TERMS AND CONDITIONS OF BUSINESS The Company
- “The Company” shall mean AidCall24/7 (Pty) Ltd. Registration Number 2014/207609/07, whose registered address is Mercury House, 55 Columbus Crescent, Rivergate Industrial Park, Rivergate, Parklands, Cape Town, trading as AidCall.
- ‘Responder’ is the person(s) provided by the client to AidCall for purpose of assistance when requested by AidCall on behalf of the client.
- ‘Client/ Customer’ means the person(s) agreeing to purchase or rent the goods and services from Aidcall.
- ‘Goods ‘shall mean items specified overleaf which the customer has agreed to purchase or rent from Aidcall.
- ‘Price ‘shall mean the cost of the items to the Customer but does not include insurance or VAT unless specified overleaf.
- ‘Delivery Date ‘means the date specified by Aidcall to deliver the goods.
- ‘Conditions ‘means the terms and conditions set out herein and overleaf.
- ‘VAT ‘shall mean Value Added Tax at the rate prevailing on the date overleaf.
- ‘Carephone ‘is the hardware supplied by AidCall along with any accessories to the client.
- “Service(s)”– the services to be provided by Aidcall, as more fully detailed and selected by the client in the services and fee schedule.
- “Services & fee schedule” – the list of services and fees payable, therefore selected by the client, a copy of which is attached hereto as Annexure A or a fully signed and executed quotation.
- This Agreement applies to the Customer(s) use of the Aidcall Services, including any additional content that the Company make available from time to time as part of the Aidcall Services.
- Aidcall may terminate or suspend this agreement in writing immediately if:
- * The Customer(s) fail to make timeous payment of any amount due to the Company.
- * The Customer(s) commit a breach of any of the obligations under this agreement.
- * In the event of the Customer(s) death.
- Should Aidcall give the Customer(s) written notice of suspension, which this notice may be addressed to the Customer(s) postal or domicilium address, such notice suspends what Aidcall is obliged to do under this agreement and Aidcall shall have no obligation to the Customer until the suspension is lifted by Aidcall by notice in writing to the Customer(s).
- Aidcall requires the account holder to acknowledge the agreement terms agreed upon between the user and Aidcall by means of a tick in the block provided. Failing to do so, Aidcall shall be entitled not to provide the services to the Customer(s).
- An amount to be paid in terms of the agreement shall be deemed to have been paid only when the negotiable instrument concerning such payment has been met and Aidcall bank account has been credited.
- The terms and conditions for the sales agreement must be read in conjunction with the terms and conditions on the debit order agreement.
- The customer confirms that the goods ordered are fit for purpose.
- The Customer will be liable for the costs involved for any collection and or transportation of goods purchased to our offices, situated at Mercury House, 55Columbus Crescent, Rivergate Industrial Park, Rivergate, Parklands, Cape Town.
- Should any damage or fault occur on the Carephone unit whilst in the customer(s) possession whereas “The Company” has to perform necessary testing to establish the extent of the damage, The Customer will be required to send the unit to our technical centre (situated at Mercury House, 55 Columbus Crescent, Rivergate Industrial Park, Rivergate, Parklands, Cape Town), and will be liable for all costs involved for transportation and re-programming.
- It will remain the Customer(s) responsibility to test the Aidcall Carephone unit regularly.
- The Customer(s) must inform the Company in writing, should the Customer(s) move premises. The Customer(s) will be held responsible for the call out fee to test and re-connect the Aidcall Carephone unit.
- Should the Customer(s) decide to terminate this agreement; the Customer(s) will have to give Aidcall, a full calendar month notice in writing, to be delivered to Aidcall chosen domicilium.
- The Customer(s) undertake to inform Aidcall within 20 working days of the date, for the Customer(s) next debit order in writing of any changes to the Customer(s) debit order instruction or banking details.
- If the Customer(s) purchase the Aidcall Services as an individual, the Customer(s) agree that the Aidcall Services are only for personal use, and the Customer(s) will not use the Aidcall Services, any content available on the Aidcall Services, or the Customer(s) Aidcall account, for any commercial purpose. The Customer(s) must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes than for Aidcall Services, any application, or other content available or accessible through the Services, or any hardware associated with the Aidcall Services. If the Customer(s) do so, the Company may cancel the Customer(s) account and the Customer(s) ability to access the Aidcall Services and pursue other legal remedies. The Company may take any legal action the Company deem appropriate against users who violate the Company systems or network security, this contract or any additional terms incorporated or referenced in this contract. Such users may also incur criminal or civil liability.
- The Customer(s) remain liable for any amounts owed to Aidcall in terms of the agreement up to the date of termination.
- The Customer(s) will at the date of the order being signed, supply AidCall with a list of three person(s) (responders) that can be contacted by AidCall in the event of the Customer(s) activating the system and the Customer(s) requesting assistance. AidCall will contact the chosen responder(s) telephonically and advise them of the Customer(s) requests.
- It is the Customer(s) responsibility to supply the contact names and correct information for use by AidCall, and to inform such contacts / responders accordingly. It is the Customer(s) responsibility to inform AidCall of any changes to the contact names or details.
- The Customer(s) agree that the Customer(s) use of the Aidcall Services is at the Customer(s) sole risk.
- It is the Customer(s) responsibility to make sure that their home infrastructure equipment relating to the Aidcall Carephone is in working order and The Company will not be held responsible, should a panic not be received due to things like the landline, router or signal in the area not working.
- The Aidcall Services are to be used as an aide to personal safety; however, the Company accept no responsibility for the health and safety of any user of the Aidcall Services.
- The Customer(s) agree that The Company are not responsible in any way for any problems with the Aidcall Services that are caused by a matter beyond Our control, including but not limited to internet failures, equipment failures, power failures, severe weather, industrial disputes and sabotage.
- If the Customer(s) activates the system, AidCall will speak to the Customer(s) via the Carephone and take instruction accordingly. If the Customer(s) is unable to speak and does not answer the AidCall operative, then AidCall will contact the responder(s) and advise that the system for the Customer(s) has been activated with no answer from the Customer(s).
- Should the customer or responder(s) request an ambulance or medical assistance and service provider deem the request not to be a medical emergency; the client will be held liable for any cost incurred. Please note to assist someone of the ground or to a seated position does not qualify as a medical emergency.
- AidCall shall not accept responsibility for any failures occasioned by any actions of the responder or due to the unavailability of the responder.
- The Customer(s) acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. The Company do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss will not occur.
- The Company responsibilities and obligations to the Customer(s) cease immediately when this agreement is terminated, or the service is suspended.
- Aidcall cannot be held responsible for any safety against or prevention of loss. The Company cannot be kept liable, for injury, damage or whatsoever nature. Accordingly, the Company shall exercise reasonable care.
- Aidcall may be unable to respond to a signal or unable to respond within a reasonable time following electrical or other type of abnormal storm or vis major or any adverse weather conditions, unless the emergency is telephoned in to the response call centre.
The user will rent the Carephone (Device) on a month to month basis or over a twelve (12)-month period. The user will be required to give a one (1) month notice (20 working days) in writing if they wish to cancel or suspend the subscription service. The user will be required to send an email to firstname.lastname@example.org. The company agrees to lease the care phone to the customer for the period that the subscription is active and current (not in arrears). The Carephone (Device) remains the property of the Company. Once the Company has confirmed the cancellation request, the goods are to be returned to the Company within 14 working days. Peripheral items such as key safes and/or PIR Sensors are not required to be returned. Once this is received by the company in good condition the agreement will be cancelled.
Aidcall to provide the following services
- Aidcall endeavours to activate the Customer(s) service within 2 working days from the date of the agreement.
- 24-hour call centre voice response to an alert notification.
- Notifying a person on the clients contact list of the situation and/or when receiving an alert notification.
- If such services and subscription allow and if instructed to do so, notify an ambulance service to respond.