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Terms and Conditions

SECURE MAX SOLUTIONS WEB & APP TERMS & CONDITIONS

This is your agreement with us for the services that you receive from Secure Max Solutions. The full Secure Max Solutions agreement is made up of two parts:
• The Application Form
• The Terms and Conditions

Please make sure that you have read and understood all parts of this agreement before you enter into a contract with Secure Max Solutions for any service provision regarding 4G GPS Technology.

1.1 Activation Fee refers an upfront payment you make to Secure Max Solutions prior to any installations for the activation of your month to month contract with us.

1.2 Agents refers Secure Max Solutions agents, dealers and any third-party providing services to the Customer on behalf of Secure Max Solutions in relation to the supply of the 4G GPS Tech device to Customers.

1.3 Agreement refers these terms and conditions and the App and Web Order Form.

1.4 Asset refers the vehicle, vehicles or other assets owned, managed or operated by the Customer in the Territory.

1.5 Authorized Technician refers an auto-electrician or GPS installer authorized by Secure Max Solutions to perform installations of SMS Tech devices.

1.6 Breach refers either to break legal responsibility under the agreement or a Legal responsibility that has been broken.

1.7 No Cancelation Fee refers there will be no fees payable by the individual customers for ending a month to month contract, however all cancelation will be permitted only either you or we end it by giving a one month’s calendar notice in writing.

1.8 Commencement Date refers the preferred date which you select for us to begin to debit your bank account for our services.

1.9 Damages refers the amount of money claimed by someone or ordered to be paid to someone as compensation for a loss that they suffer.

1.10 De-activation Fee refers the amount payable by you to Secure Max Solutions at the end of month to month contract period for the contract termination and removal of the installed SMS Tech device.

1.11 Activation Fee refers the amount payable by you to Secure Max Solutions in any period, should the customer wish to renew the month to month contract, provided that the SMS device is not removed.

1.12 Documentation refers any instruction manuals, user guides and other information relating to 4G GPS Technology.

1.13 Due Date refers the date on or before the preferred payment date selected on the Order Form.

1.14 4G GPS TECH Device refers the hardware transmission unit installed in vehicles for wireless vehicle monitoring and control purposes through Secure Max App and the Internet-of-Things (IoT).

1.15 Secure Max Solutions website refers the website at the address www.securemaxsolutions.co.za.

1.16 Installation Fee refers the upfront fee that you pay to Secure Max Solutions.

1.17 Monthly Subscription Fee refers the monthly fee that you pay Secure Max Solutions (SMS) to use our products and services for the duration of month to month contract period.

1.18 Police/SAPS refers the South African Police Service (SAPS) and includes any member, employee, servant or agent of SAPS.

1.19 Services refers to the following:
1.19.1. Secure Max Solutions (SMS) service that you chose/select package of choice.
1.19.2. Information and services on the website and Secure Max Solutions (SMS) any SMS Software and/or SMS App applications.
1.19.3. AFRISIST service means provision of Vehicle recovery
1.19.4. Recovery service means tracking and recovery service rendered by AFRISIST.

1.20 Supplier refers producers and/or any person or entity that is involved in providing products and services to Secure Max Solutions.

1.21 Risk refers being exposed to harm or the possibility of harm, including:
a) the loss or theft of, or physical damage to, any property.
b) the financial loss someone might suffer.

1.22 Tracking and Control Platform refers the online platform used to monitor and control vehicles with 4G GPS Tech devices and it is retrieved through the address Secure Max App.

1.23 Warranty refers a 12 months period commencing on the date of Installation of a Secure Max Solutions (SMS) device. Maintenance, repairs and replacement will take place only when the device stop to function as expected.

2.1 This Agreement is entered between two parties; the end user/customer (which is “you” and “your” in this document) specified in your application form and Secure Max Solutions (SMS) which is also referred to as “we”, “us” and “our” in this document.

