Terms and Conditions

Debit Order Terms and Conditions

This signed Authority and mandate refers to our contract as dated as on signature hereof (“the Agreement”). I/We herby authorise you to issue and deliver payment instructions to the bank for collection against my/our above mentioned account at my/our above mentioned bank (or any other bank or branch to which I/we my transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and mandate is terminated by me/us by giving you notice in writing on no less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address indicated above. All payments are in advance.

Th individual payment instructions so authorised to be issued must be issued and delivered as follows:

1) I herewith authorize Moto-Track to debit my account each and every month. __________________

In the event that the payment day falls on a Saturday, Sunday or recognised South African public holiday, the payment day will automatically be the ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and represent the instruction for payment as soon as sufficient funds are available in my account. All administration fees on returned payment will be for the client account.

2)Monthly, on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction my not be more or less than the obligation due;

3)Annually; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less than the obligation due;

4) In the event that the debit order fails for whatso ever reason the client (undersigned) will be liable for the cost of said failed debit attempt to the value of R150.00, or any other costs and fees arising as a result of the said failed debit attempt.

I/|We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I/We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force. If such amounts were legally owing to you.

MANDATE:

I/We acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned bank as if the instructions has been issued by me/us personally.

CANCELLATION

I/We agree that although this Authority and mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn wile this authority was in place

Service Agreement Terms and Conditions

Moto-Track Service Agreement

Standard Terms & Conditions of Contract

1. Definitions:

“This/The Agreement” – This purchase and service agreement as selected in the application form and any appendices attached.

“Application Form” – The face of this agreement and the vehicle schedules (if any) attached, containing, amongst others, the details of the Client and the Client’s vehicle/s.

“Moto-Track” – Moto-Track (PTY) Ltd shall include references to Moto-Track employees, agents, sub-contractors, any independent contractors, the Service Provider, the Service Provider’s employees, agents and independent contractors, sub-contractors, employees and agents.

“Cooling-Off” – means the right of the Client to rescind the Agreement if it originated from Direct Marketing.

“Day, Week, Month” – Calendar day, week or month, respectively

“Direct Marketing” – means where Moto-Track approached the Client, either in person or by mail or electronic mail, for the direct or indirect purpose of promoting or offering to supply the Services to the Client.

“The Fee” – The collective fees for providing the Service, payable monthly in advance by the Client to Moto-Track, together with any other charges (specified on the Application Form and/or which Moto-Track is allowed to levy) under this Agreement and which are set out in the Price Table. The Fee for the Service shall increase as specified in this Agreement.

“Installation Centre” – An Moto-Track -approved centre whose business includes the installation of Units.

“Intermediary” – A third party nominated by the Client

“Loss” – The hi-jacking and/or theft of a vehicle, unless otherwise specified in which event the Client is responsible to immediately notify Moto-Track.

“Monitoring Message” – The providing of information to the Client of the vehicle’s ignition status and/or position.

“Monitoring Request” – Any request made (whether deliberately or by mistake) regarding the ignition status and/or position of a vehicle

“Monitoring Service” – The providing of information to the Client of the vehicle’s ignition status and/or position

“The Parties” / “Party” – Moto-Track and the Client; either Moto-Track or the Client

“Price Table” – An indicative price list, available to the client on request, setting out the ruling retail price for the Units, the Service and ancillary charges which are updated from time to time without prior notice.

“Purchase Price” – Where this is a purchase and service agreement, the amount specified under the purchase agreement, unit cost as per the Application Form for the purchase of the Unit.

“Recover(y)” – After notification to Moto-Track of a loss, Moto-Track will do all it reasonably can to secure the vehicle within the frames of South African Legislation. If Moto-Track is under obligation to deliver the vehicle after securing the vehicle to a relevant authority, Moto-Track shall deliver the vehicle to the relevant authority.

“The Service” – The Recovery and Monitoring Service to be provided to the Client and performed by Moto-Track, regarding the vehicle/s, in accordance with this Agreement.

“Service Provider” – Moto-Track or an entity appointed by Moto-Track to perform the services and to which this Agreement will apply and be read with the necessary changes.

“Signature Date” – The date upon which the last party signs this Agreement.

“Suspended Service” – In the event that services has been suspended due to breach of this agreement

“Term” - From and including the date of installation to 00:00 on the last day of the 24^th month thereafter. Or any other set agreed date/period.

“The territory” – The Republic of South Africa

“Unit” – The electronic device and ancillary equipment approved by Moto-Track, to be installed in a vehicle by an approved installation centre.

