Tech is a monthly magazine for technophiles and anyone wanting to keep abreast of the latest developments in the world of mobile tech, gaming, gadgets and more. The magazine looks at the movers and shakers in the industry and the role technology plays in shaping education, entertainment, sport and business.
Some of our discounts include:
Include Up to 20% off all mobile and tablet repairs.
Competition terms and conditions for non-subscribers:
1 All competitions (via automatic entry, SMS or post) for this magazine are reserved for readers who subscribe to the magazine on a monthly basis.
2 All benefits as detailed in this magazine are available only to readers who subscribe to the magazine on a monthly basis.
3 The other terms and conditions in this magazine are applicable only to readers who subscribe to the magazine on a monthly basis.
The basic terms and conditions for all competitions appearing in Tech magazine:
1 You have subscribed to a physical / digital magazine (“the magazine”) published or distributed by Foschini Retail Group (Pty) Ltd (“TFG”).
2 Your TFG account will be billed monthly for the magazine until you advise us to cancel your subscription, by contacting our Customer Services department. They can be contacted at 0860 834 834. You may cancel your subscription at any time but will be billed for the magazine until we receive your cancellation request.
3 Should you not wish to be billed for the magazine when your TFG account has a zero balance, please advise us of this by contacting our Customer Services department.
4 TFG reserves the right to cease publication or distribution of the magazine at any time in our sole and absolute discretion. In such an event, we will no longer bill you for the magazine.
5 TFG reserves the right to change or cease the benefits offered in the magazine at any time.
6 TFG may change the shape and the size of the magazine at any time.
7 The price of the magazine may be adjusted annually, and you will be billed the increased price from the date that the increase becomes effective. We will give you advance notice of any such increase and the effective date thereof.
8 These terms and conditions can change from time to time and you will be bound to any new terms and conditions from the date of publication thereof in the magazine.
9 We hereby notify you that it may be necessary for certain third-party benefit providers to process your personal information to enable them to provide their services to you. By subscribing to the magazine, you agree to this.
10 TFG staff members who subscribe to the magazine are not eligible for any magazine benefits and competition prizes.
11 You are contracting with Foschini Retail Group (Pty) Ltd, Registration number 1988/007302/07, VAT number 4210187250, situated at 340 Voortrekker Road, Parow East, Cape Town.
12 Your access link to the monthly issue of the digital magazine will be sent to you via SMS on the 15th of each month or the closest working day of the month after this, for as long as you are a subscriber to the magazine.
13 TFG cannot be held responsible if you do not receive your SMS access link for your digital magazine due to power outages, interruptions with your mobile service provider or the incorrect cellular number being provided to TFG.
TFG magazine terms and conditions:
1 You have subscribed to Tech magazine (hereafter referred to as ‘the magazine’), a publication of The Foschini Retail Group (Pty) Ltd (hereafter referred to as ‘TFG’).
2 Your TFG account will be billed monthly for the magazine.
3 Should you not wish to be billed for the magazine when your account has a zero balance, please advise TFG of this.
4 You may be charged interest on your subscription amount monthly if the payment plan that you have selected attracts interest.
5 You may cancel your magazine subscription at any time by contacting our customer services centre on 0860 834 834.
6 TFG reserves the right to cease publication of the magazine at any time at the sole and absolute discretion of TFG. In such an event, TFG will cease to bill you for the magazine.
7 TFG reserves the right to change or cease the benefits offered in the magazine at any time, and to change the level of service offered to subscribers of the magazine.
8 TFG reserves the right to change the shape or size of the magazine at any time.
9 TFG reserves the right to adjust the price of the magazine at any time during a calendar year and you will be billed the increased amount on your TFG account from the date of the increase. TFG will notify you in the event of any increase before your subscription is billed.
10 Terms and conditions appearing in the magazine may be changed at any time and subscribers will be bound to any new terms and conditions from the date of publication.
11 We hereby notify you that it may be necessary for certain third-party benefit providers to process your personal information to enable them to provide their services to you. By making use of the benefit, you agree to this.
