Terms and Conditions
ON-AIR HIRE-TO-OWN AGREEMENT BETWEEN: COMIT TECHNOLOGIES PROPRIETARY LIMITED AND THE CUSTOMER WHOSE NAME APPEARS IN THE SCHEDULE
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability. Please pay special attention to these clauses. By accepting delivery of the Products you, in addition to accepting all the terms of this Hire-to-Own and Subscription Agreement, also specifically signify that you understand and accept the clauses appearing in bold print
RETURNS: In the event that you do not sign this Waybill and/or Hire-to-Own and Subscription Agreement upon the Products being delivered to your nominated address and wish to return the Products to Comit, you agree to pay to Comit an administration and/or collection fee in the amount of R200.00 (two hundred rand). In the event that the packaging which is used to contain the Products is damaged or open, you agree to pay to Comit an additional amount of R200.00 (two hundred rand).
1. Entering into this Agreement.
This Agreement records the terms and conditions that will apply
to the letting by us and the hiring by you of the DSTV Product and/or Router; and/or
to the letting by us and the hiring by you of the DSTV Product and/or Router; and/or
to your acquisition from us (by way of a subscription to us), and to our supply to you, of the On Air Connect Data Bundle, whichever are applicable.
Where this Agreement arises pursuant to a telephone conversation and resultant agreement reached between you and us, then the terms agreed in the telephone conversation must be read with this Agreement (which will be deemed, together, to be this Agreement), save that where there is any conflict, then the provisions contained in this document will prevail and to the extent necessary, amend any conflicting terms of the agreement reached in the telephone conversation.
We have defined some important words which have particular meanings in the Schedule and in clause 19 of this Agreement. If there are any words or terms and conditions which you have difficulty understanding or if you otherwise have any queries or concerns, please contact us and we will assist you. If you elect not to do this, we will assume that you have no trouble in understanding this Agreement.
2. Letting and Hiring of the DSTV Product and/or Router (if applicable)
When you accept delivery of the Product, you will be confirming your offer to hire from us the DSTV Product and/or Router, on the terms and conditions recorded in this Agreement. If and when we accept your offer in terms of clause 2.2, we will let (also referred to as “lease”) the DSTV Product and/or Router to you and you will hire the DSTV Product and/or Router on the terms and conditions recorded in this Agreement.
If we accept your offer to hire the Product, we will communicate to you our acceptance of your offer, or we will deliver the DSTV Product and/or Router to you, at which point, the provisions of this Agreement will apply. We will deliver the DSTV Product and/or Router to you as soon as it is practicable, and the term of this Agreement will commence on the date of such delivery. This date of delivery will be referred to as the “Hire-to-Own Commencement Date”.
3. Period of Letting and Hiring of the DSTV Product and/or Router (if applicable)
The term of the letting by us and the hiring by you of the DSTV Product and/or Router will commence on the Hire-to-Own Commencement Date and will endure for the Hire-to-Own Contract Period, unless terminated earlier on a basis contemplated in this Agreement.
4. Subscription for the On Air Connect Data Bundle (if applicable)
When you accept delivery of the Product, you will be confirming your offer to subscribe to us for the acquisition by you of the On Air Connect Data Bundle on the terms and conditions recorded in this Agreement. If and when we accept your offer in terms of clause 4.2, we will provide to you the On Air Connect Data Bundle and you will correspondingly subscribe for it on the terms and conditions recorded in this Agreement
If we accept your offer to subscribe for the On Air Connect Data Bundle, we will communicate to you our acceptance of your offer, or we will deliver the Router to you and we will as soon as practicable thereafter cause the Data to be accessible to you via the Router, at which point, the provisions of this Agreement will apply and the term of the subscription for the On Air Connect Data Bundle will commence. This date of delivery will be referred to as the “Subscription Commencement Date”.
It is your responsibility to ensure that you have reliable transmission of cellular data (compatible with the use of the Products and On Air Connect Data Bundle) to your address in order for you to receive the Data to the Router. We are not responsible for the cellular transmission of Data to your address. This transmission is carried out by third party network operators. Prior to entering into this Agreement, you must make the necessary enquiry from such operators as to whether you will receive reliable transmission of cellular data (compatible with the use of the Products and On Air Connect Data Bundle) to your address. Inadequate cellular transmission at your nominated address will not invalidate the validity or enforceability of this Agreement or relieve you from your obligations contained herein
5. Period of Subscription for the On Air Connect Data Bundle (if applicable)
The term of the subscription for the On Air Connect Data Bundle will commence on the Subscription Commencement Date and will endure for the Subscription Contract Period, unless terminated earlier on a basis contemplated in this Agreement.
