OnDigital Media Terms and Conditions

This notice applies to all information collected or submitted on the StarSat website. On some pages, you can complete an enquiry or registration form, which requires you to enter your personal information. Personal information refers to private information about an identifiable person, such as your name and surname, gender, age, date of birth or contact details (e.g. your home address, e-mail address or telephone number), physical location, ID number and an image (such as a profile picture on a social networking site). We also collect non-identifying and aggregate information through analytics software website cookies. We use this aggregate data to help improve the design and functionality of our website.

For example, we may tell our web design company that X number of individuals visited a certain area on our website, but we would not disclose anything that could be used to identify those individuals.

We collect your personal information in a number of ways including:

actively from you when you submit a form on our website;
passively from your device order valtrex online when you use our site through aggregate data collection software;
passively from social networking sites like Facebook or Twitter (subject to your privacy settings);
passively from affiliated companies and third party service providers.

We use the information we collect from you to provide, maintain, and improve our services. We also use the information to develop new services and products. We do not share this information with outside parties except to the extent necessary to ensure we meet our service commitments. We use return email addresses to answer the emails we receive. Such addresses are not shared with outside parties. We also use the information collected to analyse and improve our service offering.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies.

By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).

Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)

The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.

The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)

You may opt out of seeing advertisements for web site, by simply clicking here: – http://www.google.com/policies/technologies/ads/

We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under the age of 13, and no part of our website is structured to attract anyone under the age of 13.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections.

Should you have other questions or concerns about these privacy policies, please call us at tel:
011 582 9988

Subscriber(s) and/or user(s) of the StarSat website for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of StarSat when accessing the website as set out below.

This website is only intended to provide the user with information regarding StarSat, its product offering and services rendered.

Without derogating from the foregoing, StarSat hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:

such content is used for information and/or non-commercial purposes only; and
any reproduction of this the content of this website, or portion thereof, must include copyright notices acknowledging StarSat and its reservation of rights.

Users that wish to use content from this site for commercial purposes may only do so with prior written permission.

All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to StarSat, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

By using this website or communicating with StarSat by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.

StarSat expressly reserves the right, at its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice.

StarSat reserves the right to change and amend subscription fees and rates quoted on this website for its satellite subscription services and sales of digital decoders without any notice.

The user undertakes to acquaint themselves with the changes and/or amendments in the information supplied on the website.

StarSat protects its subscriber’s and/or user’s privacy in-that no personal information will be disclosed to third parties without the user’s permission or due process.

StarSat gathers and will be in possession of the following private and personal information of subscribers and/or users:

Information provided by subscriber / user voluntarily – this information is used to provide a better service to users;
Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with StarSat. Cookies cannot harm your computer.

By using this website the User consents to the following:

StarSat may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
StarSat may use the user’s information for non-personal statistical purposes.

StarSat retains the copyright in databases of personal information of users.

Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this website, without the prior written approval of StarSat. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of StarSat.

No information or data on this website is an offer but merely an invitation to do business.

No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement an offer, of receipt from this website.

The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website server or copyright infringement of any data and information available from this website.

StarSat may provide links to the user only as a convenience and the inclusion of any link does not imply StarSat endorsement of such sites.

Linked websites or pages are not subject to the control of StarSat and as such StarSat shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.

Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, StarSat shall NOT be liable for any damage, cheap valtrex 1000mg loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, StarSat makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with StarSat that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of StarSat and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

Neither StarSat nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or services sold or procured due to access to this website.

Postings of any kind posted to this website or e-mail sent to this website are not editorially controlled and therefore StarSat cannot be held liable for illegal or unconstitutional content. The user indemnifies StarSat from all liability in this regard.

Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, StarSat shall NOT be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, StarSat makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with StarSat that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of StarSat and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

Neither StarSat nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or services sold or procured due to access to this website.

Postings of any kind posted to this website or e-mail sent to this website are not editorially controlled and therefore StarSat cannot be held liable for illegal or unconstitutional content. The user indemnifies StarSat from all liability in this regard.

