- INTRODUCTION
1.1. Cash Connect rents out and maintains safes known as the “Connectr” to its clients. The Connectr is designed to assist with the automation of the retail cash management process and Cash Connect is a provider of
Cash Management Services to Kazang and its Clients.
1.2. Kazang provides secure, mobile, flexible products and services to its clients by enabling its clients to sell value added services through the informal retail sector, mainly being small shops, street vendors and spaza shops to consumers. The value-added services and products are sold by the clients through Kazang’s proprietary mobile point of sale device, herein referred to as a ‘POS Device’.
1.3. The Client is a registered client of Kazang and has been issued with a POS Device and a unique reference number. The Parties wish to increase the product offering available to the Client through the POS Device by offering the Client the opportunity to use the Connectr for the safe and efficient daily management of cash held on the Clients’ Premises.
1.4. The Parties hereto record that certain of the obligations as set out in this Agreement are ordinarily performed by Cash Connect. The Parties confirm that Cash Connect and Kazang have entered into a Master Agreement whereby Cash Connect is obligated to perform certain of the obligations recorded in this Agreement on Kazang’s behalf. Notwithstanding this, Kazang confirms that Kazang is liable towards the Client for the performance of all obligations as set out in this Agreement, however the performance of certain obligations have been outsourced to Cash Connect as per the Master Agreement. The Client therefore acknowledges and agrees to certain of the obligations being performed by Cash Connect.
1.5. Kazang does not warrant and shall not be obliged to procure performance of Cash Connect’s obligations in so far as these obligations are not within the direct power or control of Kazang. Where Cash Connect’s obligations under the Agreement are outside the direct power or control of Kazang, and Cash Connect fails to perform the obligations to the Client, Kazang shall, at the written request of the Client (acting reasonably), seek to exercise the appropriate remedies under the Agreement as required in the Master Agreement for the benefit of the Client.
1.6. Any reference to Cash Connect having obligations in terms of the Agreement shall not be construed as Cash Connect being a party to the Agreement, but rather shall be regarded as a recordal of Cash Connect’s obligations towards Kazang as per the Master Agreement, which obligations shall then, mutatis mutandis, apply to the Client as if the Client was Kazang under the Master Agreement. - DEFINITIONS AND INTERPRETATION
2.1. In this Agreement, the following words shall have the
following meanings:
2.1.1. “Agreement” means this rental, maintenance and cash management agreement, the Signing Schedule, all annexures hereto, and any amendments agreed in writing between the Parties;
2.1.2. “Base Transaction Volume” means the minimum value of money to be deposited in the Connectr on a monthly basis as declared by the Client, and as set out in the
Signing Schedule;
2.1.3. “Business Day” means any day except a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.1.4. “Call-out Fee” means, if applicable, the call-out fee payable by the Client to Cash Connect in respect of service call-outs, non-scheduled maintenance support and additional staff training requested by the Client, which shall be charged at Cash Connect’s standard call-out fees, as set out in Annexure RA1;
2.1.5. “Cash Connect” means Cash Connect Management Solutions (Proprietary) Limited with registration number 2006/010530/07 and/or Cash Connect Rentals (Proprietary) Limited with registration number 2009/007139/07, as the case may be;
2.1.6. “Cash Connect Collateral Holding Trust” means the trust referred to in the defined term “Cash Security Structure” under trust deed number IT525/2010;
2.1.7. “Cash Management Services” means the cash management services to be provided by Kazang, including the services provided through Cash Connect in terms of this Agreement;
2.1.8. “Cash Security Structure” means the arrangement developed by Cash Connect to enhance its capability efficiently to provide liquidity to Clients, and which includes that the money that Cash Connect manages is insured and owned by the Cash Connect Collateral Holding Trust;
2.1.9. “CIT Ad Hoc Fee” means a fee charged by Cash Connect (in accordance with the fee charged by the CIT Service Provider to Cash Connect) where the CIT Service Provider is required by the Client to attend to ad hoc collections of Money from the Connectr (outside of the collection schedule set out in the Signing Schedule) or where the Client requires a second collection on a day or where the CIT Service Provider is unable to collect the Money from the Connectr as a result of a technical fault (regardless of the cause) or an error caused by the Client;
2.1.10. “CIT Industry Risk Levy” means the monthly levy in the amount recorded in respect thereof in the Signing Schedule, being the amount charged by the CIT Service Provider to Cash Connect as part of an initiative in an attempt to curb armed attacks on CIT Service Providers; “CIT Keys” means the unique, confidential electronic FOB or iTag and/or physical keys assigned by Cash Connect Rentals to the Client’s CIT Service Provider in Cash Connect’s discretion from time to time, and which is used by the CIT Service Provider to unlock and to re-enable the Connectr after unlocking, in conjunction with the Client;
2.1.11. “CIT Service Fee” means the monthly charge in the amount recorded in the Signing Schedule under “CIT Service Fee”, in respect of the cash in transit services to be provided by the CIT Service Provider;
2.1.12. “CIT Service Provider” means a third-party cash in transit (“CIT”) service provider approved by Cash Connect in writing or as appointed by Cash Connect from time to time;
2.1.13. “Client” means the party whose details appear in the Signing Schedule and who concludes this Agreement with Kazang, together with its permitted assigns and successors in title;
2.1.14. “Client Keys” means the unique, confidential electronic
FOB or iTag and/or physical keys assigned by Cash Connect Rentals to the Client, in Cash Connect’s discretion from time to time, and which is used by the Client to access the Connectr; RM CMA Consolidated Agreement _ Kazang Direct (version 4) 05042022 Page 2 of 12
2.1.15. “CDF” (Cash Deposit Fee) means, subject to clause 7, the amount to be paid to Cash Connect by the Client for the Cash Management Services, expressed as a cents charge per R100.00 deposited, the quantum of which charge is recorded in the Signing Schedule under “CDF”;
2.1.16. “Commencement Date” means the earlier of the date on which the CIT Service Provider collects, from the Client, both the CIT Keys for the Connectr in respect of the Premises at which the Connectr is installed OR the date which is 14 (fourteen) days after Cash Connect completes its training of the Client in respect of the use of the Connectr, as determined by Cash Connect in its reasonable discretion;
2.1.17. “Connectr” means the safe, cash acceptance device and its related equipment together with the Software and the communications platfor duly supplied, installed and working in combination with such device; which device (or the replacement thereof) the Client sub-rents from Kazang under this Agreement;
2.1.18. “Connectr Bag” means, the “Inner Connectr Bag” inserted into the Connectr and into which Money Deposited is dropped in terms of the Connectr mechanism.
