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POPIA

Ace Peak Investment

Privacy Policy 2022

This Notice explains how we use, disclose, and obtain your personal information in accordance to the Protection of Personal Information Act 4 of 2013. (“POPIA”)

Acepeak Investment, and this website, POPIAct Compliance, are committed to protecting privacy. We will ensure that personal information is properly collected, used lawfully, and transparently.

Information we collect

Acepeak Investment Apps, Websites and Services may collect Personal Data through third parties or itself. These include: Cookies; Usage Data; first, last, and company names; address, state, email address; city; different types of Data; geographical position.

You will find detailed information on every type of Personal Data that has been collected in this privacy policy, or in specific explanation texts prior to data collection.

The User may freely provide personal data or, in the case of Usage Data automatically collected when using Acepeak Investment Apps, Websites and Services.

Acepeak Investment will only request the Data that is required, unless otherwise stated. Websites, apps, and services are mandatory. Failure to provide these Data could make it impossible for Acepeak Investment websites, apps, and services to provide their services. Acepeak Investment Websites and Apps may specify that certain Data is optional. Users can choose not to share this Data, but it will not affect the availability of the Service or its functioning.

If you are unsure about what Personal Data is required, please contact the Owner.

Acepeak Investment Websites and Apps may use Cookies or other tracking tools to provide the service requested by the user.

Users are responsible to any third-party Personal Data published, shared, or shared via Acepeak Investment Websites and Apps. They also confirm that the third party has given their consent to the Owner providing the Data.

How we use your data

Your personal data will only be used for the purpose for which they were collected. We have also agreed to this in accordance with POPIA. Personal Data will be stored and processed for the time required by the purpose for which they were collected. Acepeak Investment will not collect, use, or disclose Personal Information about you without your consent, except as permitted by law.

Therefore:

Personal Data that is collected to perform a contract between an Owner and a User will be kept until it has been completed. The Owner may retain personal data collected for legitimate purposes as long as necessary. You can find more information about the Owner’s legitimate interests in the relevant sections or by contacting him. If the User consents to such processing, the Owner may allow them to keep Personal Data longer than usual. However, such consent must not be withdrawn. The Owner may also be required to keep Personal Data longer if it is necessary to fulfill a legal obligation, or on order from an authority. Personal Data must be deleted once the retention period has expired. After the expiration of the retention period, Personal Data cannot be accessed, erased, rectified, or transferred to another party.

Information disclosure

Your personal information may be disclosed to service providers involved in the delivery or provision of products and services. We have agreements that ensure they adhere to the Privacy of Personal Information Act’s privacy requirements.

We might also share your information:

If we are required or permitted to disclose under law or industry codes
We believe it is necessary for us to protect our rights.
Acepeak Investment will comply with all applicable laws if it sends Personal Information to South Africa, even if it is stored offshore.

Information Security

We are legally required to protect the personal information that we have and to prevent unauthorized access to or use of it. On an ongoing basis, we will continue to evaluate our security procedures and other processes in order to protect your personal data. We impose appropriate security and privacy obligations upon third parties when we contract with them. This is to ensure that any personal information we are responsible for is kept safe. We will make sure that any person to whom we provide your personal data agrees to protect it with the same level as we do.

Definition of personal data

The Act defines personal information as information that relates to an identifiable, living, natural individual and, where applicable, to an existing, identifiable juristic person. Acepeak Investment can ask you for information in accordance with the POPI Act.

Email address

First and last names

Telephone number

Postal or physical business addresses

Name of the Company

Register Number for Company

Vat Number

Tracking Technologies and Cookies

Acepeak Investment Websites and Apps uses Trackers managed by the Owner (so called “first-party Trackers”) and Trackers that allow services to be provided by third-parties (so-called” “third-party Trackers”). Third-party providers can access the Trackers managed and maintained by them, unless otherwise stated in this document.

The lifetime of the Cookie or other similar Tracker may affect the validity and expiration dates. Some expire when the user ends their browsing session.

Other than what is described in each category, users may also find more accurate and current information about lifetime specification as well other relevant information (such as the presence or other Trackers) in the privacy policies of third-party providers.

For more information on our cookies and similar trackers, please visit our Apps, Websites, and Services Cookie policy. For more information about third-party analytics, email marketing and remarketing, please refer to our Privacy Policy.

Update of Privacy Policy

Acepeak Investment reserves the right, at its sole discretion to modify, update or amend this Policy at any time, with or without prior notice. Therefore, you agree to and undertake that you review the Policy every time you visit the Website. Except as otherwise stated in the Policy, any amended Policy shall replace or supersede all prior versions.

Contact Information

Contact Information

Conditions

Acepeak Investment

SUBSCRIPTION SERVICES AGREEMENT

This Subscription Services Agreement (“Agreement”) governs customer’s use (as described below). This Agreement is between Customer (“Customer”), Acepeak Investment, Inc., and/or its affiliates (“Acepeak Investment”) Acepeak Investment, Customer can be referred to individually or together as “Parties”.

CUSTOMER ACCEPTS THIS AGREEMENT BY CLICKING ON A BOX INDICATING ACCEPTANCE. CUSTOMER REPRESENTATIVES ARE INDICATING CONSENT TO THIS AGREEMENT. IF CUSTOMER REPRESENTATIVE DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE TO THESE TERMS, CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

Acepeak Investment, its Affiliates, and licensors are the owners of all Acepeak Investment Subscription Services versions, documentation, software, and any future updates, new versions, and upgrades (collectively, “Service” or “Services”) and have the right to license the use of the Service. Acepeak Investment is willing to grant Customer a limited license for access to the Service and the following terms. Subscription Services are a hosted service that bundles web-based access with the right to use the supported applications as well as the associated reference, user, and technical guides. Acepeak Investment may deny access to the Service to customers who are directly competitors, unless Acepeak Investment has given its prior written consent.

Acepeak Investment and Customer enter into an agreement when Customer accepts it or when Customer uses the Service. Acepeak Investment reserves the right to modify the terms of this Agreement at any time.

This Agreement replaces any terms and conditions associated with Customer purchase orders for the provision of Service(s).

