CHASE TRACKING (PTY) LTD
TERMS AND CONDITIONS TO CHASE SERVICE AGREEMENT (TO BE READ WITH THE SCHEDULE HERETO)
1. Defined Terms
1.1. this agreement: The schedule, these terms and conditions and any annexures thereto.
1.2. Chase Control Centre: A telephone-operated call centre operated by Chase or its nominee 24 hours per day, 7 days per week for the purpose of monitoring signals emitted from Equipment.
1.3. Chase Tracking Services: The services provided by Chase or its nominee (or both) under this agreement, which depending on package elected by the Subscriber include Vehicle monitoring and armed response services, 24 hours per day, 7 days per week.
1.4. the Contacts: The Subscriber and its alternative contact persons listed in the Schedule.
1.5. Equipment: The equipment provided by Chase and related paraphernalia, all of which is designed to communicate signals to and from the Vehicle for the purposes referred to in this agreement.
1.6. False Alarm: A signal from Equipment which has been activated in circumstances other than a theft or hijacking (or attempt at either) of the Vehicle.
1.7. Fitment Centre: An automotive fitment centre approved by Chase.
1.8. the Schedule: The Schedule prefixed to these terms and conditions which identifies the Subscriber and other particulars applicable to this agreement.
1.9. the Subscriber: The Subscriber identified in the Schedule.
1.10. Territory: Those areas within the Republic of South Africa which are permanently covered by the wireless transmission radio frequency emitted by the Equipment and received by Chase or its nominee.
1.11. the Vehicle: The Vehicle or Vehicles referred to in the schedule and into which Equipment shall be installed for use under this agreement.
2. The Agreement
2.1. This agreement is between Chase and the Subscriber.
2.2. The Schedule read with these terms and conditions constitute an offer by the Subscriber to appoint Chase to provide the Chase Tracking Services and once the Schedule is signed by the Subscriber and accepted by Chase either in writing or by its commissioning of the Equipment, a binding agreement will come into existence between Chase and the Subscriber on the terms and conditions set out in this agreement.
2.3. Please ensure that you understand all of the terms and conditions. Please ask our representative to explain to you any clauses or definitions you do not understand. If you elect not to do this, we will assume that you have no trouble in understanding this Agreement.
The Subscriber appoints Chase to provide the Chase Tracking Services and Chase acting under 2.2 accepts the appointment on the terms and conditions set out in this agreement.
4. Duration and Territory
4.1. This agreement shall be for the period specified in the Schedule and thereafter shall continue indefinitely until terminated by either party by the giving of 20 business days’ written notice of termination.
4.2. The Chase Tracking Services will be commissioned only once the Equipment is properly installed in the Vehicle by a Fitment Centre and Chase has satisfied itself that this is so. The Equipment will remain owned by Chase until the Agreement expires by effluxion of time, at which time ownership will transfer to the Subscriber, provided it has not breached any provision of this agreement.
4.3. The Chase Tracking Services provided by Chase are limited to the Territory.
4.4. Notwithstanding 4.1, either party is entitled to cancel this agreement on 20 business days’ notice. Where the cancelling party is the Subscriber, and the Agreement is cancelled during the period specified in the Schedule, then:
4.4.1. where the Subscriber is a natural person, it shall be liable for a reasonable cancellation penalty, Click here for a list of penalties
4.4.2. where the Subscriber is a juristic person, it shall be liable to pay the sum of all subscriptions and/or fees which would otherwise have been payable and the Agreement not been so cancelled.
4.5. Where the Subscriber is a natural person and this Agreement has been concluded pursuant to direct marketing, the Subscriber is entitled to a cooling-off period of 7 days and so may terminate this Agreement within 7 days of conclusion of the fitment of the Equipment.
5. Equipment Warranty
5.1. Provided that the Subscriber complies with its obligations, Chase warrants that for a period of 6 months from the date upon which the Equipment is purchased by the Subscriber, it will operate within the parameters of its designed functionality, without defect.
5.2. Equipment which falls to be replaced or repaired under the warranty in 5.1 shall be either repaired or replaced by Chase (with the Subscriber deciding whether to repair or replace) at no charge to the Subscriber.
