These General Business Terms and Conditions (hereinafter referred to as the “Conditions”) are issued within the meaning of Section 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), Sethala (Pty) Ltd, company registration number: 2012/163091/07, registered office at Pegasus Building 1, Amarand avenue, Waterkloof Glen ext 2, Pretoria, 0181, South Africa, registered in the Commercial Register (hereinafter referred to as “Sethala” and “Provider” or also “Seller”).
These CONDITIONS governs relations between Sethala and the customer in connection with the conclusion of a Service Provision Agreement, ie a contract for the provision of data transmission services and any other related data services (where the type of data, scope and method of sending, or other service characteristics are specified in within the internet presentation on sethala.co.za and/or sethala.com for each particular service), or in the provision of other services sold on sethala.co.za and/or sethala.com (hereinafter referred to as Sethala Service or “Service” and “Sethala Service Agreement” or “Provision of Sethala Services”).
The agreement for the provision of Sethala services is concluded especially in connection with the use of Sigfox IoT devices listed on sethala.co.za and/or sethala.com as a supported device. Although Sethala also supports the use of other than the supported Sigfox devices, the provider in this case is not responsible for the correct messaging functionality, device setup, and data display.
Sethala services are primarily designed to use the connectivity purchased from the provider.
Sethala services also allow 3rd party connectivity to operate, but in such a case it is not possible to ensure full functionality for technical reasons, as with a connectivity purchased from a provider.
Agreement on the Provision of Sethala Services and is also referred to as “Contract”.
By submitting the order, the Customer confirms that he has become familiar with these CONDITIONS that form an integral part of the contract between the provider and the customer.
At the same time, the Customer confirms that he had the opportunity to store these CONDITIONS in electronic form using the access device through which he connected to the provider’s website before submitting the order. By submitting an order, the customer also confirms that he / she has become acquainted with the price of the ordered services (always given for a specific service).
If further talks on the fulfilment of the obligations under the contract, it also includes the fulfilment of the obligations contained in these CONDITIONS and the Price List. However, the derogating arrangements contained in the contract take precedence over the content of these CONDITIONS for services. By signing the contract, the customer expresses his / her consent to these CONDITIONS and the Price List and confirms that he or she has become acquainted with them.
Provider is: Sethala (Pty) Ltd, company registration number: 2012/163091/07, registered office at Pegasus Building 1, Amarand avenue, Waterkloof Glen ext 2, Pretoria, 0181, South Africa, registered in the Commercial Register,
phone: +27 12 942 4020;
Legal relations between the Provider and the Customer are governed by a contract concluded between the Provider and the Customer, these CONDITIONS, the Price List and, to the extent not covered by the laws of South Africa, ie, in particular, the Civil Code On Consumer Protection. This is true even if there is an international element (even if the customer has a place of residence or residence on the territory of a state other than South Africa, etc.). Rights and obligations can be negotiated by way of derogation from the CONDITIONS for contract services. Deviate contractual arrangements take precedence over the provisions of the CONDITIONS for services.
The Provider communicates to the Customer in accordance with the law that:
2.1 The period for which the contract is concluded shall be selected by the customer from the offer on the Internet at sethala.co.za and/or sethala.com, depending on the type of service ordered. The Customer acknowledges that after the expiry of the period for which the contract is concluded, the Provider is entitled to change the price of the Service for any reason, or for example, depending on the Provider’s business strategy. Even before the expiration of the period for which the contract is concluded, the provider is also entitled to make a notification to the customer that the price of the service will change after the original contract expires. The customer can then decide whether he / she has an interest in the duration of the contractual relationship after the expiration of the original term of the contract. However, the provider is not obliged to offer the customer an extension of the duration of the contractual relationship after the original contract term expires. In the case of a contract concluded for an indefinite period, the Provider is entitled to change the price of the service at any time when the price change is governed by the terms stated in Section 3.8 of these Service Terms and Conditions.
2.2 The Service Fee (hereinafter referred to as the “Price”) can be found on the website sethala.co.za and/or sethala.com, which is always displayed for each specific service the customer can order. Prices are always stated, indicating whether the price is VAT or excluding VAT. Prices are always quoted, including any fees set by law. In connection with the provision of the service, the costs of delivery are not charged by the provider.
2.3. Since the subject of Sethala’s services is the delivery of telecommunication services and not goods, it is not possible to request withdrawal from the moment the IoT device is registered in the Sigfox and/or LoRA and/or GSM network and consumes the token assigned to that device.
2.4 The Provider does not provide any warranties or guarantees other than those arising out of legal regulations and guarantees beyond the law provided by the Provider on the basis of an explicit agreement in the contract or expressly stated in these Service Terms and Conditions. Provider is not bound by any codes of conduct in relation to the customer.
2.5 The contract is stored by the seller for 10 years from the date of its fulfilment and is accessible to the provider on the basis of a previous customer request made by telephone, e-mail or registered letter.
Order system, contract, contract change
The service is provided on the basis of a contract between the provider and the customer. Order of services is made via an electronic order at sethala.com (hereinafter referred to as “e-shop”). Ordering is possible 24 hours a day, 7 days a week (except for any e-shop disconnections).
The contract is concluded through the customer account on sethala.com.
3.1 By submitting the electronic order in the e-shop, the customer confirms that he has become acquainted with these CONDITIONS and the Price List as valid and effective at the time of placing the order and expressly agrees with them. The order created is also a proposal for the conclusion of the contract. The contract is concluded when the order is successfully placed in the customer account.
3.2 The validity of an electronic order is a statement of all data and details that are required by the internet interface of the e-shop (or customer account at sethala.com, or any other way of communication with the customer) as mandatory, namely: customer identification, e-mail address, contact address, payment method, and specification of ordered services. Some data may be pre-populated by the web interface when the customer then checks for the correctness and timeliness of the data and can correct the incorrect or outdated data.
The Provider reserves the right to verify the customer’s e-mail address (and, if applicable, the customer’s telephone number) by sending verification messages.
3.3 The web interface of the e-shop includes the provision of services, ie Sethala services offered by the provider, including in particular the name and main characteristics of the services and prices of these services. The service offer and pricing of these services remain valid for as long as they are displayed in the web of the store unless a limited bid validity is given within the web.
Before the customer confirms the order, he / she has the right to change the filled in data, ie including the specification of the ordered services and the method of payment of the price, and at the same time to check all the data that he / she stated when filling out the order.
3.4 The Provider is always entitled to ask the customer for additional confirmation of the order (for example, in writing or by telephone), especially with a view to avoiding malicious or not serious orders.
3.5 The Customer acknowledges that if the price of the services listed in the e-shop’s web interface is clearly significantly lower than the usual price of similar services at the time and place (which may include a mistake in writing, the number or error of a technical or electronic device on the part of the provider, etc.), the contract is not concluded even if the provider has confirmed to the customer the acceptance of the order if the provider does not intend to enter into a contract with such a price (even without a price) in the case of a mistaken writing, or electronic device, or other such provider-side error. The Provider reserves the right to repair such printing or other errors. The Provider will then inform the Customer of such facts. The Provider does not blame the customer for such an error.
3.6 The Provider reserves the right to set price limits for the ordered services, in which case it is not possible for the customer to make the order above the set price limit. The price limit can be determined individually in particular with respect to the customer’s payment history or other facts. The provider will inform the customer about the price limit (especially via e-mail).
3.7 The Provider is also entitled to withdraw from the Contract in the following cases (if any of the cases listed below) occurs:
(a) If he has reasonable doubt as to the identity of the customer or the customer has provided incorrect personal or identifying information or has failed to produce documents certifying the data provided by the customer or if the customer has not made the additional confirmation of the order requested by the provider.
(b) If the customer has unpaid outstanding payables from another contractual relationship with the provider or has previously had unpaid overdue liabilities vis-à-vis the provider, or the grantor has specific knowledge that the customer has overdue liabilities to other entities or if a reasonable assurance is given, that the customer is not properly fulfilled by contract obligations or that the customer is kept in available debtors’ registers as a person with overdue liabilities.
(c) In the case of a customer who has previously violated a contract concluded with the provider (or such event occurred or appeared later).
(d) Where the customer has commenced insolvency proceedings, the enforcement of the decision or enforcement of the client’s property has commenced or the customer has entered into liquidation.
(e) If the Provider is objectively unable, for technical or other reasons, to meet the Customer’s contractual obligations.
(f) The customer has abused or attempted to misuse the provider’s services.
(g) If the customer has not paid the price properly and in good time.
In case of withdrawal under the above mentioned point of these CONDITIONS, the provider undertakes to contact the customer without delay to agree on the next steps. Unless the agreement is reached, the customer is not entitled to compensation for the damage caused by the failure to provide the service originally ordered. In the event that the customer has already paid part or the full amount of the price, the amount corresponding to the unused service will be transferred back to his account or sent by postal order to the delivery address given by him.
For the reasons given in point 3.7. (a) to (g), but not only for these reasons, the Provider is also entitled to not accept or terminate the Customer’s order.
3.8 The Provider is entitled (especially with regard to the change in the entry costs but also due to other facts such as the introduction of new technologies or changes in market conditions), the concluded contracts, the CONDITIONS and the Price List to be unilaterally changed, especially the way of conclusion of the contract, in terms of service prices, payment terms, method of activation of services, but also regarding the modification of specification of services (functional, technical or other), including what is provided within each service, duration and termination of contract, liability for damage, rights and obligations of the customer; service provider or service when communicating such a change to the customer at least 1 (one) month before it becomes effective, by e-mail sent to the customer’s e-mail contact address or notification in the customer’s customer account at sethala.co.za and/or sethala.com unless the provider only provides. In the event that the customer, upon notice of the change of the contract, does not withdraw from the contract, the change shall be accepted as of the effective date of the change. In the event that the customer, upon notification of the change, enters into force, the contract terminates upon the effective date of this change by terminating the contract by the customer (when a special term of such withdrawal is agreed). The customer cannot be affected in such a way, for example due to the loss of entitlement to subsidized equipment, or in any way sanctioned. However, if the change was made due to an amendment or a decision of the administration, the right to terminate the contract does not belong to the customer.
