Terms and Conditions

For post-paid customers. Version 2026-10-20.

WhatsApp for Business Terms and Conditions

By purchasing and/or using any online service available on this page, you, as the Customer, agree that you are bound by these Terms and Conditions which govern the use of the online service. It is important that you read and ensure that you fully understand these Terms and Conditions, as certain provisions may limit the risk or liability of the Service Provider or a third party, create risk or liability for you as the Customer, require you to indemnify the Service Provider and/or a third party, or constitute an acknowledgement, by you, of certain facts.

These Terms and Conditions must be read together with our privacy notice.

These Terms and Conditions may be updated by the Service Provider from time to time. Updated Terms and Conditions will be published on the website and will apply to future purchases.

1. Definitions

"Confidential Information" means any information which is, by its nature or content, identifiable as confidential and/or proprietary to a Party, excluding information or data which is lawfully in the public domain, or is disclosed by operation of law, regulation or court order;
"Customer" means the person, whether legal or juristic, purchasing the online service;
"Customer Data" means all information (excluding Personal Information) pertaining to the Customer or the Customer’s Users, as generated, transmitted, sent, received and/or stored by electronic means pursuant to the use of the Services;
"Data Protection Legislation" means POPI, GDPR, or any other laws applicable to data protection or privacy in South Africa and the Territory;
"Force Majeure Event" means an event beyond a Party’s reasonable control (e.g., natural disasters, government action, war, riots, epidemics) that prevents performance of obligations;
"GDPR" means the General Data Protection Regulation, being Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016;
"Intellectual Property" means all forms of knowledge and information that are generally recognised as being capable of being the subject of proprietary rights in the world, whether such proprietary rights are registerable or not;
"Operator" shall have the meaning set out in the relevant Data Protection Legislation;
"Parties" means the parties to these Terms and Conditions, being the Service Provider and the Customer;
"Personal Information" means the definition as set out in the Data Protection Legislation;
"Process" and "Processing" shall have the meaning set out in the Data Protection Legislation;
"POPI" means the Protection of Personal Information Act 4 of 2013;
"Responsible Party" shall have the meaning set out in the Data Protection Legislation;
"Services" means the online service(s), including WhatsApp for Business, which are provided to the Customer by the Service Provider through the online Vodacom web portal/website;
"Service Provider" means Vodacom Proprietary Limited with company registration number 1993/003367/07 ("Vodacom"), and its subsidiary Mezzanine Ware Proprietary Limited with company registration number 2009/009091/07 ("Mezzanine");
"Terms and Conditions" or "Ts&Cs" means these general terms and conditions for purchase and use of the Services;
"User" means any individual authorised by the Customer to access the Services;
"WhatsApp" means the online messaging service provided by Meta Platforms, Inc; and
"WhatsApp for Business" means the suite of communication tools developed and provided by Meta Platforms, Inc. that enables businesses to communicate with customers via the WhatsApp messaging application. It is designed to facilitate professional business interactions, including customer support, marketing, and brand engagement.

2. Scope of services

The Service Provider grants the Customer a limited, non-exclusive, non-transferable license to access and use the Services solely for the Customer’s internal business purposes, including communicating with the Customer’s own customers and end-users via WhatsApp for Business, in accordance with these Terms and Conditions.
The Services are accessed entirely via Vodacom’s web portal/website.
The Service Provider may modify, suspend, or discontinue parts of the Services at any time, with notice where reasonable.

3. Customer obligations

The Customer shall:
1. supply all information reasonably required for the Services and ensure it is accurate and up to date.
2. only use the Services in accordance with these Terms and Conditions, the instructions provided and any applicable laws, including marketing, Data Protection Legislation, and electronic communications laws.
3. remain responsible for ensuring that the Customer’s use and its Users’ use of the Services complies with these terms and conditions and all applicable laws and regulations.
4. Make full payment to the Service Provider for use of the Services.

