly payments.  Such payments MUST be received before or on the last day of the preceeding month that the services are required.  Sim cards that are suspended due to late or non-payment will incur a R100 re-activation fee.

The ownership of the physical Sim Card supplied remains with Data123.

The Actual Product.  Access to the data associated with the Sim Card, is the actual product being paid for and the infrastructure of the network is at best effort.  Data123 is not responsible for the network, its infrastructure and/or its operations.

Data Usage Tracking.  Clients must access the Data Counter on their router/modem to view their data usage.  Please remember to “zero” the counter at the beginning of the month or it will add the previous month’s data usage (if applicable).  Data123 does not offer an online tracking for data usage for each individual Sim Card as yet.  You may email accounts@data123.co.za and request your data usage.

Termination

Should you wish to terminate your subscription, we may arrange for our couriers to collect the Sim Card at our cost.  This arrangement forms part of this agreement and termination will only be finalised on receipt of the returned Sim Card.  All terminations for the end of the following month MUST be revceived in writing (email) at cancellations@data123.co.za before the end of the current month for termination at the END of the FOLLOWING month.  Failure will result in termination at the end of the subsequent month.

Fair Usage Policy

Data123 Mobile Broadband is unshaped and unthrottled for almost all applications.  These include email, browsing, streaming traffic such as video and music, YouTube, Apple TV, Box Office, Netflix, VPN, VOIP, real-time online gaming, backups and gaming downloads.  For these, you will never be shaped or throttled.  this means that consumers will enjoy the full benefit of Data123‘s Mobile Data experience with Telkom’s LTE & Vodacom LTE mobile networks.  However, Telkom and Vodacom peer-to-peer fair usage policy only applies to Torrent traffic via peer-to-peer and newsgroup protocols (NNTP) during specific times.

Peer-to-peer traffic users will be throttled between 6am to midnight and will only be unthrottled on the speeds between Midnight to 6am which is Telkom & Vodacom off-peak period on their networks.  Full connection speeds will be maintained during off-peak period for peer-to-peer traffic.

The speed throttling of peer-to-peer traffic has been affected to ensure that Telkom and Vodacom maintain a good user experience for all users on their respective base stations and that Telkom and Vodacom network performance during peak network periods are not compromised.

Best Effort Service

It is emphatically stated that the network(s) we are using, the infrastructure responsible for the transit of data and the maintenance its management, is not in the hands of Data123.  the subscriber agrees that the service is offered as a best effort service and that Data123 is not, or will not, be held responsible for the availability and or up-time in the infrastructure.  The client is purchasing access to a certain data bundle from Data123 and that is the only responsibility that Data123 will carry, to ensure the availability of the data bundle within the scope of, and under applicable terms and conditions as stipulated herein.  the connection to the Internet via the Telkom of Vodacom network remains the responsibility of these network and Data123 has no direct or indirect influence on the performance or the stability of the said networks.

Exceeding your allocated Data Bundle

The subscriber is responsible for monitoring usage.

Exceeding the allocated Data Bundle will incur out of bundle charges as per the ruling rates from the Networks. Such Out Of Bundle usage will be calculated during the month following the usage and will be included with the invoice for the following month.

Disclaimer:
It is imperative that data usage is monitored by yourself (the subscriber).  Data123 reserves the right to suspend the account of subscribers who exceed a fair Out Of Bundle data total from 10GB or more.  You, the subscriber, are fully responsible and accountable for the payment of the Out Of Bundle fees (at R35 per GB).   Once suspended, such an account can only be replaced by a Hard Cap Account.  Detail will be communicated with the applicable party to this effect.

Hardware Setup and Configuration

Where a subscriber whishes to use his/her own harware/router/modem/cellphone, it remains the sole responsibility of the subscriber to ensure that such devices is correctly configured and in working order.  Data123 cannot be held responsible for the setup or configuration of such devices and the client expressly indemnifies Data123 from any responsibility in this regard.

When Attempting to use an APPLE device to create a Hot Spot for Wi-Fi connections, the Telkom Sim Card will NOT allow this.

Inception and Delivery Dates

The Inception Date will be a date during the month indicated and selected by the applicant/subscriber on the application form.  The full subscription will be due for the month in which the Sim Card activation takes place, regardless of the day of the month.  There is NO pro-rata billing available as all the data associated with the Sim Card is automatically loaded at the time of activation.  Unused data expires at month end.

