SIMWORX TERMS AND CONDITIONS

SIM WORX (Pty) Ltd (registration # 2021/ 616210 / 07), hereafter referred to as ‘SIMWorx’, will endeavour to ensure that all information on this website is accurate and complete.

However, SIMWorx makes no representations or warranties of any kind; express or implied, as to the operation of this site, the information, content, materials, products, services or support included on this site. SIMWorx accepts no responsibility for any losses of any kind suffered as a result of reliance on the website.

You hereafter referred to as ‘The Client’ expressly agree that you use this site solely at your own risk.

SIMWorx cannot be held liable for any inconvenience or damage caused by non-delivery or untimely delivery of requested or downloaded items.

SIMWorx does not collect any information about website users through the ordinary browsing of our website.

1. INTERPRETATION AND DEFINITIONS:
   1. Unless inconsistent with the context, an expression which denotes:
   2. any gender includes the other genders
   3. a natural person include created entities (incorporated or unincorporated) and vice versa;
   4. the singular includes the plural and vice versa.
   5. any reference to an enactment is to that enactment as at the Date of Signature and as amended or re-enacted from time to time
   6. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision in the body of this Agreement, notwithstanding that it is only in the definition clause
   7. when any number of Business Days is prescribed in this Agreement, that number of Business Days shall be reckoned exclusively of the first Business Day and inclusively of the last Business Day:
   8. when any number of days is prescribed, and it is not specified whether those days are Business Days or calendar days, they shall be deemed to be calendar days;
   9. when any number of calendar days is prescribed in this Agreement, that number of days shall be reckoned exclusively of the first and inclusively of the last day;
   10. expressions or words defined in this Agreement shall bear the same meaning in the annexures to this Agreement which do not themselves contain definitions.
   11. The headings in this Agreement have been inserted for convenience only and shall not be used for nor assist or affect its interpretation.
   12. Words and expressions defined in any clause shall, for the purposes of the clause, bear the meaning assigned to such words and expressions in that clause.
   13. In this Agreement, unless a contrary intention clearly appears, the following terms shall bear the meanings assigned to them and cognate expressions shall have corresponding meanings –
   14. "Agreement" means the agreement set out in this document, together with the Services Annexures appended to this Agreement and any amendments to the Services Annexures which are in writing and signed by the Parties (save in those cases where amendments may be made by way of notice);
   15. "Applicable Law" means all law, as amended from time to time and applicable in the Republic of South Africa;
   16. “Business Day” means any day other than a Saturday, Sunday or any official public holiday in the Republic of South Africa;
   17. "Data Protection Laws" means any and all laws relating to the protection of data or of Personal Information relevant to a Party (including the POPI Act) and shall include the protection of Personal Information principles agreed to in this Agreement;
   18. "Date of Signature" means the date upon which this Agreement is signed by the Party doing so last;
   19. "Effective Date" means the date specified as the Effective Date in the Services Annexures as pertaining to the applicable service, notwithstanding the date of signature of the Agreement;
   20. "Good Industry Practice" means, in relation to an obligation, undertaking, activity or a service, the exercise of the degree of skill, speed, care, diligence, judgment, prudence and foresight and the use of practices, controls, systems, technologies and processes, which would be expected from a service provider performing the same or similar obligation, undertaking, activity or service and utilising and applying skilled resources with the requisite level of expertise;
   21. "Initial Period" means the period specified as the Initial Period in the Service Annexure for each of the types of Service that is rendered in terms of this Agreement;
   22. "Intellectual Property Rights" means all patents, trademarks, service marks, designs, design rights, copyright (including all copyright in any designs and computer software) source codes, inventions, trade secrets, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration and all applications and rights to apply for protection of any of the same;
   23. "Parties" means SIM Worx and you ‘The Client’;
   24. "Party” means any one of the Parties as the context may indicate;
   25. "Service Charges" means the Service Charges due by The Client to SIM Worx as indicated in the Services Annexures;
   26. "Services" means the services stipulated and described in detail in the relevant Service Annexures;
   27. “Service Annexure” means the schedule appended to this Agreement;
   28. “Working Hours” means from 08:00 to 17:00 on Business Days.
2. FEES:

   SIMWorx charges a monthly management fee:

   • Vodacom & Telkom SIM Cards : R 4.99 (Inc VAT) per SIM / per month

   • MTN SIM Cards : R9.99 (Inc VAT) per Sim / per month

   The management fee does not include any allocation of airtime or data to a SIM. The management fee will be deducted from the Customer’s account on the 1st day of each calendar month. The management fee stays the same for the month irrespective of the date on which it was loaded on the SIMWorx Management System.

   Airtime, data and SMS bundle charges may be changed from time to time by the network operators. SIMWorx may adjust the pricing for these accordingly, and without notice.

   Tax Invoices are available after month-end for the previous month, and reflects all account transactions within that calendar month.

3. SERVICES:
   1. SIM Card Management: SIMWorx will monitor SIM Cards and Sim Card balances when available from the specified network provider on the clients behalf. Balance services intervals may change without notification. By loading SIM Cards on the SIM Worx Management portal the client gives SIM Worx permission to access the SIM cards related information where supplied by the specific network provider or other operators.
   2. Recharges and Reloads: All recharges are billed against the clients pre-loaded wallet (Client account). Airtime and data rates are subject to adjustment by the networks from time to time and without prior notification. Networks may from time to time change their conditions of service or airtime, bundle and SMS charges without notice. SIMWorx will endeavour to reload and recharge SIM cards according to client predefined rules and configured balance limits set within the SIMWorx Management portal.
   3. Notification Service: SIMWorx will endeavour to notify the client of low account balances, daily recharges and change in network services.
   4. RICA: It is the clients responsibility to register any SIM cards purchased or received from SIM Worx incompliance with RICA (Regulation of Interception Communication Act). It remains the clients responsibility to comply with all RICA legislation.
4. SERVICE EXCLUSIONS
   1. SIM Worx will not be responsible for, or be held liable in any way whatsoever, for -
      1. any failure to provide the Services which is directly or indirectly attributable to –
         1. non-availability, incorrectness and inaccuracy of information or instructions received from ‘The Client’;
      2. any non-compliance with legislation or regulation, including without limitation, to which The Client may be subject.
   2. The Client hereby indemnifies and holds harmless SIM Worx, its officers, directors, shareholders, employees, agents and representatives, and the successors, heirs and assigns of the afore going, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses (including but not limited to attorney's fees on an attorney and own client scale) arising out of or in connection with –
      1. fraudulent and/or unlawful actions, which may occur at the instance of The Client and/or the employees or agents of The Client.
5. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
   1. Subject to the specific limits of liability set out in this Agreement, nothing else mentioned in this Agreement shall be deemed or construed as limiting or excluding a Party's liability in respect of:
   2. death or personal injury arising as a result of that Party's negligence, or that of its staff acting in the course of their employment and the provision or use of the Services; or
   3. fraud or theft by the Party or its staff acting in the course of their employment and the provision or use of the Services; or
   4. any breach by that Party of its obligations under this Agreement in respect of clause 12 (confidentiality); or
   5. the indemnity contained in clause 22 (intellectual property rights indemnity).
   6. Sim Worx will not be held liable in the event that any of The Clients data would become corrupted and requires fixing/manipulation in order to recover damage databases, but can assist in the resolutions thereof (Recovery of corrupted databases) on the request of The Client.
6. PRIVACY
   1. The Parties acknowledge that in the course of the services undertaken, their personnel may have access to and sight of personal information relating to persons whose personal information has been gathered by the other Party.
   2. The Parties further acknowledge that they are aware that this information is regarded as strictly confidential to the other and the person to whom it relates, that the information is, or may become subject, to any Data Protection Legislation and that the improper disclosure of such information may render the other Party liable to criminal or civil proceedings.
   3. The Parties undertake to ensure that only their personnel, representatives or agents who need to have access to Personal Information, are given such access and that they are aware of their obligation not to disclose such Personal Information to a third party.
   4. The Parties agree that in the event of a breach of the obligations established in this clause 13 due to the wilful default or negligence of the Party in breach, its personnel, agents and representatives shall indemnify the other against all direct damages suffered by the other Party as a result of such breach.
   5. The provisions of this clause 13 shall survive the termination of this Agreement.
7. TERMINATION AND CENCELLATION
   1. SIMWorx may terminate The Client Access to the SIM Worx Management system and related services at any time without explanation. SIM Worx will endeavour to provide a timely explanation.
   2. Under no circumstances, including termination or cancellation of our Service to The Client, will SIM Worx be liable for any losses related to actions of The Client, the Clients employees or any other Users.
   3. SIM Worx may terminate The Clients service should there not be adequate funds in The Clients SIM Purse (Client Account) within 21 (Twenty One) calendar days. SIM Worx may give 21 (Twenty One) calendar days’ notice to the customer with regards to terminating their service for any other reason.
8. ADDRESSES AND NOTICES
   1. For the purposes of this Agreement, including the giving of notices and the serving oflegal process, the Parties choose the following contact details:
   2. Sim Worx:
      1. Address: 16 Baker Street, Rosebank, Johannesburg, South Africa
      2. Email: info@simworx.co.za
9. INTELLECTUAL PROPERTY RIGHTS
   1. All Intellectual Property Rights vesting in a Party as at the Effective Date shall remain vested in such Party.
   2. The Client Acknowledges that the software developed by SIM Worx and all Intellectual Property Rights in respect thereof, all rights in any copy, translation, adaptation, derivation, modification, improvement or further development of the software, belong exclusively to SIM Worx and shall be and remain the sole property of SIM Worx.