SERVISOR (PTY) LIMITED
TERMS AND CONDITIONS AGREEMENT
PLEASE READ OUR TERMS AND CONDITIONS BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS LISTED HEREIN.THIS DOCUMENT MUST BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.SERVISOR.CO.ZA
1. KEY DEFINITIONS
1.1. In this document, unless the context clearly indicates otherwise, the following words and expressions have the following meanings:
1.1.1. “Additions” means additional work quoted for, once the initial quote has been dispatched;
1.1.2. “Agreement” means this document which incorporates the terms and conditions of engaging with the Company together with any annexures hereto;
1.1.3. “Confidential Information” means all information disclosed by either Party that may reasonably be regarded as confidential being information not in the public domain whether such information is oral or written, recorded or stored by electronic magnetic, electro-magnetic or other form or process, or otherwise in a machine readable form, translated from the original form, recompiled, made into a compilation, wholly or partially copied, modified, updated or otherwise altered, originated or obtained by, or coming into the possession, custody, control or knowledge of the other Party whether alone or jointly, including but without being limited to :-technical data, research and development information;, and any other materials of whatsoever nature and whatsoever description and which the Party has an interest in being kept confidential;
1.1.4. “Consent” whether expressed orally or in writing, or implied from the conduct of the consenting party, refers to a voluntary act, practice or purpose of which a consenting party has knowledge.
1.1.5. “Data Subject” means the person to whom Personal Information relates;
1.1.6. “Day(s)” means any weekday excluding Saturday, Sundays and South African public holidays and shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or a public holiday;
1.1.7. “Minor" refers to a person under the age of 18 (Eighteen) and/or a person who is unable to appreciate the contents of this Agreement;
1.1.8. “OEM” means Original Equipment Manufacturer;
1.1.9. “Our", "us", "we" or "company" refers to Servisor (Pty) Ltd ("Servisor");
1.1.10. “Order(s)/(ed)” means any written request by the Customer to the Company for any Services;
1.1.11. “Person” means a natural or juristic person;
1.1.12. “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to:-
1.1.12.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.1.12.2. information relating to the education or the medical, financial, criminal or employment history of the person;
1.1.12.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.1.12.4. the biometric information of the person;
1.1.12.5. the personal opinions, views or preferences of the person;
1.1.12.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.1.12.7. the views of opinions of another individual about the person; and
1.1.12.8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
1.1.13. “POPIA” means Protection of Personal Information Act 4 of 2013, as amended from time to time;
1.1.14. “Services” means the hosting of an online benchmarking, search and booking portal, with its primary focus on the motor vehicle servicing and repairs industry, through Servisor’s approved franchised motor vehicle dealers, motor vehicle service centres and independent motor vehicle workshops;
1.1.15. “Service Schedules” means ordinary interval motor vehicle schedules;
1.1.16. “Suppliers” means franchised motor vehicle dealers, motor vehicle service centres and independent motor vehicle workshops approved by Servisor;
1.1.17. “Website” means www.Servisor.co.za;
1.1.18. “You” refers to all prospective, present and past Servisor stakeholders to which this Agreement applies, including, but not limited to: -
1.1.18.1. visitors/users of our website at www.Servisor.co.za;
1.1.18.2. employees (including permanent, temporary or contract employees);
1.1.18.3. clients/customers or prospective clients/customers;
1.1.18.4. third parties; and
1.1.18.5. investors.
2. SERVICES
2.1. Servisor renders the service of hosting an online benchmarking, search and booking portal, with its primary focus on the motor vehicle servicing and repairs industry. Servisor does not personally attend to the servicing and/or repairs of the Vehicle. Servisor outsources reliable Suppliers to attend to the servicing and/or repairs of your vehicle.
2.2. Servisor shall provide a written electronic quotation to the Customer on request, specifying the price of a prospective Order according to the information provided by the Customer.
2.3. Any quotation given by us shall not constitute an offer, and any and all quotes remain valid for 7 (Seven) Days from the date of issue of the quote.
3. CALCULATION OF COSTS
3.1. Costs for ordinary motor vehicle services are calculated as accurately as possible, using the information provided by you, parts pricing per service schedule and labour as per the area in which the service will take place.
