SUBSCRIPTION CONTRACT AGREEMENT

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CONTRACT SUBSCRIPTION AGREEMENT.

GLOBAL MEDIA MARKETING GROUP (PTY) LTD

(Hereinafter referred to as the “Client”)

And

(ID Number: —————————————-)

(Hereinafter referred to as the “Subscriber”).

TABLE OF CONTENTS.

Description Page

DEFINITIONS——————————————————————————————-3
APPOINTMENT—————————————————————————————-4
COMMENCEMENT AND DURATION————————————————————–4
RIGHTS AND OBLIGATIONS OF THE CLIENT—————————————————–5
RIGHTS AND OBLIGATIONS OF THE CONTRACTOR——————————————–5
FINANCIAL PROVISIONS——————————————————————————6
INDEMNITY———————————————————————————————-6
STATUS OF PARTIES———————————————————————————–6
CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY—————————-6
RESTRAINT———————————————————————————————–7
BREACH—————————————————————————————————7
FORCE MAJEURE—————————————————————————————-8
MISCELLANEOUS—————————————————————————————-9
COSTS—————————————————————————————————–10
ANNEXURE A: SERVICE DESCRIPTION————————————————————-11
ANNEXURE B: PAYMENT PROVISIONS————————————————————12

DEFINITIONS.
- The following terms shall have the meaning assigned to them hereunder and cognate expressions shall have corresponding meanings namely:
- “Agreement” means Subscription Agreement and all annexures hereto;
- “Services” means the service that will be provided by Global Media Marketing Group (Pty) Ltd as per provisions of Annexure A hereto;
- “Commencement Date” means ———————-20—- (Insert Date)
- “Termination Date” means ——————————— 20—- (Insert Date)
- “Confidential Information” means all information relating to the business conducted by Global Media Marketing Group (Pty) Ltd that is reasonably regarded as confidential, being information not in the public domain, together with the possible or likely function, purpose or application of that information, within the current activities of the Client or field to which the activities of the Client may reasonably extend from time to time, any part or improvement to that information, whether such information, is oral or written, recorded (in whatsoever format) or not;
- “Days “means any day of the week, excluding Saturdays, Sundays and Public Holidays;
- “Parties” means collectively all the Parties to this Agreement, and Party means any one of them as the context may require;
- “Date of Signature” means the date on which the last signing party signs this Agreement; and
- “Intellectual Property” means all Confidential Information of the Client, its client information, sales and retention methodology of the client, pricing structure of the Client, services provided to the Client’s clients, all or any trademarks in respect thereof (whether registered or unregistered) and such other names, designs, logos, slogans, labels and any other names or symbols as are invested, devised, discovered, developed, authorized or otherwise created and used by the Client.
- In this Agreement, unless the context otherwise indicates:
- Heading to the clauses of this Agreement are for purposes of convenience and reference only, and shall not be used to assist with the interpretation of the terms of this Agreement;
- Words importing:
- Any one gender shall include the other gender;
- The singular includes the plural and vice versa; and
- Natural persons include juristic entities and vice versa
- Words and phrases used in the Agreement shall bear the meaning assigned to them; and
- Words and phrases used in this Agreement that are defined in any statute, which

Applies to the subject matter, professional person, goods and services provided in this Agreement shall be construed in accordance with the applicable statute or regulations.

In the event of a conflict arising between the terms of the main Agreement and annexure thereto, the terms of the main Agreement, shall supersede those of the annexure.
Expressions defined in this Agreement shall bear the same meaning in schedules or Annexures which do not themselves contain their own definitions.
Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that such term has not been defined in this clause.
The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the Agreement, shall not apply.

POINTMENT.

The Subscriber hereby appoint Global Media Marketing Group (Pty) Ltd in the capacity of Service Provider, in accordance with deliverables, timeframes and specifications as more fully set out in Annexure A hereto, and Global Media Marketing Group (Pty) Ltd agrees to provide such Services to the Subscriber on the terms and conditions recorded in this Agreement and its annexures.

COMMENCEMENT AND DURATION.
- This Agreement shall commence on the Commencement Date, notwithstanding the signature date hereof, and shall endure until:
  - The Termination Date;
  - Either Party terminates this Agreement in accordance with the provisions of clause 12 below.

