This agreement was last updated on 5 March 2019.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
We only accept orders placed on our website and no goods or services shall be provided regardless of any payments made to us without a valid order placed on our website.
If you rent a phone from us it will be dispatched from Midrand in Gauteng (South Africa) with a lead time of 5 days, and if you buy a phone or hotspot from us we’ll have it sent to you directly from our suppliers in Europe with a lead time of approximately 10 days. You will provided with a tracking number for your parcel the moment we have dispatched your goods. [See notes about customs and clearance further below].
Once you have received your item, please let us know so we can activate your SIM card and load any pre-paid airtime that may be applicable. You will then also be provided with your new satellite phone number, as well as an electronic copy of our brilliant Quick-Start PDF containing the short-and-sweet of everything you need to know about using your product.
Refunds/Returns & Warranty Policy
Should you for whatever reason decide the satellite phone you purchased is not suitable for your needs, we will happily give you a full refund on the hardware – on condition it is returned to us in original, as-new, sellable condition – complete with all accessories and packaging. We do not offer any refunds on airtime, services and rentals whatsoever.
All our goods come with a 1 year warranty, and that warranty is honored at our suppliers in Europe meaning you send the goods to us in Europe, and we send them back to you in whichever country you may be. However, we do test all new satellite phones and wi-fi hotspots before dispatching them to you from our suppliers, thereby eliminating any possible issues from out-of-box failures.
Prepaid Vouchers & Recharges
Ashbury SatCom can only recharge SIM cards that were supplied by ourselves. In the event you buy a voucher and you want it loaded to a SIM card that was not supplied by our company, you will be sent a new SIM card free of charge. No refunds will be issued in this regard.
If you are doing a recharge to prevent the expiry of existing airtime we recommend that you always place orders for recharges a good 5 days before the expiry date of your existing airtime, in case there are unforeseen delays or system issues with the processing of your order.
You have the ability to future-date the recharge/activation of your airtime during the checkout process on our website, so there is no need to delay your recharge to the 11th hour. You can even place orders for recharges weeks or months in advance. You agree to indemnify us against any airtime lost due to recharges placed within the last 5 days before expiry.
Prepaid airtime vouchers may be purchased from ourselves without being loaded right away – for example if you wish to have us keep them in credit for you to load at a future date, however note that any airtime purchased but not loaded to a SIM card will be forfeited 3 years after the date of original purchase.
Your rental comes with a predefined airtime allowance that you select and pay for at the time of placing your order, and you agree that we may suspend your service at any time during your rental should you deplete your airtime allowance. Furthermore by ‘buying’ any of the rental services on our website you agree that we may automatically charge your bank card for any usage over and above the allowance that you have paid for, at the overage rates as detailed on the relevant product pages on our website. Failing the absence of any available billing methods on your account, you will make alternative arrangements with us to settle any balance for overages or out of bundle usage.
You are responsible for getting rental equipment back to us, which also means making the arrangements to have good transported and delivered back to us. You will be responsible for loss in transit of any goods sent back to us, including equipment sent to any invalid, old or obsolete the address.
Subject to any charges for airtime usage over and above your allowance, deposits will usually be refunded in full upon return of the satellite phone complete and in good, clean, working order. However deposits may be refunded or retained, at our sole discretion, based on our opinion of the condition in which we receive goods back. Therefore by paying the deposit you accept the possibility that you may not get it back. Goods returned undamaged and in working and condition, but otherwise soiled, will be subject to a valet fee equivalent to 50% of the deposit paid.
Some countries have restrictions on the use of satellite phones and tourists should check with the relevant authorities and on Google before taking phones through customs. Additionally, some countries such as Russia require registration before taking satellite phones into the country, and unless registered in the relevant country the phones may not work.
Never rely on a single satellite phone to protect you from potentially life threatening emergencies. If you’re getting a satellite phone rental as a lifeline in case of emergency in the remote wilderness always travel in groups with more than one satellite phone in case of any unforeseen problems with either the equipment or the connection being provided to that equipment.
By signing up or ‘buying’ any of the subscription-based products or services on our website you agree that we will automatically bill your card for your subscription and any out of bundle usage charges on a monthly basis. You agree that you have read and understood all attributes of any particular subscription you’ve signed up. You agree to make sure there is sufficient funds in your bank card for the subscription and usage fees that we will bill you for during your subscription.
Should a payment fail for whatever reason you agree that we will suspend your subscription with immediate effect, and that you’ll be liable for any outstanding charges on your account. You agree that where a service is suspended due to non payment for a subscription that it still within its minimum contract duration, the balance for the entire rest of the contract shall become immediately due and payable. You agree that upon termination or suspension of your service/subscription we may collect any outstanding charges from you by any means possible.
As detailed by the relevant subscription pages in our web shop, subscriptions are cancelled by logging in to your account on our website and cancelling your subscription there. Once completed, subscription renewal orders cannot be reversed. Subscriptions that are cancelled prior to the end of their minimum contract duration shall be subject to early termination fees equal to the remainder of the minimum contract duration.
Airtime Usage Limits
We may offer the option or feature to place a limit on the usage of certain services, also known as credit control. Such limits are implemented on the satellite networks directly and not on our own systems, and we shall accept no responsibility for errors with the configuration or implementation of such usage limits. You will remain liable for payment of any and all usage incurred by a product or service you subscribed to regardless of usage limit requested or configured. We do offer access, on request, to online monitoring logins where you may monitor your own usage.
Low Balance & Expiry Alerts
If you’ve bought a prepaid SIM card from ourselves then you may receive low balance and/or expiry alerts from time to time. Please note that we send these alerts as a courtesy and not a formality, and we do not accept any responsibility for any errors contained therein, nor for any delays or failures in the sending of these alerts, nor for any resulting action or inaction, based thereupon, by either the recipient or Ashbury SatCom.
Customs & Clearance
For shipments to South Africa: Our shipping terms for deliveries in South Africa are DDP (Delivery Duty Paid) meaning we pay all costs related to your delivery including any import VAT and customs duties. We will assist with everything required to get your parcel cleared through customs, however since we have no control over SA customs we cannot be held responsible for delays or other issues in clearing your goods through customs.
For shipments outside of South Africa: Our shipping terms for international deliveries outside of South Africa is CIF which means we pay carriage, insurance, and freight while you handle customs clearance at your end and pay the related clearance fees and any customs duties that may be levied by the government in your country. If you return equipment to us from outside the country and we receive bills for customs clearance and import VAT, you will be liable for any such bills.
Currencies and Exchange
Our website uses USD as the base currency for all online transactions, and where prices are shown in currencies other than USD those prices are estimated and the exact amount you see debited to your bank account may differ slightly from the amounts shown on our website. This is due to differences in the exchange rates used by our exchange rate provider and your own bank. Furthermore, unless where you make payment to us by bank transfer in ZAR, all invoices we generate will be in USD. If you want to pay and get an invoice in ZAR, simply set your currency as ZAR on our website, choose the bank transfer payment option during checkout, and email us your ZAR proof of payment that matches the ZAR amount on your order confirmation.
Ashbury SatCom does not offer legal advice on the products we sell or rent, however some countries such as India have restrictions on the use of satellite phones and tourists should check with the relevant authorities and on Google before taking phones through customs. Additionally, some countries such as Russia require registration before taking satellite phones into the country, and unless registered in the relevant country the phones may not work.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that you shall not have any claim against us whatsoever for the use of our website, products and/or services. Ashbury Technologies (Pty) Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, expiration, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on our websites, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Ashbury Technologies (Pty) Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Ashbury SatCom Ltd.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Ashbury Technologies (Pty) Ltd It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the courts of South Africa. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Unless otherwise expressed, Ashbury Technologies (Pty) Ltd Expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us via our contact us page.