“Vehicle” – Any vehicle of the Client, the details of which appear either on the Application Form or on any vehicle schedule attached, in which vehicle a unit is installed and which vehicle is the subject of this Agreement.

2. The Service

2.1 Moto-Track will respond to each notification of a Loss and do all that it reasonably can to recover the vehicle. The Client authorises Moto-Track to Recover, the vehicle for the Client and the Client authorises Moto-Track after Recovery, if necessary, to move the vehicle from a dangerous location for the safety of the vehicle and/ or the Moto-Track Recovery crew. The Recovery will, unless agreed by notice to the Client in writing, be rendered free of additional charge within the Territory. In the event that Moto-Track requires to tow the vehicle the client will be responsible for all cost of such towing directly to the service provider.

2.2 The Client may use the Monitoring Service and will be responsible to Moto-Track for the fee for every Monitoring Message generated, whether deliberate or by mistake.

2.3 Moto-Track does not guarantee that the service will lead to a Recovery. The Client acknowledges that the service is intended to reduce the risk of loss, but will not eliminate such risk.

2.4 Moto-Track provides its Clients with access to a monitoring platform. However, the responsibility is on the Client to ensure that the correct web browser is used to be able to use the platform provided under the agreement.

2.5 The unit installed is dependent on GPS and GPRS signals which is in turn dependent on mobile network suppliers. Moto-Track cannot be held responsible should these signals be interrupted, non-present, weak or blocked by an external device by any party

2.6 Moto-Track provides its Clients with a free, 24 hour Unit testing service. However, the responsibility is on the Client to contact the Moto-Track control centre for a Unit test to be carried out. The Client must take all reasonable steps to ensure that the Unit is in proper working order and must immediately or as soon as is practically possible report any Unit faults and/or failures to Moto-Track in order for Moto-Track to provide the service.

3.Terms And Cancellation

3.1 This Agreement shall continue for the Term of 24 (twenty four) months with an annual escalation of minimum 10% after the initial 12 (twelve) months

3.2 The Client (if the Client is a natural person) may cancel this Agreement:

3.2.1 Upon the expiry of the Term, without penalty or charge, subject to the Client remaining liable to Moto-Track for any amounts owed in terms of the Agreement up to the date of cancellation; or

3.2.2 At any other time, by giving Moto-Track 30 (Thirty) business days’ notice in writing or other recorded manner and form, subject to the Client remaining liable to Moto-Track for any amounts owed in terms of the Agreement up to the date of cancellation and Moto-Track may impose a reasonable cancellation penalty with respect to the Services provided in contemplation of the Agreement enduring for its intended Term. This includes but is not limited to the remainder of the contract as per termination date (5.7).

3.3 The Client (if the client is a juristic person) may cancel this Agreement by giving Moto-Track 1 (one) month’s written notice after the expiry of the Term, subject to the Client remaining liable to Moto-Track for any amounts owed in terms of the Agreement up to the date of cancellation.

3.4 Moto-Track may cancel this Agreement 20 (twenty) business days after giving written notice to the Client of a material failure (i.e. non-payment or failure to comply with the obligations in terms of this Agreement) by the Client to comply with the Agreement, unless the Client has rectified the failure within that time.

3.5 In terms of any cancellation of this Agreement in terms of 3.2.2 and 3.3 the Client will be responsible for the reasonable costs of Moto-Trackl as set in 3.2.2

3.6 Should the Client have concluded the Agreement with Moto-Track as a result of Direct Marketing, the Client has the right to enforce its Cooling-Off rights by being entitled to cancel the Agreement, within 5 (five) business days after the Agreement has been concluded, by written notice to Moto-Track. If any payment has been made by the Client to Moto-Track in terms of the Agreement emanating from Direct Marketing, Moto-Track will return the payment to the Client within 30 business days if no Installation has been completed or within 30 business days after the return of the Unit to Moto-Track if Installation has already taken place, providing that the unit has no damages. All Installation costs set in this agreement will be non-refundable during this period.

4. Renewal

4.1 Moto-Track will, not be responsible to notify the Client of:

4.1.1 Pending expiry dates,

4.1.1 Any material changes that will apply if the Agreement is to be renewed or which may apply beyond the expiry of the Term; and

4.1.2 Notice of any options available to the Client in terms of 4.2 below.

4.2 On the expiry of the Term of the Agreement, it will automatically be renewed for an additional (24) twenty four months, at the current rate of Moto-Track service, subject to the notice periods in 3 above and any material changes of which Moto-Track has given notice (in terms of 4.1.1 above) unless the Client:

4.2.1 Directs Moto-Track to terminate the Agreement on the expiry date of the Term by giving notice of termination in terms of 3 above; or

4.2.2 Agrees to a renewal of the Agreement for a further fixed period.

5. Fee

5.1 The retail prices for the Units, the Service and ancillary charges payable by the Client are reflected in the Price Table. Moto-Track will send the current Price Table to the Client, should the Client request this.

