Terms of service

Cloudvoice (Pty) Ltd · Effective [date]

Draft for legal review. Text in highlighted brackets must be completed before these terms are published.

1. Who we are

The services are provided by Cloudvoice (Pty) Ltd, registration number [registration number], of [registered address] ("Cloudvoice", "we", "us"). Cloudvoice operates the voice, numbering, messaging and AI services described on this website, including Hosted PBX, SIP trunks, programmable voice (CPaaS), SMS, caller identity management (mobiCaller+), the high volume and broadcast platforms and the collection platform (mobiCollect).

2. These terms

These terms apply whenever you use our services or sign an order or quote with us. If an order, quote or service schedule signed by both of us says something different, that document applies for that service. By using the services you confirm that you are acting for a business and that you may bind it to these terms.

We may change these terms. We will tell you about material changes at least [30] days before they apply, by email or in the service. If you keep using the services after that date, the new terms apply.

3. The services

We provide each service as described in your order and on its page on this website, as updated from time to time. We may improve or change how a service works, provided the change does not materially reduce what you ordered.

Some services rely on other networks and providers, such as mobile and fixed-line operators, messaging providers and AI model providers. We choose and manage these providers, but we are not responsible for faults in networks we do not control.

4. Your account

• Keep your sign-in details, API keys and SIP credentials secret, and tell us straight away if you think they have been misused. You are responsible for use of the services through your account and credentials.
• Keep your contact and billing details up to date.
• Fraudulent use of your account, including calls run up by someone who obtained your credentials, is charged to you unless it resulted from our own failure.

5. Fees and payment

• Fees are set out in your order, quote or the service's price list. Prices are in South African rand and [include / exclude] VAT.
• Prepaid services are deducted from your balance as you use them, and stop when the balance runs out. Post-paid services are invoiced [monthly in arrears] and payable within [30] days of the invoice date.
• We may charge interest on overdue amounts at the rate allowed by law, and suspend services while an amount is overdue, after giving you notice.
• We may change our prices with [30] days' notice. Call rates that depend on other operators may change at shorter notice when their charges change.

6. Numbers

Telephone numbers are allocated under the national numbering plan regulated by ICASA. Numbers we assign to you remain allocated to us and are made available to you for as long as you use the service and pay for it. Where the law allows, you may port a number to another provider when you leave. We may need to change a number if the regulator or an operator requires it, and will give you as much notice as we can.

7. Acceptable use

You must use the services lawfully and in line with our acceptable use policy, which forms part of these terms. In particular, you are responsible for the calls and messages you send, for having the consent the law requires, and for honouring opt-outs.

8. AI agents and recordings

• AI agents act on the instructions, knowledge and rules you give them. Check what they say for your business, and review their work. AI can make mistakes; you remain responsible for decisions you make based on it.
• Our AI agents tell the people they speak to that they are AI assistants. You may not configure an agent to claim to be a person.
• Where calls are recorded or transcribed, you must make sure the people on the call are told, as the law requires.

9. Emergency calls

Internet-based voice services depend on power and an internet connection, and may not pass your location to emergency services. Unless your order says otherwise, do not rely on our services as your only way to reach emergency services; keep a mobile phone or another line available.

10. Availability and support

We work to keep the services available at all times, but we do not promise that they will be uninterrupted or free of errors. We may carry out planned maintenance, and will try to do it outside business hours and give notice. Any service level we commit to is set out in your order.

11. Personal information

We process personal information in line with the Protection of Personal Information Act, 2013 (POPIA) and our privacy and POPIA notice. When we process personal information of your customers or callers on your behalf, we act as your operator: we process it only on your instructions and keep it secure, and you remain the responsible party, including for having a lawful basis to process it.

12. Suspension and termination

• Either of us may end a service as set out in its order, or on [30] days' written notice where no minimum term applies.
• We may suspend a service straight away if it is being used unlawfully or fraudulently, in breach of the acceptable use policy, or in a way that threatens our network or other customers. We will tell you why, and restore the service once the problem is fixed.
• When a service ends, you pay for what was used up to that point. We delete or return your data as set out in the privacy notice.

13. Liability

To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits, revenue or data, and our total liability in any 12 months is limited to the fees you paid us for the affected service in that period. Nothing in these terms limits liability that cannot be limited by law, including under the Consumer Protection Act where it applies.

14. General

• These terms are governed by the law of the Republic of South Africa, and the courts of South Africa have jurisdiction.
• Notices to us go to [legal@cloudvoice.network]; notices to you go to the email address on your account.
• If any part of these terms is invalid, the rest still applies. A delay in enforcing a right is not a waiver of it.