  1. LICENSE.
Acepeak Investment grants Customer a limited worldwide, non-exclusive and non-sub-licensable license to End Users to access the Service according to the terms and conditions of this Agreement. End Users are individuals who (i) have been authorized by Customer to access and use the Service; and (ii), who have been given unique user IDs and passwords. End Users are responsible for adhering to this Agreement.
  1. TERM.
This license shall begin on the date Customer purchases the Service and expire at the end the service period. You may cancel the Service at any time. Unless otherwise agreed, the term of the Service is one month. This Agreement will automatically renew each month on a monthly calendar basis. If Customer cancels Service before the end of any given term, any unbilled charges or fees that were incurred prior to such end will be immediately due and payable.
  1. SERVICES.
Acepeak Investment offers the Services only for business use. This Agreement contains the terms and conditions. Acepeak Investment can modify the Services within thirty (30) days of written notice or earlier if required to by any regulatory authority.
  1. USE WITH CONSTRAINTS.
1. The Service can only be used by Customer for legal purposes. It cannot be used to violate any Acepeak Investment operating rule, policy, or guideline. Customer must not use or permit the Services to be used in any way to transmit inappropriate or prohibited content. Acepeak Investment reserves the right to refuse to transmit, send, or deliver any message or call it believes, based on industry experience and reasonable judgment, contains inappropriate or prohibited content. Furthermore, the Customer agrees not to
  • Modify, copy, or create derivative works on the Service
  • Make Internet “links” or reproduce content from the Service.
  • You may decompile, disassemble or reverse engineer the Service or a portion thereof or access it to copy any ideas or features, content, functions, or graphics.
  • Interfere or disrupt the integrity of the Service’s performance;
  • Sending or storing infringing or threatening material via the Service
  • Use the Service to send or store viruses or malicious codes
  • Attempting to gain unauthorized access to the Service, its software, platforms, or networks.
  • You may use any components that are included with the Service, if they are applicable, apart from the Service.
  • Access the Service to monitor their performance, availability or functionality or any other benchmarking or competition purposes.
  • Modify, delete, or remove any ownership notices (“Identification”) from any Service
  • Inject malicious or foreign code into the Acepeak Investment Service’s source code;
  • To release any feedback related the Service to any other party without Acepeak Investment prior written consent
  • Conduct any vulnerability scanning and penetration testing.
  • The Service may not be used for any other purpose than that which is specifically stated in the Agreement.
  • Contact emergency services. Please refer to 9. Please see 9.
  1. Customer is responsible for keeping confidential passwords that have been assigned to them secret. If Customer becomes aware of a password being lost, stolen, disclosed or compromised to an unauthorized party, Acepeak Investment will notify it immediately. Customer is responsible for all activities that occur under Customer’s account, including any passwords used by Customer. Customer will use commercially reasonable efforts (i) to prevent unauthorized access to or use of the Service and promptly notify Acepeak Investment of such unauthorized access or use and (ii), comply with all applicable laws when using the Service.
  2. Customer is responsible to comply with all applicable laws, including privacy laws and regulations, regarding the collection, use and processing of Customer Data. Customer Data is any electronic data or information that Customer submits to the Service. Customer agrees to the possibility that Customer Data may be transferred to another country than Customer’s or where it originated.
  3. Acepeak Investment will create user accounts for employees and contractors who have a legitimate business requirement to access Customer account(s), Customer Data, and/or Customer Accounts.
  1. CHARGES AND PAYMENT TIME TERMS
  1. Charges and fees. Acepeak Investment charges and fees. Customer agrees that for each month of service, Acepeak Investment will charge the customer according to the pricing set out on the Acepeak Investment website, the Acepeak Investment online purchasing portal, and/or the price agreed to by the Parties in a quotation at the time of purchase. A discount may be available to Customer who purchases an annual plan. All annual plans require payment in advance to cover the entire term.
All outbound calling rates are determined by the current rate at the time of usage. SIP Trunks outbound calls will be charged according to the pricing schedule found under the “Outbound Rates” tab in the Acepeak Investment online portal. Your sales representative can confirm the billing for the forwarding leg of Jetpack or Flex virtual numbers based on your country of forwarding.
  1. Payment terms. Acepeak Investment will invoice Customer on a monthly basis for services beginning at the start date of Service, unless Customer has an annual plan. See 5.1. The customer agrees to pay all invoices in full within seven business days from the invoice date without any deduction or offset. All payments must be made in the US Dollars as indicated on the invoice. Prepayment is required for all first-time customer orders. Online purchases require payment via credit card. Customers receive invoices by email only. Our portal also allows you to access your invoices. Accounts set up for automatic credit card payments will be charged immediately for the invoice amount.
  2. Billing Increments. Each call processed by the Service shall be charged in 60 second increments, and then 60 second increments thereafter, unless otherwise noted on the applicable Acepeak Investment rates schedule(s), as amended from time-to-time by Acepeak Investment.
  3. Cancellation Policy. Cancellation Policy. Customer must cancel service before the end of the contract term. Customer is responsible for any monthly fees. The Agreement is not void. Customer will still be responsible for any accrued or unpaid charges. Customers are not entitled to a refund for any portion of unpaid Service fees if they cancel their Services early.
  4. Final Charges. Final Charges. Customer agrees to pay full monthly recurring fees. Customer will receive a prorated credit equaling the amount of the current month’s recurring fees upon termination of service. Customer will be charged the final monthly recurring charge for the services that were canceled.
  5. Credit Limit Each Customer account has a credit limit. Customers will be notified multiple times if their credit limit is reached. This notification starts when the balance reaches eighty percent (80%). If the credit limit is reached, service will be suspended. Non-payment terms aside, customer acknowledges and accepts that they may need to make interim payments in order to avoid service suspension in the event that the account balance reaches the credit limit before the monthly invoice is released.
7. Fees.
  • Late Fees. Late Payment Fees. Acepeak Investment reserves right to charge late payment fees. These will accrue interest at the rate 1.5% of unpaid service charges per month or the maximum legal rate under applicable law. Acepeak Investment may also charge an administrative processing fee for late payment. The amount of the delinquent invoice will determine the fee. See the following schedule:
  • Credit Card Charge-Back and Returned Payment Fees. Acepeak Investment charges $50.00 to Customer for credit card charge-backs, returned checks, or any other bank return payment.
  • A $4.99 administration fee is charged to every Acepeak Investment customer in order to pay for account management, invoice preparation and other payment processing costs.
  1. Rate Adjustment Schedule. Acepeak Investment reserves right to change or delete Service offerings to certain locations, with written notice of 5 days to the Customer. Acepeak Investment can modify or remove Service offerings in Mexico within 24 hours of written notice.
  2. Taxes. Taxes. Acepeak Investment will invoice Customer for any Taxes that Acepeak Investment has to pay. A valid tax exemption certificate may be provided by Customer to exempt Customer from any taxes otherwise due. Acepeak Investment will not invoice Customer if Acepeak Investment is required by a taxing authority to.
  3. Compliance Fee. The pricing structure includes an administrative cost recovery fee to recover worldwide tax and regulatory compliance. This is known as the INTFEE. This INTFEE fee of 21.1% is applicable to monthly subscriptions as well as to call traffic.
  4. Disputes regarding billing. Any billing discrepancies must be reported to Acepeak Investment in writing, in sufficient detail and within 60 days from the invoice date. Acepeak Investment will consider the customer to have waived any billing disputes if Acepeak Investment receives notice after that time. Any notice of billing discrepancy received by Acepeak Investment must be responded to within 30 days.
  5. Governing Law and Dispute Resolution. Any dispute, claim, controversy or claim arising from or relating this Agreement or the formation, interpretation or breach thereof, or their validity or termination (the “Controversy”) will be given by one Party to the other Party in writing. To resolve the Controversy, the Parties must engage in good faith negotiations. If the Controversy cannot be resolved by good faith negotiations within thirty days after the receipt of the written notice, the matter may be submitted for binding arbitration or litigation in any state or federal court in Atlanta, Georgia. The laws of Georgia, U.S.A. will apply. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. This Agreement does not preclude either Party from seeking injunctive relief immediately from any court with jurisdiction over the parties and the subject matter.
  6. Suspension of Service. Acepeak Investment reserves all rights to suspend or terminate Service immediately. Acepeak Investment cannot resume service until Customer has paid all fees and penalties and provided any additional assurance that Customer can pay for the Service. Acepeak Investment can cancel the Agreement with the same effect if Customer fails to pay the required amount or correct any conditions that led to the suspension of service within the time limit set by Acepeak Investment.
  7. 30 Day Service Guarantee. All services come with a 30-day guarantee. If the customer is not happy with their solution, they can cancel services at any time within the first 30 day. Acepeak Investment will reimburse the monthly recurring fee (“MRC”) per number of seats to Customer if they cancel within 30 days. This is in accordance with the 30-day Service Guarantee. Customer must cancel within the first 30 days to receive a refund. Customer is responsible for returning all Acepeak Investment-owned equipment and licenses in good condition.
  8. Adding Services. Customers can add additional services by their authorized users. These users must have Customer’s default authorization to legally enter into this Agreement. They can do so through the Acepeak Investment webshop portal, by calling their Acepeak Investment customer service representative, or through the Acepeak Investment online order portal. The Customer authorizes these authorized users (i) to add Services to Customer’s Acepeak Investment account; (ii) to commit Customer to paying for these Services on an ongoing monthly basis. Acepeak Investment is further authorized by Customer to receive payment from Customer every month of the Customer’s current statement balance using Customer’s current payment method. You may not be able to purchase additional services.
  1. Abuse Policy. The Services can only be used by Customer for legal purposes. They may not use the Services in violation of any Acepeak Investment operating rule, policy or guideline. It is prohibited to dial or robocall. It is not permitted to call card applications or use them. Acepeak Investment will cooperate fully with law enforcement in the event of criminal activity. Acepeak Investment can immediately suspend or terminate Services if it believes that Customer or its end-users are using the Service in a way that restricts or inhibits anyone, regardless of whether they are Acepeak Investment users or not, or if Acepeak Investment suspects the Services have been used in an illegal manner. Acepeak Investment reserves right to charge Customer $1500 for any law enforcement action (LEA), against any Service provided by Customer or its End-User.

These terms of service must be followed by Customer and Customer’s End-Users for all Services, including but certainly not limited to:

  • Genius Unlimited Calling Plans
  1. Acepeak Investment provides unlimited monthly domestic calls (the United States or Canada)
  2. The Unlimited Plan includes a local / DID number. It is subject to the terms and restrictions of “Acceptable Fair Usage Policy” which allows 3600 minutes per number per calendar month.

iii. Acepeak Investment can suspend unlimited service if it believes that the unlimited service has been used for prohibited purposes or the call usage volume is in violation of the Fair Use Policy.

  1. Acepeak Investment may give you a notice in writing before you take any action. You may also be allowed to change such use within a reasonable time.
  • Genius SIP Trunking. Standard capacity includes up to 100 channels. Custom quotations are available for higher capacity trunking.
  • Calls per Second. Except when Service is used for Audio Conferencing Access, Customer may not make more than 5 calls per minute during any given period. Acepeak Investment will immediately suspend Customer Service without prior notice.
  • Setting up Ported Numbers. Acepeak Investment will not allow Customer to port a telephone number to it unless the number is legally obtained. Customer warrants and represents that he has the power and authority to port a phone number to Acepeak Investment.
  • Disallowed Content. Customer warrants that it and its End-Users will not order or port any number for SPAM, abusive messaging or any other violation of applicable laws. They will also not transmit, send or reply to any of the disallowed content. Acepeak Investment and its network operators providers have the right to block any of the following content.

