Terms and Conditions

Terms and Conditions

Teljoy has rented to the customer, who has hired, the equipment described herein on the standard Teljoy terms and conditions set out on the pages below. The customer acknowledges that the subscriber application information that he / she provided to Film Fun and which is stored electronically is true and correct.

WARNING: Equipment rented requiring electricity will be connected to the customer’s electricity supply during installation & should not be interfered with as this may cause death or serious injury to anyone in contact with the equipment at the time or later if the interference results in an electrical fire.

Equipment rented requiring gas will initially be connected to the customer’s gas supply, after which it is the customer’s sole responsibility to ensure that the connection to the gas supply is safe as an unsafe connection may cause death or serious injury if the gas leaks or combusts.

Equipment rented for the use of babies or children, such as perambulators, cots, car seats and the like require the customer to disassemble uninstall and reassemble or reinstall the equipment from time to time. The customer must ensure that the equipment is reassembled or reinstalled in a safe and competent manner – failing to do so may cause death or serious injury to the child or others.

The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.

Where a Teljoy representative does a demonstration for the customer or attends to the installation or set up of any equipment, the customer acknowledges that this is done as a courtesy and the customer shall at all times remain responsible for ensuring that the equipment is and at all times remains fit for purpose and is used safely and responsibly and in accordance with the manufacturer’s instructions and directions.

WAIVER: Teljoy will deliver equipment in good working order. Thereafter, the customer is required to take care of and prevent any harm to the equipment (particularly plugs and electrical cables) in order to prevent damage to property, serious injury or death.

Accordingly, the customer indemnifies Teljoy against any claims arising from the use or abuse of the equipment unless the damage has been caused by the intentional or grossly negligent actions or omissions of the directors, officers, agents or employees of Teljoy.

The customer specifically acknowledges and agrees that Teljoy will not be responsible for any loss or damage to person or property that might arise out of the installation, set up or use of the equipment forming the subject matter hereof.

Terms and Conditions of Rental

  1. Definitions

    1. “Agreement” means this Teljoy Rental Agreement, including any relevant annexures
    2. “Customer” means the person renting the Equipment from Teljoy.
    3. “Equipment” means the Equipment rented from Teljoy as described above, and as may be further specified hereinafter in the Equipment List, and any Equipment substituted for that Equipment from time to time.
    4. “Teljoy” means Film Fun Holdings (Pty) Ltd and its successors in title or assigns
  2. Letting, Duration & Ownership

    1. Teljoy hereby rents the Equipment to the Customer, who rents the Equipment from Teljoy on a monthly basis, from the date that it is installed until either Teljoy or the Customer gives 30 (thirty) days written notice of termination to the other.
    2. The Customer recognises that Teljoy is entitled to assess its existence, details and propensity to pay and accordingly consents to Teljoy accessing relevant databases for the purposes of assessing this and to Teljoy providing information to such databases on the Customer’s propensity to pay monies due to Teljoy.
    3. Teljoy is the owner of the Equipment and will remain the owner of the Equipment during the period of this agreement and afterwards.
    4. Upon termination of this rental agreement for any reason whatsoever, the Customer shall be obliged to return the Equipment to Teljoy, together with all accessories and manuals set out in the Equipment List, in good working order – fair wear and tear excepted.
    5. Should the Customer fail to provide the Equipment are required above or should the condition of the Equipment retuned not meet the required standard set out above, Teljoy will be entitled to charge the customer for replacement or relevant repair of the Equipment at a reasonable cost to be determined by Teljoy in its absolute discretion.
  3. Delivery & Acceptance

    1. Teljoy will deliver the Equipment to the Customer at the installation address specified above as soon as is reasonably possible.
    2. Teljoy reserves the right to charge a reasonable collection and administration fee for collecting the Equipment if the rental is terminated prior the elapse of six months from the date of installation. This fee is agreed to be an amount of R500.
    3. Neither Teljoy nor its authorized installers shall be required to move existing non-Teljoy equipment other than is required in order to install the Teljoy Equipment.
    4. If the Customer installs or reinstalls the Equipment him or herself, whether with or without Teljoy’s consent, then such installation is done at the Customer’s risk and Teljoy shall be entitled to impose a surcharge for any damage or unnecessary call-outs as per 6.2 below.
    5. If a staff member or family member at the delivery address signs Teljoy’s delivery note, such signature shall be as if the Customer had signed.
    6. If the installation address is more than 50km from Teljoy’s nearest branch, depot or agent, the Customer acknowledges that the following will apply:
      1. Teljoy may, in its sole discretion, require the Customer to deliver/collect faulty appliances to a service point ("out of service area") nominated by Teljoy, and
      2. Where Teljoy does, in its discretion, arrange in-home service, such service will normally take place within five business days, and
      3. The costs of delivering the Equipment to or collecting the Equipment from the designated Teljoy service point is for the Customer’s account.
  4. Rentals

    1. All monthly rentals will be paid on or before the first day of each calendar month after the date of delivery.
    2. The pro-rata payment for any period from delivery to the end of that month will, depending on the date of delivery, be collected with the first month’s rental, alternatively by separate debit order.
    3. Teljoy may, in its discretion increase the monthly rental payable by no more than 10% in any one year.
    4. Teljoy may, in its discretion, decrease the monthly rental payable from time to time, whereafter the provisions of 4.3 shall apply to the lower rental.
  5. Payment

    1. All payments due by the Customer to Teljoy will be made, without deduction or set-off, by means of a debit order on the Customer’s bank account.
    2. li If the Customer changes banks, Teljoy cedes this agreement or banking regulations change, the Customer agrees to sign a new debit order mandate.
    3. Payment will only be deemed to be made if the debit order is not returned.
    4. The computer accounts or a certificate signed by the financial manager of Teljoy, whose appointment need not be proved, will be prima facie proof of all monies due by the Customer to Teljoy.
    5. All amounts due will bear value added tax at the applicable rate from time to time.
    6. Teljoy May debit the Customer’s account with an administration fee of up to R50 if the debit order is returned unpaid and an administration fee of up to R50 per month if no debit order is in place.
  6. Maintenance

    1. For as long as the Customer complies strictly with these Terms and Conditions of Rental, Teljoy will maintain the Equipment in good working order and repair, or if necessary, substitute the Equipment with equivalent Equipment.
    2. Teljoy may impose a surcharge if:
      1. The Customer booked a service call, but the fault was due to the Equipment not being turned on, not being tuned in or connected to the antenna; or
      2. The Customer insists on an after-hours service call or is unable to provide access to the Equipment for the technician at the agreed time.
      3. The Customer has booked a service call as a result of flat batteries in a remote control or where the remote control was damaged by the Customer.
      4. The location of the Equipment falls outside of the area specified in paragraph 3.6 above and Teljoy agrees to provide service.
    3. The Customer may not:
      1. Use the Equipment for any purpose for which it is not commonly intended;
      2. Use the Equipment for any business purpose;
      3. Sell, donate or otherwise alienate the Equipment, nor allow them to be attached in terms of any lien or hypothec;
      4. Cede or transfer any rights to the Equipment;
      5. Deny Teljoy’s agents or employees reasonable access to the Equipment;
      6. Tamper with the Equipment or allow anyone else to tamper with, repair, alter, modify, adjust or service the Equipment;
      7. Relocate the Equipment to a place other than the installation address without notifying Teljoy.
    4. Notwithstanding Teljoy’s maintenance obligations, the customer is responsible to protect the Equipment and ensure that it is used safely and is safe for use at all times. Any repairs or damage arising from or attributed to such improper or unsafe use shall be for the Customer’s account.
  7. Risk Waiver

    1. Teljoy, being the owner of the Equipment, hereby elects to retain the risk of loss or damage to the Equipment, other than in the following instances, in which events the Customer will be liable to compensate Teljoy for the loss of or damage to the Equipment:
      1. Where the Customer is in arrears with any rental payment due;
      2. Where the Equipment was stolen without forced entry to the installation address;
      3. Where the Equipment was stolen and the Customer cannot prove that the theft was reported to the SAPS within forty-eight hours.
      4. Where the Customer was negligent in securing the Equipment or the installation address;
      5. Where the Equipment was damaged intentionally or as a result of gross negligence on the part of the Customer.
      6. In the event that a remote control device is lost or damaged.
      7. Where the Equipment is of a portable nature and the Equipment is:-
        1. Lost or stolen from premises other than those at the installation address;
        2. Damaged by being dropped, thrown or making contact with a hard object or being immersed in water or other liquids;
        3. Caused to the screen of the Equipment.
  8. Television Licences