This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:

Postal address
Private Bag x109
Rivonia
2128

Any e-mail message received from any employee, officer, director and/or contractor of StarSat and any of its subsidiary and/or trading entities, including any attachments thereto (the “e-mail message”), is subject to the notice and disclaimer as set-out herein:-

The information contained in this e-mail message is confidential and is solely intended for the person or entity to which it is addressed (the “intended recipient”) and may contain private, confidential, proprietary and/or privileged material and may be subject to confidentiality agreements. Access to this e-mail message by everyone else is unauthorised. If the recipient hereof is not the intended recipient, any disclosure, copying, distribution, retransmission or dissemination, or any other use of or taking of any action or any omission in reliance upon this e-mail message is prohibited and unlawful. If you are not the intended recipient of this e-mail message (or a person responsible for delivering this e-mail message to its intended recipient), please contact the sender hereof and delete the e-mail message from all storage media. You may not disclose, distribute, copy or retain it or any part thereof.
E-mail messages are not necessarily secure and no liability or responsibility is accepted if information or data is, for whatever reason, corrupted or does not reach its intended recipient or is incomplete, intercepted, lost or destroyed. StarSat shall not be liable for the proper, complete transmission of the information contained in this e-mail message, for any delay in its receipt or for any viruses contained herein. No warranty is given that this e-mail message is free of viruses.

The views expressed in this e-mail message are, unless otherwise stated, those of the author hereof and does not necessarily reflect the views or policies of StarSat, its management, officers or directors. No warranties of any nature whatsoever are made or implied that any employee and/or contractor of StarSat was authorised to create and send this e-mail message. This e-mail message does not in any way whatsoever imply or convey any authority to contract on behalf of StarSat and does not in any way whatsoever represent a formal agreement or offer for such purposes on behalf of StarSat or its employees and/or subcontractors and no agreement with StarSat shall be of any force of effect or enforceable unless reduced to writing and signed by a duly authorised signatory of StarSat. For the purposes hereof, a “written document” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the Electronic Communications and Transactions Act, 25 of 2002, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.

StarSat shall be deemed to have (a) sent an e-mail message once reflected as “sent” in the log files on or StarSat’s mail servers and (b) received once a StarSat representative has responded thereto. Auto replies shall not be deemed a response for the purposes hereof.

StarSat reserves the right to monitor, filter, view, intercept and block e-mail messages addressed to its employees, officers, directors, contractors or users or transmitted by same or take any other action in accordance with its electronic communications policy.

Under no circumstances whatsoever shall StarSat, its management, officers, directors, employees or the sender of this e-mail message be liable to any party for any direct, indirect, special, consequential or punitive damages, liabilities, losses or claims resulting from this e-mail message or the use of this e-mail message in any way whatsoever.

The laws of the Republic of South Africa shall govern any and all StarSat e-mail messages.

Subscriber Terms and Conditions

These Residential Subscriber “Terms and Conditions” or “terms and conditions” are binding and enforceable against all person(s) and/or subscriber(s) that access the StarSat subscription services. By accessing the StarSat subscription service, Subscribers agree to be bound by the terms and conditions effective at the time of such access. Due to the nature of the services, StarSat reserves the right at its sole discretion to vary or amend the bouquet schedule and/or any of these terms and conditions from time to time. StarSat will notify Subscribers of any changes to the terms and conditions which may affect Subscribers before the revised terms and conditions come into effect and will make the revised terms and conditions and bouquet schedules/annexure available on the StarSat website and affiliated websites. Subscribers may request a copy of the terms and conditions from StarSat at any time.

StarSat carries on the business of the sale, marketing, distribution, collation and compilation of television channels and provides a subscriber management service for its pay television business.

StarSat, in an endeavour to increase and/or develop a base of active subscribers and at the same time provide a subscription service, agrees to allow the Residential Subscriber access to its subscription services upon activation of such service.

On acceptance by the Residential Subscriber of these Terms and Conditions, its annexures or schedules, or any StarSat prescribed format of this agreement, StarSat will allow access to the Residential Subscriber to the subscription services.

Headings are for ease of reference and not to be used in the interpretation of these Terms and Conditions.