Magazine subscription terms and conditions for cash customers:
1 You have subscribed to Tech magazine (“the Magazine”), a publication of Foschini Retail Group (Pty) Ltd (“TFG”);
2 For enquiries regarding your subscription, contact customer services on 0860 834 834;
3 TFG reserves the right to cease publication of the Magazine at any time in our sole and absolute discretion. If your subscription is still running at that point, you will receive a refund for Magazines still due to you;
4 TFG reserves the right to change or cease the benefits and competitions offered in the Magazine at any time, and to change the level of service offered to subscribers of the Magazine;
5 Magazine benefits are only available to customers who subscribe to the Magazine for a minimum period of six or 12 months and do not apply to customers who purchase single copies of the Magazine;
6 Customers who subscribe for six- or 12-month periods will be automatically entered into all “automatic entry competitions”, however, customers who purchase single copies of the magazine will not be entered into these competitions;
7 All customers must enter “SMS entry competitions” by sending a SMS to be eligible to be in the draw for any prizes;
8 Subscribers may only enter each competition once, and multiple entries will be discarded;
9 If you have elected to pay for your subscription via a monthly debit order deduction, and if your debit order fails for any reason whatsoever in any month, you will not be sent a Magazine for that month and you may be charged a financial handling fee;
10 You must provide us with the correct address where your Magazine must be sent to every month, failing which you will not receive your Magazine, and we will not be liable to re-send your Magazine to any alternative address. Should you change your address, you must advise customer services of this;
11 TFG may change the shape and the size of the Magazine at any time;
12 The price of the Magazine will be adjusted at any time during in a calendar year, however, customers who subscribe for six- or 12-month periods will not be subject to price increases during the term of their subscription;
13 These terms and conditions can change from time to time and you will be bound to any updated terms and conditions from the date of publication in the Magazine and on www.tfgclub.co.za/cash subscribers;
14 We hereby notify you that if you are a Magazine subscriber it may be necessary for certain third-party benefit providers to process your personal information to enable them to provider their services to you. By making use of the benefit(s) you agree to this.
1. ABOUT WeFix
WeFix repairs and services all Apple devices ranging from iPhones, iPads, iPods and Macs to Samsung Smart Phones and Tablets.
With stores in top malls in all major city centres and over 115 000 successful device repairs in over 7 years of operation, they are the most experienced 1-stop Apple and Samsung repair and servicing destination.
Simply visit your nearest branch to book your device in. Should you require collection/delivery, WeFix will provide a quotation for this where upon acceptance you will liable for the relevant collection/delivery costs.
WeFix also offers a wide range of mobile accessories and add-ons in-store.
Members receive 20% discount on all makes and models of Phones/Tablet repairs with Phix
Phix terms and conditions:
- Voucher is not redeemable for cash
- Voucher is not available in conjunction with other in-store promotions
- Free collection and delivery nationwide
General terms and conditions (for contract):
- On the anniversary of the date of the Effective date and after notifying Foschini in writing, the Service Provider shall be entitled to adjust the fees and charges as a result of any regulatory and government imposed factors that impact on such fees and charges. A thirty (30) day notice period will be given prior to implementing such increase;
- The contact centre does not facilitate payments;
- Randgo Third party service provider’s products and services terms and conditions (T & C) apply. Randgo is responsible for ensuring that it is aware of the full content of these T & C’s and undertakes to inform Foschini of any changes that may be made to the T & C’s from time to time that may affect any of the benefits offered to Foschini, as soon as the third party suppliers have notified Randgo of the changes to their T & C’s;
- Randgo does not facilitate delivery services that are not included by third party service providers;
- The Randgo service is only available to Tech Magazine Members and their immediate families;
- Randgo contact centre will verify Membership at point of interaction;
- Vouchers sent via the contact centre can be SMS’ed, faxed or emailed (based on the third party service provider rules and the Member requirements) by using the Randgo’s bespoke voucher issuing and distribution platform
- Should a third party service provider cancel their agreement with Service Provider, the Service Provider will endeavor to replace the partner with a suitable alternative.
3. DIAL A NERD TERMS AND CONDITIONS
Nerdworks Pty Ltd trading as Dial-A-Nerd, (Herein referred to as “DAN”) provides mobile on-site computer maintenance, support and consulting services. (Herein referred to as “The Services”) The Services provided to the customer, are subject to the following terms and conditions. By confirming a DAN booking, the customer accepts these Terms and Conditions.
Appointments and rates
DAN will attend the customer’s premises at the prearranged time. The Customer will pay for all Services provided, at the following rates.
DAN normal working hours are Monday through Friday, 08:00 to 17:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. These will include Saturday and or Sunday and a latest working time of 21:00. An overtime fee will be charged for these additional working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement.) The DAN engineer will remain at the customer’s premises for the entire time that the DAN technician is on site.
DAN must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. DAN reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.
The “no fix, no fee” policy only applies to home users and not to business users.
If the DAN engineer offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.
If the technician is prevented from resolving a problem because the customer does not posses the appropriate software disks, drivers or product serial numbers, the customer will be charged for the time spent up to that point.
If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.
The customer will pay Dan the amount invoiced by the DAN technician. This amount is due to DAN from the time the invoice is first given or sent to the customer. DAN will attend the Customer’s premises for the agreed period, by the customer, prior to or at the commencement of the appointment. DAN will endeavor to diagnose and or remedy the problem(s) described by the customer, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of DAN attendance, DAN will discuss with the customer the options available. The customer may ask DAN to continue working on the problem(s), or make a further appointment. The customer may terminate the appointment at any time. On termination, the customer will pay DAN the amount incurred in respect of additional time, if any, beyond the first hour’s attendance. Payment is to be made in cash or by cheque or Electronic Fund Transfer. (provided the DAN technician is supplied with a printed copy of the completed transfer.) Credit card payment is accepted, however, DAN only accepts certain credit cards. Please enquire when booking your job which cards can be used. In the event of a default or dishonoured cheque or non-payment, DAN will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full.
DAN accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s ISP.
The customer hereby confirms that a full back up of the customer’s hard-drive has been made prior to DAN commencing The Services. The customer further confirms that there is no legal restriction or impediment to DAN providing Services to the customer.
DAN shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to The Services provided by DAN or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify DAN in respect to loss, damage or injury arising from the provision of The Services. DAN has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.
DAN will maintain the confidentiality of the customer’s files and or data. DAN further undertakes not to provide any customer information to any third party, save in the event that it is lawfully required to do so. DAN reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, DAN terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the DAN technician.
Goods provided by DAN
DAN may make recommendations to the customer, or the customer may request that a product be provided by DAN, in order for DAN to perform The Services. All expressed or implied warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by DAN, are expressly excluded. DAN has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party, whether or not that product has been recommended to the customer by DAN. Any hardware, software or equipment provided to the customer by DAN shall remain the property of DAN until full payment is received.
Return visit and complaints policy
In the event of any dissatisfaction with The Service provided by DAN, the customer should immediately contact DAN on 0861-4-NERD. DAN will make an appointment for a return visit by the designated technician. The technician will endeavor to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of DAN, the Customer shall pay for the additional time incurred at DAN normal rates. If the problem arose directly as a result of DAN previous attendance no further charge shall be made.
GENERAL TERMS AND CONDITIONS OF TRADE
The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and the Supplier and that any alterations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorized representative of the Supplier; (b) this Agreement will govern all future contractual relationships between the parties, notwithstanding receipt or acknowledgement of the Customers own order form or conditions; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive conditions; (e) any conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by the Supplier and (g) this Agreement applies to all employees and subcontractors of the Supplier.
This Agreement, and any offers, orders or contracts of sale pursuant thereto, become binding only when accepted by the Supplier at its business address.
The signatory hereby binds himself in his personal capacity as Shareholder (in the case of a company), Member (in the case of a close corporation) or Owner, Partner, or Proprietor, as co-principal debtor jointly and severally for the full amount due to the Supplier and agrees that this Agreement will apply in the same way to him.
The Customer acknowledges that it does not rely on any representations made by the Supplier in regard to its products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by the Supplier in respect of its products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by the Supplier.
The Customer agrees that neither the Supplier nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
All quotations will remain valid for a period of 5 working days from the date of the quotation.
Delivery and performance times quoted are estimates and are not binding on the Supplier.
All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by the Supplier, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to the Supplier before acceptance of the order.
In the event of the Customer disputing the amount of the cost increase in Clause 8 above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Customer.
Notwithstanding the provisions of Clause 1 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this agreement and may not be cancelled by the Customer.
It is the responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. The Supplier gives no warranty, express or implied, concerning the suitability of the products supplied for any purpose whatsoever.
The supplier reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
Products are sold voetstoets with no warranty against latent defects. All other guarantees, including common law guarantees, are hereby specifically excluded.
Liability under clause 23 is restricted to the repair or replacement of faulty products or services, or granting of a discount, at the sole discretion of the Supplier.
The Supplier shall not be required to work to tolerances closer than those applicable to the materials obtained by it in the ordinary course of trade, or supplied to it by the Customer. The supplier shall not be held liable for any variations in the standard, quality and performance of such materials.
