Exclusive Coastal Apartments

A coastal home-owners association was experiencing significant difficulties in recoveries of electricity utilities.

The Brief:
A leading KZN sectional titled development was experiencing severe under-recovery of electricity utilities. The metering system that was originally installed proved to be inefficient which led to problematic recoveries. Over time, the home-owners association suspected flaws in the wiring discrimination between units, believing that cross-contamination of metering was taking place between units.

Our Solution :
The original metering system was replaced entirely with Unimet’s metering equipment, and the SmartZone (our proprietary state of the art revenue management system that seamlessly integrates with all the metering equipment and automatically generates billing recoveries) was implemented. Various staff of the home-owners association were given comprehensive training of the system and an initial round of formal training was offered to the home owners and residents.

The Results:
The issues in the under-recovery of electricity utilities were resolved. With the meters in prepaid mode, the home-owners association has much-improved cashflow. Disputes with the residents are a thing of the past now that the home-owners are able to view real-time data relating to their consumption and billing. Top-up payments into the wallet are conveniently done online which alleviates frustrations of having to purchase tokens from non-local facilities.

Terms and Conditions

Thank you for your interest in Unimet Systems.

Before continuing to make use of www.unimetsystems.co.za (“Site”), please read the user agreement below.
Your use of our Site and Online Vending Platform (also known as our Smart Zone)(https://consumer.unimetsystems.co.za), as well as our Services Management Platform (https://portal.unimetsystems.co.za), indicates your acceptance of our Terms and Conditions, which we will assume that you have read, understood and accepted as binding on you, the User.

The Site is owned and operated by Unimet Systems (Pty) Ltd , currently trading as Unimet Systems.

TERMS AND CONDITIONS

1. DEFINITIONS :

1.1. “User” : shall mean each user of this Site, which includes but is not limited to a consumer purchasing prepaid services via this Site, via EFT, direct bank deposit and all other vending channels on offer via this Site.
1.2. “Unimet” : shall mean Unimet Systems (Pty) Ltd, a company incorporated in the Republic of South Africa.
1.3. “Site” : shall mean this website and all other websites that are the property of Unimet in the broadest sense possible.
1.4. “Third Party” : shall mean any other party that Unimet Systems (Pty) Ltd interfaces with in order to ensure service is provided to the User, which include but may not be limited to Property Landlords, Municipalities, Private metering companies, Mobile phone networks, Internet platforms, Vending companies contracted by municipalities, telephone networks, communication networks and Smart metering providers.
1.5. “Communication” : shall mean the communication channel utilised by Unimet for the delivery of Prepaid Vending Tokens, which will be through e-mail and SMS.
1.6. “Prepaid Vending Token” : shall mean a sequence of numbers sent by Unimet to the user via an electronic medium, (including but not limited to an sms by mobile phone, an email or any message via a choice of other electronic platforms) which constitute an encrypted key for the recharging of meters with prepaid credits.
1.7. “This/The Website” : shall have the same meaning as Site.
1.8. ” Website Owner” : shall mean Unimet Systems (Pty) Ltd.
1.9. “Utility” : shal mean any service or product provided by the Utility Supplier which may include but is not limited to electricity, water and gas.
1.10. “Utility Supplier” : shall mean the actual provider of the utility for which the User is the consumer of.
1.11. “Meter” : shall mean the device installed at the premises being made use of by the User, for the purposes of calculating, reading, monitoring and/or controlling the relevant Utility supplied.
1.12. “Token” : shall have the same meaning as Prepaid Vending Token
1.13. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word have a corresponding meaning.
1.14. The headings do not govern or affect the interpretation of this Agreement.
1.15. Unless the context indicates otherwise, an expression which denotes any gender includes the other; reference to a natural person includes a juristic person; the singular includes the plural and the plural includes the singular.
1.16. If any provision in a definition confers rights ir imposes obligations on any Party, effect is given to it as a substantive provision of this Agreement.
1.17. A reference to a Party includes that Party’s successors-in-title and permitted assigns.
1.18. The rule of interpretation that, in the event of ambiguity, the Agreement must be interpreted against the Party responsible for the drafting of the Agreement does not apply.
1.19. The termination of this Agreement does not affect those of its provisions which expressly provide that they operate after termination, or which must continue to have effect after termination, or which must by implication continue to have effect after termination.