If the customer is interested in negotiating a change in the services provided, they contact the provider through his contact details and make a proposal to change the services provided. The Provider will, on the basis of this, assess the Customer’s proposal and decide on it within 15 (fifteen) days of making this proposal. In the event that the change of the provided services is negotiated in electronic form via the customer account in the sethala.co.za and/or sethala.com (if the provider is able to change the contract through a customer account), the change of the provided services is agreed upon when the customer confirms in his customer account in the sethala.co.za and/or sethala.com ordering a change of services (which the customer will enter into the client’s customer account at sethala.co.za and/or sethala.com, which agrees with the customer’s request to change the service). In this case, it may also be required to verify the customer’s identity, eg by sending a confirmation code or otherwise. In such a way, by offering an offer to change services in the customer’s customer account at sethala.co.za and/or sethala.com, the provider may also offer the customer a change of service to the customer if he agrees with the possible submission of such offers in his customer account at sethala.co.za and/or sethala.com.
3.9 The customer has the right to request a change of service if the provider is not obliged to comply with the customer’s request to change the service. However, the customer’s right to terminate the contract under these CONDITIONS is not affected.
Provision of services
4.1 A customer using a service provider has at his / her disposal a customer account available from sethala.co.za and/or sethala.com, in which the provider can access the following in particular:
(a) an overview of the services provided to the customer,
(b) displaying individual data provided by the service provider to the customer and enabling the customer to continue working with them,
(c) the customer’s ability to make a request for a change of service,
(d) customer access to billing (but only for a limited period of time, after which the data is erased, when the customer has to deposit on his / her device before the expiration of such billing period);
(e) sending the Provider’s communications and other information related to the services provided.
The Provider is not required to provide any of the above-mentioned features in the Customer Account, unless the contract includes the Provider’s obligation to provide the above-mentioned features in the Customer Account.
4.2 The Provider is authorized to unilaterally improve the Customer Interface to access the Service.
4.3 In the event that the customer intends to use the services on a device other than the Sethala equipment sold by the Provider, he / she acknowledges that service functionality may be malfunctioning or limited due to incompatibility of the customer’s equipment with the technical, hardware or software equipment provided by the Provider provision of services. The customer is responsible for assessing the above-mentioned compatibility. In this case, the customer is also responsible for providing the service only through technical equipment (equipment) that is approved for use in South Africa and complies with applicable technical standards and regulations in force in South Africa. The Provider is not obliged to make changes, repairs or modifications to the customer’s technical equipment (equipment). The Provider is not responsible for any defects, malfunctions or malfunctions of such equipment (equipment) of the customer.
4.4 The Provider is entitled to temporarily suspend or restrict the provision of services for the following reasons:
(a) If the Customer violates the terms of the Contract in violation of the terms of the Contract in a material or substantive manner breaching other legal obligations, in particular if it fails to pay the price of its due date.
(b) If the customer provides incorrect data or no change in his or her data.
(c) In the case of misuse of the service or reasonable suspicion of misuse of the service, if there is reasonable suspicion that the customer has concluded a contract with the intention not to pay for the service.
(d) If the customer does not meet the conditions for the use of the services or is not entitled to perform the contract.
(e) In the event of technical defects or if there is a risk of occurrence of such defects and for other serious technical or operational reasons, including the inspection, modification or maintenance of technical equipment, or changes in the way the service is provided.
(f) In the event of a state of emergency, in particular natural disasters, terrorist attacks, epidemics, threats to state security, or the adoption of another measure by a competent public authority, which will result in the restriction or exclusion of service availability.
(g) In the case of planned technical shutdowns, maintenance, technical inspections, revisions, repairs on technical facilities or premises through which the service is provided or due to a power outage.
(h) In the event that the customer has not taken over, he failed to deliver letters, bills, or other documents to the last address communicated by the customer, or the customer refused to accept the documents.
(i) In other cases resulting from a law, another law or a public decision.
In the event of a disruption of service provision or a limitation of its availability under this clause 4.4 of the CONDITIONS for services, the customer is not entitled to any discount for the period when the service was interrupted or its accessibility was restricted.
4.5 The Customer does not incur any claims for damages in case of interruption of service provision or limitation of service availability or degradation of quality of service for the reasons stated in clause 4.4 of these CONDITIONS for services. The Provider is also not obliged to compensate the customer for any damage that may be caused to him as a result of a decrease in the quality of service or faulty provision of services.
4.6 The Customer undertakes to take all reasonable steps to eliminate or limit the possibility of harm to its part in connection with the use of the Services (in particular to make regular backups of user data, etc.) to the maximum extent possible. The provider will take steps to restore the availability and quality of service delivery. The Provider does not provide any warranty or warranty, except for warranties arising out of legal regulations and warranties that the Provider may provide explicitly beyond the legal framework.
4.7 When using the Service, Customer must comply with the applicable generally binding laws and instructions of the Provider.
4.8 The Provider shall not be liable in any way for the occurrence of faults, defects or malfunctions of the Service or its part in cases where such defects, defects or malfunctions occurred due to improper or unauthorized treatment by the Customer or other persons. The customer, at his or her request, will be informed of the character, scope and expected date of removal of any failure. In the case of serious or extensive malfunctions, the duration of troubleshooting may be difficult to determine when it is dependent on the particular situation and the possibilities of remedying the disorder. The Provider undertakes to notify the customer of any scheduled technical shutdowns at least 72 hours in advance by means of a notice published on sethala.co.za and/or sethala.com if the planned technical shutdowns (in particular on the basis of notifications from network operators or other information) are informed in good time or not of such notification to defend other facts.
4.9 The customer is required to protect his IoT equipment from misuse. The customer is required to protect his / her security and login data relating to the use of the services, in particular he is obliged to protect the access to the sethala.co.za and sethala.com customer account when the provider does not respond in any way to misuse of these access data. The customer is authorized to request in writing to block his customer account at sethala.com.
