MATRIX STANDARD TERMS AND CONDITIONS                                        

These terms and conditions together with the MiX Telematics Notice (collectively, the “Agreement“) will form a written contract between you and MiX Telematics Africa Pty Ltd (“MiX Telematics“, “we“, “us” and “our“) and will govern our relationship with you as the person which enters into this Agreement with MiX Telematics (“you” and “your”) and the use of our Services and Units.

1.        DEFINITIONS                                                                                               

1.1. “Acceptance Date” means the date on which you accepted the Agreement, whether in writing or by way of electronic medium, for example by clicking, “I agree” on our website or via your mobile device, or by telephonic acceptance;

1.2. “Asset” means any vehicle, trailer, other fixed or mobile asset in which a Unit has been installed;

1.3. “Bundled Option” means you do not own the Unit, but you pay to use the Unit and you pay a service fee for the Services for a fixed duration of 36 (thirty-six) months;

1.4. “Business Day” means a Monday to Friday, excludes Saturdays, Sundays and a day which is an official public holiday in the Republic of South Africa;

1.5. “Cash Option” means you pay for the Unit and its installation on the Effective Date and thereafter pay a monthly Service fee;

1.6. “Cash-upfront Option” means you pay for the Unit and its installation as well as a lump sum in lieu of the monthly Service fees on the Effective Date, for provision of the Services for 12 (twelve), 24 (twenty-four) or 36 (thirty-six) months as the case may be;

1.7. “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;

1.8. “Debit Order” means any debit order including, but not limited to, any of the following: authenticated early debit order (AEDO), non-authenticated early debit order (NAEDO) or DebiCheck;

1.9. “Effective Date” means the date on which the Unit is installed in the Asset, and is successfully tested and functioning;

1.10. “Emergency Contact” means the person(s) nominated by you to be contacted in an emergency;

1.11. “Expiry Date” for the Bundled Option means 36 (thirty-six) calendar months after the Effective Date and for the Cash-upfront Option means the selected period after the Effective Date;

1.12. “False Incident” means any incident where it subsequently transpires that the Asset is or was not stolen or hi-jacked and may include, but is not limited to instances where:

1.12.1. you are unable to contact the driver of the Asset, or the location of the driver of the Asset is unknown to you;

1.12.2. the Asset has been impounded or repossessed for any reason;

1.12.3. either MiX Telematics or the Emergency Contact is unable to make contact with you or the driver of the Asset; and/or

1.12.4. any civil dispute exists regarding possession or ownership of the Asset;

1.13. “Fitment Centre” means a fitment centre operating independently of us, but which has been approved by us for the purpose of installing and servicing Units;

1.14. “MiX Telematics Companies” means MiX Telematics Africa Pty Ltd (“MiX Telematics”)(with registration number 2004/019797/07), MiX Telematics Limited (with registration number 1995/013858/06) and all of its subsidiaries;

1.15. “MiX Telematics Notice” means the MiX Telematics Privacy Notice and Informed Consent document which can be found on the website: https://www.matrix.co.za/;

1.16. “Network Provider” means the independent communications network service provider from which we obtain our network services in order to provide the Services to you;

1.17. “Payment Agent” means a third party authorised to collect payment from you on our behalf;

1.18. “Personal Information” shall have the same meaning as defined in POPIA;

1.19. “POPIA” means the Protection of Personal Information Act 4 of 2013 and its regulations as amended from time to time;

1.20. “SAPS” means the South African Police Service;

1.21. “Services” means tracking and/or recovery of the Asset when lost, stolen or hi-jacked and any other ancillary services, if applicable, and does not include reacting to a False Incident;

1.22. “Uncontrolled Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders,rebellions or revolutions in any country or any other cause beyond the reasonable control of MiX Telematics, including the termination or suspension of theservices or products provided by a third party supplier, the Network Provider, no or weak GPS signal, Unit failure and logistical difficulties that may result in a delay or a failure to provide any Services; and

1.23. “Unit” means the Matrix asset tracking unit(s) and associated

2. Commencement, Duration, Cancellation and Suspension

2.1. This Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided inthis You acknowledge that you cannot cancel/terminate either the Unit or the (additional) Services separately. On cancellation of the Agreement for any reason, both the Unit and the (additional) Services will terminate, whether under a Cash or Bundled Option.