Unless the context indicates otherwise:–

expressions denoting one gender include the other gender, a natural person includes a juristic person and the singular includes the plural and vice versa;
where any term is defined in a clause other than in this clause (2), that term has the meaning given to it in that clause wherever it is used in these Terms and Conditions;

“Basic installation” or “standard installation” means the installation carried out by an accredited installer at the Subscriber’s premises, up to 25m of cabling, the recommended satellite dish, an LNB, all attachment bolts, standard satellite dish arm and labour for a single point installation from the satellite dish to the decoder;
“Decoders” or “digital decoders” means an addressable device or set top box (STB) or satellite receiver, incorporating access control pay television technology, which is capable of receiving and decrypting various StarSat pay television services from time to time;
“Effective date” means the date on which the agreement is concluded between StarSat and the Residential Subscriber, and would constitute the activation date to the subscription;
“EPG” means an electronic programme guide;
“Equipment” means the satellite dish, cabling and necessary electronic television reception equipment, other than the digital decoder, which enables the signal to be received and distributed within the Residential Subscriber’s home or installation location;
“Installation” refers to the labour and expertise necessary to install the Equipment and decoders at the Residential Subscriber’s home or installation location(s);
“Installer” – means a person and/or entity, and persons or entities who have been accredited as complying with the quality standards prescribed by StarSat to carry out installation of the digital decoders and accessories to Residential Subscribers;
“Month” – a calendar month, i.e. any month of the calendar year commencing on the first day of such calendar month and terminating on the last day of that calendar month (both days inclusive);
“Schedule” or “bouquet schedule” or “bouquet annexure” or “bouquet offering” refers to the schedule or annexure of choices of subscription services available to the Residential Subscriber to which these terms and conditions apply and which may be amended or supplemented by StarSat at its sole discretion from time to time;
“Signal” – the signal of the subscription service, as transmitted in encrypted format;
“Smartcard” – means the card used to descramble encrypted broadcasts when placed in a decoder or receiver or STB with a built-in decoder, that is provided with the decoder and contains decryption software licensed solely to StarSat. At times certain bouquet options may require a different specific bouquet accessible smartcard, which will be provided directly to the Subscriber by StarSat;
“Subscriber” or “residential Subscriber” – means an individual and/or person or their immediate household, constituting current and potential pay television service users, who is authorized to receive the subscription services, payment of which is calculated by reference to their use of a decoder. The subscription fees for the subscription services shall be calculated consistent with charges and fees as prescribed by StarSat from time to time, where such fees are determined by reference to a Residential Subscriber account number and charged to such Residential Subscriber, commensurate with bouquet choice and pricing of such bouquets;
“Subscription fees” – means the applicable monthly and/or pro-rata fee(s) payable for the selected bouquet offering chosen by the Subscriber, as determined and communicated to the Subscriber by StarSat from time to time;
“subscription service(s)” or “pay TV subscription service(s)” – the service of providing data in the form of images and audio for viewing on a broadcast pay TV platform of television channels, which are chosen from a mandatory pre–set selection of bouquet(s) as set out in the schedule, at the sole discretion of StarSat, and to which the Residential Subscriber has access via a STB for the agreed subscription fee;
“This agreement” – means this agreement constituted between StarSat and the Residential Subscriber on the terms contained in these terms and conditions, any pricing schedule(s) and/or annexure(s) to this agreement.

The commencement of this agreement shall be the activation date of the subscription services, being the effective date and shall endure, subject to either party’s right of termination encompassed within this agreement.

The duration of this agreement shall continue indefinitely, as agreed by the parties, on a month to month basis, subject to the rights of either party to terminate this agreement, with notice to the other of its intention to do so, and subject to payments of the subscription and/or any outstanding fees and/or penalties due and payable.

Should the Subscriber wish to terminate or suspend the service, she or he can do so by notifying StarSat on or before the 15th of that calendar month. This termination or suspension will become effective on the last day of that month.

The monthly subscription fee will be billed and payable irrespective of whether or not the Residential Subscriber utilizes the subscription service, unless the Subscriber elects to place the subscription services on hold for a defined period, by notice to StarSat, specifying the commencement of the hold period which will be the Resting period and shall be subject to the following rules:

The Resting periods can be initiated by the Subscriber at any time of the billing month;
Once the Subscriber has initiated a Resting period, the Subscriber must call into the StarSat call centre to re–activate their subscription services;
Only a Subscriber who has notified StarSat of a resting period will not be charged a Reconnection fee, when requesting reconnection of service;
Any current subscription service credits will remain on the Subscriber’s account, until reconnection of services.

