GSM ONLINE MANAGEMENT SERVICES AND NETWORK USAGE TERMS AND CONDITIONS

INTRODUCTION

RDC has entered into agreements with a number of South African mobile telecommunication and data service and/or network providers entitling RDC to provide the use of the GSM network infrastructure and electronic communication services to Customers.
RDC provides GPRS Transceiver, GSM Base Station and GSM Repeater hardware as well as the use of its communications infrastructure, server and private APN's under the following terms and conditions ("GSM Network Usage Terms and Conditions") to the Customer who is making the online request.

PAYMENT

Hardware purchases are subject to the General Trading Terms and Conditions.
Monthly Usage Fees as agreed to by the customer are payable monthly, commencing during the month in which SIMs are activated on the Network or during the month in which preactivated units are invoiced, and continue on a month to month basis until deactivated. These fees will be paid by debit order.
Should debit orders be returned, the Customer will be liable for any and all bank charges consequent thereto.
Monthly Usage Fees include the cost of GPRS data for the purpose of routing signals from the GPRS Transceivers to the server and GSM Base Station. In the event that the unit or its SIM/s cards are used for other purposes, including, but not limited to, misuse by parties other than the Customer, the Customer is liable in full for the network data charges incurred.
Should these payment terms not be met, RDC reserves the right to remotely deactivate GPRS Transceiver, GSM Base Station and GSM Repeater units. RDC will inform the Customer in writing before such deactivation.
Monthly Usage Fees will be reviewed annually. Reasonable notice of such monthly fee changes will be communicated to Customers. Cellular network service provider increases will be passed on to the Customer without notice.

ACTIVATION OF SIMS

SIM activation of new units:
GPRS Transceivers can be supplied with SIM/s which are not yet activated on the GSM network/s. Please note WARNING 9 - SIM CARD CHURNING. A request for activation must be submitted online or in writing to RDC for the SIM/s to be activated. Activations may take 5 (five) business days or longer. Monthly usage fees commence during the month in which activation on the Network takes place. If the SIM's are activated before the 15th day of the month, the full monthly usage fee is payable for the first month. If the SIM's are activated after the 15th day of the month, half the monthly usage fee is payable for the first month.
Pre-activated new units
GPRS Transceivers may be purchased by the Customer in a pre-activated state for immediate use. Monthly usage fees commence from the date of invoice. If the units are invoiced before the 15th day of the month, the full monthly usage fee is payable for the first month. If the units are invoiced after the 15th day of the month, half the monthly usage fee is payable for the first month.

DEACTIVATION OF SIMS

Deactivation of existing GPRS Transceivers
SIMs may be deactivated by the Customer online or in writing with 20 (twenty) business days notice. Transceiver units become dormant once deactivated within 48 (forty eight) hours of request. The full monthly usage fee is payable in the month that the unit is deactivated. Please note WARNING 9 - SIM CARD CHURNING.
Reactivation of dormant GPRS Transceivers
SIMs on dormant GPRS Transceivers may be re-activated by online request or requests in writing by the Customer. Activations may take 5 working days or longer. Monthly usage fees commence during the month in which reactivation on the Network takes place. If the SIM's are reactivated before the 15th day of the month, the full monthly usage fee is payable for the first month. If the SIM's are reactivated after the 15th day of the month, half the monthly usage fee is payable for the first month.

MISUSE

The equipment must only be used on the communication infrastructure supplied by RDC. The equipment may not be changed, modified or tampered with for any reason.
The equipment may not be used for any other application other than its intended purpose. The equipment may not be installed in such a way that it generates unreasonably excessive signals.
RDC reserves the right to remotely deactivate GPRS Transceiver, GSM Base Station and GSM Repeater units should the units be misused.

GENERAL

Clauses 8 to 18 of RDC's General Trading Terms and Conditions shall form part of and apply equally to this Agreement.

RICA REQUIREMENTS

The Customer is required to be RICA registered and is required to keep record of the locations at which GPRS Transceiver and GSM Base Station units are installed.

WARNINGS

Please read carefully. Failure to do so could have serious consequences for the consumer.

The warnings set out below are drawn to the Customer's attention and form part of this Agreement.

INSTALLATION

GPRS/SMS Transceivers and antennas must be installed and operated by trained staff in accordance with the manufacturer's installation instructions and specifications. It is important that all signals are tested and verified that they are received by the receiving equipment intended to receive the signals during installation and that the communication of the unit is tested regularly to ensure that it is working properly. GPRS/SMS Transceiver, Base Station and Repeater equipment as well as the antenna and antenna cabling must be installed by trained staff.

THIRD PARTY PROVIDERS

RDC are dependent on the services of third parties. These include the provision of GSM network services, private APNs, server hosting services and various connectivity services. It is possible that these service providers upgrade their equipment, systems and/or software from time to time which may negatively impact on or stop the functioning of the system. Although reasonable efforts have been made to provide a secure and redundant system, the services of these third parties cannot be guaranteed and RDC is not responsible for these services.

AUTO TEST, MAINS FAIL/RESTORE AND BATTERY LOW MONITORING FOR GPRS TRANSCEIVERS AND REPEATERS

GPRS/SMS Transceiver units and GSM Repeaters are able to send auto test, mains fail/restore and battery low signals to monitor the correct functioning of the units in the field. These signals from GPRS Transceiver units as well as GSM Repeater units in the field should be actively monitored at the GSM Base Station or a mobile device. Auto test signals not received indicate communication problems on the units and should be attended to immediately. Mains fail/restore and battery low signals indicate problems with the supply of power to the units and should be analysed and the necessary action taken without delay.

POWER

It is important that GPRS/SMS Transceivers, GSM Base Stations and GSM Repeaters are supplied with a reliable source of power as required by the manufacturer's specifications and installation instructions. Batteries at installations should be replaced regularly, according to the battery manufacturer's specifications. At certain installations and where frequent power outages occur, it may be necessary to install a dedicated power supply and battery for the equipment.

COMPATIBILITY

GPRS/SMS Transceivers, GSM Base Stations and GSM Repeaters may be used in conjunction with, and are often connected to, a variety of other electronic devices and software. The compatibility and correct functioning of the equipment (as part of a security installation or solution) must be fully tested and verified by the installer.

JAMMING

GSM jamming devices are available and open to abuse by criminals to block the transmission of alarm signals. It is recommended that the details of installations be kept as confidential as possible.

MAINTENANCE

Besides actively monitoring test signals from GPRS/SMS Transceivers, GSM Base Stations and GSM Repeaters, the equipment and antenna installations need to be regularly maintained and serviced. This includes the power supply to the units including the regular replacement of batteries according to the battery manufacturer's recommendations.

SIM CARD CHURNING

If a SIM card does not produce a billable event for the network provider/s for an extended period of time, the network provider/s will “churn” (permanently disable) the SIM card. To prevent GPRS Transceiver units becoming permanently disabled, it is recommended that units are not left deactivated for longer than a period of 6 months. The churning period is however determined by the network provider/s and may be changed from time to time.

ONLINE MANAGEMENT SERVICES

The online management services allow customers to request GPRS Transceivers to be activated and deactivated via the website. It also allows Customers to remotely change settings on GPRS Transceivers, GSM Base Stations, GSM Repeaters as well as server and other communication settings via the website. Incorret setting changes can lead to unit and communication failures. It is important that access to these services is strictly controlled by the customer and that only trained staff are granted access to the services.

WEBSITE

Warnings will be updated and posted on the www.radiodata.co.za website from time to time.
By checking the check box agreeing to these terms and conditions, the Customer acknowledges he/it has read and understood the warnings.

GENERAL TRADING TERMS AND CONDITIONS - (including an indemnity)

We draw your attention to clause 9 (which contains a limitation of the Customer's rights and an indemnity in favour of RDC) and ask that you show that you agree to this clause by checking the check box agreeing to these terms and conditions.