2.2 This Agreement effectively commences once; you sign the contract/or when “you” clicked on agreement or payment of T&C through Secure Max Solutions App, pay all the upfront fees required prior to installation and a 4G GPS Tech device is installed in your vehicle(s).

2.3 Duration of the Agreement
You choose the duration of this Agreement on the App or Web application form, either as a 36 – 72 months for business contracts.
2.3.1 If you have signed for any of the above options/or contracts, the Agreement will continue for the signed duration unless either party terminates the contract in terms of Clause 7 of this Agreement. This Agreement does not automatically terminate after the signed duration, it will continue indefinitely until either you or we end it by giving a one month’s calendar notice in writing.
2.3.2 If you have chosen any of the packges, this Agreement will continue indefinitely until either you or we end it in terms of Clause 7 by giving one month’s calendar notice.

TERMS AND CONDITIONS

3. SERVICES

The 4G SMS Device is a hardware transmission unit installed in your vehicle, it used to wirelessly monitor and control the vehicle through SMS App & SMS Web. This unit together with our software become a communication platform between you and your vehicle(s).

3.1 Installation Location, Time and Date.
3.1.1 The hardware unit installation will be done at an address, time and date of your choice, specified on the Secure Max App or application form or via telephonic.
3.1.2 An authorised technician will be sent to your selected location on the day to perform installations.
3.1.3 You must ensure that the vehicle is available for the appointment. Failure to do so may result in False Call-out charges.
3.1.4 The installation location must be safe and be out of the view of third parties. Our technician has the right to refuse to install the unit if they believe the place is not safe.
3.1.5 Third-party service: AFRISIST Sub contractor of Secure Max Solutions, AFRISIST renders a Recovery Service in the service area to Secure Max Solutions and its subscribers. Secure Max Solutions has signed an agreement with AFRISIST, intends to sell this Recovery to its customers, SMS accepts the service rendered on the terms and conditions contained in the contract.

3.2 The risk of damage or loss of the 4G GPS Tech devices including the SIM Card is transferred to the customer upon installation.

3.3 Warranty
3.3.1 4G GPS Tech devices carry a 12-months warranty from the date of installation. You will receive free maintenance, repair and replacement of defective/malfunctioning devices for this period. However, the warranty will not apply if:
a) The device installation and/or de-installation was not done by a professional technician authorized by Secure Max Solutions.
b) The problem is caused by damage from water.
c) The problem was caused by a collision (for example, a car accident);
d) If the defect in the unit was not caused by us, or by the manufacturer, thieves, mechanics, importer, distributor or retailer.
e) Device failure occurs outside the warranty period.
3.3.2 If warranty does not apply, you accept that you are legally responsible to pay the standard costs for the maintenance, repairs and/or replacement of the unit.

3.4 Device Liability Cover
3.4.1 If the installed unit causes problems or damages to your vehicle or its operation, we have the right to hire a subject matter expert to investigate the problem. If our device was found to be the cause of the problem, we shall pay for the necessary repairs unless:
a) Any or all the conditions stipulated in Clause 3.3.1 a-e) are met.
3.4.2 If we damage your vehicle during the installation of our unit, we have the right to inspect if the damage was caused by us and fix the damage through a SMS appointed supplier. If you choose a different supplier, will be liable for any additional costs.
3.4.3 If you call-out a technician for fault in the unit and the technician reports that the problem was not caused by the unit or its installation, you will be legally liable to pay for the technician call-out costs.

4. CUSTOMER OBLIGATION

4.1 We provide the 4G Technology service that you select on the Application Form as well as information and services on the SMS App and website supporting 4G device Technologies.

4.2 Our technology was designed to best enable you to monitor and control your vehicle any time, however, we do not guarantee that you will be able to locate, monitor and control your vehicle from your App or website if its stolen or hijacked or when the network towers are down.

4.3 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

4.4 If you are unable to monitor, control and recover your stolen or hijacked vehicle, this Agreement will terminate at the end of the month following the month when the theft/hijack incident occurred.

4.5 You agree to indemnify us from any loss or damages you suffer because of being unable to locate, monitor and/or control your vehicle through our technologies

4.6 SMS device do not function outside the borders of the Republic of South Africa. You can only identify the general location of your vehicle in areas where there is adequate GPS (typically, not available indoors), GSM and UMTS (4G) network coverage or radio frequency network coverage (depending on the kind of network that the specific unit needs to operate).

4.7 We shall always strive to ensure that our services are available for you, however, service interruptions or delayed device responses may occur in the following circumstances:
4.7.1 Poor network coverage and/or inadequate satellite signal in the area.
4.7.2 If the network provider ceases to provide cellular network coverage.
4.7.3 If there are strikes and/or disputes with our Suppliers or service providers.
4.7.4 If we have informed you by SMS or another way that there is a fault with the unit, and you have not made arrangements with us for the repairs/replacements required.
4.7.5 Load shedding or power cuts in the area affecting cellular network towers.
4.7.6 Matter outside of control including but not limited to bad weather conditions, floods fires, acts of God.
4.7.7 If a government or regulatory authority requires us to change or stop the services.

4.8 If you are unable to monitor and/control your vehicle due to the circumstances stipulated in Clause 4.7, you agree that you are not entitled to any refunds of any fees paid and you will continue to pay the monthly subscription fees and honour all the terms of this Agreement.

4.9 If we are unable to resolve the issues causing the service interruptions within 30 days, we shall notify you in writing and give you the right to terminate the contract without any penalties imposed on you.

4.10 It is your sole responsibility to ensure that that device and all its intended features are in working order through interactions with your vehicle(s) using SMS and/or the online Tracking and Control platform. You also need to understand how 4G device Technologies work and what you are paying for. Further supplementary information such as user manuals and pricing structures can be found on the website and SMS App.

4.11 Legal commitments Your vehicle has a valid number plate.

4.12 The Site is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to register for the Site. The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

5. SMS GPS Tech DEVICE

5.1 You must use the 4G GPS TECH device, software and any other mobile application strictly in accordance with any manuals or reasonable instructions provided by SMS as to use, and all other applicable Commonwealth or the law of the Republic of South Africa, Acts or regulations.

5.2 You and other parties you allow to use 4G GPS device Technologies have the sole responsibility to obtain any necessary consent from the users or operators of those assets or vehicles where SMS devices are installed and must not use the 4G GPS Technologies to illegally track or monitor any person without consent.

5.3 To the extent permitted by law, any liability that may arise from the use or operation of a 4G GPS Technologies in breach of the terms of the Privacy Act or any Commonwealth or State law, Act or regulation, or contrary to any instructions provided by SMS as to use, remains the sole your responsibility and you agrees to indemnify SMS for any loss or damage it may suffer as a result of a breach of this clause.

5.4 After installation the technicians will demonstrate to the end-users/customers how the App and Web platform works, the customers will be permitted to freely get in contact with our customer helpline for any assistance with regards their SMS App/web platform operation.

6. APPLICABLE FEES AND CHARGES

6.1 Your payment options for the various Secure Max Solutions packs are chosen on the Application through the Secure Max Solutions App together with the applicable subscription period.

6.2 Individual, Insurance, Bank and Fleet companies if you are on a 36-72 Months contract (Rental), the following fees are applicable:
6.2.1 Activation Fee (upfront prior to installation)
6.2.2 Monthly Subscription Fee (paid in advance)
a) Your first month’s subscription will be debited on the date specified by the end user or on the 28th of every Month.
b) Your first month’s subscription will include an amount pro-rated from the date of installation. Thereafter, the subscription fee will be charged as specified.
6.2.3 De-activation Fee (at the end of the contract)

6.3 Check your contract/Agreement to see if the following fees are applicable to you:
6.3.1 Upfront fee prior to installation
6.3.2 Monthly Subscription Fee (paid in advance)
a) Your first month’s subscription will be debited on the date specified on the online Order or Application form.
b) Your first month’s subscription will include an amount pro-rated from the date of installation. Thereafter, the subscription fee will be charged as specified.

6.4. A False Call-out charge may apply if your vehicle is not available on the date of installation at the address specified in the Order Form.

6.5. A De-installation fee may be charged if we have to re-install or remove a device.

6.6. You agree that the charges specified in Clause 6.4 and 6.5 will be based on our standard rates and we have the right to change them from time to time without notice.

6.7. You agree that any charge against your name in favour of Secure Max Solutions will be debited directly from your bank account.

6.8. There is a 10% increase on your subscription fees and charges after 12 months into your 36-72 months contract or Month-to-Month Agreement, this increase will not be higher than 10 % unless the most recent Consumer Price Index in the last completed calendar year is higher than 10%. In that case, the increase will be the most recent Consumer Price Index.

6.9. You will receive a notice 30 days in advance before any increase.

7. SUSPENSION AND TERMINATION

7.1. Secure Max Solutions may suspend your 4G GPS Technology services at any time with or without notice if:
7.1.1. you fail to pay your monthly Subscription Fee on or before the Due Date.
7.1.2. our platforms require maintenance or upgrading.
7.1.3. we have a reasonable belief that any Secure Max Solutions device, Software or Mobile Application is being used unlawfully or contrary to any Act, law or regulation.
7.1.4. you are in breach of a term of this Agreement and that breach continues for a period of Seven (7) days without remedy.

7.2. We have the right to terminate your services if you do not pay us any amounts due. The service provision and 4G Tech device operations will resume as soon as reasonably possible after we receive confirmation from our bank that you have paid the amount due to us by that date. However, it may take up to Seven (7) business working days to restore the services.

7.3. You agree that we are not legally responsible for any loss or damages you suffer from the SMS Technology services being suspended.

7.4. You may terminate this Agreement by giving written notice of termination to Secure Max Solutions more than Thirty (30) days before the effective termination date.

7.5. You will be refunded any pre-paid fees relating to the portion of contract or agreement period remaining as at the effective date of termination.

7.6. If you terminate the Agreement within the 36-72months contract period, the following charges will apply:
7.6.1. Early Cancellation Fee amounting to 40% of the of the balance remaining on your contract, in order to recover the funds due to the Secure Max Solutions Suppliers/Sub-contractors:
7.6.1.1. the cost of the monthly subscription, the installation of the Unit as well as the cost of having the Unit removed from the Asset by a technician; and
7.6.1.2. all costs of any recovery efforts prior to termination of the
Agreement; and
7.6.1.3. if you are a legal entity, the legal entity shall be liable for the sum of the Service fees due up to the Expiry Date.

8. METHOD OF PAYMENT

8.1. Any fees payable upfront prior to installation will only be paid using Cash or Card on the date of installation.

8.2. You will receive your monthly Subscription invoice via Email five (5) days before your chosen payment date.

8.3. You agree to pay your monthly Subscriptions and any other charges/fees through a debit order collection. facility. You give us permission to collect all amounts due to us from your bank account on the specific date selected on the Order Form. However:
8.3.1. if the debit order is returned unpaid, we have the right to try to collect the money until we are paid by using a method we choose;
8.3.2. if no date is given in your application, we will collect the money from your bank account on any day of the month that we choose.

8.4. You agree that if we do not receive payments on time, you will be liable to pay the following on demand:
8.4.1. Legal costs on an attorney-and-own-client scale, related to the demand and recovery of the outstanding or overdue amounts.
8.4.2. Other collection charges and commissions that we incur in recovering any outstanding or overdue amounts. These include bank charges if a debit order is returned unpaid or only partly paid; and
8.4.3. Any costs associated with re-instating your account if the services were suspended.

8.5. You must give us the correct details of the bank account from which we must deduct the payment. You are required to notify us if you change your banking details.

8.6. You are legally responsible for checking your customer invoices and bank statements for any errors requiring remedy by Secure Max Solutions. If any such errors or incorrect billing exist, you are to immediately notify us in writing to get your refund no later than 12 months from the transaction date. If you do not serve the notice within the 12 months period, you waive any rights to dispute the invoice and the invoice shall be deemed a correct record of the contents therein.

9. STOLEN OR HIJACKED VEHICLE

9.1. If your vehicle is stolen or hijacked, you are to do the following:
9.1.1. Track and shut the starter once the vehicle has been off/not in motion, immediately cut-off your vehicle engine from your Secure Max Solutions App or through Website platform.
9.1.2. Locate the exact position of your vehicle from your Secure Max App or Secure Max Solutions (SMS) website platform.
9.1.3. Visit the nearest Police station, provide them with the vehicle location and request for assistance recovering the vehicle. Otherwise, if it is safe to do so, recover the vehicle immediately.
9.1.4. If your mobile devices were also stolen and you are unable to Monitor and Control your vehicle, immediately find, or contact any of your SMS listed emergency contacts and prompt them to follow the procedure explained in Clause 9.1.1-9.1.3.
9.1.5 Clients with assets recovery package (AFRISIST) NO need to follow the procedure explained in Clause 9.1.3
9.1.6 AFRISIST provide recovery service on behalf of SECURE MAX SOLUTIONS
(PTY) LTD SUBSCRIBERS Vehicles in the event of theft or hijacking.
9.1.6.1 Covered end users must contact the emergency line of AFRISIST control room on 0861 742 778.
9.1.7 The specifications being as follows:
9.1.7.1 Provision of professional recovery and surveillance service 24 hours per day, 7 days per week, throughout the service areas; within the Republic of South Africa at the time the Asset is lost, NOT outside SA boarders. All false alarms will be charged at R900.00 excluding VAT, per hour.
9.1.7.2 AFRISIST will ensure that the reaction units will be placed on all major routes throughout the Service Area.
9.1.7.3 Ensure that the reaction units will be on standby 24 hour per day, 7 days per week.
9.1.7.4 Provide a detailed report to the client in the event of the recovery of the Vehicle.
9.1.7.5 Any event that does not fall under the abovementioned paragraph, a detailed report will be provided on the client’s request.
9.1.7.6 To take the necessary steps to secure lives, Vehicles and cargo of the
SECURE MAX SOLUTIONS (PTY) LTD SUBSCRIBER and prevent
unnecessary damage to the Vehicles as far as possible when a Vehicle is recovered.
9.1.7.7 AFRISIST will ensure that all its employees or agents are completely and sufficiently trained in the recovery of SECURE MAX SOLUTIONS (PTY) LTD SUBSCRIBER’s Vehicles.

9.1.8. In the event you are unable to Monitor and Control your vehicle and you are unable to reach your listed emergency contacts, you can Phone us on 073 8578483 and we will do our best to provide you with the vehicle location. However, we do not guarantee to provide your vehicle location as expressed in Clause 4.5 and 4.6.

9.2. You agree that we are not required to try to locate the vehicle if you have defaulted your monthly Subscription payments and/or your account has been suspended or terminated.

9.3. You agree that only you and your business managers listed emergency contacts have the power to enable or disable the starter control of your vehicle not Secure Max Solutions or any of its members, therefore, we shall not be held accountable for any losses or damages you suffer from being unable to arm or disarm your vehicle.

9.4. You agree to indemnify us from any losses or damages you suffer while attempting to recover your stolen or hijacked vehicle because of the acts or failures to act of the South African Police Services (SAPS), including any intentional or negligent acts or failures to act.

10. CREDIT INFORMATION

10.1. You agree that as far as the law allows:
10.1.1. we have the right to carry out a credit enquiry with any registered credit bureau;
10.1.2. we have the right to share your details with any registered credit bureau. This includes your personal information and payment history.
10.1.3. the credit bureau as well as the credit provider that obtains your information from the credit bureau has the right to share your details for any purpose allowed by the National
Credit Act, no. 34 of 2005.

11. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

11.1. You acknowledge that the Intellectual Property Rights in the 4G GPS Technology devices, Software and Mobile Applications and the Documentation are owned by Secure Max Solutions.

11.2. You acknowledge that this Agreement does not transfer to you any Intellectual Property Rights in the Documentation or the 4G GPS Technology device, Software and Mobile App Applications (other
than the limited rights we expressly give to you in the Agreement. You do not have the right to use the intellectual property in a way we do not expressly allow in the agreement.

11.3. You must keep their Login Information secure and confidential. Unless expressly permitted by this Agreement, or otherwise authorised in writing, you must not share your Login Information with any person.

11.4. In using the 4G GPS Technologies/Secure Max Solutions Platform, you must not engage or attempt to engage in any activities that:
11.4.1. use any 4G GPS Technology device other than in conjunction with wireless vehicle Monitoring and Control services, or copy, modify, reverse engineer or decompile the 4G GPS TECH Hardware devices, Products or any software used or accessed or accessible via the Tracking and Control Platform or any part of the same (save to the extent expressly permitted by law) nor allow any other third party to do the same;
11.4.2. violate the rights of any third party (including, without limitation abusing, stalking, threatening or otherwise, infringement of copyright, trademark, or other intellectual property right, misappropriation of trade secrets, confidential information, electronic fraud, invasion of privacy);
11.4.3. introduce or allow the introduction, transmission, distribution or uploading of any, virus, worm, Trojan horse, zombie, keylogger, time bomb, cancelbots, Easter eggs, spyware, mail bombing, flashing, spamming, flooding, or other potentially harmful programs, materials, information or malicious code into ERS Technologies or Tracking and Control platform or any related network;
11.4.4. harvest or collect information about users or members of the Tracking and Control platform or Mobile Applications without their express written consent.

11.5. You must indemnify and keep indemnified Secure Max Solutions against any claims from any third party relating to or arising from the failure of the Customer to comply with any provision of this

12. PRIVACY POLICY

Clause 11.
12.1. At Secure Max Solutions, we are committed to protecting your privacy. We agree to comply with the legal requirements of the South African Privacy Principles as set out and affirmed in the Constitution of the Republic. Our Privacy Policy sets out the way we treat your personal information.

12.2. Secure Max Solutions does not and will not sell or deal in personal or customer information. We may, however, use non-identifiable information without any reference to your name or your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally.

13. GENERAL INFORMATION

13.1. Any notices you send to us under the Agreement, including legal notices (such as a letter of demand), must be emailed to info@securemaxsolutions.co.za

13.2. This address in Clause 13.1

13.3. For any questions, concerns, or complaints, you can Phone us on +27 73 857 8483

13.4. Any notice given under this Agreement will be in writing delivered to the relevant party or sent by post or email transmission at such address or number as may be notified in writing by each party to the other from time to time. The notice will be deemed received if:
13.4.1. it is delivered by hand to or left at the address of the party to be.
13.4.2. served by post and a period Ten (10) business working days has lapsed from the day of posting.
13.4.3. sent by email and it enters the addressee’s information system.

13.5. You must notify Secure Max Solutions immediately of any change to your address for service.

13.6. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in force and effect.

13.7. You agree not to assign, sub-licence or transfer its rights and obligations under this Agreement without the prior written consent of Secure Max Solutions.

13.8. We reserve the right to amend the terms of this Agreement from time to time by Secure Max Solutions providing no less than Thirty (30) days’ notice of the proposed amendments.

13.9. If you do not enforce or exercise your rights in the Agreement, this does not mean that you have given up these rights. You have the right to enforce the rights in the agreement at any time.

13.10. If we do not enforce or exercise our rights you have against us in terms of the Agreement, this does not mean that we have given up these rights. We have the right to enforce the rights in the agreement at any time.

13.11. This Agreement is governed by the laws of South Africa and the parties agree to submit to the exclusive jurisdiction of the Courts of South Africa.