TERMS & CONDITIONS – RESIDENTIAL AND BUSINESS

1 CONVENTIONAL METERING

1.1 The consumer/owner acknowledges and accepts that these “Terms and Conditions” read together with the Agreement form constitutes the whole agreement, (hereinafter referred to as “the Agreement”) between the consumer/owner and the Service Provider (hereinafter referred to as “the parties”), and was read and understood.

1.2 No changes to the Agreement will be valid unless reduced to writing and signed by both parties.

1.3 The Service Provider reserves the right to amend these Terms and Conditions from time to time to adhere to any directive received and/or legislator requirement that may come into effect, and will inform the consumer/owner should such changes occur.

1.4 The Service Provider will, upon signing of the Agreement by the consumer/owner, render and/or deliver the requested services and deliver to the consumer/owner on a monthly basis a utility invoice for its consumption of the period specified on such monthly utility invoice.

1.5 The consumer/owner is liable for consumption charges on the premises, from the date when consumption commences, until the date of the final meter reading when the consumer/owner ceases to consume utilities at the premises. Please see section 5 below for the Vacating of Premises procedure.

1.6 The reading (photo will be available upon request) of a meter shall be prima facie proof of the consumer/owner’s consumption on the premises and it will be necessary upon the consumer/owner to prove otherwise.

1.7 In the event of a dispute on the consumer/owner’s utility invoice, the consumer/owner is not entitled to withhold payment until settlement of the dispute, and must continue to settle the charges due in full while the disputed matter is being investigated, and/or settled.

1.8 The Service Provider will accept the installed capacity to the consumer/owner’s premises as the relevant supply size when determining the applicable tariff. It is therefore accepted that the installed supply size is contractually agreed upon between the consumer/owner, and the landlord / owner of the premises. It is the consumer / owner’s responsibility to apply for a reduced or increased capacity with the landlord / owner of the premises, given that:

1.8.1 it is allowed by the landlord / owner of the premises in accordance with the lease agreement; and/ or

1.8.2 it is allowed by the Local Supply Authority; and/or

1.8.3 any reduction or increase in a consumers / owners’ Notified Maximum Demand (NMD) will be done in accordance to the NMD rules as set out by the Local Supply Authority; and/or

1.8.4 it will not affect the operational ability of the consumer/ owner; and/or

1.8.5 that all electrical installation rules according to SANS 10142 are abided by; and/or

1.8.6 if no NMD is available, then the Service Provider will accept that the NMD is equal to the installed capacity.

1.9 The Service Provider operates according to the official by-laws of the Local Supply Authority.

1.10 If the consumer/owner at any stage consumed water and/or electricity without it being metered, either through a mechanical fault on the part of the metering equipment or for whatever other reason, the Service Provider will be entitled to calculate the average consumption for the premises over the last 6 months prior to the period of faulty metering and the average usage multiplied by the tariff will constitute the consumers/ owners’ indebtedness.

2 DEPOSIT

2.1 The Service Provider is entitled to collect a risk deposit from the consumer / owner, which is calculated in accordance with the relevant consumer qualification, unless otherwise agreed upon between the property owner and the Service Provider.

2.2 Deposits are non-interest bearing.

2.3 Deposits are subject to annual revision and can be adjusted up to 3 (three) times the average value of the account calculated over a 6 (six) month period.

2.4 Deposits are refundable within 45 (forty-five) business days after the following conditions have been met:

2.4.1 written notification for the cancellation of this agreement (please see section 5 below) – minimum 14 (fourteen) days prior to vacating the unit / premises; and

2.4.2 the final utility invoice has been settled in full.

2.5 Should the consumer/owner pose a risk due to poor or non-payment, the consumer/owner will be liable to pay an increased non-interest-bearing risk deposit to the Service Provider, reflective of the risk posed.

2.6 No deposit will be required if a SOS Prepaid Solutions prepaid meter is installed in the unit, in the case of another company a risk deposit will be required.

3 PAYMENTS

3.1 The consumer/owner is liable for consumption charges on the premises, according to the meter reading, from the date when consumption commences, until the date of the final meter reading when the consumer/owner ceases to consume utilities at the premises.

3.2 Payments due to the Service Provider must reflect on the Service Provider’s bank statement on or before the due date as stipulated on the consumer / owner’s monthly utility invoice.

 3.3 The Service Provider supplies utility services under the incidental credit section of the National Credit Act (No 34 of 2005) and interest on overdue payments will be charged by the Service Provider as allowed for in this Act.

3.4 The consumer/owner is responsible for using the correct reference number when making payments, as stated on their monthly utility invoice.