StarSat hereby agrees to allow the Subscriber access to the subscription service with the use of an STB allowing for the decryption of the signal. The Subscriber undertakes to receive and distribute such signal only to the television points confined to the Subscriber’s home or residence as per the installation address, on payment of the required subscription fees and in accordance with the terms set out in this agreement.

If the Subscriber wishes to change the address of the premises at which he or she receives the subscription service, he or she must duly notify StarSat.

The various services provided by StarSat as part of the StarSat subscription service will be described in regular, predefined programming schedules advertised via media releases or published programme guides or on StarSat’s EPG. StarSat reserves the right to cancel or pre–empt at any time, without prior notice, and without any liability to StarSat, its employees or customers, all or part of the regular monthly programming previously advertised and StarSat may in its sole discretion substitute alternative programming or special events programming.

StarSat may from time to time alter or change the subscription services in terms of bouquet, channel or EPG interactive offering(s) to enhance and improve the quality of subscription services.

The Subscriber may at any time, change their selected bouquet offering as defined by StarSat, in its product offering, by upgrading or downgrading their selected bouquet offering and shall gain access to the newly selected services subject to payment of the altered subscription fee. Upgrading and downgrading refers to the selection of more or fewer bouquet offerings as offered by StarSat in its product offering.

The Residential Subscriber must notify StarSat of any required amendments to debit order details for the subscription service on or prior to 7 working days before the 20th of the current month for changes to take effect for the following month.

The subscription services are provided subject to the monthly subscription fee(s) being paid by the Subscriber and received by StarSat.

StarSat reserves the right to suspend and/or terminate the subscription services without further notice to the Subscriber in the event of non-payment of the subscription fee(s) on the due date.

Residential Subscriber shall pay StarSat inclusive of Value Added Tax (VAT):–

the pro-rated subscription fee after activation which is the subscription fee due for the rest of the month, payable within 24 hours of activation for cash payments and 24 to 72 hours for other payments methods;
the monthly subscription fee, in advance, before the 1st of every month as set out in the schedule or subscription fees agreed to by the parties on amendment of bouquet choice or pricing of bouquets as amended by StarSat from time to time;
any additional fee including, but not limited to, smartcard fees, smartcard replacement fees, service fees, duplicate copy fees, RP (returned payment) fees and any other fees stipulated by StarSat in respect of services not ordinarily included in the subscription service and accepted by the Residential Subscriber (either expressly, tacitly or by conduct);

The monthly subscription fee payable by the Subscriber may be amended from time to time due to the circumstances as described in 6.3.3 or due to pricing increases and the Residential Subscriber will be informed of such amended subscription fee prior to such change and subject to the Subscriber’s right to terminate this agreement in accordance with these terms and conditions.

From time to time StarSat may at its discretion introduce further product offering, including but not limited to addition Channels and/or bouquets, which would be subject to additional subscription fees, billed separately and subject to the Subscriber’s right to terminate this agreement in accordance with these terms and conditions. Clause 5.5 applies where the Subscriber wishes to add the new services to their existing bouquet offerings.

All payments due by the Subscriber in terms of subscription fees, altered and/or amended subscription fees or any ancillary charges referred to in clause 6 and 8, in terms of this agreement, shall be made by the Subscriber to StarSat, free of exchange, set off and any other deductions.

Subscription fees work on a subscription service credit principle, where the Subscriber purchases or pays for credits and chooses bouquet option(s) on the service provider’s broadcast platform. With these service credits, the Subscriber is able to view the chosen subscription content for the period, for which the service credits persist. Once the service credits have been used and / or expires the Subscriber must renew service credit to continue viewing.

Payment may be made at the address of StarSat as stipulated in the schedule or into a nominated StarSat banking account, details available in the annexure hereto as well as on the StarSat websites in one of the following ways:

at the address of StarSat as stipulated above;
at any StarSat Custer Experience Centre(s);
via debit order, deducted on a day chosen by the Subscriber;
via third party payment collection as advised by StarSat from time to time;
via credit card payments;
with recharge or use of a StarSat “pre–paid” subscription service voucher.