4. Disclaimer

The Services are provided "as is." While the Service Provider and its suppliers make reasonable efforts to ensure proper performance, accuracy, and reliability, the Service Provider does not guarantee the availability, accuracy, or completeness of the Services or content.
The Service Provider makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at your own risk.
The Service may include links to third-party sites. These links are for convenience only, and the Service Provider is not responsible for the content, products, or services of those sites. Accessing third-party sites is at your own risk.

5. Indemnification

To the full extent permitted by law, you indemnify and hold the Service Provider harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages which arise from:
1. a breach of the terms of these Terms and Conditions by the Customer or the Customer’s Users, or arising out of or in connection with the failure or delay in the performance of the Services;
2. the Customer’s use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services, other than in respect of losses caused by the Service Provider's gross negligence or intentional misconduct.
3. the Customer’s, the Customer’s Users, or a third party’s acts or omissions in relation to the use of the Services, including communications and/or networks, in breach of these Terms and Conditions;
4. any malfunction in the Customer's environment which impacts the provision of the Services, including (i) the acts or omissions of the Customer's third party service providers; (ii) the lack or impairment of internet connectivity; and/or (iii) the Customer’s device(s);
5. any unauthorised access to and/or use of Security Information; and
6. any delays caused by the Customer or the Customer’s third party service providers.
The Service Provider is not liable for any failure to perform its obligations due to events beyond its reasonable control, including: technical or network problems, termination of licenses, acts of God, government actions or restrictions, industrial disputes, or defaults by suppliers, agents, or subcontractors.
The Service Provider is not liable for any outages, downtime, or interruptions of WhatsApp, the actions or omissions of Meta Platforms, Inc. ("Meta") or the network failures by network operators.

6. Limitation of liability

The Customer acknowledges that the Service Provider will not be held liable for any damages (whether for loss of profits or savings or punitive damages or other economic loss) whether direct, indirect or consequential.
The Service Provider’s liability to the Customer shall be limited to the amount paid by the Customer to the Service Provider.
Nothing in these Terms and Conditions excludes liability for wilful or intentional misconduct or fraud.

7. Use of services

The Customer, may only use the Services for lawful purposes and you warrant that you shall not:
1. transfer any right or licence to use the Services;
2. use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and
3. use the Services for fraudulent activity or the transmission of "junkmail", "spam", "chain letters", or unsolicited mass distribution of messages.
Except for personal and non-commercial use, you may not copy, adapt, modify, or reuse any text, graphics, or content provided via the Services without the prior written permission of the Service Provider. For content hosted on Vodacom’s website or portal, the Customer must obtain written permission from Vodacom.
Use of the Services is only valid for the period specified at the time of purchase.
Any unused portions of the Services will expire automatically after the validity period and no roll-over will apply.

8. Pricing and Price Adjustments

All prices are displayed in South African Rands (ZAR) and include value-added tax ("VAT") where applicable.
The Customer shall be charged for WhatsApp messages based on the applicable rates published on the Service Provider’s WhatsApp for Business Platform ("Platform"), as updated from time to time.
The Customer acknowledges that WhatsApp messaging charges are subject to pricing determined by Meta Platforms, Inc. ("Meta") and may change from time to time.
The Service Provider reserves the right to adjust its WhatsApp messaging charges to reflect any changes in pricing imposed by Meta, including increases or changes to the applicable pricing structure.
The Platform will be updated to reflect the latest applicable WhatsApp messaging charges. Any revised charges shall apply to messages sent or otherwise chargeable from the effective date of the revised pricing and shall not apply retrospectively.
The Customer acknowledges that continued use of the Services following the effective date of a pricing adjustment shall be subject to the revised charges.

9. Billing and Payment

The Services shall be billed monthly in arrears, based on the Customer's actual billable usage during the applicable billing period and the rates applicable at the time such usage was incurred.
The Service Provider shall issue a monthly invoice detailing the charges incurred during the relevant billing period.
All invoices shall be payable within thirty (30) calendar days from the date of invoice.
The Customer shall remain liable for all charges validly incurred through the Platform, including charges not yet invoiced at the time of suspension or termination of the Services.
The Service Provider reserves the right to suspend the Services in the event of non-payment, subject to the applicable notice and suspension provisions of this Agreement.