6. New Product
We may contact you at any time to offer to you a subscription and/or the letting and hiring from us of a new package, deal and/or product or an upgrade to the DSTV Product or On Air Connect Data Bundle (“New Product”). In the event that we offer to you a New Product and you accept the offer, then (unless subject to new terms and conditions), the applicable terms and conditions recorded in this Agreement will apply to the New Product, save that the subscription price or the rental which is payable by you in respect of the New Product will be the amount which is agreed to at the time that we make the offer to you (and you accept it) and which may thereafter be recorded in the waybill which is delivered to you with the New Product. In the event that you let and hire a New Product from us, then this Agreement will be read such that any reference to “Products” will be a reference to such New Product.
7. Delivery
We will deliver the Products to you at the address in South Africa nominated by you during the telephone conversation or in writing, whichever is applicable.
We will pay the cost of delivering the Products to your nominated address and we will choose the method of delivery.
Delivery of the Products will be completed when they reach your nominated address and once you have signed the waybill and/or delivery receipt provided. Third party acceptance of the Products is not permitted.
By accepting delivery of the Products (clause 7.3) you acknowledge that the Products have been inspected and you will be deemed to be satisfied that the Products are in good order and repair and are fit for the purpose for which they have been let and hired
When the DSTV Product, if applicable, has been delivered to you and unless otherwise agree in writing, we will cause the DSTV Product to be installed for you at your nominated address.
Unless otherwise specified, the installation of the DSTV Product will not include the installation of any satellite dish or any other device or cable required to receive any services provided by Multichoice or any other Broadcaster and does not include the costs of any subscription required to be paid by you to receive any content provided by Multichoice or any other Broadcaster.
When the Router, if applicable, has been delivered to you and unless otherwise agreed in writing, you must cause the Router to be set up and plugged in to a power source at your nominated address. We will cause the Data to be accessible via the Router as soon as is practicable. This may take between a few hours and a few days but should not take longer than 5 days.
If you experience any difficulty with the operation of the Products, you may contact us for support via our Website or contact Comit on 0861 277 73
Our obligations to you are limited to and will be discharged by the delivery to you of the Products, the installation of the DSTV Product at your nominated address (if applicable), the allocation of the Data (if applicable) and the facilitation of warranty claims under clause 12. You will be responsible to provide power and infrastructure for the operation of the Products and to contract with Multichoice, or any other applicable Broadcaster or transmitter. You are reminded that we will supply the Data, and you will be required to ensure that there is reliable transmission of cellular data (compatible with the use of the Products and On Air Connect Data Bundle) at your address.
8. Rental for the DSTV Product & Subscription Price for the On Air Connect Data Bundle
The rental payable by you to us each month and/or the subscription price payable by you to us each month is the amount recorded in the Schedule.
The rental and/or the subscription price (and any other amounts due by you in terms of this Agreement) will be paid by you to us:
monthly in arrears; and
by way of a monthly debit order payable on the date of the month which you elect by way of the telephone conversation which gave rise to this Agreement (where applicable), or in the absence thereof, by way of written instruction (subject to our reasonable approval thereof) and subject to the provisions of clause 8.3.
If the date of your debit order falls on a weekend or public holiday, your debit order will be deducted 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 when sufficient funds are available in your account.
The debit order referred to herein cannot be cancelled without our prior written consen
9. Ownership and risk
Notwithstanding the delivery of the DSTV Product to you, we will retain ownership of the DSTV Product until all amounts due by you to us (as specified in the Schedule) have been paid in full for an uninterrupted period of 24 months from the Hire-to-Own Commencement Date
Upon the expiry of the 24 month period referred to in clause 9.1, provided that all amounts due by you to us have been paid in full, ownership of the DSTV Product will be transferred to you automatically and we will be deemed to have delivered the DSTV Product to you by virtue of the fact of having delivered it to you in terms of clause 7.
Notwithstanding the delivery of the Router to you, we will retain ownership of the Router until all amounts due by you to us have been paid in full for an uninterrupted period of 24 months from the Subscription Commencement Date, after which ownership will be transferred to you in accordance with the provisions of clause 9.4.
Upon the expiry of the 24-month period referred to in clause 9.3, provided that all amounts due by you to us have been paid in full, ownership of the Router will be transferred to you automatically. We will be deemed to have delivered the Router to you by virtue of the fact that it was delivered to you in accordance with the provisions of clause 7. The transfer of ownership of the Router to you does not affect the continuation of this Agreement, and your subscription will continue thereafter at the subscription price until terminated by you or by us as provided for in this Agreement.