The Subscriber must quote their StarSat financial account number as a payment reference when payment is made.

The Subscriber hereby undertakes to ensure at all relevant times that there are sufficient funds in their bank account for the debit order / credit card payment(s) to be honoured regardless of whether the selected date on which the fees will be debited falls on a Saturday, Sunday or Public Holiday.

In the event that the debit order or credit card payment is dishonoured for whatever reason, the Subscriber acknowledges that they will be held liable for the pro-rata subscription fee until the cancellation of the subscription service by StarSat.

In the event of non-payment by the Subscriber and the inevitable insufficient subscription service credits on the Subscriber’s account, StarSat reserves the right to terminate all services with immediate effect.

The Subscriber can recharge their Subscription service credits using StarSat’s pre–paid solution in the following way:

Pin less recharge:

The Subscriber may use either the prepaid vendor(s) Cellphone banking or other online banking channels or other vendor(s) online channels.
Upon conclusion of the transaction the Subscribers smartcard will be automatically and immediately recharged.
A notification SMS will be sent to the Subscriber upon conclusion of the transaction confirming the recharge of the Subscription service credits.
The validity period of the Subscribers chosen pre-paid voucher is subsistent to the value of the Subscription credits purchased and the Subscriber should ensure that they are familiar with these subscription credit values prior to purchase. StarSat will not provide refund(s) upon conclusion of the transaction.
Be advised that terms and conditions specified on the prepaid voucher may apply. The Subscriber is advised to ensure that they are fully aware of these prior to purchase. Kindly visit appropriate vendor(s) websites for a comprehensive list of terms and conditions.
Further be advised that terms and conditions specific to other pin less recharge vendors may apply, the Subscriber is advised to ensure that they are fully aware of these prior to purchase.

Prepaid Voucher:

The Subscriber may purchase a StarSat prepaid voucher from a participating retail outlet.
In order to recharge Subscription services credits using a prepaid voucher, the Subscriber must use their cellphone.
Once the Subscriber has accessed a USSD menu, they are to follow the on-screen messages and on entering the 12 digit smartcard number, the Subscriber will be able choose the option to recharge their subscription service credits.
The Subscriber will be requested to enter the 16 or 19 digit Pin code that appears on the prepaid voucher they have purchased.
On conclusion of the transaction the Subscribers service will be automatically recharged.
A notification SMS will be sent to the Subscriber upon conclusion of the transaction confirming the subscription service recharge.
The Subscriber is further advised that terms and conditions specific to other prepaid voucher recharge vendors may apply; the Subscriber is advised to make themselves aware of these prior to purchase.

The Residential Subscriber agrees that, at all relevant times, access to the subscription services will be done using a StarSat approved decoder that is paired with a StarSat smartcard.

The purchase of the decoder package includes the initial Basic Installation as described below.

The Residential Subscriber will be responsible for any additional costs related to the installation of any additional equipment required to access the subscription services and:–

Must ensure that such installation is performed by an installer accredited by StarSat (proof of identification may be requested by the Subscriber prior to the installer carrying out any work);
On selection of a suitable installer, the Subscriber enters into a separate contract with the installer which will govern the terms and conditions pertaining to the installation of the decoder and the Equipment required for the Residential Subscriber to receive the subscription services at their homes or premises. The accredited installer is not an agent or employee of StarSat and does not act on behalf of or represent StarSat in any way.
StarSat merely provides a recommendation for an accredited installer. The Residential Subscriber may choose another alternative installer subject to that installer being accredited by StarSat for quality control purposes. In the event of the Subscriber using the services of an unaccredited valtrex usa StarSat installer, the subscriber shall be responsible for the full payment of the installation.
The terms and conditions of any such installation and maintenance contract shall be agreed upon between the Subscriber and the installer concerned and StarSat shall in no way whatsoever be responsible for any loss, damage or interruption of service suffered by the Subscriber as a result of any act, omission or breach on the part of the installer of any of the terms and conditions of any such installation and maintenance contract.
The Residential Subscriber shall indemnify and hold harmless StarSat and its employees from any liability resulting from damage to property or loss of life that may occur during or after the installation of the decoder, satellite equipment or any equipment installed by the installer to receive the subscription services at the Residential Subscriber’s home or premises. The installer is neither an agent nor a representative of StarSat. StarSat merely facilitates payment of the Basic Installation fee as a benefit to the Subscriber and StarSat will accordingly not accept responsibility for the damages as referred to in clause 8.3.4.
StarSat shall not be responsible for any additional payment due by the Subscriber to the installer for any additional installation services rendered that fall outside the scope of the above described “Basic Installation”.
The Subscriber must prior to the commencement of any additional installation services agree with the installer, the additional installation service price and payment terms.
The Subscriber must ensure that the installation and maintenance of the decoder(s) and equipment at all times complies with the manufacturers and supplier’s written specifications.
The software and intellectual property incorporated in the decoder and smartcard are owned by and/or licensed to StarSat and StarSat reserves the right to amend the software from time to time by means of “over–the–air” software downloads.
The Subscriber shall be responsible for the maintenance of the decoder and the Equipment for the duration of this agreement.

