Terms and Conditions

1. Definitions
1.1 The company shall mean MyTracer / SMSFleet Pty Ltd
1.2 The Customer shall mean the person / company / CC renting the equipment from the company.
1.3 Unit means the Mini Tracer unit consisting of the cell phone and GPS device connected to the GSM System.
1.4 Mini Tracer Functions shall mean the functions explained in the operating manual of the unit as displayed on the website www.mytracer.net and all updated versions thereof.
1.5 Initial period shall mean 24 (Twenty four) months.
1.6 The initial amount means the first payment amount payable up front for the unit when entering into the rental agreement.
1.7 The monthly rental amount means the monthly instalment amount agreed upon when entering into the rental agreement.

2. Providing Services
2.1 The company shall in terms of this agreement provide the Customer with access to the Mini Tracer Functions subject to the terms and conditions set out hereinafter.

3. Maintenance
  For as long as the Customer complies strictly with these Terms and Conditions, the company will maintain the Unit in good working order and repair, or if necessary, replace the Unit during the first year warranty period.

4. Terms and Conditions
4.1 The Customer will supply their own SIM card (pre-paid or contract) and ensure that enough airtime is available to enable your unit to make voice calls and to be traced.
4.2 R2 per month of the airtime will be used by the company for the tracking to remain active depending on the Simcard service provider.
4.3 The Customer needs access to the internet via a cell phone or PC to utilize the tracking function provided by the company which will enable them to view the current position of their unit’s on a street map display.
4.4 It remains the responsibility of the Customer to ensure that enough airtime is loaded onto the prepaid SIM card at all times or to maintain the SIM card contract to enable the company to provide the tracking services.
4.5 It is also the responsibility of the customer to ensure that the correct cell phone number of the Mini Tracer is provided on activation of the Mini Tracer on the www.mytracer.mobi site and that the emergency numbers are up to date at all times. These are the three numbers the device is allowed to call and may be changed on the www.mytracer.mobi site at any time.
4.6 Any lost person should be reported to the SAPS as soon as possible. The company will not be responsible for the recovery of missing people at all as this function is solely the responsibility of the SAPS and the customer.

5 Letting, Duration & Ownership
5.1 The company hereby rents the Unit to the Customer, who rents the Unit from the company on a monthly basis, from the date that it is activated until either the company or the Customer gives 30 (thirty) days written notice of termination to the other, provided that the Customer shall not be entitled to give such notice before the expiry of 24 months.
5.2 The Customer recognizes that the company is entitled to assess its existence, details and propensity to pay and accordingly consents to the company accessing relevant databases for the purposes of assessing this and to the company providing information to such databases on the Customer’s propensity to pay monies to the company.
5.3 The company is the owner of the Unit and will remain the owner of the Unit during the period of this agreement and afterwards if the unit is purchased on a rental agreement.

6 Commencement Delivery & Acceptance
6.1 The company will, once the initial amount and the first month’s rental has been paid, deliver the unit via Post to the delivery addresses indicated during placement of the order as soon as is reasonably possible.
6.2 The agreement shall commence on the date of activation of the unit by the Customer and shall continue for the duration of the initial period unless terminated in accordance with any other provisions hereof.
6.3 The agreement shall thereafter continue for an indefinite period and shall be terminable by either party giving the other one month prior written notice.  

7 Rentals
7.1 The Customer agrees to pay the initial amount as soon as the company advises the Customer that they accepted the Customer's offer to hire the Unit.
7.2 The Customer will pay the first month’s rental as soon as the company advises the Customer thatthey accepted the Customer's offer to hire the Unit.
7.3 All subsequent rentals will be paid on or before the first day of each calendar month after the date of delivery.
7.4 The company may, in its discretion increase the monthly rental payable by no more than 10% in any one year at the date of anniversary hereof.

8 Payment
8.1 All payments due by the Customer to the company will be made, without deduction or set-off, by means of a debit order on the Customer’s bank account.
8.2 Payment will only be deemed to be made if the debit order is not returned, or in the event of a cheque, once the cheque was honoured.
8.3 The computer generated accounts or a certificate signed by the Director of the company, whose appointment need not be proved, will be prima facie proof of all monies due by the Customer to the company.
8.4 All amounts due will bear value added tax at the applicable rate from time to time.
8.5 In the event of the Customer having failed to make payment of any amount payable in terms hereof on the due date, this agreement shall lapse ipso uire and without notification to the Customer.
8.6 An agreement which have lapsed in terms of clause 4.2, may be reinstated by the company on such terms and conditions as it may in its sole discretion decide.

9 Risk Waiver
9.3 Where the risk is borne by the Customer, he/she/it shall first compensate the company for the loss before the company would be obliged to replace the Unit, and the Customer shall nevertheless continue to pay the monthly rental.

10. Force Majeure
  If the company is prevented or restricted directly or indirectly from carrying out all or any of its obligations in terms of this Agreement by force majeure, being a cause beyond the control of the company, then the company shall be relieved of its obligations hereunder during the period that such event continues but only to the extent so prevented and shall not be liable for any delay or failure in performance of its obligations hereunder. The existence of such force majeure shall not preclude the Customer from terminating this agreement in accordance with the provisions hereof.

11. Cession
11.1 It is agreed that the company will be entitled to cede or assign any of its rights and all obligations in terms of this Agreement to a third party.
11.2 The Customer shall not be entitled to cede, assign, or delegate any of its rights or obligations in terms of this Agreement to any third party without the prior written consent of the company first being had and obtained.

12. Non Variation
  This Agreement contains the entire agreement between the parties who acknowledge that there are no other undertakings, warranties or terms between them relating to the subject matter. No amendment or variation to this Agreement shall be valid or binding on a party hereto, unless reduced to writing and duly signed by or on behalf of both parties hereto.

13. Dispute Resolution
13.1 In the event of a dispute between the parties arising from the interpretation or implementation of any provision hereof, such shall be referred to a referee who shall deal with the dispute in a summarily manner.
13.2 Should the parties be unable to reach consent as to the appointment of a referee, the matter shall be referred to the President of the Law Society for the North Provinces who shall be requested to appoint an attorney of at least 10 years past qualification experience who shall then act as referee.
13.3 The decision of the referee shall be final and binding upon the parties.