Standard Terms & Conditions
1 Definitions
STANDARD TERMS AND CONDITIONS for Comtrack (Pty) Ltd Reg. No. 2021/596280/07 hereinafter referred to as “COMTRACK”, “We”, “Our” or “The organization”.
1.1. “Agreement” - The agreement concluded between the Client and COMTRACK in respect of the Product and/or Service outlined in the Subscriber Application Form which agreement will be exclusively governed by these terms and conditions and the specific terms and features applicable to the relevant Product or Service (as contained in COMTRACK’s Product brochures), read together with the Subscriber Application Form and any appendices attached.
1.2. “Business Day” - Any day other than a Saturday, Sunday or official public holiday in South Africa.
1.3. “ Comtrack, Comtrack SA” – COMTRACK and any entities appointed by COMTRACK to perform the Service and shall include references to the employees, agents, sub-contractors, service providers, suppliers and any independent contractors of COMTRACK or such appointed entities.
1.4. “Client” – The Party whose details appear on the Subscriber Application Form and who has signed after being requested to read these terms and conditions which will govern the relationship between the Parties.
1.5. “Confidential Information”- Information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential.
1.6. “Cooling-Off” – Means the right of the Client to rescind the Agreement if it originated from Direct Marketing as referred to in clause 3.6.
1.7. “Day; Week; Month” – Calendar day, week or month, respectively.
1.8. “Direct Marketing” – means where the Client has been approached by COMTRACK in an unsolicited manner as defined in the Consumer Protection Act No 68 of 2008.
1.9. “Fee” – The collective fees for providing the Service, either as minimum term option or as a standard Option specified on the Subscriber Application Form and payable monthly in advance by the Client to COMTRACK, together with any other charges which COMTRACK is allowed to levy under this Agreement and which are set out in the Price Table.
1.10. “Installation Centre” – A Centre approved by COMTRACK for the installation of a fixed Unit.
1.11. “Intermediary” – A third party nominated by the Client.
1.12. “Loss” - The hijacking and/or theft of a Vehicle, in which event the Client is responsible to immediately notify COMTRACK if the Client has a Unit with SVR.
1.13. “Product” – The Unit and/or the value-added services selected by the Client on the Subscriber Application Form.
1.14. “The Parties/Party” – COMTRACK and the Client; either COMTRACK or the Client.
1.15. “Price Table” – An indicative price list, available to the Client on request, setting out the ruling retail price for the Service, the Minimum term option amounts, the Products and ancillary charges which may be updated from time to time.
1.16. “Purchase Price” – The amount specified as the “Price” on the Subscriber Application Form.
1.17. “Roaming Costs” – Any GSM costs incurred when the Unit transmits messages via a GSM network when located outside the Territory.
1.18. “Service” – Means the provision by COMTRACK to the Client of Fleet Management Services (“FMS”) and/or Stolen Vehicle Recovery Services (SVR), dependent on the Product selected by the Client on the Subscriber Application Form.
1.18.1. “FMS” - Means the provision by COMTRACK to the Client of a real-time web-based system whereby the Client is able to position, monitor and obtain reports covering various aspects of driver and Vehicle performance. This Service only applies where a GPS fleet management Unit is installed and is limited to the Territory, except if the Product specifically incorporates international data roaming, in which case the roaming data service will be provided in specified countries.
1.18.2. “SVR” - Means the provision of a Service by COMTRACK to the Client whereby COMTRACK conducts the tracking and recovery operations in accordance with COMTRACK’s standard procedures to secure the Vehicle after receiving notification of a Loss by the Client. This Service is only applicable in the Territory and in countries where COMTRACK has an operational branch.
1.19. “Subscriber Application Form” – The face of this Agreement and any appendices attached.
1.20. “Term” – Where the Client has selected the standard purchase option, from and including the date of installation to 00:00 on the last day of the month; where the Client has selected the minimum term option, from and including the date of installation to 00:00 on the last day of the Minimum term option period stipulated in the Subscriber Application Form, which minimum term option period shall be deemed to be 36 (thirty six) months from installation.
1.21. “Territory” – The Republic of South Africa.
1.22. “Unit” – The electronic device and ancillary equipment to be installed in a Vehicle at an Installation Centre, by an authorized COMTRACK representative in order for COMTRACK to provide the Service.