Risk in the Products will vest in you from the date upon which the Products are delivered to you in terms of clause 7, even though we will continue to own the Products until the transfer of ownership to you as contemplated in clause 9.2 and/or clause 9.4, whichever are applicable
10. Failure to pay.
If you do not timeously pay any amount due by you to us in terms of this Agreement, we will have the right:
to cancel this Agreement and/or recover possession from you of the Products and/or to claim outstanding amounts and legal fees; or
in our discretion, to allow you to maintain possession of the Products, and immediately claim from you as agreed pre-calculated and pre-estimated damages, an amount equal to the market value at retail level of the Products (or, at our discretion, equivalent products), divided by 24 and multiplied by the remaining number of months left in the Hire-to-Own Contract Period and/or Subscription Contract Period, whichever are applicable, after payment of which, you will be entitled to own the Products in accordance with the provisions contemplated in clause 9.2 and/or clause 9.4, whichever are applicable .
11. Breach
In the event that you breach any provision of this Agreement and remain in breach after 3 Business Days’ notice to remedy the breach, then, in addition to any rights set forth in clause 10, 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.
12. Warranty and Tech Support Service
For a period of 12 months from the Hire-to-Own Commencement Date and/or Subscription Commencement Date, whichever are applicable, provided that the Products are utilised and properly looked after as one would expect in relation to an electronic device, and in any event, as the manufacturer of the Products would recommend from time to time (and subject to the provisions of this Agreement), we will facilitate and assist you in executing any warranty provided by the manufacturer of the Products. This does not cover any battery, card, consumable or accessory associated or used by or for the Product. This warranty will not cover 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, dropping, shaking or the affixing, attaching or embedding of the Products with any other item or device.
We also warrant that for so long as you have reliable cellular coverage (compatible with the use of the Products and On Air Connect Data Bundle) at your address, we will provide the Data to the Router.
Save for the warranties given in clauses 12.1 and 12.2, no other warranties are given by us.
Tech Support Services will be provided to you during the Hire-to-Own Contract Period and/or Subscription Contract Period. The monthly fee payable for the Tech Support Services will be R105 (one hundred and five rand) per month. After the expiry of the Hire-to-Own Contract Period and/or Subscription Contract Period, we will, unless you decline such services, continue to provide to you the Tech Support Services. You agree to the debit order of R105 (one hundred and five rand) per month being deducted in terms of 8.2 above after expiry of the Hire-to-Own Contract Period and/or Subscription Contract Period
You may cancel the Tech Support Services at any time after the Hire-to-Own Contract Period and/or Subscription Contract Period, whichever are applicable.
At the conclusion of the Hire-to-Own Contract Period, Embedded VAS will continue on a month-to-month basis and a separate VAS Subscription Fee will be payable by you on the Tariff Price specified above (in cases where the Tariff Price is not listed, the Tariff Price will be communicated to you in the OnAir VAS Subscription Agreement). Should you not wish for the Embedded VAS to continue on a separate OnAir VAS Subscription Agreement, you are required to provide notice to us in terms of Clause 17.1 of the Terms and Conditions.
13. Information and disclosure
In entering into the Agreement, we and/or our principal (together being "we" for the purposes of this clause) will come into possession of information pertaining to you. Insofar as it is permissible in law and subject to the provisions of the Protection of Personal Information Act No. 4 of 2013 ("POPIA"), we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
To the extent that the information contemplated in clause 13.1 constitutes personal information and/or special personal information (as defined in POPIA) ("Personal Information") you consent and agree that:
we may collect that Personal Information from you and where necessary from any other source for the purpose of us leasing the Product to you, conducting and furthering our business interests in general, and including, without limitation, for the purpose of executing any rights and obligations that we may have in relation to you or any matter in respect of which you and/or your Personal Information applies, and for the maintenance of reasonable, accurate and complete historical record keeping (“Purpose”);
the Purpose is fair and legitimate, so that we can comply with POPIA and contract with you and manage the concomitant relationship and other matters arising from it;
we may use and/or disclose Personal Information to any person (in any geographic area) that we, acting reasonably, deem desirable for the Purpose;
we may retain Personal Information in any form, for as long as we in our sole discretion deem desirable for the Purpose; and
in terms of section 18(4) of POPIA, you do not require us to comply with all of the provisions of section 18(1) of POPIA.
For further information on how we use, process and store your Personal Information, we refer you to our Privacy Statement on the Website.
You warrant that all information supplied by you 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 in writing immediately.
14. Communications
You agree that we may communicate with you relating to, amongst other things, the Products, New Products, information about your statement, and other services and products (whether from us or other third parties) which we think may be of interest to you.
