Below are the critical clauses your attorney needs to include, specifically adapted for a satellite installer in South Africa.
1. Background & Introduction
- Parties: Identify the supplier as SatPro Installers, a sole proprietorship or registered company (provide registration number). The agreement is with the website user/customer (the “Client”).
- Binding Nature: State that by using the website, the Client agrees to be bound by these Terms.
2. Service Scope & Customer Responsibilities
- The “House Rules”: Clearly state that installation is for a single, standard terrestrial building (e.g., standard pitched roof/tile house).
- Client Obligations: The Client must guarantee:
- Clear, unobstructed line-of-sight to the relevant satellite (Southern/Northern sky).
- A safe, accessible, and authorised work area (including if the property is a rental).
- That the existing electrical system is functional and compliant.
3. Payment and Pricing
- Currency & VAT: All prices are in South African Rand (ZAR) and include VAT where applicable.
- Quotations: A quote is valid for 30 days only, as equipment and fuel costs may change.
- Balance Due: Full payment is due upon completion of the installation, before the technician leaves the site.
4. Warranty & Disclaimer (Crucial for Installations)
As guided by the Consumer Protection Act 68 of 2008 (CPA), you cannot simply waive all liability. You must comply with the CPA’s consumer protections.
- Installation Workmanship: You must warrant the physical installation (mounting hardware, cable integrity, water-proofing of roof penetrations) for a reasonable period (e.g., 90 days). This is required by the CPA’s implied warranty of quality and safety.
- Equipment Disclaimer: You are not the manufacturer of the satellite equipment or the provider of the satellite signal. The Client relies on the manufacturer’s hardware warranty and the service provider’s signal guarantee directly, not on your installation ToS.
- Weather & Line of Sight: You do not guarantee signal uptime or quality; these are affected by factors beyond your control, such as severe weather, line-of-sight obstruction, or third-party network outages.
5. Limitation of Liability (Roof Penetration)
Given that you perform roof work, this clause is vital:
- You will take all reasonable measures to waterproof any roof penetration and will repair any minor leaks caused directly by your installation work during the warranty period.
- You are not liable for:
- Preexisting roof damage or leaks in unrelated areas.
- Damage caused by third parties working on the roof after your installation.
- Damage from adverse weather events (hail, wind damage to structure).
6. Right to Cancel (Cooling-Off Period)
The CPA (Section 16) grants consumers a cooling-off period in certain circumstances, particularly after direct marketing. Your ToS must acknowledge the client’s right to cancel a transaction under the CPA and must outline any reasonable cancellation fees for work that has already commenced (e.g., 15% of quote for site inspection).
7. Intellectual Property
- All text, images, and logos on the website are the property of SatPro Installers.
- The Client may not copy, redistribute, or commercially use any content from the website without written consent.
8. Privacy & Data Protection
- POPIA Compliance: Because you collect personal information (names, addresses, contact details) for quotes, your ToS must incorporate your Privacy Policy by reference. This policy must comply with the Protection of Personal Information Act (POPIA), which requires you to inform clients how their data is used, stored, and for how long it is retained.
- Direct Marketing: You must offer clients a clear mechanism to opt out of marketing communications (e.g., SMS newsletters or WhatsApp updates).
9. Force Majeure
- You are not liable for delays or non-performance caused by events beyond your reasonable control, including lightning strikes, fibre cuts in the area, or public violence / load-shedding that prevents safe access to the property.
10. Governing Law & Dispute Resolution
- Jurisdiction: These Terms are governed by the laws of the Republic of South Africa.
- Disputes: Any dispute must first be submitted to formal mediation (e.g., through the National Consumer Commission). Only if mediation fails will the dispute be resolved in the Magistrates’ Court or High Court, depending on the claim value.
✅ Compliance Checklist: What Your Attorney Will Verify
Before you finalise your Terms of Service, ensure the following are completed. This covers your obligations under the most relevant South African laws and regulations:
1. ECTA (Electronic Communications and Transactions Act) Disclosures
Your ToS (or a separate legal page) must prominently display your business information exactly as required by Section 43 of the Act. Your attorney will ensure you include:
- ☐ Business name and registration number.
- ☐ Physical address and contact details (email and phone).
- ☐ A description of the main goods/services offered.
- ☐ Any alternative dispute resolution code to which you subscribe.
2. Consumer Protection Act (CPA) Compliance
Your attorney will make sure the ToS does not contain any “unfair, unreasonable, or unjust” clauses that the CPA could render void:
- ☐ Plain Language: All clauses must be in plain, understandable English; no “fine print” hiding important terms.
- ☐ Right to Return: The ToS must not contradict the CPA’s provision allowing a consumer to return defective goods within six months of purchase for a repair, replacement, or refund.
- ☐ Quote Validity: If you provide a quote, the ToS must clarify that it serves as an offer open for acceptance, not a binding contract for the consumer until accepted.
3. POPIA (Protection of Personal Information) Requirements
Your ToS should integrate with a stand-alone Privacy Policy. Your attorney will ensure compliance with the core POPIA principles:
- ☐ Consent: You must obtain informed consent (e.g., via a clear checkbox) before processing any personal information, especially for marketing purposes.
- ☐ Rights of Clients: The ToS/Privacy Policy must inform clients of their rights, including the right to access, correct, or request deletion of their personal information held by you.
- ☐ Data Security: A clause requiring you to take appropriate, reasonable technical measures (e.g., securing your CRM) to prevent data breaches.