    1. Teljoy is currently required, by law, to pay a lessor licence to the SABC in respect of the television sets rented by Teljoy to Teljoy’s Customers.
    2. Where Teljoy has paid such a lessor licence to the SABC, the Customer is exempted from its obligation to be in possession of a television licence.
    3. Teljoy is required by law to provide certain of the Customer’s details to the SABC from time to time. To this end, the Customer agrees to advise Teljoy of any changes to its details and to inform Teljoy as to whether it uses a television set rented from Teljoy for domestic household purposes or for business purposes.
    4. In the event that the law is amended to the detriment of Teljoy, Teljoy may amend the monthly rental amount to place Teljoy in the same position after the amendment.
  9. Breach

    1. Without prejudice to any other claims and remedies that Teljoy may have against the Customer, Teljoy may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of seven days from the date upon which the breach first occurred.
  10. General

    1. In the event that the Customer has concluded this agreement by means of signing this document, then these Terms and Conditions of Rental, together with the appendices hereto, constitute the sole record of the agreement between Teljoy and the Customer with regard to the Equipment, and Teljoy shall not be bound by any representation, warranty, or implied term not recorded herein.
    2. In the event that the Customer has concluded this agreement by means of an oral contract, recorded on Teljoy or Teljoy’s agents’ call-recording system, then these Terms and Conditions of Rental, together with the appendices hereto and the aforementioned recording constitute the sole record of the agreement between Teljoy and the Customer with regard to the Equipment, and Teljoy shall not be bound by any representation, warranty, or implied term not recorded herein.
    3. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Teljoy. No indulgence which Teljoy may grant to a Customer shall constitute a waiver of any of Teljoy’s rights.
    4. Teljoy may, without notice, cede and assign its rights and obligations under this agreement, including its rights of ownership in the Equipment, either absolutely or as collateral security to any person, whereupon the Customer shall hold the Equipment on behalf of such person instead of Teljoy and, if required, make the monthly rental payments to that person.
    5. The Customer may not cede its rights or obligations in terms of this agreement without Teljoy’s prior written consent.
    6. Teljoy will deliver equipment in good working order. Thereafter, the customer is required to take care of and prevent any harm to the equipment (particularly plugs and electrical cables) in order to prevent damage to property, serious injury or death. Accordingly, the customer indemnifies Teljoy against any claims arising from the use or abuse of the equipment unless the damage has been caused to a consumer by the intentional or grossly negligent actions or omissions of the directors, officers, agents or employees of Teljoy
    7. The Customer hereby indemnifies Teljoy against any loss, injury or damage suffered by Teljoy arising out of or in connection with the Customer’s use of the Equipment from whatever cause and against any claims of whatever nature that may be instituted against Teljoy arising from the use of the Equipment and any consequential loss or damage arising from the aforegoing.
  11. Personal Information

    1. The customer acknowledges that Teljoy will store, process and use the customer’s personal information in order for Teljoy to comply with the terms of this Agreement. Such information includes, but is not limited to the customer’s addresses and contact details, identity number, banking details, employment and financial information, demographic information and credit history.
    2. The customer further agrees to Teljoy storing, processing and using the customer’s personal information for, inter alia, the following purposes:
      1. Marketing Teljoy and Teljoy’s affiliates’ current and future products to the customer from time to time;
      2. Analysing customer data and trends from time to time itself and with the assistance of service providers;
      3. Reporting information on the customer and the manner in which the customer conducts its account to credit bureaux and other similar organisations from time to time
  12. Product Specific Terms and Conditions

    1. Electrical Equipment
      1. Equipment rented requiring electricity will be connected to the customer’s electricity supply during installation & should not be interfered with as this may cause death or serious injury to anyone in contact with the equipment at the time or later if the interference results in an electrical fire. Where the connection to the electricity supply requires more than 'plugging the appliance in' any electrical work or certificate of compliance must first be done by the customer at the customer's cost.
      2. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
    2. Gas-powered Equipment
      1. Equipment rented requiring gas will initially be connected to the customer’s gas supply, after which it is the customer’s sole responsibility to ensure that the connection to the gas supply is safe as an unsafe connection may cause death or serious injury if the gas leaks or combusts.
      2. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      3. Teljoy is not responsible for the cost or installation of gas lines, gas cylinders or the connection of the Equipment to any gas line or gas cylinder.
    3. Audio-Visual Equipment
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for the cost or installation of aerials, wall brackets, satellite dishes and the like, unless these form part of the Equipment;
    4. Computers and Tablets
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for any loss of software or data caused by a failure of any computer or tablet or any action taken by or on behalf of Teljoy to repair or replace any defective computer or tablet. The customer is advised to regularly back up all data and software.
      3. Teljoy is not responsible for the cost of repairing or replacing any such equipment where the repair or cause of the replacement is a crack or physical damage to the screen of the unit.
      4. Teljoy shall not be responsible for any costs related to the upgrading, replacement or licensing of any software loaded onto the computer or tablet and the customer shall be fully responsible and liable for any software additions, changes and upgrades.
    5. Kitchen Appliances
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for the cost or installation of any plumbing or electrical connections required to make kitchen appliances or features of such kitchen appliances function. The customer must ensure that any such connections are available prior to delivery by Teljoy.
    6. Furniture
      1. The customer shall be obliged to use only those cleaning materials and substances specifically identified as safe for use in the specifications, instructions and directions laid out by the manufacturer of such furniture.
    7. Baby-goods
      1. Equipment rented for the use of babies or children, such as perambulators, cots, car seats and the like require the customer to disassemble uninstall and reassemble or reinstall the equipment from time to time. The customer must ensure that the equipment is reassembled or reinstalled in a safe and competent manner – failing to do so may cause death or serious injury to the child or others.
      2. Where a Teljoy representative does a demonstration for the customer or attends to the installation or set up of any equipment, the customer acknowledges that this is done as a courtesy and the customer shall at all times remain responsible for ensuring that the equipment is and at all times remains fit for purpose and is used safely and responsibly and in accordance with the manufacturer’s instructions and directions
  13. Advertising disclaimer for Rental

    1. The following asterisks indicate the various payment options:
      1. * Ownership option after 36 months.
      2. ** Ownership option after 24 months.
      3. *** Ownership option after 12 months.
      4. **** Ownership option after 48 months.
    2. All prices in South African Rands.
    3. E&EO.
    4. Promotional pricing is not valid for already discounted deals.
    5. TV licence included with all TV sets.
    6. Rates include VAT and risk cover.
    7. Limited service areas apply.
    8. Offers valid while stocks last. Pictures shown may vary from products in stock.
    9. ID, one month’s bank statement and latest pay slip required to apply.
    10. Free gifts are not covered as part of the rental agreement and therefore will not enjoy the same benefits such as risk, maintenance or the ability to upgrade the product.
  14. OPTION AGREEMENT – RENT TO OWN

    1. Teljoy has granted to the Customer the option to purchase from Teljoy the Equipment which is the subject matter of and are specified in a monthly Rental Agreement, between Teljoy and the Customer relating to the goods (‘the Monthly Rental Agreement’).
    2. The said option may be exercised by the customer at any time after the lapse of 36 (Thirty-six) calendar month(s) from the date hereof, provided that at the time of any such exercise of the option, the Monthly Rental Agreement is still in force and the Customer is not then in breach of any term of the Monthly Rental Agreement.
    3. Should the customer wish to exercise the said option, it shall be entitled to do so by:
    4. Advising Teljoy, in writing, that it wishes to exercise the option, and
    5. Such advice to reach Teljoy before the 15th of the relevant month, to take effect from the first of the following month, and
    6. Making the payment referred to in paragraph 4 below.
    7. The purchase price of the Equipment shall be equal to the monthly rental payable in the 35th (thirty-fifth) month of the rental agreement, regardless of when the option is exercised.
    8. For the avoidance of doubt, if the customer does not exercise the option as soon as the customer is entitled to do so, the Monthly Rental Agreement shall continue to be of full force and effect until the earlier of: –
    9. The customer exercising the option at a later date, and
    10. Teljoy terminating the rental agreement, upon which termination the customer is required to return the equipment to Teljoy.
    11. On the termination of the Monthly Rental Agreement for whatever reason, the aforementioned option shall lapse and shall be of no further force or effect.
    12. The provisions of clause 10 of the rental agreement shall mutatis mutandis apply to this option.
    13. Upon the proper exercise of the Option and payment of the purchase price referred to in paragraph 3 above, ownership of the Equipment shall pass to the Customer.
    14. This document comprises the sole record of the Option, and Teljoy shall not be bound by any representation, warranty or implied term not recorded herein. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Teljoy. No indulgence which Teljoy may grant to a Customer shall constitute a waiver of any of Teljoy’s rights.
    15. Teljoy may, without notice assign its obligations under this Option any person to whom it assigns its rights and obligations under the Monthly Rental Agreement.