5.3. The warranty in 5.1 will not apply to Equipment which is not installed by a Fitment Centre or Equipment which has been damaged by water, electrical overload, heat or abuse, or is modified, tampered with or misused and the Subscriber agrees that for the duration of this agreement it will neither tamper or interfere with the Equipment, other than through a Fitment Centre.
6. Signal and Testing
6.1. The Subscriber may, provided it has made prior arrangements with Chase Control Centre, test the Equipment from time to time, but in any event, not more than once in any calendar month. Where the Subscriber wishes to initiate additional tests, it may only do so by prior arrangement with Chase and against payment of a fee determined by Chase in accordance with its standard testing rates from time to time.
6.2. The Subscriber shall inform the Chase Control Centre immediately once that the Subscriber learns of a False Alarm.
6.3. Where the Chase Control Centre receives a signal from the Equipment and where Chase despite reasonable endeavours, cannot make contact with the Contacts and in the event that the signal is as a result of a False Alarm, then in that event, Chase and/or its nominee shall be entitled to recover a fee from the Subscriber equivalent to the cost incurred in mobilising its resources to locate the Vehicle, alternatively, in the discretion of Chase or its nominee, its fee in place from time to time for False Alarm responses.
6.4. The Subscriber shall only be charged for False Alarm activations which exceed 10 activations per month, unless the activations are those referred to in 6.3, in which event, Chase or its nominee shall be entitled to recover from the Subscriber the amount referred to in 6.3.
6.5. The Subscriber indemnifies Chase and its nominee against any loss, damage or claim arising from a False Alarm.
6.6. Chase shall be entitled in its own discretion to disable such non-essential functions of Equipment as may be the consistent cause of False Alarms in respect of a particular vehicle.
7. The Chase Service
7.1. Chase shall use its best endeavours to maintain the availability of the Chase Tracking Services to the Subscriber in the Territory subject to the terms set out in this agreement.
7.2. Where the Vehicle is stolen in the Territory during the period of this agreement, Chase shall use its best endeavours to utilise the Equipment and its resources and/or those of its nominee for the purpose of locating the stolen Vehicle.
7.3. In giving effect to its obligations in 7.2, Chase will utilise the Equipment to monitor the alarm system of the Vehicle and where a Subscriber does not itself report the theft of a Vehicle, Chase will contact one or more of the Contacts should an alarm signal be received from the Equipment and will thereafter use its best endeavours to locate the Vehicle.
7.4. Chase 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 notice and without the necessity of first receiving the Subscriber’s consent.
7.5. Where the Vehicle has been stolen, it shall be the responsibility of the Subscriber to inform Chase immediately in the event that the Vehicle is located other than by Chase. If the Subscriber fails to act under this obligation timeously, then Chase shall be entitled to recover from the Subscriber that portion of the amounts set out in 6.3 as were incurred as a result of the Subscriber’s failure to execute the obligation timeously.
7.6. Whilst Chase will use its best endeavours to locate the Vehicle, once stolen, due to circumstances outside of the control of Chase, or its nominee, Chase does not warrant that its endeavours will lead to the location of the Vehicle.
7.7. The Subscriber shall ensure that it is familiar with the correct operating procedures for the Equipment and the use of the Chase Tracking Service. Necessary instructional material may be obtained from a Fitment Centre, Chase’s website from time to time, and via Chase Customer Call Centre.
8.1. Chase’s obligations under this agreement are limited to the monitoring of Equipment and the use of best endeavours to locate the Vehicle. The Subscriber shall be responsible at its cost for transporting the Vehicle once located by Chase to the Subscriber’s chosen destination for the Vehicle.
8.2. Chase shall in its sole discretion decide whether to use an aircraft in the execution of its obligations under this agreement. In the event that Chase or its nominee decides not to utilise the services of an aircraft and where the Subscriber nevertheless wishes itself to utilise those services, then Chase will facilitate the use of an aircraft provided that the Subscriber authorises that use in writing and secures in favour of Chase or its nominee (to the discretion of either of them), the cost of the use of the aircraft.
9.1. In consideration for the provision by Chase of the Chase Tracking Services, the Subscriber shall pay to Chase the monthly service fee referred to in the Schedule together with any increases thereto in terms of 9.2, monthly in advance on or before the first day of each calendar month, provided that the first month’s fee shall be paid when this agreement is agreed to by the Subscriber and in the manner described in 9.8.