2.2. The Service shall commence on the Effective

2.3. Cash Option

2.3.1. Either you or MiX Telematics may terminate this Agreement by giving at least 20 (twenty) Business Days’ written notice.

2.4. Cash-upfront Option

2.4.1. You may terminate this Agreement by giving at least 20 (twenty) Business Days’ written notice, but you will receive no refund should you do so.

2.4.2. You acknowledge that as your Service fee is paid in advance, MiX Telematics may not have collected your account details for payment by debit order if the Agreement continues beyond the Expiry Date. MiX Telematics may terminate this Agreement on the Expiry Date if we are unable to contact you as described in clause 6 to obtain your account details in order to arrange for payment by debit order as set out in clause 5.2.

2.5. Bundled Option

2.5.1. Either you or MiX Telematics may cancel this Agreement either on the Expiry Date or on at least 20 (twenty) Business Days’ written notice at any time prior to the Expiry Date, subject to clause 5.2.

2.5.2. If you cancel the Agreement prior to the Expiry Date or MiX Telematics cancels the Agreement due to you being in breach, you will remain liable for all amounts owing up to the date of cancellation, including but not limited to:

2.5.2.1. the cost of the installation of the Unit as well as the cost of having the Unit removed from the Asset by a Fitment Centre; and

2.5.2.2. all costs of any recovery efforts prior to termination of the Agreement; and

2.5.2.3. if you are a legal entity, the legal entity shall be liable for the sum of the Service fees due up to the Expiry Date; or

2.5.2.4. if you are a natural person, you will be liable for a reasonable cancellation penalty in the first 36 (thirty six) months of the Agreement as follows:

Cancellation period	Cancellation penalty MX1 / Bronze	Cancellation penalty MX2 / Silver	Cancellation penalty MX3 / Gold
Month 1 – 12	R 2 500	R 2 700	R 3 400
Month 13 – 24	R 1 500	R 1 700	R 2 400
Month 25 – 36	R 1 000	R 1 300	R 1 800
The above includes the recovery unit

 2.6. If the Agreement is not cancelled by you or by us prior to or on the Expiry Date, it will automatically continue and constitute a month to month agreement terminable on at least 1 (one) calendar months’ notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 80 (eighty) and not less than 40 (forty) Business Days prior to the Expiry Date of the impendingexpiry date and any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid.

2.7. You are also entitled to cancel this Agreement, in writing, within 7 (seven) days after the Acceptance Date or the Effective Date (whichever is the later), if this Agreement was concluded electronically or as a result of direct marketing, and in such an event, you will remain liable for the direct cost of returning the Unit to MiX Telematics as well as for all costs of any recovery efforts prior to termination of the Agreement.

2.8. We will be entitled to suspend the Service if:

2.8.1. the Network Provider is no longer available or of no practical use;

2.8.2. an event beyond our control makes it impossible to render the Services; and/or

2.8.3. You are in breach of the

2.9. In the event of such suspension, we shall have no obligations whatsoever towards you, for example: to provide Services to you, arising out of this Agreement or otherwise, until such time as we notify you of the termination of such suspension.

2.10. We will be entitled to disable any feature of the Unit, without reducing the Service fee, if you fail to minimise False Incidents associated with that feature.

3.  CUSTOMER’S OBLIGATIONS AND ACKNOWLEDGEMENTS        

3.1. It is your responsibility to make the Asset available at a Fitment Centre to have the Unit installed.

3.2. You must ensure that the Unit is working after installation and repair and test the Unit at least once a month by checking the Unit’s communication status onthe Matrix Smartphone App or by calling our control Do not press the panic button to test the Unit. It is your responsibility to maintain and insure the Unit at your own cost. This includes replacing the backup battery at least every 18 (eighteen) months (if required) and ensuring that the remote control (if applicable) is in working order.

3.3. When your Asset was lost, stolen or hi-jacked but was subsequently recovered, you must, within not more than 24 (twenty-four) hours (or the next Business Day after the 24 (twenty-four) hour period) of recovery of your Asset and at your own cost, take the Asset to a Fitment Centre. Such installation, testing, repair or removed and replacement Unit will, unless clause 3.4 applies, be (i) at the cost of MiX Telematics if under the Bundled Option, or (ii) at your own cost after the first 12 (twelve) months of the Agreement if under the Cash Option.

