Matrix Protect Terms and Conditions

1. INTRODUCTION

1.1. The Customer subscribed for and had a Matrix unit installed in its vehicle for the tracking and recovery thereof, under and in terms of the Matrix Terms and Conditions entered into between MiX Telematics and the Customer.
1.2. For as long as the Customer has an active Matrix subscription and the Customer’s payments are up to date, the Customer has the option to subscribe for the additional Matrix Protect Services under and in terms of this Agreement.
1.3. The Customer hereby wishes to subscribe for the additional Matrix Protect Services.

2. DEFINITIONS

The following expressions shall have the following meanings:

2.1. Agreement: this Matrix protect service agreement;
2.2. Matrix: a brand of MiX Telematics;
2.3. Matrix Protect Services: means the following Matrix protect services as more fully defined in Annexure A attached hereto:
2.3.1. Accident Assist;
2.3.2. Fines Assist;
2.3.3. Pothole Assist;
2.3.4. Bail Assist; and
2.3.5. Licence Assist;
2.4. Business Day: a day which excludes a public holiday, Saturday or Sunday;
2.5. Customer: the party who entered into this Agreement with MiX Telematics and who has an active Matrix tracking device installed in its vehicle;
2.6. MiX Telematics: means MiX Telematics Africa (Pty) Ltd, registration number 2004/019797/07, and any company/ies contracted by MiX Telematics to provide the Services;
2.7. MiX Telematics Companies: means MiX Telematics, its holding company, MiX Telematics Limited with registration number 1995/013858/06, and/or any other associated or sister company of MiX Telematics;
2.8. Party/ies: means either MiX Telematics and/or the Customer, or both parties as the context requires;
2.9. Protected Parties: means any members, directors, officers, employees, representatives, agents and/or independent contractors and service providers of the MiX Telematics Companies;
2.10. RAF: means the Road Accident Fund; and
2.11. Welcome Pack: means the introductory pack that MiX Telematics provides to the Customer on the Matrix website: www.Matrix.co.za.

3. DURATION

This Agreement will commence on the date on which the Matrix Protect Services are activated by MiX Telematics and will continue thereafter indefinitely until:

3.1. terminated in accordance with clause 6; or
3.2. by either Party giving the other Party not less than 20 Business Days’ prior notice in writing.

4. OBLIGATIONS

4.1. The Customer undertakes to:
4.1.1. pay MiX Telematics all monies due and owing under and in terms of the Matrix Terms and Conditions entered into for provision of the tracking and recovery services;
4.1.2. pay MiX Telematics all monies due and owing under and in terms of this Agreement, monthly in advance, by means of a debit order;
4.1.3. ensure that sufficient funds are available for such monthly debit orders; and
4.1.4. inform MiX Telematics of any changes to the Customer’s supplied banking details or other information.
4.2. MiX Telematics undertakes:
4.2.1. To deliver the Matrix Protect Services to the Customer in accordance with the terms of this Agreement.

5. INFORMATION CONSENT

5.1. The Customer authorises MiX Telematics to use its information to:
5.1.1. provide the Matrix Protect Service to the Customer under and in terms of this Agreement;
5.1.2. assess its ability to meet its obligations under this Agreement;
5.1.3. share same with a credit bureau; and
5.1.4. share necessary personal information with any third party involved in supplying the Matrix Protect Services, to the extent required under this Agreement to provide the Matrix Protect Services; and
5.1.5. protect MiX Telematics’ interests.
5.2. MiX Telematics undertakes to protect the said information to the extent required by applicable law.

6. BREACH

6.1. If either Party fails to pay any amount due in terms of this Agreement; abuses the Matrix Protect Services; or breaches any of its obligations in terms of this Agreement, then the other Party shall be entitled to:
6.1.1. cancel the Agreement, with 20 Business Days’ prior written notice to the defaulting Party; and/or
6.1.2. seek to resolve any dispute in respect of this Agreement, by:
6.1.2.1. referring the matter to an independent dispute resolution facility; or
6.1.2.2. taking legal action, which costs will be for the defaulting Party’s account and which will be either collection fees or legal fees at attorney-client rates, or both.

7. LIMITATION OF LIABILITY

7.1. The Customer agrees that the MiX Telematics Companies and Protected Parties shall not (under any circumstances) be liable for any damages or loss, including direct, indirect, incidental, special or consequential loss or damage arising out of death, bodily injury, loss of health, illness or trauma suffered by the Customer or any third party or the loss, destruction of or damage to any property belonging to the Customer or a third party (collectively “damages”) including arising due to the negligence of the MiX Telematics Companies or any Protected Parties, unless the MiX Telematics Companies or any Protected Parties were grossly negligent or acted wilfully when providing the Matrix Protect Services to the Customer.
7.2. The Customer hereby indemnifies each of the MiX Telematics Companies and Protected Parties against any claim for damages brought by any person, including in respect of negligence, unless MiX Telematics was grossly negligent or acted wilfully under the terms of this Agreement.