4.10 The Customer may not use the Services in such a way as to violate the right of the Provider, the rights of other customers or third parties in general, or could disadvantage other customers when using the Services. The customer may not use his equipment in such a way as to obtain an unjustified advantage over other customers. A major breach of customer’s obligations is, in particular, an attempt to breach the safety and continuity of service.
4.11 The Customer is obliged to immediately inform the Provider of any information that may affect the performance of the obligations under the Contract. The Customer shall, where appropriate, enable the Contractor’s employees to access the premises required to perform the subject of the Contract in order to perform the obligations under the Contract.
4.12 In the event of a change in the contact name, surname or any contact or billing information provided, the Customer shall notify the Provider of such change in writing no later than 7 (seven) days after the change occurs. The Customer is liable to the Provider for any detriment to the Provider as a result of the Customer providing false information. The Customer is also obliged to immediately notify the Provider of any facts known to him that could adversely affect the provision of services.
4.13 If the service is a data transmission via electronic communications network (and, if applicable, also the transmission of data through the electronic communications network from the IoT device to the servers of the provider from which they are further provided to the customer), then the provider provides such data transmission via networks of different operators in South Africa (unless expressly stated otherwise in each case). Signal coverage and data transmission via the electronic communications network are dependent on the individual network parameters and the amount of access points. Because the availability of data transfer is in this case dependent on the propagation of radio waves, which can be affected by a number of factors, and due to the limited possibilities of graphical display of the signal coverage map at www.sigfox.com, signal availability and connection for data transmission at all locations, even in areas shown as covered by the coverage map provided by www.sigfox.com. In the event that the signal is not available in some places, it can not be considered as a defect of the provided services and this fact does not create any rights or claims (in particular, the right to a discount or withdrawal). Before the contract is concluded, the customer is entitled to ask the provider to check the coverage of a particular location by signal, but the provider is entitled to charge for such verification.
4.14 The quality of the data transmission quality is limited by the technology used and the parameters of the IoT device through which the customer uses the services. The quality of data transmission available is influenced by a number of factors and may not always influence these factors in the capabilities of the provider or other persons, thereby guaranteeing the necessary quality of service. The factors affecting the quality of data transmission include, in particular, the weather and the nature of the environment, the level of signal coverage, the characteristics and parameters of the IoT device through which the customer uses the service.
4.15 In the case of data being transmitted over the public electronic communications network, in order to prevent capacity being exceeded or exceeded, the voice and voice services of the national and international calls to data services are preferentially provided. In the event that the connection capacity of data services is met, the connection speed of all network users is limited.
4.16 Additional network and service protection may also be introduced by the provider if the introduction of such protection is for the benefit of customers or the network.
4.17 If the use of the service is tied to obtaining public authorization, the Customer is obliged to provide these permits in good time and to ensure their validity for the entire duration of the contract.
Service activation and price and payment terms
5.1 The Customer undertakes to pay for the services provided a negotiated price. Price is set according to the Provider Price List. The current Price List is published by the provider on its website sethala.com. The Customer confirms that he / she has become acquainted with and agrees with the Price List in the version in effect at the date of conclusion of the Contract. By paying the price for the ordered service, the customer reaffirms that he has become acquainted with the wording of these CONDITIONS and the Price List.
5.2 Service charges begin to be charged from the date of activation, whereby this activation is the activation of the IoT of the device or other device through which the customer will use the services in the provider’s system. Activation is performed on a specific day based on customer request / action, when the activation date can be set by the customer on specific days in your customer account at sethala.co.za and/or sethala.com. Activation is the moment when the customer is allowed to use the service and not when the customer actually starts to use the service. If, for reasons which are not exclusively on the part of the provider, the device is not activated within 1 year of the conclusion of the contract, then the contract expires.
Deactivation of the IoT device, or other device through which the customer will use the services, is not entitled to claim otherwise than in connection with termination of the contract.
The activation of the service is subject to payment of the cost of providing the service in advance for the whole agreed duration of the service and in the case of a contract concluded for an indefinite period for the first year of service.
5.3 Single and regular payments and fees are charged by the provider to the customer in advance, prior to the provision of the service to which they relate, unless otherwise specified in the contract or these CONDITIONS. If any of the services can not be accounted for by the customer under the preceding sentence, such service will be charged at any time later. If the services were billed back, then the customer agrees that the billing period may be up to 1 year. If the payment for any payment for technical or other reasons does not occur within the set deadline, the Provider will not give the customer the right to pay such a payment.
In the case of pre-paid periodic payments, the billing period is 1 year (ie not the calendar year, but the year starting on the day on which the service is charged and another 364, or the leap year 365, calendar days) if not in the contract provided otherwise.
In the past few years (or other less billing periods, eg in the case of early termination of the contract), payments and fees are charged in proportion (for each day), unless otherwise specified in the contract or price list.
5.4 Tax document issued by the provider for the services provided, the deposit slip shall be payable at the due date stated on the tax document or on the due date. backing sheet.
5.5 The amount charged shall be deemed to have been paid at the time when the relevant amount is credited to the account of the provider’s financial institution, another payment method, with the provider accepting PayPal payment, but it is always a donor debt (payment paid to the provider, not to the customer’s headquarters or residence).
In the case of payment by a Paypal payment gateway, the payment is made (the amount paid) at the moment the customer receives the payment confirmation sent by the Paypal payment system.