  • Payday loans

    Low interest loans with short terms

    Auto Loans

    Mortgage loans

    Student Loans

    Debt collection

    Programs for Work From Home

    Risk Investment Opportunities

    Consolidating Debt

    Debt Reduction

    Credit Repair Programs

    Cannabis and other illegal substances

    Phishing

    Fraud and Scam

    Marketing tricks that deceive

    1. Rollover. Rollover.
  1. LEGAL COMPLIANCE; INDEMNIFICATION
  1. Licenses and legal compliance. Compliance with laws and rules. Customer is responsible for compliance with all applicable rules, laws and regulations for receipt and resale. If applicable, customer must obtain and maintain all licenses, registrations and approvals from all regulatory authorities necessary for the operation of Acepeak Investment’s Services reseller. Acepeak Investment will request copies of any such registrations or licenses. Customer must notify Acepeak Investment within 24-hours of any revocation, suspension or termination. Acepeak Investment and its affiliates, officers, directors, employees, subsidiaries, and suppliers shall be held harmless by Customer from any costs, fees and damages arising from or resulting from Customer’s failure to comply. If Customer fails to meet these requirements, Acepeak Investment can immediately terminate the Agreement.
  2. Resale of service. The Services may be resold to customers by the customer to the extent permitted by law, rule or regulation. The Services may be resold by Customer (including its representatives and sales agents) under its own trade name. It may use its logos and marks and not Acepeak Investment trademarks, service marks or trade names. Acepeak Investment must have written authorization. This Agreement refers to the “End-User(s),” who are customers of the Service after it is resold by Customer.
  3. Recording. Some Services allow Customer to record audio or data that is shared during sessions. While using recording functionality, Customer is responsible for complying to all applicable laws in the relevant countries. This includes obtaining consent and proof of consent. Acepeak Investment disclaims any liability for Customer’s recordings of audio or shared information and Customer agrees that Acepeak Investment will not be held liable for any damages or liabilities resulting from the recording of any audio/data. Acepeak Investment can record and monitor telephone calls, chats and other communications between Customer and Acepeak Investment for training purposes, quality control, trouble-shooting and other reasons. Acepeak Investment retains and Customer grants Acepeak Investment permission to record telephone calls and capture telephonic details. Customer may also use the Services to quality control, troubleshooting, and other legal business purposes.
  4. Fraudulent Calls. Fraudulent Calls. Customer shall pay for all costs, expenses, claims or actions arising from or resulting in fraudulent calls of any kind, which could comprise a portion or all of the Service.
  5. Indemnification. Indemnification. Customer agrees that Acepeak Investment, its directors, officers and employees, as well as any third-party provider or operator of facilities used for the provision of Service, will forever indemnify and hold harmless Acepeak Investment, its affiliates and suppliers.
  1. OTHER CUSTOMER OBLIGATIONS
  1. End-User Responsibility. If applicable, the Customer is responsible for all End-Users including solicitation and service, requests and creditworthiness. Acepeak Investment shall indemnify and hold Acepeak Investment liable for any costs, including attorney’s fees, arising from or resulting from these responsibilities.
  1. End-User Collections. End-User Collections. If applicable, Customer’s inability or unwillingness to collect from its End Users, or any agreement regarding billing adjustments granted to End-Users for adjustments for fraudulent charges or directory assistance, does not relieve or absolve Customer of any obligation to pay Acepeak Investment the Services.
  1. DISCLAIMER AND LIMITATIONS OF LIABILITY and EXCLUSIVE REMEDY
  1. Acepeak Investment will provide the Services according to the terms and conditions in this Agreement. Acepeak Investment shall notify the Customer immediately if there is an interruption in service and provide any information necessary to allow Acepeak Investment time to restore the service. The SERVICE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. Acepeak Investment and its affiLIATES and LICENSORS do not warrant that any service will satisfy the customer’s requirements, or that any service is free from defects or errors. Acepeak Investment disclaims all representations and warranties, express or implied, regarding the SERVICE. This includes, but is not limited to, any implied warranties of merchability; fitness for a particular purpose; non-interference, non-infringement, and information content.
  2. Either Party shall not be held liable for any indirect, special incidental, consequential, or exemplary damages or losses relating to or arising out of the provision of Services hereunder or any other matter relating thereto. This includes damages based on lost revenues, profits, business opportunities, loss customers, loss or goodwill or loss of profits. Acepeak Investment’S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR RELATED HERETO, AND CUSTOMER’S EXCLUSIVE REMEDY ABOUT DIRECT DAMAGES FORBREACH OF THIS AgreEMENT, SHALL BE LIMITED ACCORDING TO THE Acepeak Investment HEREUNDER FEES FOR THE PREVIOUS THREE MONTH PERIOD.
  3. Acepeak Investment will defend any third-party claim that Customer Data or Customer’s misuse of the Service violates a third person’s trade secrets, patents, or copyright rights (“Claim”), and Customer will pay its own costs to Acepeak Investment for any damages Acepeak Investment has been awarded based on the Claim.
  1. EMERGENCY SERVICES.OBLIGATIONS
Customer agrees to the Services’ integration with Customer’s underlying telephone system. As such, calls to emergency services cannot be made within the Services. The SERVICES do not support E911 or 911. The Customer is responsible for ensuring that its agents or End-Users, if applicable to the Service, are aware of the fact that calls to emergency services will not be completed through the Service. Acepeak Investment strongly recommends that customers ensure that calls to emergency services are secured through alternative means.
  1. TERMINATION.
  1. Termination in default. Termination for default.
  2. Termination due to failure to pay. Acepeak Investment can terminate this agreement if the Customer fails to pay any amount when due or fails to remedy the default within ten days of receiving notice.
  3. Termination by order. Acepeak Investment can immediately terminate Service upon any court order, government or quasi-governmental agency.
  4. Survival. Acepeak Investment will not terminate Customer’s obligations to pay any unpaid portion of the current term. All rights and licenses granted in this Agreement or any license for the Service, or any Service, will be terminated and Customer must cease using or accessing the Service. These sections 2, 4, 7, 10, 12, 13, and 14 will survive any termination of any Service license, or this Agreement.
  1. PROPRIETARY RIGHTS.

Acepeak Investment, its Affiliates and licensors retain all rights and title to the Services as well as all intellectual property and proprietary rights. All third-party software included with the Service and any copyright, trade secret and industrial laws are applicable to protect it. Acepeak Investment holds all rights, title, and interest in all software and documentation, as well as all templates, questionnaires and models, protocols, models, charts and reports. Customer will have access to the Service Items and must comply with the terms of this Agreement. Acepeak Investment reserves all rights not explicitly granted to Customer by this Agreement.

Acepeak Investment, and/or its affiliates, also own all customer feedback relating to functionality and performance of the Service (the “Feedback”) Acepeak Investment is granted all rights, title, and interests in the Feedback. Acepeak Investment may request further documents from Customer to confirm Acepeak Investment’s ownership of the Feedback.

  1. CONFIDENTIALITY.    1. Any data or information that is in any form disclosed to one Party (the “Receiving Party”) by or on behalf the other Party (“Disclosing Party”), shall be deemed “Confidential Information”. It includes any data or information that (i) relates or relates (ii) to Disclosing Party’s proprietary software, information tech, business plans and forecasts, customer information and/or financial performance, (iii) contains confidential or sensitive business, marketing, technical information to include software Confidential Information does not include information that is: (i) commonly known to the public, readily ascertainable through public sources (otherthan as a consequence of a breach in confidentiality hereunder), or (iii), independently developed by either Party (the “Receiving Party”) without reference or reliance upon any Confidential Information by the Disclosing Party.

 

  1. Confidentiality. Each Party agrees that the Confidential Data of the other will be kept confidential. Without the written consent of the other Party, neither Party may disclose or provide Confidential Data of the other to any third party other than employees. If required by applicable laws to disclose Confidential information, either Party may share portions thereof to governmental regulatory agencies. The other Party must notify the other Party about the request before disclosure takes place and assist the other Party as commercially feasible to ensure confidentiality.

 

  1. Notification Obligation. Notification Obligation. If Receiving Party, its employees, agents, or subpoenas, requires it to disclose Confidential Information (or any documents in legal proceedings or similar processes), Receiving Party will not do so without giving Disclosing Party a commercially reasonable advance notice. This will allow Disclosing Party the opportunity to obtain a protective order, or other appropriate remedy. Receiving Party will use commercially reasonable efforts in any case to protect the Confidential information. This includes, but not limited to, cooperating with Disclosing Party in order to obtain an appropriate protective or other reliable assurance that Confidential Data will be treated confidentially.
  1. INTELLECTUAL PROPERTY and PUBLICITY.

