Terms and Conditions PREAMBLE
WHEREAS The Service Provider is desirous of providing a vehicle tracking service.
WHRERAS the Distributor wishes to enter into this Agreement with the service provider whereby on the terms and subject to the conditions contained herein;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises and covenants herein contained and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged) the parties hereby agree as follows:
TERMS AND CONDITIONS
1. INTERPRETATION In this agreement:
1.1 Clause headings are for convenience and shall not be used in the interpretation of this agreement.
1.2 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders, a natural person includes a juristic person and vice versa, the singular includes the plural and vice versa and the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
1.2.1 "Additional Charges” means those additional charges as listed in the additional charges price list that is available on request. These charges include but are not limited to charges in respect of the de/reinstallation of the product, any false alarms, incident reports, international roaming, message forwarding, map and traffic fees, and work outside normal office hours and call out fees.
1.2.2 "Agreement” means the terms and conditions, including the application form attached to these terms and conditions, as well as and other annexure from time to time incorporated by reference° to this agreement.
1.2.3 "Authorised users” means those who may be authorised by the Customer to obtain a., services offered by the product from us and who may be notified of any alarms in respect of the vehicle by us.
1.2.4 “Business / Private Remote” means the device installed that is used to log and measure the distance travelled for the relevant trip, either as a Business trip or a Private trip.
1.2.5 "Buzzer" means the audio signalling device installed to reminder the user to press the Business / Private remote.
1.2.6 "CPA” means the Consumer Protection Act No 68 of 2008.
1.2.7 “Commencement date” means the date of i installation of the product, which date shall be determined by the date on the installation certificate confirming installation of the product.
1.2.8 “Customer” means the person and/or company and includes subscriber whose full details are set out in the application form to which these terms and conditions are attached.
1.2.9 “NAT” means NAT TRACK If, which shall include a reference to any Support Centre.
1.2.10 “Data” means the quantities, characters, or symbols on which operations are performed by a computer, which may be stored and transmitted in the form of electrical signals.
1.2.11 “False alarm” means an alarm message sent to a NAT TRACK in respect of a panic alarm, area violation or battery tampering where such a condition is not an actual emergency and the authorised user has not notified the NAT TRACI in respect thereof
1.2.12 “Fixed period” means a period as specified in the sales quotation, calculated from the commencement date.
1.2.13 “GSM Service” means the service rendered by a cellular service provider for transmitting location and speed data from the product to an authorised user’s cell phone and the NAT TRACK.
1.2.14 “GPRS” means General Packet Radio Service.
1.2.15 “Installation certificate” means the certificate issued by our installer certifying that the product has been successfully installed in your vehicle.
1.2.16 “Occurrence” means the happening of an event which initiates the recovery process or some other action for which the product is designed.
1.2.17 “Panic button” means the device installed to assist the user to alert us in case of an emergency.
1.2.18 “Product” means the NAT TRACK system to be installed in the Customer any authorized user’s vehicle.
1.2.19 “Megabyte” means a unit of computer memory or data storage capacity equal to one million bytes.
1.2.20 “Service” means the services detailed in the price list provided to the Customer and the Service Provider’s official website and Stolen Vehicle Support service as listed on the website.
1.2.21 “Service Provider” means NAT TRACI‹ (Pty) Ltd (Registration number 2019/537429/07) or any of its subsidiaries referred to in the agreement, which subsidiary shall be the contracting party on behalf of the service provider.
1.2.22 “SMS” means Short Message Service.
1,2.23 “Subscription charge” means the monthly amount (inclusive of VAT) payable the Customer in advance for the service as set out on the application form to which these terms and conditions are attached, which includes the Subscription, SMS, Data and GPRS Airtime usage supplied by the Airtime Service Provider. The pricing will automatically revert to standard Nat Track pricing the Customer no longer subscribes to one of the Service Provider’s preferred partner’s services.
1.2.24 “Subsidiary” means NAT TRACK (Pty) Ltd (Registration number 2019/537429/07) 1.2.2S “SVS” means stolen vehicle support.
1.2.26 “Territory” means the Republic of South Africa.
1.2.27 “Us/We/Ourselves” means the Service Provider.
