Service Terms & Conditions

Roam connected

EXECMOBILE allows you to make low cost data connections on various GSM cellular networks from your EXECMOBILE SIM or EXECMOBILE-enabled device when registered to the EXECMOBILE service via a correctly configured SIM or mobile device. In order to use this Service You must agree to the terms and conditions that are set out below. Press the yes button when asked if you accept the terms and conditions during the service sign-up process. By using the Service You expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at EXECMOBILE Terms & Conditions

Agreement

These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and Executive Mobile Communications (Pty) Limited (“EXECMOBILE”).

Compliance with Applicable Laws

By entering into this Agreement You expressly confirm that You are legally entitled to enter this agreement.

Service Description

EXECMOBILE shall make every effort to provide a high level of availability for its mobile data Service. However, EXECMOBILE is unable to guarantee continuous, fault-free operation of its mobile data Service or certain transmission times or capacities. EXECMOBILE reserves the right to service its mobile data Service at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for data communication on third-party networks. No guarantee may be given for absolute protection of EXECMOBILE’s Service against unauthorized access or interception. EXECMOBILE shall assume no liability for any such occurrence. EXECMOBILE may at any time adapt or interrupt its services. EXECMOBILE may engage at any time a third party to fulfil any of its obligations under this contract.

Charges

You will be charged EXECMOBILE’s standard rate for the Service/s unless agreed in writing with EXECMOBILE. The EXECMOBILE Service operates on a pre-pay basis and you will be prompted to pay these rates in advance, unless you are a post-pay customer. A full list of EXECMOBILE’s rates for standard Services is published at www.execmobile.co.za. These rates may be changed from time to time, entirely at EXECMOBILE’s discretion, so you should check the EXECMOBILE website regularly to determine if any changes have been made or announced. If you have no credit in Your Account you will be unable to initiate a data session.

Marketing

In order for the EXECMOBILE service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not wish to receive such services you should notify us in writing. EXECMOBILE reserves the right to charge you a higher fee for the service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the EXECMOBILE website. EXECMOBILE may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. EXECMOBILE may from time to time send you information about our EXECMOBILE products and services. If you do not want to receive information about EXECMOBILE products and services you should contact us in writing at support@execmobile.co.za

Support

If you need assistance regarding the EXECMOBILE Service, please email support@execmobile.co.za or pocketwifi@execmobile.co.za You may also call one of our customer service numbers which are published at www.execmobile.co.za, our customer service is available 24/7/365. Numbers are

  • Europe: +353-21-4521907
  • UK: +44-20-80997266
  • USA: +1-415-829-5219
  • Hong Kong: 800-964-168 (toll free)
  • Australia: +61-3-9001-5540
  • New Zealand: +64-99097823
  • South Africa: +27-875502317

Termination

You may terminate this Agreement at any time with written notice to EXECMOBILE at support@execmobile.co.za EXECMOBILE may limit, suspend or terminate the Service and this Agreement if we think you are in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing You from accessing the Account and the Service. If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorised or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Refund Policy

You will be charged EXECMOBILE’s standard rate for the Service/s unless agreed in writing with EXECMOBILE. The EXECMOBILE Service operates on a pre-pay basis and you will be prompted to pay these rates in advance, unless you are a post-pay customer. A full list of EXECMOBILE’s rates for standard Services is published at www.execmobile.co.za. These rates may be changed from time to time, entirely at EXECMOBILE’s discretion, so you should check the EXECMOBILE website regularly to determine if any changes have been made or announced. If you have no credit in Your Account you will be unable to initiate a data session.

Charges

You may apply for a refund under the following circumstances:

  1. You have encountered operational issues with the SIM while travelling.

SIM must be returned to EXECMOBILE. Details must be advised in writing, including examples of issues encountered. EXECMOBILE will use its discretion to identify the problem. If the problem relates to the SIM card and its performance, a full refund for SIM and credit purchased will be awarded. Please note that the quality and coverage of roaming networks vary by country. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines while roaming. If the problem relates to any other issue not related to the actual SIM performance, a refund will be given for the unused credit portion only. Every attempt will be made to identify the problem in order to give you the option of using the SIM on your next trip.

To apply for a refund of your SIM and/or credit time, please follow the below steps:

  1. Send a detailed letter outlining the reasons for your refund request.
  2. Enclose the SIM card and send letter to the below address:
    • Att: EXECMOBILE Refunds Department.
    • Executive Mobile Communications (Pty) Ltd
    • P.O.Box 348
    • Riverclub
    • 2149
    • South Africa
  3. Allow 10 working days for refund to be processed.
  4. EXECMOBILE will reply to your request with an outcome by email.
  5. If a refund has been approved, the amount will be credited back to the credit card which was originally used for purchase for pre-pay customers.

Returning unwanted/not faulty goods ( South Africa Only )

If for any reason you change your mind about your purchase any item may be returned within 14 days of the date of receiving your order. Your item must remain in a saleable condition with original packaging and all seals unbroken. We will refund the price of the item excluding shipping costs after we have inspected the goods and confirmed the condition of the goods as appropriate for refund. Please supply the following details otherwise the claim will not be processed:

  • Full Name
  • Delivery address
  • Date of receipt of product
  • Order number
  • Reason for return
  • Please attach proof of purchase

Please send your returns in by courier or post only once you have received confirmation from EXECMOBILE – please note that we strongly advise you to use a secure registered and tracked service. If goods are not sent by a registered and tracked service lost good will be your responsibility. The cost of returning the goods is your responsibility.

Please note that all returns will be sent to our quality department for testing. Any SIM or device which has been used to avail of mobile services will not be accepted and will be returned to you within 7 working days (this does not affect your statutory rights).

Please note if returning goods we require the original invoice. Without this information we will be unable to identify the returned package as yours and we will not be able to process the return/ refund.

Please retain proof of posting. The goods remain your responsibility until they are received by us.

The card used to pay for your order will be refunded; this can take up to 10 days to appear on your account. The length of time it takes for the credit to appear on your account is mostly due to the speed at which your card issuer processes refunds.

Returning faulty goods

  • All devices are sold on a non-return basis and may only be returned for credit if found to be faulty within 30 days of dispatch from EXECMOBILE and provided that the following conditions are fully met.
  • All devices must be fully boxed and in AS NEW condition.
  • ALL returns must be returned complete: – Device, Box, Charger, Battery, Manual
  • EXECMOBILE reserve the right to reject returns for credit, if returned goods are found not to meet these requirements, all goods will be returned to you at your own cost and NO Credit will be issued.
  • All devices returned need to be classified with a reason for return.
  • IMEI match: – IMEI on Phone and Box must match
  • EXECMOBILE reserve the right to reject returns for credit any devices where the IMEI does not match box and device or the device is damaged or in poor condition.
  • Please ensure that all items are securely packaged.
  • All return costs will be covered by EXECMOBILE
  • Credit will only be issued upon completion of the above process and once the product has been returned back to us.
  • EXECMOBILE reserves the right to reject any NFF (No Fault Found) and the unit will be returned to you at your cost.
  • NFF (No Fault Found) are units that when tested the reported fault or any fault could not be reproduced.
  • Please note that all returns will be sent to our quality department for testing. Any device which has been used to avail of mobile services will not be accepted as a return under the Distance Sales regulations and will be returned to you within 7 working days (this does not affect your statutory rights under the Sale Of Goods Acts).
  • Please note if returning goods we require the original invoice or your full name and address. Without this information we will be unable to identified a returned package as yours and we will not be able to process the return/refund.
  • When re-packaging the goods, you need to ensure you have included the complete set of product items (including charger, battery, accessories, instruction manual and/or additional items that we originally sent to you, including any free gift.
  • Please retain proof of posting. The goods remain your responsibility until they are received by us.
  • The card used to pay for your order will be refunded; this can take up to 10 days to appear on your account. The length of time it takes for the credit to appear on your account is mostly due to the speed at which your card issuer processes refunds.

Assignment of rights

You may not assign your rights under this agreement unless expressly agreed by EXECMOBILE. EXECMOBILE may assign our rights under this agreement to any company that controls EXECMOBILE or that EXECMOBILE controls.

Ownership

All intellectual property rights in the EXECMOBILE Service do not imply any transfer of intellectual property rights. The service is copyright Executive Mobile Communications (Pty) Limited 2010 – 2012. EXECMOBILE is a registered trademarks of EXECMOBILE in South Africa. The EXECMOBILE logo and EXECMOBILE are trademarks of Executive Mobile Communications (Pty) Ltd and other territories.

Privacy

It’s important to EXECMOBILE to help our customers retain their privacy when they take advantage of all the Internet has to offer. We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the information you share with us. To protect your privacy, EXECMOBILE follows different principles in accordance with worldwide practices for customer privacy and data protection.