The Supplier shall not be liable for any defects resulting from it being required to expedite delivery ahead of the time needed for the proper production of the order.
The Supplier shall not be held responsible for imperfections in the work due to defects in or the unsuitability of material or equipment not supplied by the Supplier. Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account.
The customer agrees to pay all costs resulting from any acts, omissions or requests of the Customer including disbursements, suspension of work, modifications of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed.
Customer’s property and property supplied to the Supplier will be retained at the Customers risk.
The Supplier shall not be liable for any damage arising from any misuse, abuse or neglect of products or services under any circumstances whatsoever.
Any order is subject to cancellation by the Supplier due to Acts of God, or from any cause beyond the control of the Supplier, including (without restricting this clause to these instances ): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
The completed product will be dispatched or must be collected by the Customer when ready and the Customer shall not refuse or delay to take delivery.
The Supplier shall be entitled to invoice each delivery or performance separately when executed.
The Customer agrees to establish, immediately upon delivery, that the products and services appearing on the Supplier’s delivery note, Tax Invoice or other documentation, correctly represents the products, or services, and prices agreed to and are free of defects.
Where products or services are delivered prior to the issue of a Tax Invoice, the Customer agrees to immediately upon receipt of the Tax Invoice establish that it correctly represents the delivered products or services and prices agreed to.
The Customer hereby confirms that the goods or services detailed on the Tax Invoice issued duly represents the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
Any delivery note, invoice or waybill (copy or original) signed by the Customer or a third party engaged to transport the products, and held by the Supplier shall be conclusive proof that delivery was made to the Customer.
The Customer shall return any defective moveable products to the premises of the Supplier at the Customers cost and packed in the original or suitable packaging.
Claims under this agreement shall only be valid if the Customer has within 3 days of the alleged breach or defect occurring, given the Supplier 30 days written notice by prepaid registered post to rectify any defect or breach of Agreement.
To be valid, claims must be supported by the original Tax Invoice.
If the Supplier agrees to engage a third party to transport products on the Customer’s behalf, it does so on terms deemed fit by the Supplier. The Customer indemnifies the Supplier against any claims arising from such agreement.
The risk of damage to, or destruction or theft of its products shall pass to the Customer on delivery of any order placed in terms of this Agreement and the Customer undertakes to comprehensively insure the products until paid for in full. The Supplier may recover insurance premiums from the Customer for products insured on the Customer’s behalf.
All products supplied by the Supplier remain the property of the Supplier until such products have been fully paid for whether such products are attached to other property or not.
The Customer agrees that the amount contained in a Tax Invoice issued by the Supplier shall be due unconditionally (a) cash on order, or (b) if the Customer is a Credit Approved Customer, then within the granted credit period as specified on the Credit Application, or not later than the end of the month in which a Tax Invoice has been issued by the Supplier.
The Customer agrees to pay the full amount on the Tax Invoice at the Business Address of the Supplier or at such other place that the Supplier may designate in writing.
The risk of payment by cheque through the post or by electronic funds transfer rests with the Customer.
The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorized representative of the Supplier.
The Customer is not entitled to set off any amounts due to the Customer by the Supplier against it’s indebtedness to the Supplier.
All discounts shall be forfeited if payment in full is not made on the due date.
The Customer agrees that the amount due and payable to the Supplier may be determined and proven by a certificate issued and signed by an independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.
The Customer agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 34 above in the case of a Credit Approved Customer, the Supplier is entitled to (i) forward a letter of demand using a third party demanding full and final payment.
The Customer hereby gives his/ her consent for a credit check.
Outstanding accounts are subject to default listing on a national credit bureau database.
On payment of the outstanding debt the default listing will be adjusted to read “Paid Default” until legislation demands complete removal
The Supplier reserves the right to provide a national credit bureau with updated personal information.
The Customer also consents that the Supplier may use a national credit bureau database for tracing, should the Customer abscond.
The Supplier hereby agrees that should they default on payment, the Supplier can make this information available to the industry and affiliated businesses.
A Credit approved Customer will forthwith lose this approval when payment is not made in accordance with the conditions of clause 34 and all amounts then outstanding shall immediately become due and payable.
The Customer agrees that interest shall be payable to the Supplier at the maximum legal interest rate prescribed in terms of the Usury Act on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order.
The Customer shall be liable to the Supplier for all legal expenses incurred by the Supplier on the attorney-and-own client scale in the event of (a) any default by the Customer or (b) any litigation in regard to the breach, validity or enforceability of this agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that the Supplier may demand.