Without the prior written consent of either Party, neither Customer nor Acepeak Investment are granted any license or other rights (express, implied, or otherwise) to use trademarks, copyrights or service marks, logos or trade names of the other Party or affiliates. Acepeak Investment may use Customer’s name, trademarks, and/or logos for marketing collateral, presentations, and websites. Customer can revoke this right at any time by giving written notice to Acepeak Investment.

  1. GENERAL.
  1. Rights not exclusive. This Agreement does not exclude any other rights or remedies.
  2. No waiver. The failure by either Party to exercise any rights under this Agreement or the waiver of any breach by the other Party of the terms of this Agreement shall not be construed in any way as a waiver of those rights or any other breach thereof.
  3. Notices. Notices. All notices, requests, and other communications are deemed given upon delivery as evidenced in the return receipt or delivery records.
  4. The entire agreement and modifications. This Agreement constitutes the complete understanding between Acepeak Investment Customer. It replaces any prior or contemporaneous communication or agreement regarding this subject matter. Acepeak Investment may at any time modify, update, revise or supplement this Agreement. It can also impose additional terms, conditions, policies or terms on Customer’s use the Service. These updates, revisions and modifications (collectively “Additional Terms”) are immediately effective and will be incorporated into the Agreement. Continued use of the Service by Customer will be considered acceptance of all Additional Terms. This Agreement incorporates all Additional Terms by reference.
  5. Assignment. Customer may not assign this Agreement without Acepeak Investment’s written consent. However, either Party may transfer all rights and obligations under this Agreement to any successor in its interest to all or substantially all its assets or business without Acepeak Investment’s consent. This Agreement is binding on each Party and shall inure for the benefit of all permitted successors or assigns.
  6. Independent Contractors. This Agreement does not create a partnership between Acepeak Investment or Customer. Each Party is solely responsible to the actions of its officers, employees, or agents.
  7. Employees. Each Party agrees to not hire or solicit for the hire of any employee or former employee during this Agreement’s term and for one year thereafter.
  8. Severability.  Severability. If any provision of this Agreement should be held to be invalid, illegal or unenforceable, then such provision shall be construed in such a way as to make such provision enforceable, or this Agreement shall be construed as if such provision had never been contained herein, and such invalidity, illegality or unenforceability shall not affect any other provision hereof.
  9. Headings. The headings contained in this Agreement are for convenience only and shall be ignored when interpreting this Agreement and shall not be construed to alter or change any provision hereof.
  10. Choice of Law. The laws of Georgia shall govern this Agreement without regard to any choice of law rules. Any dispute related to or arising from this Agreement is subject to the jurisdiction and control of the Cobb County Federal Courts. Customer agrees to these courts as the exclusive venue for any dispute.
  11. Force Majeure. Force Majeure. The Party affected will resume performance as soon possible.
  12. Anti-Bribery. Each Party guarantees that it will adhere to all applicable anti-bribery laws and regulations in the execution and performance of its obligations under the Agreement.
  13. Third Party Code. Third Party Code. The Service may include third-party software that is delivered to Customer as a part of the Service. This software may not be removed from the Service or used separately from it. Additional terms and conditions may be found in separate documentation.
  14. Third-party websites. Hyperlinks in the Service to websites managed by third parties may be available. Acepeak Investment does not endorse or accept responsibility for the content of these websites. Before using these websites, Customer should review the policies of other websites on data privacy and other topics.
  15. Both singular and plural Referring to the singular also includes referring to the plural, and vice versa.
  16. Policy on PCI DSS. Acepeak Investment GENIUS will adhere to all PCI DSS requirements. Acepeak Investment will also maintain any cardholder data Acepeak Investment possesses, processes or transmits on behalf of the customers. Customer also understands that it is responsible to ensure that call recordings don’t capture or contain sensitive authentication information (SAD).
  1. USE AND PROTECTION CUSTOMER PROPRIETARY NETWORK INFO (“CPNI”)
  1. Acepeak Investment will respect the confidentiality of Customer CPNI according to applicable laws, rules and regulations. Acepeak Investment can access, use and disclose Customer’s CPNI as permitted by the applicable laws, rules and regulations, or this Agreement.
  2. Acepeak Investment can provide Customer CPNI (including call detail) to authorized customer representatives if Customer has at least one Acepeak Investment representative assigned under the Agreement.
  3. Acepeak Investment can provide Customer CPNI via any method authorized by Acepeak Investment, provided it is not prohibited under applicable laws, rules or regulations. This includes, but not limited to, to Customer’s email address(es), of record, or any other email addresses furnished to Authorized Customers Representatives by Customer Representatives, and to Customer’s telephone number(s), of record, or any other numbers provided to Customer Representatives by Authorized Customers Representatives, as well as to Customer’s postal address (US Mail), or to any other postal addresses of record, or to any other addresses supplied by Authorized customer representatives.
  4. Customer representatives are Customer employees, agents or contractors who have established relationships for Customer with Acepeak Investment customer support, account or other Acepeak Investment representatives. Authorized Customer Representatives also include any other person authorized by Customer in a written notice (including email). Until Customer informs Acepeak Investment in writing they no longer are Authorized Customer Reps, Authorized Customer representatives shall continue to be so. Customer authorizes Authorized Customer Representatives to follow reasonable authentication and password procedures that Acepeak Investment has developed in relation to the disclosure of Customer CPNI information to Authorized Customers Representatives.
  5. Notifications from Customer regarding authorization or deauthorization must reach Customer’s service department or account manager. They must include the following information:

– Name, title, postal address and email address of the authorized or deauthorized person

– The person has been authorized (or is not authorized) to access CPNI.

– The full corporate name of Customer whose CPNI (and whose affiliated CPNI) the individual can access (or cannot access, if applicable).

  1. Throughout the term of this Agreement, Customer may designate, in writing to the service manager/ account manager, up three representatives (“CPNI Authorizers”) who have the authority to grant Customer representatives access to CPNI under the Agreement. After Acepeak Investment receives written notification of any changes, the additions or deletions of CPNI Authorizers are effective within a reasonable time. This includes the name and title of the person(s), as well as the postal address and telephone number.
  1. CONSENT TO USE CPNI – LAWFUL PURPOSES

Acepeak Investment acknowledges it has a duty and Customer has a legal right under federal or state law to protect Customer’s CPNI. CPNI is information about the amount, technical configuration, type and destination of the telecommunications services that Customer purchased from Acepeak Investment. It also includes local and toll billing information. This information was made available only to Acepeak Investment by Customer’s relationship. Acepeak Investment can share Customer CPNI with its Affiliates, agents and partners with Customer’s consent. This information will allow all parties to use the information to offer Customer the full range Services offered by Acepeak Investment or its Affiliates. Acepeak Investment may use and disclose Customer’s Confidential Information and CPNI as described above. Customer agrees to this. Customer can refuse CPNI consent by notifying Acepeak Investment written of the Customer’s decision to withhold customer’s consent. Customer’s consent to or refusal to consent to CPNI will be valid until Customer informs Acepeak Investment otherwise. In either case, it will not affect Acepeak Investment providing service to Customer.

  1. CONSENT FOR EMAIL MARKETING

Acepeak Investment may send promotional emails to customers in order to market, promote and drive engagement with our products and services. Acepeak Investment may use customer data to send customers promotional communications. Acepeak Investment can use the data it collects about Customer to decide whether or not to promote certain products or services to Customer. These communications are intended to increase Customer engagement and maximize Acepeak Investment’s services to Customer. Acepeak Investment may use customer information to perform these functions, as well as others, described in Acepeak Investment’s Privacy Policy. This includes personal data, usage information, and other information. Click here to opt out of promotional emails.

FREE TRIAL TERMS AND CONDITIONS OF SERVICE

  1. Only new Acepeak Investment customers are eligible for the free trial offer.

Acepeak Investment reserves all rights to cancel, modify, suspend or suspend a free trial offer at anytime without prior notice.

  1. Customers can choose to test our Free Trial Services up to seven days after the Effective Start Date
  1. Acepeak Investment reserves all rights to refuse free trials to customers who do not meet the basic criteria, including but not limited:
  • For a free business trial, provide proof of business by providing proof of business through an established and functioning corporate website.

Provide a verified corporate email address (and an email address that is associated with your corporate domain).

