THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall give notice of a breach in accordance with clause 10 of this agreement.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD'S OBLIGATIONS
5.1. THE DIGITAL MESSAGE NETWORK (PTY) LTD shall use all reasonable endeavors to maintain the service 24 (twenty four) hours a day.
5.2. THE DIGITAL MESSAGE NETWORK (PTY) LTD reserves the right to:
5.2.1. improve or alter the service as it deems fit, in its sole discretion appropriate, provided that such changes do not substantially change the nature of the service.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD may withdraw, terminate or suspend the service to any customer if required by any network operator or by any statutory or regulatory authority or order of court. Any determination made by THE DIGITAL MESSAGE NETWORK (PTY) LTD pursuant hereto, shall be without liability of any nature whatsoever and howsoever arising.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall have no obligation, whether under this agreement or otherwise, to comply with its obligations in terms of this agreement until such time as the customer has complied with all its obligations in terms of this agreement.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall not be responsible for any breach of warranty, delay or failure in performance under this agreement that results from events beyond its control, including without limitation, such as acts of God, acts of war, epidemics, power outages, fire, earthquakes, and other disasters.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall as soon as is practical prevent access by the customer to the service; and
THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall not be liable for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer (including, but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software programs, interruption in use or availability of data or the software programs, stoppage of other work or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in delict or otherwise, whether based on this agreement, any commitment performed or undertaken under or in connection with this agreement, or otherwise.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD does not warrant the accuracy, authenticity, reliability, completeness, currentness, merchantability, or fitness of the service customer and shall not incur liability for representations of information made by the customer. THE DIGITAL MESSAGE NETWORK (PTY) LTD does not warrant any software used in respect of the service provided.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD shall not be liable for any technical or other failure in the service.
THE DIGITAL MESSAGE. NETWORK (PTY) LTD does not warrant that the service shall be fault free or free of interruptions.
