Hotspot Provider Terms and Conditions

General

1. The Terms and Conditions of this Agreement govern the relationship between you (“the Subscriber”, “you” or “user”) and Skyrove (Pty) Ltd. (“Skyrove”).
2. Skyrove provides its Hotspot Services, as they may exist from time to time (“the Services”), to the Subscriber who will utilise such Services.
3. The provision of the Services is subject to the provision of upstream services by Telkom SA Limited or other backhaul providers.
4. All communications to be sent to the Subscriber in terms of this Agreement will be sent to the e-mail address selected by the Subscriber when signing up or to the Sub­scriber’s selected mobile number.

Terms

5. This Agreement shall commence on the date on which the Skyrove equipment is installed at the Subscriber’s premises and shall continue for an initial period of two (2) years from that date.
6. Where the Subscriber signs up after the 20th of the month, Skyrove will pro-rata both the monthly subscription and the bandwidth purchased. For the absence of doubt examples are provided:
1. Where the Subscriber signs up by the 20th of July, Skyrove will bill for the full month of July and the Subscriber will receive the full monthly bandwidth allocation.
2. Where the Subscriber signs up on the 21 of July, Skyrove will bill for the remaining 10 days in July and the Subscriber will receive 10/31*5 Gigabytes.

Payment

7. Payment is by debit order only. The debit order will be processed on the 28th day of every month or, where the 28th day is not a business day, on the next business day occurring immediately thereafter.
8. Payment of the invoice for Installation and Call-outs are due within 3 working days. If proof of payment is not received within this time period, it will be added to the next debit order.
9. Failed debit orders carry a penalty of R50 which will be levied against the Subscriber’s Account. Should your the debit order fail, the Services will be disabled immediately and the Subscriber will be required to pay all arrears and the R50 debit order penalty before the Service is re-enabled.

Usage and Top-ups

10. The Subscriber shall have access to the bandwidth monitor provided on the Skyrove Portal in order to manage bandwidth usage. It is the Subscriber’s sole responsibility to monitor usage and the Subscriber shall have no claim against Skyrove in this respect.
11. Top-ups of bandwidth will be automatically applied once the Subscriber’s usage in respect of any month exceeds the agreed upon bandwidth to be supplied for that month, as set out in clause 18 above.
12. Top-ups purchased after the 25th day of any month will be debited to the Subscriber’s Account for the following month.

Commisson / Revenues

13. Skyrove shall pay commission to the Subscriber at the agreed rate per Gigabyte (GB) of bandwidth, calculated on a per Megabyte (MB) basis, consumed through the Skyrove Hotspot Services by patrons/Wi-Fi end-users in terms of this Agreement. Revenues accumulate and are paid out a month in arrears within the first 10 days of the month once they have passed the payout threshold of R800 inclusive of VAT. Subscribers that are not VAT registered will not receive a VAT payment.
14. Commission payable by Skyrove to the Subscriber shall be updated and viewable on the Skyrove Portal but shall only become payable once monthly as set out under “Payment” above.

Faults and Support

15. Skyrove will be entitled to assume that the Service provision is in good working order until such time as it is notified otherwise by the Subscriber.
16. Any faults or service interruption should, in the first instance, be reported to the Skyrove Support Desk on 0861 ROVERS (768377). According to the circumstances of the service interruption and nature of the repairs required, either Skyrove or Telkom will attend to faults reported by the Subscriber during office hours and the relevant party will apply its reasonable endeavours to have the Service restored in the shortest possible time.
17. The Hotspot Venue owner receives 2 free call-outs within the 1st month of installation thereafter all call-outs will be charged at a subsidised rate of only R250. The call-out rate for the Gauteng region is R350. These rates are subject to change.

Remote Access

18. The Subscriber expressly acknowledges that Skyrove will at all times during the currency of this Agreement have and exercise the ability to access the Skyrove Equipment for the purpose of maintaining and updating it as well as changing the parameters of the Services. The Subscriber hereby irrevocably gives its consent to such access for the purposes set out in this clause.

RICA Registration

19. Your registration as required under the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002Act (RICA) will be completed as part of the installation process. Services will not commence under this Agreement until this has been done to the satisfaction of Skyrove.

Disclaimers, Limitation of Liability and Indemnity

20. The Skyrove equipment that is purchased belongs to the Subscriber and a 1 year warranty is given by Skyrove on that equipment.
    Skyrove will have no obligation to correct, repair, or support, and will otherwise have no responsibility for, software, hardware or equipment that it did not supply to the Subscriber under this Agreement.
21. The service provided by Skyrove is a “best effort” service. No guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not lim­ited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these Terms and Conditions.
22. Skyrove and its affiliates make no guarantees that the Service will be error-free, uninterrupted, secure, virus-free or always available or available with sufficient capacity. Skyrove makes no warranty that the system will work on every computer or computer system. Skyrove and its affiliates will have no responsibility for damage or destruction to any computer system, data, information, property or equipment. Skyrove will have no responsibility for any third party content, data, information, programs or other material that may be accessed using the Services.
23. You are responsible for maintaining the security of your account and password. Skyrove cannot and will not be liable for any loss or damage from your Subscriber’s failure to comply with this security obligation. Skyrove cannot be held liable by the Subscriber for payment of fraudulent access at such Subscriber’s hotspot or network of hotspots.
24. SKYROVE WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.