2. DESCRIPTION OF SERVICES

2.1. Unimet is a business in the metering and prepaid vending industry for the supply of smart meters and metered utilities on a prepaid basis.
2.2. Unimet offers the User the option to purchase Prepaid Vending Tokens for utilities relating to meters controlling and metering such utilities.
2.3. The User may utilise the website for the purposes of purchasing Prepaid Vending Tokens.
2.4. The purchase of Prepaid Vending Tokens are meter-specific and cannot be transferred for the use at any meter other than the specific meter for which the Prepaid Vending Token was purchased.
2.5. Unimet acts on behalf of various Utility Suppliers (including but not limited to suppliers of electricity, water and gas) but is not the actual supplier of such utilities. Unimet’s service is the supply of Prepaid Vended Tokens on behalf of the Utility Supplier. In this regard
2.5.1. Unimet takes no responsibility and makes no warranties for the actual supply of utilities, which responsibility rests on the Utility Supplier;
2.5.2. Unimet takes no responsibility for any interruption in the supply of any utility.
2.5.3. Unimet is indemnified from all liability for any damages and/or losses and/or inconvenience suffered by the User due to any interruption in their utilities from any cause whatsoever.

3. SERVICE DELIVERY POLICY FOR TOKENS

3.1. Unimet offers the User the option to purchase Tokens for various utilities that are supplied to the User by his Utility Supplier on a prepaid basis.
3.2. Unimet can only supply Tokens to Users whose Utility Supplier has contracted with Unimet for such purposes and as such Users are unable to purchase Prepaid Vending Tokens for utilities whose Utility Supplier has not contracted with Unimet.
3.3. Subject to receipt of payment, Unimet shall provide the User with a Prepaid Vending Token within 30 minutes of a successful purchase, which shall be delivered to the User by SMS to the User’s registered mobile number and by email to the User’s registered email address (whichever applies). The Prepaid Vending Token is an encrypted code specific to the User’s registered meter.
3.4. The responsibility to activate the Token rests solely with the User. Activation takes place by keying the Prepaid Vending Token into the meter’s keypad in accordance with the manufacturer’s specifications.
3.5. Unimet will only generate a Token upon receipt of payment into its bank account.
3.5.1. In instances where payments are made to Unimet via EFT and such payment not reflecting into Unimet’s bank account, Unimet shall not generate a Token until such time as the funds reflect into its bank account, regardless of whether the User has supplied Unimet with proof of payment.
3.5.2. Unimet recommends the use of its Online Vending Platform as the most efficient option of purchasing Tokens.
3.6. Unimet can only generate Tokens for payments received with a correct payment reference number. In the event of payments made via its Online Vending Platform, the platform is designed to automate the payment reference and ensure the accuracy of such. However, for direct payments made by the User either by direct deposit or by EFT, the onus rests with the User to ensure the completeness and accuracy of the payment reference number.
3.7. The payment reference number referred to above, reflects on the Consumer Card issued by Unimet to the User at his initial registration with Unimet. The User may request a re-issue of such card from Unimet (fees may apply).
3.8. The purchase of Tokens via the Unimet Online Vending Plaform is subject to any payment ceilings or credit limitations imposed by the User’s bank, the Utility Supplier and/or the User’s utility meter/s.
3.9. Although every effort is made to ensure that the User receives the Token as immediately as possible, Unimet does not and cannot guarantee any turnaround time; the main reason for this being Unimet’s reliance on third parties.
3.10. In the event that the User has made a payment and has not received within 30 minutes a Token relating to such purchase, the User can contact for support.
3.11. The User may request his transaction history. Unimet shall supply such to the User within three business days of such request.