5.6 The variable payment symbol is always on a specific bill. In the event that Customer’s payment is not properly marked so that the Provider can do without undue difficulty in identifying the payment, such payment will not be considered as a proper and timely payment by the customer. If the provider can identify at least what, in favour of which customer the payment is paid, the payment is counted towards the customer’s oldest debt to the provider.
5.7 The Provider is authorized to authorize a third party to recover his receivables from a customer who is in arrears with the payment of prices for services rendered or other obligations. The customer undertakes to negotiate with a person such as a provider directly.
5.8 The Customer has the right to apply in writing to the Provider the incorrectness of the charge for the service. The Customer is entitled to claim the price without undue delay, no later than 2 months from the date of delivery of the bill for the provided service, otherwise the right ceases to exist. If, due to the type of service provided, the price is not delivered, the customer is entitled to claim the claim within 2 months from the day the service is provided. The filing of the claim has no suspensive effect on the fulfilment of the obligation to pay the charged price. Should the provision of a particular service be covered by the Electronic Communications Act, The South African Telecommunication Office would, in justified cases, be entitled, at the request of the customer, to decide that the filing of the complaint has a suspensive effect. Claims must be processed without undue delay, no later than 1 month after the date of claim, unless the provider agrees with the customer for a longer period. If a complaint is required to be negotiated with a foreign operator, the complaint must be processed within 2 months from the date of the claim, unless the provider agrees with the customer for a longer period. If the Provider finds, on the basis of a claim, that the price has been charged to the detriment of the Customer, he is obliged to return the overpayment of the price within 1 month from the settlement of the claim, in the form of a reduction in the next billing and, if such a procedure is not possible, on customer’s account or on the last known customer address, unless agreed otherwise with the customer. If the customer does not agree with the complaint, in the event that the provision of the particular service would be covered by the Electronic Communications Act, The Customer may file objections to the South African Telecommunication Office within one month from the settlement of the complaint.
6.1 The Service Provider provides Customer Support by email at firstname.lastname@example.org.
6.2 The Provider will respond to Customer within fourty eight (48) hours of the request being reported on working days during the Business Hours from 07:00 to 16:00 (the stated reaction time of eight hours is always only in the working hours days in working hours and outside working days, and working hours are thus set). Besides working hours and days of rest, the provider undertakes to accept these customer requests exclusively by e-mail at email@example.com and responding to them on working days within the deadline stated above. Provider response means initiating a solution to the problem (notably in the form of identifying the causes of the problem, possibly communicating with the customer, etc.). The Parties shall provide all necessary assistance in identifying potential problems, setting up the API for forwarding data to the ISP’s servers and for transferring data from the ISPs to customers, in particular
in the form of mutual communication and cooperation in the detection of faults and the search and testing of ways to eliminate them. Any information and background material that can be provided remotely will be provided by the customer remotely so that the physical presence of the provider’s staff at the customer is not necessary.
Warranty, liability for defects, complaints
7.1 The Customer acknowledges that the Service is provided by the Provider without any express or implied warranty of any kind. The customer assumes full responsibility and all the risks associated with choosing the service to achieve the intended results, its use and the effects it achieves.
7.2 In the event that the service does not correspond to the description of the service specified in the contract or these CONDITIONS, the customer is entitled to claim the rights of the provider from the defective performance, but only the rights mentioned in clause 7.3 of these CONDITIONS. In this case, the user is required to notify the service provider of a defect, by indicating the defect or by notifying the defect, his / her name and surname / name, telephone number and e-mail, all at firstname.lastname@example.org; the seller may also make a claim in another way. The customer is obliged to do so without undue delay after he has been able to detect the defect, but not later than six months from the date of defective service. In the event of non-observance of the deadlines according to the sentence preceding the customer’s claims from the defective performance cease to exist.
7.3 If the defect can be remedied, the customer may be seeking repairs, completing what is missing or reasonable discounts on the price. If the defect cannot be removed and the service cannot be used properly, the customer may withdraw from the contract or claim reasonable discounts.
7.4 The customer does not incur any claims against the provider in particular if the service interruption or the faulty provision of the service is caused by:
(i) defects or inappropriateness of customer equipment not supplied by the provider,
(ii) defects in equipment supplied by the provider, but where the warranty period of such equipment has already expired,
(iii) Customer’s misconduct when using a device or service,
(iv) Damage or improper or unauthorized interference by the customer with equipment or services,
(v) breach of Customer’s contractual obligations or obligations arising out of the generally binding legal regulations,
(vi) disclosure or misuse of any customer access data by a third party, or
(vii) interruption or limitation of service due to force majeure.
The foregoing clauses of Section 7.4 of these CONDITIONS for Services are without prejudice to any other CONDITIONS provisions for services, contracts or legislation that exclude or limit the liability of the provider.
7.5 The customer is obliged to send a complaint to the provider of the facility with which the service is connected, unless it is obvious that the defect of the device is not covered. In the event that the customer does not send a complaint together with a complaint to the provider and the facility, it is responsible for assessing whether the defect relates to the device, the customer himself (when there may be a situation that the service itself will operate without defects, but the equipment that is services used). The provision of clause 7.5 of these CONDITIONS for services does not, however, extend the liability or guarantee for defects of IoT facilities beyond what rights are granted to the CONDITIONS customer for goods.
