Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms", "T&Cs") govern your use of the Trailer Advertising website located at https://trailer-advertising.co.za (the "Website") and the trailer advertising services ("Services") provided by Tati Software (Pty) Ltd (Registration Number: 2020/907685/07), trading as Trailer Advertising ("we", "us", "our", or the "Company").

1.1 Scope of Agreement

These Terms apply to:

• All visitors and users of our Website
• All persons or entities that register for an account
• All clients who enter into service contracts for trailer rental or purchase
• Any interaction with our platform, services, or representatives

1.2 Additional Agreements

When you enter into a specific trailer rental or purchase contract with us, the following documents form the complete agreement:

1. These Website Terms and Conditions - Governing website use and online platform
2. Trailer Rental/Sale Agreement - Specific contract terms for your service
3. Privacy Policy - How we handle your personal information (POPIA compliant)
4. Commercial Terms Schedule (Annexure A) - Specific pricing and service details

In the event of any conflict, the order of precedence is: (1) Trailer Rental/Sale Agreement, (2) Commercial Terms Schedule, (3) Website T&Cs, (4) Privacy Policy.

1.3 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website or Services after changes are posted constitutes acceptance of the modified Terms. We will update the "Last Updated" date at the top of this page when changes are made.

2. Definitions

Unless the context requires otherwise, the following terms shall have the meanings assigned to them:

Account - Your registered user profile on our Website platform.

Artwork - Marketing artwork, designs, logos, graphics, PVC/vinyl prints or any visual content provided for display on a Trailer.

Client - Any person or entity that uses our Services, registers for an Account, or enters into a contract with us.

Contract - A binding Trailer Rental/Sale Agreement entered into between the Client and the Company.

Deposit - The non-refundable initial payment of R8,000 (excl. VAT) required to commence production of Artwork and PVC materials.

Initial Term - The fixed rental period specified in a Contract (3 months, 6 months, or 12 months).

Location - The physical address or area where a Trailer is deployed for advertising purposes.

Services - Trailer advertising services including rental, purchase, design, production, deployment, and platform access.

Trailer - The advertising trailer (typically 6m x 3m) supplied by the Company for advertising purposes.

User, "You", "Your" - Any person accessing or using the Website or Services.

Website - The Trailer Advertising online platform located at trailer-advertising.co.za.

3. Website Use and Accessibility

3.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal or business purposes related to evaluating, ordering, or managing our Services.

3.2 Prohibited Uses

You agree NOT to:

• Use the Website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any part of the Website, servers, or networks
• Interfere with or disrupt the Website's operation or servers
• Use any automated system (robots, scrapers, crawlers) to access the Website without written permission
• Transmit viruses, malware, or any malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users
• Use the Website to send spam, chain letters, or unsolicited communications
• Attempt to reverse engineer any aspect of the Website
• Remove, obscure, or alter any copyright, trademark, or proprietary notices

3.3 Website Availability

While we strive to ensure the Website is available 24/7, we do not guarantee uninterrupted access. The Website may be unavailable due to:

• Scheduled maintenance or upgrades
• Emergency repairs or security patches
• Technical issues beyond our control (hosting, internet, power outages)
• Force majeure events

We are not liable for any loss, damage, or inconvenience caused by Website unavailability.

3.4 Third-Party Links

Our Website may contain links to third-party websites or services (e.g., PayFast for payments, WeTransfer for file sharing, social media platforms). We are not responsible for the content, privacy practices, or terms of third-party sites. Your use of third-party services is at your own risk and subject to their terms.

4. Account Registration and Security

4.1 Account Creation

To access certain Services, you must register for an Account by providing:

• Accurate personal information (name, email, phone number)
• Valid business/company information
• Secure password meeting our requirements
• Truthful and complete information

4.2 Account Eligibility

You must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts
• Be authorized to act on behalf of any company/entity you represent
• Provide accurate information and keep it updated

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and Account credentials
• All activities that occur under your Account
• Notifying us immediately of any unauthorized access or security breach
• Logging out after each session on shared devices

4.4 Account Suspension and Termination

We reserve the right to suspend or terminate your Account if:

• You breach these Terms or any Contract
• You provide false or misleading information
• Payment defaults or non-payment occurs
• You engage in fraudulent or unlawful activity
• We are required to do so by law
• Your Account has been inactive for an extended period

Upon termination, your right to access the Website and Services immediately ceases. We are not liable for any loss resulting from Account suspension or termination.