SUSPENSIVE CONDITIONS.
- This Agreement and the Appointment of Global Media Marketing Group (Pty) Ltd in terms of this Agreement is subject to Global Media Marketing Group (Pty) Ltd meeting the following qualifying criteria:
  - The Subscriber agrees all the terms and conditions as required by the Subscriber.
  - The Subscriber making payment to Global Media Marketing Group (Pty) Ltd settled in the Subscription Payment Options and Service Options chose by the Subscriber and specified fully in “ANNEXURE B” (Payment Provision).

SERVICE SUBSCRIPTION OPTIONS:

1) ORDINARY SUBSCRIPTION:

* Price: R135 per Month.

* No Stolen Vehicle Recovery Services.

* No Backup Services.

* No Insurance Services.

2) SPECIAL SUBSCRIPTION:

* Price: R375 per Month.

* Stolen Vehicle Recovery Services Included.

2 Tracking Devices in one Vehicle included.

3) EXTRA SERVICES SUBSCRIPTION:

* Price: R779 per Month.

* Insurance Services Included.

* Stolen Vehicle Recovery Services Included.

* Backup Service Included.

2 Tracking Devices in one Vehicle Included.

NOTE: Terms and Conditions, the Subscriber must be subscribed for 6 Months to be covered for “Insurance Services “

The Extra R228 will be added on the first Monthly deduction for every subscription category as a guarantee of the device and the following deductions Monthly Subscription Fees will be deducted normally as agreed on the chosen category option.

The Subscriber agree to provide to Global Media Marketing Group (Pty) Ltd with His/ Her “Confidential Information” specified in this clause as:

* Banking Details:

-Proof of Income (Payslips).

-3 Months Bank Statement.

-Bank Account Number.

-Bank Account Holder Name.

-Bank Name.

*Identification Details:

Copy of His/ Her ID or Copy of His/ Her Drive License.

-Vehicle Model Name.

-Vehicle Color.

-Number Plate.

And Global Media Marketing Group (Pty) Ltd agree to keep the Subscriber “Confidential Information and not to share it with the third Party.

If the conditions precedent is not fulfilled then this Agreement shall cease to be of any force or effect and the Parties shall be restored to the positions in which they would have been had this Agreement not been entered into and neither Party shall have any claim of any nature against the other.

5.RIGHTS AND OBLIGATIONS OF GLOBAL MEDIA MARKETING GROUP (PTY) LTD:

Global Media Marketing Group (Pty) Ltd undertakes:

1). To be the “Service Provider”, means to provide such services like: Tracking Devices, Fitments on the Subscriber Vehicle.

2). To provide to the Subscriber with a reliable ” Tracking Platforms and Monitoring Methods.

3). To update the Subscriber if there is New upgrading of New Software or Tracking Features on the Tracking Platforms.

4). To provide to the Subscriber with the “Chosen Optional Subscription Services” such as:

* Stolen Vehicle Recovery Services; means “Involve the Law Enforcement” (Police) or Security Recovery Services (Armed Response) for the Subscriber’s Vehicle Recovery.

* To inform at all the time if there is “Bad Driving Behavior” such as Over Speeding or Geo Fencing’s Limitations and Suspicious Alarms Behavior.

5). To provide to the Subscriber with the “Insurance Subscription Services.

NOTE:

* The Service Provider (Global Media Marketing Group (Pty) Ltd does not cover or be responsible for the lost of Goods or Human Or Animals during Vehicle Hijacking or Human Trafficking Incident or Stolen Animals or Injuries; Or Car Accident.

* Global Media Marketing Group (Pty) Ltd will work in partnership with the Law Enforcement and the Security Recovery Company (Armed Response) by providing the accurate information of the “Fitted Tracking Vehicle Devices” Or “Fitted Tracking Human Devices” or “Fitted Tracking Animals Devices” in case these information are needed, and to make sure that the Subscriber Vehicle or Animals or Human has been recovered and monitored.

* The Service Provider (Global Media Marketing Group (Pty) Ltd will do the follow ups of the case with the Law Enforcement and the Security Recovery Company to inform and update the Subscriber at all the time in case of “Hijacking” or “Human Trafficking” or “Stolen Animal” and making sure that the Subscriber is satisfied and recovered.