Consumer rights and out-of-court settlement of consumer disputes
8.1. A customer who is a consumer (ie a natural person who does not act in the course of his business or in the independent exercise of his profession) is required by the provider to provide a written confirmation of the consumer’s right to claim the defective performance is the content of the claim and what form of claim settlement it requires; and confirmation of the date and manner of processing of the claim, including a confirmation of the removal of the defect and its duration, or a written justification for the refusal of the complaint. The written form is also retained in the case of e-mail.
8.2 The Provider decides upon a consumer complaint that is a consumer immediately, in complex cases within three business days. This period does not include reasonable time for expert judgment. Complaints, including the removal of a defect, will be settled without undue delay, no later than 30 days from the date of the claim, unless the provider with the customer who agrees to the consumer decides for a longer period and if the complaint is required to be discussed with the foreign operator, within 2 months from the date of claim submission, unless the provider agrees with the customer for a longer period. The expiry of the deadlines in the preceding sentence is considered as a material breach of contract.
8.3 In the event of a consumer dispute between the supplier and the customer who is the consumer arising from a contract that can not be settled by mutual agreement, the customer who makes a claim for out-of-court settlement of such a dispute may be designated by the designated extrajudicial consumer dispute settlement body.
8.4 The consumer who is a consumer can also use the online dispute resolution platform set up by the South African Commission.
Liability for damage
9.1 The liability of the Provider for damages is excluded in the sense of the other provisions of these CONDITIONS for services. Only and only if it was not possible to proceed under the other provisions of these CONDITIONSs (and the liability of the provider would not be excluded in the particular case), the points 9.1 to 9.4 of these CONDITIONS for Services will be applied below.
9.2 The Customer and the Provider have agreed that if the Provider is liable to the customer for the damage suffered, the Provider is responsible only for the misdemeanour suffered, namely in respect of property damage only up to the amount corresponding to the agreed annual Service Price incl. VAT, ie the agreed price of the annual fee incl. VAT (otherwise, if such amount was not identifiable at the time of conclusion of the contract up to ZAR 1,000) and that the total foreseeable property damage that the customer may incur in connection with the contract and / or the use of the services is at most an amount corresponding to the agreed annual price services incl. VAT, ie the agreed price of the annual fee incl. VAT (also excluding the obligation of the provider to compensate the customer for damage that could not reasonably be foreseen at the time of conclusion). The provisions of the preceding sentence are without prejudice to any statutory or other contractual provisions that would prejudice the provider’s liability to a lesser extent if the stipulation of the preceding sentence limits the liability of the provider to the detriment but does not aim to extend it beyond the statutory framework or other contractual arrangements. Any damage caused in connection with the contract is replaced by cash.
9.3 For the avoidance of any doubt, it shall be stipulated that the Provider shall not in any way be liable for any damage caused by any person other than the Provider or the Authorized Entity, incorrect or inadequate customer attitude or due to force majeure and that the Provider is neither responsible nor injured, due to a software or data connection failure or malfunction, whether it is a software or data connection failure, or when sending IoT data to a provider’s servers, or when transferring data from the provider’s servers to the customer’s customer account. The Provider is not responsible even if the Customer’s rights are impaired as a result of the disclosure or misuse of any third party’s access data by the Customer; due to computer or similar viruses; misconduct of the customer when using the service; nor as a result of a breach of customer’s contractual obligations or obligations for the customer from generally binding legal regulations.
9.4 No claims for damages shall be made to Customer in the event of a discontinuance of service provision or a limitation of the availability of services for the reasons set forth in Section 4.4 of these Service Terms or Conditions, or in the event of a downgrade of service, or in the event of a discontinuance of service provision, maintenance of technical equipment or changes in the way the service is provided. The provider is also not obliged to compensate customers for any damage they may incur as a result of defective service.
9.5 Customer acknowledges that service use is associated with a certain risk of service outages and malfunctions, and he consciously accepts such risk when the customer undertakes to take all reasonable steps to eliminate or limit the possibility of injury to his / her own the use of the service. The customer is required to make security backups of data in accordance with the rules common to data handling in information systems. The Provider is not responsible for the loss or damage of customer data or data structures.
9.6 Customer is liable for any intentional or unintentional injury caused by the use of the provided service. The Provider is entitled to claim compensation from the customer for damages caused by the customer, including lost profits. In particular, the time spent by a provider for the removal of a defective condition arising from unauthorized or improper use of the customer’s services, damage to third parties and in particular to other customers, detriment resulting from the restriction of the availability of services or detriment caused by the technical means of the Provider, etc., is indemnified by the Provider. compensation for damages caused by non-payment of the monetary debt, even if it is covered by default interest.
Special Software Arrangements
10.1 The Provider remains the owner of any rights that the Customer has allowed to use or otherwise dispose of the Service in connection with the provision of the Service (eg software, etc.). Software that was possibly given to the customer in connection with the provision of the service was provided in a non-exclusive and non-transferable license and only for the purpose of using the service provided by the provider.
Duration of the contract
11.1 Unless otherwise agreed, the contract is concluded for a period of 1 year, with the option of extending this period for further repeat periods of one year.