5. Trailer Advertising Services

5.1 Service Offerings

We offer the following Services:

• Trailer Rental - 3-month, 6-month, or 12-month rental agreements
• Trailer Purchase - Once-off purchase of advertising trailers
• Design Services - Optional professional design assistance (additional fees apply)
• PVC/Artwork Production - Manufacturing of advertising materials
• Deployment Services - Delivery and installation at specified Locations
• Relocation Services - Moving trailers to new Locations (subject to terms)
• Online Platform Access - Dashboard for managing contracts, tracking, and communications

5.2 Service Limitations

No Performance Guarantees: We provide advertising trailers and related services but do NOT guarantee:

• Any specific number of impressions or views
• Sales, conversions, leads, or business results
• Foot traffic or customer engagement
• ROI or financial returns

Our obligation is limited to supplying a roadworthy trailer, producing Artwork, and deploying it at the specified Location.

5.3 Service Availability by Area

Our Services are currently available in:

• Johannesburg and surrounding areas
• Pretoria and Centurion
• Midrand, Sandton, Randburg
• East Rand and West Rand
• Other areas in Gauteng (subject to feasibility assessment)

We reserve the right to decline service in areas where deployment is not feasible, safe, or legally compliant.

5.4 Delivery and Lead Times

Standard Lead Time: 5 (five) working days from receipt of Deposit payment, subject to:

• Approval of Artwork and designs
• Successful location access assessment
• Weather conditions
• Regulatory approvals
• Material availability

Lead times are estimates and not guaranteed. Delays beyond our reasonable control do not constitute breach.

6. Pricing, Payments, and Fees

6.1 Pricing Structure

Current pricing (subject to change):

• 3-Month Rental: R8,499/month (excl. VAT)
• 6-Month Rental: R7,499/month (excl. VAT)
• 12-Month Rental: R6,499/month (excl. VAT)
• Purchase: R49,000 once-off (excl. VAT)
• Non-Refundable Deposit: R8,000 (excl. VAT) - Covers PVC production

6.2 Payment Terms

• Payment in Advance: All rental fees are payable monthly in advance
• First Month: Deposit + first month's rental fee due upfront
• Subsequent Months: Due on the same calendar day each month
• Purchase: Full amount due before delivery

6.3 Payment Methods

We accept the following payment methods:

• Credit/Debit Card: Via secure PayFast payment gateway
• Debit Order: Automatic monthly collections (rental agreements)
• EFT (Electronic Funds Transfer): Bank transfer to our Investec account

6.4 Late Payment and Default

If payment is not received by the due date:

• Your Account is in material breach of the Contract
• Interest accrues at Prime + 5% per annum, compounded monthly
• We may immediately suspend Services and remove the Trailer
• We may blacklist your Account from future services
• You are liable for all collection costs (attorney fees, commission, etc.)
• Legal action may be instituted without further notice

6.5 Refund Policy

NO REFUNDS: All payments made to Trailer Advertising are strictly non-refundable, including but not limited to:

• Deposits (covers production costs already incurred)
• Monthly rental fees
• Amounts paid towards purchase
• Design fees
• Any other fees or charges

This policy applies regardless of:

• Early termination by the Client
• Change of mind or business circumstances
• Failure to obtain permits or approvals
• Relocation or closure of business
• Any other reason

6.6 Price Changes

We reserve the right to change pricing at any time. Price changes:

• Will not affect existing active Contracts during their Initial Term
• May apply to month-to-month extensions after Initial Term expires
• Will be notified at least 30 days in advance
• Will be displayed on the Website

7. Artwork, Content, and Intellectual Property

7.1 Client-Provided Artwork

When you provide Artwork for display on a Trailer, you warrant that:

• You own all rights or have obtained necessary licenses for the Artwork
• The Artwork does not infringe any third-party intellectual property (trademarks, copyrights, patents)
• The content complies with all applicable laws and advertising standards
• The Artwork is not unlawful, obscene, defamatory, discriminatory, misleading, or offensive
• You have all necessary approvals from rights holders

7.2 Content Standards

Artwork must NOT contain:

• Hate speech, discrimination, or content targeting protected groups
• Sexually explicit or adult content
• Violence, weapons, or dangerous activities
• Illegal products or services (drugs, weapons, counterfeit goods)
• Misleading or false advertising claims
• Content that violates advertising standards or municipal bylaws
• Content that infringes intellectual property rights
• Political campaign advertising (without prior approval)

7.3 Right to Decline

We reserve the right to:

• Decline to print or display any Artwork deemed inappropriate, unlawful, or non-compliant
• Request modifications to Artwork before production
• Remove Artwork from display if complaints or legal issues arise
• Refuse service to any client for content-related reasons

7.4 Indemnity for Content

You indemnify and hold us harmless against all claims, losses, damages, fines, penalties, and legal costs arising from:

• Your Artwork or content
• Intellectual property infringement claims
• Defamation or privacy violations
• False or misleading advertising claims
• Any third-party claims related to your Artwork

7.5 Ownership of PVC Materials

After the rental period ends or upon Contract completion:

• You may collect the PVC print(s) used for your Artwork
• Collection must occur within 14 days of Contract end
• If not collected within 14 days, we may dispose of the materials without liability
• The PVC is yours to keep, but the physical Trailer (if rented) remains our property

7.6 Our Intellectual Property

All content on the Website, including but not limited to:

• Website design, layout, and functionality
• Trailer Advertising branding, logos, and trademarks
• Software, code, and technology
• Photography, images, and graphics (excluding Client Artwork)
• Text, copy, and marketing materials

...is the exclusive property of Tati Software (Pty) Ltd and protected by South African and international intellectual property laws. Unauthorized use is prohibited.