    VOETSTOETS: As the Equipment will not be new at the time of exercising the above option and the Customer will have been in possession of the Equipment for some time and fully aware of its function and condition, the purchase shall be on a ‘Voetstoets’ basis.’

    WAIVER: Teljoy will have maintained the Equipment in good working order during the term of the rental agreement. The Customer, in turn, was required to take care of and prevent any harm to the Equipment (particularly plugs and electrical cables) in order to prevent damage to property, serious injury or death. Accordingly, the Customer indemnifies Teljoy against any claims arising from the use or abuse of the Equipment unless the damage has been caused to a Consumer by the intentional or grossly negligent actions or omissions of the directors, officers, agents or employees of Teljoy.

Terms and Conditions of EasyFix

SERVICE AGREEMENT

Easyfix will provide Service for the Appliance/s described herein, in accordance with the terms and conditions set out on the pages subsequent to this page. The Customer acknowledges that the application information that he / she provided to Easyfix and which is stored electronically is true and correct.

TERMS AND CONDITIONS OF SERVICE

  1. Definitions

    1. “Ad hoc Fees” means Fees due by the Customer to Easyfix arising from repairs performed at the Customer’s request that fall outside of the ambit of Easyfix’s Service obligations and any other Fees or charges due in terms of this Agreement.
    2. “Agreement” means the agreement between Easyfix and the Customer for the Service by Easyfix of one or more Appliances belonging to the Customer, which agreement shall be governed by these terms and conditions as amended from time to time.
    3. “Annual Maximum Limit” means the number of repairs per Appliance per annum that Easyfix is required to affect, which limit is currently set at 2 (two) repairs per annum.
    4. “Appliance Maximum Repair Value Limit” means the Repair Value per Appliance set by Easyfix from time to time that represents the maximum amount that Easyfix will be obliged to expend on an Appliance per call-out.
    5. “Appliance/s” means a consumer electronic appliance nominated by a Customer for Service Cover in terms of this Agreement.
    6. “Audio-visual Appliances” means appliances generally used by consumers for audio-visual entertainment, such as televisions, decoders, home theatres and smart televisions, but excludes any item upon which the Customer can load software.
    7. “Beyond Economical Repair” means an Appliance that Easyfix believes will cost more to repair than the market value of the Appliance.
    8. “Customer” means the person who’s Appliance Easyfix has agreed to maintain on the terms and conditions set out in this Agreement.
    9. “Fee/s” or “Service Fee/s” means the fee payable by the Customer to Easyfix in consideration for Easyfix providing Service Services to the Customer, which fee may be per Appliance or for a number of Appliances and may be payable monthly or for a specific period.
    10. “ICT Appliances” means appliances generally used by consumers in the processing of data or communication, such as laptops, personal computers, tablet devices and smart phones.
    11. “In-home Service” means the despatch of a technician to the Customer’s home to repair or evaluate the repair of an Appliance and / or the removal of the Appliance from the Customer’s home for the purpose of repairing the Appliance.
    12. “Kitchen Appliances” means appliances generally found in consumers’ kitchens such as refrigerators, stoves, washing machines, tumble dryers and microwave ovens.
    13. “Loan Set” means an appliance performing a similar function to the Appliance but not necessarily the same make or size as the appliance that may be lent to the Customer by Easyfix while the Customer’s Appliance is being repaired i.e. standard Loan Sets are currently 32” LCD screens and 260l fridge-freezer units.
    14. “Service” means the performance of the necessary repairs to restore the Appliance/s to working order during the currency of this Agreement and “Maintain” shall have a similar meaning.
    15. “Service Product/s” means a matrix of maintenance services and bundles that Easyfix may offer from time to time permitting the Customer to nominate one or more Appliances to be maintained by Easyfix in consideration for the corresponding Fees.
    16. “Repair Value” means the commercial value of a repair and shall be calculated with reference to Easyfix’s standard labour rates from time to time (currently R450 (four hundred and fifty Rand) per hour and the list price of any parts and consumables required for a repair.
    17. “Schedule” means a print-out from Easyfix’s computer systems from time to time upon which the details of the Customer, the Appliance/s and the fees payable by the Customer to Easyfix are described.
    18. “Service Agent” means a sub-contractor to Easyfix that Easyfix has contracted to collect, deliver or repair an Appliance.
    19. “Service Area” means the area within a fifty (50) kilometre radius of each of Easyfix’s service agents from time to time.
    20. “Technical Failure” means a failure of a mechanical part of the Appliance due to latent defect or as a result of normal wear and tear.
    21. “Easyfix” means Film Fun Holdings (Pty) Ltd and its successors in title and assigns.
    22. “Waiting Period” means a period of three months from the inception of this Agreement or the addition of any new Appliance, during which Easyfix shall not be obliged to render Service Services other than telephonic support.
    23. “Year” means twelve calendar months from the beginning of the month in which the Service Agreement is signed, and then each subsequent period of twelve calendar months.
  2. Service Products

    1. Single Appliance Service
      1. The Customer may nominate an Appliance for Service against payment of the agreed Fee.
      2. Easyfix may, in its sole discretion, choose to accept or reject the Customer’s nomination.
    2. Multiple Appliance Service
      1. The Customer may nominate a number of Appliances for Service against payment of the agreed aggregate Fee for the type, size and number of the Appliances.
      2. Easyfix may, in its sole discretion, choose to accept or reject all or part of the Customer’s nomination.
    3. Loan Set Option
      1. Where made available by Easyfix, the Customer may elect to pay an additional agreed fee in order to ensure that Easyfix will provide a Loan Set to the Customer in the event that Easyfix needs to remove the designated Appliance from the Customer’s home in order to provide Service.
      2. This option will not be available in all areas or for all Appliances and may be amended from time to time by Easyfix in Easyfix’s sole and unfettered discretion.
    4. Additional Options
      1. Easyfix may, from time to time, add additional ancillary services to its Service Product offering and these terms and conditions will apply, mutatis mutandis.
    5. Information Required
      1. When nominating an Appliance, the Customer will be required to provide, inter alia, the following information: make, model, serial number and age of the Appliance/s.
      2. In the event that the information is incomplete or incorrect in any way and whether material or not, Easyfix shall not be required to provide Service Services and shall be entitled to cancel the Agreement upon notice to the Customer.
  3. Duration

    1. The Easyfix Service Product offering may provide the Customer with different options with regard to the duration of this Agreement, including but notlimited to: –
      1. A monthly Service offering whereby the agreement continues indefinitely subject to either Easyfix or the Customer terminating on one calendar months’ notice.
      2. An annual Service offering whereby the agreement continues indefinitely subject to either Easyfix or the Customer terminating on one calendar years’ notice.
      3. A fixed period Service offering whereby the agreement continues for an agreed period after which it continues indefinitely on a monthly basis subject to either Easyfix or the Customer terminating on one calendar months’ notice.
      4. Notwithstanding anything to the contrary, Easyfix may give one calendar months’ notice of termination to the Customer at any time.
  4. Service

    1. Easyfix hereby agrees to maintain the Appliance/s for the duration of this Agreement, subject to these terms and conditions and in particular the exclusions and exceptions set out therein.
    2. To this end, Easyfix will provide, at no additional cost to the Customer, labour and parts which Easyfix, in its sole discretion considers necessary to restore the appliance to working order following a Technical Failure to the maximum of the:
      1. Appliance Maximum Repair Value Limit, and
      2. Annual Maximum Limit.
    3. Easyfix’s obligation to Maintain the Appliance will be suspended for any period during which the Customer has not paid the requisite monthly or annual maintenance Fee/s.
    4. The Customer agrees to a three-month Waiting Period before Easyfix is required to provide Service Services on an Appliance.
    5. Easyfix will, however, provide telephonic support and assistance with manufacturers’ warranties during the first three months of this Agreement.
  5. Fees & Payment