15. Exclusions
To the extent permitted by law, we exclude and you waive all liability to you and anyone else for any installation, non-installation, incorrect installation, 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 and/or from your use of the Products and Data
16. 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 (and where applicable, install) the Products and to transmit the Data via cellular networks. You agree not to hold us or 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
17. Termination
You may, by providing 20 Business Days’ written notice to us, terminate this Agreement for any reason.
In the event that you terminate this Agreement prior to the expiry of the Hire-to-Own Contract Period and/or Subscription Contract Period, whichever are applicable, in the manner contemplated in clause 17.1, you will be required to pay a reasonable cancellation fee determined as at the time in accordance with prevailing law and unless otherwise agreed in writing by us, you will be required to deliver the Products to us at the address specified by us from time to time and/or recorded on our Website.
In the event that you become provisionally sequestrated or a liquidator or a 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, we will have the right:
to cancel this Agreement and/or recover possession from you of the Products and to claim outstanding amounts and legal fees; or
in our discretion, to allow you to maintain possession of the Products, and immediately claim from you as agreed pre-calculated and pre-estimated damages, an amount equal to the market value at retail level of the Products (or, at our discretion, equivalent products), divided by 24 and multiplied by the remaining number of months left in the Hire-to-Own Contract Period and/or Subscription Contract Period, whichever are applicable, after payment of which, you will be entitled to own the Products, in accordance with the provisions contemplated in clause 9.2 and/or clause 9.4, whichever are applicable.
18. General
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 Africa.
You choose the delivery address in clause 7.1 as the address at which 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, and we also consent to the non-exclusive jurisdiction of the Magistrates Court.
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 all of the amounts due by you to us in terms of the Agreement in full and you have become the owner of the Products, you cannot transfer the Products 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 in terms of this Agreement at any time to any person without your consent.
If we have concluded this Agreement with you through direct marketing you may terminate the Agreement, in writing, within 5 Business Days’ after the Hire-to-Own Commencement Date or Subscription Commencement Date, whichever is applicable. In the event that you choose to terminate this Agreement as contemplated in this clause, the Products must be returned to us at the address specified by us from time to time on our Website together with all original packaging.
We may, and you agree that we may, enter into this Agreement with you as agent on behalf of a principal. To the extent that we enter into this Agreement with you as agent on behalf of a principal and the identity of that principal is not disclosed to you, then in that event, you agree that where the principal so elects at any time, you will exercise any rights afforded to you and discharge any obligations imposed upon you in terms of this Agreement as if this Agreement had been entered into by us as principal and not as agent, and you will not have and/or you waive any claim, right or entitlement that you have or may have in relation to the disclosed or undisclosed principal.
19. Definitions
“this Agreement” or “the Agreement” means this agreement, as entered into by you in terms of your acceptance of the delivery of the Product in terms of clause 2 above;
“Broadcaster” means any organisation that transmits a programme or information by radio or television, and any online provider of entertainment that delivers content via an internet connection to any streaming device;
“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;
“Data” means a monthly allocation of digital data which will be loaded to the product at a rate per month recorded in the Schedule, to a maximum accumulated balance of 30 gigabytes at any one time;
“DSTV Product” means any one or more, as the context requires, of a DSTV decoder, DSTV PVR decoder, DSTV Streama device, DSTV Wifi Extenders and/or any paraphernalia which you hire from us and which are recorded in the Schedule;
“Hire-to-Own Contract Period” means the term of letting and hiring of the DSTV Product or Router recorded in the Schedule;
“MultiChoice” means MultiChoice Africa (Pty) Ltd its affiliates, subsidiaries or its successors-in-title
“On Air Connect Data Bundle” means the Router and the Data;
“Products” means the DSTV Product and the Router;
“Router” means a domestic wifi router capable of receiving cellular data to your household, and dispensing that cellular data within your household, but within a radius of 5 metres (provided that radius is not interrupted by any wall or other solid barrier);
“the Schedule” means the schedule to this Agreement, the waybill and/or any other document which may be used by us from time to time to record your name and details and the other details applicable to this Agreement, which schedule, waybill or other document will form an integral part of this Agreement;
“Subscription Contract Period” means the term of the subscription for the On Air Connect Data Bundle recorded in the Schedule;
“Tech Support Services” means technical support services in respect of the Products, which will be made available to you by telephone at 0861 000 687 and by email at support@rescuebox.co.za;
“we”, “us” and “our” means Comit Technologies (Proprietary) Limited trading as OnAir, its affiliates, subsidiaries or its successors-in-title
“Website” means the On Air website at www.onairtv.co.za, which applies to us and through which you can contact us; and
“you” and/or “your” means you the person who hires the DSTV Product and/or subscribes for the On Air Connect Data Bundle, whichever are applicable, and whose name appears in the Schedule.
.png){kind=small}
.png){kind=small}