Subscription Price Freeze
for 24 Months.
Aerial & Satellite Excellence c.c
Shop 1, 6 High Road,
Entrance North Road,
Eastleigh,
Edenvale.
Shop 1,
6 High Rd,
Entrance North Rd,
Eastleigh,
Edenvale.
Shop 22A, WaterGlen
Shopping Centre,
Garsfontein Road,
Menlyn, Pretoria East.
P : 0861 833 833
E : info@aerialexcellence.co.za
W : www.aerialexcellence.co.za
Terms & Conditions • Privacy Policy
© Copyright
Aerial & Satellite Excellence.
All Rights Reserved.
Designed & Managed by Nate Park.
© Copyright • Aerial & Satellite Excellence • All Rights Reserved.
Designed & Managed by Nate Park.
© Copyright • Aerial & Satellite Excellence. • All Rights Reserved. • Designed & Managed by Nate Park.
MEMORANDUM OF AGREEMENT Between the Customer and Aerial & Satellite Excellence (ASE)
1. Appointment
1.1 The Customer appoints ASE to provide services as specified in the ASE Job Card and ASE’s standard terms and conditions. ASE provides services under agreements it has with DStv and other third parties, as well as directly to other Customers.
1.2 The Customer acknowledges that if the work is performed as part of ASE’s agreement with DStv, the scope of the work is limited to that which is defined in the agreement between ASE and DStv. For Customers without a contract with DStv, ASE’s scope of work will be determined by the specific Job Card and Customer request.
1.3 ASE will render services as per the agreement with DStv or other third-party service providers where applicable, and as outlined in the ASE Job Card, or as otherwise agreed upon with the Customer.
1.4 The Customer’s obligations commence upon ASE’s acceptance of the booking or instruction issued by the Customer or its service provider.
2. Scope of Work
2.1 DStv Contracted Customers: ASE’s services for DStv contracted customers are limited to the scope defined in their agreement between DStv and themselves. Any work requested by the Customer that exceeds the scope of the DStv contract will be treated as extra work and will incur charges on a C.O.D. basis. These additional services are not covered by the DStv contract and are the sole financial responsibility of the Customer to be paid on site.
2.2 Non-DStv Contracted Customers: For Customers who do not have a contract with DStv, the services provided by ASE will be determined based on the specific agreement between ASE and the Customer, as detailed in the ASE Job Card. The Customer will be billed for these services on a C.O.D. basis, and any extra work requested outside this scope will incur additional charges.
2.3 Extra Work for All Customers: Any additional services beyond the scope of ASE’s obligations, whether related to DStv or independent, will be deemed extra work and will be subject to C.O.D. payment. ASE reserves the right to require written approval from the Customer before performing any extra work. ASE also reserves the right to refuse any extra work that falls outside its scope of work as defined in the respective agreements, unless mutually agreed upon in writing.
3. Customer Acceptance
3.1 The Customer acknowledges that ASE’s work is performed under the scope of the agreement between ASE and DStv or any other third party (if applicable) or based on a direct agreement between ASE and the Customer.
3.2 The Customer accepts responsibility for any extra work that falls outside the scope of ASE’s agreement with DStv or any other third party (if applicable) or the direct agreement with ASE. All such extra work will be charged on a C.O.D. basis, payable immediately upon completion and before the technician leaves the site.
3.3 The Customer agrees that ASE’s services are based on the specifics of the ASE Job Card, and that any work requested that falls outside this scope is considered extra work and is the Customer’s responsibility financially.
4. Ownership
4.1 Equipment remains the property of ASE until full payment is received.
4.2 The Customer shall not use, sell, pledge, lease, alienate, or relocate the equipment without ASE’s written consent.
4.3 Upon termination due to breach, the Customer must return the equipment in good working condition.
4.4 The Customer is liable for any damage to equipment, and repairs may only be carried out by ASE-approved agents during the warranty period.
4.5 ASE may cancel the contract and reclaim unpaid equipment without notice if the Customer defaults under the terms of this agreement.
4.6 Non-payment Clause: In the event of non-payment after 10 business days, ASE may immediately repossess any equipment installed, without further notice, and the Customer will be liable for the full outstanding balance, including any collection and legal fees.
5. Customer Obligations
5.1 Use the equipment only for its intended purpose and avoid tampering.
5.2 Keep the equipment at the original installation address unless otherwise authorized in writing by ASE.
5.3 Notify ASE immediately of any legal attachment or execution affecting the premises housing ASE equipment if any amount is outstanding.