1.23. “Vehicle” – Any Vehicle or other asset of the Client which is the subject of this Agreement and in which a Unit is installed, the details of which appear either on the Subscriber Application Form or on any appendix attached.
1.24. Strict Collection - The strict collection policy of monthly legally owing fees to COMTRACK, This apply to all service fees and monies owing to COMTRACK
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2. The Service
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2.1. An authorised COMTRACK representative at a COMTRACK Installation Centre shall install the Unit into the Client’s Vehicle/s.
2.2. Where the Client has selected a Unit with SVR, with or without FMS, the following shall apply:
2.2.1. COMTRACK will respond to each notification of a Loss and do all that it reasonably can to recover the Vehicle. The Client authorises COMTRACK to recover the Vehicle for the Client and, if necessary, after recovery, to remove the Vehicle from a dangerous location. If COMTRACK is under obligation, after securing the Vehicle, to deliver it to a relevant authority, COMTRACK shall do so. The recovery will, unless agreed otherwise by written or verbal notice to the Client, be rendered free of additional charge within the Territory and countries where COMTRACK has an operational branch. In the event that the Client requires a cross-border recovery, the Client will be responsible for the repatriation of the Vehicle and the cost thereof;
2.2.2. COMTRACK does not guarantee that the SVR will lead to a recovery. The Client acknowledges that the SVR is intended to reduce the risk of Loss, but will not eliminate such risk;
2.2.3. The Client shall, immediately or as soon as is practically possible, notify COMTRACK of any recovery request unintentionally generated (“false alarm”). The Client will be responsible for any false alarm and understands that such false alarm may lead to the relevant authorities or COMTRACK responding thereto and making wrongful arrests. Accordingly, the Client shall be responsible to repay all costs and any expense incurred by COMTRACK, and hereby indemnifies COMTRACK against all claims or damages arising out of a false alarm.
2.3. Where the Client has selected a Unit with FMS, with or without SVR, the following shall apply:
2.3.1. The FMS features provided by COMTRACK to the Client are dependent on and limited to the Product selected by the Client and as indicated on the Subscriber Application Form and in the Product brochures;
2.3.2. Secure 24-hour (twenty-four-hour) access to the web-based monitoring and reporting system shall be provided to the Client on creation of a username and password;
2.3.3. User support shall be provided by user manuals and a telephonic or email support desk.
2.3.4. COMTRACK provides its Clients with a free, 24-hour (twenty-four-hour) Unit testing service.
2.4. The Client accepts responsibility for making all reasonable enquiry as to the suitability for purpose of the Unit, the main features of which are disclosed in Product brochures which are available to the Client on request.
3. Terms and Conditions
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3.1. This Agreement shall continue for the Term.
3.2. The Client (if the Client is a natural person) may cancel this Agreement in writing or other recorded manner:
3.2.1. upon the expiry of the Term without penalty or charge, subject to the Client remaining liable to COMTRACK for any amounts owed in terms of the Agreement up to the date of cancellation; or
3.2.2. at any other time, by giving COMTRACK notice of 20 (twenty) Business Days, subject to the Client remaining liable to COMTRACK for any amounts owed in terms of the Agreement up to the date of cancellation and subject to clause
3.3. The Client (if the Client is a juristic person) may cancel this Agreement in writing or other recorded manner:
3.3.1. by giving COMTRACK notice of 1 (one) month upon expiry of the Term, subject to the Client remaining liable to COMTRACK for any amounts owed in terms of the Agreement up to the date of cancellation; or
3.3.2. at any other time, by giving COMTRACK notice of 1 (one) month, subject to the Client remaining liable to COMTRACK for any amounts owed in terms of the Agreement up to the date of cancellation and subject to clause
3.4. 3.4. COMTRACK will impose a reasonable cancellation fee, should the cancellation be before the end of the Term. In this regard, if the Client is a Consumer, as defined by Section 1 of the Consumer Protection Act No 68 of 2008, then the cancellation fee shall be determined by taking into account the cost incurred by COMTRACK in the acquisition of the Client, which cost may vary from time to time. Should the Client not fall within the definition of a Consumer, then the cancellation fee shall be equal to the value of the remainder of the Client’s contract.