The Customer shall pay five thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
The Customer agrees that the Supplier will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 as amended.
The Customer expressly agrees that any debt owed to the Supplier by the Customer shall become prescribed only after the passing of a period of ten years from the date the debt falls due.
The Customer irrevocably authorizes the Supplier to enter its premises to repossess any products delivered, without court order, and indemnifies the Supplier completely against any damage whatsoever, relating to the removal of repossessed products.
The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of the Supplier. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of the Supplier in the products.
Any item delivered to the Supplier shall serve as a pledge in favour of the Supplier for present and past debts and the Supplier shall be entitled to retain or realize such pledges as it deems expedient at the value as determined in clause 67. The sworn or realized value of pledged products will be offset against the Customer’s debts and any excess balance will be paid to the Customer.
The supplier is entitled to exercise a lien over any of the Customer’s property in its possession until all outstanding debts have been paid.
The Customer hereby cedes and assigns unto and in favour of the Supplier all its rights, title, and interest in and to all debts which are now, or which may in the future, become owing to it by any third party or parties as security for the payment by it of all amounts which are now or may from time to time in the future, become owing by it to the Supplier from any cause of indebtedness however arising. The Customer agrees that on request by the Supplier, it shall be obliged to hand over to the Supplier all books of accounts, contracts, invoices and documents, and the like, which it may require for the purpose of ascertaining the amounts due to it and for the purposes of the recovery of payment.
If any products supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio), the Customer shall be obliged on notice of cancellation of the agreement to transfer the same quantity of products in ownership to the Supplier.
The Customer or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies the Supplier and all of its employees against any liability which the Supplier may incur to any other person as a result of the production of any material produced.
The customer agrees to the Standard Rates of the Supplier for any products supplied or services rendered, which rates may be obtained on request.
Any document shall be deemed duly represented to and accepted by the Customer (i) within 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers, or any director, member’s or owner’s fax numbers; or (iii) within 24 hours of being e-mailed to any of the Customer’s e-mail addresses, or any director, member’s or owner’s e-mail addresses; or (iv) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (v) within 48 hours if sent by overnight courier, and (vi) within 7 days of being sent by surface mail.
Any order is subject to cancellation by the Supplier if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgment is recorded against the Customer or any of its principals.
The Customer agrees that the Supplier will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in clause 21 or 64 occur.
In the event of the Customer being in arrears with any payment or in breach of any term of this agreement, the Supplier is entitled to cancel all contracts with immediate effect.
In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the products at the time of repossession and (b) all other costs incurred in the repossession of the products. The value of repossessed or retained pledged products shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the products are not recovered for any reason whatsoever, the value shall be deemed to be nil.
The Customer agrees that any indulgence whatsoever by the Supplier will not affect the terms of this agreement or any of the rights of the Supplier and any such indulgence shall not constitute a waiver by the Supplier in respect of any of its rights herein. The Supplier will not be stopped from exercising its rights in terms of this Agreement under any circumstances whatsoever.
The Supplier shall not be liable for any consequential damages including loss of profit or for any delictual liability of any nature whatsoever.
The Customer chooses its address for legal execution as its physical or business address or the physical address of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).
The Customer undertakes to inform the Supplier in writing, within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address, or 14 days prior to selling or alienating the Customer’s business. Failure to do so will constitute a material breach of this agreement. Upon receipt of such written notification, the Supplier reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.
The invalidity of any part of this Agreement shall not affect the validity of any other part.
In the agreement any reference to natural persons includes legal persons and vice versa and references to any gender includes references to the other gender and vice versa.
The Customer hereby consents that the Supplier shall have the right to institute any legal action in either the Magistrate’s Court or the High Court at its sole discretion.
This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause 74.
The Customer hereby consents that any items left with Dial a Nerd will be sold after three months to defray costs.
The Customer consents to receiving the Dial a Nerd Customer Newsletter, which they have the option of unsubscribing from at any time.
4. PLUGG TERMS AND CONDITIONS
Please note: By completing the online signup process and subscribing for the service, the ISP will issue you with a user name and password. By using the user name and password to access the service(s) and/or by using the service(s) in any way, you the user, will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you the user and the ISP, which terms and conditions you the user is deemed to have familiarised yourself with and to have irrevocably accepted.If you do not agree to all of the terms of this agreement, including payment terms, do not tick the terms and conditions box or continue with purchasing the product and the registration process will not continue,. The parties to this agreement, including the ISP are not willing to enter into this agreement if you are not willing to accept such terms and conditions.
