Terms & Conditions
           
BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THESE TERMS AND CONDITIONS WILL SUPPLEMENT, AND IF IN CONFLICT WITH WILL CONTROL, THE TERMS AND CONDITIONS OF ANY APPLICABLE SIGNED AGREEMENT BETWEEN YOU AND UMTHA TELECOM (INCLUDING WITHOUT LIMITATION, UMTHA TELECOM’S STANDARD CUSTOMER PURCHASE AGREEMENT) OR, IN THE ABSENCE OF SUCH AN AGREEMENT, UMTHA TELECOM’S STANDARD INVOICE TERMS AND CONDITIONS OF SALE. THIS AGREEMENT IS BETWEEN YOU AND UMTHA TELECOM.
For your one-time payment to us- for each computer-related device (Computer Device) plus any applicable sales or similar taxes, Umtha Telecom will provide you with UmthaCare Service pursuant to the following terms and conditions:
1.Covered Computer Devices: You must pay a separate Total Price
            for each Computer Device you wish to be covered by this Agreement.
            With regards to each Computer Device covered by this Agreement
            the following general terms, conditions and exclusions
            shall apply:
a. Computers.
1)Notebooks. Only the central processing unit, internal keyboard,
            internal hard drives, and the computer’s built in LCD are covered.
2)Desktops. Only the central processing unit, keyboard, mouse,
            internal hard drives and the computer’s original monitor
            (when invoiced as part of system order purchase)
            are covered.
Your purchase of this Agreement for a computer does not cover peripheral devices, such as docking stations, external modems, external speakers, game devices, carrying cases, secondary monitors, external mouse on notebooks, external keyboard on notebooks, and other components not internal to the Computer Device. This Agreement is for hardware only. UmthaCare Service does not cover any defects in or damage (including without limitation virus inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Computer Device, including without limitation Custom factory Integration items that may otherwise be excluded components.
b.Peripherals. Only parts built in or on the base unit, including
            parts or accessories that are required for regular operation of
            the unit and shipped at point of sale, such as internal memory,
            built in LCD, drawers, lids internal components/switches,
            built-in buttons, or panels, remote controls, synchronisation
            cradles, or cables are covered. (Peripherals include devices
            such as handhelds/PDA’s, printers, digital cameras, monitors,
            plasma or LCD televisions or projectors.)
This agreement does not cover externally-attached peripheral devices, components, cases, or wiring classified as “accessories” or “consumables” and not built in or on the base unit, such as batteries, light bulbs, disposable/replaceable print/ink cartridges, print or photo paper, memory disks, disposable memory devices, wire connections, carrying cases, stylus pens, docking stations, external modems, external speakers, game devices, game disks, secondary monitors, external mouse or other input/output devices, any other components not internal to the Computer Device, or other parts/components requiring regular user maintenance. Umtha Care Service does not cover any software shipped with peripherals.
2.Scope of Services
a.Repair and Replacement Service. During the term of this
            Agreement and subject to limitations in this Agreement,
            we will repair or replace the Computer Device as necessary
            to correct any damage to the Computer Device. For example,
            under this Agreement, we will repair or replace the Computer
            Device if it is damaged because:
• You spill liquid on the keyboard
• You accidentally drop the Computer Device
• An electrical surge damages the Computer Device’s internal circutry
• The LCD/monitor cracks or shatters in extreme temperatures
If we repair your Computer Device, you understand and agree that we replace original parts with new or used parts from original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. In our discretion, we may designate an affiliated company or contract with a third party to c repairs on the Computer Device.
If we decide that it is necessary to replace the Computer Device rather than repair it, you will receive a Computer Device equivalent to or better than the Computer Device you originally purchased from us, as determined by us in our sole and reasonable discretion.
b.Limits of Support Services. This Agreement does not cover and
            we are not obligated to repair or replace:
Any Computer Device located outside of South Africa.
Any damage to or defect in the Computer Device that is cosmetic only or otherwise does not affect Computer Device functionality. Under this Agreement, we are not obligated to repair reasonable wear and tear on the Computer Device and other superficial items, such as scratches and dents that do not materially impair your use of the Computer Device.
Any Computer Device that anyone other than Umtha Telecom or a person we designate has tried to repair. Any repair or attempted repair on the Computer Device covered by this Agreement by any third party other than us or someone we designate will avoid and cancel this Agreement. We will not reimburse you for any repairs that you or another person make or attempt to make to the Computer Device.
Any Computer Device that is lost or stolen. To receive repair or replacement of a Computer Device, you must return the damaged Computer Device to us in its entirety.
Any Computer Device that is damaged by fire from an external source or that is intentionally damaged. If we find evidence of intentional damage, we are not obligated to repair or replace the Computer Device.
Any Computer Device that is damaged due to misuse, improper installation, improper maintenance or use in violation of instructions, precautions or warnings set out in the Owner’s Manual or Product Information Guide accompanying the Computer Device.