3.2. Servisor will not be held liable for an incorrect quote or service provided due to the negligence of the information provided to it by the Customer.
3.3. You are required to provide us with the following information:
3.3.1. vehicle make, model, year, variant, odometer reading and registration number; and
3.3.2. preferred location of service; and
3.3.3. status of your vehicle’s service or maintenance plan.
3.4. Service Schedule requirements are gathered where available, such information is normally found from the OEM.
3.5. In the absence of OEM data, Service Schedules are provided by third-party data collection agencies.
3.6. Labour costs are calculated as per the area in which the service will be conducted. Labour costs are provided by third-party research market intelligence agencies in combination with the labour rate inputted by our Supplier.
4. PRICE
4.1. Subject to clause 3 above, the price of Services provided shall be in accordance with the quoted price at the time of the Order, alternatively the Company’s standard prices as listed from time to time.
4.2. All prices are inclusive of Value-Added Tax (“VAT”).
4.3. Subject to clause 4.4 below, the Company shall be entitled to increase the prices of the Services by giving notice to the Customer:
4.3.1. following any changes in the Services Ordered at the request of the Customer and agreed to by the Supplier, or to cover any extra expense as a result of the Customer’s instructions, or failure by the Customer at any time to give adequate or accurate information or instructions; or
4.3.2. if the Company considers an increase in price to be reasonably justified by any increase in the price of materials or the cost of labour or the cost of complying with any legal requirements or any other overheads, relating to the provision of the Services in completion of the Order.
4.4. All amounts owing by the Customer to Servisor shall be payable by the Customer in accordance with clause 5 below.
4.5. If the Company discovers a mistake in the price of the Services to the Customer, the Company shall give the Customer the option of either reconfirming the Order at the correct price or cancelling the Order. If the Company is unable to contact the Customer or receives no reply from the Customer, the Company will cancel the Order. If the Order is cancelled and the Customer has already paid for the Services, the Customer will receive a full refund within 7 (Seven) Days of written notification of cancellation being received by the Company.
5. PAYMENT
5.1. Our Suppliers shall not provide any Services to the Customer until payment has been received up front in full for the Services.
5.2. All payments to the Company shall be paid promptly without deferment, free of exchange and without any deduction or set-off of whatsoever nature.
5.3. The Customer acknowledges that:
5.3.1. all payments made to the Company shall only be deemed to have been received by the Company when payment is actually received by the Company and all risk in and relating to such payments shall lie with the Customer until date of receipt by the Company;
5.3.2. payments made directly into the Company’s bank account shall be at the Customer’s risk until confirmed as cleared funds by the Company’s bankers; and
5.3.3. unless otherwise specifically directed in writing by an authorised representative of the Company, no third party is authorised to accept any payment due by the Customer on behalf of the Company.
6. HOW TO MAKE A BOOKING
6.1. In order to make a booking for your motor vehicle to be repaired or serviced, you must:
6.1.1. be over the age of 18 (Eighteen) years old;
6.1.2. be able to understand the content of this Agreement; and
6.1.3. consent to the terms laid out in our policies and this Agreement; and
6.1.4. accurately provide us with your personal information as well as any further information regarding your vehicle, when requested to do so; and
6.1.5. select your preferred Supplier; and
6.1.6. accept the quote provided.
6.2. Please take note that all our policies can be found on our Website. It is your duty and responsibility to read and understand the content thereof.
6.3. When making a booking through Servisor, our Suppliers have automatically agreed to provide the requested service at the date and price agreed upon.
6.4. Once payment has been completed, as per clause 5, we will confirm the booking with you in writing, along with the Supplier's details.
6.5. Should you wish to alter the date on which the booking was confirmed, you may directly contact the Supplier. The quoted price will remain despite a change in the date upon which the service will be conducted.
7. ADDITIONS
7.1. All additional quoted work or services from the Supplier fall outside of the vehicle’s recommended service schedule, and do not form part of the original quote with us. You are not legally bound to accept the quote pertaining to the Additions.
7.2. Should you accept the quote pertaining to the Additions from the Supplier, it shall not be interpreted that Servisor are a party to the quote pertaining to the Additions.