“this Agreement” – means these terms and conditions of use and all other terms and conditions which the ISP may, from time to time, impose in respect of the Service, as amended and updated from time to time.
“the User” means the party who has purchased the Service and/or any person using the Service
“the ISP” means Internet Solutions, a division of Dimension Data (Proprietary) Limited (2007-011096-23)
“the effective date” means the date on which the ISP activates the User’s subscription to the Service
“the Service” means the Internet service described hereunder in clause 4.2 and/or clause 5.2 provided by the ISP to the User in terms of this Agreement
The ISP hereby sells the Service to the User on a subscription basis on the terms and conditions set out in this Agreement.
When the User subscribes for the Service, the ISP will issue a user name and password to the User. By using the user name and password to access the Service and/or by using the Service, the User will be signifying his/her acceptance of these terms and conditions of use, which will form a binding Agreement between the User and the ISP, which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted.
The User warrants that as at the effective date, all the details furnished by the User to the ISP are true and correct and that they will notify the ISP forthwith in the event of any change to such details.
Charges And Payment
All reasonable endeavours will be made by the ISP, its suppliers and service providers to make and keep the Service available to subscribers at all times.
Notwithstanding the aforegoing, the User agrees that the ISP, its suppliers and service providers shall not be liable in respect of any loss or damage caused by or arising from the non-availability of, any interruption in or the use of the Service for any reason whatever and howsoever arising.
This exclusion of liability of the ISP, it’s suppliers and service providers for loss or damage will include, but is not limited to:
• loss caused by negligent acts of the ISP, it’s suppliers and service providers or their employees
• any direct, indirect, consequential, incidental or specific loss or damage resulting from interruption of the Service, the User’s business, loss of information, loss of any form of data or any other cause of any nature, whether foreseen or not
The ISP, its suppliers and service providers may suspend its obligations in terms of this Agreement temporarily in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the ISP’s, its suppliers’ or service providers’ services.
All reasonable endeavours will be made by the ISP, it’s suppliers and service providers to notify the User of any maintenance and/or repairs which may result in the non-availability of the Service, but no warranty or other contractual undertaking is given that such notice will be given. The User shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension or interruption of the Service. Additionally the User shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension, which is beyond the control of the ISP or its suppliers and service providers.
Conditions of use for Internet Access Service
To ensure the security and reliable operation of its services, the ISP, its suppliers and service providers reserve the right to take any action the ISP, its suppliers or service providers may find necessary to preserve the on-going security and reliability of the Service.
With effect from the effective date the ISP, its suppliers and service providers, grant to the User the use of its Service to inter-alia gain access to and facilitate use of the Internet via a dial-up connection on the terms and conditions set out in this Agreement. By making use of the Service in any manner whatsoever the User acknowledges and agrees to the following:
• the username and password provided by the ISP, its suppliers or service providers will be used for the User’s personal use only. The User undertakes to maintain the confidentiality of such username and password and the User is not to give or make available in any way his/her username and/or password to any other person for such person’s use, which shall be deemed to be unauthorised use
• the User shall not, at any time, permit and/or initiate a simultaneous network log-in and will not attempt to bypass the ISP’s, its suppliers’ or service providers’ user authentication processes or engage in attempts to access the ISP’s, its suppliers’ or service providers’ networks where not expressly authorised to do so, which actions shall be deemed to be unauthorised use of the Service
• should any unauthorised use takes place, the User shall, in conjunction with any other rights the ISP, its suppliers or service providers may have in terms if this Agreement, pay immediately, on demand made by the ISP, its suppliers or service providers, any and all costs, including but not limited to additional service fees, incurred in such unauthorised use
• in the event that the User’s password is compromised, the User shall immediately notify the ISP, its suppliers or service providers and change his/her password
• the User acknowledges that they are prohibited from utilising the Service to compromise the security or tamper with system resources or account(s) on computer(s) at the ISP, its suppliers or service providers, or at any other site
• the User agrees to conform to generally acceptable Internet etiquette and to abide by the ISPs’, its suppliers’ and service providers’ operating policies and Acceptable Use Policy (AUP), which may be amended from time to time at the sole discretion of the ISP, its suppliers or service providers, and is available to the User on demand, and the User hereby indemnifies and holds harmless the ISP, its suppliers or service providers from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy
• the User undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trademarks, and patents) of any and all data and/or information retrieved from the Service including those expressly specified or impliedly specified by the ISP, its suppliers or service providers or by any of the local or foreign service providers or any laws governing the provision of the Service
• it is specifically recorded that the User is expressly not authorised to tamper with the Service, servers or networks provided by the ISP, its suppliers or service providers in any manner whatsoever, nor to utilise the Service in any manner which may compromise the security of the Service, servers or networks provided by the ISP, its suppliers or service providers. To ensure the security and reliable operation of the Service, servers or networks provided by the ISP, its suppliers or service providers, the ISP, its suppliers or service providers hereby reserve the right to take whatever action the ISP, its suppliers or service providers may find necessary to preserve the security and reliability of the Service, servers or networks provided by the ISP, its suppliers or service providers
The User agrees to pay the Service setup and subscription fees, which may include (without being limited to) fees for other services the User may subscribe to from time to time (“additional services”).
