I really don’t understand what’s this global saga all about. All these messenger apps have similar T&Cs. Whatsapp is updating their T&Cs to level with their Facebook and Messenger colleagues.

As for me in the advertising and marketing space, I need this T&Cs update so I can get access to Whatsapp users to market my clients services, just as how I do the same with Instagram, Facebook, Google.

We all see the ads, we often even click on them for interesting stuff. We need the custom ads to benefit our lives.

I’m currently away for the weekend at a resort which came to me via an ad on Instagram!

Every year, Google will email you the locations you’ve visited in the last year. They track all of your visits and will even guess where’s your home and where’s your work place.

Truecaller will take all of your contacts and share it among millions of other users, so when your contact calls them, they know who is calling.

Gmail had 1.5bn active accounts in 2019. I use the data Google gives to me to target Gmail users in particular for services my clients renders and products they sell, based on what they receive emails about or search.

That’s how the world is heading. These companies use your habitual data to share it with smaller companies who use the data to target you in commerce. Like it or not, it benefits you greatly as your life is revolved around it.

Why is it that you’ve accepted the very same T&Cs from all other free services you’re using, but refusing for Whatsapp which is in your daily use and an integral part of your life? Just because you’re seeing a hype about it? Have you even read the T&Cs?

Do you think it’s free to program and maintain an app, that’s why you’re getting to use it for free?
How does any App creator monetize the time and money spent on developing the app?

I’m an app developer, I’ve developed many. It’s very costly. iOS even charges to enable me to host my app in their store.

So do you think these apps whom you’re told to move to are charitable organizations? They’re there to give you the app to use for free because they care for you?

Whatsapp was same, wasn’t it? No ads they said yet the owner sold it for billions to Facebook.. Did he think FB had no plans to monetize the app after spending a world record fee? Really?!!

Everything in this world has a price on it. Everything is commercialized.

So really guys.. Is this not a marketing ploy by Telegram and Signal to gain users? Just as Whatsapp did to gain users from its predecessor, Skype, MSN, QQ, ICQ etc… Most of the articles I’m reading seems to be so, all pointing to alternative, strongly via either Signal or Telegram, as an advertorial would…

We moved on from Internet Explorer to Google Chrome who now tracks our whole life, what we browse, what we buy online, what we search for, to enhance our lives. I use the data Google and Facebook has amassed to monetize services and products. That’s how it is!

If you’re not happy with that, throw your smart phone in the bin because every aspect of it is that of a tracker and data collector. iOS or Android. That’s its job!
Can you do that? If you’re deleting whatsapp, then go the next step and switch to an entry level non smart phone as well.. It’s what you’re really trying to do.

Let’s not get caught up in this game. We need that upgrade!

Tx for the read.
Ml Mohammad Ashraf Patel

Your Purpose

The razor blade is sharp but can’t cut a tree; the axe is strong but can’t cut the hair.
Lesson :

Everyone is important according to his/her unique purpose.

Never look down on anyone unless you are admiring their shoes.

Economic Upturn in RSA?

The political situation is more concerning to me. Of course SA had potential, but until the leaders in power do not realize the damage they’re doing to the country and step down, this pictagram will not kick off.

Long Term Agreements

Email from Anton Kotze of Ellipsis regarding some info on the CPA and contracts.


Mohammad – Thanks for insights into a very interesting thread.

All of the parties are correct to some extent. I have some legal and some commercial input, and the two inputs work together in tandem.

With regards to the legal input, it is indeed correct that consumers (being any individual person or any company with a turnover/asset value of less than R2million) can indeed terminate a fixed term agreement as provided for in the CPA, subject to the right of the service provider to charge a reasonable fee. The reasonable fee is expanded on in regulation 5(2) of the regulations published under the act in GNR.293 of 1 April 2011.  Although there is no formula, there is 10 factors that needs to be taken into consideration, namely:

(a)the amount which the consumer is still liable for to the supplier up to the date of cancellation;
(b)the value of the transaction up to cancellation;
(c)the value of the goods which will remain in the possession of the consumer after cancellation;
(d)the value of the goods that are returned to the supplier;
(e)the duration of the consumer agreement as initially agreed;
( f )losses suffered or benefits accrued by consumer as a result of the consumer entering into the consumer agreement;
(g)the nature of the goods or services that were reserved or booked;
(h)the length of notice of cancellation provided by the consumer;
(i) the reasonable potential for the service provider, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and
( j) the general practice of the relevant industry.

The CPA and its regulations then also needs to be read with the Conventional Penalties Act of 1962 (incidentally also abbreviated to CPA :)).  In short, the Conventional Penalties Act provides that penalty clauses for early termination is valid and enforceable.  However in terms of section 3 of the act a court may reduce a claim for such a penalty amount if it is found that claim is out of proportion to the prejudice suffered.

To understand the prejudice suffered, one must also understand the business model of the service provider and the justification for requiring fixed term contracts.  A few that I can think of is as follows, and more often than not these issues are cumulative:

1.  Often, there is capital outlay in the form of CAPEX underpinned by a business case which requires a certain level of income.  There may also be a need for CAPEX to grow the network.
2.  As customer increase, so does operational requirements, albeit not in direct correlation.  For example the need to increase support staff and maintenance agreements.  Such commitments are normally much more difficult to reduce that the potential rate at which customer revenue can reduce.
3. Often, especially when contracting for larger “core” capacity – the service provider itself has to enter into longer term agreements to get better pricing so as to make it more competitive.
4.  Businesses with month-to-month contracts will be valued much lower than business with term based income.  Term based contracts therefore serves to increase the value of the company whilst mitigating against risks.
5. On the point of risk, this is something that in terms of the King III code of governance requires to be considered and mitigated within the boundaries of the companies’ risk appetite.
6. Term contracts are often used as an incentive for the customer to obtain better pricing.

Customers always blame the connectivity provider for everything that they do across the link, because they don’t understand that sometimes it is not the quality of the link but the quality of the application that they are using it for, or the quality of remote servers on third party networks.  This is especially true in the consumer, low priced market where the level of consumer technical knowledge is not so great.  This thus means that you can have customer cancelling agreements for reasons that are not attributable to you, but for which you are blamed for reasons which are not manageable by you.  You therefore run the risk that due to factors outside of your control your revenue can decrease at a much faster rate than your expidenture.  This in turn reduces overall profit margins and creates cash flow problems.  In addition, planning for growth is much more difficult and risky if you do not have a pipeline of guaranteed income.

All of the above, (and I’m sure these much more) therefore serves to create prejudice to the service provider in an environment where customers can cancel at short notice.

Fixed term agreements, carefully and properly structured within the parameters of the business model of the service provider and within the context of “risk-v-reward” therefore serves to create  a win-win scenario for both service provider and customer and conversely, if it was structured for a win-win and the customer does not honour it, then the service provider will suffer prejudice.

Anton Kotze
ellipsis (Johannesburg)

Do I need to respond to every email?

The suggestion I have is to fetch rather than receive which worked well for me over the years, meaning:
Instead of staff sending you email reports, it certainly is convenient for you to receive it in your inbox, and for you to view them as you find convenient time. However, the failure to this method is that before you know it, everyone is emailing you, your inbox gets flooded, and you spend hours on emails daily. From the office time to family time then to your personal sleep time. Less sleep, less productivity.
Email programs are not that well suited for tasks management,therefore we use programs like crm and project management.
Here, all leads and projects are created, and staff deposit their information in those bins. Now you can view the leads received,their progress and maintain tasks progress in the project management module. All without email intervention.

Another thing: if you initiate an email, do it stating your message without the need for a response or acknowledgment of receipt. Send it once, and avoid getting a reply. If you do, it’s an extra email and minute you are spending on. If you do receive an initiated email or report,avoid replying to it . Why should you? The email was sent to inform you of something,so leave it as that,unless of course it was a question or escalation. If you have a query on it, make a note of it on and review it during management meetings. You’ll get a clearer response faster.

Keep your phone calls short, you don’t need to get involved in every deal or every project in any company. You surround yourself with good partners and staff and trust that they’re doing their job properly. If they’re not, then train them to, don’t expect them to perform at your level of thinking,they never will. If they were,you would be working for them.  there are procedures to follow to replace them with more capable staff if current staff aren’t meeting your realistic expectations,even after training them.

I end of with a blog entry I made years ago,hope it helps.