Once an order has been received, all the supporting documents are in place and payment is confirmed (via proof of payment sent to accounts@data123.co.za), Data123 requres a minimum of 48 workday hours to provision the Sim Card.  Shipping via courier service will be arranged after the Sim card is provisioned.

Although this is the standard operational requirements, some delays in the availability of the physical Sim Cards may be experienced and the subscriber agrees that Data123 will not and cannot be held responsible for such delays in any form or manner.  Delivery failure due to the unavailability of the recipient at the indicated delivery address will result in the subscriber having to contact the courier company directly to make suitable arrangements for delivery during Mondays to Fridays 8am to 5pm.  Any additional costs incurred due to this failed delivery will be for the account of the subscriber.

Acceptence

Please ensure to tick the appropriate box on the registration form, indicating that you fully understand all the terms and conditions above as well as the questions and answers on the FAQ pate of this website.  the subscriber furthermore agree that no promises or representation are of any force or effect other than those contained herein, appearing on the registration form and you accept this document as well as the FAQ on this website as binding and an integral part of you agreement.

IMPORTANT
Additional documents required. (RICA requirements can be seen below)

  • Is the Subscriber an individual? –  Provide a (1) copy of their ID and (2) copy of bank statement first page only.(3) Proof of residence if your address is not shown on the bank statement.
  • Is the Subscriber a company? – Supply (1) a copy of ID and (2) Company letter stating approval of signatory to take up this offer. Signed by Director(s) + (3) Company Registration documents.(4) Copy of bank statement of the company.
  • “IF YOUR DELIVERY ADDRESS IS DIFFERENT FROM THE ADDRESS ABOVE”, Please complete the section provided in the sign-up form, failing this may cause delays in delivery of your “already activated” sim card (and hardware).

Relevant documents should be emailed asap to the address below.

We will NOT be able to complete your order without them!   >> accounts@data123.co.za  <<

IN ADDITION: Please keep copies of the above documents handy as it will be required by the Couriers who will do the physical RICA process and return the copies to us.

Disclaimer:
At its sole discretion Data123 reserves the right to amend these terms and/or agreement giving the subscriber 1 month notice and decline any application without obligation to furnish reasons.

Identity Verification Requirements (RICA)

By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

All Data products are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008). Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. Failure to produce the required aforementioned information will result in the product not being activated, regardless of any amounts billed.

Delivery of the data product will not take place if the required documentation is not produced and successfully verified. RICA verification must be done in person, for each new purchase of a data product regardless of whether the person/s has been RICA’ d previously. The drivers of the courier service used by Data123 are RICA agents and will RICA the user upon delivery of the order. The person who will use the SIM is the person who will be vetted and must therefore be available to accept delivery. Under no circumstances will someone else be able to accept delivery on behalf of the user. Should the order be for business purposes an authorized representative for the business must be available to accept delivery and be vetted in his/her own capacity on behalf of the business.

Clients will be required in terms of the Act to keep their physical address updated with Data123 for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation together with legible copies thereof will be required for the RICA verification; the copies will be retained by the person delivering your RICA product:

For a Natural Person:

  • Proof of Identification
  • Proof of Physical Address (Home Address)

For a Business:

  • Proof of Company Details
  • Proof of Company Address
  • Proof of physical home address of company representative
  • Proof of Identity for the representative
  • Letter authorising selected representative to act as representative on behalf of the business

The following documents are accepted for verification purposes for RICA:

Identity Verification (Natural Persons and Company Representative):

  • Green bar-coded South African ID book
  • Valid temporary ID issued by Home Affairs
  • Valid South African passport
  • New bar-coded ID cards
  • For Non-South African citizens – Passport or valid VISA / permit

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

  • Lease Agreement (not older than 12 months)
  • Municipal Account (not older than 3 months)
  • TV License (not older than 12 months)
  • Telephone Account (not older than 3 months)
  • Bank Statement (not older than 3 months)
  • Retail account which is delivered to that address on a regular basis (not older than 3 months)

Company Detail Verification (Businesses):Company registration documents

  • Tax Clearance Certificate
  • SARS registration documents, or
  • Any other Government issued documents containing the Company details