11.2 The renewal of the contract will occur if, in the course of the negotiated current term of the contract, the price of the service is settled in accordance with the quantification provided by the provider for a further duration of the contract (the length of which is the same as the contract originally agreed) contracts may also occur repeatedly. I.e. eg with respect to a contract negotiated initially with a duration of 1 year, the contract would be renewed again for another 1 year immediately thereafter, even repeatedly. If the payment does not occur according to the preceding sentences, then the contract expires with the expiration of the term of its validity (however, the supplier and the customer may have the possibility to conclude a new contract subsequently). The Provider is not obliged to offer to the Customer an extension of the contract duration, but the Customer’s pre-informant has not been informed of the fact that he is not interested in extending the duration of the contract. In particular, the provider is not obliged to offer the customer an extension of the duration of the contract under the same price conditions as they were for the current term of the contract.
11.3 If the Provider offers the customer an extension of the duration of the contract, the Customer will be prompted to pay the service payment for the next period no later than 30 calendar days before the expiration of the current contract duration. If the customer does not receive such a call within 25 calendar days prior to the current contract duration, the customer (if he is interested in renewing the duration of the contract) has to ask the provider to send such a call. The ability to deliver a call to a customer account within the meaning of point 13.2 d) these CONDITIONS for services are not affected. In the event that a service price other than the one applicable to the current contract period is indicated in the call for service payment in the next period, it is a proposal to change the service price contract. By paying the amount under such a call for payment, the customer agrees to such a new service price.
11.4 The use of the Service (in the next term of the Contract) will be allowed in the event of a renewal of the Contract in accordance with Clause 11.2 of these CONDITIONSs only after the payment of the price for the Service has been established. Customer acknowledges and agrees that the delay between crediting a payment to the provider’s account and processing it by the provider’s system (and thus the delay between crediting and taking into account payment execution for the purpose of recording that the contract has been renewed) may be up to 2 business days the date on which the payment is credited to the account when the customer expressly agrees with the existence of such possible delays and such possible delay (or commencement of the use of the service only after the payment of the delayed payment has been established) does not create any claims against the provider. The aforementioned deadline applies only when the payment is properly identified by a variable symbol, and the indication of the payment is not, for other reasons, incomprehensible or unclear, otherwise the delay between crediting and making payments may be longer and such a delay will not be the responsibility of the provider .
11.5 A contractual relationship may also be terminated by the agreement of the parties, written termination, termination of the contract, termination of a legal entity without a legal successor or by any other statutory method.
11.6 The Customer is entitled to terminate the Contract without giving any reason, if the notice period is 1 (one) month and is calculated from the first day of the month following the delivery of the written notice to the other, unless agreed otherwise. In the event of termination of the contract prior to the expiration of the term to which the contract is concluded, the customer shall be entitled to claim reimbursement from the customer, the amount of which shall not be higher than one fifth of the sum of the monthly instalments remaining until the end of the agreed term of the contract; one fifth of the sum of the minimum agreed monthly performance remaining until the end of the agreed duration of the contract, and the amount of any reimbursement of the costs associated with the telecommunications terminal equipment provided to the customer under privileged conditions.
11.7 The Provider is entitled to terminate the Contract for the following reasons:
(a) Where insolvency proceedings are conducted against the customer or, in the event of a bankruptcy court’s decision, on the bankruptcy or imminent bankruptcy of the customer, the rejection of the insolvency petition for lack of customer property or the customer’s entry into liquidation.
(b) Breach of the Customer’s Obligation stipulated in the contract or in the law if the Customer has not remedied within 14 (fourteen) days of receiving the call to fulfil these obligations.
(c) If the customer presents incorrect or untrue data or no change in his or her data.
(d) A state where it is not possible for the customer to activate the service due to technical conditions.
11.8 The notice period is 1 (one) month in these cases and is counted from the day following the delivery of the notice to the customer, unless otherwise agreed.
11.9 The Customer is entitled to withdraw from the contract without further delay if the Provider is in delay with the beginning of the provision of the Service for at least 1 (one) month from the day when the provision of the service was to commence. The parties agree that the provider is entitled to withdraw from the contract in the case of:
(a) When does the provider cease to be contractually or technically fit for service provision.
(b) When the bankruptcy of the client’s property or the rejection of the insolvency petition for lack of client’s property occurs; or
(c) If the Customer substantially violates the contract.
Withdrawal from the contract is effective at the time of delivery of the notice of withdrawal to the customer. Withdrawal is effective on the date of delivery to the customer, with effect up to the date of delivery, when the contract is not disturbed from the outset. The rights and obligations of the contract executed and / or incurred until the effects of withdrawal are not affected, they are not unjust enrichment and can be claimed. The provider’s ability to make a termination in such a case under other provisions of these CONDITIONS is not affected.
11.10 The parties have also agreed that the Provider is entitled to terminate the Contract for any reason or without giving any reason, when the notice period is three (three) months in these cases and is counted from the day following the delivery of the notice to the customer, unless agreed otherwise. However, a contract concluded with a customer for a definite period of time cannot be terminated by the foregoing sentence.
11.11 In the case of services charged retrospectively (ie services where the price of the service is charged only after the service is provided, ie eg in the case of services which have been negotiated for an indefinite period and where, retroactively, after the provision of the service, customer), if the customer fails to pay within the due date stated in the invoice for the price for the services rendered, the provider shall notify him / her and set a substitute delivery period not shorter than 1 (one) week from the date of delivery of the notice. After the expiration of the substitute period, the provider may restrict the provision of the separately charged service concerned by preventing the customer from actively accessing the service. The price for demonstrable alerts will be cost-oriented. The Provider may terminate a contractual relationship with immediate effect if the Customer has consistently paid late or has consistently paid the price for services listed in the Pricing Account, following Customer’s notice. Continuous late payment means the payment of at least 2 (two) consecutive post-maturity price bills. Systematic non-payment means the existence of at least 3 (three) unpaid billing costs.