  • You must not have been or are currently an Acepeak Investment customer before you can apply for a free trial.
  • Customers can purchase local or toll-free numbers to test the service. This is subject to approval. These numbers can be purchased with the $15 credit.
  1. Customers cannot be eligible for a monetary credit of $15.

Acepeak Investment reserves all rights to cancel a Free Trial account if it isn’t used within 5 days.

  1. Customer agrees that after they upgrade their Contact Center License (“My Plan”) within the online portal, this will transform the service into an active account at day 8 of the free trial period. The customer will be responsible for and agrees to pay all applicable usage and monthly fees.Acepeak Investment will charge the Customer’s Credit Card for the monthly fees based on the selected plan(s), for each service, within the trial period or after exceeding the trial credit. The customer must cancel the account prior to the credit expires.
  • Charges that are incurred immediately after the expiry of the free trial period are non-refundable.

Last updated January 18, 2022

South Africa Terms and conditions

South Africa Terms and conditions

Acepeak Investment

General Terms and Conditions of Use

  1. INTERPRETATION

1.1. “Acepeak Investment”- Acepeak Investment PTE LTD. singapore

1.2. Acepeak Investment – Is the umbrella brand for Acepeak Investment ‘s voice products

1.3. “Services” refers to the Voice and Data Services that are selected and agreed upon in the face of this document and the attached Product Addendum/s and any related ancillary services.

1.4. “Customer” – the Company, Close Corporation, Firm, Partnership or Persons (agents) contracting to receive the Services from Acepeak Investment in terms of this Agreement.

1.5.  “Agreement” – these terms and conditions as read together with the schedule on the face hereof and the applicable attached Product Addendum/s.

1.6. “Connection Date” is the date Acepeak Investment accepts the contract.

1.7. “Duration of Contract” refers to the length of time the Service is agreed upon in writing or by the attached Product Addendum/s.

1.8. “Network Operator” refers to all data and voice carriers that Acepeak Investment interconnects with.

1.9. 1.9 Without the appropriate product addendum/s, which must be signed by Customer, the customer agreement is not complete. Legally binding, the Customer Agreement and relevant product addendum/s will be deemed one.

  1. TERM AND APPOINTMENT

2.1. Acepeak Investment appoints Customer to provide services to or on behalf of Customer as per the provisions of this Agreement, effective from the date of acceptance by them.

2.2. This agreement will be in effect on the date of installation, and/or service activation. It was signed and ordered by Acepeak Investment. The customer agrees that they will be bound by any notice, directive or applicable tariff plan issued by Acepeak Investment or the service provider at any time.

2.3.  Customer acknowledges that the document or any other document between the parties constitutes an Offer by Customer. Acepeak Investment may accept or reject the offer at its sole discretion. Acepeak Investment will consider the offer once it has been received via DocuSign. The acceptance by Acepeak Investment of the offer and the commencement of this agreement shall be considered as Customer’s connection to these Services. The Agreement will be binding between Acepeak Investment and Customer, regardless of whether Customer was notified about the acceptance.

2.4. This Agreement will continue to renew for successive periods of 2 years after the Initial Terms, at the current monthly subscription fee of Acepeak Investment, unless either of the parties gives written notice of termination not less than one calendar month before the End of the Initial Terms or any subsequent 2 (two-year) period.

2.5. The customer is still responsible for paying charges for calls and data usage up to the time the service is terminated by Acepeak Investment.

  1. TERMINATION OF A AGREEMENT

3.1. Customer is responsible for paying any remaining monthly service fees if Customer cancels before the end of the contract term. The Customer is still responsible for any accrued or unpaid charges. All Acepeak Investment equipment must be returned in a working order at the Customer’s expense. Acepeak Investment equipment must be returned in working condition if it isn’t returned or returned damaged. Customer will have to pay the invoiced value for the replacement.

3.2. The customer is still responsible for paying charges for any calls or usage that they make up to the time the service is terminated by Acepeak Investment.

3.3. Acepeak Investment may suspend, cancel, modify, or terminate the agreement or any portion thereof at its sole discretion, without Acepeak Investment being subject to any liability whatsoever.

3.4. Customer may terminate the contract at any time before the date specified for termination due to breach of contract. In this case, the customer will be responsible for all subscription fees for the applicable term as stipulated in the terms of this Agreement. Refer to clause 2.4. Customer agrees to pay full monthly recurring fees. Customer will receive a pro-rated refund equaling the amount of the current month’s recurring fees after termination of Acepeak Investment services. Customer will be charged the final monthly recurring charge for cancelled services.

  1. The Acepeak Investment Services

4.1. Services include routing voice traffic over Acepeak Investment.

4.2. Voice refers to all calls made through the Acepeak Investment, national, international, and mobile voice/data.

4.3. Acepeak Investment shall have access to customer’s premises with prior notice to customer. This is to allow Acepeak Investment to install, maintain and monitor the Services. It may also inspect, replace, or remove them if necessary.

4.4. Acepeak Investment guarantees that the Services provided will be maintained and continued during the contract period.

4.5. Acepeak Investment may need to repair or improve the technical infrastructure through which the Services are provided from time-to-time. Acepeak Investment is exempted for any loss or damages and/or costs, claims, or demands of any nature to Customer or any third party as a result.

4.6. Acepeak Investment shall not be held liable for any claim whatsoever by Customer. This includes any right to cancel the agreement or withhold payment of any money due under this agreement.

4.7. Acepeak Investment makes no representations or gives any guarantee whatsoever regarding the Services.

4.8. Acepeak Investment cannot guarantee or warrant that information transmitted through the Services will remain intact or be sustained in its entirety. It will not be suitable for any purpose.

4.9. Acepeak Investment shall be entitled in its sole discretion to alter the telephone number or any other code or number, which has been allocated to the customer for Customer equipment.

4.10.  Acepeak Investment shall be entitled in its sole discretion to suspend, cancel, vary or terminate this Agreement or any part thereof, without  Acepeak Investment incurring any liability whatsoever in the event of non availability of the Services or if any agreement giving  Acepeak Investment access to anything relating to the Services, is suspended, cancelled, varied or terminated.

4.11.  Acepeak Investment its discretion will credit vet prospective customers.

4.12. The Customer agrees that if for any reason any of the agreements between the network operators and  Acepeak Investment are terminated so as to have the effect of  Acepeak Investment not being entitled to render the Services, all of the rights and obligations of  Acepeak Investment in terms of this Agreement may be assigned to any third party service provider as may be approved of in writing by the relevant network operator, which approval will not be unreasonably withheld or delayed forthwith upon the termination for whatever reason.

4.13.  Any migration from one package or another will be at the discretion of Acepeak Investment. All migration fees, if applicable, will be determined according to the applicable Acepeak Investment tariff plan.

4.14. 4.14. If Services are used by Customer, or any end user, Acepeak Investment(PTY), LTD can immediately suspend or terminate Services.

Acepeak Investment’s terms & conditions for all services must be adhered to by Customer and Customer’s agents.

(a) Unlimited Plans

Customer abuse of service will result in the termination of the contract and the payment of the agreed rates.

Unlimited calling plans can only be used by single shift agents who have no more than three hours of talk time per day, five days a week.

There are no broadcast, predictive or automated dialers.

Calls that are terminated to destinations other than the United States of America (USA), will be charged default rates and not included in the Unlimited Package.

Calls to 8xx from outside the United States of America (non-contiguous) will be charged at default rates and not included in the unlimited package.

Regular termination fees will apply to all forwarding to USA toll-free telephone numbers and any other number.

Additional charges will be charged for any incoming calls that do not terminate to VoIP.

Only available on Acepeak Investment Core US

(b) Call Recording

Fair Use is permitted.

Fair Usage can be defined as “normal office usage”. Normal usage is not greater than 3,000 minutes per month for each phone line, extension, or SIP trunk.

Overage charges of $0.03 USD per minute will be charged for any service that exceeds the fair usage limit.

All overage charges will be charged to your credit card at the end the billing cycle.

Acepeak Investment reserves all rights to terminate or suspend services at any given time for abuse.

  1. CHARGES AND DISPUTES

5.1. Customer must pay Acepeak Investment

5.1.1. Upon commencement hereof, the initial connection charge and all other introductory or

5.1.2. Commencement charges stipulated on the attached product addendum(s) and

5.1.3. Monthly in arrears or as and when billing is passed on by the network operator, the total call charges used and/or generated by the customer during each billing period and any other charges payable in respect of the Services requested by Customer or other charges levied by  Acepeak Investment from time to time: and

5.1.4. Except where otherwise noted, all charges do not include value added tax

5.1.5.  All equipment, phones and routers as well as licenses, etc. All equipment, phones, gateways, routers and licenses must be paid in full at the time of order before delivery can take place.