3.4. If the Unit is malfunctioning due to liquid damage, accident damage, tampering with the Unit, or due to your or any other third party’s negligence,you will be liable for the installation, testing, repair or removal and replacement cost of the Unit, and such payment is payable directly to the Fitment Centre unless agreed otherwise by MiX Telematics.

3.5. If you fail to maintain the Unit as required, and MiX Telematics is not able to recover the Asset after it was stolen, lost or hijacked, then MiX Telematics willnot be able to provide the Services to you and will not be liable to you for the repayment of any Service Fees or for any loss or damage to your Asset however caused.

3.6. You hereby authorise MiX Telematics to track and/or recover the Asset and to disclose such information as we may deem necessary in the circumstances, about you to your Emergency

3.7. MiX Telematics’ recovery teams are armed. Our recovery Services could, therefore, pose a risk and could result in personal injury, death or damage to property, including but not limited to damage to the Asset, or any of the contents of the Asset, whether they are owned by you or by any third party, and which is due directly or indirectly to such damage occurring during the provision of the recovery Service; and including personal injury or death to any occupants in the Asset. You, therefore, indemnify the MiX Telematics Companies, and agree to hold themharmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred during recovery Services.

3.8. You will notify us within 60 (sixty) minutes, by phoning 0800 111 322, after you become aware that an Asset was lost, stolen or hi-jacked, and youwill report the loss of the Asset to the appropriate SAPS within a period of not more than 8 (eight) hours and you will, on our request, provide us with a relevant case number obtained from the SAPS and the location of the SAPS at which you reported the matter.

3.9. You will not raise or cause False

3.10. You acknowledge and agree that the SIM card in the Unit remains the property of MiX Telematics.

3.11. You acknowledge and agree that with a:

3.11.1. Cash Option and Cash-upfront Option, ownership of the Unit passes to you once you pay the purchase price in full; and

3.11.2. Bundled Option, the Unit at all times remains the property of MiX Telematics.

3.12. You acknowledge that MiX Telematics cannot guarantee the condition of the Asset upon recovery and the Asset may be recovered in whole or in MiXTelematics will have fulfilled its Service obligations to you, no matter in what condition the Asset is in if it is located and recovered.4

4. MIX TELEMATICS’ OBLIGATIONS                                                        

4.1. When you, the Emergency Contact or SAPS report the Asset as lost, stolen or hi-jacked to us, we will endeavour to locate and recover the Asset.

4.2. Where we have reason to suspect that a False Incident has been reported (irrespective of whether MiX Telematics has been supplied with a SAPS case number or not) we will be under no obligation whatsoever to deliver the Service to you.

4.3. The Service is only available when the Asset it situated within the Republic of South Africa at the time the Asset is lost, stolen or hi-

4.4. Upon recovery, we will act to secure the Asset and then make it available to the SAPS or any other legitimate authority. You hereby agree and undertake to make yourself available to identify the Asset if requested to do so by the SAPS, and to do so at your own cost which may include, but not belimited to, travel and accommodation required by you. If the Asset needs to be repatriated to South Africa, you will be responsible to do this, and for the costs associated with this if there are any.

4.5. We will not be obliged to supply the Services or replace the Unit or the remote control if you are in breach of this Agreement, including if your monthly fees are in arrears.

5. FEES AND PAYMENT                                                                              

5.1. Billing will commence on the Effective Date. Service fees are payable monthly in advance and will be debited to your account on the selected date(s) for collection.

5.2. To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way ofa direct Debit Order in favour of MiX Telematics (drawn against a bank account nominated by you), or in such other manner as MiX Telematics may from time to time determine. You furthermore agree that:

5.2.1. we will be entitled and authorised to draw all amounts payable in terms of the Agreement from the account specified by you;

5.2.2. the Debit Order authority will commence on the Effective Date and will continue and not be revoked until termination of this Agreement or until allamounts due and owing to us have been fully and finally discharged;

5.2.3. we will be entitled to facilitate collection of amounts owing via the NAEDO system (track your account for sufficient funds);

5.2.4. when your bank sends you an instruction to authenticate the use of the DebiCheck payment system, you acknowledge this mandate. Should this authentication fail we will be entitled to collect the amounts owing via direct debit or the NAEDO system;

5.2.5. should we use an intermediary to collect amounts due to MiX Telematics, you grant consent that your personal information (including name, ID number, account number and any other relevant information necessary) be used in this regard;

5.2.6. the amount may be variable in the event of additional services being provided; and

5.2.7. any payment instruction issued by MiX Telematics shall be treated by your bank as if the instructions had been issued by you personally, and you hereby authorise the bank to debit your account accordingly.

