Terms & Conditions
Entering into this Agreement.
- This Agreement records the terms and conditions of the sale of the Product to you. We have defined some of the words which have particular meanings in clause of this Agreement.
- Please ask our representative to explain to you any clauses or definitions you do not understand. If you elect not to do this, we will assume that you have no trouble in understanding this Agreement.
Purchase and sale.
When you sign this Agreement, you will be confirming your offer to purchase the Product on the terms and conditions of this Agreement. If and when we accept your request, we will deliver the Product to you. Our acceptance in this way will result in a binding agreement of purchase and sale.
Purchase price and monthly payments.
- The purchase price payable by you for the product is the amount set forth in your Agreement.
- You shall pay all amounts due under this Agreement by way of a monthly debit order, which debit order cannot be cancelled without our prior written consent. Your debit order will go off on the date nominated by you each month. If the date of your debit order falls on a weekend or public holiday, your debit order will go off on the last business day before the weekend or public holiday. If there are insufficient funds in your bank account to meet the amount due, you hereby authorise us to track your bank account and re-present the debit order instruction for payment as soon as sufficient funds are available in your account.
- Our obligations to you are limited to the delivery to you of the Product and the facilitation of warranty claims under clause and accordingly you will be liable to pay the amounts stated in this Agreement even if you cease to enjoy the services supplied to the Product by MultiChoice, or any other broadcaster.
- Your debit order date will be aligned with your salary date to account for seasonal or economic changes.
- Ownership and risk.
- We retain ownership of the Product until it has been paid for in full.
- Risk in the Product will vest in you from the date upon which you receive the Product from us.
Failure to pay.
- If you do not timeously pay any amount due by you, then the entire purchase price outstanding will immediately become due owing and payable.
In the event that you breach a provision of this Agreement and remain in breach after days’ notice to remedy the breach, then, in addition to the right in clause , we have the right to:
- enforce this Agreement; and/or
- terminate this Agreement; and in either case
- claim from you damages which we suffer.
- In the event that we must launch legal proceedings against you as a result of your breach, you will be liable for the charges including tracing agent fees and legal fees on an attorney and client scale.
- Save for the warranty given in clause ., no other warranties are given.
- For a period of months from the date of purchase, provided that the Product is utilised and looked after as required by the manufacturers’ recommendations (and subject to the provisions of this Agreement), we will for that period facilitate any warranty provided by the manufacturer of the Product which you purchase from us. This does not cover the battery or accessories. This warranty will not be valid in the case of water damage (including damage due to humidity or perspiration), ordinary wear and tear and damage resulting from your negligence and/or abuse including, but not limited to, the affixing, attaching or embedding with any other item.
Information and disclosure.
- In entering into this Agreement with you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
- You warrant and guarantee that all information supplied to us is true and correct.
- Should your address, or any other information which you have given to us, change you must inform us of the change immediately.
- You agree that we may send you communications, relating to amongst other things, information about your statement, and other services and products.
- To the extent permitted by law, we exclude and you waive all liability to you and anyone else for any direct, indirect or consequential loss, costs, expenses or damage, whether in common law, in terms of statute or otherwise arising directly or indirectly from this Agreement.
Indemnity and waiver.
- You indemnify us against any loss or damage which any person (including ourselves) may suffer arising directly or indirectly from you breaching your obligations under this Agreement.
- We rely on third party providers to supply and deliver the Product. You agree not to hold any of our third party providers (to the extent permitted by law) liable for damages, losses, costs or expenses, whether direct, indirect or consequential arising from or in connection with any act, omission, neglect or default of a third party provider, or us where this is a result of the third party provider’s action or omission, neglect or default.
- You may, by providing Business Days’ written notice, accelerate the payment of amounts owing by you to us and in that case, once you have paid to us all amounts owing, the Product will become owned by you.
- In the event that you become provisionally sequestrated or a liquidator or receiver or any other administrator is appointed to your business or assets, or an application for this is made, or if you enter into any arrangement or composition with your creditors including any act of insolvency as this term is defined in South African law, or if a resolution is passed to wind up your business, the whole outstanding balance of the purchase price will become due owing and payable.
- Any concession or extra time we allow you doesn’t affect our rights under this Agreement.
- You agree that this Agreement will be interpreted and governed according to the laws of South
- You choose the personal address for yourself set forth on page of this Agreement where you will accept service of all notices and court process from us.
- You consent to the non-exclusive jurisdiction of the Magistrates Court in the event that we must launch legal proceedings against you.
- Notwithstanding anything to the contrary, a written notice send to you will be adequate written notice.
- You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
- You release us and each of our officers, agents and advisors from all claims, actions, and demands of any kind (including carelessness) arising from our relationship in terms of this Agreement and from discussions leading to it.
- If any term of this Agreement is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
- Until you have paid for it in full, you cannot transfer your Product to anyone else without our consent. Nor may you, transfer, cede or assign any of your rights and responsibilities under this Agreement. We can transfer, cede or assign any of our rights and obligations at any time.
- If we have concluded this Agreement with you through direct marketing you may terminate the Agreement, in writing, within Business Days’ after the later of the date on which the Agreement was concluded or on which the Product was delivered to you. In the event that you choose to terminate this Agreement as contemplated in this clause, the Product must be returned to the address as specified from time to time on our Website.
- "this Agreement" means this agreement, once signed by you and accepted by us, the acceptance being in a manner which we deem appropriate from time to time;
- "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
- "Contract Period" means the contract period which we agree to and as set forth on the first page of this Agreement.
- "MultiChoice" means MultiChoice Africa (Pty) Ltd its affiliates, subsidiaries or its successors-in-title;
- "Product" means any one or more, as the context requires, of a DSTV decoder; DSTV PVR decoder;
- DSTV Wifi Extenders and/or any paraphernalia which you purchase from us and as set forth on the first page of this Agreement;
- "we", "us" and "our" means Comit Technologies (Proprietary) Limited trading as OnAir, its affiliates, subsidiaries or its successors-in-title; "Website" means www.ignition.co.za; and
- "you" and/or "your" means you the customer who applies for and receives our Product.