10. Credit limit and Security Deposit

The Postpaid Service credit limit will be the same as a refundable security deposit payable to Mezzanine. The security deposit will be agreed upon between the Customer and Mezzanine based on the expected usage.
The security deposit shall be held as security for the due and proper payment of all amounts payable by the Customer under this Agreement and shall not constitute an advance payment for the Services.
The Service Provider may apply all or any portion of the security deposit towards amounts that are due and payable but remain unpaid, following written notice to the Customer. The Customer shall replenish any amount so applied within seven (7) days of receiving written notification.
The Service Provider may require an increase in the security deposit where the Customer's usage materially exceeds the anticipated usage on which the original deposit was calculated, subject to written notice.
Failure to pay, maintain or replenish the required security deposit shall entitle the Service Provider to suspend the Postpaid Service upon written notice, without prejudice to any other rights available under this Agreement.
Upon termination of the Agreement, the Service Provider shall refund the remaining security deposit, less any outstanding amounts payable by the Customer, within thirty (30) days following the final reconciliation of the Customer's account.
No interest shall accrue or be payable on the security deposit, except where required by applicable law.

11. Termination

The Customer may terminate the Services with immediate effect by giving written notice to the Service Provider, subject to any mandatory cancellation requirements.
Termination of the Services, for any reason, does not relieve the Customer of the obligation to pay all fees, charges, usage fees and other amounts accrued up to the effective date of termination, together with any other outstanding amounts payable under these Terms and Conditions. All outstanding amounts remain payable in accordance with the applicable payment terms.
The Service Provider may suspend or terminate the Services, to the extent permitted by applicable law, in any of the following circumstances:
1. where the Customer commits a material breach of these Terms and Conditions and, where the breach is capable of remedy, fails to remedy it within a reasonable period after receiving written notice requiring it to do so;
2. where the Customer fails to pay any amount due and payable, subject to any notice or remedial period required by applicable law;
3. where the Service Provider reasonably suspects fraud, abuse, unauthorised access, or misuse of the Services;
4. where the Customer uses the Services in a manner that violates applicable law, WhatsApp or Meta policies, or the requirements of any third-party platform provider;
5. where the Service Provider is required to suspend or terminate the Services by law or by a third-party platform provider; or
6. where the Customer becomes insolvent, is placed in liquidation, business rescue, or any similar process, or ceases to conduct business, to the extent permitted by applicable law.
In the event of non-payment, the Service Provider may, to the extent permitted by applicable law:
1. suspend the Customer's access to the Services;
2. terminate the Services in accordance with these Terms and Conditions and applicable law;
3. require payment of all outstanding amounts;
4. charge interest on overdue amounts at the applicable lawful rate; and
5. recover reasonable debt-collection costs to the extent permitted by applicable law.
  
  Suspension or termination for non-payment does not relieve the Customer of the obligation to pay amounts accrued or otherwise lawfully payable under these Terms and Conditions.
Where the Services have been suspended for non-payment, the Service Provider may, at its discretion and subject to payment of all outstanding amounts and satisfaction of any applicable reactivation requirements, restore access to the Services.
The Service Provider may suspend or terminate the Services with immediate effect, without providing an opportunity to remedy the breach, where reasonably necessary due to suspected fraud, a serious security risk, material misuse of the Services, a violation of applicable law or third-party platform policies, or a legal, regulatory or platform requirement, to the extent permitted by applicable law.
The Customer acknowledges that the Services may depend on WhatsApp, Meta, or other third-party platforms. The Service Provider shall not be required to continue providing any part of the Services where access is restricted, suspended, or terminated by a third-party platform provider, subject to any obligations imposed by applicable law.
Nothing in this clause excludes, restricts, or limits any rights or remedies available to either party under applicable law, including the Consumer Protection Act 68 of 2008 ("CPA"), where applicable.

12. Activation

In order to make use of the Services, the Customer is responsible to ensure that:
1. the Customer’s device is compatible for the functioning of the online service(s) purchased, including WhatsApp, and
2. the correct mobile number is used.
The Customer acknowledges that failure to ensure the above may lead to a delay in activation and/or use of the Services.

13. Privacy policy

The Customer acknowledges and agrees that it has read and consented to the contents of the Service Provider’s privacy policy for the Processing of data and Personal Information which is found at this link: https://www.vodacom.co.za/vodacom/privacy-policy/terms?icmp=Home/Footer/PrivacyPolicy
The Service Provider reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.

14. Data Protection

Customer Data remains the property of the Customer.
The Service Provider may Process Customer Data and Personal Information only to provide the Services and in accordance with applicable Data Protection Legislation.
Reasonable technical and organizational measures will be used to protect Customer Data.
The Parties will Process all Personal Information in accordance with the Applicable Laws and regulations governing the processing of Personal Information in the applicable Territory.
The Customer acknowledges that it shall, in relation to the Services, operate in the capacity of a Responsible Party (or the equivalent thereof under any Data Protection Legislation) in respect of Customer, User and/or third party Personal Information Processed as part of the Services and shall accordingly comply with all applicable obligations under Data Protection Legislation.
1. The Responsible Party determines the lawful basis, purpose and means of processing personal information for the service.
The Customer further acknowledges and agrees that the Service Provider may transfer Personal Information to its third-party service providers strictly for the purposes of performing the Services, provided that such third parties are bound by data protection obligations no less protective than those set out in this Agreement and required under applicable Data Protection Legislation.
The Customer warrants that it shall obtain all relevant consents and/or approvals to enable the Service Provider to Process any User and/or third party Personal Information provided by the Customer to the Service Provider in relation to the provision of Services.
1. The Responsible Party (being the Customer) indemnifies and holds harmless the Operator against any claim, loss, fine, penalty or damage brought or suffered by data subjects or any competent authority or information regulator, arising from or in connection with:
  1. any third-party claim arising directly from the Operator having acted on the Responsible Party's specific instructions; and/or
  2. any failure by the Responsible Party to comply with its obligations under clause 14 of this agreement
2. For the avoidance of doubt, the Operator shall not be liable for, and bears no obligation to verify, monitor or independently confirm, the Responsible Party's compliance with clause 14.5 or clause 14.7, and any such non-compliance shall not constitute a breach by the Operator of this Agreement.
The Customer will provide the Service Provider with a Privacy Notice (either an approved PDF or link to the Customer’s website Privacy Portal) for the Service Provider to make available for Data Subjects.
The Parties acknowledge that the Responsible Party is primarily responsible for responding to requests from Data Subjects to exercise their rights under section 5 of POPI including the right to be informed of the collection or unauthorised access to Personal Information held, the right to request correction, destruction or deletion of Personal Information that is inaccurate, irrelevant, excessive, incomplete, misleading or unlawfully processes, the right to object to processing (including direct marketing), the right to withdraw consent, the right not to be subject to decisions based solely on automated processing that produce legal or similarly significant effects, and the rights to lodge a complaint with the Information Regulator or institute civil proceedings.
The Operator shall not Process, respond to or act upon any Data Subject rights request unless expressly instructed in writing to do so by the Responsible Party, and the Responsible Party shall be responsible for:
1. Authenticating the identity of the Data Subject;
2. Verifying the validity and scope of the request; and
3. Providing written instructions or approval to the Operator before any such request is Processed.
Upon receipt of the instruction referred to in clause 14.10 above, the Operator shall, to the extent reasonably possible and taking into account the nature of Processing, assist the Responsible Party in complying with its obligations in respect of the Data Subject’s request.
The Customer acknowledges and agrees that the Service Provider will Process Personal Information as necessary to provide the agreed Services and to comply with Applicable Laws. Personal Information will be processed in accordance with the Service Provider’s privacy notice, available at this link:

https://docs.google.com/forms/d/e/1FAIpQLSffZCPmvjD--30RpQeEWOUb2mGzJgmzmMEdR0W9HpOdgr76Ew/viewform
The Customer is encouraged to review the privacy notice for further details on the purposes, legal bases, and rights related to such processing.
The Service Provider shall inform the Customer if, in its opinion, a Processing instruction infringes Data Protection Legislation and/or regulations.
Where Personal Information is transmitted or transferred over an electronic communications network, measures shall be put in place to control the flow of data and record the timing of the transmission or transfer, the Personal Information transmitted or transferred, the destination of any Personal Information transmitted or transferred, and details of the authorised User conducting the transmission or transfer.
The Service Provider shall notify the Customer without undue delay and in any event within forty-eight (48) hours after becoming aware of any data breach involving Customer Data or Personal Information.
The Parties agree that upon termination or expiry of any of the Agreement or the relevant Service, the Service Provider, at the choice of the Customer, shall return all the Personal Information transferred and the copies thereof to the Customer or shall destroy all the Personal Information in accordance with the retention policies set out in the relevant data regulations, and notify the Customer that it has done so, unless legislation imposed upon the Service Provider prevents it from returning or destroying all or part of the Personal Information transferred. In that case, the Service Provider warrants that it will guarantee the confidentiality of the Personal Information transferred and will not actively Process the Personal Information transferred/stored anymore.
Contact details of the Parties’ Data Protection Officers:
Service Provider: data-protection-officer@mezzanineware.com

15. Intellectual property

WhatsApp is a third-party platform owned and operated by Meta.
The Parties acknowledge and agree that the Service Provider:
1. does not own WhatsApp or any related Intellectual Property;
2. is not responsible for the operation, availability, or functionality of WhatsApp; and
3. acts solely as a reseller and/or facilitator of access to the Services.
Use of WhatsApp remains subject to Meta’s own terms and policies, which you agree to comply with.
The Service Provider and Vodacom retain all rights in and to their websites, systems, branding, and Services offering.

16. Confidentiality

Neither Party may disclose the other Party’s Confidential Information except to employees, affiliates or professional advisors who require it to perform the Terms and Conditions and who are bound by confidentiality obligations. Each Party remains responsible for any unauthorised disclosure by such persons.
All Customer Data will be treated as Confidential Information.
Where disclosure is required by law, the receiving Party must, where reasonably possible, give prior notice to the disclosing Party and only disclose the information legally required. Confidential Information remains the property of the disclosing Party and must be returned or destroyed upon request.
Confidential Information may be disclosed with the prior written consent of the disclosing Party, which may not be unreasonably withheld or delayed. The confidentiality obligations survive termination of the Terms and Conditions for 5 (five) years.
Neither Party may make public statements or announcements relating to the Terms and Conditions without the prior written consent of the other Party, which may not be unreasonably withheld or delayed.

17. Security Information

You undertake to keep your username(s), password(s), one-time PIN(s), and device(s) ("Security Information"), secure at all times and warrant that no other person shall use the Services utilising your Security Information and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Service is obtained using your Security Information, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.

18. Force majeure

No failure or omission by either Party to carry out or observe any provision of these Terms and Conditions, except for any obligations to make payment, shall give rise to any claim against the Party in question or be deemed a breach of these Terms and Conditions if such failure or omission arises from a Force Majeure Event. If such Force Majeure Event continues for at least 90 (ninety) days, either Party will be entitled to terminate these Terms and Conditions by notice in writing to the other Party.

19. General

These Terms and Conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African courts.
Each Party acknowledges that it has the legal capacity to agree to these Terms and Conditions and to purchase and make use of the Services.
These Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms and Conditions.
Any failure to exercise any particular rights or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by the Parties in writing.
These Terms and Conditions, as varied by the Service Provider from time to time constitute the sole agreement between the Customer and the Service Provider.
Read Vodacom's Access to Information Manual for details on the processes and procedures relating to the Promotion of Access to Information Act No. 2 of 2000 ("PAIA") and POPI.
All legal notices relating to the Services shall be sent to legal@mezzanineware.com.