The initial service term of the Agreement shall begin on the date that The Party Spot generates an e-mail message to Customer announcing the activation of the Customer’s account (the ‘Service Commencement Date’) and shall continue for the first partial month of service plus the number of full calendar months stated in the Order (the ‘Initial Term’). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of having the same number of full calendar months as the Initial Term (each a ‘Renewal Term’) unless The Party Spot or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the ‘Term.’
Fees: Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, beginning on the Service Commencement Date. The Party Spot may require payment for the first billing cycle before beginning service. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.
Customer is responsible for providing The Party Spot with changes to billing information (such as bank detail changes, change in billing address. The Party Spot may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay The Party Spot’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay The Party Spot’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Fee Increases: The Party Spot may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Refunds All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law
Customer represents and warrants to The Party Spot that the information he, she or it has provided and will provide to The Party Spot for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to The Party Spot that he or she is at least 18 years of age. The Party Spot may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless The Party Spot’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
THE PARTY SPOT DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE PARTY SPOT DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF THE PARTY SPOT AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
The Party Spot shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Party Spot control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
PARTYSPOT DISCOUNT COUPON TERMS & CONDITIONS
- This R100 Discount Coupon (“the Offer”) is made by PartySpot Ltd (“the Promoter”).
- The Offer is open for participation by Participants who are at least 18 years old, have a valid identity document or passport and are residing in the Republic of South Africa during the period of the Offer, up to and including the Discount Coupon redemption dates (“Participants”/”you”/ “your”).
- This Offer is only valid from 1 October 2015 to 31 December 2015.
- The Discount Coupon can only be redeemed against a purchase in the Northgate PartySpot store.
- The Discount Coupon can only be redeemed against a transaction of R250.00 or more.
- The Discount Coupon may only be redeemed between 1 October 2015 and 31 December 2015.
- The Discount Coupon may NOT be redeemed against CASH purchases
- Only ONE Discount Coupon may be issued per person.
- Only ONE Discount Coupon may be used at a time per transaction.
- Each Discount Coupon may be redeemed only once.
- A Discount Coupon may not be used in conjunction with any other special offer, promotion, voucher or coupon.
- The Discount Coupon cannot be redeemed against prior purchases.
- The Discount Coupon cannot be exchanged for cash or for vouchers of any kind.
- Defaced, photographed or photocopied Discount Coupons will not be accepted. The Promoter will not re-issue damaged, lost or stolen Discount Coupons.
- The Promoter reserves the right to verify the identity of the person redeeming a Discount Coupon
- The Promoter may ask for evidence of your right to use the Discount Coupon before you may redeem it and will not be obliged to redeem the Discount Coupon if it was issued in error, where redemption may be illegal or where redemption is practically impossible owing to circumstances beyond the Promoter’s control.
- The Promoter reserves the right to extend, reasonably shorten, suspend the time period of the Offer or terminate the Offer whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. The Offer, Discount Coupon, and any rules, terms or conditions may be amended by the Promoter, at any time during the Offer and up until redemption of the Discount Coupon, and will be applied and interpreted within their sole discretion. In such an event, all Participants waive any rights that they may have/purport to have in terms of this Offer, and acknowledge that they will have no recourse against the Promoter whatsoever.
- To the extent permitted by law, all Participants indemnify the Promoter, their associated, holding and subsidiary companies, and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in this Offer.
- South African law shall govern these terms and conditions and the courts of South Africa shall have exclusive jurisdiction.
- All terms and conditions can be viewed on our website at https://www.partyspot.co.za/terms-and-condition/
- Customer Care line 011 804 5143