5.2 As payment for Moto-Track undertaking to provide the Service, the Client shall pay Moto-Track the Fee as set out in the Application Form, monthly in advance by debit order on the Client’s bank account as per the debit order authorisation on the Application Form, provided that the first Fee shall be paid on the signature date. Moto-Track will increase the Fee by 10% each period of one year from the installation date for years two only and thereafter by a percentage based on the prevailing Consumer Price Index, only if deemed necessary, by giving notice of not more than 80 (eighty) days nor less than at least 40 (forty) days before the one year anniversary in writing stating the increase and the amount of such increase and the date it shall become effective. These increases are clearly specified in the Price Table ruling on date of signature of this Agreement.

5.3 The Client will pay for Monitoring Messages gathered monthly in arrears or as per the debit order authorisation contained in the Application Form.

5.4 If, as a result of a Monitoring Request, Moto-Track renders any additional service not otherwise covered in terms of this

Agreement, the Client shall pay to Moto-Track the amount agreed between the Parties in accordance with Moto-Track’s Fees at that time, as read and understood by the Client, before Moto-Track carries out the additional service.

5.5 The Client will be responsible to pay the amount(s) due under this Agreement. All amounts outstanding in terms of this Agreement shall bear interest from the due date until payment at the maximum rate permitted by the National Credit Act, Act 34 of 2005 (“NCA”) applicable to Incidental Credit Agreements.

5.6 Where the Fee is, by direct or indirect Agreement between the Client and the Intermediary, to be paid to Moto-Track by the Intermediary and the Intermediary fails to pay any Fee, the Client will be responsible to pay such Fee and, for the remaining term of this Agreement, to pay by debit order in terms of 5.1 any outstanding Fee due and any future Fee due in terms of this Agreement.

5.7 Fees for other services shall be charged for at prices (VAT inclusive) per following table subject to escalation from time to time (without prior notice):

Other Service Charges
De-Installation / Re-Installation	R 250-00
Change of ownership	R 300-00
No Show Fee on Scheduled appointments	R 250-00
Early Termination of Agreement / Contract (Before 24 months)	Balance of the remaining term of the Agreement / Contract. Including an administration levy of R 300-00.
Out of Warranty repair costs	A call out fee of R250-00 will be charged, plus if applicable the replacement cost of the Unit
Re-Connection of Suspended Service	In the event that the service has been suspended in the 24-month period a re-connection fee of R250-00 will be levied
Recovery of Suspended Service	In the event that an account has been suspended in the 24-month agreement period and the client requires us to recover the vehicle our recovery rates are charged as per our current recovery. Excluding our traveling to recover the said vehicle

6. Hardware Warranty and Insurance

6 .1 Notwithstanding 2 Moto-Track will not provide the Service unless an Installation Centre or accredited certified installer, installs the Unit in a Vehicle and the Unit is programmed, enabled and functioning to Moto-Track ‘s manufacturer’s specifications. The Client will be responsible to use the Unit and the Services in accordance with the Price Table and other literature. The Client shall not, in any way, alter or tamper with the Unit.

6.2 Subject to the Client complying with 6.1, the Unit and the installation thereof carries a 6 (six) month warranty. Any maintenance and/or repairs must be carried out at an Installation Centre or by an accredited certified installer.

6.3 All risk of loss and damage in and to the Unit shall, from the date of installation, pass to the Client.

6.4 If the Client rents the Unit, then the Client must insure the Unit for its current market value for the duration of this Agreement against such risks of loss, damage, destruction or mechanical breakdown customarily insured for.

7. False Alarms

The Client shall immediately or as soon as be practically possible notify Moto-Track of any Monitoring Request or Recovery request accidentally or unintentionally generated (” false alarm”). The Client will be responsible for any false alarm and understands that such false alarm may lead to the relevant authorities or Moto-Track responding thereto and making wrongful arrests. Accordingly, the Client shall be responsible to repay all costs and any expense incurred by Moto-Track, and hereby indemnifies the Service Provider against all claims or damages, arising out of a false alarm or negligence on the client’s side should the client not notify Moto-Track of such False Alarm.