4. SERVICE RESPONSIBILITY

4.1. Subject to the terms and conditions of this agreement, Unimet is responsible for all aspects relating to transactions processed via PayGate, including the sale of goods and services, including customer service and support, dispute resolution and delivery of goods (where relevant).

5. PAYMENT OPTIONS ACCEPTED

5.1. Payment for services offered via the website and the Online Vending Platform may be made by Visa and MasterCard, as well as SID-Instant EFT (where applicable).
5.2. Payment for Tokens (in addition to the above) may be made by direct ATM (Automatic Teller Machine) deposit to the designated bank accounts of Unimet, as well as by EFT to the designated bank accounts of Unimet. In such event clauses 3.6 and 3.7 apply.
5.3. Payments by Bank Teller Deposit are not accepted.
5.3.1. In the event that any payment is made as a Bank Teller Deposit, the User shall be liable to the total deposit fees charged by the relevant bank, deductible from the deposit received. A Token for utilities shall then be issued from the balance of the funds after all other Fees have been charged.
5.4. Payments by cheque are not accepted.
5.4.1. Unimet will not be obligated to issue any Token for payments received by cheque and in such event will only do so
5.4.1.1. after funds have fully cleared and are available to Unimet ; and only
5.4.1.2. after all banking fees for the processing of such cheque are deducted from the deposit received.
5.4.2. In the event of any any cheque deposits that are made to Unimet by the User that are honoured by the bank, the User shall be liable for all bank fees incurred by Unimet in this regard. Unimet shall be entitled to withhold such fees from future purchases made by the User.
5.4.3. Unimet shall not refund the User for any payments made by cheque.
5.5. The User is responsible for all transactions done via all the payment channels with Unimet. If the User believes that there has been a breach of security such the disclosure, theft or unauthorised use of the User’s online banking details, credit/debit card details, the User must notify their bank immediately.

6. CARD ACQUIRING AND SECURITY

6.1. Card transactions will be acquired for Unimet via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

7. CUSTOMER DETAILS SEPERATE FROM CARD DETAILS

7.1. Customer details will be stored by Unimet seperately from card details which will be entered by the User on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

8. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

8.1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

9. FEES & CHARGES

9.1. All prices are inclusive of Value Added Tax (VAT).
9.2. The User is liable for all fees and charges (hereinafter referred to as the “Fees” ) associated with the provision of Tokens and services by Unimet and the User understands and accepts that he will be charged at the time of purchase for all such Fees.
9.3. The Fees shall be deducted first from the total value presented as payment, and the balance of such value shall then be applied for the generation of a Token (for the value of the balance of the payment after withholding of the Fees).
9.4. The provision of Tokens by Unimet is made possible by the use of and interaction with banking, payment processing, internet, communications, software management services and smart metering providers, and their associated services and infrastructure. Each of these Third Party service providers has its associated charges all of which are included in the Fees. In addition to the Third Party fees, Unimet is entitled to levy an additional charge for the provision of its Token vending services.
9.5. Unimet reserves the right to amend the Fees without prior notice.
9.6. Unimet does not decide on the tariffs of the utilities for which it vends Tokens. Such tariffs are set by the Utility Supplier. Any queries that the User may have in this regard, must be addressed by the User with his relevant Utility Supplier.
9.7. The User understands and accepts that different utilities have different tariff prices and that similar utilities may have different tariff prices depending on the tariffs and parameters set by the relevant Utility Supplier.
9.8. The User understands and accepts that utility tariff prices are adjusted at minimum every year in accordance with the policies of the relevant Utility Supplier, and Unimet disclaims any liability related in whatsoever way regarding such adjustments.
9.9. Utility tatiff prices shall be adjusted by Unimet in accordance with the policies of the relevant Utility Suppliers and Unimet is not responsible to give notice to the User in this regard.