2.1.19. “CPI” means the Consumer Price Index being the annual official rate of inflation in the Republic of South Africa for all metropolitan areas as published by Statistics South Africa, or such other index as may replace it;
2.1.20. “Cross Pavement Carrier” means a cash carrying device which is smoke and dye protected in accordance with CIT industry standards;
2.1.21. “Deposit” means the placing of Money into the Connectr and where the Connectr successfully records the deposit; “Deposited” has a similar meaning;
2.1.22. “Determination” has the meaning specified in clause 15.2;
2.1.23. “End-to-End Service” means a service in terms of which Kazang through Cash Connect performs the Cash Management Services in terms of this Agreement and in addition thereto contracts the CIT Service Provider to provide cash in transit services for the Client;
2.1.24. “Initial Rental Period” means the initial rental period set out in the Signing Schedule;
2.1.25. “Intellectual Property Rights” means any rights under patent, design, copyright, trade secret, trademark and/or other laws throughout the world; and “Intellectual Property” shall have a similar meaning;
2.1.26. “Kazang” – means Kazang, a division of Main Street 1723 (Pty) Ltd, with registration number 2019/300711/07;
2.1.27. “Management System” means the electronic management system operated by Cash Connect which interfaces with the Connectr, inter alia, to confirm the value of each Deposit on a real-time basis, known as
“WebFlo”. Webflo is a web-based customer portal developed by and proprietary to Cash Connect;
2.1.28. “Master Agreement” means the agreement concluded between Cash Connect and Kazang in terms of which, inter alia, Cash Connect agrees to perform the Cash Management Services on behalf of Kazang to the Client, including all annexures thereto, and any amendments agreed in writing between Cash Connect and Kazang;
2.1.29. “Maintenance Support” means the scheduled monthly and other discretionary maintenance support services to be provided by Cash Connect to the Client in terms of this
Agreement;
2.1.30. “Merchant Operation Guide” means the Connectr operating manual provided to the Client, as amended by Cash Connect from time to time;
2.1.31. “Money” means cash notes of South African currency which are legal tender in the Republic of South Africa;
2.1.32. “Parties” means Kazang and the Client, and “Party” refers to either one of them;
2.1.33. “Premises” means the business premises of the Client at which Cash Connect will install the Connectr, as detailed in the Signing Schedule;
2.1.34. “Prime Rate” means the publicly quoted prime rate of interest (nominal annual, compounded monthly in arrears) of First National Bank (a division of First Rand Bank Limited) as certified by any manager of that bank whose authority and designation need not be proved;
2.1.35. “POS Device” means the point of sale device rented to the Client by Kazang which enables the Client to sell value added services to consumers and which requires the Client to deposit funds into Kazang’s bank account to credit a prefunded float from which the Client sells value added services until the prefunded float is depleted;
2.1.36. “Rental and Maintenance Fee” means the monthly rental and maintenance fee due in respect of the Connectr and the Maintenance Support set out in clause 7.1;
2.1.37. “Rental Period” means the Initial Rental Period and any automatic extension of this Agreement as set out in clause 3.1.2;
2.1.38. “Services” means the rental and maintenance services applicable to the Connectr and the Cash Management Services;
2.1.39. “Signing Schedule” means the signature and information schedule to which this Agreement is attached;
2.1.40. “Software” means all the software relating to the Connectr;
2.1.41. “Tamper Evident Bag” means a tamper-evident sealed plastic bag approved by a CIT Service Provider, otherwise called the “Outer Bag” into which the (Inner) Connectr Bag is inserted by the Client and sealed before handing over to the CIT Service Provider on collection of the Money;
2.1.42. “Writing” (or words of similar meaning) means legible writing in English and includes any form of electronic communication contemplated in the Electronic Communications and Transactions Companies Act 25 of 2002.
2.2. In this Agreement (a) headings are included for ease of reference only and shall not affect the interpretation of this Agreement; and (b) the masculine includes the feminine and neutral and the single includes the plural and vice versa.
2.3. In the event of a conflict or inconsistency between any term in the main body of this Agreement and an Annexure or the Signing Schedule, the terms of the main body shall prevail with respect to the subject matter of the relevant clause only.
2.4. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply. - DURATION
3.1. This Agreement shall:
3.1.1. commence on and bind the Parties from the Commencement Date and shall continue for the Initial Rental Period; and
3.1.2. continue indefinitely after the Initial Rental Period, unless terminated by either Party, as contemplated below.
3.2. Termination upon the expiry of the Initial Rental Period will require 1 (one) calendar month’s written notice prior to the expiry date.
3.3. Kazang Connect may at any stage during the Rental Period terminate the Agreement for convenience, without reason, by providing the Client with 1 (one) calendar month’s written notice. - LEASE OF THE CONNECTR
Kazang hereby sub-lets the Connectr to Client, which hires same, for the Rental Period on the terms and conditions of this Agreement - OBLIGATIONS OF KAZANG
5.1. Kazang shall cause the Client’s POS Device to be credited with an amount equal to the Money Deposited in the Connectr (less any amounts payable to Kazang and/or Cash Connect in terms of the Agreement, if applicable).
5.2. Kazang shall ensure that Cash Connect shall:
5.2.1. obtain insurance against the risk of losses of the Money from when it is Deposited into the Connectr until such time as it is credited to the Client’s POS Device, subject to the terms of this Agreement.
5.2.2. deliver the Connectr to Client at the Premises referred to in the Signing Schedule;
5.2.3. install and commission the Connectr;
5.2.4. provide the Maintenance Support and such other reasonable maintenance and technical support to ensure the Connectr is in good working order including Software updates;
5.2.5. effect repairs at the Premises or wherever else it deems it practical or expedient;
5.2.6. perform all repairs on a swap-out basis; this means that Cash Connect will use its best endeavours, subject to Annexure RA1, to always ensure that a Connectr is in operation at the Premises;
5.2.7. provide adequate training to those members of the Client’s staff that will be involved in the operation of the Connectr, the system and the use of the Client Keys; and
5.2.8. Provide such additional training to new members of the Client’s staff from time to time and at the Client’s request, which training shall be charged out at the prevailing Callout Fee. Kazang shall be liable for payment of the Call-out Fee to Cash Connect on the Client’s behalf, unless Kazang determines that the Client is abusing this privilege and unnecessarily or frivolously requiring such service, determined at Kazang’s sole discretion.
5.3. Upon receipt by its contact centre of a request for emergency maintenance support, Cash Connect shall provide a maintenance engineer within the time limits set out in Annexure RA1. Such time frames stated are subject to change at the discretion of Cash Connect.