The StarSat decoder user manual provides the Residential Subscriber with the operational guidelines for the installation of the equipment with regard to the decoder specifications and related information. The Subscriber should ensure that such guidelines are adhered to, to ensure the correct use of the hardware and Equipment.

STB’s may be returned to StarSat within 12 (twelve) months of date of purchase in the event of technical/mechanical failure and subject to StarSat’s refund and returns policy. StarSat will not exchange or replace stolen decoders and/or decoders damaged by lightning, rust or any other damages not caused by a technical/mechanical problem with the Equipment or decoder itself.

The Subscriber will notify StarSat if any Equipment required to receive the subscription service is stolen or damaged in any way whatsoever.

The Subscriber will notify StarSat in event of theft of the decoder in order for StarSat to disable the subscription service.

The cost of replacement Equipment either due to theft or damage, to receive the subscription service shall be at the cost of the Subscriber.

The software embodied in the digital decoder as well as the smartcard itself and any intellectual property contained therein is and will remain the property of StarSat and the Subscriber will ensure that such smartcard is used only for the receipt and decryption of the subscription services as authorized by StarSat.

In the event of a paired smartcard becoming inoperative, damaged or stolen, the Residential Subscriber will be responsible for the replacement of such smartcard, at a prescribed fee and StarSat will pair a new smartcard with the Residential Subscribers’ current decoder. All inoperative or damaged smartcards must be returned to StarSat, unless stolen, prior to the pairing of the new smartcard.

The use of the smartcard is restricted to the Subscriber and their immediate household and StarSat reserves the right to disable the smartcard if StarSat becomes aware of:–

Use by unauthorized persons;
Any breach in terms of this agreement;
Any non–payment of subscription fees or any charges due and owing;
Any reasonable reason such smartcard requires disabling.

The Subscriber shall at all times ensure that the Equipment required to receive the subscription service is comprehensively covered in terms of a short-term insurance policy.

The StarSat satellite dish kit (“dish kit”) and all installation accessories thereto, comprised in the Equipment will remain the property of StarSat.

StarSat reserves the right to re–take possession of, and remove; the installed dish kit in the event of termination, cancellation of subscription services or for any reason StarSat deems the Subscriber has transgressed the terms of this agreement. The Subscriber shall permit StarSat or its representative reasonable supervised access to the dish kit in order for StarSat to exercise the rights provided for in this clause.

The Subscriber warrants that the StarSat dish kit will be used for the sole and specific reception of the StarSat broadcast signal and subscription services, and in the event that the dish kit is used to receive any other broadcast platform signal, StarSat reserves the rights as described in 8.9.2.

The Residential Subscriber acknowledges and agrees that copyright in all programming and services broadcast as part of the subscription service is held by the content and channel suppliers and the Subscriber hereby indemnifies StarSat and its employees against any infringement of that copyright. The Subscriber shall not use any video recording equipment, video cassette, transmitter, further distribution system or other system or method to pirate, duplicate, reproduce, sell, broadcast, distribute or otherwise use or transmit the subscription service to any other party or to insert any material into the subscription service.

The Subscriber acknowledges that it is a criminal offence to attempt to decrypt, “reverse engineer”, or create a pirate version of the conditional access technology used in relation to any decoder, smartcard or other equipment or to modify, tamper with or in any other way interfere with the decoder, smartcard or other equipment. The Subscriber shall comply with all instructions given to it by StarSat in this regard from time to time.

The Subscriber acknowledges that StarSat has a vested intellectual property right in the software embedded in the smartcard technology and that any infringement of these rights will result in loss and/or damages to StarSat and the Subscriber shall use his or her best endeavours to protect and maintain such rights.

The Subscriber shall ensure that the viewing of the subscription service at the residence or installation address is done within the ambit of the viewing rights afforded to the Subscriber as agreed in the schedule and in terms of this agreement, so amended from time to time.

The Subscriber agrees that any reception of the subscription service in contravention of viewing rights afforded to the Subscriber shall be deemed to constitute illegal viewing by the Subscriber, and that this will entitle StarSat the right to terminate this agreement due to the Subscriber’s breach.

The Residential Subscriber warrants that all personal information regarding profile, identity, installation address, billing address, contact details and/or related information requested in this agreement or on application or via electronic SMS’s, or through telephonic exchanges through the StarSat call centre for the subscription services is true and correct and together forms the entire agreement.

The Subscriber hereby authorizes StarSat to verify and share, the Subscriber’s personal information with affiliated credit bureaus for the purposes of customer risk profiling, customer payment histories compilation and debtor tracing, if required.

StarSat and its affiliate companies, warrant that they shall not use the Subscriber’s personal information for marketing, promotional and viewership statistical analyses, unless authority is obtained from the Subscriber.

The Subscriber agrees that English will be the language used in all correspondence.

StarSat will from time to time make use of digital messaging via its decoder base or through cellular telephone SMS and text messaging to inform the Subscriber of the following:

StarSat promotional and marketing material with regard to bouquet options, channels and general programming;
New functionality, alterations or amendments to STB settings or the EPG;
The Subscribers account balances and subscription fee payment reminders.

The Subscriber hereby agrees that the charges and costs incurred by the Subscriber with regard to cellular telephone SMS’s or calls to StarSat’s call centre shall be at the Subscriber’s cost.

StarSat, its agents, vendors, service providers and/or its channel suppliers, shall not be liable for, any loss, liability, damage or expense (whether direct or consequential, and/or whether in contract or in delict) suffered by the Subscriber, its servants, employees, members of its family, or invitees, or any person at the premises due to:–

any circumstances leading to the loss of the signal, whether due to negligence (other than gross negligence on the part of StarSat), any transmitter failure, failure of any operative satellite whether due to the satellite changing its orbit or to it being damaged or in any way affected so as to discontinue or disrupt the signal or to any other disruption to or interference with the signal howsoever arising;
the contents of and/or the use of the material contained in the signal received by the Subscriber;
any defect in such material, including any error in fact or instruction or advice in the material which may cause loss or damage to the Subscriber;
any defect or malfunction in the STB or equipment due to the incorrect installation thereof by the installer; and the Subscriber agrees that in the event of any such defect or failure, he or she will nevertheless remain responsible to fulfil their obligations in terms of the agreement including the obligation to pay for the subscription service during the period that the STB and/or equipment did not function properly.

The Subscriber shall comply with any and all of the terms and conditions of this agreement, failure of which including failure to pay any subscription fees, charge, ancillary charges or tax when due and payable, shall constitute a material breach hereof. StarSat shall in the event of a material breach be entitled at its option:–

To cancel this agreement, suspend or terminate the subscription service without notice and to claim all amounts due and such damages as it may be entitled to in law; or
To elect to keep the agreement in force, but at the same time and for so long as such breach continues, suspend the Subscriber’s access to the subscription service contracted for, provided that the failure by StarSat to exercise any of its rights shall not constitute a waiver of any other rights of StarSat arising from such breach, whether or not set forth in this agreement.

StarSat shall be entitled to terminate this agreement in the event of the sequestration, whether provisional or final of the Subscriber.

The Subscriber shall inform StarSat if the use of the subscription service is transferred and/or changed to another person prior to such transfer or change, failure of which shall entitle StarSat, without prejudice to its rights hereunder or at law, to forthwith cancel this agreement without notice.

StarSat shall be entitled to terminate this agreement in the event that the Subscriber commits any act or omission which, constitutes an act of insolvency in terms of South African insolvency law, or if the Subscriber negotiates or attempts to negotiate a compromise with its creditors generally or is placed under judicial management, or any similar order of court.

The Subscriber must take reasonable preventative steps to:–

prevent children from viewing any material on the subscription service that has been classified with an age restriction by StarSat, the channel or programme suppliers or by any relevant government authority or self-regulatory body from time to time;
inform all adult viewers that the content of the StarSat subscription service may contain restricted material and steps or restrictive viewing measures must be taken to prevent such materials from being viewed by children;
StarSat shall on a continued basis keep the Subscriber informed of all age restrictions and other conditions which may be imposed by it or content and channel suppliers or by any relevant government authority or self-regulatory body from time to time.

Neither party shall be liable for any failure to perform its obligations under the agreement where such failure is caused by an event beyond its control including, but not limited to, acts of God, flood, fire, lightening, explosion, accident, riot, civil strife, war, rebellion, enemy acts, strikes, satellite failure, any rule, order or regulation of government.

The relevant obligations of the party who has been prevented from performing its obligations under the agreement by such event will be suspended for so long as the event continues.

If any such event, prevents either party from performing any of its obligations under the agreement for a period of thirty (30) consecutive days or for sixty days in the aggregate in any twelve (12) month period, then the other party may cancel the agreement by giving written notice to the party who has not been able to perform its obligations.

Where StarSat is not able to perform its obligations in terms of the agreement due to an event beyond its control, as described in clause 14.1, the Subscriber may not recover from StarSat any cost, expense or loss that it suffers due to StarSat’s inability to perform.

Parties choose their addresses for the purposes of the giving of any notice, the payment of any sum, the serving of any legal process and for any other purpose arising from this agreement the addresses as cited in the schedule.

Parties may at any time alter or amend their chosen address or contact numbers telephonically or by way of prior written notice to the other party;

Important notices will be forwarded to the Subscriber via registered post and will be construed as a rebuttable presumption of the fact that the notice has been received by the Subscriber.

The Subscriber may elect to cancel the subscription service within 14 days of activation subject to the following:–

if on the return of the StarSat digital decoder package, all accessories and items contained in the original packaging are included, and there is no physical damage;
no spoilage or abuse to the decoder package in any way;
the digital decoder packaging is not damaged or soiled in any way;
the Subscriber must be able to produce valid proof of purchase on return;
the Subscriber is responsible for any direct costs of the return of the digital decoder package.

A pro rata service fee will be debited for subscription services used from date of activation to date of cancellation.

StarSat may at its discretion or if specifically requested by the Residential Subscriber, send out a representative to remove the satellite dish kit from the Residential Subscriber’s premises.

Except as otherwise provided for in these Terms and Conditions, or any promotional, or bouquet specific terms and conditions, no alterations, cancellations, variations of or addition hereto, including this clause, shall be of any force or effect unless reduced to writing or telephonic recording and agreed to by the parties or their duly authorized signatories.

The Residential Subscriber shall not cede his/her rights or delegate his/her obligations in terms of this agreement without the prior written consent or notice to StarSat. In the event that StarSat intends to cede its rights or delegate its obligations in terms of the agreement to any other person or entity, in a manner which may adversely affect the Subscriber, StarSat will inform the Subscriber in advance of this change and the Subscriber may cancel the agreement if it does not wish to be bound by the agreement.

This document, annexure and schedules referred to in this document and the electronic communications on application constitutes the entire agreement between the parties, and neither party shall be bound by any undertakings, representations, warranties or the like not recorded herein, or altered in terms of clause 17.1 herein above.

StarSat in the granting of any indulgence, leniency or extension to the Subscriber shall in no way preclude itself from exercising any of its rights in the future.

This agreement shall be governed by and construed in accordance with the law of the Republic of South Africa.

Any cost orders arising from legal proceedings shall be cost on the attorney and own client scale incurred by the parties in enforcing their rights in terms of this agreement. All collecting costs incurred shall be payable by the parties on demand.

If any clause or term of this agreement shall be declared invalid, unenforceable or illegal, then the remaining terms and provisions of this agreement shall at the option of StarSat be deemed to be severable and shall continue in full force and effect.

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