WE TRACK 24/7 VEHICLE TRACKING & GSM SERVICES
Contents
1. Code Fax E mail 4 Vehicle and registration details Piease include a copy of the vehicle s registration papers or licence disc Registration no Engine no VIN no Page 1 of 9 Vehicle make eg VW Model eg Polo Colour Year Preferred town suburb for fitment 5 Authorised user details Primary user ID no Tel no Cell no Polling access required YES NO User name Password Seconda ID no Tel no Cell no Polling access required YES NO User name Password Third user ID no Tel no Cell no Polling access required YES NO User name Password The subscriber requires WT24 7 to react to alarms from the vehicle and respond to telephonic requests for information servict from the subscriber authorised users named below who are to have cellular phone access to the secure unit and information Subscriber signature Date 6 Debit order authorisation Please attach a copy of a cancelled cheque or header of2. WE TRACK 24 7 Reg No 2011 136793 07 PO Box 1333 Durbanville Cape Town 7551 Tel 086 111 7673 Fax 021 975 2477 E mail info wetrack247 co za VEHICLE TRACKING amp GSM SERVICES CONTRACT This form duly completed including Addendum A Required Services and the Terms and Conditions forms part of the contractual agreement entered into by and between the SUBSCRIBER named and identified in the following lines and We Track 24 7 hereafter referred to as WT24 7 When completed please fax your form to 021 975 2477 1 Private individuals Please include a copy of the relevant ID and bank statement Title ID No Employer Insurance co Broker Marital status tick Name of spouse First name Surname Single Married COP Spouse s ID Tel no Policy no ANC with Accrual ANC no Accrual 2 Businesses Companies Please include all relevant documentation Company name Registration no Insurance co Contact person duly authorised by the company VAT no Policy no 3 Invoicing information Postal address Physical address Tel no Cell no Code
3. Customer s failure to execute the obligations timeously Whilst WT24 7 will use its best endeavours to locate the vehicle once stolen due to circumstances outside the control of WT24 7 or its nominee WT24 7 does not warrant that its endeavours will lead to the location and recovery of the vehicle The Customer shall ensure it is familiar with the correct operating procedure for the product and the use of WT24 7 tracking services WT24 7 obligations under this agreement are limited to the monitoring of the product and use of the best endeavours to locate the vehicle Where the Customer has chosen for the recovery of the vehicle the Customer acknowledges that WT24 7 is contracted to a third party nominee or person to recover the vehicle and or provide services in terms of this agreement In the event that such third party nominee or person ceases to make such services available for any reason whatsoever whether temporarily or not WT24 7 in its sole discretion and without incurring any liability at any time and from time to time suspend the WT24 7 service in whole or in part OPERATION IN TERRITORY The Customer acknowledges that the product will only operate in the territory in the event that a GSM network of the GSM service provider is available and obtaining a signal in the area where the vehicle is being operated OWNERSHIP Ownership in the Sim card and connected GSM subscription shall always vest in WT24 7 All unit s st
4. Automatically and without prior notice and without liability on the part of WT24 7 in the event of the Customer utilising the service in any manner deemed by WT24 7 in its sole and absolute discretion to be inappropriate and the Customer hereby indemnifies and holds WT24 7 harmless against any claim that may arise against WT24 7 as a result of such improper use of the service Automatically further if the Customer or authorised user misuses the system The Customer failing to inform WT24 7 in writing within 7 SEVEN days after the change of any Director Member Shareholder Owner or Partner or address or the alienation by the Customer of its business and failure to give such notice shall constitute a material breach of this Agreement by the Customer to which WT24 7 shall have the right at its sole discretion to cancel the Agreement alternatively to withdraw any credit facility advanced to the Customer and demand payment of any amount then outstanding by the Customer in full The Customer shall be entitled to claim a pro rat reduction of the services fee for the period during which the tracking services are suspended provided that the suspension endures for an uninterrupted period of no more than 48 hours 8 ADDITIONAL CHARGES 8 2 8 3 8 4 8 5 8 6 8 7 The Customer shall be liable for all additional charges in respect of the de re installation of the product any false alarms after the third one for any specific mo
