TERMS AND CONDITIONS
Updated: September 2023
CAREFULLY READ OUR TERMS AND CONDITIONS BEFORE BROWSING OUR WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. The content of the pages of this website was created for marketing purposes and should be used as general information. MPU Communications (“MPU Comms”) reserves the right to change, modify, add or remove portions or the whole of the terms of use from time to time without notice.
Terms of Use:
- The website contains material which is owned by or licensed by MPU Comms.
- Under no circumstances shall MPU Comms be liable for any direct or indirect special, consequential or other damage of any kind whatsoever caused by your reliance on any information obtained through this website. It is your responsibility to independently evaluate the information, advice or other content found on this website.
Privacy Policy:
- MPU Comms is committed to ensuring that your privacy is protected and secure. In order to prevent unauthorised access or disclosure we have put in place suitable procedures to safeguard and secure the information we collect online.
- Customer information is only used for purposes of completion of an order. The information shall not be shared with outside parties except to the extent necessary to complete that order, for example where a credit facility is applied for by a customer. MPU Comms will however not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make through this website, or that you expressly or implicitly authorize or for any errors or any changes made to any transmitted information.
- You undertake not to post to or send via this website any materials that are or could reasonably be construed as (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
Quotations, Cooling Off Rights:
- We have the right to withdraw any quotation after 7 (seven) days.
- You have a cooling off period of 7 (seven) days, when you may withdraw from the agreement without liability (Section 44 of the Electronic Communications and Transactions Act, No.25 of 2002 (ECT Act).
- Delivery and performance times quoted are estimates and are not binding on MPU Communications.
- All variations to the original quotation accepted by the Customer must be verified with MPU Communications and only on receipt in writing from MPU Communications will this be accepted as legal and binding.
- Prices are based on hardware, software, licenses, labour and material costs as at the date of the quotation, if any of these costs are afterwards increased, for any reason whatsoever, beyond MPU Communication’s control or arising in the ordinary course of its business, then the purchase price shall be increased by the excess or if the excess cannot be determined exactly, by a reasonable allowance for it.
Copyright:
- All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of MPU Comms or its content suppliers and protected by South African and international copyright laws.
Liability Disclaimer:
- The information, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. MPU Comms makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site. Without limiting the generality of the aforementioned:
- MPU Comms does not warrant that this website, will be error-free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
- Whilst MPU Comms has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
Interruption of Services:
- Services may be interrupted owing to circumstances beyond our control (including for example loss of service from our suppliers, lightning, fire or natural events). We will not be responsible for any losses that may occur because of such interruptions (this is highlighted because we are required to bring this to your specific notice in terms of Section 49 of the CPA).
No Interference:
- You undertake not to interfere with or attempt to fix any item of equipment that is used by us to provide the services to you. If you do so this may cause further failure and inconvenience. We do not accept any responsibility for any losses suffered for this reason.
Privacy, Intellectual Property:
- You undertake to recognize and honour all intellectual property rights (this means copyright, trade secrets and confidential information), whoever they belong to.
Violation and Waiver:
- Should you violate these Terms and Conditions or any other rights of MPU Comms, MPU Comms reserves the right to pursue any and all legal and equitable remedies against you. If MPU Comms should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
- You undertake not to post to or send via this website any materials that are or could reasonably be construed as (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
- You waive (this means agree not to pursue) any claim that you otherwise might have had against us or our employees, members or directors arising from the installation and use of the equipment and the services unless this arises from our gross negligence.
Suspension or Cancellation of Services:
- We may suspend your services (temporary) or cancel the agreement (permanent), without any prior notice to you, as a result of the following:
a) if any payment is not received by the date agreed upon (monthly);
b) if any other amount is not paid on the due date;
c) if you show a repeated disregard for payment or the contract terms;
d) if you cause any breach of security or fail to report any breach of security;
e) if you abuse or exploit the system;
f) if any information that you supply proves to be false;
g) if we think (on reasonable grounds) that continued use of the services may result in the commission of a crime;
h) if you resell any products or services without first obtaining our written consent; or
i) if you commit a serious breach of the agreement. - Upon termination of the agreement, MPU Comms shall be entitled to retrieve all or any equipment installed by MPU Comms or its partners at the Customer’s premises.
- Notwithstanding termination of the agreement, should the customer continue to utilize the services and products of MPU Comms, the Customer will remain liable for all amounts which would have been due to MPU Comms and the agreement shall be deemed to continue until all amounts due to MPU Comms are paid.
Restrictions on Sub-leasing & Reselling:
- The Customer in entering into this agreement undertakes that it will not assign, resell, sub-lease or in any other way transfer the MPU Comms connection. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by MPU Comms, in which event The Customer will be liable for a termination fee amounting to the balance of the agreement fee, with immediate effect.
Legal Remedies:
- In the event of MPU Comms instructing its attorneys to enforce the agreement for whatever reason then the customer shall be liable for and pay all legal costs (“on an attorney and Customer basis”) incurred by MPU Comms including collection commissions, tracing fees, disbursements and other fees incurred as a result thereof.
