Carbon Dial (Pty) Ltd

Terms & Conditions
In this document: “we”, “our” and “us” means Carbon Dial (Pty) Ltd, “we”, “our” and “us” related to the “App” means the NoPBX App(s) available for Android and iOS, and the “Service” means the telephony services facilitated by the App; the service and the app belong to Trabel (Pty) Ltd.

The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to Trabel (Pty) Ltd By downloading or using the App, these terms and conditions will automatically apply to you – you should therefore make sure that you read them carefully before using the App. You are not allowed to copy or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages or make derivative versions.

We are committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for the Service at any time and for any reason. We will never charge you for the App or the Service without making it very clear to you exactly what you are paying for.

The App stores and processes personal data that you have provided to us in order to provide the Service. It is your responsibility to keep access to your phone and the App secure. We therefore recommend that you do not jailbreak or root your phone (in other words, remove software restrictions and limitations imposed by the official operating system of your device). This could make your phone vulnerable to malware / viruses / malicious programs, compromise your phone’s security features, or it could make the App not work properly or at all.

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the App not working at full functionality or at all if you don’t have access to Wi-Fi and you don’t have any of your data allowance left.

If you are using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third-party charges. In using the App, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

The app will only work in the home country of your cellular network that provides your SIM card. The App is specifically designed not to work while out of your home country, in order to protect you from roaming GSM phone charges, and to notify you of this. If, however, you do manage to make use of the App while roaming, you understand that the roaming charges incurred from your network by this will be for your account.

We can also not take responsibility for the way you use the App, for example if your device runs out of battery and you can’t turn it on to access the Service.

With respect to our responsibility for your use of the App, when you’re using the App it is important to bear in mind that although we use best efforts to ensure that it is updated and correct at all times, we do rely on third parties to provide information and services to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, that you may experience as a result of relying wholly on the functionality of the App.

We may periodically wish to update the App. The system requirements for the App may change, and you may need to download the updates if you want to keep using the App. We do not guarantee that the App will always update so that it is relevant to you and/or works with the OS version that you have installed on your device even if you always accept the updates to the App when offered to you. We also do not guarantee that the App will work on any new device, in the event that you acquire and wish to use such a new device with the App. We may also wish to stop providing the App and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licences granted to you in these terms will end; and (b) you must stop using the App, and (if needed) delete it from your device.

The Service is a prepaid telephony service; you will be required to maintain a Company Credit balance on your account at www.portal.nopbx.co.za in order for the Service to function properly. The cost of telephone calls made through the Service will be deducted from your Company Credit balance in real time, in other words, after each call is completed.

There are also monthly charges for connection to the Service, which are charged in arrears at the end of each calendar month. You will be sent a billing advice notice showing the amount and breakdown of these before billing happens each month, and these will be deducted from your Company Credit balance at the end of the month to which they relate. If you do not have enough Company Credit available to cover these charges, we reserve the right to “soft lock” your account, which means that no calls may be made or received through your NoPBX until your Company Credit balance is returned to credit by making payment. During a soft lock, you will however still receive voicemails from callers. If your account remains in arrears for 30 days or longer, we reserve the right to terminate the Services supplied to you, terminate access to your account, and reclaim your NoPBX telephone number(s).

The Service is subject to a fair usage policy regarding inbound telephone calls (telephone calls that you receive). Specifically, the pricing of the Service is not provided nor intended for use by inbound call centres. If you receive an excessively high proportion of inbound calls, we reserve the right to either cap inbound calls for the month, or to charge a fee to receive further inbound calls, or to discontinue the Service on notice to you. Similarly, the Service will be subject to fair usage policies where bundled call packages are offered. If you are in excess of fair usage on these, we reserve the right to either restrict further calls for the month, or to charge a fee for further calls, or to discontinue the package on notice to you.

You may port your existing telephone number(s) into the Service, or we may provide you with telephone numbers(s) for use with the Service. If you terminate the Service, you may port your number(s) out from the Service. We reserve the right to refuse outward porting if your account is not in good standing. Please note further that 087 telephone numbers may not be ported out of the Service due to statutory ICASA restrictions on these.

The monthly Call Limit that may be set on extensions is provided as a guide for users to manage spend on outbound telephone calls, and does not include any other monthly charges (such as monthly charges or fixed call packages) associated with each extension. For the avoidance of doubt, if an extension exceeds its monthly Call Limit for whatever reason you will still be liable to make payment for this.

In certain circumstances, such as allowing completion of calls in progress at the credit cutoff point, your account may be allowed to go into debit. In this instance, you will be required to pay any debit balance incurred before payments are allocated to further credit.

We may on request supply you with SIM cards and telephones to work as dedicated cellular extensions for use with the Service. These SIM cards are intended only to carry NoPBX calls, which will not be charged to the SIM cards, and are not intended to be used to make direct SIM card calls, messages or data. Any calls, messages or data spend made by your users through these SIM cards will be deducted from your Company Credit balance at standard cellular network rates. In the event that your account is in arrears at any point, we reserve the right to suspend the operation of these SIM cards until the arrears situation is rectified.

NoPBX credit that you purchase will not expire, so long as your account remains active. We reserve the right to expire promotional credit that we give you according to the terms and conditions at the time of the promotion or gift. In the event that you close your account you may on request be refunded any unused credit. This refund will be made 60 days from closure of your account, to allow for any outstanding charges to first be received and applied.

Changes to these Terms and Conditions
We may update these Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact Trabel (Pty) Ltd at Box 2810, Clareinch, Cape Town, 7440, South Africa and Carbon Dial (Pty) Ltd at Key West, Unit 404, Kildare Road, Milnerton, Cape Town, 7441.