5. OF LIABILITY Whilst WT24 7 shall take every care to ensure that all reasonable efforts are made regarding the product and the service such product and service can be affected by factors outside WT24 7 s control WT24 7 does not accordingly provide any warranty nor accept any liability arising in respect of any failure in the provision of the service arising from any negligence or gross negligence on the part of WT24 7 or its nominee or agents or subcontractors or any damage including any loss of profits business or revenue or any consequential loss suffered by the Customer as a result of any delay defect or other failure of the product or services The Customer remains responsible for ensuring that the product is comprehensively insured at all times whether on a rental option or otherwise CUSTOMER S RESPONSIBILITY The Customer should on a weekly basis upon prior notification to WT24 7 test the panic and other alarm statuses where applicable with the WT24 7MC to ensure that the product is always in good working order In the event of an occurrence and the Customer s vehicle being recovered should the Customer elect not to collect the vehicle at the scene the Customer hereby duly authorises the recovery service provider to tow the said vehicle away from the scene at the Customer s risk that such vehicle will be stored at the Customer s risk and that he she it will be liable to the recovery service provider for any storag
6. disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party Each provision of this Agreement is severable from the other provisions Should any provision be found to be invalid or unenforceable for any reason the remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect INITIAL Any order is subject to cancellation by WT24 7 due to acts of God or any circumstance beyond the control of WT24 7 including without restricting this clause to these instances inability to secure labour power materials or supplies war civil disturbance riot state of emergency strike lockout or other labour disputes fire flood drought or legislation Any order is subject to cancellation by WT24 7 if the Customer breaches any term of this Agreement or makes any attempt of compromise liquidation sequestration termination or judgement is recorded against the Customer or any of its principals Ownership in all goods product remains the property of WT24 7 In the event that the subscriber is a legal entity the signatory acknowledges that the legal entity has given the necessary resolutions and permission to enter into the agreement with WT24 7 INDEMNITY The Customer hereby indemnifies WT24 7 against any claims for damage to the vehicle resulting from a refusal on the par
7. numbers or iii on being delivered by hand to the Customer or any director member or owner of the Customer or iv within 48 hours if sent by overnight courier or v within 7 days of being sent by surface mail or vi within 24 hours of being e mailed to any e mail address provided by the Customer The Customer chooses its address for any notification or service of legal documents or processes as the business address or the physical addresses domicilium citandi et executandi of any Director in the case of a company Member in the case of a close corporation or of the Owner s or Partner s The Customer undertakes to inform WT24 7 in writing within 7 days of any change of Director Member Shareholder Owner or Partner or address or 14 days prior to selling or alienating the Customer s business and failure to do so will constitute a material breach of this Agreement Upon receipt of such written notification WT24 7 reserves Page 7 of 9 12 10 12 11 12 12 13 13 1 14 14 1 the right at its sole discretion to withdraw any credit facility advanced to the Customer The Customer hereby consents to the storage and use by WT24 7 of the personal information that it has provided to WT24 7 for establishing its credit rating and to WT24 7 disclosing such information to credit control companies banks and other institutions involved in rating credit The Customer agrees that WT24 7 will not be held liable for the good faith
8. your bank statement Account holder Bank ea Branch Branch code Account type Payment date 1 day of the month I We hereby acknowledge acceptance of the above services and costs and authorise WT24 7 or its cessionary in terms of the VEHICLE TRACKING amp GSM SERVICES CONTRACT to draw against my our banking account details indicated above varying amount Name Signature Date Name Signature Date 7 Declaration The subscriber warrants that the above information is true and correct and by his her their signature acknowledges entering into a VEHICLE TRACKING amp GSM SERVICES AGREEMENT with WT24 7 on WT24 7 s standard Terms and Conditions as provided in this contract and further acknowledges that he she is authorised to undersign and enter into this agreement Name Signature Page 2 of 9 Date Name Date Signature Page 3 of 9 ADDENDUM A Required services The subscriber wishes to receive the following selected services Plan 36 month contract LUN NE weite RimosRm r s O We Lite Mini Ri s09 Rt45pm RSesR Spm wee RimosR m _ravo risopm Wecan _r1900 Rt6opm notave J All units stay t