3.5. COMTRACK may cancel this Agreement 20 (twenty) Business Days after giving written notice to the Client of a material failure (i.e. non-payment or failure to comply with the obligations in terms of this Agreement) by the Client, unless the Client has rectified the failure within that time.
3.6. Should the Client have concluded the Agreement with COMTRACK as a result of Direct Marketing, the Client has the right to enforce its Cooling-Off rights in accordance with the Consumer Protection Act 68 of 2008. In terms thereof, the Client may be entitled to cancel the Agreement within 5 (five) Business Days after the Agreement has been concluded, by written notice to COMTRACK. Should the Client exercise his/her Cooling-Off rights, then any payment that has been made to COMTRACK in respect of such Agreement will be repaid as follows:
3.6.1. Within 15 (fifteen) Business Days if no installation has been completed; or
3.6.2. Within 15 (fifteen) Business Days after the return of the Unit to COMTRACK if installation has already taken place.
3.7. In the event that the Client finds the Unit defective or not of the standard described, the Client shall return the Vehicle to COMTRACK within 10 (ten) Business Days of fitment, at COMTRACK’s risk and expense, for COMTRACK to inspect the Unit installed in the Vehicle. Should the Unit be found to be defective, COMTRACK shall, at its discretion, replace the Unit or cancel the Agreement.
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4. Renewal
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4.1. COMTRACK will, not more than 80 (eighty) days and not less than 40 (forty) days before the expiry of the Minimum term option, notify the Client in writing or any other recordable form of the impending expiry date, including the notice of:
4.1.1. Any material changes that will apply if the Agreement is to be renewed or which may apply beyond the expiry of the Term; and
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5. Fee
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5.1. The Price Table, as contained in the Product brochures and updated from time to time, will be made available to the Client upon the Client’s request.
5.2. The Client shall pay COMTRACK the Fee for the Service as set out in the Subscriber Application Form as revised from time to time as per this clause 5, monthly in advance by debit order on the Client’s bank account.
5.3. In the event that the payment date as selected by the Client on the Subscriber Application Form does not fall on a Business Day, the Client hereby agrees that COMTRACK may debit the Client’s bank account on the preceding Business Day.
5.4. In the event that the Client’s debit order is returned for any reason whatsoever, COMTRACK reserves the right to change the date on which debit orders are processed.
5.5. The Client shall pay COMTRACK for additional ad-hoc Services such as Roaming Costs within 30 (thirty) days of receipt of an invoice from COMTRACK. The Client agrees such costs reflected on an invoice received from COMTRACK shall be considered a true reflection of the costs incurred by the Client and the Client shall not withhold payment for any reason whatsoever.
5.6. The first Fee and the Purchase Price, if applicable, shall be paid upon installation of the Unit.
5.7. COMTRACK will increase the Fee by 10% each year for years 2 (two) and 3 (three) of the Term, thereafter increases shall be at COMTRACK's discretion and based on the prevailing Consumer Price Index.
5.8. COMTRACK shall provide the Client with written notice of not more than 80 (eighty) days nor less than 40 (forty) days before each annual Fee increase stating the increased amount and the effective date.
5.9. The Client agrees that the proportion of the Fee which relates to foreign currency input costs, may be subject to change at COMTRACK’s discretion, based on the foreign exchange rate at any given time and/or any price changes effected by third party service providers. Accordingly, COMTRACK shall provide the Client with 30 (thirty) days written notice of any such changes in the Fee.
5.10. All amounts outstanding in terms of this Agreement shall bear interest from the due date until payment at the maximum rate permitted by law.
5.11. Where the Fee, by direct or indirect agreement between the Client and the Intermediary, is to be paid to COMTRACK by the Intermediary and the Intermediary fails to pay any Fee, the Client will be responsible to pay such Fee and, for the remainder of the Term, to pay by debit order in terms of clause
5.2 any outstanding Fee due and any future Fee due in terms of this Agreement.
5.12. Fees for other services shall be charged for at prices (VAT inclusive) per the following table subject to escalation from time to time:
5.13. COMTRACK reserves the right to remotely immobilize the installed asset in an event of unpaid fees legally owed by you. This may include the use of starter or fuel cut which is installed with all our tracking units.
5.14. In the event where 5.13 is enforced, a fee to unblock the vehicle from our system will apply. This may include the dispatching of a technician to your vehicle.
