Standard Terms and Conditions
1. Thank you for choosing Nashua Mobile (Pty) Limited to provide you with the services ("the Services") and/or products ("the Products") for the minimum initial period ("Initial Period") and other items you have requested in on the subscriber form to which these terms are attached, for the fees and charges ("Charges"). As the Subscriber, you agree that these standard terms and conditions shall apply to the provision of such Products and/or Services.
2. We will use all endeavours to make the Services available as soon as possible but, where the Services, or any part thereof, are provided directly or indirectly by a third party network or service provider, including Telkom, then such Services or your connection/access thereto may be delayed, interrupted or diminished for reasons beyond our control. You agree that we are not liable for such delay, interruption or diminution. You agree to comply with all usage restrictions and limitations applicable to such Services, or portion thereof. In the event of ourselves agreeing to assist in facilitating your application for an ADSL line through Telkom, we are not liable for any delays and/or on provision of the line from Telkom in any manner whatsoever.
3. This agreement shall commence on the date on which Nashua Mobile activates the service, such activation being at our sole discretion, and shall endure for the period as stipulated on the subscriber form ("initial period") and thereafter indefinitely until terminated by either party by giving the other party one calendar month's written notice of termination. Such notice of termination shall be effective from the first day of the next calendar month. For clarity purposes and by way of example, in the event of a subscriber, after the initial period, giving Nashua Mobile written notice of termination during a particular month (example 28th May), that notice of termination will take effect on the 1st of the following month (example 1st June) and termination will occur at any time (at Nashua Mobile's sole discretion) on the last day of the latter month (example 30 June).
4. The amount/size of memory allocation of any mailboxes that may form part of the services are dependant on the tariff/package selected by the subscriber. You agree that the size aforesaid is an allocation per calendar month (as opposed to the billing cycle indicated on the subscriber form) to the mailbox and that any unused portion of the memory allocation/size is forfeited if not used in the same calendar month of allocation. This will also be applicable to any additional memory allocation agreed to by Nashua Mobile, irrespective of when such further memory is allocated. The size allocation is per package and not per mailbox.
5. The Charges you agree to pay are those stated on the subscriber form, as may be increased from time to time in our current tariff plan. You agree that there will be no pro-rata charges in regards to subscription and hence agrees to being charged for a full month in regard hereto irrespective of the date on which the services are activated. You agree to pay to us by debit order within 14 days from the date of our invoice, free of deduction or set-off, the amounts stated in our invoice, calculated in accordance with the Charges for the Services and/or Products, including monthly access or subscription Charges, initial and reconnection Charges, migration and other Charges applicable to the Services and/or Products or any "package" or mix thereof for your use or availability. If the Services and/or our agreement with you for the Services and/or Products is terminated for whatever reason before the end of the Initial Period, you agree to pay us the sum of inter alia the monthly subscription or access Charges payable for the rest of the Initial Period.
6. In the event of any "bolt on services" (additional services) being requested by you, whether on the subscriber form or at a later stage, the supply of such bolt on services will be subject to these terms and conditions as well as additional terms (if applicable), at an additional charge to you.
7. Our monthly invoice shall be prima facie proof of the amounts owed by you for the Services and/or Products and of the other facts stated therein. You shall be responsible to advise in writing of your invoicing address as stated in the subscriber form or in such written notice that shall be your chosen domicilium citandi et executandi for all purposes under this agreement. Our address on the subscriber form shall be our chosen domicilium citandi et executandi for all purposes under this agreement. All Charges include VAT, unless stated to the contrary. The other terms of payment are stated in our current tariff plan which is available on our website: portal.nashuamobile.com or that will be made available to you upon request. You agree that the service provider's records constitute ostensible proof of your use of the Services and/or Products.
8. We will provide the Services in a professional and diligent manner and will respond to your requests for on-site maintenance and support, if applicable to the service you have requested, as soon as possible on our usual terms or as agreed in writing. Should you request any additional or different Services other than those in the subscriber form then such Services will be subject to these terms and additional agreed terms and Charges.