5.4 Allow ASE access to the premises to inspect, maintain, or remove equipment upon termination due to breach.
6. Warranty
6.1 ASE provides a 3-month labour warranty from the installation date on its work/labour performed.
6.2 This warranty excludes the cost of any additional materials or labour needed to fulfil its warranty.
6.3 Replacement materials are covered only for the remaining warranty period.
6.4 Damage from lightning or power surges is excluded from the warranty.
6.5 ASE is not liable for damage in lightning belt areas.
6.6 Warranty is void if the system is tampered with by anyone other than an ASE employee acting under ASE instructions.
6.7 Manufacturer warranties apply to electronic equipment; related costs are the Customer’s responsibility.
6.8 ASE may charge standard call-out fees for collecting, delivering, or reinstalling equipment.
6.9 ASE is not responsible for theft, damage, fire, or loss of the Customer’s property or premises.
6.10 ASE is not liable for degradation of the system due to natural causes, load shedding, or electrical spikes.
6.11 ASE is not responsible for ensuring compliance with by-laws, general terms and conditions, or municipal regulations.
7. Breach by Customer
7.1 A breach occurs if the Customer:
Fails to pay on time;
Fails to comply with agreement terms;
Becomes insolvent, dies, or surrenders their estate;
Has an unsatisfied judgment for over 7 days or loses a rescission application;
Is sequestrated or liquidated;
Abandons the equipment;
Compromises with creditors;
Provides false information in connection with this agreement;
Prejudices ASE’s rights;
Permits legal seizure of equipment. Applies for aid under the Agricultural Credit Act.
7.2 On breach, ASE may:
Demand immediate payment of all outstanding or future amounts;
Cancel the agreement and repossess equipment;
Retain all payments made and claim liquidated damages;
Claim the difference between full balance and value of equipment.
7.3 Equipment value will be determined by an ASE-appointed appraiser, and the Customer bears the cost.
7.4 The full outstanding balance includes all costs incurred by ASE, including legal fees and collection charges.
8. Cession
8.1 The Customer may not cede rights or delegate obligations without ASE’s written consent.
8.2 ASE may cede rights or transfer equipment ownership without prior notice.
8.3 Upon notification of cession, the Customer agrees to hold the equipment on behalf of the cessionary or transferee.
8.4 Unauthorized Cession: Any unauthorized cession by the Customer will result in immediate payment due and automatic cancellation of this agreement.
9. General Terms
9.1 The Customer may not withhold payment due to equipment defects unless ASE fails to fix issues within 60 days during the warranty.
9.2 If ASE cancels and the Customer disputes, payments must still be made into ASE’s attorney’s trust account.
9.3 ASE’s nominated accountant’s certificate of amount owed is final and binding.
9.4 ASE’s indulgence or extension of time does not waive any rights.
9.5 This document is the full agreement; no verbal promises are binding unless written and signed by ASE.
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9.6 ASE is not liable for any damages, and the Customer indemnifies ASE against third-party claims.
9.7 ASE may allocate payments at its discretion.
9.8 Overdue amounts will accrue interest at the maximum legal rate under the Usury Act or applicable law, and partial payments may be required
during a dispute.
9.9 Quotations only valid for 24 hours unless stated otherwise.
9.10 The Customer agrees that the work performed by ASE is based on the scope of the agreement between ASE and DStv (if applicable), or the direct
agreement between ASE and the Customer. If the Customer requests work that falls outside the scope of the agreement with DStv (if applicable), or
outside the direct agreement, such work will be considered extra work and will be charged on a C.O.D. basis.
9.11 ASE may, at its sole discretion, elect not to perform any work that falls outside the scope of the agreement between ASE and DStv (if applicable),
or the direct agreement with the Customer. In these instances, the Customer acknowledges that ASE is not required to provide such services unless
there is a written agreement specifying the terms and associated costs.
10. Payment Terms
10.1 All work performed by ASE under the terms of this Agreement is strictly based on the scope of the work defined in the agreement between ASE
and DStv, or any other 3rd party (if applicable), and is subject to payment on a C.O.D. basis.
10.2 For any work performed beyond the scope of the agreement with DStv, or any other 3rd party (if applicable), the Customer shall be liable for the
full costs of such services, which must be paid COD and directly to ASE, in addition to any applicable charges and fees.
10.3 ASE may remove any equipment installed without making good if full payment for services is not made as agreed upon by the Customer after
completion of work as per ASE scope of work and before the technician leaves the site.
11. Liability for Injuries, Equipment, and Tools
11.1 ASE will not be liable for injuries resulting from faulty workmanship unless due to ASE’s gross negligence or wilful mis conduct. ASE’s liability will be
limited to the cost of repairing faulty work and as covered by its insurance.
11.2 ASE will not be liable for injuries caused by the use of tools or equipment unless due to ASE’s gross negligence or failure to maintain proper
standards. ASE is not responsible for any harm caused by customer mishandling of equipment post-service.
11.3 ASE is not liable for injuries occurring after service completion unless the injury is caused by ASE’s failure to address issues within the warranty
period.
11.4 ASE is not responsible for injuries arising from defective materials provided by third parties, and any claims should be pursued against the
manufacturer or supplier.
11.5 Indemnity by Customer: The Customer agrees to indemnify ASE against claims arising from their actions, negligence, or failure to follow ASE’s
guidelines.
11.6 Insurance Requirement: The Customer shall maintain sufficient insurance coverage to protect against damage to ASE-installed equipment or other
property. ASE reserves the right to request proof of coverage.
12. Force Majeure
12.1 ASE shall not be held liable for any failure to perform its obligations under this agreement if such failure is caused by an event or circumstance
beyond ASE’s reasonable control, including but not limited to natural disasters, acts of terrorism, strikes, pandemics, war, government regulations, or
any other event of force majeure.
12.2 In the event of a force majeure situation, ASE shall notify the Customer promptly and provide an estimated timeframe for performance. ASE shall
be entitled to a reasonable extension of time to perform its obligations, and the Customer shall not be entitled to claim damages for delays resulting
from force majeure events.
12.3 If the force majeure event lasts for more than 30 consecutive days, either party may terminate this agreement by giving written notice to the
other party, in which case ASE shall only be liable for the services rendered up to the date of termination, and the Customer shall remain liable for all
payments due for such services.
13. Dispute Resolution and Governing Law
13.1 Initial Negotiation: In the event of any dispute, disagreement, or claim arising from or relating to this agreement, the parties agree to first attempt
to resolve the matter through good faith negotiations between the parties.
13.2 Mediation: If the dispute cannot be resolved through negotiation within 15 days, the parties agree to submit the matter to mediation under the
rules of a mutually agreed-upon mediator. The mediation shall take place in the jurisdiction where ASE’s primary business is located.
13.3 Arbitration: If the dispute remains unresolved after mediation, the parties agree that the matter shall be referred to binding arbitration. The
arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), and the decision of the arbitrator
shall be final and binding.
13.4 Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa (or any applicable
jurisdiction, if this applies to a different country), without regard to its conflict of law principles.
13.5 Venue: Any legal actions or proceedings arising under this agreement shall be brought exclusively in the competent courts located in the
jurisdiction where ASE’s business is located.
14. Indemnity
14.1 The Customer agrees to indemnify, defend, and hold harmless ASE, its directors, officers, employees, agents, and subcontractors, from any and all
claims, demands, damages, losses, liabilities, and costs (including legal fees) arising from or related to the Customer’s use of ASE’s services, except to
the extent such claims arise from ASE’s gross negligence or wilful misconduct.
14.2 The Customer shall be solely responsible for any damage to property or injury to any person caused by their misuse of ASE-installed equipment or
any unauthorized modifications to the equipment.
14.3 The Customer agrees to indemnify ASE for any claims made by third parties resulting from the Customer’s failure to comply with any applicable
laws or regulations concerning the installation, maintenance, or operation of the equipment provided by ASE.
14.4 ASE shall not be held liable for any loss of data, loss of business, indirect or consequential losses, or damages arising from the use or inability to
use the installed equipment, including during any service interruptions or failures.
15. Miscellaneous
15.1 Entire Agreement: This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all
prior discussions, understandings, and agreements, whether written or oral. Any amendments or modifications must be made in writing and signed by
both parties.
15.2 Severability: If any provision of this agreement is found to be invalid or unenforceable by a court or tribunal, such invalidity or unenforceability
shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
15.3 Waiver: No waiver of any provision of this agreement shall be deemed to be a waiver of any other provision, nor shall any waiver be deemed a
continuing waiver. ASE’s failure to enforce any provision of this agreement shall not constitute a waiver of that provision or any other provision of this
agreement.
15.4 Assignment: The Customer may not assign or transfer its rights or obligations under this agreement without ASE’s prior written consent. ASE may
assign its rights or obligations under this agreement to any third party without the Customer’s consent, provided that ASE remains liable for
performance under the agreement.
15.5 Headings: The headings used in this agreement are for convenience only and shall not affect the interpretation of the agreement.
15.6 Notices: Any notice required or permitted under this agreement shall be in writing and shall be deemed to have been duly given if delivered by
hand, sent by post, or by email to the parties at the addresses provided in the ASE Job Card or the Customer’s provided contact details.
15.7 Survival: The provisions of this agreement which by their nature should survive termination, including but not limited to clauses regarding
payment, liability, indemnity, and dispute resolution, shall survive any termination or expiration of this agreement.
15.8 Force Majeure: ASE’s performance under this agreement is subject to a force majeure clause, which allows ASE to delay or suspend performance
in the event of circumstances beyond its control (as detailed in Clause 12).
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Aerial & Satellite Excellence.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: South Africa.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to aerialexcellence.co.za, accessible from https://aerialexcellence.co.za
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile devices unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Use of Cookies by Free Privacy Policy.
We use both Session and Persistent Cookies for the purposes set out below:
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third-party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, You can contact us:
By email: info@aerialexcellence.co.za
By visiting this page on our website: https://aerialexcellence.co.za