11.12 By termination of a contractual relationship, the customer is not relieved of the obligation to pay to the provider the price for the provided services and other performances provided until the termination of the contractual relationship or the liability for any damages caused by the provider. This also does not invalidate the claims of the provider for the payment of unmet claims incurred during the contractual relationship.
Security and privacy
12.1 The Provider undertakes to deal with the data that the customer will contact in order to prevent their damage, loss or misuse by the third party at the work of the Provider. However, unless the contract or these CONDITIONS explicitly provides otherwise, the provider is not required to provide data backup, data archiving, data or other data protection or other data protection services. Data may be made available to public authorities to the extent that data may be required by public authorities under the law.
13.1 The mailing address for correspondence (also referred to as the “delivery address”) is the following:
Provider: Sethala registered at the date of sending the correspondence in the Commercial Register, e-mail: email@example.com (when the Provider is entitled to change these contact details unilaterally).
Customer: The current email in your customer account at sethala.com. The report shall have effects no later than 15 days of delivery of the report.
Any correspondence made under a contract shall be deemed to have been duly delivered to the relevant Contracting Party as well:
(a) in the case of personal service, delivery by courier, from:
(aa) where the consignee actually received the consignment, or (b) where the consignee was denied receipt of the consignment;
(b) on delivery by post or shipping service on:
(ba) indicated on the delivery note returned by post as the day of receipt, or
(bb) the expiry of the deadline for taking over the consignment, even if the other Contracting Party has not learned of such consignment;
(bc) the date indicated as the date on which the consignee refused to accept the consignment.
(c) on delivery by fax or e-mail, SMS or MMS when the sender has received the full transmission of the message issued by the dispatching device, where:
(ca) if the message has been transmitted after 16:00, it is deemed to have been delivered at 9:00 on the following working day,
(cb) if the message has been transferred on a non-business day, it is deemed to have been received on the next following business day.
d) Customer’s customer account at sethala.co.za and/or sethala.com:
(da) the day the customer first logs in to his customer account at sethala.co.za and/or sethala.com after delivery of the message to the customer’s customer account at sethala.co.za and/or sethala.com;
db) the fifteenth day after delivery of the message to the customer’s customer account at sethala.co.za and/or sethala.com.
14.1 These CONDITIONS apply in the wording of the online shop located at sethala.com on the day of sending an electronic or other order to the customer, unless otherwise agreed between the participants. By sending an electronic order, the customer accepts without reservation all the provisions of these CONDITIONS in the wording valid on the day of sending the order. Conclusion of a contract in an online store located within the sethala.co.za and/or sethala.com without consent to these CONDITIONS, is not possible. The Provider excludes in advance the acceptance of an offer with an addendum or a deviation when the Provider reserves that any changes, additions or deviations must be expressly approved by the Provider. At the same time, the Provider excludes the acceptance of an offer the customer would make with reference to the business terms and conditions that would be different or complementary to the seller’s offer.
14.2 The Provider, in the sense of Section 1757 of the Civil Code, precludes that any customer confirmation sent by the customer after the conclusion of the contract has any effect on the agreed content of the already concluded contract.
14.3 The Provider shall not be liable for lost profits or direct or indirect damages or damages caused by the use of the information provided on the Website. The Provider is not responsible for any errors resulting from third-party attacks on the Website or the use of the Website contrary to their intended use.
14.4 In the case of any clause on a contractual penalty under a contract between the Provider and the Customer, the right to compensation for damages arising from the breach of the obligation to which the contractual penalty applies is also affected, even if the damage exceeds the contractual penalty. The contractual penalty is not included in the damages. The payment of the contractual penalty does not cease to be an obligation, the breach of which is sanctioned by a contractual penalty. In addition to the contractual fines, if any, specifically mentioned in these CONDITIONS (ie, except for contractual fines where the CONDITIONS is already stated in the CONDITIONS and the contractual fine), the provider insists that all other contractual penalties be negotiated in writing.
14.5 The Customer agrees that the Provider is entitled to assign any of its receivables from the Customer to a third party. A customer entrepreneur is entitled to assign any of his claims to the seller to a third party only with the prior express written consent of the provider.
14.6 Mutual disputes between the provider and the consumer are settled by the general courts. The mutual disputes between the provider and the customer by the entrepreneur are solved by the general courts of South Africa whose jurisdiction is determined by the location of the provider. In addition, in the case of disputes with an international element, regardless of whether the customer is an entrepreneur or not, the jurisdiction of the courts of South Africa is negotiated when the local jurisdiction of a competent court in South Africa.
14.7 All legal relationships of the Parties arising under a contract or in connection with the provision of services under it shall be governed by South African law, with the exception of conflict-of-law rules.
14.8 In the event of the repeal of the legislation to which these CONDITIONSs refer, the contractual relationship between the Provider and the Customer will be governed by these CONDITIONS to the extent permitted by the law that will replace the repealed legislation.
These CONDITIONS for Services are valid from 1.10.2019. The Seller reserves the right to change these CONDITIONS for goods without prior notice.