9. Delivery of all Products will be dependent upon stock availability and other factors. Upon delivery to you, all risk in and to the Products will pass to you. You agree to comply with the manufacturer's instructions and all licensing terms where software is supplied for use with the Products and all other use restrictions. Your sign-off of our delivery advice, timesheets or other acknowledge means that you are satisfied that we have performed the Services and/or delivered the Products and that we may charge you accordingly.
10. All of our Products supplied to you are warranted in accordance with industry norms against defective workmanship and components, but the terms of our warranty are subject to the manufacturer's and/or supplier's terms of warranty as to duration, "OTB failures", returns and handling procedures and any Charges. To the extent such warranty terms do not accompany the Product packaging then, upon request, we will provide you with specific applicable terms. The terms of such warranty will prevail over all other warranties and guarantees.
11. If we should loan any Product to you or if we are hiring the Products to you, then you bear all risk of theft, loss, damage or destruction and, subject to our terms of warranty, you will be responsible for maintenance and support of such Product, unless you contract with us to provide maintenance and support Services, that will be at an additional charge.
12. You agree that we retain all rights in and to any methodologies and all other know-how that we possessed or that are created when providing our Services.
13. You agree that, unless your losses arise from our fraudulent conduct, we will not be liable for any consequential losses of whatsoever nature and however arising. In any event, the maximum extent of our liability to you will be equal to the amount you have paid to us for the Services.
14. We may assign our rights and obligations to another service provider if we are satisfied it will continue to render the Services to you in a manner that is in keeping with our standards.
15. For certainty, these terms, including those in subscriber form, comprise the whole agreement between us and supersede and prevail over all prior agreements and arrangements between us relating to the provision of the Services and/or the Products and no other provisions shall apply unless specifically agreed to in writing by us.
16. If our authority to procure the Services for you from third party service providers is terminated for whatever reason, we may assign this agreement to a third party; alternatively, to suspend or cancel the provision of the Services or this agreement. You will not be liable for payments in respect of suspended Services in such circumstances.
17. We will use all reasonable efforts not to disclose, in any manner whatever, any of your or your customers' confidential information that may be disclosed to us during the course of providing the Services. . You may refer any disputes related to the provision of our Services and/or Products to the regulatory body having jurisdiction. You hereby authorise us to use and disclose to any police officer any information relating to the Products and/or Services supplied to you and their use.
18. You agree to comply with any notice, directive or policy that governs and/or restricts the use of the Services and/or Products that apply to all Subscribers/users of the Services (or categories thereof) and/or the Products
19. You hereby agree that this agreement or the Services is not conditional upon the continued operation or use of any Products purchased, hired or acquired from us or a third party for use in conjunction with and/or to access the Services.
20. In the event of any of the services being capped, and the subscriber exceeding the cap/limit whether agreed to be Nashua Mobile pr otherwise, the subscriber shall be liable for additional charges for the exceeded portion.
21. You agree to Nashua Mobile's acceptable use policy that is available at www.nashuaisp.co.za or upon request from you.
22. We shall be entitled to determine a credit limit applicable to you from time to time and to suspend the Services should you exceed such credit limit. However, despite such credit limit being placed on your account, you will be liable for payment if you exceed this limit, whether we have notified you of exceeding same or not.
23. Should you breach any provision hereof, then you will be liable for all legal costs on an attorney and own client scale including any collection commission incurred by us. Any payments shall be apportioned firstly to costs, then interest and then the capital amount owing.
24. You agree that an electronically scanned and stored version of this document shall constitute sufficient evidence of its content and signature by you and us.
20. If the Subscriber is a corporate entity or trust, then the signatory hereto who signs on behalf of the Subscriber ("the signatory") warrants that he is duly authorised to enter into this contract on behalf of the Subscriber and to sign the debit authorisation, if applicable, on the Subscriber's bank account. By his signature hereto the signatory hereby binds himself as surety and co-principal debtor on behalf of the Subscriber unto and in favour of us for the due and punctual fulfilment of all of the Subscriber's obligations to us arising out of this agreement including the payment of all Charges and liquidated damages. The signatory agrees that we may give time to, and otherwise enter into any arrangement with, the Subscriber without prejudice to our rights against the signatory as surety and co-principal debtor.