.2. The charges payable by Customer to Acepeak for the provision or facilitation of the Services shall be stipulated in any notice, directive, promotion or applicable tariff plan issued or derived by Acepeak from time to time and the contents of such notice, directive, promotion or tariff plan including the charges stipulated therein shall be deemed to be incorporated in this agreement as if specifically set out herein.

5.3. Customer acknowledges and agrees that Acepeak Investment may increase or decrease the charges for Services (as determined by networks or extreme currency fluctuations). Although Acepeak Investment will make every effort to notify Customer in advance of any increase or modification, it cannot guarantee that this will happen.

5.4. Acepeak Investment’s Tax Invoice/Statement document of charges, shall be prima facie proof of the amounts owed by Customer to Acepeak Investment  in terms hereof and of the other facts stated therein and should Customer dispute the number, duration or amount charged in respect of any call made or services rendered by Acepeak Investment  then Customer shall bear the onus of proving that Acepeak Investment ‘s Tax Invoice / Statement is incorrect in such respect.

5.5. If Customer wants to dispute an invoice or a part thereof that is due under Clause 5.4, Customer must obtain a dispute form from Acepeak Investment’s billing division, complete it, and then send the notice to Acepeak Investment. The notice should detail the nature of the dispute.

(i) Date and numbers of the disputed bill (iii), amount in dispute (iii), reason for dispute; (iv) Supporting documents or Call Detail Records (CDRs), if applicable and clearly marked. The customer must pay any undisputed portion of a disputed invoice before the due date. (Clause 5.4)

Customers are responsible for checking the monthly Tax Invoice. Acepeak Investment will accept the Tax invoice as correct if there is no dispute submitted by the due date.

For disputes submitted after the due date, no credits will be issued. Credits will be given for disputes submitted for prior billing periods. For disputes that exceed 30 days, no credits will be issued.

5.6. The Parties will use all reasonable efforts to resolve these payment disputes as quickly as possible.

5.7. Monthly billing customers receive their Tax Invoices/Statements via email at the beginning of each month. Weekly billing customers receive their Tax Invoice/Statement on Monday.

After all charges have been deducted, the customer will receive a refund of any balance paid to Acepeak Investment. While the account is closed, monthly subscriptions will continue to be charged.

5.8To avoid any payments being made to the wrong bank accounts, Acepeak Investment has established strict procedures regarding refunds of deposits to customers.

  1. PAYMENT

6.1. Should Customer send any monies or cheques by means of the postal services, then the postal authority shall be deemed to be the agent of Customer and Customer shall bear all risk of loss, theft and delay in and to any such monies or cheques sent by post and without derogating from what is stated herein, Customer shall draw all cheques payable to Acepeak Investment and marked “not transferable”.

6.2. Customer agrees that payment shall only have been made to Acepeak Investment when the monies remitted by Customer have been received into Acepeak Investment’s bank account.

6.3. Should payment be returned unpaid or stopped or should any charge card account or credit card account of the customer be rejected for whatsoever reason or should Acepeak Investment exercise its right to suspend the provision of the services due to late or nonpayment of any monies due in terms hereof by Customer, then Customer shall pay an administration charge as may be levied by Acepeak Investment from time to time for each such nonpayment, suspension or any other breach of this Agreement which amount shall be liable upon demand and recoverable by Acepeak Investment.

6.4. Payment shall be made by Customer, within the agreed terms, which is within seven days from the invoice date, or unless otherwise agreed in writing.

6.5. Non receipt of invoices and or a dispute by Customer will not be considered as a valid basis for late or nonpayment. (Please refer to Clause 4.8 for account disputes.)

6.6. All rates and charges are billed in RAND.

6.7. If Services are suspended for late payment or for non-payment before the due date, then Acepeak Investment reserves the right to charge and Customer agrees to pay a reconnection fee.

6.8. Customer will be fully responsible for all open receivables collection commission, legal fees and late payment fees as well as the remaining subscriptions due to Acepeak Investment (PTY)LTD based on Agreement and/or Services addendums.

  1. EQUIPMENT – Leased and Loaned

7.1. At all times remain the property of Acepeak Investment.

7.2. Customer acknowledges that the equipment was received in working order.

7.3. Customer agrees to return any and all equipment in working order within 7 days after termination of the rental or service agreement.

7.4. If the equipment is not returned within the stated period, Customer agrees to pay Acepeak Investment the full fair market value of the equipment.

7.5. Customer shall be liable to Acepeak Investment for the cost of repair or replacement of equipment that is lost, stolen or damaged as a result of Customer’s negligence.

  1. LIMITATION OF LIABILITY

8.1. Customer hereby indemnifies Acepeak Investment and holds Acepeak Investment harmless against any claim by any third party arising directly or indirectly out of Customer’s access to or use of the Services or information obtained through the use of it, including without limitation of any claim due to the use of the Services for unlawful purposes.

8.2.Acepeak Investment  shall not be liable for any loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the Services, the transmission of the Services, or failures or defects in facilities furnished by Acepeak Investment, occurring in the course of furnishing Services shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to Acepeak Investment for Services, during the period of time in which such mistakes, omissions, interruptions, delays, errors or defects in the Services, its transmission or failure or defect in facilities furnished by Acepeak Investment occurred, unless the Commission orders otherwise.

8.3. Customer must pay Acepeak Investment for the replacement or repair of damage to Acepeak Investment’s equipment or facilities caused by the negligence or willful act of Customer or users improper use of Services or any use of equipment or service provided by others.

8.4. Customer must insure Acepeak Investment’s equipment or facilities installed at Customer’s premises for the theft or mishandling of equipment, or Customer shall be liable for the replacement equipment.

8.5. The equipment installed at Customer’s premises remains the property of Acepeak Investment’s unless Customer has purchased the equipment.

8.6. Customer is liable for all calls made, once the solution has been installed and activated.

  1. BREACH OF CONTRACT

9.1. If Customer commits, suffers or permits a breach of any term of this Agreement or if Customer fails to pay any amount under this Agreement on or before the due date, then Acepeak Investment shall be entitled without prejudice to any of its other rights arising out of this Agreement forthwith and without any liability towards Customer to suspend its provision of Services to Customer in whole or in part and/or disconnect Customer from the network and/or to render the equipment inoperable by whatever means.

9.2. Termination of the contract by Customer before the specified date of termination for breach of contract will result in Customer being liable for the full payment of the remaining subscription fee for the applicable term signed upon in the terms of this Agreement and the terms stipulated and signed upon in the Product Addendum/s.

9.3. In the event of a breach by Customer, should Customer fail to remedy such breach within 48 (forty eight) hours after receipt of notice to that effect from Acepeak Investment, or should Customer repeatedly breach this Agreement in such manner that Customer’s conduct is inconsistent with the intention or ability of Customer to carry out the terms of the Agreement, or if Customer is sequestrated or placed under liquidation or enters into judicial management or any act of insolvency or enters into a compromise with its creditors or fails to satisfy a judgement granted against it within 7 (seven) days of the date of judgement or changes the structure of its ownership, Acepeak Investment shall be entitled without prejudice to its rights in law or in terms of this Agreement to take possession of the goods and is hereby irrevocably authorised to enter upon Customer’s premises to take delivery of such goods without Court order.

  1. CONSENT TO PROCESS PERSONAL DATA

10.1 By voluntarily entering into this Agreement, Customer gives consent to Acepeak Investment to process Personal Information provided to Acepeak Investment which is necessary for the performance of this Agreement.

10.1.1 “Personal Information” means all information which may be considered to be personal in nature or information about an identifiable natural and / or existing juristic person (where applicable) in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Consumer Protection Act 8 f 2008 (“CPA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

10.2 The Parties both agree and undertake that they will at all times ensure that any

information obtained from the other Party pursuant to this Agreement will be protected and will not be misused, which Include:

10.2.1 Confidential Information, and / or

10.2.2 Personal Information, and/ or

10.2.3 Special Personal Information as defined under POPIA.

  1. DOMICILIUM AND NOTICES.

11.1. Customer and Acepeak Investment hereby choose domicilium citandi et executandi for all purposes of and in connection with this Agreement at the physical address and telefax as set forth on the face hereof. Acepeak Investment shall be entitled to give any notice in terms of this Agreement by telefax as well as by email.

  1. GENERAL

12.1. This Agreement in conjunction with the signed Product Addendum/s constitutes the sole record of the Agreement between the parties in regard to the subject matter thereof. Neither party shall be bound by any representation, express or implied term, promise or the like not recorded herein and in the Product Addendum/s or reduced to writing and signed by the parties or their representatives. No addition or variation of this Agreement and the attached Product Addendum/s shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence that Acepeak Investment may grant to Customer shall constitute a waiver of any of Acepeak Investment ’s rights. In this Agreement the singular shall include the plural.