PAYMENT TERMS

Accounts are payable in full according to the payment terms agreed upon by RDC to the Customer.
Payments must be made to RDC by the Customer within the payment period referred to above.
Any credit limit agreed to between the parties shall not be binding upon RDC. The Customer shall be obliged to make payment for all goods purchased within the period referred to above, whether such credit limit is exceeded or not.
Microfilm copies of invoices, statements of accounts and of any other relevant documents (including, but not limited to, any computer printouts) shall, upon the presentation thereof by or on behalf of RDC, be deemed to be true copies of the original documents, and be deemed to be what they purport to be, unless the contrary is shown.
A certificate signed on behalf of RDC by a person stating that he does so on behalf of RDC, shall upon its mere production by RDC or its legal representative and without any evidence being required therefore, constitute proof (until the contrary is proved), for all purposes against any person who is or may be liable to RDC pursuant to this Agreement, of such signature and its genuineness, or the capacity, authority, and the powers of the signatory, and of the contents of such certificate, which contents may include a statement of the amount owing to RDC, and such statement shall be deemed to include such proof of all factual and legal matters giving rise to or underlying such amounts stated to be owing. RDC shall from time to time be entitled to correct, vary, substitute for or cancel any earlier certificate/s, but shall retain the right to issue any further such certificate/s as if any earlier such certificate/s had never been issued and without it/they having constituted a waiver, estoppel or novation.
All payments made by the Customer to RDC may at RDC's option, be appropriated to earlier purchases first.
If payment of any amount due and payable by the Customer to RDC is overdue, all amounts outstanding, whether due and payable in respect of the purchase price of all purchases made by the Customer shall then immediately become due and payable.

OVERDUE ACCOUNTS

Overdue accounts shall:
Bear interest at the prime overdraft rate as charged by Standard Bank from time to time plus 2%.
Entitle RDC, without prejudice and in addition to any other rights, to suspend any pending deliveries until the account is brought up to date, and to reverse any trade or early settlement discount which may have been granted to the Customer in respect of the transactions for which payment is overdue.
Suspend any rights which the Customer may have relative to any warranty which may have been given in respect of goods for which payment is due until such time as the overdue amounts have been paid. Where amounts are referred by RDC for collection, the Customer shall be liable for, and shall pay on demand, all expenses thereby incurred, including, but not limited to, legal charges on the attorney and client scale, attorney's collection charges, tracing fees and expenses, all as above, save only to the extent that the National Credit Act 34 of 2005 (if applicable) may limit the recovery of any such charges.

DISCRETIONARY CREDIT FACILITIES

The nature, extent, duration and existence of any credit facilities which may be allowed to the Customer from time to time shall always remain in the sole discretion of RDC. RDC shall notify the Customer of any change in the credit facilities granted to it without delay. RDC shall not increase the credit facilities unless the Customer requests an increase in the facility in writing (and any such increase is in RDC's discretion.)
Provided RDC is not in breach of its obligations under this Agreement, the Customer shall not be entitled to set off any amount, which it may allege is due and payable by RDC to it, against any amount which may be due and payable by it to RDC under this Agreement.

OWNERSHIP OF GOODS

Ownership in all goods sold by RDC to the Customer shall remain vested in RDC until fully paid for by the Customer and in the event of a breach of this Agreement, RDC shall be entitled to take possession of such goods wherever they may be kept. The Customer shall notify its landlord (if applicable) where the goods are kept and shall advise any party in possession of the goods, that ownership thereof vests in RDC.

PLACING OF ORDERS

In the event of an order being given to RDC by the Customer or by persons acting on behalf of the Customer, whether such order is given orally, online, or in writing, the Customer shall be estopped (ie prevented) from denying the validity of such order or the authority of the person placing such order, notwithstanding the fact that such order may have been given or signed by a person not authorised by the Customer.
The Customer acknowledges and agrees that the signature of any agent, contractor, sub-contractor or employee of the Customer on RDC's delivery note, invoice, waybill, or trip sheet or any other document, will constitute proof (until the contrary is proved) of delivery of the goods purchased.
Risk in goods shall pass to the Customer upon delivery. Goods to be dispatched to the Customer by rail, by cartage or other form of transport shall be at the risk of the Customer from the time delivery is made by RDC to the carrier, irrespective of whether or not the transport cost is paid by RDC. All demurrage charges will be for the account of the Customer. The Customer undertakes to insure the goods from the date that risk passes to the Customer.
Claims for shortages or damages must be notified to RDC in writing as soon as reasonably possible after receipt of the goods and in any event within 5 (five) business days thereof.

RETURN OF GOODS AND WARRANTIES ALL RETURNS

No replacement, repair of goods or refund will be made without an acceptable proof of purchase being supplied (e.g. original invoice or a copy).
All electronic goods will be tested before any replacement, repair of goods or refund is made.
For any refunds, replacements or repairs outside of sections 20 and section 56 of the CPA, RDC reserves the right to elect whether to replace or repair goods or grant a credit or a refund. NEW PRODUCTS WARRANTY
Goods sold by RDC are subject to a 12 (twelve) month warranty, commencing on the date of the invoice. The goods are subject to RDC's goods return policy set out in this Agreement.
Any damage caused by abuse, misuse, unauthorized modifications, incorrect installation, insect infestation, lightning, power surges or acts of God is not covered by the warranty. Goods may not be modified or repaired by any party other than RDC. Any such modifications or repairs will invalidate the warranty.
It is the responsibility of the Customer to ensure that the person installing the goods is qualified to do so. REPAIR/UPGRADE WARRANTEE
Goods repaired or upgraded outside of the new products warranty period, carry a 3 (three) month warranty in respect only of the repair or upgrade work carried out on the goods.
The warranty period commences on the repair or upgrade date indicated on the goods, irrespective of the date on which the Customer collects the goods. LIMITED FULL REFUNDS: SECTION 20
In terms of section 20 of the CPA, the Customer may return goods for a full refund if (i) the goods were delivered under a direct marketing agreement; (ii) the goods were not examined before delivery and do not conform to a supply agreement; (iii) the goods were intended to satisfy a particular purpose communicated to RDC and within 10 (ten) business days after delivery to the Customer, the goods have been found to be unsuitable for that particular purpose, and (iv) a mixture of goods were delivered (including, but not limited to, unsolicited goods) and the Customer has refused delivery of any of those goods.
The full refund referred to in section 20 of the CPA does not apply if goods have, amongst other things, been partially or entirely disassembled, physically altered, permanently installed or combined with other goods or property. FAULTY GOODS: SECTION 56
Faulty items (being failed, unsafe or defective goods as contemplated in sections 55 and 56 of the CPA) may be returned to RDC within 6 (six) months after delivery for repair or replacement at RDC's expense or a refund of the price paid, at the direction of the Customer.
If RDC repairs any goods and within 3 (three) months after that repair, the failure, defect or unsafe feature has not been remedied or a further failure, defect or unsafe feature is discovered, RDC will replace the goods or refund the price to the Customer (if so requested by the Customer). REPLACEMENT OR REPAIR OUTSIDE OF SECTIONS 20 AND 56 OF THE CPA
Subject to section 56 of the CPA, a repair or replacement of goods within the warranty period will not extend the duration of the original warranty period.
Goods which are repaired at the expense of the Customer will not be returned to the Customer until an order has been received by RDC and the incurred costs have been invoiced or paid for in cash by the Customer.
Repairs not collected in three (3) months will be sold to defray the costs of RDC.
RDC reserves the right to charge a handling fee of R75.00 (seventy five Rand) per unit sent in for repair which is found not to be faulty or where reports are requested beyond the information on the job card / repair advice.
Should RDC agree to accept the return of any goods and grant a credit to the Customer in circumstances where the goods are not faulty, the Customer shall be liable to pay to RDC a handling charge of not less than 10% (ten percent) of the invoiced price for the goods so returned.
If RDC provides a written warranty or guarantee in respect of the goods for a period of 12 (twelve) months, then during the period from the beginning of month 7 (seven) to the end of month 12 (twelve), RDC has the discretion to replace or repair any faulty goods.
Goods returned for credit or refund must be returned in the original condition and packaging.
Specially ordered items will not be replaced, credited or refunded (save under sections 20 or 56 of the CPA).
Goods must be sent in to the RDC Service Department at the Customer's expense for repair (subject to any contrary provision in the CPA). That is, all transport and freight charges on returned goods will be for the Customer's account (i.e. where not returned under sections 20 and 56 of the CPA).

CUSTOMER'S SPECIFICATIONS

Where RDC is specifically required to manufacture and/or supply goods to the Customer's specifications, RDC accepts no responsibility for the specifications of such goods and as a result does not assume responsibility for the efficiency or workability of such goods (as these will be dependent upon the specifications) so specifically manufactured for or supplied to the Customer. In this regard, the Customer hereby warrants that no copyright, patent, trademark, registered design or other intellectual property rights will be infringed in the manufacture thereof and the Customer hereby indemnifies RDC for all expenses, costs, damages and/or losses incurred by or claims brought against RDC in consequence of any such infringement.

DELAYS IN PERFORMANCE

RDC will not in any way be responsible for losses, damages or delays caused by or arising from acts or circumstances beyond its control, accidents against which due prudence could not have been avoided, riots, strikes, lockouts, transport or other delays, accidents, insurrection, war, national or international political unrest or for any other cause or contingency whatsoever beyond the reasonable control of RDC.
If the execution of any order placed by the Customer is delayed by the Customer or if RDC agrees to its cancellation, RDC shall, without prejudice and in addition to any other rights in law, be entitled to any expenses, costs, damages and/or losses suffered.

ACKNOWLEDGEMENT AND INDEMNITY

The Customer acknowledges that:

RDC may from time to time supply the Customer with certain goods which are intended for use as components in security systems to be supplied by the Customer to third parties;
RDC merely supplies the goods to the Customer, and that the Customer is solely responsible for installing the goods and/or incorporating the goods in security systems of ultimate endusers;
RDC does not assume any responsibility for the installation of the goods;
it is aware of the provisions of the SAIDSA Specification for Intruder Alarm Systems for Domestic, Commercial, Retail and Industrial Installations (SAIDSA By Law No. 25 dated January 2003) and bears the sole responsibility of ensuring that any installation incorporating the goods supplied by RDC complies with this Specification and/or any other applicable laws and/or regulations.

RDC undertakes to provide the Customer with documentation relating to the prescribed installation of the goods upon the request of the Customer and has offered the Customer the necessary training in the installation of the goods, whether or not the Customer has elected to undertake such training.
Save as set out below, RDC and its directors, employees and agents will not be liable to the Customer for any losses, damages, costs, expenses or claims, howsoever arising (ie whether arising in contract, delict or otherwise), which may be suffered or incurred by the Customer arising out of or in connection with the use of the goods or the failure or malfunction of a security system containing the goods.
Notwithstanding what is set out above, RDC will be liable for loss attributable to RDC's gross negligence or the gross negligence of any person acting for or controlled by it.
RDC acknowledges that it will be liable for any harm (as that term is defined in section 61(5) of the CPA) caused by:

supplying any unsafe goods;
a product failure, defect or hazard in any goods; or
inadequate instructions or warnings provided to the Customer pertaining to any hazard arising from or associated with the use of the goods.

Harm is defined in section 61(5) of the CPA as including:

the death of, or injury to, any natural person;
an illness of any natural person;
any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and
any economic loss that results from harm contemplated in paragraphs 9.5.1, 9.5.2 or 9.5.3 of this Agreement.

The Customer indemnifies and holds harmless RDC and its directors, employees and agents against any and all losses, damages, costs, expenses or claims (“Loss”) which may be suffered or incurred by or brought against them by any third party (including for the death or injury of any person or loss of or damage to any property, including any pure economic loss) arising out of or in connection with (i) the installation of the goods or (ii) any contravention by the Customer of the CPA or (iii) if such Loss is caused by the negligent or intentional conduct of the Customer.
These acknowledgments and undertakings given in this Agreement are irrevocable.
For the purposes of this indemnity, the negligent conduct of the Customer includes (but is not limited to) a failure to adhere to the GSM/SMS or VHF Warnings.

This clause 9 contains assumptions of risk/or liability by the Customer and limits and excluded liabilities, obligations and legal responsibilities which RDC will have toward the Customer and other persons. This clause also limits and excludes the Customer's rights and remedies against RDC and places various risks, liabilities, obligation and legal responsibilities on the Customer. The Customer has read clause 9 carefully and as such has checked the check box online confirming this.

BREACH

The Customer agrees and acknowledges that in the event of the Customer:

breaching any conditions contained herein (save for a breach contemplated in 10.1 and failing to remedy same within 10 (ten) business days of receipt of a notice in writing from RDC requiring the Customer to remedy the breach;
failing to pay any amount when due;
suffering any civil judgement against it and failing to pay the amount contemplated in the judgement or to take steps to challenge the judgement within 10 (ten) business days of the judgement being granted;
being placed under an order of provisional or final sequestration/liquidation (if applicable) or passing a resolution for the sequestration or liquidation of the Customer;
committing any act which, had it been a natural person, would constitute an act of insolvency in terms of the Insolvency Act No. 24 of 1936; then and in that event RDC shall, without detracting from any other remedies which may be available to it, be entitled to summarily cancel the Agreement or any sale of any goods to the Customer pursuant to this Agreement, and to then repossess such goods sold and delivered by RDC to the Customer, claim specific performance of all the Customer's obligations whether or not such obligations would otherwise have fallen due for performance, in either event without prejudice to RDC's right to claim damages.

These General Trading Terms and Conditions supersede and novate all prior agreements whether written or oral between RDC and the Customer. All contracts, transactions and dealings without exception between RDC and the Customer shall be strictly subject to these Terms and Conditions. The Customer hereby agrees that any apparent or purported or attempted exclusions, substitution or variation of any of these terms and provisions by the Customer in its orders or in any other way shall not be effective and notwithstanding the fact that RDC may accept an order from the Customer which appears or purports or attempts such exclusion, substitution or variation, these Terms and Conditions and provisions shall stand unaffected thereby as if such apparent or purported or attempted exclusion, substitution or variation had not been written.

NON VARIATION

No variation, alteration, consensual termination, representation, condition, term or warranty, relaxation or waiver or release by RDC, or estoppel against RDC, or the suspension by RDC, in respect of these Terms and Conditions or any part thereof, shall be of any force or effect unless reduced to writing and signed by the Customer and RDC.
The grant of any indulgence, extension of any time or relaxation of any provision by a Party under this Agreement (or under any other agreement or document issued or executed pursuant to this Agreement) shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor.

DOMICILIUM

The Customer appoints the address appearing under Section A above as the address at which documents in legal proceedings in connection with this Agreement may be served and as the address for notices in connection with this Agreement, and any change in respect thereof to a complete address of his residence or business premises must be notified to RDC by registered post to be effective. If any document or notice from RDC is posted to the Customer's address, then it will be deemed to be received on the 5th (fifth) business day after posting.

JURISDICTION OF THE COURTS

Notwithstanding the nature or amount of claim by RDC, the Customer hereby consents to the jurisdiction of the Magistrate's Court otherwise having jurisdiction; this consent is without prejudice to the right of either party to institute proceedings and to obtain judgement or an order in a High Court of competent jurisdiction. The successful party will be entitled to claim costs and expenses on the scale as between attorney and own client.
In the event of RDC instructing its attorneys or collection agents to collect any amounts, all legal fees and collection charges and tracing agents' fees as between attorney and client or collection agent and client, shall (subject to any contrary provisions of the NCA) be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.

APPLICABLE JURISDICTION AND SUBMISSION TO JURISDICTION

This Agreement is to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa.
Should the Customer be domiciled outside the Republic South Africa, in the event of any dispute or claim whatever arising between RDC and the Customer, such dispute or claim shall be determined and enforced exclusively under and in accordance with South African Law by a South Africa Court, and the parties shall, if outside the Republic of South Africa, submit to any such order of a South Africa Court upon its mere presentation. The Customer hereto submits to the jurisdiction of the South African Courts having jurisdiction and in the event of the Customer being a person not generally subject to the jurisdiction of the South African Courts, then by checking the checkbox agreeing to these terms and conditions (as warranted aforesaid), the Customer submits and consents to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg and such submission will be sufficient either to confirm jurisdiction or found jurisdiction in the event of legal proceedings being instituted against the Customer where the Customer would not, but for the provisions of this clause, be subject to the jurisdiction of the South Africa Courts.

CREDIT BUREAU

RDC has the Customer's consent at all times to contact and request information from any person, Credit Bureau or businesses, including, but not limited to, those mentioned in the credit application form in which these Terms and Conditions are contained and to obtain any information regarding the amounts purchased from suppliers per month, length of time Customer has dealt with such supplier, type of goods or services purchased and manner and time of payment.
The Customer hereby consents to and authorises RDC at all times to furnish personal and credit information concerning the Customer's dealings with RDC to a Credit Bureau and to any third party seeking a trade reference regarding the Customer in his dealing with the company.
I/We the undersigned hereby agree and permit that RDC is entitled to:

make any reasonable enquiries to any party to verify and research any details provided by the Customer on this application form, or any other details in relation thereto;
access the files of any Credit Bureau or its agents or its clients to ascertain the Customer's and its directors and/or members and/or principal's total available credit profiles when assessing this application and at any time during the currency of the Customer's account with the supplier;
disclose the existence and the conduct of the Customer's account with RDC, whether still current or not, to any Credit Bureau or other credit grantor for publication.

GENERAL

Please note that if the Customer has applied for and been granted a credit facility by RDC, then these General Trading Terms and Conditions are applicable to that Customer. If the Customer pays cash for its goods and credit facilities are not extended to the Customer, then the provisions dealing with the provision of credit will not be applicable to the Customer.
The Customer warrants that it is duly authorised to enter into this Agreement and that the representative who agrees to these terms and conditions by checking the online check box on behalf of the Customer is duly authorised to do so.
This Agreement contains all the express provisions agreed on by the Parties with regard to the subject matter of the Agreement and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement.
The Licence Party is bound to this Agreement only in respect of those provisions which make direct reference to it. The Customer understands and agrees, to the extent allowed by law, that the Licence Party shall not be obliged to discharge the obligations of RDC to the Customer other than as expressly provided for in this Agreement, and then only to the extent necessary.
The Customer may not cede any of its rights or delegate any of its obligations under this Agreement without the prior written permission of RDC.
This Agreement does not grant the Customer nor shall the Customer in any way acquire any Intellectual Property rights.

CONFIDENTIALITY

The Customer will treat and hold as confidential all Confidential Information. The Customer will not whether during the currency of this Agreement (save as contemplated under this Agreement) or thereafter, use any Confidential Information directly or indirectly or disclose the Confidential Information to any third party.
All written records of whatsoever nature relating to the Confidential Information which may come into the possession of the Customer, remain the sole property of RDC or the Licence Party, as the case may be and must be returned to RDC or the Licence Party, as the case may be, upon request.
Upon termination of the Agreement, the Customer must deliver up to RDC (or at RDC's request, destroy) all originals and copies of the Confidential Information in its possession.
If the Customer is obliged to disclose the Confidential Information pursuant to a court order or similar, then the Customer shall disclose no more Confidential Information than is necessary to comply with the order and shall give RDC adequate notice of such proposed disclosure (subject to any provisions in the court order to the contrary).

DEFINITIONS AND INTERPRETATION

In this Agreement, the following words shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings and other words derived from the same origins as such words (that is, cognate words) shall bear corresponding meanings:

“Affiliate” means with respect to RDC, any holding company or subsidiary company of RDC, or subsidiary company of such holding company, as those terms are defined in the Companies Act No 71 of 2008;
"Agreement" means the terms and conditions recorded herein,
"Authority" means the Independent Communications Authority of South Africa (also referred to as ICASA) or its successor in title;
“Confidential Information" means any information of RDC or the Licence Party which is not in the public domain (other than through the fault of the Customer), including, but not limited to, the terms of this Agreement, pricing information, information in respect of the Network and information in respect of the Intellectual Property;
"CPA" means the Consumer Protection Act 68 of 2008;
"Customer" means the customer who has logged on to the RDC or related website to make use of online services;
“GPRS Transceiver” means GSM transceiver units provided by RDC to the Customer for the transmission of signals over the communications infrastructure using GPRS.
“GSM Base Station” means the Customer's equipment which receives GSM signals;
“GSM Repeater” means equipment which comprises a part of the communications infrastructure which receives signals from the Network and relays the signals to the GSM Base Station;
"Intellectual Property" means all RDC's rights in and to intellectual property of whatsoever nature as at the Signature Date and thereafter, including, but not limited to, trade names, trade marks, trade mark applications, logos, designs, patents, copyright and know-how;
"NCA" means the National Credit Act, 34 of 2008;
"Parties" means the parties to this Agreement, being RDC and the Customer ;
"RDC" means Radio Data Communications (Proprietary) Limited, registration number 1989/004703/07, a private company established in the Republic of South Africa;
"RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002;
"Signature Date" means, when the check box agreeing to the terms and conditions was checked;
“SMS Transceiver” means SMS transceiver units provided by RDC to the Customer for the transmission of signals over the communications infrastructure using SMS technology.

In this Agreement:

references to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time;
words importing any particular gender include the other genders (ie the masculine, feminine and neuter genders, as the case may be); the singular includes the plural and vice versa; and natural persons include artificial persons and vice versa;
references to a "person" include a natural person, a juristic person, a trust, and/or any association of persons;
any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement unless otherwise stated or inconsistent with the context in which it appears;
the definition appearing in that clause or paragraph shall prevail over any other conflicting definition appearing elsewhere in the Agreement;
any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction;
the rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (ie the eiusdem generis rule) shall not apply.

The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
The rule of construction that the contract shall be interpreted against or to the disadvantage of the party responsible for the drafting or preparation of the Agreement (ie the contra proferentem rule), shall not apply.