3.5 Monthly utility invoices serve as notice for payment on the stipulated date. The Service Provider is therefore not obligated to carry out additional procedures to request outstanding payments, as the invoice already contains all the relevant information required.

3.6 The consumer/owner is not allowed to withhold payments if no invoice has been received, and it is the consumer/ owner’s responsibility to inform the Service provider if he/she does not receive their monthly utility invoice.

3.7 Monthly invoices can be paid via EFT, Cash deposit at our bank or via debit order to the Service Provider. A Debit Order Authorization form can be obtained from our SOS Prepaid Solutions office, or on our website

4 VACATING OF PREMISES

4.1 A Vacating of Premises form needs to be completed by the account holder or duly authorized representative and sent to the Service Provider no less than 14 (fourteen) days prior to the consumer/owner vacating the premises.

4.2 A Vacating of Premises form can be obtained from the SOS Prepaid Solutions office, or on our website

4.3 A consumer/owner will be held responsible for the full payment of utility invoices until such time that the Service Provider has received the Vacating of Premises form.

4.4 SOS Prepaid Solutions will not be liable to refund you the consumer / owner for the remaining credits on your prepaid meter.

 

5 CREDIT CONTROL

5.1 It is agreed between the parties that the Service Provider will be entitled to disconnect electricity supply in the following instances:

5.1.1 where the consumer/owner fails to sign and complete the Agreement; and/or

5.1.2 where the consumer/owner’s utility invoice payment does not reflect on the Service Provider’s bank statement on or before the payment due date; and/or

5.1.3 where the consumer/owner’s utility payment does not reflect the full amount owing; and/or

5.1.4 non-payment and/or short payment of the required risk deposit; and/or

5.1.5 in the event of the Service Provider suspecting and/or proving that metering equipment has been tampered with; and/or

5.1.6 where the consumer/owner has acquired utility supply illegally.

5.1.7 in the event of the provision of false information by the consumer/owner in the Agreement.

5.2 Reconnections of utilities will only be carried out during business hours and may take up to 48 business hours after payment has been received by the Service Provider.

5.3 In the event where a consumer/owner defaults on their utility account, credit control action will be instituted for the collection of outstanding amounts. A credit control action fee will be charged to the account holder’s account for any credit control notices sent. A disconnection and/or reconnection fee and an increased risk deposit (where applicable) will be payable should the Service Provider disconnect the supply due to non/short payment.

5.4 A consumer/owner who fails to make timely payments as per their monthly utility invoice, accepts that they may be listed with the National Credit Bureau. An administration fee will be charged for the listing procedure, for which the consumer/owner will be liable for.

5.5 In the event of it being necessary to institute legal action against the consumer/owner in order to enforce the terms of this Agreement, the consumer/owner hereby consents to the jurisdiction of the Magistrate’s Court in terms of the provisions of Section 45 of the Magistrate’s Courts Act, irrespective of the amount of the claim and will also be liable to pay all legal fees incurred on an attorney and own client scale.

5.6 Should the consumer/owner enter into an Acknowledgement of Debt & Payment Agreement with the Service Provider, such agreement will serve as a legally binding document and must be adhered to with the conditions as set out in such agreement.

5.7 The Service Provider cannot be held liable for any form of loss or damage suffered due to:

5.7.1 the disconnection of electricity supply as a result of non-payment or short payment; and/or

5.7.2 the disconnection of electricity for non-allocation of payments, due to incorrect reference numbers used; and/or

5.7.3 the disconnection of electricity supply due to non-payment of risk deposits; and/or

5.7.4 the disconnection of electricity supply due to tampering of metering equipment.

  1. PREPAID METERING

6.1. I accept the terms and conditions as set out in the by-laws and regulations by the relevant City Council for the control of electricity and water, as revised from time to time.

6.2. I understand that this meter is a SUB METER and are not intended to replace any primary meter already installed by the local authorities.

6.3. Although all effort will be made to ensure that the correct tariff is loaded on the sub meter it is the responsibility of the owner to verify the correctness thereof.

6.4. If the Equipment was supplied and installed by SOS Prepaid Solutions, and it becomes faulty due to technical reasons, a new meter will be installed free of charge, save in the event of the meter becoming faulty or being damaged as a result of tampering, interfering illegal operation, abuse or the use of the meter contrary to the instructions of the manufacturer concerned. In such circumstances, a new meter will be reinstalled by SOS Prepaid Solutions but be invoiced at the full replacement and installation cost thereof which will then be payable to SOS Prepaid Solutions by the Owner/Client of the Premises. The Owner/Client concerned shall make its own arrangements to recover any such expenses from the consumer/occupant/party that was responsible for the damage caused to the Equipment concerned directly.

