AA CONNECTED CAR STANDARD TERMS AND CONDITIONS
1.1. “Acceptance Date” means the date on which you accepted the Agreement, whether in writing, or by way of electronic medium for example by clicking, “I agree” on our website or via your mobile device, or by telephonic acceptance;
1.2. “Asset” means any vehicle, in which a Unit has been installed;
1.3. “Bundled Option” means you do not own the Unit, but you pay to use the Unit and you pay a service fee for the Services for a fixed duration of 36 (thirty six) months;
1.4. “Business Day” means a Monday to Friday, excludes Saturdays, Sundays, and a day which is an official public holiday in the Republic of South Africa;
1.5. “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;
1.6. “Effective Date” means the date on which the Unit is installed in the vehicle, and is successfully tested and functioning;
1.7. “Expiry Date” for the Bundled Option means 36 (thirty six) months after the Effective Date;
1.8. “Fitment Centre” means a fitment centre operating independently of us, but which has been approved by us for the purpose of installing and servicing Units;
1.9. “Network Provider” means the independent communications network service provider from which we obtain our network services in order to provide the Services to you;
1.10. “Unit” means the AA Connected Car unit.
COMMENCEMENT, DURATION, CANCELLATION AND SUSPENSION
2.1. This Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this Clause 2, or otherwise provided in this Agreement.
2.2. Either you or The AA may cancel this Agreement either on the Expiry Date or on at least 20 (twenty) Business Days’ written notice at any time prior to the Expiry Date, subject to clause 2.3.
2.3. In the event that you cancel the Agreement prior to the Expiry Date, or The AA cancels the Agreement due to you being in breach, you will remain liable for all amounts owing up to the date of cancellation, including but not limited to:
2.3.1 the cost of the installation of the Unit as well as the cost of having the Unit removed from the Asset by a Fitment Centre; and
2.3.2 You will be liable for a reasonable cancellation penalty in the first 24 (twenty four) months of the Agreement.
2.4. If the Agreement is not cancelled by you or by us prior to or on the Expiry Date, it will automatically continue and constitute a month to month agreement terminable on at least 1 (one) calendar months’ notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 60 (sixty) and not less than 30 (thirty) Business Days prior to the Expiry Date of the impending expiry date and any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid.
2.5. We will be entitled to suspend the Service if:
2.5.1. the Network Provider is no longer available or of no practical use;
2.5.2. an event beyond our control makes it impossible to render the Services; and/or
2.5.3. You are in breach of the Agreement.
CUSTOMER’S OBLIGATIONS AND ACKNOWLEDGEMENTS
3.1. It is your responsibility to make the Asset available at a Fitment Centre to have the Unit installed.
3.2. You must ensure that the Unit is working after installation and repair and test the Unit at least once a month by checking the Unit’s communication status on the Connected Car Smartphone App or by calling our control room.
3.3. If the Unit is malfunctioning due to liquid damage, accident damage, tampering with the Unit, or due to your or any other third party’s negligence, you will be liable for the installation, testing, repair or removal and replacement cost of the Unit, and such payment is payable directly to the Fitment Centre.
3.5. You acknowledge and agree that:
3.5.1 The Unit at all times remains the property of MiX Telematics.
3.6 You warrant that as at the Acceptance Date, all the details furnished by you to us are true and correct and that you will notify us in the event of any change to such details. In the case of a change to your contact details, you will notify us of such change within 24 (twenty four) hours of the change or you becoming aware of the change. Details can be changed by:
3.6.1 sending an email to AAConnectedCar@AASA.CO.ZA.
3.6.2 calling 011 799 1696
FEES AND PAYMENT
4.1 Billing will commence on the Effective Date. Service fees are payable monthly in advance and will be debited to your account on the 1st, 15th or 25th of every month, whichever date you select when signing up.
4.2 To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid by way of a direct Debit Order in favour of The AA (drawn against a bank account nominated by you). You furthermore agree that:
4.2.1. we will be entitled and authorised to draw all amounts payable in terms of the Agreement from the account specified by you;
4.2.2 the Debit Order authority will commence on the Effective Date and will continue and will not be revoked until termination of this Agreement or until all amounts due and owing to us have been fully and finally discharged;
4.2.3. should we use an intermediary to collect amounts, you grant consent that your personal information (including name, ID number, account number and any other relevant information necessary) be used in this regard; and
4.2.4. any payment instruction issued by The AA shall be treated by your bank as if the instructions had been issued by you personally, and you hereby authorise the bank to debit your account accordingly.
4.3. Should you fail to pay any amount on the due date for payment then we may, without prejudice to any of our other rights and remedies:
4.3.1. collect the arrear amounts via Debit Order, additional to the monthly Service Fee, from your account unless you have an agreed structured repayment plan with MiX Telematics;
4.3.2. take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms;
4.3.3. suspend the Services without notice to you until such time as the outstanding amount has been paid in full;
4.3.4. subject to Clause 2, terminate this Agreement with immediate effect; or
4.4. In the event of The AA suspending your Services, we reserve the right to continue to charge you to keep your account activated for the period of suspension.
SERVICE DELIVERY, SERVICE AVAILABILITY AND WARRANTIES
5.1. We will use reasonable endeavours to make the Services available to you and to maintain the availability thereof. However, we provide the Services “as is” and “as available” and do not warrant or guarantee that the Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements, subject always to the provisions of the CPA, where applicable.
5.2. During the fixed term period of 36 months (or until the Agreement is terminated, if terminated prior to the Expiry Date), if after inspection of the Unit by a Fitment Centre or us, such Unit is found, in our sole discretion, to be defective, we will repair or replace the Unit free of charge.
5.3. There is no warranty in the case of liquid damage, accident damage, tampering with the Unit or your or any other third party’s negligence. Repairs are payable directly to the Fitment Centre.
6.1. Should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that we may have and to the extent required or permitted, as the case may be, by law, to forthwith:
6.1.1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question;
6.1.2. suspend your Services;
6.1.3. cancel all agreements concluded between us; or
6.1.4. claim immediate performance and/or payment of all your obligations in terms hereof.
6.2. Should we suspend, disconnect or terminate your Services, we will only reconnect your Services if all your Service fees are paid up to date. We will also be entitled to charge you a fee for reconnecting your Services.
COMMUNICATION, COMPLAINTS HANDLING AND DISPUTE RESOLUTION
7.2. From time-to-time, we need to send you important information regarding the Service. You agree to electronic communication from us, for example through SMS, email and/or telephone in order for us to provide the Services to you. You cannot opt-out of any Service communications contemplated in this clause.
7.3. Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause.
7.4. Any payment default by you arising from, or in connection with, any Services rendered or provided by us, will be excluded from the provisions of this clause, and we will be entitled to proceed to institute legal action against you.
7.5. Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a complaint before you approach any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 7.9 below.
7.6. Please direct all complaints to AAConnectedCar@AASA.CO.ZA.
Your complaint should include the following:
7.6.1. your name and surname;
7.6.2. your account number;
7.6.3. the date on which the complaint arose; and
7.6.4. a brief description of what gave rise to the complaint.
7.7. In the event of a billing complaint you should also include the following:
7.7.1. a copy of the bill concerned or the particulars thereof, e.g. account number;
7.7.2. the reason for the dispute;
7.7.3. the amount in dispute; and
7.7.4. supporting information or documentation, if any.
7.8. You may approach any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 9.9 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.
7.9. Any dispute between The AA and you may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Johannesburg and conducted in the English language before one arbitrator appointed in accordance with the said rules. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either The AA or you notify the other of us in writing to that effect.
7.10. The arbitrator shall have the power to give default judgement if either of The AA or you fail to make submissions on due date and/or fails to appear at the arbitration.
7.11. The provisions set out above shall not prevent either of The AA or you from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
INTELLECTUAL PROPERTY RIGHTS
8.1. Except for third party intellectual property that we have licenses for, we will wholly and exclusively retain all existing intellectual property rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to the Unit or any software used by us, our network infrastructure, ecommerce network infrastructure, business and the provision of any of the Services.
9.1. Notwithstanding Clause 8 above, you hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in our reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as The AA and you have agreed to follow the arbitration process set out in Clause 7 above.
9.2. The AA and you hereby acknowledge and agree that this Agreement constitutes the whole of the agreement between us and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on The AA and/or you.
9.3. You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.
9.4. No indulgence, leniency or extension of time which we may grant or show to you shall in any way prejudice us or preclude us from exercising any of its rights in the future.
9.5. The physical address where we will receive legal service of documents is the following:
Physical address: Matrix Corner, Howick Close, Waterfall Park, Midrand,1685, for the attention of the Managing Director.
9.6. We will send any notice or legal process relating to the Agreement to the address you provided when you entered into the Agreement with us, as amended by you from time to time.
9.7. If the whole or any part of a provision of this Agreement is void or voidable either by you or by The AA or unenforceable or illegal, the whole or that part (as the case may be) of that provision, will be severed, and the remainder of the Agreement will have full force and effect, provided such severance does not alter the nature of the Agreement between you and The AA.
12.8. This Agreement is governed by the laws of the Republic of South Africa.