Terms of service

This is a legal agreement between a Customer and Spinac Systems (Pty) Ltd trading as Spinaxy for the service use. By using our service you agree to be bound by the terms and conditions of this agreement.

If a Customer does not agree to this agreement, Customer may not use our service.

General terms

Definitions & Interpretations

This agreement: The schedule, these terms and conditions and any annexures thereto.
SPINAC SYSTEMS: Spinac Systems (Pty) Ltd trading as Spinaxy, and where appropriate, its nominee.
Spinac Systems Control Centre: A telephone-operated call centre operated by Spinac Systems or its nominee 24 hours per day, 7 days per week for the purpose of monitoring signals emitted from Equipment.
Spinaxy Services: The various services provided by SPINAC SYSTEMS or its nominee (or both) under this agreement, which include tracking events, vehicle monitoring and armed response services, 24 hours per day, 7 days per week.
the Contacts: The Subscriber and its alternative contact persons listed in the Schedule.
Equipment: The equipment manufactured by Spinac Systems nominated supplier/s, all of which is designed to transmit signals to and from the vehicle for the purposes referred to in this agreement and which shall include a SIM card with a GSM cellular number, against payment thereof.
False Alarm: A signal from equipment which has been activated in circumstances other than a theft or hijacking (or attempt at either) of the Vehicle.
Fitment Centre: An automotive fitment centre approved by SPINAC SYSTEMS.
GSM Network: The Global Systems for Mobile Communications Network.
Low Voltage Signal: a signal from equipment activated as a result of low voltage across a battery in the equipment or the vehicle.
the Schedule: The Schedule prefixed to these terms and conditions which identifies the Subscriber and other particulars applicable to this agreement.
the SIM Card: The Subscriber Identity Model card fitted to Equipment and required by the Subscriber to access the GSM Network.
the Subscriber: The Subscriber identified in the Schedule.
Territory: Those areas within the Republic of South Africa which are permanently covered by the GSM Network.
the Vehicle: The vehicle or vehicles referred to in the schedule and into which equipment has been installed for use under this agreement.

The Agreement

This agreement is between SPINAC SYSTEMS and the Subscriber.
The Schedule read with these terms and conditions constitute an offer by the Subscriber to appoint SPINAC SYSTEMS to provide the Spinaxy Services and once the Schedule is signed by the Subscriber and accepted by SPINAC SYSTEMS either in writing or by its commissioning of the Equipment, a binding agreement will come into existence between SPINAC SYSTEMS and the Subscriber on the terms and conditions set out in this agreement.

Appointment

The Subscriber appoints SPINAC SYSTEMS to provide the Spinaxy services and SPINAC SYSTEMS acting under 2.2 accepts the appointment on the terms and conditions set out in this agreement.

Duration and Territory

This agreement shall be for the period specified in the Schedule and thereafter shall continue on a month to month basis until terminated by either party by the giving of twenty one business days written notice of termination.
Where the duration recorded in the schedule is in excess of 36 months;
It is with express agreement of the Subscriber; and
the subscriber acknowledges that it is aware of the option/s of an agreement of shorter duration and has selected the duration of this agreement due to the affordability of the lower monthly service fee which the Subscriber warrants is material to the Subscriber and to its financial benefit.
The Spinaxy Services will be commissioned only once the Equipment is properly installed and activated in the Vehicle by a Fitment Centre.
The subscriber shall be entitled to terminate this agreement at any time on 21 business days written notice to SPINAC SYSTEMS, provided that should notice be given within the period specified in the schedule, then the subscriber shall be obliged to pay a cancellation fee calculated in accordance with the schedule
The Spinaxy Services provided by SPINAC SYSTEMS are:
limited to the Territory, and
may be temporarily unavailable whilst in a parking or similar area or in any instance which prevents the transmission or proper transmission of signals from the Equipment to SPINAC SYSTEMS.

Equipment Warranty

SPINAC SYSTEMS warrants that for a period of 12 months from the date upon which the Equipment is installed by a Fitment Centre, it will operate within the parameters of its designed functionality, without defect.
Equipment which fails to be replaced or repaired under the warranty in 5.1 shall be either repaired or replaced by SPINAC SYSTEMS (using its sole discretion as to whether to repair or replace) at no charge to the Subscriber.
The warranty in 5.1 will not apply to Equipment which is not installed by a Fitment Centre or Equipment which has been modified, tampered with or misused and the Subscriber agrees that for the duration of this agreement it will neither tamper or interfere with the Equipment, other than through a Fitment Centre, or tamper with or use the SIM Card other than for its intended purpose. The warranty will not apply to water damage to the Equipment.
The subscriber may elect to rely on either the warranty in 5.1 or any statutory warranty imposed by the CPA but not both.
Note that battery life on the Informer product will be affected by various factors outside of SPINAC’s control including but not limited to environmental conditions such as ambient temperature, installation orientation and location, GSM coverage during operation and GPS satellite coverage during operation. The product warranty excludes the battery.

Signal and Testing

The Subscriber may, provided it has made prior arrangements with SPINAC SYSTEMS Control Centre, test the Equipment from time to time, but in any event, not more than once in any calendar month. Where the Subscriber wishes to initiate additional tests, it may only do so by prior arrangement with SPINAC SYSTEMS and against payment of a fee determined by SPINAC SYSTEMS in accordance with its standard testing rates from time to time.
The Subscriber shall inform the SPINAC SYSTEMS Control Centre immediately once that the Subscriber learns of a false alarm.
Where the SPINAC SYSTEMS Control Centre receives a signal from the Equipment and where SPINAC SYSTEMS despite reasonable endeavours, cannot make contact with the Contacts and in the event that the signal is as a result of a false alarm, then in that event, SPINAC SYSTEMS and/or its nominee shall be entitled to recover a fee from the Subscriber equivalent to the cost incurred in mobilising its resources to locate the Vehicle, alternatively, in the discretion of SPINAC SYSTEMS or its nominee, its fee in place from time to time for false alarm responses.
The Subscriber shall only be charged for false alarm activations which exceed 10 activations per month, unless the activations are those referred to in 6.3, in which event, SPINAC SYSTEMS or its nominee shall be entitled to recover from the Subscriber the amount referred to in 6.3.
SPINAC SYSTEMS shall not be obliged to notify the Subscriber more than once in any 24 hour period of receipt by SPINAC SYSTEMS of a low voltage signal.
The Subscriber indemnifies SPINAC SYSTEMS and its nominee against any loss, damage or claim arising from a false alarm provided that the subscriber shall have such rights against the Company in terms of and to the extent of Section 51(1)(c)(i)of the CPA.

The Spinaxy Service

SPINAC SYSTEMS shall use its best endeavours to maintain the availability of the Spinaxy Services to the Subscriber in the Territory subject to the terms set out in this agreement.
Where the Vehicle is stolen in the Territory during the period of this agreement, SPINAC SYSTEMS shall use its best endeavours to utilise the Equipment and its resources and/or those of its nominee for the purpose of locating the stolen Vehicle.
In giving effect to its obligations in 7.2, SPINAC SYSTEMS will utilise the Equipment to monitor the alarm system of the Vehicle and where a Subscriber does not itself report the theft of a Vehicle, SPINAC SYSTEMS will contact one or more of the Contacts should an alarm signal be received from the Equipment and will thereafter use its best endeavours to locate the Vehicle.
SPINAC SYSTEMS will in its sole discretion have the right to sub-contract, cede or assign some or all of its obligations under this agreement to a third party without notice and without the necessity of first receiving the Subscriber’s consent.
Where the Vehicle has been stolen, it shall be the responsibility of the Subscriber to inform SPINAC SYSTEMS immediately in the event that the Vehicle is located other than by SPINAC SYSTEMS. If the Subscriber fails to act under this obligation timeously, then SPINAC SYSTEMS shall be entitled to recover from the Subscriber that portion of the amounts set out in 6.4 as were incurred as a result of the Subscriber’s failure to execute the obligation timeously.
Whilst SPINAC SYSTEMS will use its best endeavours to locate the Vehicle, once stolen, due to circumstances outside of the control of SPINAC SYSTEMS, or its nominee, SPINAC SYSTEMS does not warrant that its endeavours will lead to the location of the Vehicle.
The Subscriber shall ensure that it is familiar with the correct operating procedures for the Equipment and the use of the Spinaxy Service. Necessary instructional material may be obtained from a Fitment Centre, SPINAC SYSTEMS’s website from time to time, and via SPINAC SYSTEMS Customer Call Centre.

Recovery

SPINAC SYSTEMS’s obligations under this agreement are limited to the monitoring of equipment and the use of best endeavours to locate the Vehicle. The Subscriber shall be responsible at its cost for transporting the Vehicle once located by SPINAC SYSTEMS to the Subscriber’s chosen destination for the Vehicle.
SPINAC SYSTEMS shall in its sole discretion decide whether to use an aircraft in the execution of its obligations under this agreement. In the event that SPINAC SYSTEMS or its nominee decides not to utilise the services of an aircraft and where the Subscriber nevertheless wishes itself to utilise those services, then SPINAC SYSTEMS will facilitate the use of an aircraft provided that the Subscriber authorises that use in writing and secures in favour of SPINAC SYSTEMS or its nominee (to the discretion of either of them), the cost of the use of the aircraft.

Consideration

In consideration for the provision by SPINAC SYSTEMS of the Spinaxy Services, the Subscriber shall pay to SPINAC SYSTEMS the monthly service fee referred to in the Schedule together with any increases thereto in terms of monthly in advance on or before the first day of each calendar month, provided that the first month’s fee shall be paid when this agreement is signed by the Subscriber and in the manner described in 9.8.
SPINAC SYSTEMS shall have the right to increase the monthly subscription on each anniversary of the date upon, which this agreement is signed by the Subscriber, compounded at the rate equivalent to the Consumer Price Index applicable to the 6 month period immediately preceding the anniversary concerned. (The Consumer Price Index is an index measuring consumer price inflation the details of which are found at www.statssa,gov,za)
Notwithstanding 9.2, SPINAC SYSTEMS shall be entitled to increase the monthly subscription on 30 days’ notice in the event that the cellular service provider which provides services to SPINAC SYSTEMS or its nominee increases its costs, in which event SPINAC SYSTEMS shall be entitled to increase the monthly subscription by an amount equivalent to the increase implemented by the cellular service provider. SPINAC SYSTEMS will provide to the Subscriber a monthly invoice or statement, upon request.

Privacy Policy

We take your privacy very seriously. Our privacy policy is available here. By accepting the Terms of Service, you agree to be bound by our privacy policy.

Indemnification

You agree to indemnify and hold, Spinac (Pty) Ltd, Spinaxy, its affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to your use of the service, your violation of the Terms of Service, and/or your violation of any other right of any person or entity.

Changes

Spinaxy may change this agreement at any time for any reason by posting the modified agreement on website.