9. ay the property of WT24 7 and must be returned 12 GENERAL 12 1 12 2 12 3 12 4 12 5 12 6 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 reduced to writing and signed by the Customer and a duly authorised representative of WT24 7 In the event that WT24 7 institutes any legal proceedings of any nature whatsoever against the Customer arising out of this agreement the Customer shall be liable to pay all the legal expenses of WT24 7 on the attorney and own client scale including but not limited to any tracing fees collection charges valuation fees or any other costs WT24 7 may incur in respect of such an action The Customer agrees that WT24 7 will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate s Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of 1959 Any document shall be deemed duly presented delivered to and accepted by the Customer i within 5 days of prepaid registered mail to any of the Customer s business or postal addresses or to the personal address of any director member or owner of the Customer or ii within 24 hours of being faxed to any of the Customer s fax numbers or any director member s or owner s fax
10. ccepted by WT24 7 either in writing via e mail or fax or by its commissioning of the product a binding agreement will come into existence between WT24 7 and the subscriber on the terms herein The Customer endeavours to provide WT24 7 with the original signed agreement and failure to do so does not constitute the agreement null and void This express agreement with the Customer shall commence on the commencement date and shall endure for a fixed period of 36 THIRTY SIX months from the commencement date where after it shall continue 3 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 5 2 5 3 5 4 5 5 6 6 1 indefinitely unless and until it is terminated by either party on the giving of 3 THREE months written notice to the other party SUBSCRIPTIONS The Customer shall pay the monthly subscriptions in advance by way of direct bank debit order to WT24 7 from time to time WT24 7 shall be entitled to increase the subscription by the giving of not less than 30 THIRTY days written notice to the Customer Any amounts not paid timeously shall become payable together with interest thereon and the penalties charged to WT24 7 by the bank from the date when the amount became due and payable until the date of payment at 2 TWO PER CENT above the prime rate In the event that a third party is paying the Customer s subscription this shall in no way limit the Customer s obligation to pay such subscription in the even
11. cement date means the date of the installation certificate WT24 7 means We Track 24 7 Registration No 2011 136793 07 Customer means the subscriber who is the person and or company whose full details are set out on the face of the document paragraph 1 and or 2 hereof WT24 7MC means We Track 24 7 Monitoring Centre False alarm means an alarm signal sent to a WT24 7MC in respect of a panic alarm area violation or battery tampering where such a condition is not an actual emergency and the Customer authorised user has not notified the WT24 7MC in respect thereof GSM Service is 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 WT24 7MC Installation certificate means the certificate issued by a WT24 7 installer certifying that the product has been successfully installed in the vehicle Occurrence means the happening of an event which initiates the recovery process or some other action for which the product is designed Prime rate means the prime rate charged by Standard Bank of South Africa from time to time to its most favoured subscribers on unsecured overdraft accounts in which regard a certificate signed by an official of the said bank stating the interest rate applicable from time to time shall be prima facie proof of such interest rate Product means the WT24 7 Secure range of products to be ins
12. d amp captured by Date VEHICLES ADDENDUM TO THE STOLEN VEHICLE RECOVERY amp GSM SERVICES CONTRACT Page 8 of 9 This document serves as an annexure to the Agreement as envisaged in item 1 2 1 of the Terms and Conditions of Agreement attached to the VEHICLE TRACKING amp GSM SERVICES CONTRACT entered into between the Subscriber described above and WT24 7 Please fax your completed agreement to 021 975 2477 The agreement will be deemed to be accepted on written notice from WT24 7 or by commissioning of the product Page 9 of 9
