Rental Agreement Terms

These Rental Agreement Terms apply to all hardware rental agreements entered into with TimeWorks Data Solutions (Pty) Ltd ("TimeWorks"). They must be read together with our General Terms and Conditions. These terms comply with the Consumer Protection Act 68 of 2008 (CPA), including the provisions relating to fixed-term agreements under Section 14.

1. Equipment Description

Your rental agreement will specify the exact equipment included in your rental package. A standard TimeWorks rental package typically includes one or more of the following components:

• POS terminal (touch screen and/or conventional display).
• Thermal receipt printer.
• Cash drawer.
• Barcode scanner (where applicable).
• Customer-facing display (where applicable).

The specific equipment included in your rental is listed on your signed rental agreement. TimeWorks reserves the right to supply equivalent substitute equipment of equal or greater specification if the exact model is unavailable, provided this does not materially reduce functionality.

2. Rental Period

Rental agreements are available on the following bases:

• Fixed-term - typically 12 or 24 months. In compliance with the CPA, fixed-term agreements will not exceed 24 months unless you expressly request and consent to a longer period in writing, and TimeWorks demonstrates a demonstrable financial benefit to you for the extended term.
• Month-to-month - rolling monthly rental with no fixed end date.

The rental commencement date is the date on which equipment is delivered and installed at your premises. The end date for fixed-term agreements is calculated from the commencement date.

3. Monthly Rental Fees

All monthly rental fees are quoted inclusive of VAT at the prevailing rate. Your monthly fee is set out in your rental agreement and includes the following:

• Use of the rented equipment for the agreed rental period.
• Routine maintenance and technical support for equipment faults (excluding damage - see Section 4).
• Swap-out service - where a rented unit develops a fault that cannot be resolved remotely or on-site within a reasonable timeframe, TimeWorks will provide a replacement unit.
• Hardware insurance against theft and accidental damage (subject to the exclusions in Section 9).

Monthly rental fees are payable in advance by debit order or EFT on the agreed payment date each month. TimeWorks will provide at least 30 calendar days' written notice of any change to monthly rental fees. Annual fee adjustments linked to CPI are permitted and will be communicated in advance.

4. What Is Excluded from the Rental

The following items and costs are not included in the monthly rental fee:

• Consumables - thermal paper rolls, receipt rolls, labels, ink ribbons, and similar consumable items are excluded and must be purchased separately.
• Damage beyond fair wear and tear - physical damage caused by misuse, negligence, or accident is not covered and will be invoiced separately.
• Power surge damage - damage caused by power surges, lightning, unstable power supply, or generator switching is excluded. TimeWorks strongly recommends fitting equipment with a suitable UPS.
• Software licences - POS software licences are separate from hardware rentals unless explicitly bundled in your agreement.
• Connectivity - internet or network connectivity costs are not included.
• Unauthorised modifications - any repairs or modifications carried out by a party other than TimeWorks without prior written approval.

5. Delivery and Installation

TimeWorks will deliver and install the rented equipment at the address specified in your rental agreement. Delivery and installation within the Cape Town metropolitan area is included in the setup fee quoted. Installations outside the Cape Town metro area are subject to a travel and logistics surcharge.

You are responsible for ensuring that the installation site has appropriate power supply, network connectivity, and sufficient space. A site that is not ready on the scheduled installation date may incur a rescheduling fee.

6. Use of Equipment

You agree to use the rented equipment only for legitimate business purposes at the address specified in your rental agreement. You may not:

• Relocate equipment to a different address without TimeWorks's prior written consent.
• Modify, alter, or tamper with the equipment in any way.
• Sublet, loan, or transfer the equipment to any third party.
• Use the equipment in a manner that voids the manufacturer's warranty.
• Allow any party other than a TimeWorks-authorised technician to carry out repairs or technical work on the equipment.