1.2.28 “User manual” means the user manual in respect of the product to be installed in terms of this agreement.
1.2.29 “VAT” means Value Added Tax payable in terms of the Value Added Tax Act No 39 of 1991 (as amended).
1.2.30 “Vehicle” means the vehicle in which the product will be installed and for which the particular service will be provided.
1.2.31 “You” means the Customer.
1.2.32 “Website” means
2. DURATION
2.1. The following clause 2.1.1 shall only be applicable to Customers who are natural persons:
2 1.1. This agreement shall commence on the commencement date and shall continue for the period as agreed from the commencement date. 40 (FORTY) business days before the expiry date of the fixed term of the agreement, we shall notify you, in writing, or in any other recordable form, of the impending expiry date of the fixed term, including providing you with a notice of (i) any material changes that would apply if the agreement is to be renewed, or may otherwise continue beyond the expiry date and (ii) the options available to you as referred to under 2.1.1. a and 2.1.1.b, which are as follows:
2.1.1.a You may direct us to terminate the agreement on the expiry of the fixed period; or
2.1 1.b You may disagree to enter into a new agreement for a further fixed period as contained in a new sales quotation, subject to new terms and conditions and subscription charges. The following clauses
2.2.1 and 2.2.2 shall only be applicable to Customers who are natural persons:
2.2.1 If you wish to cancel the agreement before the expiry of the fixed period, you must give us 20 (TWENTY) business days’ notice of such cancellation and you shall be liable to us for:
2.2.1 If you wish to cancel the agreement before the expiry of the fixed period, you must give us 20 (TWENTY) business days’ notice of such cancellation and you shall be liable to us for:
2.2 ,1.a Any amounts owed to us by you in terms of the agreement up to the date of termination; and
2.2.1.b A reasonable cancellation penalty in respect of goods and services provided to you by ourselves, which cancellation penalty shall be calculated by us in accordance with the applicable legislation and of which cancellation penalty we shall notify you.
2.2.2 Any amounts due in terms of clause 2.2.1(a) and 2.2.1(b) shall become due and payable in full, free of any deductions or set-off, on expiration of the 20 (TWENTY) business days' notice given to us by you.
2.3 The following clause 2.3.1 shall only be applicable to Customers who are not subject to CPA:
2.3.1 The agreement shall commence on the date of installation of the product and shall endure for the fixed period from installation date, whereafter it shall continue indefinitely in accordance with these terms and conditions unless and until it is terminated by either party on the giving of 3 (THREE) months written notice to the other party, alternatively, you electing to enter into a new agreement for a further fixed period as contained in a new sales quotation, subject to new terms and conditions and subscription charges.
3 SUBSCRIPTION CHARGES
3.1 Monthly subscription charges are billed in advance.
3.2 The Customer must pay the monthly subscription charges to Service Provider in advance, by way of direct bank debit order, as specifically consented to by the Customer in the application form. Should there be any arrears outside the terms of the agreement; authorization is hereby granted to collect the arrears balance via direct debit order.
3.3 The subscription charges payable are subject to an annual increase of 10% if the Customer is a natura‘ person. Preferred Partner subscribers and all other customer: annual escalation percentage are linked to the percentage as accepted by the Customer in the sales quotation.
3.4 The Customer is required to submit a purchase order in advance in respect of the monthly subscription charges for the term of the agreement.
3.5 Any amounts which the Customer does not pay when the Customer should have, shall become payable as set out in clause 13 hereunder.
3.6 If someone else is paying the Customer ‘s subscription charges, the obligation will still be on the Customer to ensure that the payment of the subscription charges is paid on time. The Customer ‘s obligation to pay subscription charges will not be limited because someone else is paying it and if that other person fails to pay the subscription charges, the Customer will have to pay it.
3.7 The Customer agrees that the amount contained in a Tax Invoice issued by Service Provider shall immediately be due and payable by the Customer, free of any conditions, in cash on installation or, if the Customer is a credit approved Customer, within 30 (THIRTY) days from the end of the month in which the Tax Invoice has been issued by Service Provider.
3.8 No extension of time for payment of subscription charges, or any other amounts due to Service Provider shall be binding unless agreed to in writing.
3.9 The Customer may not withhold payment of any amount due to us in terms of this contract for any reason whatsoever and no extension of time for payment of any amount shall be binding unless agreed to in writing by us.
3.10 The Customer is not entitled to set off any amount which the Service Provider may owe the Customer against any amount the Customer owes the Service Provider.
3.11 The Customer agrees that a certificate issued and signed by any Of Service Provider’s Directors, Managers or duly appointed Auditors, who may change from time to time, shall be sufficient proof of the Customer’s indebtedness on the date when such certificate is issued. The authority of Service Provider’s Directors, Managers or Auditors will also not have to be proved.
3.12 Any printout of computer evidence tendered by Service Provider shall be admissible evidence and the Customer will not be able to object to Service Provider using this as evidence purely on the grounds that such evidence is computer evidence or that the requirements of the Electronic Communications and Transactions Act 25 of 2002 have not been met.
4 LIMITATION OF LIABILITY, Acknowledgement of DEBT BY THE CUSTOMER
4.1 Insofar as Service Provider supplies and/or installs the products and/or SIM card, the Customer is notified of the fact that these products, SIM cards and/or services provided may result in damage to the Customer vehicles and/or system failure of the vehicle/ s electronic components.
4.2 Service Provider shall take every care to ennsure that all reasonable efforts are made regarding the product and the service, but such product and service can be affected by factors outside Service Provider’s control. Service Provider therefore does not provide any warranty, nor accepts any liability arising in respect of any failure in the provision of the service arising from any negligence on its part or any damage, including any loss of profits, business or revenue, or any consequential loss suffered by the Customer as a result of any failure of the product.
4.3 Whilst every care will be taken by Service Provider in the installation of the product, no liability shall be assumed of any nature whatsoever by Service Provider in respect of there being any damage to the vehicle as a result of such installation of the product in the vehicle, prior to or after installation, unless noted on the installation certificate. It is further, recorded that the indemnity referred to herein relates to any damage, of whatsoever nature, arising from the services rendered by Service Provider, being patrimonial damages and/or personal injury.
4.4 Insofar as Service Provider may be deemed to be a supplier of the products and/or SIM cards used in the operation thereof Service Provider is exempted from liability in relation to any damage to property and/or economic loss that you may suffer as a result of any failure and/or defect in the goods and/or services provided.
4.5 If the Customer has selected the immobilization option, the Customer acknowledges that neither the Service Provider, its subsidiaries or affiliates accepts or shall have liability of whatever nature, irrespective of how it arose, in respect of any claim, damages, loss or expense which may occur directly or indirectly as a result of the immobilisation function functioning, not functioning or malfunctioning.
4.6 Where the Customer has activated the stolen vehicle support services, the Customer acknowledges that Service Provider does not guarantee that, in the event of an incident, the Customer’s vehicle will be located. Service Provider warrants, however, that it shall utilize its best and reasonable efforts to recover your vehicle. The Customer furthermore acknowledges that a recovery is dependent upon numerous factors outside Service Provider’s influence.
4.7 If the Customer has selected the camera product, the Customer acknowledges that neither Service Provider, its subsidiaries or affiliates accepts or shall have any liability of whatever nature, irrespective of how it arose, in respect of any claim, damages, loss or expense which may occur directly or indirectly during the installation process, as the process requires drilling into the vehicle.
4.8 If the Customer has selected the wireless products, the Customer acknowledges that neither Service Provider, its subsidiaries or affiliates accepts or shall have any liability of whatever nature, irrespective of how it arose, in respect of any claim, damages, loss or expense which may occur directly or indirectly, due to the incorrect replacement of batteries, non-charging or installation of this product by the Customer that could result in the device not working as intended.
4.9 The wireless products are only intended for the services as listed on the price list / quotation and not for SVS purposes and as such, no recovery can be guaranteed, but Service Provider will endeavour to utilise its best efforts to respond to such a request.
5 CUSTOMER RESPONSIBILITIES
5.1 Whilst Service Provider shall try its be5t to ensure that the Customer is informed via sms of any fault detected on the Customer’s unit, the Customer shall be liable to ensure that the product is properly functioning and correctly modified settings by performing a test of the product and/or panic alarm status on the product (where a panic button was installed), no less than once every 3 months, The Customer will be responsible to maintain its settings with up to date information at all times. There will be no additional cost to the Customer when it performs these tests and the Customer must follow these procedures to do the test:
5.1 1 The Customer must phone Service Provider Nat Track and inform them that a test of the product and/or panic alarm status on the product is going to be performed by the Customer;
5.1.2 Service Provider shall, within 24 hours, notify the Customer via SMS of the product and/or panic alarm status of the product
5.1.3 Should the outcome of this test indicate that the product and/or panic alarm is in any way not properly functioning, and/or possibly faulty, it shall remain the Customer’s responsibility to ensure and arrange that the vehicle in which the product is installed is made available for repair by Service Provider, which repairs shall be done in accordance with standard policies.
5.2 the Customer is also responsible for ensuring that if the Customer receives an SMS from Service Provider , advising that a fault has been detected on the unit, that the Customer shall as soon as possible after having received the SMS, contact Service Provider to arrange for repair on the unit.
5.3 It is the Customer’s responsibility to inform its vehicle’s manufacturer of the fitment of the product if the vehicle manufacturer requires such notification, in order not to invalidate any manufacturer warranty.
5.4 When this agreement is terminated, the Customer will provide Service Provider access to its vehicle for removal of the product unit. If the Customer doesn't give access, the Customer will be liable for an amount equivalent to the cost of the product.
S.5 The Customer undertakes not to tamper or remove the product during the period of this agreement, in order not to invalidate the warranties of the product provided in this agreement.
5.6 The Customer undertakes not to permit any modification or alterations to be made to the product in order not to invalidate the warranties provided on the product in this agreement.
5.7 The Customer undertakes to notify Service Provider of any alteration and/or modification made to its vehicle in which the product is installed if such alteration and/or modification to the vehicle in any way effects the way the vehicle is identified, including, but not limited to, change of registration number, change of colour of the vehicle, change of any relevant vehicle component number, change of vehicle manufacturer’s logo, etc.
S.8 For the duration of this agreement the Customer agrees not to permit any third party other than service Provider to maintain service or repair the product.
6 SERVICE PROVIDER RESPONSIBILITIES
6.1 The following clause 6.1 shall only be applicable to Customers that are natural persons or juristic persons whose asset value or annual turnover at the commencement date, is below the threshold value determined by the Minister in terms of Section 6 of the CPA:
6.1.1 The Customer is obliged to notify Service Provider, in writing, of any defects in the quality of the product provided by Service Provider at any time during the fixed 36 month period, and then Service Provider shall:
6.1.1.a Repair any defect or replace the unit where the product is found to be defective due to faulty components, workmanship or design on condition that the repair is to be done at one of our branches or Authorised Fitment Centres; or
6.1.1.b Refund the Customer the price paid for the Product supplied, having regard to the extent of the failure, provided that the Customer notified us of the defect within 6 (SIX) months from the commencement date.
6.1.2 Clause 6.1.1 will not apply in case of a renewal contract. The warranty period will be linked to the renewal option selected,
6.2 The following clause 6.2.1 shall only be applicable to Customers who are juristic persons whose asset value or annual turnover at the commencement date, equals or exceeds the threshold value determined by the Minister in terms of Section 6 of the CPA:
6.2.1 Service Provider shall be responsible for the repair and/or replacement, in its sole discretion, of the product (exclude camera product), or any parts thereof at no charge to the Customer during the first 12 (twelve) months from the date of installation where the product is found to be defective due to faulty components, workmanship or design, on condition that the repair is to be done at one of Service Provider ‘s branches or Authorised Fitment Centres and provided that the Customer’s account is not in arrears at the relevant time.
6.2.2 If the Customer has selected the maintenance option Service Provider shall be responsible for the repair and/or replacement, in its sole discretion, of the product or any parts thereof at no charge to the Customer during the full contract period from the date of installation where the product is found to be defective due to faulty components, workmanship or design, on condition that the repair is to be done at one of our branches or Authorised Fitment Centres and provided that the Customer’s account is not in arrears at the relevant time,
6.2.3 Clause 6.2 will not apply in case of a renewal contract. The warranty period will be linked to the renewal option selected.
6.3 The Camera product is subject to a 12-month warranty period from date of installation, where the product is found to be defective due to faulty components, workmanship or design, the below clauses will apply.
6.4 The wireless products are subject to a 12-month warranty period from date of supply of the product to the customer, where the supply date will be accepted as the installation date, Where the product is found to be defective due to faulty components, workmanship or design, the below clause will apply.
6.5 Should it be necessary that any repair and/or replacement of the product be conducted at a location other than at one of Service Provider ‘s branches or Authorised Fitment Centres, the Customer will have to pay Service Provider a call-out fee, in respect of the time and travelling costs incurred by Service Provider due to the aforesaid event. Service Provider shall give the Customer a quotation in respect of these costs which must be accepted by the Customer before any repairs are attended to by Service Provider. If the product was however tampered with, modified, involved in a collision and/or sustained other damage outside Service Provider’s control, the Customer will be liable for the costs of repairs or replacement of the product.
6.5 The following is specifically excluded from the repair/replacement service referred to in clauses 6.1,
6.2 and 6.3: all repairs or maintenance or service necessitated by any damage caused to the Product outside our direct control and scope of influence, including but not limited to;
6.5.1.1 Any Act of God or circumstance beyond Service Provider‘s control;
6.5.1.2 All damage caused by a faulty or spurious electrical supply;
6.5.1.3 All damage caused as the direct or indirect result of any act of tampering, vandalism or malicious damage howsoever caused;
6.5.1.4 All damage caused as a result of a vehicle accident; 6,S.1.5 All damage caused by fire, theft, or flood;
6.5.1.6 All damage caused as a direct or indirect result of civil or political disturbance or any like event;
6.5.1.7 All damage caused by any act of any third party;
6.5.1.8 Any damage caused as a result of the ingress of any fluid penetrating the Product, if applicable;
6.5.1.9 Any replacement of any engine revolution or gearbox “take- off” device including any “W- terminal” or similar device;
6.5.1.10 any stoppage, limitation, engine control, engine shut down or similar event resulting from the incorrect operation of the Product, as defined by the Company;
6.5.1.11 the removal and/or de-Installation or any similar action requiring, removal, re-installation and/or re-location of the Prods c* as required or requested by the Client;
6,5.1.12 Repair and recovery of the server data due to any abnormal occurrence causing such damage or loss of data.
6.5,1.13 where the product has not been operated or maintained in accordance with instructions and/or user manual.
6.5.1.14 Repairs, de-installations or modifications that have been made by persons other than Service Provider.
7 SUSPENSION AND TERMINATION OF SERVICE
7.1 Service Provider may, at any time, and without incurring any liability whatsoever, suspend the service either in whole or in the event of anyone or more of the following occurring:
7.1.1 Technical failure of the GSM network and/or its reporting structures, modifications and/or maintenance to the GSM network‹ by the GSM service provider and/or due to any Government and/or regulatory authority requirement and/or
7.1.2 The GSM provider ceasing to make the network available to Service Provider or if the network‹ stops working for any reason whatsoever and/or
7.1.3 the Customer defaults in terms of the operation instructions provided in the user manual or fails to make any payment of any instalment on the due date thereof and/or
7.1.4 Service Providers prevented from rendering the service due to circumstances beyond its control and/or due to unexpected events; and/or
7.1.5 Any cancellation of the contract by either party after the initial period of the contract and/or
7.1.6 automatically and without prior notice to the Customer, without any liability on Service Provider 's part, in the event that the Customer utilizes the service in any manner which Service Provider, in its sole discretion, deem to be inappropriate, and the Customer hereby indemnify and hold us harmless against any claim that may arise against Service Provider as a result of such improper use of the service; and/or automatically, further, if the Customer or the authorized user misuses the system, and/or
7.1.7 If Customer’s vehicle is reduced to a state for any reason whatsoever, permanently dysfunctional, but not limited to, irreparable mechanical breakdown of the vehicle and irreparable damage caused to the vehicle in an accident.
8 ADDITIONAL CHARGES
8.1 The Customer will be liable for all additional charges in respect of the de/re-installation of the product, any false alarms, incident reports, etc. as listed in the price list, which is available on request. With specific reference to false alarms, it is recorded that the Customer will be liable for the hourly fee to us for any false alarm, in addition to any other charge as contained in this agreement, calculated from the time when such alarm was logged with the Nat Track until such time as any recovery team dispatched to recover the vehicle is notified to stand down. In this regard, any incident report generated by Service Provider shall be sufficient proof of the time spent by a vehicle recovery team (calculated from Response Start Time to Stand Down Time) and the Customer agrees that Service Provider may debit the Customer’s account with the corresponding additional charge.
8.2 The Customer acknowledges that the services provided by Service Provider do not include an international roaming facility . This means that the Customer's vehicle cannot be tracked by Service Provider should the Customer take the vehicle out of South Africa. Accordingly, in this regard Service
8.2.1 Send Service Provider a request, in writing, that the service be activated. This request must be directed to Service Provider’s NAT TRACK If and must be made at least 48 (FORTY EIGHT) hours before the Customer exits the country; and
8.2.2 AS soon as the Customer returns to South Africa, the Customer must notify Service Provider of same so that Service Provider can disable the facility. The Customer will be liable for the additional charges incurred mentioned hereinabove until such time as Service Provider is notified to disable the international roaming facility.
8.3 In the event that repairs and/or services are affected and/or products delivered, the Customer may be held liable for charges additional to the standard warranty terms and conditions if the Customer were duly informed of such additional charges and, after being informed of such charges, authorise the contract to continue and/or products to be installed. For purposes hereof it will be deemed that the Customer authorised the work to be proceeded with and/or products installed if the Customer, or anybody representing the Customer, signed our job card and/or any other document presented for signature upon the rendering of services and/or in Station of products. Service Provider shall provide the Customer with an invoice in respect of these costs upon completion of the work effected in accordance with the job card and/or any other document as presented to the Customer, which invoice shaII be payable by the Customer within 30 (THIRTY) days of issue thereof.
8.4 the Customer will be entitled to request the number of reports, the number of transmit SMS‘s and have a maximum data transfer per month as set out in the contract or user manual as the case may be. Any usage in excess of the allowable amount per month will be charged as per Standard Rates for such excess, as published by on Service Provider website from time to time. The Customer will also be liable for any additional monthly charges incurred on account of SMS/GPRS transmissions in the event of the Customer or any authorised user activating the message forwarding function to a mobile phone.
8.5 Installations are to be performed at the Customer’s location, a Nat Track Solutions Centre or one of our Partner Fitment Centres. Where on site installations require travel in excess of a 60kms round trip, a Nat Track kilometre rate will be charged for the excess kilometres travelled over the 60kms round trip. Installations of the product are to be performed during normal office hours, Monday to Friday 08:00 to 17:00. Any arrangements after these hours will be charged for as overtime as an additional charge to the Customer.
8.6 In the event of an occurrence and the Customer ’s vehicle being recovered, and should the Customer elect not to collect the vehicle at the scene, the Customer hereby duly authorise the Service Provider to tow the vehicle away from the scene at the Customer ‘s own risk, that the vehicle will be stored at the Customer ‘s risk and that the Customer will be liable to the Service Provider for any storage costs which become payable in respect of the storage of your vehicle, commencing from 48 (FORTY EIGHT) hours after the vehicle has been delivered to the storage premises. All costs incurred in this regard shall be for the Customer account.
8.7 If the Customer has subscribed to Advance Protector / Fleet Protector Service, the terms and conditions of use are available on our website and are subject to these specific terms and conditions.
Provider to tow the vehicle away from the scene at the Customer ‘s own risk, that the vehicle will be stored at the Customer ‘s risk and that the Customer will be liable to the Service Provider for any storage costs which become payable in respect of the storage of your vehicle, commencing from 48 (FORTY EIGHT) hours after the vehicle has been delivered to the storage premises. All costs incurred in this regard shall be for the Customer account.
8.7 If the Customer has subscribed to Advance Protector / Fleet Protector Service, the terms and conditions of use are available on our website and are subject to these specific terms and conditions.
8.8 The Customer will be entitled to an agreed number of SMS/ GPRS’s per month in order to obtain information. In respect of a system test and emergency, polls shall be charged at the usual rate charged by Service Provider. 1n the event that the Customer exceeds the allowable monthly usage, the Customer will be charged for such extra usage.
8.9 All voice calls made on this contract are excluded. The Customer will be charged for all voice calls made on the sim cards used on these contracts as additional charges,
8.10 All additional charges shall be payable by the Customer in terms of our Standard Rates for any goods and services rendered and charged by Service Provider to its usual customers, which rates are obtainable from its website or upon a written request to us.
8.11 Where the Camera product has been selected, storage of data will be charged per mega bite of data.
8.12 Where the Customer has selected the Cash Finance option by a 3rd party, an additional document fee will be charged.
8.13 Where the Customer has not paid the agreed money to services the contract , the unit will automatically shutdown the engine of the customers vehicle.
9 CESSIONS AND DELEGATION
The Customer may not delegate cede and/or in any other way deal with the product and/or this contract without our prior written approval. The Service Provider may not without the prior written approval and/or notice to the Customer, may pledge, cede, assign and transfer any of its rights, title, interest in and to the Product and/or arising under this agreement, including any of its rights, title, interest in all book debts and other debts and claims of whatsoever nature, present and future due to and to become due to it and all rights of action arising there under.
10 OPERATIONS IN TERRITORY
The Customer acknowledges that the product will only function in the territory where a GSM network of the GSM service provider is available and obtaining a signal in the area where the vehicle is being operated.
11 OWNERSHIP
11.1 Ownership in the connected GSM subscription and the Sim card shall always vest in Service Provider and/or the GSM service provider.
11.2 All products sold to The Customer shall remain property of the Service Provider, until such time as paid for in full.
11.3 With regards to the rental options selected by the Customer, ownership shall remain with Service Provider and nothing in this agreement shall be construed as conferring any right, title or interest in the product on you at any stage before or after the initial fixed term.
12 GENERAL
12.1 This document contains the entire agreement between the parties and neither of them shall be bound by any undertakings, representations, warranties, promises and the like not provided herein and no alteration or addition to this agreement shall be valid unless agreed to by both parties and, it must be reduced to writing and signed by parties or authorized representative.
12.2 Any document shall be deemed duly presented to and accepted by the Customer (i) within 5 (FIVE) days of prepaid registered mail being posted to the Customer’s address as selected by the Customer in writing in the application form, (ii) within 48 (FOURTY EIGHT) hours of being faxed to any of the Customer’s fax numbers, or (iii) on being delivered by hand to the Customer or any director, member or owner of the Customer or (iv)within 48 (FOURTY EIGHT) hours if sent by overnight courier, or (v) within 7 (SEVEN) days of being sent by surface mail, or (vi) within 24 (TWENTY FOUR) hours of being e-mailed to any e-mail address provided by the Customer or sent via sms.
12.3 the Customer has chosen the address as set out in the application form to which these terms and conditions are attached as the address at which the Customer shall accept any notice, legal process or any like document and furthermore, any document delivered or served at this address or sent to this address shall be deemed to have been received and accepted by the Customer. Should the Customer for any reason whatsoever, no longer accept any notices, legal processes or any like documents at this address, the Customer will have to notify Service Provider of such fact in writing and provide Service Provider with a new address at which the Customer will forthwith accept delivery and/or service of such documents, provided further that the address as set out in the face of this document shall remain the Customer chosen address until such time as the Customer have satisfactorily provided a new address to Service Provider , which address may not be a postal address.
12.4 The Customer consents to the storage and use by Service Provider of the personal information that the Customer has provided to us for establishing the Customer credit rating. The Customer consents to disclosing of this information to credit control companies, banks and other institutions involved in rating the Customer credit. THE Customer agrees that Service Provider will not be held liable for disclosure of any of this information in good faith to third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.
12.5 Any order for purchase of the product is subject to cancellation by Service Provider due to acts of God or any circumstance beyond Service Provider ‘s control, including (without restricting this clause to these instances) inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lock out, or other labour disputes, fire, flood, drought or legislation.
12.6 Each provision of this agreement is severable from the other provisions. Should any specific provision of this agreement be found to be invalid or unenforceable for any reason whatsoever, the other provisions and clauses of this agreement shall nevertheless remain binding and continue to be of full force and effect upon the parties.
12.7 In terms of Section 45 of the Magistrate's Court Act, No 32 of 1944, the Customer hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act, in respect of any action to be instituted against the Customer by us in terms of this agreement. The Customer agrees, however, that it shall be entirely within Service Provider’s discretion whether to proceed with any legal action or steps in such Magistrate's Court or in any other superior Court having jurisdiction.
12.8 All legal fees incurred by in enforcing the provisions of this agreement by way of Court proceedings shall be on an attorney and own client scale.
12.9 Failure to make monthly payment as agreed will result in the tracker installed in the customer vehicle to deactivate and shut down the customers vehicle engine.
13 BREACHES
In the event that the Customer fails to pay any amount due in terms of this Agreement, or are in breach of any other term of this Agreement and after having received notice thereof, and thereafter failing to remedy the breach within 7 (SEVEN) days thereof, then and in that event Service Provider shall be entitled:
13.1 to immediately institute action against the Customer, and to claim the full balance outstanding in respect of any amount with which the Customer account is in arrears as at the date of such breach and furthermore, the balance outstanding in respect of any uncompleted portion of the initial fixed term, or
13.2 to cancel the Agreement and immediately terminate the services and take possession of any goods delivered to the Customer and claim any damages suffered. These remedies are without prejudice to any other right we may be entitled to in terms of this Agreement, or in Law.
13.3 Any order for purchase of the product is also subject to cancellation if the Customer breaches any material term of this Agreement or make any attempt of compromise, liquidation, sequestration, termination or judgment or apply, in terms Section 129 of the Companies Act 2008, for business rescue proceedings.
14 SOFTWARE
If the Customer‘s choice of product includes software Service Provider shall install and maintain standard ONLINE software for one client user, unless chosen differently on this document. This software is downloadable from the website at no additional cost to the Customer. In addition, Service Provider will provide training for one software user. All software is licensed by Service Provider and the use of all the software is regulated by Service Provider’s software license agreement, available on written request. Any additional software installation will be quoted for separately.
15 COOLING OFF
15.1 If the Customer is a natural person or juristic persons whose asset value or annual turnover at the commencement date, is below the threshold value determined by the Minister in terms of Section 6 of the CPA, the Customer may cancel this agreement in the event of this agreement arising from any direct marketing as envisaged in the CPA, without furnishing any reasons or incurring any penalty, by giving notice in writing within 5 (FIVE) days after the later date on which:
15.1.a This agreement was signed; or 15.1.b The product was installed
15.2 Service Provider must return any payment received from the Customer in terms of the transaction within 15 business days after:
15.2.a Receiving a notice of the rescission, if the product was not installed as yet or
15.2.b The de-installation of the product.
16 INSPECTIONS OF GOODS
The Customer has agreed to purchase the goods and/or have it installed solely on the basis of the description thereof and it is recorded that these goods, in all material respects and characteristics, correspond to the description and/or sample thereof.
17 INSURANCES OF UNIT
The Customer is herewith notified that it shall remain its responsibility to ensure that the product is comprehensively always insured, against theft, damage or any other loss not covered under maintenance provided for in terms of this agreement.
18 CREDIT ASSESSMENTS
18.1 The Customer acknowledges and agrees that Service Provider has taken steps to assess:
18.1.1 That the Customer generally understand and appreciate the costs and risks associated with this contract;
18.1.2 The Customer debt repayment history;
18.1.3 The Customer existing financial means, prospects and obligations;
18.2 Service Provider has, pursuant to the information supplied and representations made by the Customer and in connection with the matters set out in this agreement, satisfied itself that the Customer is capable of performing its financial obligations in terms of understand and appreciate the costs and risks associated therewith.
18.3 The Customer r acknowledge s that service provider has entered into this contract on the strength of the financial representations made by the Customer.
19 SURETYSHIP
By my signature hereto, I hereby jointly and severally bind myself to the company or person on whose behalf I sign as surety and as co-principal! debtor in solidum with each of the other of us and I acknowledge that I can be held li able for the due and punctual payment and performance by the company or person on whose behalf I sign, in favour of the service provider of all debts and obligations of whatsoever nature and howsoever arising, including the payment to the service provider of all and any amounts which may at any time be owing to it by the company or other person from whatsoever.