5.15. Where we find the tracking unit was tempered with, We reserve the right to refuse your assistance unless the full contract fee is paid , This will include full term, Installation fees and all other fees legally owed to COMTRACK.
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Additional Service Charges
Please refer to the document for updated charges on this link here
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6. Hardware and Warranty
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6.1. The Client will be responsible to use the Unit and the Service in the manner advised by COMTRACK and as reflected in COMTRACK’s Product brochures. The Client shall not, in any way remove, alter or tamper with the Unit.
6.2. Subject to the Client complying with clause 6.1, the Unit and the installation thereof carries a 12 (twelve) month warranty. Any maintenance and/or repairs must be carried out at an Installation Centre.
6.3. All risk of loss and damage in and to the Unit shall, from the date of installation, pass to the Client, but ownership of the Unit shall remain with COMTRACK. If this Agreement is terminated in accordance with clause 3 or clause 9, COMTRACK may at its expense remove the Unit and the Client shall, within 5 (five) days of receipt of any written or verbal request, deliver the Vehicle to an Installation Centre for such removal.
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7. Furnishing of Information
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7.1. The Client confirms the completeness and accuracy of all the information on the Subscriber Application Form or otherwise furnished by or on behalf of the Client to COMTRACK.
7.2. The Client shall immediately, or as soon as is practically possible notify COMTRACK in writing of any changes to the information on the Subscriber Application Form, any material changes relating to the vehicle, including, inter alia, insurance details, or other information furnished to COMTRACK from time to time, by written notice to customercare@comtrack.co.za , which information will be updated within 7 (seven) days of receipt by COMTRACK.
7.3. The Client has selected the address referred to on the Subscriber Application Form as its selected legal address where all communications from COMTRACK and any legally required notices will be delivered for all purposes arising out of this Agreement, provided that the Client shall be entitled to change such legal service address, on written notice to COMTRACK or through the Client Services Portal. COMTRACK will effect such change within 7 (seven) days of receipt by COMTRACK of such notice.
7.4. The Client consents to COMTRACK supplying third party insurers with its personal information, including, but not limited to the Client’s name and contact number, or other information as is reasonably required to obtain a favourable insurance premium on behalf of the Client. The Client may revoke this consent at any time on written request to COMTRACK.
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8. Client’s General Obligation
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8.1. It is the responsibility of the Client to contact the COMTRACK control centre for a Unit test to be carried out . The Client must take all reasonable steps to ensure that the Unit is in proper working order and must immediately or as soon as is practically possible report any Unit faults and/or failures to COMTRACK in order for COMTRACK to provide the Service.
8.2. The Client must ensure that the COMTRACK emergency numbers (+27) 12 884 0211 / +27 64 692 1195 are kept handy and contact COMTRACK as soon as possible after a Loss.
8.3. The Client holds exclusive responsibility, and COMTRACK shall have no liability, for ensuring that the Service complies with all laws regarding the intended use by the Client of the Service herein.
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9. Default
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9.1. If the Client (or the Intermediary on the Client’s behalf), after 7 (seven) days written notice of default, fails to pay any amount due in terms of this Agreement or the Client abuses or misuses the Service, then, for the duration of such default, COMTRACK may suspend all of its obligations in terms of this Agreement. COMTRACK shall be entitled to recover arrear Fees by debiting the Client’s account with the outstanding amount or by any other legal action, and cancel the Agreement, charging a reasonable penalty fee for early cancellation.
9.2. COMTRACK reserves the right to cancel this agreement at any time, on 10 (ten) days’ written notice to the Client.
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10. Disclaimers
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10.1. COMTRACK makes no warranty that the Service will capture all events, that remote access and the GSM network will be continuous or uninterrupted, that the fleet management web-based system will be error-free, or that any specific result or outcome will be achieved by utilising the Service, or that the use of the Service by the Client will comply with all applicable laws.
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11. Warranties and Representations
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11.1. The Client represents and warrants that:
11.1.1. It has the necessary right and authority to enter into this Agreement, is the lawful owner and/or possessor of the Vehicle, and is therefore permitted to allow COMTRACK to provide the Service herein;
11.1.2. In making such disclosure, the Client hereby indemnifies COMTRACK from any claim whatsoever which may arise from any third party/ies against COMTRACK in the event that the Client has misrepresented its right and authority.