    1. The first monthly Service Fee is payable in advance, with all subsequent monthly Service Fees being payable, in advance, on or before the first day of the following and subsequent calendar months.
    2. Easyfix may increase the monthly Service Fee on an annual basis by the greater of the Consumer Price Index for the previous year and ten percent, either on the anniversary of this Agreement or on a particular date each year.
    3. Annual Fees are payable annually in advance.
    4. Fixed period Service Fees are payable in full in advance of the agreed period.
    5. Ad-hoc Fees shall be paid to Easyfix by the Customer on request or, at Easyfix’s election, may be debited to the Customer’s bank account from time to time.
    6. All payments due by the Customer to Easyfix shall be made, without deduction or set-off by means of a debit order on the Customer’s bank account.
    7. If the Customer changes banks, Easyfix cedes this agreement or banking regulations change, the Customer agrees to sign a new debit order mandate.
    8. Payment will only have been made if the debit order is not returned, or in the event of a cheque or EFT, once the cheque or EFT has been honoured.
    9. The computer accounts of a certificate signed by the financial manager, subscriber manager or any director of Easyfix, whose appointment need not be proved, will be prima facie proof of all monies due by the Customer to Easyfix.
    10. All amounts due to Easyfix will bear value added tax at the applicable rate from time to time.
  6. Administration and Ad-hoc Fees

    1. Easyfix shall be entitled to debit the Customer’s account with the following administration Fees:
      1. A fee of R500 (five-hundred Rand) if a Easyfix Service Agent performs a service call but the repair obligation is excluded in terms of this Agreement, and particularly in the case of flat batteries or power failures.
      2. A fee of R500 (five hundred Rand) where access is denied to the Easyfix Service Agent notwithstanding that a time period for the in-home service has been arranged.
      3. A fee of R100 (One-hundred) on any returned debit order, dishonoured cheque or the like.
    2. Where the repair falls outside of Easyfix’s obligations in terms of this Agreement and the Customer requests Easyfix to attend to the repair anyway, Easyfix shall, in addition to any other fees payable, be entitled to debit the Customer’s account with the agreed cost of the repair quoted by Easyfix and accepted by the Customer.
  7. General Extensions and Exclusions

    1. The extensions and exclusions set out in this clause apply to all Appliances, regardless of the product category into which they fall.
    2. Easyfix’s Service obligation includes:-
      1. Email and telephonic access to Easyfix’s technical service call centre during office hours.
      2. Telephonic support and fault diagnosis.
      3. In-Home Service unless specified otherwise in the relevant product category or where the Customer’s home is outside of the Service Area.
      4. Physical repairs to the Appliance to correct a Technical Failure of the Appliance.
      5. Re-connection of any Appliance disconnected or removed for repair.
      6. A Loan Set provided the appropriate option has been chosen and Fee paid.
      7. A maximum of two (2) repairs per Appliance per annum, calculated from the inception of this Agreement.
      8. A Maximum Repair Value per event.
    3. Technical Failure excludes, inter alia, the following:-
      1. Any use of the Appliance for a purpose or duration for which it is not commonly intended to be used.
      2. Any use of the Appliance for commercial or business purposes.
      3. Any accident to, neglect, abuse or misuse of the Appliance, including missing parts or defective discs or other media.
      4. Moisture, water damage, corrosion, rust, or other environmental factors.
      5. Rodents, insects or other pestilence.
      6. Acts of God, including lightning.
      7. Electrical surge, including as a result of load shedding.
      8. Tampering with or repair by any non-Easyfix approved person.
    4. Easyfix’s Service obligation excludes: –
      1. The electricity supply to the Appliance, including the wiring from the plug socket to the Appliance.
      2. Cosmetic parts, such as the exterior of the Appliance or any cabinet containing the Appliance.
      3. Speakers, amplifiers, sub-woofers, clocks, pilot lights.
      4. Batteries globes, bulbs, filters or other consumable items.
      5. Any ancillary device connected to the Appliance such as a decoder, personal computer, games console, home theatre, external speakers, external hard drives etc.
      6. Routine cleaning of any moving parts such as DVD lasers or filters on dishwashers, tumble dryers and washing machines.
      7. Hand-held remote controls.
      8. Tuning or re-tuning of any appliance or ancillary appliance unless required as part of a repair.
      9. After-hours call-outs.
      10. Any interaction with Multichoice, Cellular Service Provider, or any other provider of content with regard to the connection of smart cards or account queries.
      11. The repair of any Appliance that is still under a manufacturer’s warranty or within ninety days after the manufacturer has affected a repair. Easyfix will, however, liaise with the manufacturer to assist the Customer in this regard.
      12. The repair of any Appliance subject to a manufacture or distributor recall.
      13. The repair of any Appliance not correctly listed in the Schedule.
      14. Defects that pre-date the inception of the Service Agreement that were known or should reasonably have been known to the Customer.
    5. The Customer agrees that Easyfix shall not be required to keep any parts removed from any Appliance separate, nor to provide any such parts to the Customer.
    6. If the Customer disputes whether a repair falls within one of the exclusions listed in this Agreement, then the dispute shall be referred to a qualified technician nominated by Easyfix, who shall act as an expert and whose decision shall be final and binding on Easyfix and the Customer.
    7. For the avoidance of doubt, Easyfix will not consider the following categories of Appliances:
      1. Appliances used for commercial purposes e.g. Pubs, conferences, advertising, cooking schools etc.
      2. Rear-screen projection televisions and other outmoded technology.
      3. Appliances that are more than eight years old (any appliance that is more than eight years old will automatically no longer form a part of this Agreement.
      4. Appliances that are “grey” or parallel imports and appliances that are not supported by the local representatives of imported appliances.
      5. Appliances situated outside the borders of the Republic of South Africa.
  8. Specific Exclusions

    1. The exclusions set out in this clause apply to all relevant Appliances and Appliance Categories, but are listed here under particular categories for ease of reference.
    2. Audio-visual Appliances – Service Excludes:-
      1. Service of any antennae, aerial, satellite dish, LNB or cabling to the Appliance.
      2. Any tapes, DVD’s or data stored on any hard drive or storage medium of any kind, it being acknowledged that repairs to hard drives / swap-outs of PVR devices are likely to result in recorded data and programmes being deleted.
    3. Kitchen Appliances – Service Excludes: –
      1. Plumbing required between the water supply of the home and the Appliance.
      2. Gas leaks in refrigerators or freezers, which in the opinion of Easyfix cannot be repaired. Light bulbs, glass shelves or icemakers in a refrigerator.
      3. Drain hoses and water supply hoses.
      4. Damage caused by foreign objects, blocked filters, pumps and drains.
      5. Damage caused by freezing.
    4. ICT Appliances – Service Excludes: –
      1. Software or data loss or corruption of any kind, whether due to viruses, malware or as a result of the Technical Fault, it being acknowledged that the Customer is obliged at all times to ensure that the Appliance is protected from viruses and other malware and that the Customer’s data is fully backed up.
      2. Reconstitution, retrieval, backing up or transferring any data on an appliance regardless of whether the fault relating to the device has deleted or corrupted data or that repairs to the appliance are likely to delete the data or where hard drives or other memory media need to be replaced.
      3. In-home Service where the appliance in question is of a portable nature such as a laptop, tablet, game console and the like; the Customer is required to bring such appliances to Easyfix’s nominated service agent.
  9. Service Levels

    1. The Customer is required to request maintenance (no later than 30 days after the fault becomes evident) by calling Easyfix’s call-centre during office hours and providing the call centre agent with, inter alia, the following details:
      1. The Service Contract number.
      2. Updated contact numbers and confirmation of physical address.
      3. The serial number of the Appliance that requires repair.
      4. A full description of the reason that the Appliance requires repair.
    2. Easyfix will endeavour to responds to a request for maintenance within a reasonable time of the request being received, which shall depend on the nature of the request, type of appliance, time of day that that request was received, service area and availability of appropriate.
    3. Where the Appliance is located outside of Easyfix’s Service Areas from time to time, In-home Service shall not apply and Service will instead be provided on a “Carry-in” basis. : –
    4. Easyfix will endeavour to repair the Appliance within a reasonable time after the initial response, but the repair time is dependent on the availability of spare parts.
    5. Easyfix shall not be obliged to repair any appliance which requires repair and in respect of which the Customer has requested Easyfix to do so where the necessary spare parts are not available or where, in the reasonable opinion of Easyfix, it is Beyond Economical Repair. In this event, Easyfix shall be entitled, but not obliged to: –
      1. Declare the Appliance to be Beyond Economical Repair, and
      2. Terminate its obligations in respect of that Appliance and the Customer’s obligation to pay Service Fees in respect of that Appliance (on a pro-rate basis in the case of a multiple Appliance product), and
      3. Compensate the Customer by paying to the Customer an amount equal to the lesser of the replacement value of the Appliance and six times the monthly premiums paid by the Customer on that Appliance.
  10. Breach

