1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of telecommunications services provided by Starcast Technologies (Pty) Ltd (“Starcast,” “we,” “us,” or “our”), a South African company registered under company number 2023/770423/07. By accessing or using our services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

2. Definitions

• “Agreement” means these Terms of Service and any applicable service schedules, order forms, or additional terms
• “ICASA” means the Independent Communications Authority of South Africa
• “Services” means fibre internet, LTE, 5G, mobile data, and related telecommunications services provided by Starcast
• “Equipment” means any devices, routers, modems, or hardware provided or recommended by Starcast
• “Consumer Protection Act” means the Consumer Protection Act 68 of 2008
• “Electronic Communications Act” means the Electronic Communications Act 36 of 2005

3. Service Provision

3.1 Service Availability

We provide telecommunications services subject to:

• Network coverage and availability in your area
• Technical feasibility and infrastructure capacity
• Compliance with ICASA licensing requirements
• Geographic and regulatory limitations

3.2 Service Activation

• Services are activated upon successful completion of our application process
• Installation appointments are subject to technician availability
• You must provide accurate installation address and contact information
• Access to premises must be provided for installation and maintenance

3.3 Fair Usage Policy

• All services are subject to our Fair Usage Policy
• We may implement traffic management during network congestion
• Excessive usage may result in speed throttling or service limitations
• Commercial or resale use of residential services is prohibited

4. Customer Obligations

4.1 Accurate Information

You must provide:

• Correct personal and contact details
• Valid South African identification
• Accurate installation address
• Prompt notification of any changes to your information

4.2 Acceptable Use

You agree not to:

• Use services for illegal activities or to transmit unlawful content
• Interfere with or disrupt our network or other customers’ services
• Attempt to gain unauthorized access to our systems
• Use services to send spam, malware, or unsolicited communications
• Violate intellectual property rights or privacy of others

4.3 Equipment Care

• You are responsible for the care and security of provided equipment
• Equipment must be returned upon service termination
• Damage or loss of equipment may result in replacement charges
• Only authorized personnel may install or modify equipment

5. Payment Terms

5.1 Pricing and Billing

• All prices are quoted in South African Rand (ZAR) and include VAT
• Monthly charges are billed in advance
• Pro-rata charges apply for partial months
• Prices may change with 30 days’ written notice

5.2 Payment Methods

• Payments accepted via EFT, debit order, credit card, or other approved methods
• Payment is due by the due date specified on your invoice
• Failed payments may result in service suspension
• Reconnection fees may apply after suspension

5.3 Deposits and Setup Fees

• Installation and setup fees may apply
• Deposits may be required based on credit assessment
• Deposits are refundable upon successful service termination
• All fees are non-refundable except as required by law

6. Service Levels and Performance

6.1 Network Performance

• We aim to provide reliable service but cannot guarantee 100% uptime
• Speeds advertised are “up to” speeds and may vary based on various factors
• Network maintenance may temporarily affect service availability
• Performance may be impacted by factors beyond our control

6.2 Support and Maintenance

• Technical support is available during business hours
• Emergency support available for critical issues
• Planned maintenance will be notified in advance where possible
• We reserve the right to perform emergency maintenance without notice

7. Consumer Rights (Consumer Protection Act)

7.1 Right to Information

• You have the right to receive information about services in plain language
• Service terms and conditions will be clearly explained
• You will receive written confirmation of your service agreement
• Pricing and billing information will be transparent

7.2 Right to Fair Terms

• Agreement terms are fair, reasonable, and just
• We will not impose unreasonable conditions or penalties
• Your consumer rights cannot be waived or diminished
• Dispute resolution procedures are available

7.3 Cooling-Off Period

• Direct marketing sales are subject to a 5-day cooling-off period
• You may cancel within 5 days without penalty for direct marketing sales
• Standard installations initiated by you are not subject to cooling-off periods
• Cancellation must be provided in writing

8. Contract Duration and Termination

8.1 Contract Terms

• Services are provided on month-to-month basis unless otherwise specified
• Fixed-term contracts are available with specific terms and conditions
• Automatic renewal occurs unless 20 business days’ notice is provided
• Early termination of fixed-term contracts may incur penalties

8.2 Termination by Customer

• Month-to-month services: 20 business days’ written notice required
• Fixed-term contracts: Subject to early termination fees
• All outstanding amounts must be paid upon termination
• Equipment must be returned in good condition

8.3 Termination by Starcast Technologies

We may terminate services if:

• Non-payment of amounts due
• Breach of these Terms or acceptable use policy
• Provision of false or misleading information
• Illegal use of services

9. Limitation of Liability

9.1 Service Availability

• We are not liable for service interruptions due to force majeure
• No liability for third-party content or services accessed through our network
• Limited liability for consequential or indirect damages
• Liability limited to direct damages actually suffered

9.2 Maximum Liability

• Our maximum liability is limited to one month’s service fees
• No liability for business losses, loss of profits, or data loss
• Exclusions do not apply where prohibited by consumer protection law
• Nothing limits liability for death, personal injury, or fraud

10. Privacy and Data Protection

10.1 Personal Information

• We collect and process personal information in accordance with POPIA
• Personal information is used for service provision and billing
• We may share information as required by law or regulation
• You have rights to access and correct your personal information

10.2 Usage Data

• We may monitor network usage for service improvement
• Traffic data may be used for billing and technical purposes
• Personal communications are not monitored except as required by law
• Data is retained in accordance with regulatory requirements

11. Intellectual Property

11.1 Our Rights

• All trademarks, logos, and content are owned by Starcast Technologies or licensors
• Software and systems remain our intellectual property
• No license is granted to use our intellectual property
• Reverse engineering of our systems is prohibited

11.2 Your Content

• You retain ownership of content you transmit through our services
• You grant us license to transmit and route your content
• You are responsible for ensuring you have rights to transmit content
• We may remove content that violates these Terms

12. Regulatory Compliance

12.1 ICASA Regulations

• Services are provided by Starcast Technologies under ICASA license conditions
• We comply with all applicable telecommunications regulations
• Customers must comply with equipment type approval requirements
• Emergency services access is provided as required by regulation

12.2 Lawful Interception

• We comply with lawful interception requirements
• Assistance to law enforcement is provided as legally required
• Customer privacy is protected within legal requirements
• No notification is provided when legally prohibited

13. Dispute Resolution

13.1 Internal Complaints

• Complaints should first be directed to our customer service
• We aim to resolve complaints within 15 business days
• Escalation procedures are available for unresolved issues
• Written responses will be provided for formal complaints

13.2 External Dispute Resolution

• Unresolved disputes may be referred to ICASA
• Consumer complaints may be lodged with the National Consumer Commission
• Telecommunications-specific disputes fall under ICASA jurisdiction
• Alternative dispute resolution is available

13.3 Legal Proceedings

• These Terms are governed by South African law
• South African courts have exclusive jurisdiction
• Any legal action must be instituted within prescribed time limits
• Nothing prevents urgent interim relief applications

14. Force Majeure

We are not liable for delays or failures in performance due to:

• Natural disasters, severe weather, or acts of God
• Government actions, regulatory changes, or legal restrictions
• Labor strikes, civil unrest, or terrorism
• Infrastructure failures beyond our reasonable control
• Pandemic, epidemic, or public health emergencies

15. General Provisions

15.1 Entire Agreement

• These Terms constitute the entire agreement between parties
• No other terms apply unless specifically agreed in writing
• Sales representative statements do not modify these Terms
• Amendments must be in writing and signed by authorized representatives

15.2 Severability

• If any provision is found invalid, the remainder remains in force
• Invalid provisions will be interpreted to give maximum legal effect
• The agreement will continue to operate without invalid provisions
• Fundamental terms cannot be severed without voiding the agreement

15.3 Assignment

• We may assign these Terms and your service agreement
• You may not assign your rights without our written consent
• Assignment includes transfer to affiliated companies
• Notification will be provided for assignment affecting service delivery

15.4 Notices

• Notices must be in writing and delivered to your last known address
• Email notifications are acceptable for routine communications
• Legal notices require physical delivery or registered mail
• You must notify us promptly of address changes

16. Contact Information