These terms and conditions (hereinafter referred to as “this agreement”) shall, when read together with the subscriber’s application form and any schedule thereto, constitutes the whole of the agreement between MPLANET HOLDINGS cc. (hereinafter referred to as “MPLANET”) and the subscriber.
Terms and Conditions
1. These terms and conditions to prevail
2.1 The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, payable monthly in advance by the subscriber, to MPLANET.
2.2 The charge for the subscriber’s entitlement to use the service on an annual basis is payable in full in advance by the subscriber, to MPLANET. This amount is non-refundable.
2.3 MPLANET reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive one month’s notice relating to price adjustments.
2.4 It is the policy of MPLANET to provide subscription only on the basis of a debit order or a bank or credit card account.
The agreement shall continue indefinitely and shall be terminated on the expiry of 1 calender month’s written notice given by either party to the other.
4. Subscriber's Obligations
4.1 The subscriber is prohibited from allowing any other party access to the service through the subscriber’s unique Internet address as allocated by MPLANET.
4.2 The subscriber may not at any time use the service in contravention of any South African law. In particular, the subscriber undertakes to familiarise itself and ensure that it is kept continuously appraised of all South African law enforced from time to time, which has any bearing on the service and/or its use. MPLANET has no obligation to assist the subscriber in this regard.
4.3 The subscriber is liable for all of his or her own computer hardware, telecommunications and other connection costs incurred in connecting to MPLANET’S service.
5.1 MPLANET does not make any representations nor, unless expressly
given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose. MPLANET does not warrant or guarantee that the information transmitted by and/or available to the subscriber by way of the service:
i. will be preserved or sustained in its entirety;
ii. will be suitable for any purpose;
iii. will be free of any inaccuracies, defects, bugs or viruses of any kind, and MPLANET assumes no liability or obligations in regard to any of the aforementioned exclusions.
6. Exclusion of Liability
6.1 Except as otherwise expressly provided herein to the contrary, MPLANET shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/ or howsoever arising (including consequential or incidental loss or damage, which shall include but shall not be limited to, loss to property or of profit, business, goodwill, revenue or anticipated savings).
6.2 The subscriber hereby indemnifies MPLANET against and holds MPLANET harmless from any claim by any party arising directly or indirectly out of access to or use of the service, or information obtained through the use of it.