Any recovery or transfer of data stored on the Computer Device. You are solely responsible for all data stored on the Computer Device. We do not provide you any data recovery services under this Agreement. You understand and agree that Umtha Telecom is not responsible for any lost or corrupted software or data. Umtha Telecom strongly recommends that you maintain a complete data backup and disaster recovery plan. However, if hard drive replacement is necessary, we will reload; at no charge to you, the then-current version of major application and operating system software you originally purchased from us, including any installed Custom Factory Integration applications. We do not; however, represent or warrant and this Agreement does not obligate us to ensure that any installed Custom Factory Integration applications will be compatible with the replacement Computer Device.
Preventive maintenance. It is not necessary that you perform any preventive maintenance on the Computer Device to obtain repair or replacement of a Computer Device covered by this Agreement.
Limitation of Liability. Umtha Telecom (INCLUDING UMTHA TELECOM’S, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEE OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR THE COMPUTER DEVICE NOT BEING AVAILABLE FOR USE, LOST OR CORRUPTED DATA OR SOFTWARE, OR PRODUCTS SOLD THROUGH UMTHA TELECOM’S SOFTWARE AND PERIPHERALS DIVISION, OR THE PROVISION OF SERVICES OR SUPPORT. UMTHA TELECOM WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE COMPUTER DEVICE IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS. UMTHA TELECOM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO PURCHASE OF THE COMPUTER DEVICE OR SERVICES, UMTHA TELECOM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER UMTHA TELECOM NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS RISEN, OR IN THE CASE OF NON-PAYMENT, MORE THAN EOGHTEEN 918) MONTHS FROM DATE OF LAST PAYMENT.
3.Your Responsibilities:
a.General. To receive the UmthaCare Service, you are responsible
            for complying with the following:
Cooperate with Technician. You must cooperate with the technician to ensure that the Computer Device is properly serviced. At our discretion, the technician will either send you a replacement part for you to install on the Computer Device or give you directions to ship the Computer Device to our repair facility. Once at our repair facility, we may repair the Computer Device or ship you a replacement Computer Device depending on our assessment of the damage to the Computer Device. In some cases, where we can determine over the telephone that a replacement Computer Device will be necessary, we may at our discretion, ship you a replacement Computer Device Immediately.However, if you fail to return the damaged Computer Device to us, you agree that you are responsible for the retail price of the replacement Computer Device.
How and when to use:
a.The hours of Support shall not include regular holidays. Umtha
            Telecom is not liable for any failure or delay in performance due to any cause beyond its control.
b.When you call, an Umtha Telecom technician will ask for the service
            tagnumber located on the Computer Device. Once the technician
            has verified your purchase of UmthaCare service, he or she will
            ask you a series of questions to assess the extent and cause of
            damage to the Computer Device
           
4.General Terms:
Term and Renewal. This Agreement begins on the date you receive the Computer Device from us and expires on the contract expiration date corresponding to the 1, 2, 3 or 4 year Umtha Care Service term purchased. The term of this Agreement may not be extended or renewed.
Claims of Confidentiality or Proprietary rights You agree that any information or data disclosed or sent to Umtha Telecom, over the telephone, electronically or otherwise, is not confidential or proprietary to you.
Cancellation. This Agreement is dated as of the date you receive the Computer Devise from us. You may cancel this Agreement within thirty (30) days of your receipt of this Agreement written notice to us at:
Umtha Telecom
Suite 409, 4th Floor
125 Buitengracht Centre
125 Buitengracht Street
Cape Town
8001
Where applicable, if you cancel this Agreement within thirty (30) days of your receipt of it, we will send you a full refund less the cost of claims, if any, made under this Agreement.
We may cancel this Agreement if you fail to pay us the Total Price for UmthaCare Service in accordance with our invoice terms, make a misrepresentation to us or our agents, or otherwise breach your obligations under this Agreement. We will not cancel this Agreement for any other reason. If we cancel this Agreement, we will send you a written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation, this will not be less than ten (10) days from the date we send notice of cancellation to you. Umtha Care Service must be cancelled separately for each Computer Device.
Entire Agreement. This Agreement is the entire agreement between you and Umtha Telecom with respect to its subject matter and none of Umtha Telecom’s employees or agents may orally vary the terms and conditions of this Agreement.
Language. The parties confirm that it is their wish that this Agreement, as well as other documents relating to this Agreement, including all notices, have been and will be drawn up in the English language only
Additional Remedies. This Agreement affords you specific legal rights. You may have additional legal rights that vary from state to state, including those listed below. This Agreement is not a warranty. The Computer Device you purchase from us may also come with a limited warranty from Umtha Telecom or third party manufacturers of Computer Devices we distribute. Please consult our limited warranty statements for your rights and remedies under those limited warranties
g.Arbitration. You agree that, except as set forth in this paragraph,
            any and all claims or disputes arising out of or in connection with or
            in relation to this Agreement will be resolved by final and binding
            arbitration. However, this arbitration provision does not apply
            to any claim we may have against you for non-payment of monies
            owed for the purchase of this Agreement or the Computer device or
            anysecurity interest we have in the Computer device covered by
            this Agreement or the Computer device or any security interest
            we have in the Computer Device covered by this Agreement.
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