6.5. The parties acknowledge that SOS Prepaid Solutions is entitled to a service fee of 13% of your purchase to drive the vending services offered.

6.6. All damaged meters or faulty meters must be reported within 24 HOURS

6.7. SOS Prepaid Solutions have a R25 VAT inclusive maintenance fee that will be loaded monthly onto the meter. This maintenance fee will ensure that the meter will be replaced should it become faulty due to any event outside the manufacturing guarantee.

6.8. SOS Prepaid Solutions shall not be liable to the Owner/Client for any liability, loss, expense, claim, action or damage suffered or sustained by that party, or any other party, howsoever arising, unless such liability, loss, action, expense, claim or damage arises out of or pursuant to an intentional or grossly negligent wrongful act or omission of SOS Prepaid Solutions.

6.9. SOS Prepaid Solutions shall not be liable to the Owner/Client or any other party, in any circumstances whatsoever for any indirect, contingent or consequential loss sustained or incurred by such party howsoever arising, and of whatsoever nature, including but not limited to loss of profits, whether or not both parties or either party contemplated such losses or damages at any time.

6.10. I accept that in the event of unauthorized reconnection of services or tampering with meter and wiring, the end consumer will be fined R1000.00 and SOS Prepaid Solutions reserves the right to lay criminal charges and that I will be held liable for any damages as a result thereof.

  1. TARIFFS

7.1 The tariffs applied to the consumer/owner will be in line with the prescribed tariffs of the Local Supply Authority but will also be reflective of the actual cost to supply electricity to the end consumer.

7.2 The Service Provider accepts the installed capacity to the consumer’s premises as the relevant supply size when determining the applicable tariff. Tariffs are linked to the property and not the account holder. It is therefore accepted that the installed supply is contractually agreed upon between the consumer and the landlord.

  1. CREDIT CONTROL

8.1 It is agreed between the parties that the Service Provider will be entitled to disconnect electricity supply in the following instances:

8.1.1 where the consumer/owner fails to sign and complete the Agreement; and/or

8.1.2 in the event of the Service Provider suspecting and/or proving that metering equipment has been tampered with; and/or

8.1.3 where the consumer/owner has acquired utility supply illegally.

8.1.4 in the event of the provision of false information by the consumer/owner in the Agreement.

8.2 Reconnections of utilities will only be carried out during business hours and may take up to 48 business hours after payment has been received by the Service Provider.

8.3 In the event where a consumer/owner defaults on their utility account, credit control action will be instituted for the collection of outstanding amounts. A credit control action fee will be charged to the account holder’s account for any credit control notices sent. A disconnection and/or reconnection fee and an increased risk deposit (where applicable) will be payable should the Service Provider disconnect the supply due to non/short payment.

8.5 The Service Provider cannot be held liable for any form of loss or damage suffered due to:

8.5.1 the disconnection of electricity supply due to tampering of metering equipment.

 

  1. METERING EQUIPMENT

9.1 The Service Provider is entitled reasonable access to the premises for the connection / disconnection of services, reading of meters, inspections, maintenance and/or repairs of meters.

9.2 It is illegal to tamper with any metering equipment and unauthorized entrance to a meter room / enclosure is strictly prohibited.

9.3 In cases where it can be proven that metering equipment has been tampered with, or where electricity / water has been illegally acquired, the supply to the premises will be terminated and the Service Provider will impose a tampering fee for which the consumer/owner will be liable.

  1. POPI ACT

10.1 The Service Provider is a qualified entity in the business sector and therefore promotes mutual respect as well as fair and accurate business practice.

10.2 The consumer/owner is responsible to provide the Service Provider with any updates and/or information pertaining to new and/or additional contact information, to ensure an accurate client profile and communication. A Change of Personal Details form can be obtained from SOS Prepaid Solutions office, or on our website

  1. SURETY AND WARRANTY

11.1 Where the consumer/owner is a legal entity, the person signing any Agreement binds himself in person as surety and co-principal debtor, in solidium jointly and severally with the consumer/owner for all amounts due or obligations arising from the terms of this Agreement.

11.2 I/we renounce the benefits arising from the legal exceptions, exclusion, division, cession of action, errore calculi non causa debiti, revision of accounts and no value received, with the meaning of which I declare myself to be fully acquainted.

11.3 Where the consumer/owner is a legal entity, the person signing any Agreement warrants that he/she is duly authorised thereto. U