The User shall be billed monthly in advance for the Service and/or additional services for the period commencing on the first day of the month to the last day of the same month.
Should there be a setup fee for the Service and/or additional services, as the case may be, the User shall be billed this setup charge for the Service and/or additional services, as the case may be.
The User agrees to pay such charges as levied by the ISP from time to time as follows:
• All amounts payable in terms of this Agreement shall be paid by way of a direct debit order or in such other manner as the ISP may from time to time determine and shall be free of exchange and paid in full without deduction, discount, refund, set-off or any other credit in respect of any suspension or interruption of or delay in the Service, or where in any month the client has utilised less than any minimum bandwidth specified
• the User hereby expressly authorises to debit its current banking account for all amounts due to the ISP in terms of this Agreement, which amount is non-refundable
• payment of charges may not be withheld by the User for any reason whatsoever
Should any payment not be made on due date, the ISP shall be entitled, without prejudice to any other rights they may have, to:
• charge interest on such arrear payment as from due date to date of actual payment thereof at a rate equal to the annual prime rate charged by First National Bank on overdrawn accounts from time to time, plus 2% (two percent)
• suspend performance of the ISP’s, its suppliers’ or service providers’ obligations under this Agreement pending full payment by the User
• take all such further steps as may be necessary to recover the outstanding amount from the User, in which event the User agrees to pay all costs associated with such recovery on an attorney and own client basis. Additionally the ISP reserve the right to levy a charge for handling fees at an amount determined by the ISP for monies due in the event of a User’s payment being returned or rejected by the User’s bankers without notice, or to suspend the User’s access to and use of the Service until such time as the outstanding amount has been paid in full
• terminate this Agreement with immediate effect
• record the existence of the User’s account with a Credit Bureau.
• record and transmit details of how the User has performed to a Credit Bureau, and how the account is conducted by the User in meeting their obligations on the account.
• The User confirms that all statements made in the completion of their account signup process are true and correct. the ISP, their suppliers and service providers reserve the right to request written proof thereof.
The setup charges for the Service and/or any additional services, as the case may be, is a charge for initiating the Service and/or additional services at the users request by their completing the online signup process, as the case may be, and the User shall be liable for the setup charge irrespective of the use made of the Service and/or additional services, as the case may be.
The monthly charges for the Service and/or any additional services, as the case may be, is a charge for permitting the User continued access to the Service and/or additional services, as the case may be, and the User shall be liable for each and every monthly charge irrespective of the use made of the Service and/or additional services, as the case may be.
Invoices shall only be issued by the ISP to the User on request
In the instances where this Agreement, in respect of any products applied for, specifies a minimum subscription period (“minimum period”) longer than one month’s duration and the User cancels or purports to cancel this Agreement in respect of such service, prior to expiration of such minimum period, the remainder of all monthly payments payable during the subscription period shall immediately become due and payable to the ISP.
The ISP reserves the right, in its sole discretion, to increase or decrease the Service subscription fees, and undertakes to give the User at least 30 (thirty) days notice of any such increase or decrease. Should the amended fee be unacceptable to the User, the User may terminate this Agreement in accordance clause 8 below, failing which the amended fee shall take effect on the date indicated in the written notice.
The provision and costs of software and/or web site development, including HTML coding, design, development and maintenance, and the support thereof by the ISP, its suppliers or service providers, are specifically not included as part of the Service as set out in this Agreement unless otherwise specified.
The User certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised to contract on their behalf.