5.4. Cash Connect will carry out the Maintenance Support in terms of clause 5. The cost of any other work carried out by Cash Connect, including labour and the replacement of parts and equipment shall be for the account of Kazang, and shall be charged at Cash Connect’s prevailing Call-out Fee and its prevailing charges for such parts and equipment. Kazang shall be entitled to claim such portion of the Call-out Fee as set out in the Signing Schedule by deducting the relevant amount from each and every sum of Money Deposited into the Connectr
until such amount is fully paid to Kazang, alternatively by deducting such amount from the prefunded float allocated to the Client’s POS Device. Notwithstanding the above, Kazang shall be entitled to claim all such fees from the Client, at Kazang’s sole discretion, which fees may be
charged for labour and the replacement of parts and equipment, when found to be damaged through misuse or negligence by the Client.
5.5. Kazang and/or Cash Connect shall be entitled to discharge all or any of Cash Connect’s obligations in terms of this clause 5 directly or by any nominated contractor, sub-contractor or agent of its choice.
5.6. The obligations set out in clause 5.2 constitute the obligations of Cash Connect in terms of this Agreement and Kazang shall ensure such obligations are performed as is required in terms of the Master Agreement. - CLIENT’S OBLIGATIONS
6.1. The Client shall ensure that it complies in all respects with the laws of the Republic of South Africa, including but not limited to the Financial Intelligence Centre Act 38 of 2001, the Prevention of Organised Crime Act 121 of 1998, the Prevention of Counterfeiting of Currency Act 16 of 1965,
and any other law, enactment or statute relevant to the Client’s business.
6.2. The Client shall comply strictly with the following provisions and operational procedures, dealing with CIT services:
6.2.1. a bag closure must be performed strictly in accordance with Cash Connect’s specifications and a Bag Closure Report must be printed from the Connectr in use at the Premises upon the arrival of the CIT Service Provider;
6.2.2. the Client must select a Connectr Bag (Inner Connectr Bag) from the stock as supplied by Cash Connect and complete the routing panel with the destination details as directed by Cash Connect from time to time, in
preparation for the insertion of the Connectr Bag into the Connectr device once the full, sealed Connectr Bag has been removed;
6.2.3. the Client shall ensure that before the Money is removed in the ordinary course from the Premises, the person attending to the removal of the Money is a bona fide representative of the CIT Service Provider, by requesting that person to identify himself with reference to his
Company’s identity document (the “Authorised Representative”). The Client shall ensure that it is familiar with the design of the relevant identity document;
6.2.4. the Client shall obtain the signature of the Authorised Representative each time Money is removed from the Premises by signing the collection receipt presented to it by the Authorised Representative for that purpose;
6.2.5. in respect of the N1,5K, N3K, N5K and N10K models, the Client shall enable the CIT authorisation process by placing their finger on the biometric reader in order to prepare the Connectr for CIT collection, followed by the Authorised Representative presenting their CIT Key to the i-button reader on the device itself;
6.2.6. the Authorised Representative will carefully remove the Inner Connectr Bag and check that it is sealed;
6.2.7. the Client must insert the Inner Connectr Bag into the carrier approved Tamper Evident bag and seal it, provided that only 1 (one) Inner Connectr bag shall be inserted into a Tamper Evident bag;
6.2.8. the Authorised Representative will record the Tamper Evident Bag number on the collection receipt and the Client shall check that the seal number as entered is correct;
6.2.9. the Authorised Representative shall place the Tamper Evident Bag into a Cross Pavement Carrier and then close and lock the Cross Pavement Carrier;
6.2.10. the Client will then carefully place the new Inner Connectr Bag into the correct position in the Connectr and set it, before closing the Connectr. The Client will then lock the Connectr. The CIT Key will be returned to the envopak which will then be sealed by the Authorised Representative who will record the envopak seal number on the collection receipt which shall also be signed by the Client;
6.2.11. by signing the CIT Service Provider’s receipt, the Client confirms that the entries recorded thereon are all correct and the Inner Connectr Bag and the Tamper Evident Bag are properly sealed. If for some reason the Inner Connectr Bag is not properly sealed, it shall be stapled closed by the Authorised Representative before inserting it into the
Tamper Evident Bag;
6.2.12. the original of the signed collection receipt must be left with the Client as proof of collection;
6.2.13. the Client shall ensure that the routing panel of every new Inner Connectr Bag is properly written up with the cash processing centre/facility as designated by Cash Connect, prior to placing the Inner Connectr Bag in the Connectr and that the Inner Connectr Bag’s unique barcode is read and recognised by the Connectr, and that each Inner
Connectr Bag is correctly seated inside the safe prior to the Connectr being closed and locked;
6.2.14. the Client shall ensure that the Client’s obligations and procedures described in this clause 6.2 shall always be executed by a duly appointed supervisor or equivalent and shall never be left to the same cashiers who effect deposits into the Connectr;
6.2.15. any Inner Connectr Bag removed from the Connectr which has not sealed correctly shall be stapled closed and placed inside a carrier approved Tamper Evident Bag by the Authorised Representative and the unique seal number of such bag shall be recorded on the Authorised
Representative’s receipt;
6.2.16. immediately upon the Client becoming aware thereof, Client shall report to Cash Connect, via the designated Cash Connect Contact Centre, any defect or malfunction in the Connectr or any part thereof or any factor causing or threatening damage or destruction of the Connectr
and allow all maintenance, repairs or adjustments necessary for the proper functioning of the Connectr to be done regularly and timeously.
6.3. The Client shall ensure that at least one member of the Client’s staff is trained by Cash Connect on an annual basis and that only such staff member/s trains members of the Client’s staff that are involved in the use of the Connectr. Cash Connect will at its own discretion determine if the Client trainer is competent in providing training of the Connectr and if it is not satisfied, Cash Connect will train directly at an agreed market related charge.
6.4. The Client shall ensure that prior to depositing any Money into the Connectr once it has been installed and switched on, the CIT Service Provider has taken possession of both CIT Keys and has issued the Client a receipt for them. The Client shall immediately thereafter provide Cash Connect with written confirmation that the CIT Service Provider has taken possession of both CIT Keys. At no time for the duration of this Agreement shall the owners, directors, members, officers, employees, agents and assigns, or any other person engaged by the Client take possession of one or both of the CIT Keys from the CIT Service Provider.
6.5. Immediately upon the Client becoming aware thereof, Client shall report a damaged, lost or stolen Client Key or CIT Key to Cash Connect.
6.6. Immediately after any loss of Money occurs, Client shall forthwith notify Cash Connect thereof by informing Cash Connect’s Contact Centre by not later than 24 (twentyfour) hours after the occurrence giving rise to the loss.
6.7. Cash Connect and/or Kazang shall be relieved of all liability for any shortages within a Connectr Bag where such Connectr Bag has been delivered to the cash processing facility and there is no evidence that the seal or Connectr Bag or Tamper Evident Bag has been tampered with as well as for any loss or damage, whether direct or indirect and howsoever arising in all circumstances where the Client has not strictly complied with the operational procedures and Client obligations in.