8. Furnishing of Information

8.1 The Client confirms the correctness and accuracy of all the information on the Application Form or otherwise furnished by or on behalf of the Client to Moto-Track.

8.2 The Client shall immediately or as soon as be practically possible, notify Moto-Track in writing of any changes in the information on the Application Form or furnished to Moto-Track from time to time by written notice to Moto-Track’s chosen address which will be updated within 7 (seven) days of receipt by Moto-Track.

8.3 The Client has chosen the legal service address referred to on the Application Form as its chosen address where all communications from Moto-Track and any legally required notices will be delivered for all purposes arising out of this Agreement, provided that the Client shall be entitled to change such legal service address, on written notice to Moto-Track. Moto-Track will affect the change of legal service address within 7 (seven) days of receipt by Moto-Track of such notice.

9. Client’s General Obligations

The Client must ensure that:

9.1 The Client keeps the Moto-Track emergency numbers +27 (0)73-243-1102 and contacts Moto-Track as soon as possible after a loss;

9.2 If the Client becomes aware or is made aware by Moto-Track that the Unit in a vehicle is not operational, the vehicle is immediately or as soon as is practically possible taken to an Installation Centre, as Moto-Track will be unable to provide the Service until the Unit is operational.

9.3 The Client keeps false alarms to a minimum. Moto-Track will respond once positive confirmation of a loss can be obtained.

10. General

10.1 Moto-Track will make every effort to carry out its obligations under this Agreement. Where Moto-Track is directly or indirectly prevented or restricted from carrying out all or any of its obligations under this Agreement by a cause beyond its control, then Moto-Track cannot be held responsible for delay or failure in performance in meeting its obligations, but only to the extent so prevented. In this case Moto-Track will complete the work as soon as is reasonably possible.

10.2 All Services provided to the Client by Moto-Track are subject to these terms and conditions together with any previous written representations given or made by Moto-Track or any of Moto-Track ‘s representatives.

10.3 Neither Moto-Track nor the Client may alter the terms of this Agreement without the consent of the other in writing.

10.4 Where any number of days or other period is given in this Agreement for the carrying out the Services or obligations, the days will be calculated excluding the first day and including the last day.

10.5 In the event of Moto-Track taking legal action against the Client or the intermediary for breach of payment under this Agreement, the Client shall be responsible for all costs allowable by the courts if an award is made in Moto-Track’s favour.

10.6 The nature and amount of any indebtedness of the Client to Moto-Track at any time shall prima facie be determined and proved by a document signed by a manager for the time being of Moto-Track, whose capacity or authority it shall not be necessary to prove, which certificate shall, upon the mere production thereof, be binding on the Client as prima facie proof on the face of it of the contents of the document and of the fact that the amount stated therein is due and payable in any legal proceedings against the Client, and will prima facie be valid as a liquid document against the Client in any competent court. If the client wishes to dispute such certificate or the effects thereof as set out above, the burden of proof rests on the Client to prove otherwise

10.7 Neither party may cede or delegate the rights or obligations in terms of this Agreement without the prior written consent

of the other Party, which consent shall not unreasonably be withheld.

10.8 Moto-Track will try and solve any disagreements quickly and efficiently. If you, the Client, are not happy with the way we

deal with any disagreement you can direct a complaint to the Consumer Commission and should your complaint not be resolved to your satisfaction and you may want to take proceedings to Court, you must do this within the Territory.

10.9 The law of the Republic of South Africa will apply to this Agreement and the relevant courts of the Republic of South Africa will have exclusive jurisdiction in relation to the Agreement.

11. Default

If the Client (or the intermediary on the Client’s behalf), after 7 (seven) days written notice of default, fails to pay any amount due in terms of this Agreement or the Client abuses or misuses the Service, then, for the duration of such default, Moto-Track may suspend all of its obligations. Moto-Track shall be entitled to recover arrear Fees by debiting the Client’s account with the outstanding amount or by any other legal action, and cancel the Agreement and charge a reasonable penalty fee for early termination.

12. Exclusion of Liability

In addition to any other indemnities contained in this Agreement, Moto-Track will not be liable for any loss or damage of whatsoever nature caused to the Client in consequence of any act or omission by Moto-Track, notwithstanding any negligence on the part of Moto-Track, provided only that Moto-Track is entitled in law to contract out of such liability.

13. Hardware

The device stays the property of Moto-Track (PTY)Ltd for the duration of the agreement. Moto-Track (PTY)Ltd requires 48 hours notification should the vehicle be sold to retrieve the device. Should the client fail to inform Moto-Track of this the client becomes liable for the full replacement cost.