10. RETURNS AND REFUNDS POLICY

10.1. Due to the consumable nature of utilities,
10.1.1. no cooling-off period as contemplated by Section 44 of the Electronic Communications and Transactions Act 25 of 2002 shall apply; and
10.1.2. no cooling-off period as contemplated in the South African Consumer Protection Act 68 of 2008 shall apply.
10.2. Once a User is supplied with a Token by Unimet, the activation and use of such Token is then under the control of the User. Accordingly
10.2.1. It is the User’s responsibility to activate the Token on his relevant meter; and
10.2.2. Unimet takes no responsibility and will not be held liable for any damages and/or losses suffered by the User directly or indirectly due to any Token that was not activated.
10.3. Each Token can only ever be used and activated once. After a Token has been activated, it cannot be used again. Should the User require the further supply of any utility, he shall need to purchase more Tokens.
10.4. Unimet shall not refund the User for any purchases. Once a Token is issued it is not refundable. However, should the User have misplaced the Token details, Unimet is able to provide the User with the details of the Token, upon request.
10.5. Due to the consumable nature of utilities, should the User purchase any Token in error or should the User purchase in excess of his requirements, this shall be solely the responsibility of the User. Unimet will not refund any Tokens issued under such circumstances.
10.6. Tokens are non returnable.

11. CUSTOMER PRIVACY POLICY

11.1. Unimet takes the User’s privacy seriously. We use the personal information that we collect from the User in accordance with this Privacy Policy.
11.2. Unimet shall take all reasonable steps to protect the personal information of the User. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from : http://www.polity.org.za/attachment.php?aa_id=3569.
11.3. The details of any User shall not be given to any Third Party except under the conditions in clause 11.6 herein.
11.4. All User personal information will be kept strictly confidential.Unimet will not sell, share or rent your personal information to any third party.
11.5. Unimet will not use the User’s email address for unsolicited mail. Any emails sent by Unimet will only be in accordance with the provision of the services of Unimet.
11.6. Personal Information will only be shared with any third party in the following circumstances
11.6.1. in terms of a court order, and/or
11.6.2. with the User’s express consent, and/or
11.6.3. in the normal course of business in order to generate and deliver a Token purchased by the User, and/or
11.6.4. to share the User’s purchase information and statistics (including but not limited to the meter number and address details) to the Utility Supplier, which in this event is already expected to have record of all the personal information of the User themselves.
11.7. Unimet will not be liable for any damages or losses suffered by the User, whether directly or indirectly, due to the incorrect information supplied relating to a User (whether supplied directly or indirectly by the User). Such information includes but is not limited to mobile numbers, email addresess, meter numbers and locations. Should the User become aware of such, he is required to contact Unimet to rectify the information, which can only de done once Unimet has followed the appropriate verification process.

12. AVAILABILITY

12.1. Unless otherwise stated, the services featured on this website are only available within the Republic of South Africa. Unimet reserves the right to expand its services beyond the borders of South Africa at any time without notice.
12.2. Unimet does not warrant the the services from this website will be uninterrupted, timely or error free, although it is provided to Unimet’s best ability.
12.3. Unimet reserves the right in its sole discretion to periodically suspend this website and the services offered via this website in order to perform routine maintenance and/or updates. Unimet will endeavour to the best of its ability to keep such suspension time as low as possible.
12.4. Unimet reserves the right in its sole discretion to periodically amend and/or suspend and/or terminate its products and services, without notice.

13. VARIATION AND DISCLAIMER

13.1. Unimet may, in its sole discretion, change this agreement or any part thereof at any time without notice. The revised agreement shall be posted on this website.
13.2. It is our aim to provide accurate and timely information, yet there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologise. We will endeavour to promptly correct such as soon as they come to our attention.
13.3. While Unimet makes all commercially reasonable efforts to ensure that all information provided by the Site is accurate at the time of its inclusion, there may be errors, inaccuracies or ommissions, in respect of which Unimet disclaims all liability.
13.4. Unimet relies on the services of Third Parties in the provision of its goods and services. Therefore, Unimet is unable to guarantee that such products and services are error-free and virus-free or that such products and services shall be provided accurately and timeously. Although Unimet makes best efforts to ensure the best service possible free from errors or ommissions, it disclaims all liability that may arise from such.