6.8. Where Cash Connect wishes to investigate any matter or issue pursuant to this Agreement, the Client undertakes to offer every reasonable assistance and to co-operate fully with Cash Connect in its investigation. The Client shall allow Cash Connect access to the Client’s premises, books and records (including but not limited to accounting programmes, bank statements and bank deposits), and to make copies thereof and to interview and take statements from the Client’s directors,
members, contractors, servants, employees and agents to enable Cash Connect to investigate any incident, claim, suit or demand which may be threatened, contemplated (whether against Cash Connect or not) in respect of such incident, claim, loss or damage whether suffered by Cash Connect, the Client or any third party.
6.9. All of the CIT collection receipts signed by the CIT Service Provider and / or the Client shall be retained in safekeeping by the Client for the duration of this Agreement and for 12 (twelve) months thereafter for the purposes set out above. The Client shall immediately, upon written request, provide Cash Connect with a certified copy of any such collection receipt and shall allow Cash Connect to view the original thereof.
6.10. In the event that Cash Connect does not provide an EndTo-End Service the Client acknowledges, agrees and undertakes that:
6.10.1. it shall not, for the purposes of this Agreement be entitled to enter into a written agreement with a CIT Service Provider for the provision of CIT Services unless the CIT Services Provider is (and for the duration of this Agreement remains) a CIT Service Provider, approved by Cash Connect and/or Kazang (in its discretion) in writing and the Client has provided Cash Connect and/or Kazang with a copy of the CIT Agreement concluded by the Client and the CIT Service Provider together with a valid client code (as advised by the CIT Service Provider to the Client) and Cash Connect shall be entitled to confirm any aspect of the CIT Agreement directly with the CIT Service Provider.
6.11. In the event that Cash Connect does not provide an EndTo-End Service, Cash Connect shall not be obliged to provide the Cash Management Services alternatively shall be entitled to suspend the provision of the Cash Management Services where the Client has failed to comply strictly with the provisions of clause 6.10
6.12. The Client acknowledges and agrees that the Cash management Service provided by Cash Connect in terms of this Agreement does not include the processing and/or banking of Money that is not Deposited into the Connectr (“Manual Banking”) and that:
6.12.1. Cash Connect shall not provide any Manual Banking service in terms of this Agreement;
6.12.2. the Client shall be solely responsible (to the exclusion of Cash Connect) to arrange its own Manual Banking, which responsibility will include arranging and paying the cost of insurance, collection, delivery and processing of its Manual Banking;
6.12.3. Kazang and/or Cash Connect shall have no liability in respect of and takes no risk whatsoever for Manual Banking including but not limited to whilst any Money which is the subject of Manual Banking is at the Client’s Premises, is in transit or at the relevant processing centre and the Client indemnifies and holds Cash Connect harmless in respect of any loss suffered by the Client, pursuant to any form of Manual Banking;
6.13. The Client acknowledges that there are additional risks that are not covered by the Cash Management Services and as such it is incumbent upon the Client to effect or retain sufficient insurance cover for such risks.
6.14. The Client shall comply strictly with the following provisions and operational procedures, dealing with rental and use of the Connectr:
6.14.1. not use the Connectr other than for purposes of Client’s cash management system and in terms of this Agreement;
6.14.2. ensure that the Connectr is used correctly and properly handled and care is taken in operating the Connectr in accordance with the Merchant Operation Guide and any other directions or guidance issued by Kazang or Cash Connect from time to time;
6.14.3. not allow any work to be carried out on the Connectr or any part thereof by any person or company other than Kazang and/or Cash Connect, its authorised technicians or any other person approved in writing by Kazang or Cash Connect;
6.14.4. not tamper or attempt, or intentionally allow anyone to tamper, with the Connectr;
6.14.5. adhere strictly with the provisions of the Merchant Operation Guide and/or other operating instructions given by Cash Connect or Kazang in writing from time to time;
6.14.6. not loan, rent, sub-licence or otherwise transfer the Connectr or the Software (in any data storage medium), nor alter, modify or adapt the Connectr or the Software, including but not limited to reverse engineering, translating, de-compiling, disassembling or creating adaptations of the Connectr or the Software;
6.14.7. ensure, that all the Client’s employees, agents and contractors responsible for operating the Connectr attend retraining programmes provided by Cash Connect, and that all new staff are trained on the proper use and operation of the Connectr;
6.14.8. at all reasonable times ensure or procure that Kazang and/or its agents or duly authorised representatives of Cash Connect and/or its agents or duly authorised representatives are given access to the Connectr wherever it is located;
6.14.9. notwithstanding anything to the contrary contained in this Agreement, the Client shall be obliged to return to Cash Connect or to make available for collection by Cash Connect any damaged and/or destroyed Connectr. The Client acknowledges that the Connectr contains
intellectual property and other design that is proprietary to Cash Connect. Accordingly, the Client acknowledges that it shall not be entitled to retain any Connectr that is damaged and/or destroyed even if the Client has made payment or caused payment to be made to Cash Connect or Kazang for a replacement Connectr.
6.15. The Client shall not remove the Connectr from either the Premises or the exact position at which it has been installed at the Premises other than with Kazang’s prior written consent and agreement as to the terms thereof. For the avoidance of any doubt where Kazang provides its prior written consent for the purposes of this clause
6.15, the removal and/or any moving of the Connectr may only be carried out by Kazang, Cash Connect or its approved contractor/s. - CHARGES AND PAYMENT
7.1. In relation to the rental and maintenance of the Connectr:
7.1.1. Kazang shall pay such portion of the Rental and Maintenance Fee to Cash Connect on behalf of the Client as set out in the Signing Schedule.
7.1.2. All work carried out by Cash Connect that does not constitute Maintenance Support shall be charged for at the Call-out Fee; provided that Cash Connect may waive the Call-out Fee in its discretion, which shall be paid by Kazang to Cash Connect on behalf of the Client within 20 (twenty) Business Days of presentation of invoice.
7.2. Cash Connect shall not be obliged to undertake any shopfitting for the purposes of installing the Connectr at the Client’s Premises. In circumstances where the Client requires any shopfitting for the purposes of the installation of the Connectr, the Client shall be obliged to contract directly with its own shopfitter at its own cost. Neither Kazang nor Cash Connect shall be responsible for any loss, damage or delays as a result of the shopfitting performed by the Client’s shopfitter.