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12. Exclusion of Liability
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12.1. In addition to any other indemnities contained in this Agreement, COMTRACK will not be liable for any loss or damage of whatsoever nature caused to the Client in consequence of any act or omission by COMTRACK, notwithstanding any negligence on the part of COMTRACK, provided only that COMTRACK is entitled in law to contract out of such liability. In the event that COMTRACK is, despite the provisions of this clause, found by a court of law with competent jurisdiction to be liable for any loss or damage to the Client, COMTRACK’s liability will be limited to the maximum amount of R25 000.00.
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13. General
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13.1. COMTRACK will make every reasonable effort to carry out its obligations under this Agreement, using commercially reasonable efforts conforming to generally accepted industry standards. Where COMTRACK is directly or indirectly prevented or restricted from carrying out all or any of its obligations under this Agreement by a cause beyond its control, then COMTRACK cannot be held responsible for delay or failure in performance in meeting its obligations.
13.2. By entering into this agreement, the client consents to COMTRACK processing its personal information, usage data, vehicle positioning, driver behaviour, de-identified data and any other such data sent from the Unit installed in the client’s Vehicle.
13.3. In the event that the Client’s Vehicle is fitted with any data transmitting device which is streaming data, the Client, as the owner of the data, hereby appoints COMTRACK as its duly authorised agent to instruct the relevant service provider to also stream the data in real-time to the COMTRACK platform.
13.4. For the duration of this Agreement and at all times after its termination, each Party and its employees and agents agree not to disclose any Confidential Information obtained from the other Party to any other person or entity.
13.5. Any other services or value-added products included in the Client’s package are subject to these terms and conditions, as read together with the terms and conditions of the applicable product. It is the responsibility of the Client to ensure that they familiarise themselves with the relevant terms and conditions from time to time.
13.6. The Client may not alter the terms of this Agreement without the written consent of COMTRACK. COMTRACK reserves the right to amend these Terms and Conditions from time to time. Any new version of the Terms and Conditions will be displayed on the COMTRACK
website (www.comtrack.co.za) 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 the Client’s obligation to visit the COMTRACK website on a regular basis in order to determine whether any amendments have been made and the effective date thereof.
13.7. Where any number of days or other period is given in this Agreement for the carrying out of the Service or obligations, the days will be calculated excluding the first day and including the last day.
13.8. In the event of COMTRACK taking legal action against the Client or the Intermediary for breach of payment under this Agreement, the Client shall be responsible for all costs (on a client and own attorney scale) allowable by the courts if an award is made in COMTRACK’s favour.
13.9. The nature and amount of any indebtedness of the Client to COMTRACK at any time shall be determined and proved by a document signed by a manager of COMTRACK, whose capacity or authority it shall not be necessary to prove. Such certificate shall, upon the mere production thereof, be binding on the Client as prima facie proof that the amount stated therein is due and payable, and will prima facie be valid as a liquid document against the Client in any competent court. If the Client wishes to dispute such certificate or the effects thereof, the burden of proof rests on the Client. Neither Party may cede or delegate the rights or obligations in terms of this Agreement without the prior written consent of the other Party, which consent shall not unreasonably be withheld.
13.10. COMTRACK will attempt to resolve any dispute quickly and efficiently. The Client may direct any complaint to the Consumer Commission. Should the Client not be satisfied with the complaint resolution, the Client may take action in a competent court.
13.11. The laws of the Republic of South Africa will apply to this Agreement and the relevant courts of the Republic of South Africa will have exclusive jurisdiction in relation to the Agreement.
13.12. The Client undertakes to provide COMTRACK with a 30 (thirty) day written notice in the event that the Client no longer wishes to receive correspondence regarding new Products and value-added services.
13.13. The client understands and accepts that a credit check will be done on his/her name
14. Emergency Contact
14.1 In the unfortunate event of your vehicle being stolen or hijacked please urgently contact COMTRACK on the following contact numbers
(+27) 12 884 0211 or send a whatsapp to +27 64 692 1195
14.2 For any other queries please refer to the COMTRACK website, send us an email or use the list of Contact Details provided on the FMC tracking app
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GENERAL ENQUIRIES - CUSTOMER CARE
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14.3 The FMC tracking app is available for download from the Apple App Store and Play Store