DOCUMENT 1: TERMS AND CONDITIONS OF SALE & SERVICE

1. Introduction

This website is operated by Biometric 3G (PTY) LTD (Registration Number: 2012/197330/07) (referred to as “the Company, located at 12 The Hop Gardens, Fernridge, George. By purchasing Biometric Readers or subscribing to our services from this website, you (the “Customer”) agree to be bound by these Terms and Conditions. These terms are governed by the laws of the Republic of South Africa.

2. Payments and Hardware Orders

  • Payment Method: Hardware purchases must be paid strictly via secure online Electronic Funds Transfer (EFT).
  • Order Processing: Hardware orders will only be processed and dispatched once the full payment reflects and is cleared in our bank account.
  • Pricing: All prices displayed on our website are in South African Rand (ZAR) and exclude delivery fees unless stated otherwise.
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3. Shipping and Delivery

  • Courier Service: All deliveries within South Africa are handled by our designated partner, The Courier Guy.
  • Delivery Service Levels: We aim to ship via Overnight Express whenever possible. However, depending on box size, weight, and the delivery area (e.g., regional or outlying areas), shipping may default to an Economy Service.
  • Risk and Ownership: Risk in the products passes to the Customer upon physical delivery to the specified shipping address.
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4. 12-Month Limited Hardware Warranty

  • Warranty Period: All biometric readers carry a 12-month limited hardware warranty from the date of purchase.
  • What is Covered: This warranty covers manufacturing defects and component failures under normal operating conditions.
  • Warranty Exclusions: This warranty strictly excludes damage caused by:
    • Malicious damage, vandalism, tampering, or intentional misuse.
    • Water damage or exposure to environmental conditions outside the device’s IP rating specifications.
    • Power failure and electrical power surges (including, but not limited to, damage caused by load-shedding, grid instability, or lightning strikes).
  • Surge Protection: It is highly recommended that Customers install adequate surge protection and uninterruptible power supplies (UPS) to safeguard the electronic equipment.

5. Monthly Service Fees, Subscriptions, and Cancellation

Where applicable, the operation of the biometric readers requires an active service subscription, billed monthly in advance:

  • Inclusions: The monthly fee covers the software license, cloud server data storage, regular automated data backups, system integration features, and the provision of a SIM card with mobile data (where cellular-enabled hardware options are selected).
  • Billing and Payment: Monthly subscription fees must be paid by the 1st of every calendar month via the payment method designated by the Company.
  • SIM Data Limits: SIM card data is provided exclusively for the communication of the biometric reader to our cloud server. Any unauthorized usage, or data consumption exceeding standard operational thresholds, may result in additional charges or throttling.
  • Cancellation Policy: Either party may terminate the monthly service subscription by giving 30 days written notice via email to support@biometrics3g.com. The Customer remains liable for all fees due during this 30-day notice period.
  • Non-Payment and Data Restriction: Failure to pay the monthly fee by the due date will result in the immediate suspension of cloud access, software licenses, and SIM data. If a customer stops paying or falls into arrears, no data, logs, templates, or reports will be exported, sent out, or made accessible to the Customer until the account is settled in full.
  • Data Retention: If a subscription is cancelled or remains suspended for non-payment, the Company will retain the stored data and backups for a maximum of 30 days, after which the data will be permanently and securely deleted from our cloud servers.
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6. Returns and Consumer Protection Act (CPA)

  • Defective Goods: In accordance with Section 56 of the CPA, if a device is found to be defective within the first 6 months, you have the right to a repair, replacement, or refund, provided the defect is not a result of the exclusions listed in Clause 4.
  • Inspection: Returned devices will be subject to a technical assessment by our technicians to determine the cause of the failure before a warranty claim is approved.
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7. Data Privacy and POPIA Compliance

  • Data Hosting & Security: While the Company provides cloud server data storage and hosting as part of the monthly fee, the Customer remains the Responsible Party under the Protection of Personal Information Act (POPIA). The Customer is entirely responsible for obtaining the necessary legal consent from their employees/users before capturing and uploading their biometric or personal data.
  • Operator Role: The Company acts as the Operator under POPIA. We process and secure the hosted data using industry-standard encryption and security protocols, and will never share or access this data unless legally required or necessary for technical support.

8. Limitation of Liability

The Company will not be held liable for any indirect, incidental, or consequential losses (including loss of business, data corruption, network downtime, or security breaches) resulting from the use, installation, or failure of the biometric hardware or cloud software services.