7.3. Kazang will pay to Cash Connect on behalf of the Client such portion of the following fees in respect of the Cash Management Services and/or End-to-End Services as set out in the Signing Schedule:
7.3.1. The CDF;
7.3.2. the CIT Service Fee;
7.3.3. the CIT Industry Risk Levy;
7.3.4. the amount charged by the CIT Service Provider to Cash Connect in respect of any consumable items supplied by the CIT Service Provider to the Client for the month in question, such consumables to include (but which are not limited to) key bags, seals and manual banking bags (“CIT Consumables”); and
7.3.5. the CIT Ad Hoc Fee.
7.4. Notwithstanding the above, should any of the fees payable by Kazang as set out in clause 7.1 and/or 7.3 have increased significantly for whatever reason, not making it financially viable for Kazang to continue paying the fees on behalf of the Client, or the costs increase at a rate significantly above the increase in the CPI due to circumstances beyond Kazang or Cash Connect’s reasonable control, Kazang shall be entitled to charge the Client such amount, or increase or further increase (as the
case may be) to the charges by such reasonable amount as Kazang deems sufficient to meet the additional costs incurred or to be incurred by it pursuant to such increases, which increase shall take effect from the date of written notice to the Client of such increases.
7.5. Where the total monthly Deposits consistently amount to less than the declared Base Transaction Value recorded on the Signing Schedule, Kazang shall within its discretion, be entitled to charge the Client such amount charged by Cash Connect to Kazang, if any, pursuant to the Client’s Deposits falling short of the Base Transaction Value.
7.6. Where Kazang is entitled to charge the Client such portion of the fees as set out in clause 7.1 and/or 7.3, the Client authorises Kazang to deduct (or procure the deduction and payment of) the amount due to Kazang
from each and every sum of Money Deposited into the Connectr (determined at the time of a Connectr Bag closure and evidenced by the Connectr Bag closure report), prior to making payment of such sum to the Client’s POS Device, raising an invoice payable by the Client within 10 days of receipt thereof and/or deduct such fees from the Client’s prefunded float allocated to the Client’s POS Device.
7.7. Where applicable, Kazang will provide the Client with a valid tax invoice reflecting the amount payable, which invoice shall include a statement containing a reconciliation (the “Monthly Reconciliation”) of the amounts deducted by Kazang. If the Client disputes the Monthly Reconciliation then the matter shall be referred to Kazang’s auditors (acting as experts and not as arbitrators) for determination, which determination shall (in the absence of manifest error) be final and binding on the Parties.
7.8. Where Kazang is entitled to charge the Client the fees referred to in clause 7.1 and 7.3, and where the fees due are higher than the amount due to the Client for Money Deposited, Kazang reserves the right to charge the Client for the shortfall by raising an invoice payable by the Client within 30 days of receipt thereof and/or deduct such fees from the Client’s prefunded float allocated to the Client’s POS Device.
7.9. All amounts to be paid in terms of this Agreement, if applicable, exclude value-added tax in terms of the Value-added Tax Act 89 of 1991 (as amended). - CASH MANAGEMENT SERVICES AND SETTLEMENT TO
CLIENT
8.1. Kazang shall make settlement into the Client’s POS Device as soon as possible after the Money has been successfully Deposited into the Connectr, subject to the terms contained in this Agreement.
8.2. Cash Connect insures Kazang for the Money in the Connectr from the moment it is deposited therein. Kazang shall, in turn, extend such insurance undertaking to the Client strictly in accordance with such insurance undertaking provided to Kazang by Cash Connect. This undertaking is conditional on the Client ensuring that the procedures for bag labelling, closure as well as the handing over of a sealed bag to CIT courier or its agent as set out in Client Obligations of the Cash Management and Rental and Maintenance Agreement and the Merchants Operating Guide, are strictly adhered to.
8.3. The Client acknowledges that Cash Connect’s policy is to settle in the event of an incident giving rise to a claim, however, if the loss involves any proven fraud, dishonesty or involvement of the Client, its employees, directors or members, agents or assigns in any way whatsoever, Kazang reserves the right to recover any value already settled into the POS Device, including, if possible, by reversing any funds still available on the POS Device.
8.4. In the event that Kazang suspects suspicious activity, it reserves the right to withhold or reverse any funds due to be settled into the POS Device, until such time that proper investigation has been done to absolve the Client from any wrongdoing. Should it be found that the Client is guilty, whether directly or indirectly, of actions which amounts to Cash Connect not paying the funds to Kazang, Kazang shall be entitled to reverse the funds in the POS Device and/or claim from the Client such
amount of loss, damage or claims incurred by Kazang as a result of the Client’s wrongdoing.
8.5. The sole function of the Cash Management System is to minimise (and not to eliminate) the risk of loss or damage by theft, burglary or robbery and as such Kazang gives no warranty and makes no representations that the use of the Connectr, the Management System and/or the CIT Service Provider or its staff will be able to minimise or
prevent such loss or damage;
8.6. In the event that the Client commits any material breach of this Agreement (regardless of whether such breach is remedied in accordance with the terms of this Agreement), Kazang, in its discretion, (subject only to written notice to the Client to this effect) shall be entitled (without incurring or accepting any liability and at no risk to Kazang) to change the basis on which Kazang makes payment to the Client in respect of Money Deposited (“Settlement”) from that set out in clause 8.1 to Settlement on count. For the purpose of this clause “Settlement on count” means payment to the Client after collection of the Money by the CIT Service Provider, delivery of the Money to the cash processing centre and a confirmed manual count of the Money at the cash processing centre. - TRANSFER TO MULTI-TAG
9.1. The Client may wish to amend the service offering (“Multi Account Payment Service” or “Multi-Tag”) available by Kazang and/or Cash Connect in terms of which Cash Connect will, as payment agent for the Client, on instruction of the Client and from the Money Deposited by the Client into the Connectr/s:
9.1.1. pay the Client’s nominated creditor/s on behalf of the Client, for the goods and/or services purchased or to be purchased by the Client from its creditor/s and in respect of which payment is due (“Creditor Payment Service”); and/or
9.1.2. make payment to the Client’s nominated bank accounts, being bank accounts of the Client but used by the Client for its various branches and/or businesses and/or departments and/or divisions or the like (“Client Division/s”); and
9.1.3. the prefunded float allocated to the Client on the POS Device shall automatically be one of the nominated creditors to which Cash Connect will perform the Creditor Payment Service.
