IP-BASED INTERCOMS SYSTEM SERVICESDISTINCTIVE CHOICE 358CC T/A MANVIC DISTRIBUTORS

INTRODUCTION: PRODUCT AND SERVICES DESCRIPTION

1.1. Distinctive Choice 358 CC t/a MANVIC DISTRIBUTORS (hereinafter referred to as Manvic”) provides access to the internet and email functionality through a comprehensive offering of connectivity products available in the marketplace, including, but not limited to, fibre and wireless broadband, and telecommunications systems amongst others.

1.2. Upon installation of a Bas-IP Intercom System, you will be able to register for an extended online Link App subscriber service which provides you with the following services:
1.2.1. Registration to our online cloud-based service;
1.2.2. Access to our mobile intercom App;
1.2.3. Access to our user portal;
1.2.4. Video and remote access to your intercoms system;
1.2.5. Remote access to your premises; and more.

1.3. These terms and conditions pertain to the IP based Intercoms System, registration thereto and your legal right to use or access services, software, mobile applications, and websites (“the services”).

1.4. Should these terms and conditions differ in any way from Distinctive Choice 358 CC t/a Manvic Distributors’ general terms and conditions, these terms and conditions shall take precedence.

1.5. Where these terms and conditions are silent on any aspect, the general terms and conditions or applicable law shall apply.

1.6. These terms and conditions may be found under the “Products” or “Services” tab on our Legal Notices Website.

2. DEFINITIONS
2.1. Activation Date means the date on which Manvic will give you access to and/or enable you to use a service.
2.2. Agreement means the Services Terms and Conditions as defined above together with the Application Form provided to you by Manvic.

2.3. Application Form means the document on which you selected your service or product of choice.

2.4. Authority means the Independent Communications Authority of South Africa (“ICASA”).

2.5. Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa.

2.6. Business Hours means the hours between 08h00 and 17h00 on a Business Day.

2.7. Effective Date means the date on which you signify your acceptance of the terms and conditions prescribed by us for the provisioning of a service or product, be that in writing or by way of electronic medium, including telephonic acceptance and,
in the event of any dispute as to said date of acceptance, the Effective Date shall be the Activation Date.

2.8. Electronic Communications Act means the Electronic Communications Act, 2005.

2.9. ECT Act means Electronic Communications and Transactions Act, 2002.

2.10. Force Majeure means (including without limitation) in the event of war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract or any other cause beyond the reasonable control of Manvic, that may result in a delay or a failure to provide the Service.

2.11. Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act,
No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978.

2.12. Marks means any trademarks, logos, brand names, domain names or other marks of Manvic.

2.13. NCA means the National Credit Act, 34 of 2005.

2.14. Network Coverage means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established.

2.15. Network Operator means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes (e.g. Telkom).

2.16. POPIA means the Protection of Personal Information Act, Act 4 of 2013.

2.17. RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002.

2.18. Subscriber means a user of the service; Subscribe or Subscription has a corresponding meaning.

2.19. Manvic refers to Wireless Associate Service Provider CC

2.20. We, us and our means Manvic Distributors, Registration Number 2003/046779/23, its affiliates and subsidiaries.

2.21. VAT means Value Added Tax as provided for in the Value Added Tax Act, 1991.

2.22. You means the subscriber to the service.

3. CONCLUSION OF THE AGREEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

3.1. You warrant that you have the contractual capacity to enter into this Agreement with us;

3.2. Should you enter into this agreement in your representative capacity, you warrant that you are duly authorized to enter into this agreement and legally bind the company / entity you represent;

3.3. You and/or the entity you represent agree to be bound to these terms and conditions on acceptance of same.

3.4. MANVIC reserves the right to tender services to you, or terminate services to you under certain ircumstances.

4. CONDITIONS OF ACCESS

4.1. Manvic will make the service available to you on the Activation Date.

4.2. Manvic will issue a username and password to you prior to the Activation Date in order to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a username and password.

