Application Form

INDIVIDUAL SUBSCRIBER

1. CONTRACT

1.1 The Subscriber requires certain vehicle tracking Equipment and Fleettrack Services from Fleettrack, and Fleettrack has agreed to provide the vehicle tracking Equipment and Fleettrack Services to the Subscriber.

1.2 This Contract sets out the terms which will apply to the vehicle tracking Equipment and Fleettrack Services provided by Fleettrack to the Subscriber, regardless whether this Contract has been signed by the Subscriber.

2. DEFINITIONS AND INTERPRETATION

2.1 The words and phrases stated below will be used throughout the Contract. When reading the Contract, the word or phrase must be given the meaning set out next to it.

"Application Schedule" means the form which sets out the identity of the Subscriber, details of the Fleettrack Service which will be provided by Fleettrack, the identity of the Vehicle for which the Fleettrack Service will be provided and the fees payable for the Fleettrack Service;

"Business Day" means Monday to Friday, excluding weekends, being Saturday and Sunday and excluding a public holiday as defined under the Public Holiday Act, 36 of 1994;

"Contract" means this agreement, the Application Schedule, the Fleettrack User Manual and related literature and where applicable, the Contract Addendum;

"Contract Addendum" means the written amendment to the Contract issued by Fleettrack, to be completed by an Existing Subscriber in order to receive the Fleettrack Service and / or an additional Fleettrack Service for a substitute Vehicle, as the case may be and which will form part of the Contract from date of signature of the Contract Addendum, including the de-installation and re-installation Contract;

"Effective Date" means the date when the Equipment is installed into the Vehicle;

"Equipment" means the Fleettrack tracking unit, and SIM card (if any) installed in the Vehicle(s) Equipment used to provide the Fleettrack Service and which is sold or rented to the Subscriber under this Contract;

"Existing Subscriber" means a Subscriber who is already receiving the Fleettrack Service in terms of an existing Contract with Fleettrack and who has requested Fleettrack to move the Equipment from the Vehicle to another Vehicle or who has requested that additional Vehicles are included under the Contract as per the Contract Addendum;

"GSM Network" means the Global Systems for Mobile Communications Network, which is a wireless communications network over which the GSM Service is provided by Fleettrack, where applicable;

"GSM Service" means the services provided by Fleettrack in terms of the Contract, using the GSM Network;

"Initial Period" means the duration of the Contract, as stated under the Application Schedule;

"Fleettrack" means Fleet Track SA (Proprietary) Limited, a South African Company bearing registration number 2016/037970/07 with its registered office at Block D, Ruimsig Office Estate, Roodeport and includes its employees, agents and contractors;

"Fleettrack Control Centre" means the Fleettrack centre where signals from the Equipment can be monitored and acted upon by Fleettrack;

"Fleettrack Fitment Centre" means an independent entity that has been authorised and approved by Fleettrack to install the Equipment on Fleettrack's behalf into the Vehicle in terms of the Application Schedule;

"Fleettrack Service" means the Equipment and various services provided by Fleettrack in terms of the Contract which includes the response, tracking and an attempt to recover any reported or suspected stolen or hijacked Vehicle;

"Fleettrack User Manual" means the user guide, training materials and related documents provided to the Subscriber, which states how the Fleettrack Service operates;

"Network Service Provider" means the service provider who provides the GSM Network;

"Parties" means both the Subscriber and Fleettrack collectively and "Party" means either the Subscriber or Fleettrack;

"Subscriber" means the Party to whom this Contract applies, whose details are more specifically set out in the Application Schedule or Contract Addendum;

"Territory" means the countries in Southern Africa stated in the Fleettrack User Manual where the Fleettrack Service is available, which may be amended at Fleettrack's sole discretion from time to time by written notice to the Consumer;

"VAT" means value added tax as levied from time to time in terms of the Value Added Tax Act, 89 of 1991;

"Vehicle" means the vehicle(s) stated in the Application Schedule or the Contract Addendum for which the Fleettrack Service will be provided;

"Voice-logged Contract" means an oral Contract concluded telephonically by the Subscriber with Fleettrack for the Fleettrack Service to which the terms and conditions of this Contract apply.

2.2 Where anything is required to be in writing, unless stated otherwise by Fleettrack, any electronic communication, including an SMS, voice mail, telephonic call or electronic message such as an email or facsimile, exchanged between the Parties, will meet this requirement.

2.3 The provisions of this Contract will take precedence over any conflicting provision found under the Fleettrack User Manual, Application Schedule or any other applicable document which may be provided to the Subscriber from time to time.

2.4 Words referring to the single form will include the plural form and words referring to one gender will include the other gender.

3. AGREEMENT TO PROVIDE THE FLEETTRACK SERVICE

3.1 The Subscriber has agreed to contract with Fleettrack for the Fleettrack Service and Fleettrack has agreed to provide the Fleettrack Service to the Subscriber on the terms set out in this Contract.

3.2 Where the Subscriber has entered into a Voice-logged Contract, the Subscriber agrees that the terms of this Contract will apply in all respects to the Fleettrack Service which the Subscriber telephonically requested and which Fleettrack agreed to provide to the Subscriber.

4. DURATION OF THE CONTRACT

4.1 The duration of the Contract will be for the Initial Period, commencing on the Effective Date, unless terminated earlier by either of the Parties, as permitted in terms of this Contract.

4.2 On expiry of the Initial Period, and provided that the Subscriber has not confirmed that the Contract will terminate on the expiration of the Initial Period, the Contract will continue on an indefinite basis, and either Party will have the right to terminate the Contract on 1 (one) calendar months written notice to the other.

4.3 Where the Equipment is purchased by the Subscriber, there will be no Initial Period applicable and either Party will have the right to terminate the Contract at any time upon 20 (twenty) Business Days written notice to the other.

5. SUBSTITUTE VEHICLES AND ADDITIONAL VEHICLES

5.1 The Subscriber has the right at any time whilst the Contract is in place, to add on a vehicle or substitute another Vehicle for the Vehicle in respect of which the Fleettrack Service is being provided, in terms of a Contract Addendum in the manner directed by Fleettrack.

5.2 Upon conclusion of the Contract Addendum, Fleettrack will provide the required Fleettrack Service as stated in the Contract Addendum.

5.3 The Subscriber will in terms of the Contract Addendum be liable to Fleettrack for all additional fees for the Fleettrack Service and authorises Fleettrack to increase the amount of any debit order stated under the Application Schedule in accordance with the Contract Addendum, which increase will be effective from the date of installation of the Equipment in the Vehicle stated in the Contract Addendum.

5.4 The terms set out in this Contract will apply in all respects to the Fleettrack Service stated under the Contract Addendum.

6. THE FLEETTRACK SERVICE, EQUIPMENT AND WARRANTIES

6.1 Fleettrack will provide the Subscriber with the Fleettrack Service for the duration of the Contract, provided that the Subscriber complies with its obligations under the Contract.

6.2 On conclusion of the Contract, the Subscriber will present the Vehicle for the installation of the Equipment at a Fleettrack Fitment Centre as prearranged with Fleettrack.

6.3 Fleettrack will only be obliged to provide the Fleettrack Service for Equipment, which has been provided and installed in the Vehicle by a Fleettrack Fitment Centre.

6.4 Although the Contract will commence on the Effective Date, the Subscriber accepts that the Fleettrack Service cannot be provided by Fleettrack or used by the Subscriber unless the Equipment is properly installed in the Vehicle, is programmed, enabled and is functioning according to Fleettrack's specification.

6.5 If the Equipment is purchased from Fleettrack, ownership and risk of any loss or damage, in the Equipment will pass to the Subscriber on the Effective Date.

6.6 If the Equipment is rented from Fleettrack, ownership in the Equipment will stay with Fleettrack but the risk of loss or damage in the Equipment will pass to the Subscriber on the Effective Date.

6.7 In the case of a GSM Service the Subscriber will as soon as possible but within 48 (forty-eight) hours notify Fleettrack and the Police, of any loss, damage or theft of the SIM card.

6.8 The Equipment and the installation of the Equipment will carry a 12 (twelve) month warranty, subject to fair wear and tear, which is expressly excluded from such warranty.

6.9 Any maintenance or repairs which are required in terms of the Fleettrack warranty will be carried out at a Fleettrack Fitment Centre at no cost to the Subscriber.

6.10 The Subscriber must ensure that the Equipment is working properly at all times and is free from any malfunction by testing the Equipment as stated in clause 6.11 below and in the User Manual.

6.11 THE SUBSCRIBER MUST HAVE THE EQUIPMENT TESTED BY LOGIN TO THE APP PROVIDED TO HIM/HER, AT LEAST EVERY 24 HOUR AND IF THE VEHICLE HAS BEEN INVOLVED IN AN ACCIDENT, HAS UNDERGONE REPAIRS OR A MECHANICAL SERVICE OR PANEL BEATING. Testing must be done by prior arrangement with Fleettrack and is at no cost to the Subscriber subject to a maximum of 5 (five) free tests per year. Any additional tests will be at the Subscriber's own cost and expense as per Fleettrack's standard rates applicable from time to time and available on request.

6.12 FLEETTRACK WILL BE RELIEVED OF ITS OBLIGATION TO PROVIDE THE FLEETTRACK SERVICE AT ANY TIME THAT THE EQUIPMENT IS NOT FUNCTIONING PROPERLY.

6.13 Where the Equipment is not functioning properly, whether under warranty or not, and the Subscriber has failed to have the Equipment tested as per its obligation under clause 6.11 or 6.12 above or has not made any attempt to have the Equipment repaired by a Fleettrack Approved Fitment Centre, the Subscriber will still be liable to pay the Fleettrack Service fee.

6.14 The Subscriber will notify the Fleettrack Control Centre immediately should the Equipment be accidentally activated. The Subscriber accepts responsibility for all consequences of any accidental activation of the Equipment, which may include a response by the police or response teams and a subsequent wrongful arrest of the Subscriber or any third party. The Subscriber agrees to hold Fleettrack harmless from, and indemnifies Fleettrack against any claims for damages that may be brought by any Party as a result of any accidental activation of the Equipment.

6.15 The Subscriber agrees to use the Equipment and the Fleettrack Service in accordance with the Fleettrack User Manual and other literature provided by Fleettrack from time to time.

6.16 The Subscriber agrees not to alter or modify the Equipment under any circumstances. If altered or modified, the warranty set out under clause 6.8 will not apply and Fleettrack will have not have any obligation to repair or replace the Equipment or provide the Fleettrack Service, or refund to the Subscriber any amounts claimed by the Subscriber, in respect of any warranty, damages or contractual claim.

6.17 Subject to clause 5, the Fleettrack Service will be provided in the Territory. Fleettrack is not obliged to render the Fleettrack Service outside the Territory.

6.18 It is recorded that Fleettrack may at any time change the Network Service Provider who provides the GSM Service or use facilities other than a GSM Service to provide the Fleettrack Service provided that Fleettrack's obligations to the Subscriber as provided under the Contract will not be affected.

7. FLEETTRACK SERVICE FEES

7.1 The fees for the Fleettrack Services will include the following:

7.1.1 where the Equipment is purchased by the Subscriber, the once off purchase price for the Equipment;

7.1.2 where the Equipment is rented by the Subscriber, the monthly rental fee in respect of the Equipment;

7.1.3 a once off installation fee, being the fees for installing the Equipment in the Vehicle;

7.1.4 the monthly service fee for the Fleettrack Service; and

7.1.5 international roaming charges where activated.

7.2 Where the Subscriber has elected to subscribe for the GSM Service, which is provided over the Network Service Provider's network, the Subscriber will, in addition pay a fee for the GSM Service, in accordance with the tariff package set out under the Application Schedule as well as the costs of SMS messages, voice calls, data messages, and any other related expenses, notwithstanding that the SIM Card may, through no fault of the Subscriber, have been lost and fraudulently used by a third party.

7.3 The fees will be set out in a monthly VAT invoice which will be provided to the Subscriber on a monthly basis.

7.4 Should the Subscriber require an international roaming service, and the Fleettrack Service is provided to the Subscriber outside the borders of the Republic of South Africa but within the Territory, the Subscriber will be responsible for all and any charges which may be charged by the Network Service Provider, in respect of the international roaming service at standard rates, applicable from time to time.

7.5 WHERE AN INTERNATIONAL ROAMING SERVICE IS ACTIVATED AS STATED IN CLAUSE 7.4, THE SUBSCRIBER HOLDS FLEETTRACK HARMLESS FROM ANY LIABILITY FOR ANY COSTS AND CHARGES WHICH MAY BE INCURRED IN RESPECT OF THE INTERNATIONAL ROAMING SERVICE AND AGREES THAT IT WILL BE LIABLE FOR ANY CLAIM BROUGHT AGAINST FLEETTRACK BY THE NETWORK SERVICE PROVIDER, IN RESPECT OF SUCH FEES.

7.6 International roaming charges will be billed in arrears and the Subscriber acknowledges and accepts that Fleettrack is dependent on the Network Service Provider for the billing information and that billing may therefore be delayed due to delays by the Network Service Provider, beyond the control of Fleettrack.

7.7 Subject to clause 7.6, all fees will be paid by way of debit order in favour of Fleettrack free of bank charges or in any other manner approved by Fleettrack, monthly in advance on or before the 7th (seventh) day of each calendar month or such date as specified in the debit order authorization contained in the Application Schedule.

7.8 Notwithstanding anything to the contrary in this clause, the fees stated in clause 7.1 as applicable, for the first 2 (two) months of the Contract (pro rata where applicable) will be paid on the Effective Date, in cash, by guaranteed cheque or credit card.

7.9 Should any debit order be returned unpaid or dishonoured for any reason, the Subscriber authorises Fleettrack to submit additional debit orders as may be necessary for the full outstanding balance including any arrear amounts.

7.10 Fleettrack will have the right to increase the Fleettrack Service fee and charges on an annual basis, provided that such increase is reasonable and that it provides the Subscriber with at least 1 (one) month's prior written notice of such increase in which event the Subscriber will be entitled to cancel this Contract as permitted in terms of clause 8.

7.11 If, as a result of a signal from the Equipment, or at the Subscriber's request, Fleettrack renders any service not required of it in terms of this Contract, the Subscriber agrees that it will pay Fleettrack an amount determined in accordance with Fleettrack's standard fees applicable from time to time, for such service rendered.

7.12 The Subscriber will not be allowed to withhold payment of any fees or other amounts due to Fleettrack where the Equipment is not functioning properly for any reason. Where this is the case, the Subscriber must immediately inform Fleettrack and make the necessary arrangements with Fleettrack for the Equipment to be repaired by a Fleettrack Fitment Centre.

7.13 If the Subscriber fails to pay to Fleettrack any amount owing in terms of this Contract, Fleettrack will have the right to suspend the Fleettrack Services and will give the Subscriber 20 (twenty) Business Days to make payment of all outstanding amounts. Should Fleettrack not receive payment as requested in the notice, Fleettrack will have the right to terminate the Contract and hand the outstanding account to an attorney or debt collector for recovery.

7.14 During any period of suspension or disconnection, Fleettrack reserves the right to refuse to release the SIM Card to the Subscriber or to any other party.

7.15 Where an insurance company pays the Fleettrack Service fees to Fleettrack on behalf of the Subscriber, THE SUBSCRIBER AUTHORISES FLEETTRACK IN THE EVENT OF CANCELLATION OF THE INSURANCE POLICY OR DEFAULT OF PAYMENT, TO DEBIT THE SUBSCRIBER'S BANK ACCOUNT DIRECTLY WITH THE MONTHLY FLEETTRACK SERVICE FEES AT THE NORMAL RETAIL RATE.

8. RIGHTS TO TERMINATE PRIOR TO THE INITIAL PERIOD

8.1 The Subscriber may cancel the Contract prior to the expiry of the Initial Period on 20 (twenty) Business Days written notice subject to payment of a reasonable cancellation fee together with any other amounts due and payable in terms of this Contract to Fleettrack.

9. FURNISHING INFORMATION AND NOTICES

9.1 The Subscriber confirms that all information which it has provided to Fleettrack under the Contract is true and accurate and can be relied on by Fleettrack.

9.2 In the event of an emergency, the Subscriber agrees that it or its appointed contract person(s), whose details are set out under the Application Schedule, may be contacted.

9.3 If there is any change to the information set out under the Contract, the Subscriber will notify Fleettrack immediately in writing of the change. Where the Subscriber fails to give Fleettrack written notice of any changes then the Subscriber agrees to hold Fleettrack harmless should Fleettrack rely or act upon the former and outdated information.

9.4 Where Fleettrack is required to notify the Subscriber or its contact person(s) of any fact, notice and document relating to or in connection with this Contract, Fleettrack will communicate such message or notice using any form of electronic communication of its choice, including communication sent by fax, SMS, email or phone as Fleettrack deems appropriate and the Subscriber agrees that communication can be given in such a manner.

9.5 Where Fleettrack cannot reach the Subscriber or its contact person(s) at the details supplied by Subscriber, Fleettrack will be excused and legally relieved of the duty to provide such notice.

9.6 Where legal notice is to be served, in terms of the Contract on the Subscriber, the Subscriber chooses its address for service of all legal notices and documents in connection with this Contract (domicilium citandi et executandi) at its physical address as set forth in the Application Schedule.

9.7 Where legal notice is to be served, in terms of the Contract on Fleettrack, Fleettrack chooses its respective address for service of all legal notices and documents in connection with this Contract (domicilium citandi et executandi) at the following physical addresses: Ruimsig Offices Estate, Block D, 72 Hole in one Avenue, Ruimsig, Roodeport.

9.8 Either Party may change its address, by written notice to the other Party provided that any new address selected by it will be a physical address, and such changes will only be effective upon receipt of notice in writing by the other Party.

9.9 The Subscriber acknowledges that Fleettrack is obligated to ascertain the Subscriber's credit worthiness as per the provisions of the National Credit Act, 34 of 2005. The Subscriber expressly gives Fleettrack permission to:

9.9.1 access from any duly registered credit bureau, the Subscriber's personal information concerning financial risk and payment habits ("payment profile") to process the Subscriber's application for the Fleettrack Service;

9.9.2 and share or disclose information about the Subscriber's payment profile to credit bureau.

9.10 In the case of any GSM Service, the Subscriber acknowledges that it is under a duty to provide Fleettrack with certain mandatory information in accordance with the Regulation of Interception of Communications and Provision of Communication Related Information Act, 48 of 2008 ("RICA") and undertakes to cooperate with Fleettrack prior to the activation of the GSM Service, in respect of the provision of all the required documentation and information, FAILING WHICH IT WILL HOLD FLEETTRACK HARMLESS AGAINST ANY LOSS OR DAMAGE RESULTING FROM SUCH FAILURE.

10. EXCLUSION OF LIABILITY

10.1 The Subscriber accepts that the Fleettrack Service is intended to reduce the risk of loss if the Subscriber's Vehicle is stolen or hijacked, but that recovery of the Vehicle is not guaranteed.

10.2 UNLESS PROHIBITED BY LAW, THE SUBSCRIBER AGREES TO HOLD FLEETTRACK HARMLESS FOR ANY LOSS OR DAMAGE CAUSED TO THE SUBSCRIBER ARISING FROM THE FLEETTRACK SERVICE, AND OR FLEETTRACK NOT BEING ABLE TO PERFORM THE FLEETTRACK SERVICE FOR ANY REASON, INCLUDING FLEETTRACK'S NEGLIGENCE, OR DUE TO ANY MALFUNCTION OF THE EQUIPMENT AND OR THE NETWORK.

11. FORCE MAJEURE

If Fleettrack is prevented or restricted in any way from carrying out all or any of its obligations under this Contract by reason of force majeure (an event or circumstance beyond the control of the Parties, such as a war, strike, riot, crime, or an "act of God" such as flooding or an earthquake which prevents one or both Parties from performing their obligations under the Contract), then Fleettrack will be relieved of its obligations to provide the Fleettrack Service during such period of force majeure, and Fleettrack will not be liable for any loss, damage, action or claim which may be brought by the Subscriber or by any other Party in consequence of such delay or inability to perform.

12. BREACH AND CONSEQUENCES

12.1 If the Subscriber or its authorised agent, which includes an insurer, employer or bank:

12.1.1 fails to pay any amount under this Contract on due date; or

12.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or

12.1.3 in Fleettrack's reasonable opinion raises false alarms or abuses the Fleettrack Service, (referred to as "the breach"), then Fleettrack may immediately suspend the Fleettrack Service and provide the Subscriber with a written notice requiring it to rectify the breach within 20 (twenty) Business Days of the date of such notice.

12.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Fleettrack will thereafter have the right to immediately terminate the Contract, without notice to the Subscriber, which termination will be without prejudice to all rights which Fleettrack may then have in law, including:

12.2.1 its right to claim from the Subscriber an early termination fee reasonably calculated by Fleettrack;

12.2.2 the right to immediately remove and recover ownership and possession of the Equipment from the Vehicle, at the Subscriber's risk and expense, if the Equipment is rented;

12.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Fleettrack under the Contract;

12.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber's breach.

12.3 Where Fleettrack has to remove the Equipment as per clause 12.2.2 and 12.5, the Subscriber will do all things reasonably necessary to enable Fleettrack's authorised representative to remove the Equipment from the Vehicle.

12.4 Where Fleettrack breaches any material term of the Contract, the Subscriber has the right to send Fleettrack a written notice requiring Fleettrack to rectify the breach within 20 (twenty) Business Days of receipt of such notice and where Fleettrack fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Fleettrack which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Fleettrack which it may have incurred in consequence of Fleettrack's breach.

12.5 Where the Subscriber cancels the Contract as per the provisions of clause 12.4, Fleettrack will have the right to immediately remove and recover ownership and possession of the Equipment from the Vehicle, the Subscriber will do all such things as may be reasonably necessary to enable Fleettrack to uplift and collect the Equipment from the Vehicle.

13. GENERAL

13.1 This Contract will be interpreted in accordance with the laws of the Republic of South Africa.

13.2 Should any provision of this Contract be declared unlawful whilst the Contract is in force, such provision will be deleted from the Contract and the remaining parts of the Contract will continue to operate.

13.3 No change or cancellation of this Contract will be of any force or effect unless such change or cancellation is agreed in writing and signed by both Parties.

13.4 Where one of the Parties does not act on a breach of the Contract by the other Party, failure to act will not result in that Party giving up its rights to act upon that breach or another breach, at a later stage.

13.5 The Subscriber will not be able to transfer, cede, delegate or assign its rights or obligations in terms of this Contract to another person without the prior written consent of Fleettrack, which consent will not unreasonably be withheld.

13.6 Fleettrack will be entitled to transfer, cede, delegate or assign its rights or obligations under this Contract provided that the Subscriber is not reasonably prejudiced in any manner.

13.7 Where one Party has to use the services of a debt collector or attorney to successfully enforce any provision of this Contract, then the defaulting Party will bear the costs incurred by that Party, on an attorney and client basis.