    1. Without prejudice to any other claims and remedies that Easyfix may have against the Customer, Easyfix may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of ten days from the date upon which Easyfix notified the Customer.
    2. Notification shall mean the dispatch by Easyfix of a notification, whether in the form of an email, SMS, telephone call or otherwise to such an address provided by the Customer to Easyfix from time to time.
  11. General

    1. The Customer is responsible for the procurement of all licenses or other compliance with any procedures required to use the Appliance, including but not limited to television licenses required under the Broadcasting Act and compliance with RICA.
    2. Due to the difficulty of estimating repair times and traffic conditions, it is not possible to give accurate estimates for response, repair or appointments. Accordingly, all times referred to in this agreement, including but not limited to response times, repair times and appointments shall be approximate estimates and the Customer agrees not to hold Easyfix liable for or to claim for any losses, particularly of a consequential or pure economic nature.
    3. If the Customer is not a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement.
    4. If the Customer is a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement unless such loss, damage or theft is proved to have arisen from the gross negligence of Easyfix or its appointed Service Agent.
    5. This Agreement, the Schedule and any appendices hereto, constitute the sole record of the agreement between Easyfix and the Customer with regard to the appliance, and Easyfix shall not be bound by any representation, warranty, or implied term not recorded herein.
    6. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Easyfix. No indulgence which Easyfix may grant to a Customer shall constitute a waiver of any of Easyfix’s rights.
    7. Easyfix may, without notice, cede and assign its rights and obligations under this agreement, either absolutely or as collateral security to any person or entity whereupon the Customer shall hold the Equipment on behalf of such person instead of Easyfix and, if required, make the maintenance payments to that person or entity.
    8. The Customer may not cede or assign his rights in terms of this agreement without the prior written consent of Easyfix.
    9. The Customer hereby indemnifies Easyfix against any loss or damage suffered by Easyfix arising out of or in connection with the Customer’s use of the Appliance/s from whatever cause and against any claims of whatever nature that may be instituted against Easyfix arising from the use of the Appliance/s and any consequential loss or damage arising from the foregoing.
    10. The customer recognizes that Easyfix is entitled to assess its existence, details and propensity to pay and accordingly consents to Easyfix accessing relevant databases for the purposes of assessing this and to Easyfix providing information to such databases on the Customer’s propensity to pay monies due to Easyfix.
    11. Easyfix shall be entitled to amend this Service Agreement by giving 30 (thirty) days’ notice by email or post to the Customer’s last known address.


  12. Advertising disclaimer

    1. All prices in South African Rands.
    2. E&EO.
    3. Promotional pricing is not valid foWhere the Customer is in arrears with any rental payment due; Where the Equipment was stolen without forced entry to the installation address; Where the Equipment was stolen and the Customer cannot prove that the theft was reported to the SAPS within forty-eight hours. Where the Customer was negligent in securing the Equipment or the installation address; Where the Equipment was damaged intentionally or as a result of gross negligence on the part of the Customer. In the event that a remote control device is lost or damaged.
  13. Use the Equipment for any purpose for which it is not commonly intended;
  14. Use the Equipment for any business purpose;
  15. Sell, donate or otherwise alienate the Equipment, nor allow them to be attached in terms of any lien or hypothec;
  16. Cede or transfer any rights to the Equipment;
  17. Deny Teljoy’s agents or employees reasonable access to the Equipment;
  18. Tamper with the Equipment or allow anyone else to tamper with, repair, alter, modify, adjust or service the Equipment;
  19. Relocate the Equipment to a place other than the installation address without notifying Teljoy.
  1. Notwithstanding Teljoy’s maintenance obligations, the customer is responsible to protect the Equipment and ensure that it is used safely and is safe for use at all times. Any repairs or damage arising from or attributed to such improper or unsafe use shall be for the Customer’s account.
  • Risk Waiver

    1. Teljoy, being the owner of the Equipment, hereby elects to retain the risk of loss or damage to the Equipment, other than in the following instances, in which events the Customer will be liable to compensate Teljoy for the loss of or damage to the Equipment:
      1. Where the Customer is in arrears with any rental payment due;
      2. Where the Equipment was stolen without forced entry to the installation address;
      3. Where the Equipment was stolen and the Customer cannot prove that the theft was reported to the SAPS within forty-eight hours.
      4. Where the Customer was negligent in securing the Equipment or the installation address;
      5. Where the Equipment was damaged intentionally or as a result of gross negligence on the part of the Customer.
      6. In the event that a remote control device is lost or damaged.
      7. Where the Equipment is of a portable nature and the Equipment is:-
        1. Lost or stolen from premises other than those at the installation address;
        2. Damaged by being dropped, thrown or making contact with a hard object or being immersed in water or other liquids;
        3. Caused to the screen of the Equipment.
    2. Where the risk has been retained by Teljoy, Teljoy will replace the Equipment as soon as reasonably possible with similar Equipment, or by agreement with the Customer, terminate the rental.
    3. Where the risk has passed to the Customer, the Customer shall first compensate Teljoy for the loss before Teljoy is obliged to replace the Equipment, and the Customer shall continue to pay the monthly rental.
  • Television Licences

    1. Teljoy is currently required, by law, to pay a lessor licence to the SABC in respect of the television sets rented by Teljoy to Teljoy’s Customers.
    2. Where Teljoy has paid such a lessor licence to the SABC, the Customer is exempted from its obligation to be in possession of a television licence.
    3. Teljoy is required by law to provide certain of the Customer’s details to the SABC from time to time. To this end, the Customer agrees to advise Teljoy of any changes to its details and to inform Teljoy as to whether it uses a television set rented from Teljoy for domestic household purposes or for business purposes.
    4. In the event that the law is amended to the detriment of Teljoy, Teljoy may amend the monthly rental amount to place Teljoy in the same position after the amendment.
  • Breach

    1. Without prejudice to any other claims and remedies that Teljoy may have against the Customer, Teljoy may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of seven days from the date upon which the breach first occurred.
  • General

    1. In the event that the Customer has concluded this agreement by means of signing this document, then these Terms and Conditions of Rental, together with the appendices hereto, constitute the sole record of the agreement between Teljoy and the Customer with regard to the Equipment, and Teljoy shall not be bound by any representation, warranty, or implied term not recorded herein.
    2. In the event that the Customer has concluded this agreement by means of an oral contract, recorded on Teljoy or Teljoy’s agents’ callrecording system, then these Terms and Conditions of Rental, together with the appendices hereto and the aforementioned recording constitute the sole record of the agreement between Teljoy and the Customer with regard to the Equipment, and Teljoy shall not be bound by any representation, warranty, or implied term not recorded herein.
    3. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Teljoy. No indulgence which Teljoy may grant to a Customer shall constitute a waiver of any of Teljoy’s rights.
    4. Teljoy may, without notice, cede and assign its rights and obligations under this agreement, including its rights of ownership in the Equipment, either absolutely or as collateral security to any person, whereupon the Customer shall hold the Equipment on behalf of such person instead of Teljoy and, if required, make the monthly rental payments to that person.
    5. The Customer may not cede its rights or obligations in terms of this agreement without Teljoy’s prior written consent.
    6. Teljoy will deliver equipment in good working order. Thereafter, the customer is required to take care of and prevent any harm to the equipment (particularly plugs and electrical cables) in order to prevent damage to property, serious injury or death. Accordingly, the customer indemnifies Teljoy against any claims arising from the use or abuse of the equipment unless the damage has been caused to a consumer by the intentional or grossly negligent actions or omissions of the directors, officers, agents or employees of Teljoy
    7. The Customer hereby indemnifies Teljoy against any loss, injury or damage suffered by Teljoy arising out of or in connection with the Customer’s use of the Equipment from whatever cause and against any claims of whatever nature that may be instituted against Teljoy arising from the use of the Equipment and any consequential loss or damage arising from the aforegoing.
  • Personal Information

    1. The customer acknowledges that Teljoy will store, process and use the customer’s personal information in order for Teljoy to comply with the terms of this Agreement. Such information includes, but is not limited to the customer’s addresses and contact details, identity number, banking details, employment and financial information, demographic information and credit history.
    2. The customer further agrees to Teljoy storing, processing and using the customer’s personal information for, inter alia, the following purposes:
      1. Marketing Teljoy and Teljoy’s affiliates’ current and future products to the customer from time to time;
      2. Analysing customer data and trends from time to time itself and with the assistance of service providers;
      3. Reporting information on the customer and the manner in which the customer conducts its account to credit bureaux and other similar organisations from time to time
  • Product Specific Terms and Conditions