13. e costs which become payable in respect of the storage of the said vehicle commencing from 24 TWENTY FOUR hours after the vehicle has been delivered to the recovery service provider s premises All costs incurred in this regard shall be for the account of the Customer The Customer shall inform the vehicle manufacturer of the fitment of the product where the vehicle manufacturer requires such notification The Customer shall not be entitled to cede assign sub contract or delegate any of its rights or obligations under this agreement without WT24 7 s prior written consent The Customer shall provide WT24 7 with the data and personal information required in the schedule and shall update that data and information as and when change occurs WT24 7 S RESPONSIBILITY Whilst every care will be taken by WT24 7 in the installation of the product no liability shall be assumed of any nature whatsoever by WT24 7 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 Page 6 of 9 6 2 7 1 2 7 1 3 7 1 5 7 1 6 7 1 7 INITIAL WT24 7 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 first 12 TWELVE months from the date of installation where the product is found to be defective due to fault
14. he Customer wishes to subscribe for those additional services then it shall execute WT24 7 s fleet management service agreement which agreement will save for the amendments which are necessary to give meaning to that agreement be subject to the terms and conditions set out in this agreement Signed at On date BREACH In the event that the Customer fails to pay any amount due in terms of this Agreement or is in breach of any other term of this Agreement and after having received due notice thereof from WT24 7 and failing to remedy such breach within 7 SEVEN days thereof then and in that event WT24 7 shall be entitled Client Name and surname of signatory ID no Witness to immediately institute action against the Customer claiming from the Customer the full balance outstanding in respect of any uncompleted portion of the initial period of 36 THIRTY SIX months or Address FOR OFFICE USE ONLY Subscriber account no Fitment centre name Installation certificate no Invoice no Sales representative Private individual Copy of ID 1 Cancelled Business Order no eaque Both Debit order details verified Cancelled cheque bank statement payslip Signature amp initials Signatory ID Signature amp initials Subscriber name on all forms Checke
15. he property of We Track 24 7 and must be returned Accessories 8 e9 R399 R 0pm R799 R799 R30pm wem ef Re 880 Reo R1 999 R20pm poe Sensor R899 RB99 R20pm e t P R499 R35pm R114 once off Remote 24 hr Relay for Online CCTV 3G Parkaiarm s e Rearrapm Oooo o All per month pricing is subject to a 36 month contract Ts amp Cs apply Prices include VAT Page 4 of 9 Value added services Real time monitoring by 24 hour control R39pm included in monthly fee Ir room Low battery power down phone R10pm included in monthly fee notification Unit insurance in case of theft R35pm Ts amp Cs apply Stolen vehicle recovery Roadside assistance SIM data from outside South Africa Schedules SARS log book Optional free reminder service Send copy of driver s licence To be reminded of the following renewals please specify the renewal date or other details Vehicle 1 Vehicle registration Vehicle licence Professional Driving Permit PDP Driver s licence Service intervals Every km Other specify details Vehicle 2 Vehicle registration Vehicle licence Professional Driving Permit PDP Driver s licence Service intervals Every km Other specify details Vehicle 3 Vehicle registration Vehicle
16. l be conclusive proof of the value If the goods are not recovered for any reason whatsoever the value shall be deemed to be nil All legal fees incurred by WT24 7 against the Customer is payable on a scale between attorney and own client The Parties consent to the jurisdiction of the Magistrate s Court EXTENDED WARRANTY MAINTENANCE If the Subscriber accepts this option WT24 7 shall maintain and repair the unit should it break for the entire period of the agreement at no extra cost unless circumstances as set out in Clause 6 2 above occur INSURANCE If the Subscriber accepts this option WT24 7 will keep the unit insured against all risks of theft or damage from collision and or any other damage sustained by the product for the duration of the contract TERMINATION If the Subscriber wishes to terminate this Agreement for any reason whatsoever within the first 30 days the Subscriber may apply to WT24 7 for such with a cancellation penalty of 50 of the remaining Agreement term plus de installation costs and return of the tracking unit to WT24 7 SURETY The signatory hereby binds himself herself in his her personal capacity as surety and co principal debtor in solidum for the due performance of all the subscribers obligations under this Agreement WT24 7 FLEET MANAGEMENT OR ADDITIONAL SERVICES WT24 7 may offer to the Customer the services necessary for the facilitation of vehicle fleet management In the event that t
17. licence Professional Driving Permit PDP Driver s licence Service intervals Every km Other specify details Vehicle 4 Vehicle registration Vehicle licence Professional Driving Permit PDP Driver s licence Service intervals Every km Other specify details Page 5 of 9 TERMS AND CONDITIONS 1 INTERPRETATION In this Agreement 1 1 1 2 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 1 2 9 1 2 10 1 2 11 1 2 12 1 2 13 1 2 14 1 2 15 1 2 16 1 2 17 1 2 18 1 2 19 1 2 20 1 2 21 Clause headings are for convenience and shall not be used in this interpretation Unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other genders a natural person includes an artificial 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 Agreement means this agreement including the front page as well as any other annexure and schedules from time to time incorporated by reference to this agreement Authorised users means those who may be authorised by the Customer to request position updates in respect of the vehicle from the WT24 7MC or to request immobilisation of the vehicle Commen
18. nth incident reports testing the secure units etc Additional ground recovery after the 1 recovery per vehicle per month will be charged at R500 VAT per hour This will be for the account of the Customer In the event that the Customer utilises the international roaming facility he will be liable for the additional costs incurred by SMS GPRS transmissions made while outside of the territory The Customer shall be entitled to request the number of reports transmit the number 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 to the allowable amount per month will be charged as per Standard Rates of WT24 7 for such excess Installations are to be performed at WT24 7 branches or approved fitment centres Where on site installations are agreed upon travelling in excess of a 100km round trip will be charged at R2 75 km All additional charges shall be payable by the Customer in terms of the Standard Rates of WT24 7 for any goods and services rendered then charged by it to its usual Customers which rates may be obtained on request The Customer shall be entitled to an agreed number of SMS s in order to obtain information per month In respect of a Secure test and emergency poles shall be charged at the usual rate charged by WT24 7 In the event that a Customer exceeds the allowable monthly usage then such Customer shall be charged for such extra usage as pr
19. ovided for in Clause 8 6 9 2 9 3 9 4 9 5 9 6 9 7 9 8 10 11 11 1 11 2 THE WT24 7 SERVICE WT24 7 shall use its best endeavours to maintain the availability of the WT24 7 Tracking Service to the Customer in the territory subject to the terms set out herein Where the vehicle s are stolen in the territory during the period of this agreement WT24 7 shall use its best endeavours to utilise the product and its resources and or those of its nominee for the purpose of locating the stolen vehicle In giving effect to its obligations above WT24 7 will utilise the product to monitor the alarm system of the vehicle and where a Customer does not itself report the theft of a vehicle WT24 7 will contact one or more of the contact should an alarm signal be received from the product and will thereafter use its best endeavours to locate the vehicle WT24 7 will in its sole discretion have the right to sub contract cede or assign some or all of its obligations under this agreement to a third party without the necessity of first receiving the Customers consent Where the vehicle has been stolen it shall be the responsibility of the Customer to inform WT24 7 immediately In the event that the vehicle is located other than by WT24 7 or its agents or if the Customer fails to act under this obligation timeously WT24 7 shall be entitled to recover from the Customer that portion of amounts as were incurred as a result of the
20. t of the third party failing to do so The Customer agrees that the amounts contained in a Tax Invoice issued by WT24 7 shall be due and payable unconditionally 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 WT24 7 The Customer may not withhold payment of any amount due 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 WT24 7 The Customer is not entitled to set off any amount due to the Customer by WT24 7 against this debt in terms of the agreement The Customer agrees that a certificate issued and signed by any director or manager of WT24 7 or its duly appointed auditors from time to time whose authority need not be proved shall be prima facie proof of the indebtedness of the Customer at the date of such certificate Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on 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 The Customer expressly agrees that no debt owed to WT24 7 by the Customer shall become prescribed before the passing of a period of 6 SIX years from the date the debt falls due LIMITATION