9.2. Chase shall have the right to increase the monthly subscription on the anniversary of the contract in each year, compounded at the rate equivalent to the Consumer Price Index applicable to the 6 month period immediately preceding that date, or by 8%, whichever renders the higher increase.
9.3. Notwithstanding 9.2, Chase shall be entitled to increase the monthly subscription on 30 days’ notice in the event that the service providers which provide services to Chase or its nominee increase their costs, in which event Chase shall be entitled to increase the monthly subscription by an amount equivalent to the increase implemented by the service providers or its nominee.
9.4. Chase will provide to the Subscriber a monthly invoice or statement, upon request.
9.5. Payment of monthly subscriptions shall, unless otherwise agreed, be made by way of debit order, unless the debit order is returned, in which event, Chase may stipulate such method of payment as it in its sole discretion deems fit.
9.6. The Subscriber shall be liable for any bank charges incurred by Chase as a result of a returned debit order.
9.7. The Subscriber shall in addition to the monthly subscription fee, pay Value Added Tax thereon or any other tax or fiscal charge which may be imposed by legislation.
9.8. The first subscription will be on the first debit date as per subscriber’s request in the same month the contract is approved. Where a debit order is returned for any reason, the Subscriber authorises Chase to submit an additional debit order for the full outstanding balance.
9.9. Chase shall be entitled to recover from the Subscriber any outstanding or overdue amounts, bank charges and legal costs (including collection commission) on an attorney and client scale in the event that Chase is required to institute proceedings in a Court for the recovery of overdue amounts.
10. Interruption of Service
10.1. Chase may, in its sole discretion and without incurring any liability, at any time and from time to time, suspend the Chase Tracing Services in whole or in part:
10.1.1. if a technical failure effects the provision of the Chase Tracking Services;
10.1.2. if any Governmental or Regulatory Authority changes or terminates the Chase Tracking Services or the nature of parameter of the same;
10.1.3. if the provider of the communications network in the Territory ceases to make such network available to Chase or its nominee for any reason or ceases to trade;
10.1.4. if the Subscriber fails to pay any amount due to Chase timeously, but subject to Chase’s further rights under this agreement; or
10.1.5. if any third party business associate, nominee or person with whom Chase contracts for the provision of services envisaged under this agreement ceases to make such services available for any reason whatsoever, whether temporarily or not.
10.2. Chase shall not be liable for any delay in performing or in any failure to perform any of its obligations in terms of this agreement caused by force majeure, being any cause beyond the control of Chase or its nominee, or caused by any act or omission of Government, any Regulatory competent Authority or any interruption in the supply of services or electricity to Chase, its nominee or any service provider or either.
11.1. If the Subscriber:
11.1.1. fails to pay any amount under this agreement on due date; or
11.1.2. fails in the performance of any of its obligations under this agreement or breaches any term or condition of this agreement, or in Chase’s opinion, reasonably exercised, consistently raises False Alarms in excess of those contemplated in this agreement or abuses the Chase Tracking Service.
Chase may immediately thereupon suspend its obligations under this agreement and/or simultaneously or thereafter terminate this agreement without notice to the Subscriber, without prejudice to any of its rights under this agreement or in law.
11.2. Upon termination of this agreement by reason of the Subscriber’s breach, all amounts otherwise payable by the Subscriber to Chase for the remainder of the duration of the agreement shall become due, owing and payable.
12. No liability
12.1. Chase shall have no liability to the Subscriber for injury or loss of life, or any loss or damage, including any loss of profits, business or revenue, or any consequential loss suffered by the Subscriber as a result of or arising from:
12.1.1. any delay, defect or other failure in the provision of the Chase Tracking Services whether or not by the negligence of Chase and/or its nominee, the installation or operation of the Equipment, or in the radio communications network in the Territory; operating in conjunction with the Equipment or any other aspects of Chase’s electronic systems;
12.1.2. any negligence on the part of Chase, its nominee or agents or subcontractors;
12.1.3. the use by a Subscriber of the Chase Tracking Service; or
12.1.4. the installation in the Vehicle of the Equipment.
12.2. The Subscriber shall insure and keep insured the Equipment against loss.
13. No cession
13.1. The Subscriber shall not be entitled to cede, assign, sub-contract or delegate any of its rights or obligations under this agreement without Chase’s prior written consent.
13.2. The consent in 13.1 may not be unreasonably withheld in the event that a Subscriber wishes to dispose of the Vehicle to a third person who is willing to become a Subscriber of Chase on such terms and conditions and in terms of such procedures as Chase may require from time to time.
13.3. Chase shall be entitled to cede, assign, subcontract or delegate (or all of these) its rights or obligations in terms of this agreement to any person without the consent of the Subscriber.
14.1. The Subscriber shall provide to Chase the data and personal information required in the Schedule and shall update that data and information as and when changes occur.
14.2. Chase shall only use the information for the purposes envisaged under this agreement.
14.3. The Subscriber consents to Chase, its business partners, associates and nominees intercepting, collection, collating, processing, restoring and maintaining information and data applicable to the Subscriber.
14.4. Certain aspects of the Chase Tracking Service will be dependent upon services provided by third party businesses and accordingly, the Subscriber acknowledges that Chase will disseminate that information to such parties.
14.5. Chase shall be entitled to make use of non-specific data relating to the trends of its subscriber base and shall be entitled to disseminate that type of information to any person without the Subscriber’s consent. Chase warrants that such information shall exclude personal information about the Subscriber.
14.6. The Subscriber authorises Chase to:
14.6.1. make enquiries to and access from any credit bureau, the Subscriber’s personal information concerning financial risk and payment profile;
14.6.2. use data that Chase may hold in relation to the Subscriber from time to time and to share with and disclose to the credit bureau, the Subscriber’s financial risk and payment profile;
14.6.3. communicate with the Contacts via cellular calls or short message service in relation to specific operations and monitoring of the Vehicle or the general services provided by Chase or any of its associates or agents;
14.6.4. to track and locate the Vehicle and disclose its location to the Contacts, and where appropriate to the South African Police Services.
A Certificate signed by any director or manager of Chase in respect of any indebtedness of the Subscriber to Chase under this agreement shall be prima facie evidence of the Subscriber’s indebtedness to Chase.
16. Domicilium and Notice
16.1. The Subscriber hereby selects domicilium citandi et executandi for all purposes of and in connection with this agreement, its physical address set forth in the Schedule.
16.2. The Subscriber shall be entitled to change its domicilium on written notice to Chase from time to time, provided that any new domicilium selected by it shall be an address other than a post office box number and it shall be located within the Territory.
16.3. All notices, demands or communications may be given at the relevant party’s domicilium from time. Notwithstanding anything to the contrary contained in this agreement, a written notice or communication actually received by the recipient party shall be an adequate written notice or communication to it.
16.4. Where Chase is required to notify the Contacts of any fact pursuant to this agreement, such notice shall be effected by telephone to such telephone numbers as are recorded in the Schedule or updated from time to time in writing by the Subscriber. Where Chase cannot reach the Contacts at the said telephone numbers, Chase shall be relieved of the duty to provide any such notice.
17.1. This agreement constitutes the whole agreement between the parties as to the subject matter hereof and, apart from information given by the Subscriber during any direct marketing activity, which shall be binding on the Subscriber, no prior representations or communications shall be binding on the parties unless reduced to writing and signed on behalf of the parties. Notwithstanding this, Chase may, without further consent or agreement by the Subscriber, only in respect of operational instructions and procedures, vary any of the terms and conditions of this agreement by means of issuing new or amended operating instructions or procedures to the Subscriber from time to time.
17.2. Should any provision of this agreement be rendered unlawful then that unlawful provision only shall be deemed to be modified to the extent and in the manner necessary to render it consistent with the enactment rendering it unlawful, or if such modification is impossible, be deemed to be severable from the remaining provisions of this agreement.
17.3. Apart from information given by the Subscriber during any direct marketing activity, which shall be binding on the Subscriber, this agreement sets out the entire agreement and understanding between the parties and supercedes all prior representations, agreements, written or oral, in connection with the subject matter hereof.
17.4. No addition to, variation, waiver or consensual cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of all of the parties.
17.5. No indulgence, which any of the parties may give shall constitute a waiver of that party’s rights and shall not preclude the party from exercising its rights against the other party.
17.6. The parties hereby consent to the jurisdiction of the Magistrate’s Court.
17.7. Each Fitment Centre is an independent and separate Business and Chase shall not be liable for any representations made or damage caused by a Fitment Centre.