5.3. Should you fail to pay any amount on the due date for payment then we may, without prejudice to any of our other rights and remedies:

5.3.1. collect the arrear amounts via Debit Order, additional to the monthly Service Fee, from your account unless you have an agreed structured repayment plan with MiX Telematics;

5.3.2. take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms;

5.3.3. suspend the Services (including recovery of the Asset) without notice to you until such time as the outstanding amount has been paid in full;

5.3.4. subject to clause 2, terminate this Agreement with immediate effect; or

5.3.5. if the Asset is recovered, we may retain the Asset until you have paid all outstanding fees and/or costs to us.

5.4. In the event of MiX Telematics suspending your Services, we reserve the right to continue to charge you to keep your account activated for the period of suspension.

5.5. We may increase our fees annually, however, we will endeavour to keep our annual escalations below 8% (eight percent).

5.6. Possible additional costs:

5.6.1. We may charge an additional fee per False Incident responded to telephonically by us, which amount may be recovered via your Debit Order.

5.6.2. Should we, in our sole discretion, act on a request from you or the Emergency Contact to recover the Asset, which turns out to be a False Incident, you will be liable for any cost associated with the False Incident, including the cost associated with a recovery, which will be collected via your Debit Order.

5.6.3. Recovery costs will be payable irrespective of whether the recovery was successful or not.

5.6.4. Should any act or omission by you result in excessive charges being levied against MiX Telematics, we will charge you for the actual costs we incurred as a result.

5.7. Collection by Payment Agent, if applicable:

5.7.1. the Payment Agent will collect the Service fees due to us on our behalf;

5.7.2. we will collect the Service fees monthly via Debit Order, and obtain your banking details from the Payment Agent, should:

5.7.2.1. payment from you to the Payment Agent, for any reason, not occur; or

5.7.2.2. payment of the collected Service fee from the Payment Agent to us, for any reason, not occur; or

5.7.2.3. the agreement or relationship between you and the Payment Agent cease to exist, for any reason; or

5.7.2.4. the agreement or relationship between us and the Payment Agent cease to exist, for any reason.

5.8. You agree that, to the fullest extent permitted by law:

5.8.1 we have the right to carry out a credit enquiry with any registered credit bureau;

5.8.2. we have the right to share any Personal Information, credit history, your compliance with this Agreement or other details with any registered credit bureau, with the South African Credit and Risk Reporting Association (SACRRA), and/or any organisation representing a credit bureau; and

5.8.3. the credit bureau as well as the credit provider that obtains your Personal Information from the credit bureau has the right to share your details for any purpose allowed by the National Credit Act 34 of 2005.

6. SERVICE DELIVERY, SERVICE AVAILABILITY AND WARRANTIES

6.1. We will use reasonable endeavours to make the Services available to you and to maintain the availability thereof. However, we provide theServices “as is” and “as available” and do not warrant or guarantee that the Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements, subject always to the provisions of the CPA, where applicable.

6.2. There may be instances where an Asset cannot be recovered due to, amongst others, a non-communicating Unit. You agree that we will not be liable if the Asset is not recovered.

6.3. The Unit’s functioning, and as a result, the Services, are dependent on the Network Provider and its availability. You acknowledge that the Unitmight not be communicating at all times and that the Services might as a result not be available for certain undeterminable periods of time within certain undeterminable This is beyond our control and we will not be liable for any loss or damage arising as a result thereof, subject at all times to the provisions of the CPA.

6.4. Cash Option Warranty: During the first 12 (twelve) months from the Effective Date, if after inspection of the Unit by a Fitment Centre or us, such Unit is found, in our sole discretion, to be defective, we will repair or replace the Unit free of charge. You have an option to purchase an Extended Warranty.

6.5. Bundled Option Warranty: During the fixed term period of 36 months (or until the Agreement is terminated, if terminated prior to the Expiry Date), if afterinspection of the Unit by a Fitment Centre or us, such Unit is found, in our sole discretion, to be defective, we will repair or replace the Unit free of charge.

6.6. There is no warranty in the case of liquid damage, accident damage, tampering with the Unit or your or any other third party’s negligence. Repairs are payable directly to the Fitment Centre unless agreed otherwise by MiX Telematics.

7. PERSONAL INFORMATION                                                                    

Any words in italics that are not defined in the definition section of this document are defined in the MiX Telematics Notice.

7.1. For purposes of this clause 7, any reference to “you” and “your” Personal Information, details or other information shall include reference to that of an Emergency Contact or that of a person or juristic (legal) entity who you claim to represent.

7.2. The MiX Telematics Notice forms part of this Agreement and it governs the way in which we use and share Personal Information, details and/or other information we obtain.

7.3. You warrant that you have read the MiX Telematics Notice, that you understand it and agree to it. In accordance with, and by agreeing to the MiX Telematics Notice, you accept that you are giving up some rights to privacy and giving us the rights to use Personal Information. You do not have the right to take action against us for any loss or damages suffered from us processing the Personal Information in accordance with this Agreement and/or the MiX Telematics Notice.

7.4. You warrant that you are properly authorised and allowed to give us your Personal Information, and, if you enter into this Agreement on behalf of another person or juristic (legal) entity, you warrant that you are properly authorised and allowed to give us consent to process the Personal Information, details and/or other information we obtain, in accordance with this Agreement and the MiX Telematics Notice. This includes the consent of the Emergency Contact, the owner and/or driver of the Asset.

7.5. You warrant that as at the Acceptance Date, all the Personal Information, details and/or other information furnished by you to us are true and correct and that you will notify us in the event of any change to such details. In the case of a change to the Personal Information, you will notify us of such change within 24 (twenty-four) hours of the change or you becoming aware of the change. Details can be changed by:

7.5.1. sending an email to customercare@mixtelematics.com; or

7.5.2. calling 011 654 8090

7.6. You further warrant that you have informed all people or entities who have the right to be informed (including the Emergency Contact, owner and/or driver/s of the Asset) about:

7.6.1. the installation of the Unit in the Asset;

7.6.2. your agreement with us for the provision of the Services; and

7.6.3. your confirmation that we may process the Personal Information, details and/or other information we obtain, in accordance with this Agreement and the MiX Telematics

7.7. By giving the warranties in this clause 7, you accept that we may have claims against you for loss or damages that we suffer if you do not have authority to give us the Personal Information, and a third party brings a claim against us because we processed the Personal Information.

7.8. The Unit’s communications may include location information of the Asset(s) or Personal Information such as the speed, geolocation, harsh braking and harsh acceleration. MiX Telematics will use information communicated by the Unit in accordance with this Agreement and the MiX Telematics Notice.

8. INDEMNITY                                                                                                 

8.1. You hereby unconditionally and irrevocably indemnify the MiX Telematics Companies, and agree to indemnify and hold them harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by MiX Telematics Companies as a result of any claim instituted against MiX Telematics Companies by a third party (other than you) as a result of (without limitation):

8.1.1. your use of our Services or the Unit other than as allowed or prescribed in the Agreement;

8.1.2. any other cause whatsoever relating to the Agreement or the provision of Services or the Unit to you where you have acted wrongfully or failedto act when you had a duty to so act.

9. LIMITATION OF LIABILITY                                                                      

9.1. Without limiting the generality of the provisions of clause 2, MiX Telematics shall not be liable for and you will have no claim of whatsoever nature against us as a result of –

9.1.1. you not reacting to a notification sent by us; or

9.1.2. a notification not reaching you if you are unavailable to receive the notification from us that was in fact sent to you, for example, where a device you use to receive notifications is not functioning or is disabled, disconnected or faulty or you did not advise us of a change in your contact details; or

9.1.3. interruption in the Services due to an Uncontrolled Event;

9.1.4. inability to recover an Asset;

9.1.5. any misrepresentation, act or omission by any third party;

9.1.6. any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the Service/s for any reasoncontemplated in the

9.2. In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, we shall not be liable to you for any direct damages howsoever arising and neither MiX Telematics nor you shall be liable to eachother or to any third party for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that we are liable to you for any damages, our liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for the Services during the immediately preceding 12 (twelve) monthperiod in respect of the Services which gave rise to the liability in question.

10. BREACH                                                                                                      

10.1. Should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that we may have and to theextent required or permitted, as the case may be, by law, to forthwith:

10.1.1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question;

10.1.2. suspend your Services;

10.1.3. cancel all agreements concluded between us; or

10.1.4 claim immediate performance and/or payment of all your obligations in terms hereof.

10.2. Should we suspend, disconnect or terminate your Services, we will only reconnect your Services if all your Service fees are paid up to date. We will also be entitled to charge you a fee for reconnecting your Services.

11. COMMUNICATION, COMPLAINTS HANDLING AND DISPUTE RESOLUTION

11.1. You agree that we may from time to time send you communications regarding (without being limited to) special offers or discounts which we may negotiate for and offer to our customers and/or new services or products launched. All communications will abide by the MiX Telematics Notice and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive promotional or marketing-related communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such

11.2. From time-to-time, we need to send you important information regarding the Service. You agree to electronic communication from us, for example through SMS, WhatsApp, email and/or telephone in order for us to provide the Services to you. You cannot opt-out of any Service communications contemplated in this clause.

11.3. Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause.

11.4. Any payment default by you arising from, or in connection with, any Services rendered or provided by us, will be excluded from the provisions of thisclause, and we will be entitled to proceed to institute legal action against you.

11.5. Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve acomplaint before you approach any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 9 below.

11.6. Please direct all complaints to customercare@mixtelematics.com. Your complaint should include the following:

11.6.1. your name and surname;

11.6.2. your account number;

11.6.3. the date on which the complaint arose; and

11.6.4. a brief description of what gave rise to the

11.7. In the event of a billing complaint you should also include the following:

11.7.1. a copy of the bill concerned or the particulars thereof, g. account number;

11.7.2. the reason for the dispute;

11.7.3. the amount in dispute; and

11.7.4. supporting information or documentation, if

11.8. You may approach any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 9 below, forresolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.

11.9. Any dispute between MiX Telematics and you may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg and conducted in the English language before one arbitrator appointed in accordance with the said rules. 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 MiX Telematics or you notify the other of us in writing to that effect.

11.10. The arbitrator shall have the power to give default judgement if either of MiX Telematics or you fail to make submissions on due date and/or fails to appear at the arbitration.

11.11. The provisions set out above shall not prevent either of MiX Telematics or you from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

12. INTELLECTUAL PROPERTY RIGHTS                                                  

12.1. Except for third party intellectual property that we have licenses for, we 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 the Services, the Unit or any software used by us, our network infrastructure, e-commerce network infrastructure, business and the provision of any of the Services.

13. GENERAL                                                                                                   

13.1. Notwithstanding clause 11 above, 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 us arising out of this Agreement, provided that we shall be entitled, in our reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as MiX Telematics and you have agreed to follow the arbitration process set out in clause 11

13.2. We reserve 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.

13.3. MiX Telematics and you hereby acknowledge and agree that this Agreement constitutes the whole of the agreement between us 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 MiX Telematics and/or you.

13.4. You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.

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

13.6. The physical address where we will receive legal service of documents is the following:

Physical address: Matrix Corner, Howick Close, Waterfall Park, Midrand, 1685, for the attention of the Managing Director.

13.7. We will send any notice or legal process relating to the Agreement to theaddress you provided when you entered into the Agreement with us, as amended by you from time to time.

13.8. If the whole or any part of a provision of this Agreement is void or voidable either by you or by MiX Telematics or unenforceable or illegal, the whole orthat part (as the case may be) of that provision, will be severed, and theremainder of the Agreement will have full force and effect, provided such severance does not alter the nature of the Agreement between youand MiX

13.9. This Agreement is governed by the laws of the Republic of South

14. MORE ABOUT US                                                                                     

14.1. MiX Telematics Africa Proprietary Limited, is a private company incorporated in accordance with the companies’ laws of the Republic of South Africa, with registration number 2004/019797/07.

14.2. MiX Telematics is a member of the Private Security Industry Regulatory Authority (PSIRA) whose details can be found at https://www.psira.co.zaand the Motor Vehicle Security Association of South Africa (VESA) whosedetails can be found at https://www.vesa.co.za.

14.3. A list of office bearers can be found at mixtelematics.com

14.4. Our physical address is Matrix Corner, Howick Close, Waterfall Park,Midrand, 1685 and you can contact us by sending an email to customercare@mixtelematics.com. Our phone numbers are: Tel no: (011) 654-8000 / (011) 654-8090.

14.5. Our website address is https://www.matrix.co.za/

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