Terms & Conditions for using AfriGIS GeoDispatch Service

1. Definition of service

The AfriGIS GeoDispatch service will be offered to all subscribing customers as a hosted service. The main functionality of the service will be to allocate and manage service requests and resources. Further details on the features and functionality offered are indicated in the product description available from the Geodispatch section on the AfriGIS web site.

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2. Activation, subscription and usage fees

A once off activation fee will be payable when signing up to the GeoDispatch service. In addition, a monthly subscription fee will be charged for the ongoing right to use the solution. Included in the monthly subscription fee will be a limited number of SMS messages and Location Updates allocated to the specific subscription option.

Additional communication bundles will be sold to cover all SMS messages and Location Updates used in excess of the allocation included in the monthly subscription. Any SMS messages or Location Updates that are not used during the allocated month will not be carried over to the next month. Every month will be started with the allocated number of SMS messages and Location Updates. The monthly fee is payable in advance at the beginning of the month, and additional communication bundles can be purchased throughout the month.

Data charges for accessing the solution on the Mobile phone will be billed by the customer’s mobile service provider.

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3. Delivery of service

The various elements of the service will be delivered via the following mechanisms:

Web site: This will be the main interface used by the customer to capture, allocate and manage service requests. Reporting and the configuration of the solution will also be done using the web interface. To ensure proper access to the web site, it is the responsibility of the customer to ensure that adequate broadband access to the Internet and a PC with the latest version of Internet Explorer or Firefox browsers are available.

Mobil Phone: To ensure proper location of the various registered resources, every resource to be located must have access to an active mobile phone with an MTN or a Vodacom prepaid or contract subscription. To be able to receive SMS alerts and access the Service Requests Inbox from the mobile phone, the mobile phone should also be able to access WAP sites. Where the customer would like to make use of the GPS directions capabilities, a Nokia GPS enabled mobile phone will be required. If a resource’s phone is not GPS enabled, turn-by-turn directions to the service request location will be available from the WAP interface. If the resource’s phone is GPS enabled, turn-by-turn directions as well as GPS routable directions to the service request location will be available from the WAP interface.

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4. Cancelation of subscription

To cancel the GeoDispatch service subscription, the customer shall give AfriGIS one (1) calendar month notice. At the end of the notice period, AfriGIS will remove the customer’s access rights to the service. The customer’s profile and data will be maintained on the system for a period of three (3) months after termination of the service. Should the customer, within the three month period, decide to rejoin the service, the original customer profile will be reactivated and the customer’s access rights restored.

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5. Registration

a)  By completing, signing and returning the Service Application form and associated payment authorisation, the customer accepts these terms and conditions without any modification.  The specific terms and conditions will form the basis of a binding legal agreement between the GeoDispatch customer and AfriGIS.
 
b)   On successful registration, access to the GeoDispatch service and all its associated features and functionality, including but not limited to the ability to locate a specific cellular user and the sending of system generated SMS messages, will be granted. Usage is limited to rendering the intended service request and resource management capabilities.  The service or any of its functional elements may not be used for any other purpose by any means, and notwithstanding whether such use is for direct or indirect financial gain or otherwise.
 
c)   The customer must ensure that all the details provided are true and correct.  AfriGIS shall not be liable for any expenses, costs or damages incurred as a result of the submission of incorrect details.

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6. Value added tax

All prices include VAT.

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7. Agreement of service

a)  An agreement of service only comes into effect if and when payment from the customer is received.
 
b)  AfriGIS reserves the right to refuse to accept and/or execute an order without giving any reasons. AfriGIS further reserves the right to terminate the GeoDispatch service or the subscription of a specific customer in whole or in part as circumstances dictate. In such circumstances AfriGIS shall only be liable to refund monies already paid by the customer in advance.

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8. Support

For support regarding the GeoDispatch service, the following should be noted:

  • Support will be provided according to the standard Service Level Agreement to be agreed between the customer and AfriGIS;
  • Support calls will be received via email at support@geodispatch.co.za or via the AfriGIS call centre number 0860999897.

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9. Governing law

This service is hosted, controlled and operated from the Republic of South Africa and is therefore governed by South African law.

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10. Privacy

a)  AfriGIS shall take all reasonable steps to protect the personal information of all system users.  For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).  The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
 
b)  AfriGIS may electronically collect, store and use the following personal information of users: name and surname; cell phone number; birth date; gender; country of residence; closest city; address; non-personal browsing habits and click patterns; e-mail address; IP address; and GPS location.
 
c)  AfriGIS could collect, store and use the abovementioned information for the following purposes: to deliver a personalised service, to greet the user when he/she logs into the web or WAP site; subject to the user's consent, inform the user of facts relating to his/her access and use of the service; subject to the user's consent, to compile non-personal statistical information about browsing habits, click-patterns and access to the service.

d)  Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings.
 
e)  AfriGIS may collect, maintain, save, compile, share, and disclose any information collected from users, subject to the following provisions:
 
g)  AfriGIS shall not disclose personal information from users unless the user consents thereto;

h)  AfriGIS shall disclose information without the user's consent only through due legal process; and
 
i)  AfriGIS may compile, use and share any information that does not relate to any specific individual.
 
j)  AfriGIS own and retain all rights to non-personal statistical information collected and compiled.

k)  By using the service the customer and its respective employees agree that, the necessary consent has been given for the user to be located by the network operators who will provide such information to AfriGIS for purposes of providing the service.

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11. Security

What is GeoDispatch?
a)  Any person that delivers or attempts to deliver any damaging code to the GeoDispatch site or attempts to gain unauthorised access to any page on the site shall be prosecuted and civil damages shall be claimed in the event that AfriGIS suffers any damage or loss.
 
b)  The customer agrees and warrants that his/her log-in name and password shall be used for personal use only and will not be disclosed to any third party.
 
c)  The user allows AfriGIS to take all reasonable steps to ensure the integrity and security of the service and back-office applications.

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12. Changes to agreement

AfriGIS may change this agreement or any part thereof at any time without prior notice.

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