6.RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER:

The Subscriber undertakes:

1) To maintain, at all times the highest degree of trust toward the Service Provider (Global Media Marketing Group (Pty) Ltd and to ensure that no conflict of interest materialises, and in the case of conflict of interest arising, to immediately advice the Service Provider (Global Media Marketing Group (Pty) Ltd of same.

2) To respect and observe all applicable Laws and Rules of any applicable professional regulatory body.

3) To provide with accurate information details requested by the Service Provider (Global Media Marketing Group (Pty) Ltd) such as:

* Vehicle Details Information Details such as the Vehicle Model Name, the Color of your Vehicle, the Number Plate of your Vehicle or any particular signs that maybe help in case of emergency.

* Human Information Details such as Human Name, Skin Color, Wearing Clothes Color, Color of His/ Her Eyes in case emergency.

* Animal Information Details such as the Name of the Animal, Color etc…

4). To make sure that there is “Fund” available in the Bank Account provided to the Service Provider (Global Media Marketing Group (Pty) Ltd for the “Monthly Fund Deduction” as set on the “Signed Date” of this Contract Subscription Agreement.

5) To respond on the messages sent or calls at all times in case of emergency and to be collaborative when needed at all times.

NOTE:

* Do not share your “Login Details App Information” to “Strangers” or Kids.

* The Tracking Device fitted on your Vehicle it’s rented to you only!

* Do not remove it on your Vehicle or your Pets or your Kids or your Loved ones without informing the Service Provider (Global Media Marketing Group (Pty) Ltd.

* Do not change your “Login App Information” such as “Passwords” without consulting or informing the Service Provider (Global Media Marketing Group (Pty) Ltd.

* You have the obligation of informing the Service Provider (Global Media Marketing Group (Pty) Ltd in case of emergency such as: Hijacking/ Stolen Vehicle or “Human Disappearing” or Stolen Animals immediately.

FINANCIAL PROVISIONS:

7.1. During the term of this “Contract Subscription Agreement”, and in consideration for the service provided by the “Service Provider” (Global Media Marketing Group (Pty) Ltd, the Subscriber will pay the Service Provider (Global Media Marketing Group (Pty) Ltd the “Monthly Service Fees as specified in the Payment Schedule attached hereto as ANNEXURE

7.2. The Monthly Service Fees payable by the Subscriber, to the Service Provider (Global Media Marketing Group (Pty) Ltd, shall be payable into the Service Provider (Global Media Marketing Group (Pty) Ltd Bank Account on “DEBIT ORDERS SYSTEM” within 30 (THIRTY) days set between the two Parties, means between the Service Provider (Global Media Marketing Group (Pty) Ltd and the Subscriber.

7.3. All Monthly Service provided by the Service Provider (Global Media Marketing Group (Pty) Ltd will be payable by the Subscriber, to the Service Provider (Global Media Marketing Group (Pty) Ltd, is inclusive of Value Added Tax (“VAT”).

7.4. All Monthly Service Fees payable by the Subscriber, to the Service Provider (Global Media Marketing Group (Pty) Ltd shall be payable into such Bank Account as the Service Provider (Global Media Marketing Group (Pty) Ltd may notify the Subscriber, in writing from time to time.

INDEMNITY.

The Subscriber agrees to indemnity, defend and hold the Service Provider (Global Media Marketing Group(Pty) Ltd harmless from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney’s fees and expenses praising out of or relating to (i) any and all acts or omissions of the Subscriber and its officers, directors, shareholders, employees, and agents occurring prior to the signature date of this Agreement, (ii) any and all acts or omissions of the Subscriber and its officers, directors, shareholders, employees, and agents during the term of this Agreement, which are relied upon by the or which forms part of any Services that are rendered to the Service Provider in terms of this Agreement.

STATUS OF PARTIES.

It is recorded that, notwithstanding any provision to the contrary in this Agreement, the status of the Subscriber shall be that of a Subscriber, and nothing in this Agreement shall be construed as creating a partnership or employment between the Service Provider and the Subscriber, and the Subscriber will not be, or deemed to be, an agent of the Service Provider or hold itself out as having authority or power to bind the Service Provider in any way.

CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY.

The Subscriber hereby agrees and undertakes to preserve strict confidentiality in respect of all Confidential Information and/ or Intellectual Property disclosed by the Service Provider to the Subscriber during the subsistence of this Agreement. The Subscriber further undertakes not to disclose the Service Provider’s Confidential Information and/ or Intellectual Property to any third party or person, except employees of the Service Provider who need to receive such disclosure for the purposes of performance in terms of this Agreement.

10.1. The Subscriber furthermore undertakes to treat the Client’s respective Confidential Information and/ or Intellectual Property as strictly confidential, and undertake not to make any copies of, divulge, use, exploit, reproduce, or adapt, (for its own benefit or for the benefit of any other party) the Client’s respective Confidential Information and/ or Intellectual Property, except as strictly necessary to carry out its duties in terms of this Agreement.

10.2. The confidentiality obligations embodied in this clause 10 shall survive the termination of this Agreement and remain in effect without limit in time the Subscriber shall at no time disclose any such information to any unauthorized party.

If either Party this Agreement:

11.1. Breach any material term of this Agreement and falls to remedy such breach within 7 (SEVEN) days after the receipt of a written notice from the other Party;

11.2. Commits any act of insolvency;

11.3. In the case of the Breach of this Contract Subscription Agreement such a Termination of this Contract Agreement by the Subscriber before the expiring date of this Contract Subscription Agreement, the Subscriber will be charged with a penalty fee of R2000 for the Costs caused for the Removing of the Tracking Devices on His/ Her Vehicle or on the Animal body or Human.

11.4. Allow any judgement against him/ her/ it to remain unsettled for more than 10 (TEN) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or

11.5. Is liquidated and/ or sequestrated, whether provisionally or finally, or commences business rescue proceedings; the other Party may, without prejudice to any other right which it may have against the defaulting Party, cancel this Agreement.

11.6. The non-defaulting Party shall be entitled to recover all legal costs incurred by him/ her/ it, including Attorney and Service Provider scale costs, as he/ she/ it is obliged to pay to his/ her/ its attorneys, from the defaulting Party.

In the event that either party institutes legal action against the other as a result of this agreement, such party shall have the right, but shall not be obliged, to institute legal action in any Magistrates Court having jurisdiction irrespective of the quantum of such claim and/ or action.

12 FORCE MAJEURE.

12.1. Neither Party hereto shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control, including but not limited to fires, pandemic diseases (Covid-19), strikes (of its own or other’s employees), insurrection or riots, embargoes, requirements or regulations of any civil or military authority (an “Event of Force Majeure”).

12.2. Each Party hereto agrees to give written notice forthwith to the other upon becoming aware of an “Even of Force Majeure” and such notice will contain details of the circumstances giving rise to the “Event of Force Majeure”.

12.3. If a defaulting due an “Event of Force Majeure” continue for more than 60 (SIXTY) days, either Party shall be entitled to terminate this Agreement immediately with written notice to the other. Neither Party shall have liability to the other in respect of the termination of this Agreement as a result of an “Event of Force Majeure”.

13 MISCELLANEOUS.

13.1. The Subscriber shall not assign, cede, delegate, transfer or otherwise dispose of any right or obligation under this Agreement to any other person and/ or third party.

13.2. No provision of this Agreement (including, without limitation, the provisions of this clause) may be amended, substituted or otherwise varied, and no provision may be added to or incorporated in this Agreement, except (in nay such case) by an agreement in writing signed by the duly authorized representative of the Parties.

13.3. Any relaxation, indulgence or delay (collectively referred to as “Indulgence”) by either Party in exercising, or any failure by either party to exercise, any right under this agreement shall not be construed as waiver of that right and shall not affect the ability of that party subsequently to exercise that right or to pursue any remedy, nor shall any indulgence constitute a waiver of any other right (whether against that Party or any other person).

The waiver of any right under this Agreement shall be binding on the waiving Party only to the extent that the waiver has been reduced to writing and signed by the duly authorized representative (s) of the waiving Party.

13.6. This Agreement supersedes all prior agreements, representatives, communications, negotiations and understandings between the parties concerning the subject matter of this Agreement.