    1. Electrical Equipment
      1. Equipment rented requiring electricity will be connected to the customer’s electricity supply during installation & should not be interfered with as this may cause death or serious injury to anyone in contact with the equipment at the time or later if the interference results in an electrical fire.
      2. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
    2. Gas-powered Equipment
      1. Equipment rented requiring gas will initially be connected to the customer’s gas supply, after which it is the customer’s sole responsibility to ensure that the connection to the gas supply is safe as an unsafe connection may cause death or serious injury if the gas leaks or combusts.
      2. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      3. Teljoy is not responsible for the cost or installation of gas lines, gas cylinders or the connection of the Equipment to any gas line or gas cylinder.
    3. Audio-Visual Equipment
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for the cost or installation of aerials, wall brackets, satellite dishes and the like, unless these form part of the Equipment;
    4. Computers and Tablets
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for any loss of software or data caused by a failure of any computer or tablet or any action taken by or on behalf of Teljoy to repair or replace any defective computer or tablet. The customer is advised to regularly back up all data and software.
      3. Teljoy is not responsible for the cost of repairing or replacing any such equipment where the repair or cause of the replacement is a crack or physical damage to the screen of the unit.
      4. Teljoy shall not be responsible for any costs related to the upgrading, replacement or licensing of any software loaded onto the computer or tablet and the customer shall be fully responsible and liable for any software additions, changes and upgrades.
    5. Kitchen Appliances
      1. The customer shall be obliged to use any and all equipment and accessories strictly in accordance with the specifications, instructions and directions laid out by the manufacturer of such equipment.
      2. Teljoy is not responsible for the cost or installation of any plumbing or electrical connections required to make kitchen appliances or features of such kitchen appliances function. The customer must ensure that any such connections are available prior to delivery by Teljoy.
    6. Furniture
      1. The customer shall be obliged to use only those cleaning materials and substances specifically identified as safe for use in the specifications, instructions and directions laid out by the manufacturer of such furniture.
    7. Baby-goods
      1. Equipment rented for the use of babies or children, such as perambulators, cots, car seats and the like require the customer to disassemble uninstall and reassemble or reinstall the equipment from time to time. The customer must ensure that the equipment is reassembled or reinstalled in a safe and competent manner – failing to do so may cause death or serious injury to the child or others.
      2. Where a Teljoy representative does a demonstration for the customer or attends to the installation or set up of any equipment, the customer acknowledges that this is done as a courtesy and the customer shall at all times remain responsible for ensuring that the equipment is and at all times remains fit for purpose and is used safely and responsibly and in accordance with the manufacturer’s instructions and directions
  • Advertising disclaimer for Rental

    1. The following asterisks indicate the various payment options:
      1. * Ownership option after 36 months.
      2. ** Ownership option after 24 months.
      3. *** Ownership option after 12 months.
      4. **** Ownership option after 48 months.
    2. All prices in South African Rands.
    3. E&EO.
    4. Promotional pricing is not valid for already discounted deals.
    5. TV licence included with all TV sets.
    6. Rates include VAT and risk cover.
    7. Limited service areas apply.
    8. Offers valid while stocks last. Pictures shown may vary from products in stock.
    9. ID, one month’s bank statement and latest pay slip required to apply.
    10. Free gifts are not covered as part of the rental agreement and therefore will not enjoy the same benefits such as risk, maintenance or the ability to upgrade the product.
  • OPTION AGREEMENT – RENT TO OWN

    1. Teljoy has granted to the Customer the option to purchase from Teljoy the Equipment which is the subject matter of and are specified in a monthly Rental Agreement, between Teljoy and the Customer relating to the goods (‘the Monthly Rental Agreement’).
    2. The said option may be exercised by the customer at any time after the lapse of 36 (Thirty-six) calendar month(s) from the date hereof, provided that at the time of any such exercise of the option, the Monthly Rental Agreement is still in force and the Customer is not then in breach of any term of the Monthly Rental Agreement.
    3. Should the customer wish to exercise the said option, it shall be entitled to do so by:
    4. Advising Teljoy, in writing, that it wishes to exercise the option, and
    5. Such advice to reach Teljoy before the 15th of the relevant month, to take effect from the first of the following month, and
    6. Making the payment referred to in paragraph 4 below.
    7. The purchase price of the Equipment shall be equal to the monthly rental payable in the 35th (thirty-fifth) month of the rental agreement, regardless of when the option is exercised.
    8. For the avoidance of doubt, if the customer does not exercise the option as soon as the customer is entitled to do so, the Monthly Rental Agreement shall continue to be of full force and effect until the earlier of: –
    9. The customer exercising the option at a later date, and
    10. Teljoy terminating the rental agreement, upon which termination the customer is required to return the equipment to Teljoy.
    11. On the termination of the Monthly Rental Agreement for whatever reason, the aforementioned option shall lapse and shall be of no further force or effect.
    12. The provisions of clause 10 of the rental agreement shall mutatis mutandis apply to this option.
    13. Upon the proper exercise of the Option and payment of the purchase price referred to in paragraph 3 above, ownership of the Equipment shall pass to the Customer.
    14. This document comprises the sole record of the Option, and Teljoy shall not be bound by any representation, warranty or implied term not recorded herein. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Teljoy. No indulgence which Teljoy may grant to a Customer shall constitute a waiver of any of Teljoy’s rights.
    15. Teljoy may, without notice assign its obligations under this Option any person to whom it assigns its rights and obligations under the Monthly Rental Agreement.

    VOETSTOETS: As the Equipment will not be new at the time of exercising the above option and the Customer will have been in possession of the Equipment for some time and fully aware of its function and condition, the purchase shall be on a ‘Voetstoets’ basis.’

    WAIVER: Teljoy will have maintained the Equipment in good working order during the term of the rental agreement. The Customer, in turn, was required to take care of and prevent any harm to the Equipment (particularly plugs and electrical cables) in order to prevent damage to property, serious injury or death. Accordingly, the Customer indemnifies Teljoy against any claims arising from the use or abuse of the Equipment unless the damage has been caused to a Consumer by the intentional or grossly negligent actions or omissions of the directors, officers, agents or employees of Teljoy.

    Terms and Conditions of EasyFix

    SERVICE AGREEMENT

    Easyfix will provide Service for the Appliance/s described herein, in accordance with the terms and conditions set out on the pages subsequent to this page. The Customer acknowledges that the application information that he / she provided to Easyfix and which is stored electronically is true and correct.