Exclusion Of Liability
Except as otherwise expressly provided herein to the contrary, the ISP, its suppliers or service providers shall not be liable to the User or any third party for any loss or damage of whatsoever nature and/or howsoever arising from the use of the Service and/or this Agreement (including consequential or incidental loss or damage such as, without limitation, loss to property or of profit, business, goodwill, revenue or anticipated savings), or through the User’s failure to comply with any provision of this Agreement or with any other requirements which the ISP, its suppliers or service providers may impose from time to time, or through any unavailability or interruption in the Service as described in 3 above.
Without derogating from the generality of clause 7.1, the ISP, its suppliers or service providers shall not be liable for any damage or loss arising from the loss of or damage to any of the User’s hardware, software, applications or for unauthorised actions taken on the Service, servers or networks provided by the ISP, its suppliers or service providers by the ISP, its suppliers or service providers and/or any third parties.
Without derogating from the generality of clause 7.1, the ISP, its suppliers or service providers shall not be liable for any damage or loss arising from the loss of or damage to any of the User’s hardware, software, applications or for unauthorised actions taken on the Service, servers or networks provided by the ISP, its suppliers or service providers by the ISP, its suppliers or service providers and/or any third parties.
The User agrees that the ISP, its suppliers and service providers may from time to time send the User various communications by email, SMS or other methods, regarding (without being limited to) special offers or discounts which the ISP, it’s suppliers and service providers may negotiate for its users, operational changes that may affect the Service and/or additional services and/or new services launched by the ISP, its suppliers and service providers from time to time.
Should the User be in breach of any provision of this Agreement, then the ISP, its suppliers or service providers shall be entitled, without prejudice to any other rights they may have and without notice to the User, to forthwith:
• provide the User with reasonable opportunity to remedy the breach, taking into account the nature of the breach
• claim immediate payment of all outstanding amounts payable in terms of this Agreement
• suspend the User’s use of and access to the Service
• terminate this Agreement, retain all amounts already paid by the User and recover all costs incurred, if any, by the ISP, its suppliers or service providers, including (without being limited to) legal costs on an attorney and client basis
The ISP shall be entitled to delegate, cede and/or assign its rights and obligations in terms of this Agreement to any third party, without notice to the User.
The User shall not be entitled to cede or assign any of its rights or obligations in terms of this Agreement without the prior written consent of the ISP, which consent shall not be unreasonably withheld.
The User hereby irrevocably consents to the jurisdiction of the Magistrates’ Court in the terms of Section 28 of the Magistrates’ Courts Act of 1994, provided that the ISP shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa and the User further agrees that costs shall be calculated in accordance with the tariff of such court.
The ISP reserves the right to amend this Agreement from time to time without notice to the User.
Any new version of the Agreement will be made available on the ISP’s web site. It is the User’s express obligation to regularly visit the ISP’s web site to ascertain whether any amendments have been made to this Agreement.
The User shall have no authority to amend, modify or vary the terms and conditions of this Agreement or any other terms and conditions stipulated by the ISP, its suppliers or service providers for the provision of the Service.
Notices And Domicilium
The Parties choose as domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at:
• The ISP: the physical address as published on the ISP’s website
• The User: the physical address provided by the User when subscribing for the Service
The User agrees that any notices sent to the User in terms of this Agreement may be sent via email.
This Agreement constitutes the whole of the Agreement between the parties hereto relating to the matters dealt with in this Agreement and save to the extent otherwise provided herein no representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the parties.
No variation, addition, deletion, or cancellation will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorised representatives.
In the event of any one or more of the provisions of this Agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this Agreement, and the Agreement shall be carried out as nearly as possible in accordance with its original terms and intent.
Covenant of Good Faith
The User warrant that as at the effective date, all the details furnished by the User to the ISP are true and correct and that the User will notify the ISP timeously in the event of any change to such details.
Each Party agrees that it shall at all times act in good faith, in its respective dealings with the other parties under or in connection with this Agreement.
Domicilium Citandi Et Executandi
No time extension or other indulgences which the ISP, its suppliers or service providers may grant to the User shall constitute a waiver of any of the rights of the ISP, its suppliers or service providers who shall not be precluded from exercising any past or future rights against the User.
This Agreement will commence on the effective date and will endure for an indefinite period, subject to the right of either party to terminate this Agreement at any time by means of 1 (one) calendar month prior written notice to such effect to the other party.
Upon termination of this Agreement, any outstanding amounts remain payable and have to be settled within thirty (30) days of termination, subject to the conditions of 5 above.