1.1 This agreement contains the terms and conditions under which we supply the services to you and make product instalment plans available to you.
1.2 These Terms along with any other terms that you agree to are binding on you and us.
1.3 When we say ‘we’, ‘us’ or ‘our’, we mean Smart Ostrich. Details of our current registered office address can be found on our website. smartostrich.co.za.
1.4 Your agreement is personal to you. You remain responsible for complying with your agreement. You may only assign your agreement to another person with our prior approval.
2.1 Your agreement with us commences when we commence the services.
2.2 You agree that the term of this Agreement is the period specified in the Monitoring Term.
3.1 Once you are Commissioned, we will provide you with access to the Services throughout the Term from the date of this Agreement.
3.2 We will always try to make the Services available to you. However, there are inherent limitations involved in the supply of GPS Services. Services are only available within GSM/WCDMA/LTE Network coverage area (NCA). Within the QNCA there may be places where access to Services is limited or unavailable.
3.3 There may be situations where services are not continuously available or the quality is affecte
3.3.1 when we need to perform any upgrading, maintenance or other work on the Smart Ostrich network or Services;
3.3.2 because of factors outside our control, such as the weather or interference caused by physical obstructions;
3.3.3 Limitations due to technology and/or services provided by 3rd party suppliers.
3.3.4 Your positional data is protected by our privacy terms and conditions, and will not ever be provided to any other party. Where preset service intervals are set, your dealer will be notified of approaching service intervals only.
4.1 Unless otherwise agreed, the following are steps we will take in the event of an alarm condition:
4.2 Where we receive an alarm condition, we will promptly attempt to contact you via the selected procedure based on the service plan as nominated by you to seek clarification of the purpose of the alarm condition and seek further instructions. If we are unable to contact we will attempt to contact your alternate contacts.
5.1 The performance, quality, workmanship and suitability of the system or accessory may be subject to the manufacturer’s specifications and warranty. The manufacturer’s warranty is in addition to, and not in substitution for, your statutory rights relating to faulty or misdescribed goods or services.
5.2 Unless otherwise stated in the manufacturer’s warranty terms, the system or accessory warranty is conditional upon:
5.2.1 the system or accessory being operated, handled and repaired in accordance with its intended use;
5.2.2 the system or accessory having been properly stored or maintained by you; and
5.2.3 no modification of the system or accessory without our consent.
5.3 The system or accessory warranty does not cover damage, malfunction or failure resulting from misuse, neglect, abuse, use for a purpose for which the system or accessory was not designed or is not suited or normal wear and tear.
5.4 If the system or accessory purchased by you is faulty or not functioning because you have misused it or because of wear and tear, it will be your responsibility to arrange, at your cost, to have it repaired or replaced so you can continue to use the services.
6.1 We have no liability to you for any loss of income, business or profits, for any loss resulting from theft, failure to receive an alert, or for any consequential loss sustained and arising out of or in connection with your use of the services or the system.
6.2 We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
6.3 We are not liable for any loss or damage to the extent that it was caused by you, or to the extent that you have failed to take reasonable steps to minimise or prevent the loss.
7.1 Accessory: any battery, battery charger, alarm or component, consumable item (items which are regularly replaced), software, or any other item that may be used with a system.
7.2 Account: all records about you, including your personal account information, your use of services, your charges and payments.
7.3 Agreement: this agreement.
7.4 Cancellation Fee: a fee charged if we terminate the agreement due to your conduct or if you terminate the agreement within the monitoring term. This fee may cover (without limitation) your fixed periodic charges for the monitoring term, our administrative costs, costs incurred by us in connecting and disconnecting services for you and our payments to authorised dealers.
7.5 Charges: the fees payable by you to us for access to, and use of, services and product instalment plans.
7.6 Connect: the procedure by which we give you access to services. ‘connection’ and ‘reconnection’ have corresponding meanings.
7.7 Customer Service: our service team who are available to help you with your queries. They can be contacted by lodging an online ticket.
7.8 Disconnect: the procedure by which we remove your access to services. ‘Disconnect’ has corresponding meanings.
7.9 Monitoring Term: The minimum fixed term for supply of services, being 1 month.
7.10 Optional Services: any services (such as security patrol response) that are only available if requested by you and approved by us.
7.11 Product Instalment Plan: an arrangement by us where you purchase a System or Accessory and pay for the System or Accessory by making periodic instalment payments to us in accordance with that arrangement.
7.12 Product Payment Schedule: From time to time the parties may agree a product payment schedule, in such an instance, each party undertakes to abide by the product payment schedule.
7.13 Smart Ostrich Coverage Area: The network access area as made available by the use of the ‘Intelligent Multi Network Switching SIM’ technology.
7.14 Services: the services offered by us including but not limited to alarm monitoring and asset tracking, but excluding any Optional Services.
7.15 Suspension: the procedure by which we temporarily Disconnect your access to Services. ‘Suspend’ has a corresponding meaning.
7.16 System: The components needed to complete the solution.
8.1 A connectivity subscription fee is payable after the expiry of the initial term of service, to connect to the Smart Ostrich network. This fee may change from time to time. You will receive inapp and email notifications of the expiry of the initial term, and if you do not renew your service, service will terminate on the expiry date. The Smart Ostrich connectivity subscription fee is payable by credit card via the Smart Ostrich website or Authoprised App through Stripe API only.
8.2 Smart Ostrich subscription fee is non-refundable and non-creditable, except where reuired by law. For Services obtained from Smart Ostrich or its agents you agree that the performance of Services will commence immediately - or at least as soon as possible — on Smart Ostrich acceptance of your order and that you relinquish your right to cancel upon performance.
8.3 To avoid being charged for your plan's renewal, you must cancel the subscription before your renewal date, Otherwise, you will be charged and will retain access to the plan’s features through the end of the paid period.
8.4 By accepting these terms and conditions you accept to receive email marketing from Smart Ostrich which you can easily unsubscribe from.