InternetStar Terms & Conditions
General
1. These terms and conditions may be amended from time to time. The latest Terms and Conditions are available on www.internetstar.co.za and the onus is on the customer to regularly check the terms and conditions governing this agreement. You will be bound by all current Terms and Conditions, so please update yourself with them on a regular basis.
2. Your subscription to the Service constitutes your acceptance of these Terms and Conditions. Internet Star reserves the right to modify the Service(s) where reasonably required.
Contract period and renewal
3. The contract for each of the price plans commence from the action date and continue for a standard 12-month period.
4. This contract will auto-renew on a month to month basis until such time the customer cancels the agreement in accordance with these Terms and Conditions.
5. Cancellation after the first 12-month period must be in writing with 30 days’ notice.
6. This agreement may be cancelled during the first 7 days (Cooling off period) of the Initial Period or of a Renewal Period by giving Internet Star at least 30 (thirty) business days’ notice in writing. If you do choose to terminate this Agreement during the Cooling Off period or Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Internet Star and you must pay all outstanding amounts in respect of the Services and / or Apparatus related to the Services.
Changing contractual packages
7. The Platinum package will be priced per the products and services selected to suit your needs on a case by case basis.
8. You have the option to Upgrade from a Sliver Price Plan to a Gold Price Plan and from a Gold Price to a Platinum Price Plan. Downgrading to a cheaper package is not permissible during the standard 12-month contract.
9. Upgrading from one Plan to another will mean an increase in the subscription amount as well as the benefits (as per the table of benefits) for the selected price plan.
10. You shall not transfer (whether it be by cession, assignment, encumbering or delegating) any of your rights or obligations in terms of this Agreement to any third party without the prior written consent of Internet Star.
Provision of the Services
11. Subject to the terms and conditions set out in this Agreement, Internet Star shall activate the services according to the type of plan selected by the customer i.e. Silver Plan, Gold Plan or Platinum Plan and maintain the availability of the Services to you throughout the duration of this Agreement.
12. Support services provided by Internet Star will be strictly between 8am and 4pm, Mondays-Fridays and excluding public holidays.
13. The services offered will available through the following channels: Web chat, Mobile Application, E-mail as well as through the helpdesk support line.
14. Internet Star has redundancies in place to ensure maximum uptime, however Internet Star cannot be held liable for downtimes and related non-provision of agreed services during such downtimes.
15. The following list provides prices for the current price plans as well as the main benefits for each plan:
Charges payable by you and your payment obligations
16. The Subscription Fee shall be due and payable to Internet Star by the account holder as indicated in this agreement and on the stipulated debit order date of each subsequent month until this contract is cancelled.
17. Internet Star shall have the right to request you to pay the first month’s Subscription Fee as a Registration Fee which may be of a higher amount as detailed in this agreement and referred to as the “Once Off” fee.
18. Internet Star will be entitled to suspend the Services to you until the value of your monthly subscriptions have been paid in full and it shall be under no obligation to do so.
19. Should the charges billed to your account exceed the monetary limits imposed by Internet Star, you shall remain liable to pay Internet Star any and all charges incurred whether in excess of the said limits or not. You are encouraged to diligently monitor the payment of your monthly debit orders and ensure that you have sufficient funds available in your bank account for the said amount.
20. If so required by Internet Star in its sole discretion you must make payment of all amounts due to Internet Star by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of Internet Star to draw against your bank account for the duration of this Agreement without the written consent of Internet Star.
21. All fees, charges and prices set out in this Agreement and/or any price list from time to time are inclusive of Value Added Tax at the rate of 14% as amended from time to time by the South African Revenue Services.
Disclosure of Information
22. You consent that Internet Star may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to:
a. any credit providers, credit bureau or credit reporting agencies;
b. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
c. any of Internet Star’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Internet Star Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
d. any of Internet Star’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
e. any company within the Internet Star Group for any purpose connected with the Services or the Network or incentive scheme purposes.
23. Despite any part of this Agreement that may indicate otherwise, Internet Star shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.
Your Acknowledgement
You acknowledge and agree that –
24. The service quality and benefits available to you shall be limited to that of the price plan selected by you.
25. Internet Star shall not be liable for any damage caused to any of your devices for any reason whatsoever.
Liability
26. By your acceptance of these terms and conditions, you hereby indemnify Internet Star and its partners against any expense, loss, claim, harm or damage brought against, suffered or sustained by you, which arises directly or indirectly from this Agreement. This liability indemnity extends to Internet Star and its partners’ directors and employees.
Your Undertakings
You shall –
27. comply with all instructions issued by Internet Star which concern your use of the services or related matters; and
28. not be entitled to commercially exploit the services in any manner whatsoever without Internet Star’s prior written consent.
29. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from Internet Star requesting you to comply within 20 (twenty) business days, then Internet Star may immediately terminate this Agreement.
30. If this Agreement is terminated by Internet Star for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 16.1, you shall pay to Internet Star all outstanding charges for access to the Services and you will be subject to payment of a reasonable premature cancellation charge, determined by Internet Star.
31. You shall repay to Internet Star on demand all costs which Internet Star incurs as a result of your failure to comply with the terms and conditions of this Agreement or any termination hereof.
Complaint Resolution
32. This Agreement is superseded by applicable laws and regulations specifically including the Consumer Protection Act.
Communication
33. You hereby consent to the dispatch or transmission by Internet Star of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Internet Star if you do not wish to receive any communications for purposes of direct marketing and in this instance, Internet Star will desist from circulating any further such material to you.
Address for Delivery of Notices
34. You choose as the address at which you wish to receive any correspondence or notices of a legal nature relating to this Agreement and the rendering of the Services as the address set out in this Agreement to which these terms and conditions relate or such other address of which you may notify Internet Star in writing.
35. Notices sent to your stipulated email address will be considered delivered within 24hrs of being sent by the sender acting on behalf of Internet Star.
Fair usage policy
36. Internetstar reserve the right to limit the time our support team spends on support communications with any customer who is deemed to be taking advantage of this service, which is offered to all customers.
Calls that go over 15 minutes will be subject to this policy, as they might be deemed as training rather than support. All support customers can contact us for up to 60 minutes of telephone/email or chat support each month, per user paying for support. Support time over 60 minutes per user per month, per account, may be subject to review.
Severability
37. In the event of any one or more of these terms and conditions being unenforceable, such terms and conditions will be deemed to be removed from the remainder of this Agreement and the Agreement will remain binding and enforceable.