8. GENERAL

8.1. This Agreement reflects the full agreement between the Parties and any amendments or cancellation must be in writing and signed by the Parties. No indulgences given shall constitute a waiver of any rights.
8.2. If any part of this Agreement is found to be invalid, the balance shall remain enforceable.
8.3. This Agreement is governed by the laws of the Republic of South Africa.
8.4. The Customer warrants that it has legal capacity and authority to conclude this Agreement.
8.5. MiX Telematics shall be entitled to cede all or any of its rights and/or obligations in terms of this Agreement without the Customer’s consent.

ANNEXURE A
MATRIX PROTECT SERVICES

FINES PROTECT

1. Fines are said to be “issued” once they are posted onto www.paycity.co.za.
2. MiX Telematics can only check and notify a Customer of fines that are posted onto www.paycity.co.za.
3. Other fines that are not posted onto www.paycity.co.za can be dealt with by MiX Telematics, but MiX Telematics must be notified of these by the Customer before the Fines Protect service can commence.
4. The full discount/recovery amount will be passed back to the Customer.
5. The Fines Protect service is limited to traffic fines issued within the Republic of South Africa.
6. The Fines Protect service is limited to the Customer (main member) only.
7. The Customer’s monthly fees under the Agreement must be fully paid up at the time of the fine being issued.
8. At the time of the fine, the Customer must comply with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.
9. MiX Telematics does not guarantee the performance of the traffic department.
10. The Fines Protect service does not include Aarto (Administrative Adjudication of Road Traffic Offences) de-merit points reductions.

LICENSE PROTECT

1. The License Protect service is limited to license renewals within the Republic of South Africa.
2. The License Protect service is limited to the Customer (main member) only.
3. The Customer’s monthly fees under the Agreement must be fully paid up at the time of the license renewals and delivery thereof.
4. At the time of the license renewal, the Customer must comply with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.
5. MiX Telematics does not guarantee the performance of the license department and/or Post Offices.
6. Invoices will only be valid for 15 days.
7. MiX Telematics cannot be held liable for any delays in payment or delays in response by the Customer.
8. MiX Telematics cannot assist the Customer where a license renewal is blocked due to outstanding traffic fines or outstanding renewals on other vehicles.
9. Due to the personal nature of the information, MiX Telematics cannot assist in making changes to the Customer’s details on e-natis.

POTHOLE PROTECT

1. The Pothole Protect service is limited to irreparable tyre damage as a result of a pothole on a road within the borders of the Republic of South Africa.
2. MiX Telematics will only help in respect of vehicles owned by the Customer and the Customer’s legal spouse (limited to one spouse only, if applicable);
3. No Pothole Protect service will be provided:
a. if the Customer has already claimed or is in the process of claiming for the damage from the Customer’s Insurance Company; or
b. the incident is not reported to MiX Telematics within 5 (five) Business Days of the incident.
4. Where the assessor does not substantiate the merits of the case, and if the Customer does not agree, or there is material conflict between the Customer’s assessment and that of the assessor, then the case will be referred to the Pothole Protect Advisory Panel. The decision of the Pothole Protect Advisory Panel will be final and binding on the Parties. The Pothole Protect Advisory Panel will consist of an admitted attorney as well as a tyre expert from a leading tyre retailer. MiX Telematics will not be responsible for any costs incurred in referring the Customer’s case to the Pothole Protect Advisory Panel.
5. Any costs incurred by the Customer from being approached by an outside party, without the prior written consent of MiX Telematics, will not be covered.
6. The Customer is at all times free to obtain outside second opinions but the costs of these will not be borne by MiX Telematics, unless same has been pre-approved by MiX Telematics in writing.
7. The Customer’s monthly fees under the Agreement must be fully paid up at the time of the incident.
8. At the time of the incident the Customer must comply with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.
9. MiX Telematics does not guarantee recovery from the relevant roads agency.

