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Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF WAFA 1 DEFINITIONS 1. "Customer" means any person who purchases Goods and Services from the Supplier; 2. "Goods" means the articles specified in the proforma invoice; 3. "Proforma Invoice" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier; 4. "Services" means the services specified in the Proforma Invoice and Grade of Service Document; 5. "Supplier" means WAFA 6. "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier. 2 GENERAL 1. These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. 2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. 3. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation. 4. Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer. 3 THE ORDER & SERVICE 1. The Customer shall be deemed to have accepted the terms and conditions and understanding of the Grade of Service purchased by placing an activation form for the service with the Supplier ("the Order") within the period specified in Clause 3.1. 2. All Orders for Goods and Services shall be deemed to be acceptance of the Grades of Service and hardware ownership conditions pursuant to these Terms and Conditions. 4 PRICE AND PAYMENT 1. The price for the Goods and Services is as specified in the proforma invoice. 2. Payment of the price shall be in the manner specified in the proforma invoice. The service contract is 24 months renewable & continuous (meaning if within this 24 months for any reason the services are not renewed the 24 months will be taken into consideration for the date of latest reconnection). No downgrade of subscription package can take place within the 3 month billing cycle. Modems sold by WAFA are non-open source and are to be used only on WAFAs chosen ISP networks. 3. All subscriptions including renewals and reconnections can be made in 3 months or multiples of 3 month cycles (i.e. 6 months, 9 months, 12 months etc.) only. Published rates are only applicable to these. 4. If the Customer fails to make any payment on subsequent invoice due dates the supplier shall be entitled to disconnect the service until payment for the next subscription period is made. Where a disconnection of service is enacted the supplier will be entitled to make an administration charge of US$ 50 for reconnection of the service. Any charges made by financial institution for failed transfers returned cheques etc should be borne by the customer. 5. Internet Service Provider is liable to revise the Fair Access Policy or Throttle Quotas without any prior notice. 5 DELIVERY 1. The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. 2. All risk in the Goods shall pass to the Customer upon delivery. 6 TITLE 1. Title in the Goods shall not pass to the Customer until 36 months from the date of delivery to compensate the supplier in terms of service revenue for the discounted price of the VSAT hardware. The terminal is supplied for use only on WAFAs chosen ISP network platform. The supplier reserves the rights to PIN protect the hardware to ensure only WAFAs chosen ISP networks to be used. 2. Service Plans cannot be downgraded in any circumstances until 6 months of non-stop services are completed from first day of commencement of services. 7 CUSTOMER'S OBLIGATIONS To enable the Supplier to perform its obligations the Customer shall: 1. Co-operate with the Supplier; 2. Provide the Supplier with any information reasonably required by the Supplier; 3. Obtain all necessary permissions, licenses and consents, which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and 4. Comply with such other requirements as may be set out in the proposal or otherwise agreed between the parties. 8 SUPPLIER'S OBLIGATIONS 1. The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier. 2. The Supplier shall supply the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice. The Supplier retains the right to alter the Grade of Service to ensure network integrity. 3. The Supplier accepts all responsibility for the condition of tools and WAFAs designated Service Provider's hub equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects. 4. In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 1 year from the date of delivery. 5. The Supplier provides the following guarantee(s) in relation to the services offered: In accordance with Service Level Agreement document 9 CANCELLATIONS AND REFUNDS 1. Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 30 days of delivery and the Customer shall be entitled to replacement Goods or a full refund. The customer will be liable for return to supplier shipping costs 2. The Customer may cancel an Order by notifying the Supplier in writing at the address above within 10 days of placing an Order and any deposit paid will be refunded in full. 3. If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable. 4. The 2 way VSAT systems provided by WAFA are intended to be installed by a professional VSAT installer. However in the case of a customer attempting to install the system as a "self install" WAFA will offer reasonable remote assistance and allow the customer purchase of a satellite meter to try to aid "self installs". WAFA accept no liability should a "self install" be attempted and prove to be unsuccessful, therefore no refund of product or service will be considered. 10 LIMITATION OF LIABILITY 1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, not adhering to GOS or otherwise in excess of the price for the Goods and Services. 2. The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. 3. For the avoidance of doubt, time shall not be of the essence and the supplier shall incur no liability to the Customer in respect of any failure to complete or provides the Services by any agreed completion date. 11 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. 12 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 13.. Defective Products 13.1 If any of the Products are defective in any material respect or do not comply with the Contract, the Client must give written notice to the Company within 30 days of delivery, and the Company shall at the Client�s option:- Replace the defective Products; 13.2 The Client shall pay all shipping and delivery costs in respect of any Products returned to the Company by the Client under Condition 13.1 above. 13.3 The Company shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Company's instructions (whether oral or in writing), attempts to install by a person other than a qualified installer, misuse or alteration of the Products without the Company's approval, or any other act or omission on the part of the Client, its employees or agents or any third party. 13.4 Products, other than defective Products returned under Conditions 13.1 or 13.2 or Products returned following cancellation under Condition 9.1, returned by the Client and accepted by the Company may be credited to the Client at the Company's sole discretion and without any obligation on the part of the Company 13.5 Subject as expressly provided in these Conditions, and except where the Products are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 13.6 The Client shall be responsible to ensure that, except to the extent that instructions as to the use of the Products are contained in the packaging or labeling of the Products, any use of the Products by the Client is carried out in accordance with directions given by the Company or any competent governmental or regulatory authority and the Client will indemnify the Company against any liability loss or damage which the Company might suffer as a result of the Client's failure to comply with this condition.
I have read and agreed to the above terms and conditions
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