4.3. You agree that:
4.3.1. You will use your username and password for your own personal use only;

4.3.2. You will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

4.3.3. If your password is compromised, you will immediately notify Manvic to change your password;

4.3.4. You, in your capacity as the holder of the username and password, are solely responsible for all payments in respect of a service charged to your Manvic account, irrespective of whether the service has been utilized or is being utilized by you or not;

4.3.5. The entire amount outstanding on your Manvic account will be deemed to have arisen from (or relate to) your access to and/or use of a Manvic service;

4.3.6. You will not, at any time, permit and/or initiate a simultaneous network log-in; and

4.3.7. You will not attempt to circumvent Manvic’s user authentication processes or engage in attempts to access Manvic’s network where not expressly authorized to do so.

5. SERVICE DELIVERY AND SERVICE AVAILABILITY

5.1. Manvic renders online and cloud-based services which are subject to a variety of network availability service.

5.2. Our software is maintained by Bas-IP located in Ukraine and hosted by Amazon Web Services in Cape Town and we dependent on availability of their service. There are times where maintenance will be affected and outages experienced and we undertake to limit this interruption as far as reasonable possible.

5.3. Your service is also dependant on your own connectivity with your mobile or fibre provider. The quality of your service is directly linked to the quality of your internet connectivity.

5.4. There may be instances where our App may not be compatible with your mobile device. Manvic accepts no liability for compatibility issues with your device and our IOS and Android Apps. Manvic cannot guarantee compatibility with your device.

6. COLLECTION, RETENTION AND USE OF PERSONAL INFORMATION

6.1. The nature of service provided by Manvic requires us to collect, retain, process and share certain information.

6.2. This process is regulated by the provisions contained in the Protections of Personal Information Act, Act 4 of 2013.

6.3. Manvic shall at all times adhere to the requirements as set forth in the act.

6.4. You hereby consent to the collection, retention, use and transfer of your personal information in so far as it is permitted in terms of the POPI Act, and in so far as it relates to the proper performing of services related to this service. You hereby
provide explicit consent to the collecting and processing of biometric data and video data for the purpose of operating and providing access to the services offered by Manvic.

6.5. Manvic undertakes to process personal information lawfully and transparently, to maintain and take appropriate security measures to protect personal information from unauthorized access, disclosure and or loss and shall not retain personal
information for longer than is necessary for the purpose for which it was collected.

6.6. For further information regarding our POPI policies, refer to the “POPI Policy” which may be found on our Legal Notices Website.

7. CONSENT TO ELECTRONIC COMMUNICATIONS

7.1. The nature of the services provided by Manvic requires that certain information and services be processed through electronic means.

7.2. This process is regulated by the provisions contained in the Electronic Communications and Transactions Act, Act 25 of 2002.

7.3. Manvic shall at all times adhere to the requirements set forth in the act.

7.4. You hereby consent to receiving communications, such as emails and or SMS Messages, and other forms of electronic
communication, such as, but not limited to notification.

7.5. You hereby consent to receipt of communications regarding (without being limited to) special offers, or discounts which Manvic may negotiate for and offer to its subscribers, operational changes that may affect the services and/or new services or products launched or discontinued by Manvic from time to time.

7.6. Manvic undertakes to take appropriate security measures to protect electronic communications from unauthorized access, interception or interference.

7.7. The Act requires us to keep record of all electronic communications for a period of Three years.

7.8. For further information regarding our ECTA policies, refer to the “ECTA Policy” which may be found on our Legal Notices Website.

8. INTERLECTUAL PROPERTY RIGHTS

8.1. You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.

8.2. You are prohibited from using any of Manvic’s Marks without the prior written approval of Manvic.
8.3. Other than as specifically provided in the product or service specific terms and conditions, Manvic will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by Manvic, its network infrastructure, e- commerce network
infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions.

9. LIMITATION OF LIABILITY

9.1. Manvic endeavours to always act in good faith and in the interest of its clients, users, subscribers or customers.

9.2. You acknowledge that Manvic and/or a third-party Network Operator (as the case may be) may under the circumstances as prescribed in RICA, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via
Manvics or the Network Operator’s network and you hereby consent to the undertaking of such activities by Manvic and/or a third-party Network Operator. Manvic and/or a third-party Network Operator shall not be liable to you for any losses,
liabilities, damages and claims and for any related costs and expenses suffered by you as a result of Manvic and/or a thirdparty Network Operator performing any activity referred to in this clause.

9.3. You hereby unconditionally and irrevocably indemnify Manvic and agree to hold Manvic harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by Manvic or
instituted against Manvic as a result of (without limitation):

9.3.1. Your negligent use of the service;

9.3.2. Any act of force majeure;

9.3.3. Your refusal to install a UPS to protect equipment from electricity surges and lightning strikes;

9.3.4. Your failure to comply with these terms and conditions and a provision of any Agreements concluded between us;

9.3.5. Any unavailability of, or interruption in the service, as contemplated above;

9.3.6. Any unauthorised breach of information by a third-party;

9.3.7. Any unauthorised breach of electronic communications by a third-party;

9.3.8. Any outage or break in service by any third-party service provider such as your mobile network provider.

9.4. Manvic cannot guarantee the correctness of information obtained from third-parties and accepts no liabilities in respect of
consequences of same.

9.5. Manvic accepts no liability for unauthorized acts by third parties or parties acting outside the scope of authority.

10. DISPUTE RESOLUTION/COMPLAINTS/COMPLAINT HANDELING AND CONSENT TO ARBITRATION

10.1. You are required to direct a complaint subscriber@bas-ip.co.za. Your complaint should include the following:

10.1.1. Your name and surname;

10.1.2. Your account number;

10.1.3. The date on which the complaint arose; and

10.1.4. A brief description of what gave rise to the complaint.

10.2. For complaints handling, refer to our “Complaint’s Policy” which may be found on our Legal Notices Website.

10.3. Any dispute between the parties shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration
Foundation of Southern Africa. Such arbitration shall be held in Cape Town and conducted in English before an arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction.
A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

10.4. These provisions shall not prevent either party from approaching the Magistrates or High Court to obtain timely interim or other relief in cases of urgency or breach of this clause.

11. BREACH

11.1. Should you be in breach of any provision of this Agreement, or any provision of the General terms and conditions, then Manvic shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

11.1.1. Afford you a reasonable opportunity to remedy the breach;

11.1.2. Suspend your access to a service; but in the case of a billing dispute only once the outcome of the investigation was conveyed to you as provided for in Billing Disputes;

11.1.3. Cancel all agreements concluded between us; or

11.1.4. Claim immediate performance and/or payment of all your obligations in terms hereof.

12. CERTIFICATE OF BALANCE

12.1. The amount due and payable to Manvic in terms of the agreement between us, shall be determined and proved by certificate
signed by on of Manvic’s Directors, whose appointment, qualification and authority need not be proven.

12.2. Such certificate is deemed to be a liquid document.

13. CESSION AND DELEGATION

13.1. You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of Manvic. Manvic shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you. “Affiliates” for this purpose includes anvic’s
holding company, the holding company(ies) of Manvic’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by Manvic or are under common control with Manvic.

14. JURISDICTION

14.1. You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by Manvic arising out of this Agreement, provided that Manvic shall be entitled, in its sole discretion, to
institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court. The jurisdiction of the Small Claims Court
is specifically excluded, as the parties agreed to follow the arbitration process.

15. AMENDMENT TO THESE TERMS AND CONDITIONS

15.1. Manvic reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on
our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.

16. GENERAL

16.1. The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.
16.2. Manvic is, in terms of section 43 of the ECT Act, required to make its contact details, its domicilium citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with Manvic. This information is available on our website: www.manvic.biz or www.bas-ip.co.za.

16.3. You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail.

16.4. No indulgence, leniency or extension of time which Manvic may grant or show to you shall in any way prejudice Manvic or preclude Manvic from exercising any of its rights in the future.

16.5. You warrant that as at the date of signature of the application form, all the details furnished by you to Manvic are true and correct and that you will notify Manvic in the event of any change to such details.

16.6. All our terms and conditions can be accessed, stored, and reproduced electronically.

16.7. The physical address where Manvi will receive legal service of documents/domicilium citandi et executandi is the following: 32 Victoria St, Somerset West, Cape Town, 7130.

IN THE EVENT THAT A UPS IS NOT INSTALLED AND WE ARE REQUIRED TO VISIT YOUR PREMISES DUE TO A POWER PROBLEM AND YOU HAVE NOT REBOOTED YOUR SYSTEM, THERE WILL BE A CALLOUT FEE

WHAT IS A UPS?

UPS is an acronym for UNINTERRUPTIBLE POWER SUPPLY. A UPS is a power protecton device that will regulate the incoming power to acceptable parameters and will also supply a limited amount of power when there is no mains power. It has a number of functons, designed to protect almost all electronic devices. To understand why this device is so important, it may help to understand power a little better. If, in the past, you have
witnessed flickering lights in your home or office, computers freezing up or restar􀆟ng, then you may be suffering a power supply problem. What many people do not realize is that the power provided to their home or office is at tmes irregular and not necessarily a continuous 220V supply, which is the ideal voltage supply.

However, even in residential areas this can o􀅌en be more 280V or less than 190V. The experience could even be worse in industrial areas, if you live near or work in these zones, due to machinery being used and a drop in power that is being drawn from these zones. A basic standby UPS can sense the voltage is not good enough or within tolerance and will automatically go to battery power until normal power returns. Other units can adjust the voltage for the connected equipment to keep it at safe levels. High-end UPS models can give a perfectly
stable output of 230V at all 􀆟mes regardless of input power. Other common power problems can be surges and spikes. This is where the incoming voltage jumps rapidly. A UPS can help fix most power problems.

WHY USE A UPS?
Power problems can and do occur every day
Lightning strikes on power lines and electrical substa􀆟ons can cause substantial damage to electrical equipment, even to domestic and commercial users who are hundreds of kilometers away. However, many spikes, surges and noise occurring every day in homes and offices can have the same devastating effect on your computer hardware and software equipment as a lightning strike…

AN OVERVIEW OF ELECTRICAL DISTURBANCES:
SPIKES:
A Spike is a dramatic increase in voltage normally lasting only a few milliseconds. Cause: Car accidents resulting in fallen power lines and lightning during an electrical storm. Result: Data corruption during a hard

TO ENABLE YOU TO MAKE THE CORRECT DECISION, PLEASE FIND THE BENEFITS OF INSTALLING A UPS:
disk read/write cycle as well as component breakdown due to over-specified voltage and/or out-of-range voltage.

BLACKOUT:
Total loss of mains power. Cause: Power grid overload, lightning, car accidents and earthworks. Result: Loss of unsaved current work and possible loss of entire hard drive contents due to a head crash or disruption of the file allocation table.

SURGE:
A short-term increase in supply voltage. Cause: The switching off of large electrical loads e.g. commercial air conditioners, fridges and industrial motors. Result: Damage or premature failure of delicate electronic components due to excessive dissipation of heat.

BROWNOUT AND SAG:
A Brownout is a long-term decrease in supply voltage, where a SAG is a short-term decrease in supply voltage, that lasts several hours. Cause: The switching on of large electrical loads e.g. commercial air conditioners, fridges and industrial motors. Other common causes are due to the over demand of utility power e.g. increased use of domestic air conditioners during summer months. Result: Possible head crash or disruption to the file
allocation table due to the equipment’s power supply hovering between power-on and power-off states, many times per second; also damage or premature failure of delicate electronic components due to excessive dissipation of heat.

NOISE:
EMI (Electronic Magnetic Interference) and RFI (Radio Frequency Interference), more commonly referred to as noise, is induced into the power supply. Cause: Radiation from high energy equipment such as welders, radio transmitters, fluorescent lights and electric switching equipment. These devices superimpose a distorted signal
onto the sine wave. Result: Keyboard lock-up and data corruption through unsynchronized radical impulses being saved as legitimate data.

HOW DOES A UPS WORK?
A UPS is used in many ways. For the sake of this explanation we will use a computer as an example of a typical UPS application. A UPS works by regula􀆟ng power to the electronic items you have connected to it (in the event of power surges or brownouts). In the event of a power failure, a UPS will alert you to the fact that there is no power and depending on the size of the UPS can either: shut down your computer; let your computer keep on running; alert you to the fact that there is a power failure which will allow you to shut down your
equipment yourself. This means that anything you are working on can be saved and then shut your computer down and it also means that in the event of any form of power surge your computer is protected from damage.

We hope that we have given you sufficient information to stress how important it is to use a UPS on your computer and electronic equipment. By using a UPS you can keep your equipment running safely from power problems mitigating any damage or incurring replacement and repair costs.