ACCIDENT PROTECT

1. MiX Telematics will limit its Accident Protect services where its legal practitioner does not substantiate the merits of the case. If this is in conflict with the view of the Customer or if there is a material conflict between the Customer’s assessment and MiX Telematics’ legal practitioner’s assessment, the case will be referred to the Accident Protect Advisory Panel (which will consist of the Accident Protect legal advisor as well as 2 external, independent, legal advisors) for review. The costs of this review process will be for the Customer’s own account.
2. The Customer is at all times free to obtain outside second opinions but the cost of these will not be borne by MiX Telematics, unless pre-approved by MiX Telematics in writing.
3. The Customer is not obliged to use the services of MiX Telematics in which event MiX Telematics will not be liable for any costs incurred by the parties.
4. The Accident Protect service is only available for accidents that occur in the Republic of South Africa.
5. The Customer’s monthly fees under the Agreement must be fully paid-up and the Customer must be eligible for the Beam’ Protect Services at the time of the motor accident.
6. At the time of the accident the Customer must comply with all the legal and regulatory matters required by the Acts governing the RAF.
7. MiX Telematics does not guarantee performance from the RAF.

BAIL PROTECT

1. The maximum amount of bail per incident is R3 000. No assistance is available for bail in excess of this amount.
2. The bail will only be paid directly to the courts or government body via cash to the police departments or via attorney trust accounts to the relevant courts.
3. The receipt for the bail payment must be given to the service administrator or its appointed agents or posted by registered mail within 24 hours of payment of bail, failing which a penalty of R500 may apply.
4. If the Customer does not appear at court on the appointed date, the Customer will be liable to pay MiX Telematics the amount of the bail plus any legal costs incurred.
5. No bail assistance will be provided where:
a. the crime of which the Customer is accused of is classified as one of:
i. Assault with Grievous Bodily Harm;
ii. Murder or Attempted murder;
iii. Rape;
iv. Child abuse;
v. Child pornography;
vi. Dealing in drugs;
vii. Armed robbery or robbery with aggravating circumstances; or
viii. Treason, sabotage or subversion,
b. the crime of which the Customer is accused is classified as one contemplated in Part II or Part III of Schedule 2 of the Criminal Procedure Act, 51 of 1977;
c. the Issuing Authority is outside the Republic of South Africa;
d. the Issuing Authority is anyone other than an authorized police official as contemplated in Section 59 of the Criminal Procedure Act, 51 of 1977;
e. the fees due have not been paid and accepted by the Administrator; and/or
f. a claim has previously been paid under this Agreement where the Customer did not supply the Administrator with the receipt for the bail within 24 hours of the payment being lodged with the Issuing Authority and/or where the Customer did not appear in court as per the bail conditions.
6. The Parties record that the payment of the bail amount is not guaranteed and the Customer indemnifies MiX Telematics in the event that it does not, in its sole and unfettered discretion, pay the bail amount due.
7. The Customer furthermore indemnifies MiX Telematics, should it take longer than 4 (four) hours, calculated from the time when MiX Telematics was informed of the Customer’s arrest, up and to the time upon which MiX Telematics reaches the relevant Police Station.
8. MiX Telematics shall use its reasonable best endeavours to provide the Bail Protect services in a reasonable manner.
9. The Customer hereby irrevocably indemnifies the MiX Telematics Companies and/or Protected Persons against any claim for damages which may be instituted against any one or more of the MiX Telematics Companies and/or Protected Persons by the Customer, and or any of the Customer’s estates, successors in title or third parties, arising out of or in connection with any negligent conduct of the MiX Telematics Companies and/or Protected Persons unless such liability arises from the gross negligence of the MiX Telematics Companies and/or Protected Persons.
10. The Customer hereby indemnifies the MiX Telematics Companies and/or Protected Persons against direct damages, costs or losses incurred by the MiX Telematics Companies and/or Protected Persons arising out of any claim by any third party for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party caused by the negligence or wilful conduct of the MiX Telematics Companies and/or Protected Persons.
11. Notwithstanding anything contained herein to the contrary, MiX Telematics’ total liability for any and all claims (whether in contract or delict) arising out of this Agreement or the provision of the Matrix Protect Services shall be limited to R250 000 only.
12. MiX Telematics shall not be liable to the Customer or any cessionary or third party claiming through or on behalf of the Customer for any indirect, special or consequential damages (including loss of profits) arising out of or related to this Agreement or the Matrix Protect Services.

CONTACT

In the event that the Customer wishes to:

1.1 Make use of, or enquire about, the Matrix Protect Services, kindly contact:
Telephone – 0861 001 050
E-Mail – Matrixprotect@Matrix.co.za
1.2 Enquire about account related issues, contact:
Telephone – (011) 654-8090
E-Mail – debtors@mixtelematics.com
1.3 Make general enquiries about account related issues, contact:
Telephone – (011) 654-8090
E-Mail – customercare@mixtelematics.com