    TERMS AND CONDITIONS OF SERVICE

    1. Definitions

      1. “Ad hoc Fees” means Fees due by the Customer to Easyfix arising from repairs performed at the Customer’s request that fall outside of the ambit of Easyfix’s Service obligations and any other Fees or charges due in terms of this Agreement.
      2. “Agreement” means the agreement between Easyfix and the Customer for the Service by Easyfix of one or more Appliances belonging to the Customer, which agreement shall be governed by these terms and conditions as amended from time to time.
      3. “Annual Maximum Limit” means the number of repairs per Appliance per annum that Easyfix is required to affect, which limit is currently set at 2 (two) repairs per annum.
      4. “Appliance Maximum Repair Value Limit” means the Repair Value per Appliance set by Easyfix from time to time that represents the maximum amount that Easyfix will be obliged to expend on an Appliance per call-out.
      5. “Appliance/s” means a consumer electronic appliance nominated by a Customer for Service Cover in terms of this Agreement.
      6. “Audio-visual Appliances” means appliances generally used by consumers for audio-visual entertainment, such as televisions, decoders, home theatres and smart televisions, but excludes any item upon which the Customer can load software.
      7. “Beyond Economical Repair” means an Appliance that Easyfix believes will cost more to repair than the market value of the Appliance.
      8. “Customer” means the person who’s Appliance Easyfix has agreed to maintain on the terms and conditions set out in this Agreement.
      9. “Fee/s” or “Service Fee/s” means the fee payable by the Customer to Easyfix in consideration for Easyfix providing Service Services to the Customer, which fee may be per Appliance or for a number of Appliances and may be payable monthly or for a specific period.
      10. “ICT Appliances” means appliances generally used by consumers in the processing of data or communication, such as laptops, personal computers, tablet devices and smart phones.
      11. “In-home Service” means the despatch of a technician to the Customer’s home to repair or evaluate the repair of an Appliance and / or the removal of the Appliance from the Customer’s home for the purpose of repairing the Appliance.
      12. “Kitchen Appliances” means appliances generally found in consumers’ kitchens such as refrigerators, stoves, washing machines, tumble dryers and microwave ovens.
      13. “Loan Set” means an appliance performing a similar function to the Appliance but not necessarily the same make or size as the appliance that may be lent to the Customer by Easyfix while the Customer’s Appliance is being repaired i.e. standard Loan Sets are currently 32” LCD screens and 260l fridge-freezer units.
      14. “Service” means the performance of the necessary repairs to restore the Appliance/s to working order during the currency of this Agreement and “Maintain” shall have a similar meaning.
      15. “Service Product/s” means a matrix of maintenance services and bundles that Easyfix may offer from time to time permitting the Customer to nominate one or more Appliances to be maintained by Easyfix in consideration for the corresponding Fees.
      16. “Repair Value” means the commercial value of a repair and shall be calculated with reference to Easyfix’s standard labour rates from time to time (currently R450 (four hundred and fifty Rand) per hour and the list price of any parts and consumables required for a repair.
      17. “Schedule” means a print-out from Easyfix’s computer systems from time to time upon which the details of the Customer, the Appliance/s and the fees payable by the Customer to Easyfix are described.
      18. “Service Agent” means a sub-contractor to Easyfix that Easyfix has contracted to collect, deliver or repair an Appliance.
      19. “Service Area” means the area within a fifty (50) kilometre radius of each of Easyfix’s service agents from time to time.
      20. “Technical Failure” means a failure of a mechanical part of the Appliance due to latent defect or as a result of normal wear and tear.
      21. “Easyfix” means Film Fun Holdings (Pty) Ltd and its successors in title and assigns.
      22. “Waiting Period” means a period of three months from the inception of this Agreement or the addition of any new Appliance, during which Easyfix shall not be obliged to render Service Services other than telephonic support.
      23. “Year” means twelve calendar months from the beginning of the month in which the Service Agreement is signed, and then each subsequent period of twelve calendar months.
    2. Service Products

      1. Single Appliance Service
        1. The Customer may nominate an Appliance for Service against payment of the agreed Fee.
        2. Easyfix may, in its sole discretion, choose to accept or reject the Customer’s nomination.
      2. Multiple Appliance Service
        1. The Customer may nominate a number of Appliances for Service against payment of the agreed aggregate Fee for the type, size and number of the Appliances.
        2. Easyfix may, in its sole discretion, choose to accept or reject all or part of the Customer’s nomination.
      3. Loan Set Option
        1. Where made available by Easyfix, the Customer may elect to pay an additional agreed fee in order to ensure that Easyfix will provide a Loan Set to the Customer in the event that Easyfix needs to remove the designated Appliance from the Customer’s home in order to provide Service.
        2. This option will not be available in all areas or for all Appliances and may be amended from time to time by Easyfix in Easyfix’s sole and unfettered discretion.
      4. Additional Options
        1. Easyfix may, from time to time, add additional ancillary services to its Service Product offering and these terms and conditions will apply, mutatis mutandis.
      5. Information Required
        1. When nominating an Appliance, the Customer will be required to provide, inter alia, the following information: make, model, serial number and age of the Appliance/s.
        2. In the event that the information is incomplete or incorrect in any way and whether material or not, Easyfix shall not be required to provide Service Services and shall be entitled to cancel the Agreement upon notice to the Customer.
    3. Duration

      1. The Easyfix Service Product offering may provide the Customer with different options with regard to the duration of this Agreement, including but notlimited to: –
        1. A monthly Service offering whereby the agreement continues indefinitely subject to either Easyfix or the Customer terminating on one calendar months’ notice.
        2. An annual Service offering whereby the agreement continues indefinitely subject to either Easyfix or the Customer terminating on one calendar years’ notice.
        3. A fixed period Service offering whereby the agreement continues for an agreed period after which it continues indefinitely on a monthly basis subject to either Easyfix or the Customer terminating on one calendar months’ notice.
        4. Notwithstanding anything to the contrary, Easyfix may give one calendar months’ notice of termination to the Customer at any time.
    4. Service

      1. Easyfix hereby agrees to maintain the Appliance/s for the duration of this Agreement, subject to these terms and conditions and in particular the exclusions and exceptions set out therein.
      2. To this end, Easyfix will provide, at no additional cost to the Customer, labour and parts which Easyfix, in its sole discretion considers necessary to restore the appliance to working order following a Technical Failure to the maximum of the:
        1. Appliance Maximum Repair Value Limit, and
        2. Annual Maximum Limit.
      3. Easyfix’s obligation to Maintain the Appliance will be suspended for any period during which the Customer has not paid the requisite monthly or annual maintenance Fee/s.
      4. The Customer agrees to a three-month Waiting Period before Easyfix is required to provide Service Services on an Appliance.
      5. Easyfix will, however, provide telephonic support and assistance with manufacturers’ warranties during the first three months of this Agreement.
    5. Fees & Payment

      1. The first monthly Service Fee is payable in advance, with all subsequent monthly Service Fees being payable, in advance, on or before the first day of the following and subsequent calendar months.
      2. Easyfix may increase the monthly Service Fee on an annual basis by the greater of the Consumer Price Index for the previous year and ten percent, either on the anniversary of this Agreement or on a particular date each year.
      3. Annual Fees are payable annually in advance.
      4. Fixed period Service Fees are payable in full in advance of the agreed period.
      5. Ad-hoc Fees shall be paid to Easyfix by the Customer on request or, at Easyfix’s election, may be debited to the Customer’s bank account from time to time.
      6. All payments due by the Customer to Easyfix shall be made, without deduction or set-off by means of a debit order on the Customer’s bank account.
      7. If the Customer changes banks, Easyfix cedes this agreement or banking regulations change, the Customer agrees to sign a new debit order mandate.
      8. Payment will only have been made if the debit order is not returned, or in the event of a cheque or EFT, once the cheque or EFT has been honoured.
      9. The computer accounts of a certificate signed by the financial manager, subscriber manager or any director of Easyfix, whose appointment need not be proved, will be prima facie proof of all monies due by the Customer to Easyfix.
      10. All amounts due to Easyfix will bear value added tax at the applicable rate from time to time.
    6. Administration and Ad-hoc Fees

      1. Easyfix shall be entitled to debit the Customer’s account with the following administration Fees:
        1. A fee of R500 (five-hundred Rand) if a Easyfix Service Agent performs a service call but the repair obligation is excluded in terms of this Agreement, and particularly in the case of flat batteries or power failures.
        2. A fee of R500 (five hundred Rand) where access is denied to the Easyfix Service Agent notwithstanding that a time period for the in-home service has been arranged.
        3. A fee of R100 (One-hundred) on any returned debit order, dishonoured cheque or the like.
      2. Where the repair falls outside of Easyfix’s obligations in terms of this Agreement and the Customer requests Easyfix to attend to the repair anyway, Easyfix shall, in addition to any other fees payable, be entitled to debit the Customer’s account with the agreed cost of the repair quoted by Easyfix and accepted by the Customer.
    7. General Extensions and Exclusions

