Introduction

1. In order to provide electronic communications services to its subscribers, Goldtel Industries (Pty) Ltd ("Goldtel") holds a licence exemption as a reseller of Radiospoor Welkom (Pty) Ltd issued by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the:

1.1. ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and

1.2. ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided by Goldtel to subscribers and potential subscribers.

2. Goldtel has developed its own Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with subscribers and potential subscribers.

3. A copy of the ICASA Code of Conduct Regulations 2008 is available here, while the ICASA End-user and Subscriber Service Charter Regulations are available here.

Definitions

6. "Business Day" means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.

7. "Business Hours" means 08h00-16h30 on Business Days.

8. "Customer" means a subscriber or potential subscriber of Goldtel.

9. "Service Application Form" means the collection of forms accessible from a Goldtel reseller, or on the Goldtel website that a Customer has to complete and sign in order to obtain any of Goldtel's services, which includes but is not limited to the customers' details, service(s) and hardware required, and terms and conditions. Note that the Service Application Form is not considered final until accepted in writing by Goldtel.

10. "Goldtel Customer Portals" means the secure Customer account login areas accessed via the Goldtel website, which allows Customers to view their Goldtel services and download private information such as invoices and statements.

Key Commitments

11. Goldtel makes the following key commitments and will endeavour to:

11.1. Act in a fair, reasonable and responsible manner in all dealings with Customers;

11.2. Ensure that all its services and products meet the specifications as contained in Goldtel's licence exemption and all the relevant laws and regulations;

11.3. Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;

11.4. Display utmost courtesy and care when dealing with Customers;

11.5. Provide Customers with information regarding services and pricing;

11.6. Where requested to do so, to provide Customers with guidance with regard to their service needs; and

11.7. Keep the personal information of Customers confidential unless Goldtel is:

11.7.1 In possession of written authorisation from the Customer to do so;

11.7.2 Required to release such information for the purpose of briefing Goldtel's auditors, professional advisors or an accredited debt collection agency; and/or

11.7.3 Otherwise authorised or required by any law or an order of Court.

12. Customers have the right to refer Complaints to ICASA as more fully set out below.

Consumer Rights

13. The ICASA Code of Conduct Regulations 2008 stipulate the following (non-exhaustive) list of consumer rights held by subscribers and potential subscribers:

13.1. A right to be provided with the required service without unfair discrimination;

13.2. A right to choose the service provider of the Customer's choice;

13.3. A right to receive information in the Customer's preferred language (Goldtel will do its best to meet this request where reasonable);

13.4. A right to access and question records held by Goldtel which relate to the customer's relationship with the service provider;

13.5. A right to the protection of the Customer's personal data, including the right not to have personal data sold to third parties without the Customer's express permission;

13.6. A right to port a number in terms of applicable regulations;

13.7. A right to lodge a complaint; and

13.8. A right to redress.

Availability of Information

14. The following information can be obtained from Goldtel by email request to [email protected] (with no charge payable), and is available for inspection at Goldtel offices during business hours:

14.1. Goldtel's range of services/products on offer;

14.2. Tariff rates applicable to each service offered;

14.3. Terms and conditions applicable to such services/products;

14.4. Payment terms;

14.5. Billing, billing processes and the Billing Disputes Procedure;

14.6. General Complaints Procedure; and

14.7. Relevant contact details.

Billing

15. Goldtel will provide the Customer with access to the Goldtel Customer Portals for itemised billing, invoices and statements.

16. Billing terms are also set out on Goldtel's invoices and in the terms and conditions which form part of the Service Application form.

Defective Items

17. Where a product is defective, Goldtel will investigate the issue and will replace it in accordance with the manufacturer's warranty for that product.

Application/Credit Vetting

18. Where applicable, Goldtel reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.

Terms and Conditions of Service

19. Goldtel will provide the Customer with a copy of the written terms and conditions relating to the Service as part of the sign-up process. The terms and conditions form part of the Service Application Form, which will not be processed until the Customer signs the terms and conditions.

20. These documents will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination.

21. Where Goldtel affects changes to the terms and conditions of its service, Goldtel will inform the Customer of such changes within a fair and reasonable period.

22. Customers will be required to submit a copy of the signatory's ID book and acceptable proof of physical address for RICA purposes, as part of the sign-up process.

Minimum Service Standards

23. The End-User and Subscriber Service Charter Regulations 2016 set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):

23.1. 95% network service availability averaged over 6 months;

23.2. 95% service availability averaged over 6 months;

23.3. For Fixed Services, 95% success rate in meeting residential services installations within 30 days of request measured over 6 months, and 90% successful installations for business services within 30 days of request measured over 6 months;

23.4. For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months, and for Mobile Services 99% activated within 48 hours measured over 6 months;

23.5. For Fixed, 90% of faults cleared within 5 days measured over 6 months, and for Mobile Services, 95% of faults cleared within 24 hours measured over 6 months;

23.6. Average call setup success ratio must be greater than 98% averaged over 6 months;

23.7. Average call setup time must be less than 20 seconds averaged over 6 months;

23.8. Average dropped call ratio must be less than 3% averaged over 6 months;

23.9. Average speech quality on the Mean Opinion Score (MOS) must be greater than 3 averaged over 6 months.

24. Goldtel will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to Goldtel.

25. Goldtel will provide full reasons to the Customer where it is not able to meet the Customer's request for service or activation within these time periods.

26. Goldtel with monitor its networks and services 24/7/365.

27. Customers acknowledge that Goldtel is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that Goldtel cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Miscellaneous

28. Any queries relating to this Code of Conduct and Service Charter should be sent to [email protected].

29. This Code of Conduct and Service Charter forms part of the Terms and Conditions applicable to the use of Goldtel's services and products and is incorporated therein.

Translatable versions of the Goldtel Industries (Pty) Ltd Code of Conduct and Service Charter can be accessed here.

Translatable versions of the Radiospoor Welkom (Pty) Ltd Code of Conduct and Service Charter can be accessed here.