14. USE OF THE SITE

14.1. By the User accessing the website, the User warrants and represents to the Website Owner that the User is legally entitled to do so and to make use of the information and services made available via the website.
14.2. By the User accessing the website, the User warrants that he is of sound mind and legal standing to access this website and make use of the information and services made available via the website.
14.3. The Website Owner makes no warranties, representations statements or guarantees (whether express, implied, in law or residual) regarding the website.
14.4. The Website Owner, its directors, employees and associates, shall not be responsible for and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any party (including the User’s company and/or User’s employer, and/or the User’s family, associates, residents or tenants), as a result of which may be attributable, to the User’s access and use of the website, any information contained on the website, the User’s personal information or the User’s company’s information or material information transmitted over the website.
14.5. With regards to the website as well as all services made available via the website, neither the Website Owner, its directors, employees and associates, nor any third party, shall be liable in any way to the User, third party, any natural person, or any juristic person whotsoever for any loss, liability, damage (whether direct, indirect or consequential) personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in or ommission of any information or the transmission thereof, or for any actions taken in reliance thereon or occassioned thereby or by reason of non-performance or interruption or termination thereof.
14.6. In terms of Chapter 8 of the Electronic Communication and Transactions Act 25 of 2002, appropriate action shall be taken against any person that delivers or attempts to deliver any damaging code to the Site or attempts to gain unauthorised access to any page on the Site.
14.7. External links may be provided on the Site for the User’s convenience, but they are beyond the control of the Website Owner and no representations is made as to their content. Use or reliance on any external links and the content thereon provided is at the User’s sole and own risk. Unimet has not endorsed their content, products or services and their accessibility via the Site should not be construed as having done so.
14.8. Information provided by Unimet does not constitute legal or professional advice and should not be relied upon without taking indipendant advice.
14.9. While the Website Owner takes all reasonable steps to safeguard the security of any information transmitted via the Site, it takes no responsibility or liability whatsoever for any loss, liability, damage (whether direct, indirect or consequential) personal injury or expense of any nature whatsoever arising, as a breach of the confidentiality of such information, suffered by the User, Third Party or any other person.

15. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

15.1. Unless it is indicated otherwise, all website materials are the copyright property of Unimet. ALL RIGHTS RESERVED. The User may print a hard-copy or make an electronic copy of excerpts of this website, but only for personal and non-commercial use, and provided that all copyright and proprietary notices are retained and the materials and content thereof is not modified. Any other use of the materials and content on the website (including but not limited to any reproduction other than that described herein, commercial use, modification, distribution, display, republication or performance) without prior written permission of Unimet is strictly prohibited.
15.2. Unimet retains all intellectual property rights (including the goodwill associated with those rights), with respect to any data, content, technology, icons, logos, graphics, and hyperlinks on the Site, as well as all related inventions, copyrights, patent rights, designs (including software and hardware), trademark rights, and other intellectual property right therein and thereto, including all moral rights.
15.3. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Site are registered and unregistered trademarks of the Website Owner. Nothing contained on this Site should be contrued as granting any licence or right to use any trademark without the express prior written permission of the Website Owner.
15.4. Neither the User nor any person, whether juristic or natural, may ‘mirror’ or framing any content on the Site on any server or service in the broadest interpretable sense.
15.5. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject any person contravening this provision to criminal prosecution as well as to personal liability for damages.

16. COUNTRY OF DOMICILE

16.1. This website is governed by the laws of South Africa and Unimet chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communications of whatsoever nature :
Care of Martini Patlansky Attorneys
The Borbereki House, 32 St. John Road, Houghton,
Johannesburg.

