Terms & Conditions
SATURN BROADBAND (PTY) LTD
TERMS AND CONDITIONS
By registering an account, the Customer hereby acknowledges having read, accepted and having agreed to the Terms and Conditions as set out hereunder.
The Customer hereby enters into an agreement with Saturn Broadband (Pty) Ltd (“T/the Company”), on the terms and conditions contained herein.
The Customer enters into this agreement for the purpose of purchasing broadband data and receiving satellite broadband services (“the services”), from the Company, for connectivity to the internet.
The Customer recognises and accepts that the Company has entered into an agreement with a third party (“the Third Party”), in terms whereof it procures the necessary broadband services, which it requires to render the services to the Customer.
Upon the successful registration of the Customer’s account with the Company, the Customer shall be provided with a UNIQUE ACCOUNT NUMBER, which the Customer shall be required to use in order to access his/her/its account with the Company on line, for the purpose of purchasing satellite broadband data and receiving the services.
The Customer hereby undertakes that he/she/it shall keep and hold the UNIQUE ACCOUNT NUMBER in the strictest of confidence and shall not, in any circumstances whatsoever, disclose or provide same to any other party. The Customer shall be required to take all steps which may be necessary to prevent the disclosure of the UNIQUE ACCOUNT NUMBER to any other party.
Through the use of the UNIQUE ACCOUNT NUMBER, the Customer shall be able to access his/her/its account with the Company on line, in order to purchase broadband data and receive the services. In so doing, the Customer shall select the bundle/package of broadband data which he/she/it wishes to purchase, for the stipulated purchase price (“the purchase price”).
Payment of the purchase price shall be effected by the Customer to the Company, only by way of debit order or electronic funds transfer and shall be made without set-off, deduction or retention on any basis whatsoever.
The satellite broadband data shall not be provided to the Customer and services shall not be rendered by the Company, until such time as payment of the purchase price has been effected to the Company in full.
In the event of the Customer being a juristic person, the person(s) who represent(s) the Customer in registering the account with the Company, shall be jointly and severally liable with the Customer (the one paying, the other to be absolved) in favour of the Company, as surety for the Customer and co-principal debtor with the Customer, for all debts, liabilities and obligations of the Customer to the Company.
The Customer agrees and accepts that the services rendered by the Company constitute a mere conduit for connectivity to the internet and for the transmission of information, content and/or material from external sources. The Company does not alter, vary or interfere with any information, content or material that is being transmitted either by or to the Customer, through the use of the services.
The Customer shall at all times do all things necessary to ensure that it complies with all applicable laws and regulations pertaining to the use of the services and to the material, content and information which is caused to be transmitted through the use of the services. In the event of the Company having a reasonable suspicion that the Customer is contravening any laws or regulations, the Company shall be entitled to terminate this agreement and the rendering of the services to the Customer, with immediate effect. In such event, the Customer shall not have any claim against the Company for loss or damages, of whatsoever nature and howsoever arising.
In any event, either the Company or the Customer shall be entitled to terminate this agreement and the services on one month’s written notice to the other, at any time. The selected chosen domicilia citandi et executandi of the Company and the Customer are set out in the Registration Application. Any notice to be provided in terms of this agreement, shall either be delivered by hand or sent by e-mail. In the event of delivery by hand, the notice shall be deemed to have been received on the date of delivery. In the event of transmission by e-mail, the notice shall be deemed to have been received on the date of successful transmission.
Any notice to be delivered by the Customer in terms of this agreement shall be placed on the Customer’s official letterhead.
The Customer hereby indemnifies the Company in respect of all and any claims made by third parties against the Company, pertaining to the use of the services or the purchase of the broadband data, of whatsoever nature, including but not limited to the transmission of any material, content or information, as well as the publication thereof.
The Company has the sole and absolute discretion to accept or decline the Customer’s Registration Application. In the event of the Company declining same, the Customer shall not be entitled to purchase the Company’s broadband data or to receive the services.
The Customer does not rely on any representations or warranties (whether express or implied) in entering into this agreement, which are not expressly recorded herein.
The Customer agrees and accepts that the rendering of the services is dependent upon external factors, including but not limited to services which the Company receives from the Third Party. Accordingly, the Customer agrees and accepts that the Company may, from time to time, be unable to render the services to the Customer, due to circumstances beyond the Company’s reasonable control. In such event, the Customer shall not have any claim against the Company for any loss or damages, of whatsoever nature and howsoever arising.
The Customer shall not cede any of his/her/its rights in terms of this agreement to any other party, without the written consent of the Company.
Any indulgence afforded to the Customer by the Company, shall not constitute a waiver of any of the rights of the Company, which the Company shall be entitled to enforce strictly at all times.
The Company shall not, at any time, be obligated, in any way, to delete or store or any information, content and/or material transmitted to or from the Customer, through the use of the services.
In the event of the Company being prevented or restricted from carrying out all or any of its obligations in terms of this agreement, by reason of any event constituting Force Majeure (being any cause beyond the reasonable control of the Company), then the Company shall be relieved of its obligations in terms of this agreement during such period.
Subject to the provisions of the Consumer Protection Act No 68 of 2008, to the extent that same is applicable to this agreement, the Company shall not be liable to the Customer or any third party, for any loss or damage which the Customer or such third party may suffer or incur as consequence of purchasing the broadband data or utilising the services, irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise, unless such loss or damage was directly attributable to the gross negligence or fraudulent intent of the Company. Without limiting the generality of this clause, the Company shall not, other than in circumstance of gross negligence or fraudulent intent, be liable to the Customer for any damage or loss, of whatsoever nature and howsoever arising, which may be caused by the services being interrupted, suspended or terminated for any reason whatsoever.
Should any term and/or condition of this agreement be found to be invalid and/or unenforceable for any reason whatsoever, such term and/or condition shall not affect the validity and/or enforceability of the remaining terms and/or conditions of this agreement and shall simply be severed and regarded as pro non scripto (as if it were never written).
The Company shall be entitled, at any time and on one month’s written notice to the Customer, to vary the terms and conditions of this agreement, including but not limited to the addition of other terms and conditions. The Customer shall not be entitled to vary any terms or conditions of this agreement, unless reduced to writing and signed by the Company and the Customer.
No consensual cancellation of this agreement shall be of any force or effect, unless reduced to writing and signed by the Company and the Customer.