      1. The extensions and exclusions set out in this clause apply to all Appliances, regardless of the product category into which they fall.
      2. Easyfix’s Service obligation includes:-
        1. Email and telephonic access to Easyfix’s technical service call centre during office hours.
        2. Telephonic support and fault diagnosis.
        3. In-Home Service unless specified otherwise in the relevant product category or where the Customer’s home is outside of the Service Area.
        4. Physical repairs to the Appliance to correct a Technical Failure of the Appliance.
        5. Re-connection of any Appliance disconnected or removed for repair.
        6. A Loan Set provided the appropriate option has been chosen and Fee paid.
        7. A maximum of two (2) repairs per Appliance per annum, calculated from the inception of this Agreement.
        8. A Maximum Repair Value per event.
      3. Technical Failure excludes, inter alia, the following:-
        1. Any use of the Appliance for a purpose or duration for which it is not commonly intended to be used.
        2. Any use of the Appliance for commercial or business purposes.
        3. Any accident to, neglect, abuse or misuse of the Appliance, including missing parts or defective discs or other media.
        4. Moisture, water damage, corrosion, rust, or other environmental factors.
        5. Rodents, insects or other pestilence.
        6. Acts of God, including lightning.
        7. Electrical surge, including as a result of load shedding.
        8. Tampering with or repair by any non-Easyfix approved person.
      4. Easyfix’s Service obligation excludes: –
        1. The electricity supply to the Appliance, including the wiring from the plug socket to the Appliance.
        2. Cosmetic parts, such as the exterior of the Appliance or any cabinet containing the Appliance.
        3. Speakers, amplifiers, sub-woofers, clocks, pilot lights.
        4. Batteries globes, bulbs, filters or other consumable items.
        5. Any ancillary device connected to the Appliance such as a decoder, personal computer, games console, home theatre, external speakers, external hard drives etc.
        6. Routine cleaning of any moving parts such as DVD lasers or filters on dishwashers, tumble dryers and washing machines.
        7. Hand-held remote controls.
        8. Tuning or re-tuning of any appliance or ancillary appliance unless required as part of a repair.
        9. After-hours call-outs.
        10. Any interaction with Multichoice, Cellular Service Provider, or any other provider of content with regard to the connection of smart cards or account queries.
        11. The repair of any Appliance that is still under a manufacturer’s warranty or within ninety days after the manufacturer has affected a repair. Easyfix will, however, liaise with the manufacturer to assist the Customer in this regard.
        12. The repair of any Appliance subject to a manufacture or distributor recall.
        13. The repair of any Appliance not correctly listed in the Schedule.
        14. Defects that pre-date the inception of the Service Agreement that were known or should reasonably have been known to the Customer.
      5. The Customer agrees that Easyfix shall not be required to keep any parts removed from any Appliance separate, nor to provide any such parts to the Customer.
      6. If the Customer disputes whether a repair falls within one of the exclusions listed in this Agreement, then the dispute shall be referred to a qualified technician nominated by Easyfix, who shall act as an expert and whose decision shall be final and binding on Easyfix and the Customer.
      7. For the avoidance of doubt, Easyfix will not consider the following categories of Appliances:
        1. Appliances used for commercial purposes e.g. Pubs, conferences, advertising, cooking schools etc.
        2. Rear-screen projection televisions and other outmoded technology.
        3. Appliances that are more than eight years old (any appliance that is more than eight years old will automatically no longer form a part of this Agreement.
        4. Appliances that are “grey” or parallel imports and appliances that are not supported by the local representatives of imported appliances.
        5. Appliances situated outside the borders of the Republic of South Africa.
    8. Specific Exclusions

      1. The exclusions set out in this clause apply to all relevant Appliances and Appliance Categories, but are listed here under particular categories for ease of reference.
      2. Audio-visual Appliances – Service Excludes:-
        1. Service of any antennae, aerial, satellite dish, LNB or cabling to the Appliance.
        2. Any tapes, DVD’s or data stored on any hard drive or storage medium of any kind, it being acknowledged that repairs to hard drives / swap-outs of PVR devices are likely to result in recorded data and programmes being deleted.
      3. Kitchen Appliances – Service Excludes: –
        1. Plumbing required between the water supply of the home and the Appliance.
        2. Gas leaks in refrigerators or freezers, which in the opinion of Easyfix cannot be repaired. Light bulbs, glass shelves or icemakers in a refrigerator.
        3. Drain hoses and water supply hoses.
        4. Damage caused by foreign objects, blocked filters, pumps and drains.
        5. Damage caused by freezing.
      4. ICT Appliances – Service Excludes: –
        1. Software or data loss or corruption of any kind, whether due to viruses, malware or as a result of the Technical Fault, it being acknowledged that the Customer is obliged at all times to ensure that the Appliance is protected from viruses and other malware and that the Customer’s data is fully backed up.
        2. Reconstitution, retrieval, backing up or transferring any data on an appliance regardless of whether the fault relating to the device has deleted or corrupted data or that repairs to the appliance are likely to delete the data or where hard drives or other memory media need to be replaced.
        3. In-home Service where the appliance in question is of a portable nature such as a laptop, tablet, game console and the like; the Customer is required to bring such appliances to Easyfix’s nominated service agent.
    9. Service Levels

      1. The Customer is required to request maintenance (no later than 30 days after the fault becomes evident) by calling Easyfix’s call-centre during office hours and providing the call centre agent with, inter alia, the following details:
        1. The Service Contract number.
        2. Updated contact numbers and confirmation of physical address.
        3. The serial number of the Appliance that requires repair.
        4. A full description of the reason that the Appliance requires repair.
      2. Easyfix will endeavour to responds to a request for maintenance within a reasonable time of the request being received, which shall depend on the nature of the request, type of appliance, time of day that that request was received, service area and availability of appropriate.
      3. Where the Appliance is located outside of Easyfix’s Service Areas from time to time, In-home Service shall not apply and Service will instead be provided on a “Carry-in” basis. : –
      4. Easyfix will endeavour to repair the Appliance within a reasonable time after the initial response, but the repair time is dependent on the availability of spare parts.
      5. Easyfix shall not be obliged to repair any appliance which requires repair and in respect of which the Customer has requested Easyfix to do so where the necessary spare parts are not available or where, in the reasonable opinion of Easyfix, it is Beyond Economical Repair. In this event, Easyfix shall be entitled, but not obliged to: –
        1. Declare the Appliance to be Beyond Economical Repair, and
        2. Terminate its obligations in respect of that Appliance and the Customer’s obligation to pay Service Fees in respect of that Appliance (on a pro-rate basis in the case of a multiple Appliance product), and
        3. Compensate the Customer by paying to the Customer an amount equal to the lesser of the replacement value of the Appliance and six times the monthly premiums paid by the Customer on that Appliance.
    10. Breach

      1. Without prejudice to any other claims and remedies that Easyfix may have against the Customer, Easyfix may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of ten days from the date upon which Easyfix notified the Customer.
      2. Notification shall mean the dispatch by Easyfix of a notification, whether in the form of an email, SMS, telephone call or otherwise to such an address provided by the Customer to Easyfix from time to time.
    11. General

      1. The Customer is responsible for the procurement of all licenses or other compliance with any procedures required to use the Appliance, including but not limited to television licenses required under the Broadcasting Act and compliance with RICA.
      2. Due to the difficulty of estimating repair times and traffic conditions, it is not possible to give accurate estimates for response, repair or appointments. Accordingly, all times referred to in this agreement, including but not limited to response times, repair times and appointments shall be approximate estimates and the Customer agrees not to hold Easyfix liable for or to claim for any losses, particularly of a consequential or pure economic nature.
      3. If the Customer is not a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement.
      4. If the Customer is a Consumer as defined in the Consumer Protection Act, then all risk in and to the Appliance from damage, loss or theft shall remain vested in the Customer for the duration of this agreement unless such loss, damage or theft is proved to have arisen from the gross negligence of Easyfix or its appointed Service Agent.
      5. This Agreement, the Schedule and any appendices hereto, constitute the sole record of the agreement between Easyfix and the Customer with regard to the appliance, and Easyfix shall not be bound by any representation, warranty, or implied term not recorded herein.
      6. No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of Easyfix. No indulgence which Easyfix may grant to a Customer shall constitute a waiver of any of Easyfix’s rights.
      7. Easyfix may, without notice, cede and assign its rights and obligations under this agreement, either absolutely or as collateral security to any person or entity whereupon the Customer shall hold the Equipment on behalf of such person instead of Easyfix and, if required, make the maintenance payments to that person or entity.
      8. The Customer may not cede or assign his rights in terms of this agreement without the prior written consent of Easyfix.
      9. The Customer hereby indemnifies Easyfix against any loss or damage suffered by Easyfix arising out of or in connection with the Customer’s use of the Appliance/s from whatever cause and against any claims of whatever nature that may be instituted against Easyfix arising from the use of the Appliance/s and any consequential loss or damage arising from the foregoing.
      10. The customer recognizes that Easyfix is entitled to assess its existence, details and propensity to pay and accordingly consents to Easyfix accessing relevant databases for the purposes of assessing this and to Easyfix providing information to such databases on the Customer’s propensity to pay monies due to Easyfix.
      11. Easyfix shall be entitled to amend this Service Agreement by giving 30 (thirty) days’ notice by email or post to the Customer’s last known address.


    12. Advertising disclaimer

      1. All prices in South African Rands.
      2. E&EO.
      3. Promotional pricing is not valid for already discounted deals.
      4. Limited service areas apply.
      5. Banking details are required to apply.
      6. Free gifts are not covered as part of the Easyfix agreement and therefore will not enjoy the same benefits such as risk, maintenance or the ability to upgrade the product.