We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone.
We’ll use state-of-the-art security measures to protect your information from unauthorized users.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:

To make the site easier for you to use by not having to enter information more than once.
To help you quickly find software, services or information.
To help us create content most relevant to you.
To alert you to product upgrades, special offers, updated information and other new services from EXECMOBILE.

Consent

If you choose not to register or provide personal information, you can still use most of www.execmobile.co.za But you will not be able to access areas that require registration. If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding EXECMOBILE products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from EXECMOBILE.

EXECMOBILE occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.

Access

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Centre. There, you can:

View and edit personal information you have already given us.
Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.
Sign up for electronic newsletters about our services and products.
Register. Once you register, you won’t need to do it again. Wherever you go on www.execmobile.co.za, your information stays with you.

Security

EXECMOBILE has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you’re utilizing secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.

In addition, your bank can hold you liable in fraudulent credit card charges. If your bank does hold you liable for €25 or less, we’ll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

EXECMOBILE strictly protects the security of your personal information and honours your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in South Africa or any other country where EXECMOBILE, its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

ENFORCEMENT

If for some reason you believe EXECMOBILE has not adhered to these principles, please notify us by email at team@execmobile.co.za, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Centre, click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.

CUSTOMER PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across www.execmobile.co.za allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.

WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including YOUR NAME and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don’t use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

EXECMOBILE will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on EXECMOBILE or the site; (b) protect and defend the rights or property of EXECMOBILE and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of EXECMOBILE, its Websites, or the public.

Complaints

If you have any complaints about the service You should send them in the first instance to support@execmobile.co.za. For details on our Code of Practice send your request to support@execmobile.co.za.

No Warranty

While we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and You agree to accept the service “as is”. We reserve the right to suspend the service for technical, operational or other reasons. EXECMOBILE reserves the right to withdraw this service and any additional services at its sole discretion.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EXECMOBILE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; TITLE OR NON-INFRINGEMENT; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXECMOBILE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We reserve the right to make changes to these terms and conditions. You should check the EXECMOBILE website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.

Limitations and Exclusions of Warranties and Liability

Exclusions of Certain Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER), SHALL EXECMOBILE BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, EXECMOBILE’S NETWORK OR EQUIPMENT, OR THE SERVICE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OR THEFT OF DATA; TRANSMISSION DELAYS OR FAILURES; SERVICE INTERRUPTIONS; UNAUTHORIZED ACCESS OR DAMAGE TO RECORDS, SOFTWARE PROGRAMS OR OTHER INFORMATION OR PROPERTY; LOSS OF PROFITS; COST OF COVER; OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF EXECMOBILE HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN FORMS OF LIABILITY, SOME OR ALL OF THE EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY. IF ANY OF SUCH EXCLUSIONS ARE NOT ALLOWED UNDER THE LAWS OF A PARTICULAR STATE OR OTHER JURISDICTION FOR ANY REASON, THEN EXECMOBILE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES WITH RESPECT TO EXECMOBILE’S NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE AMOUNT OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO EXECMOBILE HEREUNDER FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

Disclaimer of Third Party Actions and Control

EXECMOBILE DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES’ NETWORKS TO WHICH EXECMOBILE MUST INTERCONNECT. THEREFORE, EXECMOBILE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES’ NETWORKS.

Limitation on Remedies

THE SERVICE CHARGE CREDITS LISTED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR ANY FAILURE BY EXECMOBILE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER SUCH FAILURE RESULTS IN DOWNTIME, NETWORK CONGESTION OR OUTAGES, OR ANY OTHER SERVICE FAILURE.

Entire Agreement/Severability

These Terms and Conditions and additional terms and conditions as explicitly identified on the EXECMOBILE website constitute the entire Agreement between You and EXECMOBILE. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Force Majeure

EXECMOBILE will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labour shortage or dispute, governmental act or failure of any third-party service or network.

Changes in Regulation

You and EXECMOBILE understand that regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on EXECMOBILE, EXECMOBILE is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. EXECMOBILE retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

Governing Law

This agreement is governed by the laws of South Africa. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Electronic Documents

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

Company Details

  • 14 Arlington Rd
  • Bryanston
  • Johannesburg
  • 2021

Additional Services, Features and Terms

EXECMOBILE may, from time to time, introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access

Language

We may translate the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail

Fees and Taxes

Your goods may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient’s responsibility and are completely beyond our control.

More Information

For more information, please contact us at team@execmobile.co.za. We will be more than happy to answer any questions you may have.