17. COMPANY DETAILS

17.1. This website is run by Unimet Systems (Pty) Ltd, based in South Africa trading as Unimet Systems and with registration number 2015/113006/07 with E.Sorban Vagis and R.Sorban as directors.
17.2. Unimet Contact Details
17.2.1. 25 Friedland Avenue, Cyrildene, Johannesburg
17.2.2. www.unimetsystems.co.za
17.2.3. 0861-UNIMET ; 0861-864-638
17.2.4. support@unimetsystems.co.za

18. TERMINATION OF AGREEMENTS

18.1. Since Unimet acts as an agent on behalf of Utility Suppliers, the provision of Tokens to the User via Unimet, is determined in accordance with any contracts entered into between Unimet and the relevant Utility Supplier. In accordance with this, the User does not have the right to terminate this agreement, and the terms of this agreement govern the relationship between Unimet and the User for the duration that of the active relationship between Unimet and the relevant Utility Supplier.
18.2. Unimet and the relevant Utility Supplier have the right to terminate their mutual services contract in accordance with the provisions of such contract, including the services that are already underway. In such event,
18.2.1. the User may or may not (as the case may be) be able to purchase Tokens from Unimet subsequent to the termination of such services contract.
18.2.2. Unimet shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential) personal injury or expense of any nature whatsoever suffered by the User in this regard. Unimet shall however make its best endeavours for ensure a smooth transition for the User.

19. DISPUTES

19.1. Unimet is constantly striving to provide the best service possible and welcomes all legitimate matters of concern to be brought to the attention of Unimet for their speedy resolution. However, should such concern not be able to be amicably resolved between the User and Unimet, then the balance of this clause shall apply.
19.2. All disputes which may arise between the User and Unimet (the “Paties” collectively and “Party” singularly as the context indicates) out of or in relation to this agreement or the interpretation thereof or any breach thereof or its termination, both while in force and after its termination, shall be determined by way of mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
19.3. Each party agrees that such mediation shall be held as an expedited mediation in Johannesburg, South Africa, unless otherwise mutually agreed to by Unimet and the User, and in accordance with the rules for expedited mediation of AFSA.
19.4. Should the Parties fail to resolve the dispute after referral to mediation, then any Party shall be entitled to refer the dispute for resolution by way of arbitration in accordance with the rules of AFSA.
19.5. The parties agree that the arbitration shall be held as an expedited arbitration in Johannesburg in accordance with the then current rules for arbitration for of AFSA by one arbitrator appointed by agreement between the Parties, including any appeal against the arbitrator’s decision and the costs of the arbitration and any subsequent appeals shall be for the account of each party respectively.
19.6. If the Parties cannot agree on the arbitrator within a period of 14 (fourteen) days, after the referal of the dispute to arbitration, the arbitrator and any appeal abitrators shall be appointed by the Secretariat of the AFSA.
19.7. Although each Party must bear its own costs in connection with the arbitration, the arbitrator’s charges and all other costs in connection with the arbitration must be borne by the parties in equal share. The arbitrator shall, however, order any Party which initiates or defends an arbitration vexatiously or frivolously, to pay all of the costs and charges including the costs of the other Party on an attorney and own-client scale.
19.8. The arbitrator shall have the powers conferred upon an arbitrator under the Arbitration Act of 1965, but shall have the discretion to decide on the procedures that he may consider desirable for the speedy and fair determination of the dispute.
19.9. Notwithstanding the provisions of clause 19 herein, nothing contained in this clause shall preclude any Party to seek interim relief in a court of law in respect of urgent matters, by way of an interdict or mandamus, pending the finalisation of the dispute resolution process.

20. GENERAL

20.1. This agreement with Unimet will not in any way over-rule, eliminate or adjust the terms and condition of any agreements entered into by the User with his bank, his Landlord, his Municipality or any other service provider.
20.2. Any provision of any relevant terms and condition in this agreement, or policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, unlawful or for any reason whatsoever, shall in such jurisdiction and only to the extent that it is so unenforceable, be treated as void, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
20.3. The terms and conditions of this agreement apply in each and every instance of use and access by the User of the Site and services of Unimet.
20.4. The User’s use of the Site and Unimet Online Vending Platform (also known as our Smart Zone), as well as the Unimet Services Management Platform, indicates the User’s acceptance of Unimet’s Terms and Conditions, which will assumed that the User has read, understood and accepted as binding on him.