7. Maintenance and Support

Routine maintenance and support for rented equipment is included in your monthly rental fee. TimeWorks provides:

• Remote support via phone and remote desktop during business hours (Monday to Friday, 08:00 to 17:00; Saturday, 09:00 to 13:00).
• On-site support within the Cape Town metropolitan area - target response time of same business day for critical faults reported before 12:00, next business day for faults reported after 12:00.
• Swap-out of faulty units where on-site repair is not possible within 24 hours.

Support for issues caused by excluded events (damage, power surges, software outside scope) will be quoted separately.

8. Ownership

The rented equipment remains the sole property of TimeWorks at all times. Nothing in this agreement transfers any ownership interest in the equipment to you. You have no right to sell, mortgage, pledge, or otherwise encumber the equipment.

9. Insurance and Risk

TimeWorks maintains insurance on rented equipment covering theft and accidental damage during normal business use. In the event of a claim, you must:

• Report the loss or damage to TimeWorks within 24 hours of discovery.
• In the case of theft, provide a certified copy of the South African Police Service case number within 48 hours.
• Cooperate fully with any insurance investigation.

Insurance does not cover damage caused by your negligence, intentional acts, or excluded events listed in Section 4. You may be held liable for the cost of replacing equipment damaged through negligence or misuse.

10. Cancellation by You (CPA Section 14)

In accordance with Section 14 of the Consumer Protection Act, you have the right to cancel a fixed-term rental agreement at any time by giving TimeWorks 20 business days' written notice to send us a message.

Upon cancellation, TimeWorks may charge a reasonable cancellation fee. The cancellation fee is calculated as follows:

• The cancellation fee will not exceed the actual costs TimeWorks has incurred as a direct result of the early cancellation, including reasonable administration costs and the cost of any promotional benefits extended to you at the start of the agreement.
• The cancellation fee will not exceed the amounts that would have been payable over the remaining contract period.
• The exact cancellation fee will be communicated to you in writing within 5 business days of receiving your cancellation notice.

Month-to-month agreements may be cancelled by giving 20 business days' written notice with no cancellation fee applicable.

11. Early Termination Fee Formula

For fixed-term agreements where you exercise your cancellation right under Section 10, the maximum early termination fee is calculated as:

Maximum Fee = Remaining Months x Monthly Rental x 10%
Capped at TimeWorks's actual documented loss arising from the early termination.

For example: if 6 months remain on your agreement at a monthly rental of R1,500, the maximum early termination fee would be R900 (6 x R1,500 x 10%), subject to actual loss verification.

12. End of Term Options

When your fixed-term rental agreement reaches its end date, you may choose from the following options:

• Return the equipment - arrange a collection date with TimeWorks within 10 business days of the end date. No further charges apply after the equipment has been collected.
• Purchase the equipment - purchase the equipment outright at its residual value, which will be quoted by TimeWorks prior to the end date.
• Renew the agreement - enter into a new fixed-term or month-to-month rental agreement, which may include upgraded equipment.

If you do not exercise one of these options and continue to use the equipment beyond the end date without a new agreement in place, the agreement will automatically convert to a month-to-month arrangement at the prevailing monthly rental rate.

13. Return Condition

When returning rented equipment, it must be returned in good working condition, allowing for normal fair wear and tear consistent with reasonable business use. You are not responsible for minor cosmetic wear from normal use.

If equipment is returned with damage beyond fair wear and tear, TimeWorks will conduct a damage assessment and provide you with a written report. Repair costs for damage beyond fair wear and tear will be invoiced to you.

Equipment must be returned with all original accessories, power adapters, and cables included in the original delivery. Missing accessories will be charged at replacement cost.

14. Renewal Notification

In accordance with the CPA, TimeWorks will notify you in writing between 40 and 80 business days before the end of your fixed-term agreement. This notice will:

• Inform you that the agreement is approaching its end date.
• Outline your options (return, purchase, or renew).
• Confirm the monthly rental fee that will apply if the agreement converts to month-to-month.

If you do not receive this notice within the required window, please contact us at send us a message so we can ensure you have all the information you need before your agreement ends.

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