7.3. All work outlined in the original quote will be completed by the Supplier, irrespective of the quoted Additions being accepted or declined.
7.4. Should you accept the Additions’ quote, you agree that you have entered into an agreement with the Supplier. All payments pertaining to the mentioned quote shall be made directly to the Supplier and, in addition, you have agreed to the terms and conditions pertaining to the Supplier.
7.5. Additions can be loaded into your Servisor profile to receive the same labour rates and parts pricing, alternatively, you can use Servisor to find a new price or Supplier.
7.6. Servisor gives no guarantee on the original labour rate and parts pricing for any quoted or accepted Additions.
8. SERVICE AND CANCELLATION FEES
8.1. You may cancel your booking 24 (Twenty-Four) hours before the scheduled service. Should you fail to do so within the mentioned time, we are entitled to retain 50% (Fifty Percent) of the amount paid for the service.
8.2. If you cancel your booking within the time frame mentioned in clause 8.1 and cannot reschedule your booking, we will refund your payment less a cancellation fee of R50 (Fifty Rand).
8.3. All refunds will be transferred by original means of payment used.
8.4. Servisor charges a service fee to cover the costs incurred in your booking. We reserve the right to charge an additional service fee for any additional services rendered.
8.5. Service fees vary depending on the complexity and value of the booking. Services fees will be clearly displayed on confirmation of booking.
9. PROTECTION OF PERSONAL INFORMATION
9.1. Please refer to our Privacy Policy for information about how we collect, store, use and disclose information about You.
10. INDEMNIFICATION AND WARRANTIES
10.1. Under no circumstances shall we be liable towards you or any other person for any loss of any nature whatsoever and howsoever arising, including, but not limited to, special, indirect or consequential damages.
10.2. The Customer indemnifies the Company and holds it harmless from any and all claims, demands, liabilities, suits, losses, costs or expenses (including attorneys’ fees on an attorney-own client scale) of any kind arising from the rendering of the Service. This provision shall survive the termination of this Agreement.
10.3. We merely facilitate the booking of the Service and do not provide any vehicle service or repairs and, for this reason, we cannot be held liable for any service delivered or the failure thereof by the Supplier.
10.4. The contract for performance and quality of work is between you, the Customer, and the Supplier.
10.5. Servisor is not liable as to the nature or suitability of the service or repairs provided by a Supplier to you. You permit the Supplier to use, operate, repair, service or otherwise take possession of your vehicle, and release and indemnify Servisor against any loss or liability Servisor may suffer or incur of any description whatsoever arising as a result of negligence, or the acts or omissions of the Supplier.
11. FORCE MAJEURE
11.1. The Company shall not be liable to You for the delay or failure to perform the Service caused by an event or occurrence of force majeure.
11.2. Should any Party to this Agreement (hereinafter referred to as the “Invoking Party") be prevented from fulfilling any of its obligations in terms of this Agreement as a result of any act of God including inter alia, war, fire, flood, hostilities, lock downs; legislation, insurrection, an outbreak of a pandemic disease, quarantine, sanctions, acts of terrorism, trade embargo, restraints of rulers or people, strike, labour disturbances, or any law, proclamation, regulation or ordinance, demand or acts or requirement of any government having or claiming to have jurisdiction over the subject matter of this Agreement or the Parties, explosion or any economic or other cause beyond the reasonable control of such Party (any such event hereinafter called "Force Majeure") then:
11.2.1. the Invoking Party will forthwith give written notice thereof to the other Party specifying:-
11.2.1.1. the cause and anticipated duration of the Force Majeure; and
11.2.1.2. promptly upon termination of the Force Majeure, stating that such Force Majeure has terminated.
11.2.2. performance of any such obligations will be suspended from the date on which notice is given of a Force Majeure event until the date on which notice is given of termination of a Force Majeure event (hereinafter referred to as the "Suspension Period") subject always to the remaining provisions of this clause.
11.2.3. the Invoking Party will not be liable for any delay or failure in the performance of any obligation hereunder, or loss or damage due to, or resulting from, the Force Majeure during the Suspension Period provided that:-
11.2.3.1. the Invoking Party uses and continues to use its best efforts to perform such obligation;
11.2.3.2. if the Force Majeure shall continue for more than 30 (Thirty) consecutive Days, the other Party will be entitled to cancel this Agreement on the expiry of such period, but will not be entitled to claim damages against the Invoking Party as a result of the delay or failure in the performance of any obligations hereunder due to, or resulting from, the Force Majeure; and
11.2.3.3. the Party not invoking Force Majeure will be entitled to elect, by giving written notice within 10 (Ten) Days of termination thereof, as to whether or not it requires the Invoking Party to perform any obligations incurred prior to Force Majeure.
12. DOMICILIUM
12.1. The Customer and the Company choose its address and contact numbers as per the information provided on the customer information page on our website as its domicilium citandi et executandi for all purposes including the Service of any legal process, the giving of any notice, the payment of any sum and for any other purpose arising from this Agreement.
12.2. Any notice of other communication to be given to any of the Parties shall be valid and effective only if it is given in writing. It shall be considered adequate to give notice by email.
12.3. A Party may, at any time, change that Party's domicilium by notice in writing, provided that the new domicilium is within the Republic of South Africa and consists of, or includes, a physical address at which process can be served, and provided that the change shall become effective on the 7th (Seventh) business day from the deemed receipt of the notice by the other Party.
12.4. Any notice given in connection with this Agreement shall:
12.4.1. be delivered by hand; or
12.4.2. be sent by prepaid registered post; or
12.4.3. be sent by email to the domicilium chosen by the Party concerned.
12.5. Any notice:
12.5.1. sent by prepaid post in a correctly addressed envelope to the other Party’s domicilium shall be deemed to have been received on the 15th (Fifteenth) business day after posting, unless the contrary is proved; or
12.5.2. delivered by hand to a responsible person during ordinary business hours at the other Party’s domicilium, shall be deemed to have been received (unless the contrary is proved) on the day of delivery;
12.5.3. sent by email to the other Party’s chosen email address, shall be deemed to have been received (unless the contrary is proved) on the date of dispatch, within 24 (Twenty-Four) hours of transmission if it is transmitted during normal business hours of the receiving Party or within 24 (Twenty-Four) hours of the beginning of the next business day at the destination after it is transmitted, if it is transmitted outside the business hours.
12.6. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by either Party shall be an adequate written notice or communication to the other Party, notwithstanding that it was not sent to or delivered at the last-mentioned Party’s chosen domicilium.
13. LICENCE TO USE WEBSITE
13.1. By clicking “Next” on the customer information page, prior to any conclusion of any transaction on the Website, You, agree to the Agreement. All contents of the Website are owned by Servisor. All rights in and to any copyright or registered or unregistered trademarks of Servisor remain strictly reserved. All intellectual property rights vest in Servisor. None of the content or data found on the Website may be reproduced, sold, transferred, or modified without the written permission of Servisor.
13.2. Servisor may terminate your licence to use this Website at any time for any reason at Servisor’s sole discretion. Servisor also reserves the right to terminate, without any liability to You, any confirmed Booking request at any time, without giving reasons.
14. GENERAL
14.1. The Parties consent to the non-exclusive jurisdiction of the Magistrate's Court of South Africa of competent jurisdiction for any proceedings arising out of or in connection with this Agreement.
14.2. If any provision or part of a provision of this Agreement is rendered void, illegal or unenforceable in any respect, such provision shall be severable and the validity, legality and enforceability of the remaining provisions of this Agreement shall remain in full force and effect.
14.3. No indulgence, leniency or extension of time which any Party may grant or show to any other Party, shall in any way prejudice such Parties rights in terms of this Agreement.
14.4. No act or omission of the Company will be construed as a variation or waiver of any part of this Agreement.
14.5. The Customer shall be liable for any and all legal costs incurred by the Company including, but not limited to, collection commission and fees and disbursements (including attorney own client costs) in respect to any claims that the Company may have against the Customer or in the case of any unsuccessful claims by the Customer against the Company.
14.6. The Company shall be free to cede, assign or sub-contract all or any of its rights or obligations under this Agreement (in whole or in part) to any other party without the consent of the Customer.
14.7. This Agreement shall be governed and determined in accordance with the laws of the Republic of South Africa.