7.7 Portfolio and Marketing Use

By using our Services, you consent to:

• Us photographing deployed Trailers with your Artwork
• Using such photographs for our portfolio, marketing, and promotional materials
• Displaying photos on our Website, social media, and advertising
• Referencing your company name as a client (unless you object in writing)

You may opt out by providing written notice to advert@trailer-advertising.co.za.

8. Permits, Approvals, and Legal Compliance

8.1 Client Responsibility for Permits

You are solely responsible for obtaining:

• Municipal signage permits and approvals
• Landlord consent for trailer placement
• Property owner permissions and wayleaves
• Advertising Standards Authority clearances (if required)
• Any other regulatory approvals needed for your Location

8.2 Our Assistance

We will reasonably assist by providing:

• Trailer specifications and dimensions
• Technical drawings if requested
• Information about the trailer structure

However, securing approvals remains your responsibility.

8.3 Fines, Penalties, and Removal Orders

We are NOT liable for:

• Fines or penalties imposed by authorities
• Removal orders from municipalities or landlords
• Enforcement actions for non-compliance
• Legal proceedings related to permits

If authorities or landlords require removal, no refund or credit is provided.

8.4 Compliance with Laws

You agree to:

• Comply with all applicable South African laws and regulations
• Follow advertising standards and ethical codes
• Respect zoning regulations and land use restrictions
• Obtain necessary business licenses for your operations

9. Trailer Use, Care, and Maintenance

9.1 Our Maintenance Obligations (Rentals Only)

For rented Trailers, we will:

• Ensure the Trailer is roadworthy at the time of delivery
• Perform required maintenance as needed
• Maintain comprehensive asset insurance (see Section 10)
• Address structural issues caused by normal wear and tear

9.2 Client Obligations

You must:

• Provide safe vehicular access for delivery/collection
• Ensure adequate ground conditions for trailer placement
• Provide reasonable security for the Trailer at the Location
• Immediately notify us of any damage, theft, accidents, or issues
• NOT move, modify, tamper with, or damage the Trailer
• NOT drill, paint, attach items to, or alter the Trailer structure

9.3 Prohibited Actions

You may NOT:

• Move the Trailer yourself (only we may relocate it)
• Sublease or allow third parties to use the Trailer
• Modify or customize the Trailer without written permission
• Use the Trailer for purposes other than advertising
• Cover, obscure, or deface the Artwork
• Store items inside or on the Trailer
• Attach additional signage or materials

9.4 Damage and Repairs

You are liable for damage caused by:

• Negligence, misuse, or unauthorized modifications
• Vandalism or theft at the Location (if attributable to inadequate security)
• Third parties for whom you are responsible
• Failure to notify us of issues promptly

Repair costs will be invoiced and payable within 7 days.

9.5 Trailer Relocation

For rental agreements:

• You may request one relocation per calendar month at no additional cost
• Provide at least 2 weeks' written notice for relocations
• Only we may physically move the Trailer (for safety and insurance reasons)
• New Location is subject to the same permit/approval requirements
• We are not liable for delays due to access, weather, or regulatory constraints

10. Risk, Title, and Insurance

10.1 Ownership and Title

Rental Agreements:

• Title in the Trailer remains with us at all times
• You acquire no ownership, lien, or retention rights
• The Trailer must be returned upon Contract termination

Purchase Agreements:

• Title transfers to you only upon full payment
• You are responsible for registering the Trailer with NaTIS (road traffic authorities)
• We will not handle registration or licensing on your behalf

10.2 Risk of Loss

Risk of loss or damage passes to you upon delivery to the Location. You bear the risk of:

• Theft or vandalism at the Location
• Weather damage (storms, hail, floods)
• Fire, collision, or accidents
• Acts of third parties

Exceptions: Damage caused by our gross negligence or willful misconduct remains our responsibility.

10.3 Insurance Coverage (Rentals)

For Trailers we own (rental agreements):

• We maintain comprehensive asset insurance
• Insurance covers the Trailer structure and base equipment
• Your Artwork/PVC is NOT covered by our insurance
• Any excess/deductible for claims is for your account if damage is attributable to you

10.4 Your Insurance Obligations

We strongly recommend you obtain:

• Public liability insurance for the Location
• Coverage for your Artwork and PVC materials
• