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 authorised 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 circumstances.
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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
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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 unauthorised 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 Manvic’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
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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.