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Reference: G:\cellphone_systems\agreements\agr100303.doc Page 1 of 1 remote_maintenance_and_airtime_agreement.pdf CellPhone Systems Division of In-House Paging Systems cc Company Number 2001/024306/23 Remote Maintenance and Airtime Agreement By and between: "The Supplier" and "The Customer" ___________________________________________ CellPhone Systems ___________________________________________ Enter (Division of In-House Paging Systems cc) Customer 2001/024306/23 Details CB Centre, 75 Durham Road Contact Person ____________________________ CLUBVIEW, CENTURION, Phone number ____________________________ P O Box 153, IRENE, 0062 Fax number _______________________________ Tel number 012 660 1100 Mobile number ____________________________ Fax number 012 660 2319 Email ____________________________________ Email firstname.lastname@example.org Date ____________________________________ Accepted by: "The Supplier" and "The Customer" at ______________________ on (date) _____________ at _______________________ on (date) _____________ ________________________________________________ ________________________________________________ For the Supplier For the Customer Schedule of facilities to be provided and charges The Customer indicates his choice by writing “Accept” in one box, and initialling next to the box. Web Access and Remote Support (Customer provides own SIM-card and airtime) R35,00 incl VAT. Write Includes 30 messages sent from website monthly. “Accept” and initial Each extra message sent from website charged at R0,35 incl VAT. or . Web Access, SMS Airtime and Remote Support (Supplier provides SIM-card and airtime) R65,00 incl VAT. Write Includes 100 messages sent from device, and 30 messages sent from website monthly. “Accept” and initial Activation fee (once only) R256,50 incl VAT. Each extra message sent from device charged at R0,35 incl VAT. Each extra message sent from website charged at R0,35 incl VAT. or . Web Access, Voice and SMS Airtime and Remote Support (Supplier provides SIM-card and airtime) Network __________ Package _________________________________________________ Write Includes monthly voice airtime, SMS messages sent from device, activation and SIM-card fee, “Accept” per attached schedule, and 30 messages sent from website monthly. and initial Each extra message sent from website charged at R0,35 incl VAT. Equipment type _____________________________________________________________________________________ Details of SIM-card Network Cell number SIM number PUK number Terms and Conditions 1. This agreement provides for the provision of remote programming service, website and airtime facilities as indicated on the first page to selected GSM equipment using the cellular telephone network. 2. The charges for the provision of services are shown in the “Schedule of facilities to be provided and charges”. 2.1. Charges may be varied from time to time by the Supplier, however, any variation must be in line with industry trends. 2.2. Regular monthly charges under this agreement will be payable in advance, and sundry charges in arrears, by means of a debit order by the Customer, free of any discount or bank commission. 2.3. At the inception of the agreement, the Supplier may levy a pro-rata charge until the first day of the next calendar month. 2.4. In the event of any request submitted for payment being returned unpaid, the Supplier may charge a re-submission fee. Should the payment be returned unpaid a second time, the Supplier may summarily cancel the agreement. 3. This agreement is for a two year period starting from the calendar month following acceptance of this agreement. 3.1. Every two years, the agreement will be automatically renewed for a further two year period if the Customer does not inform the Supplier in writing during the twenty-first month of each agreement period that he does not wish service to be renewed. 4. When indicated in the “Schedule of facilities to be provided and charges”, the Supplier will provide a SIM-card (subscriber identity card) that will be installed into the GSM equipment by others. 4.1. The Customer agrees that any SIM card supplied in terms of this agreement will only be used in equipment authorised by the Supplier. 4.2. When provided by the Supplier, the SIM-card will at all times remain the property of the Supplier and will be returned by the Customer upon termination of this agreement, or when requested by the Supplier. 4.3. The Customer will take care to ensure the safety of the SIM-card, and in the event of the SIM-card becoming lost or stolen, will without delay inform the Supplier and request that the SIM-card be cancelled. 4.4. The Customer agrees that all charges pertaining to a SIM-card provided by the Supplier will be billable to his account and will be paid without question. 4.5. SIM cards will be delivered by the supplier using courier, post or other means, all costs related thereto being charged to the Customer. 4.6. The Customer will return at his cost, including customs or government duty, any SIM cards to be moved from the Customer to the Supplier. 5. Where possible, the equipment will be programmed by the Supplier in advance of delivery. 5.1. After installation the supplier will adjust the programming and data to optimally suit the Customer's requirements. 5.2. From time to time, the Customer may request the Supplier to perform nominal changes to the programming or data. 5.3. When indicated in the “Schedule of facilities to be provided and charges”, the Supplier may provide the Customer with access to an online maintenance facility over the internet, to allow the Customer to adjust or alter the programming or data; however, the Supplier makes no guarantee as to the availability of online facilities. All airtime for using such online system will be charged to the Customer as indicated in the “Schedule of facilities to be provided and charges”. 6. This agreement provides no warranty over the equipment but is limited to the supply of airtime and network facilities only. 6.1. The Supplier makes no guarantee that the GSM network will always perform to the Customer’s performance criteria. 6.2. The Customer indemnifies the Supplier against any claims caused by the incorrect operation or non-operation of the equipment for any cause whatsoever. 6.3. The Customer agrees that the Supplier has no authority over the GSM network provider or his agents regarding access to the GSM-network, usage terms and conditions, or charges. 6.4. The Customer will abide by any contractual terms specified by the GSM network operator. 7. Both the Supplier and the Customer shall be entitled to cede their rights and responsibilities under this agreement to a third party. In the event of such cession taking place, the party wishing to cede his rights shall inform the other party in writing, and the agreement shall then become binding upon the remaining party, and the new party. 8. Both parties agree to accept the jurisdiction of the Magistrates Court in Pretoria, South Africa. 8.1. The parties choose their respective domicile citandi et executandi for all purposes in terms of this agreement at the addresses stated above unless altered in writing. 9. Every notice or other communication required or permitted under this agreement shall be in writing and shall be sufficiently given, seven days after posting by registered mail to the other party at its domicilium citandi et executandi. 10. This agreement and any attached schedules constitute the whole agreement between the parties and replace any preliminary understanding or agreement that may have been entered into between them. No amendment of this agreement shall be effective unless reduced to writing. 11. No indulgence or relaxation of the terms of this agreement by either party shall constitute a waiver or abandonment of that party's rights to require strict performance of the terms of this agreement. A waiver by any party of any breach of the agreement by the other party, shall not be construed as a continuing waiver for a similar breach, and a waiver shall be effective only when made in writing. 12. The signatory warrants that he has authority to bind the Customer to this agreement. All parties, please initial here. DEBIT ORDER INSTRUCTION The details of our Bank Account are as follows: Bank Name Branch Name Town Branch Number Account Name Account Number Type of account (mark one) Cheque Savings Transmission We hereby request, instruct and authorise you to draw against our account with the above mentioned bank (or any other bank or branch to which we may transfer our account) the amount necessary for payment of the monthly rental or maintenance consideration plus sundry charges in respect of our agreement on the 25th day of each and every month commencing from the date of installation, and continuing. All such withdrawals from our bank account by you shall be treated as though they had been signed by us personally. We hereby instruct and authorise your agent Netcash (Pty) Ltd, to draw against our account, and that the withdrawals authorised here will be processed by BankServ. We also understand that details of each withdrawal will be printed on our statement. We agree to pay any bank charges relating to this debit order instruction. This authority may be cancelled by us giving you thirty days notice in writing, sent by registered post, but we understand that we shall not be entitled to any refund of amounts which you have withdrawn whilst this authority was in force if such amounts were legally owing to you. Receipt of this instruction by you shall be regarded as receipt thereof by our bank (whichever it is or will be). Signed at ___________________________ on this ______ day of _______________/______ _____________________________________ SIGNATURE as used for signing cheques.
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