12.2. This Agreement and the signed Product Addendum/s shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa, and all disputes, actions and other matters in connection with this Agreement and the signed Product Addendum/s shall be determined in accordance with such laws.

12.3. Should any provision of this Agreement and the signed Product Addendum/s be rendered unlawful then that unlawful provision only shall be invalid, without affecting or invalidating any of the remaining provisions of this Agreement and the signed Product Addendum/s, which shall continue to be in full force and effect.

12.4.Acepeak Investment is entitled to cede its rights and / or to delegate its obligations arising from this Agreement and/or assign this Agreement, wholly or partly, to any third party. Customer shall not be entitled to cede or delegate his rights and/or obligations arising out of this contract, unless accepted in writing by the credit control manager or a director of Acepeak Investment.

12.5. Customer warrants the accuracy of all information furnished by or on behalf of Customer in terms of or pursuant to this Agreement and the signed Product Addendum/s. Customer shall forthwith notify Acepeak Investment in writing of any changes from time to time in the information set out in the schedule on the face hereof and on the signed Product Addendum/s.

12.6. The parties hereby consent to the jurisdiction of any Magistrates Court which may exercise jurisdiction over any of the parties in terms of Section 28 of the Magistrates Courts’ Act 32 of 1944 in respect of any dispute arising from or concerning this Agreement, provided that should the Service Provider elect to proceed in the Supreme Court it shall be entitled to do so in the Witwatersrand Local Division, to which jurisdiction Customer hereby submits.

12.7. Customer undertakes to abide by Acepeak Investment’s acceptable use policy.

12.8.Acepeak Investment undertakes to treat all Customers’ information as confidential.

12.9. Customer shall not be entitled to migrate to a lower tariff plan as offered by the Network Operators during the stipulated contract stated on the face hereof and or on the Product Addendum/as unless recommended by Acepeak Investment.

12.10. Acepeak Investment reserves the right in its sole discretion to vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on Customer from the time that the amended or varied terms are published by Acepeak Investment on our website. A notification will be sent out to Customer if changed.

12.11. Customer undertakes to notify Acepeak Investment within seven (7) days of any change of address or change in member, director, shareholder, address or the information as set out on the Company details section on our Customer Service Agreement document.

12.12. Customer undertakes to inform Acepeak Investment in writing at least thirty (30) days prior to the intended selling or alienating of the whole of or any part of Customer’s business and failure to do so will constitute a breach of this Agreement entitling Acepeak Investment to cancel the Agreement without further notice to Customer. Customer also undertakes to notify Acepeak Investment in advance about liquidations and or sequestrations and also provide the details of the appointed curator.

  1. FORCE MAJEURE

13.1. If Acepeak Investment is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement and the signed Product Addendum/s due to any reason or cause beyond the control ofAcepeak Investment or by reason of force majeure, Acepeak Investment shall be relieved of its obligations in terms of this Agreement and the relevant signed Product Addendum/s during such period.

  1. CREDIT FACILITIES

14.1.Acepeak Investment’s decision to grant credit facilities to Customer and the nature and extent thereof is at the sole discretion of Acepeak Investment.

14.2.Acepeak Investment reserves the right to withdraw, increase or decrease any credit facilities at any time without prior notice.

14.3. In the event that credit/account facilities are granted, it will be on the basis of and subject to the terms, information and conditions set out on this Agreement or on an application form.

14.4. Whether or not the information made available by Customer in this document is true and correct, it shall nevertheless be deemed to be true and correct.

14.5. In the event of any information made available in this document proving to be inaccurate or incorrect, no further facilities will be allowed and Acepeak Investment will forthwith and without further reference to Customer be entitled to institute recovery proceedings for any and all sums then owing by the customer to Acepeak Investment.

14.6. Acepeak Investment may perform a credit search on Customer’s records with one or more registered Credit Bureau when assessing Customer’s application form.

14.7.Acepeak Investment reserves the right to monitor Customer’s payment behaviour by researching his/her record at one or more of the registered Credit Bureau.

14.8.Acepeak Investment reserves the right to use new information and data obtained from other Credit Bureau in respect of Customer’s future applications.

14.9.Acepeak Investment reserves the right to record the existence of Customer’s account with Credit Bureau.

14.10.Acepeak Investment reserves the right to record and transmit details of how Customer has performed, and how the account is conducted by Customer in meeting his/her obligations on the account.

14.11.Acepeak Investment undertakes to give Customer twenty-eight (28) days written notice prior to the forwarding of the details to the Credit Bureau.

  1. DEED OF SURETYSHIP

15.1. I, by my signature hereto do, in addition to the above, hereby bind myself in my private and individual capacity as surety for and co-principal debtor in solidum with Customer in favour of Acepeak Investment for the due performance of any obligation of Customer and for the payment to Acepeak Investment by Customer of any amounts which may at anytime become owing to Acepeak Investment by Customer from whatsoever cause arising and including, but without limiting the generality of the foregoing, any claims for damages and actions against Customer. This suretyship shall be a continuing covering guarantee/surety which may only be cancelled, in writing, by Acepeak Investment and then only, provided that all sums then owing by the applicant (whether due or not) to Acepeak Investment have been paid in full.

15.2. I, furthermore, record that if more than one person has appended his signature hereto, there shall come into existence a separate distinct and independent contract of suretyship/guarantee which is brought into existence by each signatory hereto. If for any reason this suretyship/guarantee is not binding (for whatever reason) on any one signatory then the obligations of the remaining signatories shall nevertheless be and remain of full force and effect.

Updated: 25 JUNE 2021

Instructions This Data Processing Agreement (“DPA”) forms part of the service agreement (or other such written or electronic agreement addressing the same subject matter as defined below) (“Service Agreement”) between Customer (or its affiliates) and the service provider. This DPA reflects the parties’ agreement with regard to the Processing of Personal Data and applies when Customer acts as Data Controller and instructs the Data Processor to process personal data of individuals on its behalf.

This DPA consists of:

(i) Data Processing Agreement that sets out the terms and conditions applicable to Processing of

Personal Data;

(ii) Schedule 1 – Details of Processing;

(iii) Schedule 2 – Technical and Organizational Measures; and

(iv) Exhibit 1 – Standard Contractual Clauses

DPA_ Controller-to-Processor _v2

Data Processing Agreement

This Data Processing Agreement (“DPA”) is made on [insert date], between (i) Customer as defined in the CSA or

SSA (“Data Controller”) and (ii)Acepeak Investment, Inc. (“Data Processor”), collectively known as the “Parties” and individually known as a “Party”.