9.2. In the event that the Client wishes to make use of the Multi Account Payment Service, the Client shall be obliged to enter into a Cash Management Agreement directly between the Client and Cash Connect, in which event the provisions of such agreement shall supersede such provisions contained in this Agreement, mutatis mutandis, where in conflict with this Agreement, provided that:
9.2.1. Kazang Connect is entitled to charge the Client such Costs, including but not limited to the below listed items, and the Client authorises Kazang to deduct (or procure the deduction and payment of) the amount due to Kazang from each and every sum of Money Deposited into the Connectr (determined at the time of a Connectr Bag closure and evidenced by the Connectr Bag closure= report), prior to making payment of such sum to the Client’s POS Device, raising an invoice payable by the Client within 10 days of receipt thereof and/or deduct
such fees from the Client’s prefunded float allocated to the Client’s POS Device:
9.2.1.1. Such portion of the Costs as detailed in the Signing Schedule which Kazang Connect is entitled to recover from the Client, subject to the CDF Fees only being applicable to the Deposits made and loaded to the Client’s POS Device;
9.2.1.2. Such pro-rata portion of CIT Fees as a result of any increase in the CIT Fees pursuant to an increase in Money Deposited; and
9.2.1.3. Such amount due to Kazang Connect and/or Cash Connect which is caused by the Client’s default in making timeous payment of any Costs due to either Kazang Connect or Cash Connect, irrespective of the
cause in default.
9.2.2. Whichever payment method Kazang Connect uses as detailed above, Kazang Connect shall raise an invoice to the Client in that regard.
9.3. The Client shall contact Kazang in writing prior to it entering into any agreement with Cash Connect as provided herein.
9.4. Kazang shall have no liability of whatsoever nature arising from the obligations of Cash Connect pursuant to Cash Connect providing the Creditor Payment Service to the Client - LIABILITY, LIMITATION OF LIABILITY AND INDEMNITIES
10.1. The Client shall not be liable, and Kazang shall indemnify the Client for:
10.1.1. the loss of Money Deposited into the Connectr due to theft, armed robbery, hijacking or loss as a result of any such attempted theft, from the Connectr following violent and/or forceful entry;
10.1.2. the loss of Money due to theft, armed robbery, hijacking or a loss as a result of any such attempted theft, whilst in the custody and care of a CIT Service Provider, including loss while loading onto the carrying vehicle, and until delivered to the bank or cash processing centre; provided that Kazang’s liability will start from when the Money is
Deposited in the Connectr and shall cease upon the physical delivery of the Money to Kazang’s bank or other designated destination, against an official Cash Connect/ CIT Service Provider’s receipt. The continuing presence of a CIT Service Provider employee after the physical
delivery or collection of the Money shall not be deemed to be a continuation or recommencement of Kazang’s liability;
10.2. Other than specifically detailed in 9.1 above but notwithstanding anything to the contrary contained herein Cash Connect and/or Kazang, and its directors, officers, employees, agents and/or assigns shall have no liability whatsoever under and in terms of this Agreement and pursuant to the provision of the Cash Management Services (including for delict) and the Client hereby indemnifies Cash Connect and Kazang and its directors, officers, employees, agents and/or assigns in respect of any claim, loss or damage (including for delict) including any such claim caused by or which arises from:
10.2.1. a criminal act, fraud or dishonesty or involvement on the part of the Client, its owners, directors, members, officers, employees, agents and assigns, or any other person engaged by the Client;
10.2.2. collusion between the Client and/or its owners, directors, members, employees, agents and assigns or any other person engaged by the Client and any director, member, employees and/or agents and assigns of Cash Connect and/or Kazang and/or the CIT Service Provider;
10.2.3. the handling, loading, stowage or unloading of the Money by the Client or its employees or any person acting on behalf of the Client;
10.2.4. any breach of the provisions of this Agreement by the Client, its employees or agents or any other person engaged by the Client or the breach of an agreement between the Client and its customers;
10.2.5. and for any period and to the extent that Kazang and/or the CIT Service Provider is prevented, hindered or delayed from performing any Cash Management Services or other obligations under this Agreement, in whole or part, as a result of Force Majeure, third party non-performance,
strikes, labour disputes, riots, war, acts of God; 10.2.6. services provided by a CIT Service Provider, where:
10.2.6.1. such loss or damage is the direct result of a criminal act, fraud or dishonesty by the CIT Service Provider or its employees and/or they are not acting within the course and scope of their employment;
10.2.6.2. any measures specified by Cash Connect, Kazang or the CIT Service Provider from time to time have not been strictly complied with;
10.2.7. damage or loss of an indirect, consequential punitive, special or incidental nature, loss of profit, revenue, anticipated earnings, business transactions or goodwill suffered by the Client;
10.2.8. any damages suffered by the Client where such damage relates to the death or injury of any person (whether or not employed or engaged by the Client) and any other damage to property suffered by the Client;
10.2.9. where Cash Connect and/or Kazang has advised the Client in writing that any of the security at the Premises is insufficient, is inoperative or has not been maintained or the like, any additional security is to be provided and or repairs and or maintenance is to be effected by the Client at the premises; and the Client has failed to strictly
comply with such written advice, within the timeframe detailed in the written notice;
10.2.10. where the Client fails to maintain the minimum physical security requirements, either as per the initial approved site inspection, or as advised by Cash Connect or Kazang in terms of clause 10.2.9 above;
10.2.11. excessive use, misuse or negligence in the use of the Connectr.
10.3. None of Cash Connect or Kazang, its directors, officers, employees, contractors, agents or any other persons acting on behalf of Cash Connect or Kazang shall be liable (whether in contract or delict or otherwise) in any way whatsoever for any loss or damage (including, without being limited to, consequential or special damages or loss of profits), injury or loss of life, howsoever arising which may be caused to or suffered or sustained by the Client, its officers, employees, agents and visitors and any other person in attendance at the Premises from time to
time and/or the operation and use of the Connectr (whether during the currency of this Agreement or after its termination), unless caused, suffered or sustained as a result of the gross negligence, omission or wilful misconduct of Cash Connect and/or Kazang.
10.4. Notwithstanding anything to the contrary contained in this Agreement, the Client shall remain liable to Cash Connect or Kazang for the replacement value of the Connectr in the event that the Connectr is damaged, destroyed, and/or lost and/or stolen as a result of the wilful
misconduct or grossly negligent actions of the Client.
10.5. Where Kazang is found to be liable to the Client under this Agreement or otherwise (including for delict), for any loss or damage allegedly suffered by the Client the following limits shall apply to such liability:
10.5.1. the Client shall bear the first 7,5% (seven comma five percent) of the loss or damage suffered (including in the event of a loss of and/or damage to Money at any time (i) after the Money is Deposited into the Connectr; and (ii) whilst the Money is being removed from the Connectr
and loaded onto the CIT Service Provider’s carrying vehicle; and (iii), whilst the Money is in the custody and care of a CIT Service Provider, until the Money is delivered to the bank or cash processing centre), and Cash Connect and/or Kazang’s liability to the Client shall be reduced
accordingly. Kazang shall on 10 (ten) Business Days’ written notice to the Client be entitled to vary the percentage in this clause where its insurers vary the excess payable by Kazang and/or Cash Connect in the event of a claim;
10.5.2. the Client’s claim shall be limited to its actual proven direct financial loss only;
10.5.3. Kazang’s liability will be reduced by the extent, if any, to which the Client or any other party contributed to the loss.
10.6. The Client warrants that it has received a copy of the Merchant Operation Guide, has read and understood its contents, and has not relied on any representation made by Kazang and/or Cash Connect which has not been expressly stated in this Agreement or upon any
descriptions, illustrations or specifications contained in any document, including any catalogues or publicity material produced or supplied by Cash Connect and/or Kazang or any of its representatives or subsidiaries. - OWNERSHIP OF THE CONNECTR AND CONSEQUENCES IN THE EVENT OF DAMAGE, LOSS, THEFT AND DESTRUCTION THEREOF
11.1. The Connectr shall at all times remain the property of Cash Connect. The Client shall not, by virtue of this Agreement or otherwise acquire any rights of ownership in or to the Connectr.
11.2. Should the Connectr or any part thereof, at any time be kept or installed on premises not owned by Client, then Client shall forthwith notify the owner and/or the lessor in writing of such premises that ownership of the Connectr vests in Cash Connect andprovide Kazang with a copy of such notice. However, Kazang shall, itself, be entitled to
advise the owner/lessor accordingly.
11.3. Client’s obligations to Kazang arising in terms of this Agreement shall not be interrupted or terminated by any loss of or damage to the Connectr (howsoever arising) and, in applicable, it shall at all times be obliged to continue making payment of the Rental and Maintenance Fee for the duration of the Rental Period, where applicable.
11.4. If the Connectr or any part of it is damaged, lost, stolen or destroyed by whatsoever cause, Client shall immediately notify Cash Connect and Kazang thereof by reporting same to Cash Connect’s contact centre.
11.5. Kazang shall have no obligation to replace a Connectr which is damaged, lost, stolen or destroyed regardless of the cause.
11.6. Client shall not in any way encumber or otherwise dispose of the Connectr or any part thereof in any way whatsoever. - USE AND CONTROL OF THE CONNECTR
12.1. The Client shall ensure the Connectr is at all times kept at the Premises and remains in the possession of the Client.
12.2. The Connectr shall be operated and controlled only by properly trained and qualified persons.
12.3. Client shall comply with the specifications, instructions and recommendations of Cash Connect for the operation of the Connectr and shall procure that its staff and representatives similarly comply with such obligations.
12.4. The Connectr provided in terms of this Agreement is provided “as is” and Kazang and/or Cash Connect specifically disclaims any warranty of fitness for a particular purpose, functionality, merchantability or
infringement, whether express or implied for any other purpose other than the warranties provided in this Agreement. - CONFIDENTIALITY
13.1. The Client acknowledges the confidential nature of Cash Connect’s Intellectual Property Rights associated with the Connectr, including but not limited to documentation, forms, trademarks, instructions, operating manuals and other information.
13.2. The Client shall not without Cash Connect’s prior written consent copy or cause to be copied or disclosed any details of any such technology, design or items to a third party. - INTELLECTUAL PROPERTY RIGHTS
It is recorded that all Intellectual Property Rights relating to the Connectr are solely owned by Cash Connect and the Client shall not hereby acquire any Intellectual Property Rights in or in relation to the Connectr. - TERMINATION EVENTS AND BREACH
15.1. If the Client:
15.1.1. defaults or fails to comply with any of the terms and/or conditions of, or any of its obligations under this Agreement, including, if applicable, a default in the punctual payment of any sum (for which no notice to remedy such default shall be required) and fails to remedy any such payment or failure within a period of 2 (two) Business Days of receipt of written notice from
Kazang calling upon it to do so;
15.1.2. commits any act of insolvency, is placed in business rescue or allows any judgment to be granted against it to remain outstanding for a period of more than 21 (twenty one) Business Days from the date on which Client first becomes aware of the judgment, provided that, if within such 21 (twenty one) Business Day period, Client takes steps to have the judgment set aside or appeals against the judgment (and thereafter pursues such steps with due vigilance), then the 21 (twenty one) Business Day period shall commence on the date on which the
judgment becomes final;
15.1.3. does or allows to be done anything that might prejudice Kazang’s rights under this Agreement; or
15.1.4. commits a breach of the Agreement and fails to remedy such breach within the period specified in the Agreement, Kazang shall be entitled, without prejudice to any of its rights in law:
15.1.5. on written notice to the Client, [a] to claim specific performance of this Agreement by the Client, or [b] to cancel this Agreement with respect to the Client; and
15.1.6. to claim immediate payment of all amounts payable in terms of this Agreement, if applicable, whether or not such amounts are then due and payable and assuming for this purpose that this Agreement would have endured for the full term thereof and until the expiry of the Initial
Rental Period; and
15.1.7. without prejudice to any of its other rights in law, and in any event to claim damages from the Client.
15.2. In the event that the Master Agreement is terminated, this Agreement shall automatically terminate upon date of termination of the Master Agreement. Kazang shall afford the Client timeous notice in the event of termination of the Master Agreement, if possible. - TERMINATION OF AGREEMENT
16.1. Upon termination of this Rental Agreement for any reason, the Client shall:
16.1.1. Immediately cease to use the Connectr; and Kazang and/shall be entitled (but not obliged) to immediately and by prior arrangement with the Client (which shall not unreasonably withhold or delay providing such consent) remove the Connectr from the Premises and Client shall be obliged to provide reasonable access and assistance for such removal.
16.2. Should Client fail to facilitate the return of the Connectr or any part thereof to Cash Connect or Kazang in accordance with the provision set out in clause 15.1.1, then Kazang ’s auditor shall, acting as expert and not arbitrator, forthwith determine (the “Determination”) the fair replacement value of such non-returned Connectr and the Determination shall, in the absence of bad faith or manifest error or fraud, be final and binding on Client.
16.3. Kazang shall deliver to the Client the Determination, and the Client shall be obliged within 14 (fourteen) Business Days of receipt of the Determination and written demand therefore from Kazang, to make payment to Kazang of the amount of such replacement value so determined less the amount of the deposit retained by Kazang (if any). - JURISDICTION OF MAGISTRATE’S COURT
The Client hereby consents to the non-exclusive jurisdiction of the Magistrates’ Court having jurisdiction over its person, in respect of any legal proceedings instituted against it by Kazang arising out of or in
connection with this Agreement. - GENERAL
18.1. This Agreement constitutes the sole record of the agreement between the Parties with regard to the subject matter thereof. No Party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein.
18.2. No addition to, variation of or agreed cancellation of this Agreement including this clause shall be of any force or effect unless in writing and signed by on behalf of the Parties.
18.3. No relaxation or indulgence, which any Party may grant to the other including in respect of this clause, shall constitute a waiver of the rights of that Party and shall not preclude that Party from exercising any rights which may have arisen in the past or which may arise in the future.
18.4. A certificate under the hand of any director or manager of Kazang, whose appointment it shall not be necessary to prove, in respect of any indebtedness of Client under this Agreement or in respect of any other fact shall be prima facie evidence of Client’s indebtedness to Kazang
and/or such other facts.
18.5. Client shall not be entitled to delegate, outsource, transfer, cede or assign all or any of its rights and/or obligations under this Agreement without Kazang’s prior written consent.
18.6. Kazang shall be entitled to delegate, outsource, transfer, cede and/or assign all or any of its rights and/or obligations under this Agreement and Cash Connect shall be entitled to transfer ownership of the Connectr to any one or more persons, despite any resultant splitting of claims against the Client, and upon transfer of ownership of the Connectr to any third party, the Client undertakes to hold the Connectr for and on behalf of that third party.
18.7. All payments to Kazang are without any deduction or set-off and free of exchange, bank commission or charges. - DOMICILIUM AND NOTICES
19.1. The Parties choose as their domicilium citandi et executandi (“domicilium”) for the purpose of the giving of any notice, the serving of any process and for any other purpose arising from this Agreement, the following: –
19.1.1. Kazang at 1 st Floor, Block D Sable Square, Cnr
Bosmansdam and Ratanga Rd, Milnerton, 7441; marked for the attention of Legal; and
19.1.2. the Client at the physical address, facsimile number and email address set out in the Signing Schedule
19.2. Any notice or other communication given pursuant to this Agreement shall be in writing and shall be deemed to have been duly given:
19.2.1. on delivery, if delivered by hand to the Party’s domicilium;
19.2.2. on dispatch, if sent to that Party’s telefax number or email address; and
19.2.3. on the 10th (tenth) day following posting thereof by registered mail to the Party’s chosen domicilium.
19.3. Either Party may designate a different address in the Republic of South Africa as its domicilium and/or a different facsimile number at which it will receive notices hereunder, by written notice given to the other Party in accordance herewith. - FORCE MAJEURE
If Cash Connect and/or Kazang is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by any cause beyond the reasonable control of Kazang and/or Cash Connect, including by illustration but without limitations, acts of
God, civil commotion, riots, insurrection, acts of government, fire, explosion, the elements, epidemics, pandemic, governmental embargoes, acts or omissions of the Client, third party non-performance, failure or
malfunction of computer or telecommunications hardware, equipment or software, strikes, labour disputes, war, fire or government regulations. or like causes (“force majeure”), Cash Connect and/or Kazang shall, to the extent so prevented, be relieved of its obligations hereunder during the period of such events and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damage either general, special or consequential which the Client may suffer due to or resulting from such delay or failure.
ANNEXURE RA1
HELP DESK SUPPORT (1st Line Support)
Help Desk support is defined as a call placed to the Cash Connect Help Desk by the client. The Help Desk is open 24 hours a day, seven days a week, including Public holidays. Contact Centre Telephone Number: 0861 697263 (0861myrand).
TECHNICAL VISIT (2nd Line Support)
Technical visit is defined as a Cash Connect Technician who has been authorised by Cash Connect to visit the premises in order to repair or resolve a problem with the terminal having arisen due to normal wear and tear, faulty equipment, misuse or negligence on behalf of the client.
Operational Hours: 07h00 to 18h00 Monday to Sunday and Public Holidays
MAINTENANCE VISIT
A “Maintenance Visit” is defined as a Cash Connect Technician who has been authorised by Cash Connect to visit the Premises in order to service various components of the Connectr Terminal; to ensure that the device is maintained in good working order. This includes:
• Testing and swapping out of any components as deemed necessary by the Technician.
• Swapping out the Validator/ Note / Coin Counters and other components with refurbished and reworked units
STANDARD CALL OUT PROCEDURES
In the event of a technical problem arising, the client must place a call to Cash Connect’s Help Desk (0861 697263 (0861myrand). If the problem cannot be resolved telephonically Cash Connect will dispatch an authorised technician to the site to resolve the problem.
NEGLIGENCE AND ABUSE CALL OUT FEE
The following call out fee is applicable to any Maintenance Support provided by Cash Connect where the technician has determined that the cause of the Connectr failure was due to the Client not operating the Connectr in accordance with the Merchant Operating Guide and any other directions or guidance issued by Cash Connect from time to time, or where the Client’s actions have resulted in the Connectr or any of its components being damaged:
Labour rate on-site: R860 per hour for all 3K, N3K and 5K devices within 100km of a Designated Branch, and R1160 for all 3K, N3K an 5K devices further than 100km from a designated branch. The rate of R1160 per hour will be charged for all 10K, N10K and BDA devices regardless of distance from a Designated Branch. These rates apply between 08h00 and 17h00. Travel labour rate: R585.00 per hour (Between 08h00 and 17h00) Kilometres travelled rate: R5.87/kmThese rates are subject to change at Cash Connect’s sole discretion. In addition to the labour and travel rates, Clients will be billed for the cost of any and all components that need to be replaced due to damage caused by the Client. The labour rates for all negligence and abuse calls attended to after-hours (between 17h00 and 08h00) will be calculated at one and a half times the labour rates detailed above. The aforesaid rates shall be apportioned with reference to the actual number of hours and kilometres or part thereof that apply.
MAINTENANCE S.L.A. Upon receipt by the Contact Centre of a request for emergency non-scheduled maintenance support, and if the problem cannot be resolved telephonically, Cash Connect shall use its best endeavours to provide a maintenance engineer within the time limits set out below:
• within 6 (six) hours if the Premises are within 100kms of one of the Designated Branches;
• within 8 (eight) hours if the Premises are more than 100kms but less than 200kms from one of the Designated Branches;
• within 10 (ten) hours if the Premises are more than 200kms, but less than 300kms from one of the Designated Branches;
• within 14 (fourteen) hours of receipt of the request if the Premises are more than 300kms from one of the Designated Branches, provided that:
• if a call is received before 08h00 on any day, the response period will only commence at 08h00 that day; and
• if a call is received after 17h00 on any day, then the response period will only commence at 08h00 the following morning.
• if a call is received before 17h00 and the maintenance response period will fall outside Cash Connect’s Operational Hours as defined above, the Client and Contact Centre will agree on a time for the technician to attend the Sites that is suitable for the Client. If no time can be agreed on between the Client and the Contact Centre, the response period will only commence at 08h00 the following morning.