13.7. Whenever possible, each provision of this Agreement shall be interpreted in a manner which makes it effective and valid under applicable law, but if any provision of this Agreement is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of this Agreement, all of which shall remain in full force.

13.8. This Agreement may be executed in any number of identical counterparts, all of which when taken together shall constitute one Agreement. Any single part or a set of counterparts taken together which, in either case, are executed by the Parties shall constitute a full original of this Agreement for all purposes.

13.9. All notices and any other communications whatsoever (including, without limitation, any approval, consent, demand, query or request) by either Party in terms of this Agreement or relating to it shall be given in writing, and shall be sent by registered post or delivered by hand to the recipient Party at its relevant address set out below:

13.1.0. If to the Subscriber at:

Address: ———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————–

13.1.1.If to the Service Provider (Global Media Marketing Group (Pty) Ltd at:

13.1.2. Either Party may, be written notice to the other party, change any of the addressee at which, or the designated person for whose attention those notices or other communications are to be given.

13.1.3 Any notice or other communication given by any Party to the other:

13.1.4 Is sent by registered post to the addressee at its specified address shall be rebuttably presumed to have been received by the addressee on the 7^th (SEVENTH) day after the date of posting; or

Is delivered by hand during the normal business hours of the addressee at its specified address shall be rebuttably presumed to have been received by the addressee at the time of delivery.

13.1.6. The Parties choose their respective physical addresses in clause 13.8 as their respective Domicilia Citandi Et Executandi at which all documents relating to any legal proceedings to which they are a party may be served. If that address is changed to another address which is not a physical address in the Republic of South Africa, then the original address shall remain the Domicilium Citandi Et Executandi of the relevant party until it nominates a new physical address within the Republic of South Africa in writing, to be its new Domicilium Citandi Et Executandi.

13.1.7. The Parties agrees to perform, or procure the performance, of all further things, and execute and deliver ( or procure the execution and delivery) of all further documents, as may be required by law or as may be desirable or necessary to implement or give effect to this Agreement and transactions contemplated therein.

SIGNED AT ————————————- ON THIS THE ———- DAY OF ————– 20—–

——————————————————— ——————————————————

THE SERVICE PROVIDER. WITNESS.

Who warrants his/ her authority hereto

SIGNED AT ————————————- ON THIS THE ——— DAY OF —————- 20——

————————————————————- ————————————————–

THE SUBSCRIBER. WITNESS.

Who warrant his/ her authority hereto

“ANNEXURE A”

SERVICE DESCRIPTION.

The Subscriber appoint Global Media Marketing Group (Pty) Ltd:

1) To be His/ Her Service Provider, means to provide with such services like: GPS Tracking Devices, Fitments, Maintenance of the Device or Replacement of the Device in case the Device is “Faulty” on the Subscriber Vehicle or Pets/ Animals GPS Tracking Devices or Kids GPS Tracking Devices.

2) To provide the Subscriber with a reliableness “GPS Tracking Platforms and good ” Monitoring System ” such as free Mobile App, SMS Alerts Messages, Accurate Live Environment View on the App and many available “Features” on our Tracking Monitoring Platform (5G).

3) To update the Subscriber in case there is a New Upgrading Software or New Tracking Features on the Tracking Platform.

4) To provide the Subscriber with many optional subscription services.

5) To provide the Subscriber with Insurance Subscription Services.

NOTE:

“ANNEXURE B”

FINANCIAL PROVISIONS:

During the term of this Contract Subscription Agreement, and in consideration for the service provided by the Service Provider (Global Media Marketing Group (Pty) Ltd), the Subscriber will pay the Service Provider (Global Media Marketing Group (Pty) Ltd) the “SERVICE MONTHLY FEES” as chose by the Subscriber as “Service Subscription Option.

SERVICE SUBSCRIPTION OPTIONS:

Please Tick the Subscriber chosen Service Subscription Option. The remaining Service Subscription Options Tick [ X ].

1) Ordinary Subscription

[ ].

2) Special Subscription

[ ].

3) Extra Services Subscription

[ ].

SUBSCRIBER BANKING DETAILS:

1) Bank Account Number:

2) Bank Name:

3) Bank Account Holder Full Name:

4) Bank Branch Code:

5) Debit Order Date: