1. SMARTLINK TERMS
1.1 Convergent Smart Control Technology Proprietary Limited with registration number 2015/359663/07 trading as SmartLink (“SmartLink”) provides an online platform which provides online connectivity to electronic devices which can be controlled by the Client remotelythrough the internet, alarm monitoring(“the Service”) and supplies various electronic devices which can be connected to the Service (“the Hardware”).
1.2 SmartLink is a registered Security Service Provider with the Private Security Industry Regulatory Authority (“PSIRA”) with registration number 2677920.
1.3 This document sets out the terms and conditions upon which SmartLink has agreed to provide itsservices to you, as the Client (“the Terms”).SmartLink reserves the right to amend these Terms in its sole discretion from time to time and it is your responsibility to be aware of any such amendments.
1.4 Your receipt of these Terms or acceptance of any SmartLink service indicates your explicit/implicit acceptance of the terms and conditions listed below. Should you require a copy of the Terms, PSIRA Code of Conduct or SmartLink Refund Policy, kindly request same at firstname.lastname@example.org.
1.5 The relationship between the parties is governed by the Terms and does not constitute a partnership, joint venture, agency or similar type relationship.
2. THE SMARTLINK SERVICE
2.1 The SmartLink Serviceconnects SmartLink approved electronic devices to your smartphone using Internet of Things (“IOT”) connectivity. The Service canbe used in a variety of ways, such as:
2.1.1 Control Devices: schedule and control electronic devices up to 40Awith the global wireless z-wave security protocol. Devices will need to be approved by SmartLink for compatibility.
2.1.2 Manage Risk: arm and disarm your security alarm, receive push alerts to your connected device in the event that your alarm system is activated, anddispatch your contractedarmed response service provider when necessary by means of aPSIRA registered 24 (twenty four) hour security monitoring centre.
2.1.3 Video: Using the SmartLink cameras, you can view video feed live, playback history, set up recording to follow activation on specified alarm zones, do continuous recording on an SD card and event based recording hosted on a network of remote servers.
2.1.4 Data Collection: You will have access to the data relating to your energy consumption to schedule your use for maximum efficiency and/or access your existing security system log in real time.
2.2 The SmartLink Service provides AES 128-Bit encryption to protect your personal information and data.
2.3 Given the nature of the Services and its OTT functions, the Electronic Communications and Transactions Act, 2002 (“ECTA”) does not apply and therefore SmartLink is not considered an ‘intermediary’ under ECTA.
2.4 SmartLink’s services are only available within the Republic of South Africa.
3. THE SMARTLINK HARDWARE
3.1 SmartLink sells various electronic devices which are configured to work in conjunction with the Services, such as cameras, switches, sensors, and door locks.
3.2 You can purchase any necessary Hardware from the SmartLink website at www.smartlinkafrica.co.za.
3.3 SmartLink will courier the Hardware to you anywhere within the Republic of South Africa. Costs may apply.
3.4 SmartLink Hardware is capable of being installed by the end user. However, should you require assistance, a SmartLink installer will install the Hardware for an additional fee. SmartLink installers are available in Johannesburg, Pretoria, Durban and Cape Town.
3.5 Alternatively, in the event that there is no SmartLink installer in your area, your local electrician will be able to install the SmartLink Hardware with the assistance of the SmartLink free online support team to assist you.
4. TECHNICAL SUPPORT
4.1 SmartLink will provide the Client with free troubleshooting and problem resolution support online or by telephone (“Support”).
4.2 All Support problems must be logged by the Client with the Help Desk via email at email@example.com or phone at +2787 700 0207. SmartLink’s business hours are from 08h00 to 17h00 Monday to Friday, excluding officially recognised public holidays within the Republic of South Africa.
5. REFUND ANDRETURN POLICY
In the event that you are unhappy with the Services or the Hardwareis damaged or defective, kindly contact SmartLink at firstname.lastname@example.org, to assist with a replacement, exchange or refund,as determined by our Refund and Return Policy, found here: Refund & Return Policy
6. SERVICE DURATION
6.1 The Services chosen by the Client shall commence upon activation of a new account by SmartLink and shall continue indefinitely until terminated by you giving SmartLink 1 (one) full calendar months’ written notice. The Client can cancel the Services by emailing email@example.com.
6.2 SmartLink reserves the right to terminate the Services for any reasonable reason which it deems necessary, in its sole discretion.
7. SERVICEPAYMENT TERMS
7.1 SmartLink will charge the Client a monthly fee for the Services. Each invoice shall reflect the monthly Service fee, inclusive of Value Added Tax, as levied under the Value Added Tax Act 89 of 1991(“Service Fee”).
7.2 The Client shall set-up a standing debit order for the Service Fee, which amount shall be paid monthly and in advance.
7.3 The Client agrees that SmartLink may add any outstanding amount resulting from additional services to the Client’s monthly debit order without additional permission from the Client.
7.4 Interest may be charged on any outstanding amount owed by the Client to SmartLink at a rate equal to the South African published prime overdraft rate, compounded monthly in arrears.
8. ANNUAL FEE INCREASE
8.1 SmartLink reserves the right to increase its Service Fee on an annual basis. Annual increases will be based on inflation as per the Consumer Price Index but will also take into account SmartLink’s operational requirements and resource deployment requirements.
8.2 Increases traditionally happen around February of each year. The Client will be given a 1 (one) month notice of any increases.
8.3 The exact amount and date of any increase shall be at SmartLink’ sole discretion.
9. DEBIT ORDERS
9.1 The Client agrees to give SmartLink the authority to draw against its bank account the Service Fee, on a monthly basis, as well as any additional amounts owed to SmartLink incurred as a result of SmartLink’s services.
9.2 SmartLink utilizes the services of Sage South Africa Proprietary Limited (registration number 2003/15693/07) as its trusted payment gateway to facilitate debit orders. The Client agrees to sign any documentation necessary for SmartLink to authorize the Client’s debit order through the payment gateway.
9.3 The Client will pay a fee of R45.00 (forty five Rand) for each debit order which is returned unpaid. Should the debit order be cancelled at any point, SmartLink reserves the right to suspend or terminate the services with immediate effect and without further notice to you.
9.4 SmartLink accepts payment via electronic fund transfer (“EFT”)for Service Fee, subject to an additional R95.00 (ninety five Rand)per month to defer costs associated with invoices, statements, collections and manual payment allocations.
The Client warrants that they will:
10.1 not allow anyone other than SmartLink to provide any Service support, other than SmartLink authorised dealers;
10.2 use SmartLink for its authorised purpose as set out in these Terms and shall not interfere with, disseminate, reverse-engineer, modify, duplicate, or otherwise use the SmartLink Service for any unauthorised purpose;
10.3 comply with all relevant legislative and legal obligations, such as those imposed by the Electronic Communications and Transactions Act 25 of 2002(“ECTA”) and the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002(“RICA”) when using the Services;
10.4 update the SmartLink online portal in the event that your personal information has changed, such as names, contact details, the contact person from your armed response or the armed response service provider; and
10.5 ensure that there is an uninterrupted power supply to the connected devices and broadband connection to SmartLink cameras.
The Client warrants that they will comply with the above requirements and will not hold SmartLink responsible in any manner for their failure or inability to do so.
11. LIMITATIONS OF SMARTLINK LIABILITY
SmartLink will not be responsible for, nor accept any liability arising as a result of any of the following actions or omissions on behalf of the Client, should the Client:
11.1 interfere with the SmartLink system, other than as instructed to do so by SmartLink;
11.2 suffer any damage due to loss of data;
11.3 cause any fault or defect, whether negligently or intentionally through any act or omission on behalf of the Client;
11.4 suffer any harm as a result of viruses, malware or spyware introduced into the SmartLink system by any party other than SmartLink;
11.5 suffer any damage resulting from fair wear and tear of SmartLink Hardware, Servicesor related services; and
11.6 breach any legislative duty or duty imposed on it in terms of this agreement.
The Client warrants that it has read and understood the limitations on SmartLink’s liability and will not make any claims, nor hold SmartLink responsible in any manner for any damage, loss or harm suffered as a result thereof.
12. LIABILITY AND INDEMNIFICATION
12.1 The Client agrees and understands that SmartLink’s services are complementary to insurance cover and the extent of this service serves as an end-user aid to manage risk.
12.2 Apart from instances of intentional, malicious, fraudulent, reckless or gross negligence, SmartLink does not guarantee safety or prevention of loss, liability, injury, death and damage of whatever nature. Whilst SmartLink shall take reasonable care in rendering its services, nothing contained herein shall be interpreted as providing the customer or any third party with any guarantee or assurance of safety against any loss, liability, injury or death of whatever nature and howsoever arising.
12.3 SmartLink cannot control and is not responsible for any liability arising out of, the content, equipment or item provided by you or a third party that is accessed through the Services and/or any material linked through such item. The Client is solely responsible for any and all loss, liability, damages, including but not limited to the HVAC or electrical systems, plumbing, home, product, other peripherals connected to the product, computer, mobile device and all other items and pets in your home resulting from your use of the Hardware, Services or other related services.
12.4 The Client agrees to hold harmless and indemnify SmartLink, its distributors and dealers against any losses, expenses or claims by any third party arising as a result of SmartLink’s provision of its services, including but not limited to claims of breach of intellectual property rights or privacy, services rendered by third party suppliers or any other act or omission of SmartLink during the course of providing their services.
12.5 SmartLink, its distributors and contractors shall never be liable to the Client, its employees and/or its customers in respect of consequential, indirect or special losses and/or damages (including loss of profits). In any event, SmartLink’s liability to the Client shall not exceed the aggregate portion of paid fees applicable to the Services or Hardware relating to such claim during the 12 (twelve) months immediately prior to the event.
13. THIRD PARTY SERVICE PROVIDERS
Where SmartLink is required to contract, manage or liaise with any third party under the instruction of the Client, SmartLink will not take responsibility for the conduct of that third party or be held liable for any act or omission on that third party’s behalf.You will be responsible to adhere to any third party terms of engagement.
14.1 SmartLink will take the utmost care to ensure that the Client’s data is protected and securedand accepts no responsibility for loss or corruption of the Client’s data caused in any manner other than due to SmartLink’s gross negligence.
14.2 Should SmartLink remove any hardware from the Client’s premises containing any data, it shall take all reasonable precautions to ensure the protection or prevent accidental loss of that data. However,SmartLink shall not be responsible for any loss of data caused by malfunctioning hardware or software.
14.3 All data created out of the Services is owned by SmartLink.
15. AUTHORISED LIMITED INTERCEPTION
15.1 The Client understands and agrees that SmartLink will have access to the Client’s indirect communications and is party to such communication as a result of the SmartLink’s services and the Services.
15.2 The Client further authorises SmartLink to intercept the Client’s indirect communications through the Services as is necessary for the proper provision of the Client’s requested services.
Insurance Provider Access
16. EFFECT ON TERMINATION
16.1 Should the Service be cancelled for any reason:
16.1.1 SmartLink will immediately cease to provide access to the Services;
16.1.2 all amounts owing to SmartLink shall become due and payable; and
16.1.3 it will have no effect on the enforceability of any provisions contained in this agreement intended to operate after the expiry of the Terms.
17. SERVICE ADDRESS AND CONTACT DETAILS
Each of the parties choose domiciliumcitandi et executandi(“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other contact purposes as being:
17.1 In the case of SmartLink, Contact Number or Email, SmartLink Postal and Physical Address
+27 21 001 0182
3 Sanctuary Close, Milnerton, Cape Town, 7441
17.2 in your case, at the e-mail and physical address provided by you to SmartLink in the registration process.
18. SECURITY SERVICE PROVIDER CODE OF CONDUCT
SmartLink complies with the Private Security Industry Regulation Act No 56 of 2001 (“the Act”) Code of Conduct, as amended and applicable to the Client and the Services. You can find the Act’s Code of Conduct here: PSIRA Code of Conduct
19. FORCE MAJEURE
It is agreed that neither party shall be liable for delay or failure to perform any obligations contained herein if such delay is due to acts of god including but not limited to, unforeseeable interruptions in land or radio links between SmartLink and the Client,fire, earthquake, labour disputes, war, martial law, government order, riot, revolution, outbreak of epidemic diseases or any other cause, including load shedding or power outages beyond the reasonable control of the parties.
20.1 SmartLink takes all reasonably necessary steps to protect and safeguard any confidential information concerning the Client, including information relevant to the security, safety or protection of the Client that has come to SmartLink’s knowledge.
20.2 Neither party shall during or after the provision of the SmartLink’s services,use to the prejudice or detriment of the other party, or divulge to any person any data, material, trade secret or any other confidential information concerning the business affairsof the other party which may have come into its possession or knowledge during the course of this agreement or pursuant to the provision of the SmartLink services.
If a party breaches any provision of this agreement and remains in breach of such provision for 14 (fourteen) business days after written notice to that party requiring that party to rectify that breach, the aggrieved party shall be entitled (without derogating from any of its other rights or remedies under this agreement or at law), at its option:
21.1 to sue for immediate specific performance of any of the defaulting party’s obligations under this agreement, whether or not such obligation is then due; or
21.2 to cancel this agreement, in which case written notice of the cancellation shall be given to the defaulting party, and the cancellation shall take effect on the giving of the notice, provided that no party shall be entitled to cancel this agreement unless the breach is a material breach; and in either event, the aggrieved party shall be entitled to claim any damages it has suffered, provided that any such damages shall sound in money and shall be payable in cash.
22. DISPUTE RESOLUTION
22.1 Should any dispute, disagreement or claim arise between the parties concerning SmartLink’s services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
22.2 Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf. The parties agree to mediation held in Cape Town, South Africa.
22.3 The parties both agree that in no circumstance will either party publicize the dispute on any public platform, including social media. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
23.1 Consumer Protection Act Compliance:SmartLink complies with the Consumer Protection Act 68 of 2008 including but not limited to provisions relating to the return of Hardware, reasonable terms, good quality goods and services.
23.2 Survival of Rights, Duties and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
23.3 Variation of this Agreement: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
23.4 Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law.
23.5 Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.