  1. Subject Matter
The Parties have entered into a Service Agreement dated [insert date] in relation to the Data Processor providing telecommunications and call center software services to the Data Controller (“Service Agreement”). This DPA applies to the processing of personal data by the Data Processor in accordance with the scope of the Service Agreement that is subject to the Data Protection Laws (as defined in Clause 1.2 below). This DPA shall come into effect on the effective date of the Service Agreement and the term of this DPA shall correspond to the term of the Service Agreement. This DPA forms part of and is incorporated into the Service Agreement, and except as modified below, the terms of the Service Agreement shall remain in full force and effect. In the event of any inconsistency between the provisions of this DPA and the provisions of the Service Agreement, the provisions of this DPA shall prevail. Unless otherwise defined herein, the following definitions shall apply: “Data Protection Laws” shall mean (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”), and (ii) to the extent applicable to the Parties, data protection laws of any other country. “Personal Data” shall mean any information relating to an alive person, which enables the identification of such person, whether directly or indirectly, and being processed by the Data Processor for performance of the Service Agreement. “Processing, process, processed, processes” shall mean any collection, use, disclosure and/or other operation or set of operations which is performed on Personal Data or on sets of Personal Data. All capitalized terms that are not expressly defined in this DPA will have the meanings given to them in the Service Agreement.
  1. Processing
An overview of the categories of the Personal Data, the categories of data subjects, and the nature and purposes for which the Personal Data are being processed by the Data Processor on behalf of the Data Controller are specified in Schedule 1 and ANNEX I to the Standard Contractual Clauses. The Data Processor shall process Personal Data on behalf of the Data Controller and in accordance with its documented instructions, for the sole purpose of performing its obligations under the Service Agreement or as otherwise reasonably instructed by the Data Controller, and not for the Data Processor’s own purposes or other commercial exploitation, and always in compliance with all applicable Data Protection Laws. If the DPA_ Controller-to-Processor _v2 Data Processor believes an instruction violates the Data Protection Laws, the Data Processor shall inform the Data Controller without undue delay. At any time during the term of this DPA at the Data Controller’s request or upon the termination or expiration of the Service Agreement, the Data Processor shall promptly return to the Data Controller all copies, whether in written, electronic or other form or media, of the Personal Data in its possession, or securely dispose of all such copies, and certify in writing to the Data Controller that such Personal Data has been returned or disposed of securely within 7 days of the request. The Data Processor shall comply with all directions provided by the Data Controller with respect to the return or disposal of the Personal Data. The Data Processor shall notify all third parties supporting its own processing of the Personal Data of the termination of the DPA and shall ensure that all such third parties shall either destroy the Personal Data or return the Personal Data to the Data Controller, at the discretion of the Data Controller. This DPA shall remain in force until the termination of the Personal Data processing and the erasure of the data by the Data Processor and any sub-processors.
  1. Confidentiality and Technical and Organizational Measures
Without prejudice to any existing contractual arrangements between the Parties, the Data Processor shall treat all Personal Data as confidential and it shall inform all its employees, agents and/or approved sub-processors engaged in processing the Personal Data of the confidential nature of the Personal Data. The Data Processor shall ensure that all such persons or parties have signed an appropriate confidentiality agreement, are otherwise bound to a duty of confidentiality, or are under an appropriate statutory obligation of confidentiality. This confidentiality obligation shall survive the termination of the DPA. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Data Processor shall implement appropriate technical and organizational measures to ensure a level of security of the processing of the Personal Data appropriate to the risk. Measures shall include, as appropriate, measures for protection against unauthorized or unlawful processing, against accidental, unauthorized or unlawful loss, access to, use, alteration, correction, disclosure, or destruction of the Personal Data, and measures to ensure confidentiality and integrity of the Personal Data. The Data Processor shall regularly monitor its compliance with the respective technical and organizational measures, the Data Protection Laws, and accepted industry standards or practices, and will verify this monitoring upon the Data Controller’s request. The Data Processor shall not materially decrease the overall security measures during the term of the Service Agreement.
  1. Information and Audit
The Data Processor shall make available to the Data Controller on request all information necessary to demonstrate compliance with this DPA and the Data Protection Laws, and shall allow for audits, at Data Controller’s sole expense, including on-site inspections, by the Data Controller or an auditor mandated by the Data Controller in relation to the Processing of the Personal Data. Data Controller agrees that if it exercises this right, then it will provide Data Processor no less than sixty (60) days advance written notice. Upon the Data Controller’s written request, the Data Processor shall make available to the Data Controller details of technical and organizational measures implemented, all sub-processors engaged, and a copy of the Data Processor’s then most recent third-party audits or certifications, as applicable. DPA_ Controller-to-Processor _v2 To the extent applicable and required, the Data Processor will, at Data Controller’s expense and taking into account the nature of the Processing and the information available, provide the Data Controller with cooperation and assistance in relation to any data protection impact assessment or regulatory consultation that the Data Controller is legally required to make.
  1. Sub-processors
The Data Processor shall not subcontract any of its Service-related activities consisting (partly) of the processing of the Personal Data or requiring Personal Data to be processed by any third party without the prior written authorization of the Data Controller. The Data Controller’s consent to the engagement of specific sub-processors, if applicable, shall be specified in Schedule 1 and Exhibit 1. The Data Processor shall enter into a written agreement with each sub-processor on terms which offer at least the same level of protection for the Data Controller’s Personal Data as those set out in this DPA prior to the sub-processor’s processing any Personal Data, and ensure that the relevant obligations (including but not limited to the information and audit rights) can be directly enforced by the Data Controller against the Data Processor’s sub-processors. The Data Processor remains responsible for its sub-processors and fully liable for their acts and omissions as for its own acts and omissions and any references to the Data Processor’s obligations, acts and omissions in this DPA shall be construed as referring also to the Data Processor’s sub-processors. The Data Processor shall inform the Data Controller of any new sub-processors the Data Processor intends to engage to process the Personal Data. The Data Controller may object to the engagement of any new subprocessor but shall not unreasonably withhold its consent to such appointment. The Data Processor shall ensure that the sub-processor is bound by data protection obligations compatible with those of the Data Processor under this DPA, shall supervise compliance thereof, and must in particular impose on its sub-processors the obligation to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of Data Protection Laws.
  1. Data Subject Rights
The Data Processor shall assist the Data Controller by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Data Controller’ obligations, as reasonably understood by the Data Controller, to respond to requests to exercise data subject rights under the Data Protection Laws. The Data Processor shall promptly notify the Data Controller of any data subjects’ requests or complaints regarding Personal Data within three days from the date it receives such requests or complaints. The Data Processor shall not respond to such requests or complaints except on the documented instructions of the Data Controller or as required by applicable laws to which the Data Processor is subject, in which case the Data Processor shall inform the Data Controller of that legal requirement before responding to the request. The Data Processor shall upon the Data Controller’s request provide reasonable efforts to assist the Data Controller in responding to such data subject’s request or complaint. If a data subject or a supervisory authority brings a claim against the Data Controller for damages suffered in relation to the Data Processor’s breach of this DPA or Data Protection Laws, the Data Processor shall indemnify the Data Controller and its affiliates and their respective directors, officers, employees, agents and DPA_ Controller-to-Processor _v2 subcontractors, from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or resulting from any third party claims against the Data Controller, its affiliates and their respective directors, officers, employees, agents and subcontractors arising out of or resulting from the Data Processor’s failure to comply with any of its obligations under this DPA and/or the Data Protection Laws.
  1. Incidents
When the Data Processor becomes aware of an incident that has a material impact on the Processing of the Personal Data that is the subject of the Service Agreement, it shall promptly notify the Data Controller about the incident, shall at all times cooperate with the Data Controller, and shall follow the Data Controller’s instructions with regard to such incidents, in order to enable the Data Controller to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident. The term “incident” used in Article 7.1 shall be understood to mean in any case: a complaint or a request with respect to the exercise of a data subject’s rights under the Data Protection Laws. an investigation into or seizure of the Personal Data by government officials, or a specific indication that such an investigation or seizure is imminent. any accidental, unauthorized or unlawful loss, access to, use, alteration, disclosure, destruction, or any form of unlawful processing of the Personal Data. any breach of the security and/or confidentiality as set out in Article 3 of this DPA leading to the accidental, unauthorized or unlawful loss, access to, use, alteration, disclosure, or destruction of the Personal Data, or any indication of such breach having taken place or being about to take place. where, in the opinion of the Data Processor, implementing an instruction received from the Data Controller would violate applicable laws to which the Data Controller or the Data Processor are subject. The Data Processor shall at all times have in place written procedures which enable it to promptly respond to the Data Controller about an incident. Where the incident may require a data breach notification by the Data Controller under the Data Protection Laws, the Data Processor shall implement its written procedures in such a way that it is in a position to notify the Data Controller without undue delay after the Data Processor becomes aware of such an incident, and in no event later than 48 hours, after becoming aware of an incident. Such notification shall as a minimum: (a) describe the nature of the incident, the categories and numbers of data subjects and Personal Data records concerned; (b) communicate the name and contact details of the Data Processor’s data protection officer or other relevant contact from whom more information may be obtained; (c) describe the likely consequences of the incident; (d) describe the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects; and (e) other details as may be required by the Data Protection Laws or the supervisory authorities. DPA_ Controller-to-Processor _v2 The Data Processor will not disclose to any third party of any incident without obtaining the Data Controller’s prior written approval, except as required by applicable laws to which the Data Processor is subject, in which case the Data Processor shall inform the Data Controller of that legal requirement before the disclosure.
  1. Representations and Warranties
The Data Processor represents and warrants that: (a) it and anyone operating on its behalf shall only process Personal Data pursuant to the lawful instruction given by the Data Controller; (b) it provides and, at all times, maintains appropriate security measures for preventing accidental, unauthorized or unlawful loss, access to, use, alteration, correction, disclosure, or destruction of Personal Data; (c) it complies with the DPA and the applicable Data Protection Laws; and (d) its respective directors, officers, employees, agents, sub-processors, subcontractors, and/or any other persons who need to access the Personal Data on its behalf for performing its obligations under the Service Agreement are reliable and trustworthy and have received the required training on the Data Protection Laws.
  1. Indemnification
The Data Processor shall indemnify the Data Controller from and against all damages, including reasonable attorneys’ fees, arising out of or resulting from any third party claims against the Data Controller arising out of or resulting from Data Processor’s willful failure to comply with any of its obligations under this DPA.
  1. Severance
Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
  1. Amendment and Waiver
No provision of this DPA may be amended, waived or otherwise modified except by an instrument in writing duly executed by authorized representatives of the Parties. The failure or delay of a Party in exercising any rights under this DPA on any occasions shall not be considered a waiver by or deprive the Party of the right thereafter to exercise such right or any other right under this DPA.
  1. Governing Law and Jurisdiction
jurisdiction of the courts of Singapore.
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