Refund and Cancellation Policy

1. Definitions

“Service” means the MONITOR STS cloud platform and mobile application.
“Device” means the GPS tracker or any telematic peripheral provided to the Client.
“Business Day” means Monday to Friday, excluding official public holidays in South Africa.
“Notice” means an e‑mail sent to the address specified in this Policy.

2. Language Priority

This Policy is executed in English.

3. Contract Term & Renewal

The Agreement is concluded for an indefinite term with monthly billing and renews automatically until terminated under Section 4.

4. Cancellation & Notice

The Client may cancel the subscription by sending a request to cto@monitor-sts.com at least 20 Business Days in advance. The Service and billing remain active until the end of the notice period. No cancellation fee is charged; outstanding fees for the notice period remain payable.

5. Cooling‑off (CPA §16)

For contracts concluded via direct marketing, the Client may cancel within 5 Business Days after activation and receive a full refund provided the Device is returned/removed.

6. Return, De‑installation & RICA

The Client shall:

present the vehicle/asset for professional de‑installation or return the Device to a MONITOR STS service centre;
ensure constant 12 V/24 V power; disconnecting power without prior approval voids the warranty;
provide ID copy and proof‑of‑address for SIM registration (RICA) and keep them updated.

Failure to return the Device is charged at its replacement cost.

7. Money‑back Guarantee (7 days)

New Clients may request a 100% refund of the first payment within 7 days; refunds are processed within 5–7 Business Days via the original payment method.

8. Payment, VAT & Indexation

Prices exclude VAT. Invoices are due within 7 calendar days; any bank transfer or foreign‑exchange charges are borne by the Client. After 12 months the fee may be indexed no more than once per year and not higher than CPI + 2% (30‑day notice).

9. Debt‑collection Costs

If payment is overdue by more than 30 days, the Client reimburses MONITOR STS for actual collection and attorney fees (attorney‑and‑own‑client scale).

10. Service Level (SLA)

Service uptime ≥ 99% per calendar month; response to critical incident ≤ 4 hours.

11. Planned Maintenance

01:00–04:00 SAST, possible interruption ≤ 30 minutes. Works exceeding 30 minutes — 48‑h notice.

12. Limited Hardware Warranty

12 months for manufacturing defects; excludes damage, improper installation, tampering.

13. Theft or Loss of Device

The Client must report theft/loss within 24 hours; MONITOR STS blocks the SIM and provides data to police upon request.

14. Acceptable Use

Prohibited: unlawful tracking, reverse‑engineering, malware, DDoS attacks.

15. POPIA: Data Protection, Retention, Breach

Data is stored for 7 years or 90 days after deactivation, whichever is earlier. Data breach — Client and regulator notified within 72 h. Client may request a report or deletion.

16. Export Control & Sanctions

The Client shall not export or transfer the Device to sanctioned jurisdictions without all required permits of South Africa, the UN or OFAC.

17. Electronic Signature

Click‑wrap acceptance, checkbox or continued use constitutes a valid electronic signature (ECT Act §13).

18. Force Majeure

Neither party is liable for failure caused by force majeure; obligations resume once circumstances cease.

19. Limitation of Liability

Total liability of MONITOR STS is limited to the fees paid by the Client for the last 6 months. MONITOR STS is not liable for consequential losses (loss of profit, downtime, goodwill).

20. No Waiver

Failure to enforce any right once shall not constitute a waiver of future enforcement.

21. Assignment

The Client may not assign the Agreement without MONITOR’s written consent. MONITOR STS may cede rights to affiliates without prior consent.

22. Sub‑contractors

MONITOR STS may engage third‑party networks and security responders and is not liable for their actions beyond reasonable control.

23. Policy Variation

Changes take effect 30 days after notice; continued use constitutes acceptance.

24. Notices & Domicilium

Official domicilium of MONITOR STS: 301 BANDLE MARINE DRIVE, Summerstrand, Port Elizabeth 6001, RSA. Either party may change its domicilium by written notice, effective 10 Business Days after receipt. E‑mail notice is deemed delivered after 24 h; courier on day of confirmed delivery. The Client must keep e‑mail and postal address up to date.