21. t of the vehicle manufacturer to honour the vehicle warranty or maintenance plan which refusal is based on the product having been fitted to the vehicle The Customer indemnifies WT24 7 against any claims for damage to the vehicle which are not covered by the vehicle manufacturer s warranty and which can be linked to the Product installation and or functioning Where the Customer has selected the immobilisation option he acknowledges that neither WT24 7 its subsidiaries or affiliates accepts or shall have liability of whatever nature and howsoever arising in respect of any claim damages loss expense injury or loss of life which may occur directly or indirectly as a result of the immobilisation function functioning not functioning or malfunctioning 14 2 14 3 14 4 15 16 17 18 19 to cancel the Agreement and take possession of any goods delivered to the Customer and claim any damages suffered These remedies are without prejudice to any other right WT24 7 may be entitled to in terms of this Agreement or in Law In the event of cancellation by WT24 7 the Customer shall be liable to pay a the difference between the selling price and the value of the goods at the time of repossession and b all other costs incurred in the repossession of the goods The value of repossessed or retained pledged goods shall be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation shal
22. talled in the Customer s vehicle Service means the package of services detailed in the price list and Stolen Vehicle Recovery and GSM Services contract with reference to each individual version of the product Stolen Vehicle Recovery means the recovery of the stolen vehicle s through other recovery companies contracted by WT24 7 and instructed by WT24 7 SMS means Short Message Service Subscriber means client Customer being the party contracting with WT24 7 and the person or entity liable for payment of all the services received from WT24 7 and identified in the schedule Subscription charge means the monthly amount exclusive of VAT payable by the Customer for the service as set out on the face hereof Territory means the Republic of South Africa which is permanently covered by the GSM Network User manual means the user manual in respect of the product to be installed for the Customer on the installation of the product VAT means Value Added Tax payable in terms of the Value Added Tax Act No 39 of 1991 as amended Vehicle means the vehicle s referred to in the schedules or added to the schedules in which the product will be installed for use under this agreement 2 AGREEMENT AND DURATION 2 1 2 2 This agreement and the undersigning thereof constitutes an offer by the Customer to appoint WT24 7 to provide the tracking services and once this agreement is signed by the subscriber and a
23. y components workmanship or design but excluding any tampering modification collision and or other damage sustained by the product outside the control of WT24 7 The replacement will not apply to product which is not installed by WT24 7 or product which has been modified tampered with misused or interfered with and the Customer agrees that for the duration of this agreement it will neither tamper or interfere with the product other than through WT24 7 or tamper with or use the SIM Card other than for its intended purpose The replacement will not apply to water damage to the product SUSPENSION AND TERMINATION OF SERVICE WT24 7 may at any time without notice and without incurring any liability whatsoever suspend the service either in whole or in part in the event of any one or more or all of the following occurring Technical failure of the GSM network and or its reporting structures modifications maintenance to the GSM network by the GSM service provider Due to any Government and or regulatory authority requirement The GSM provider ceasing to make the network available to WT24 7 or if it stops trading for any reason whatsoever The Customer defaults in terms of the operating instructions in the user manual or fails to make any payment of any instalment on the due date thereof WT24 7 is prevented from rendering the service due to force majeure Any cancellation by either party after the initial period of the contact
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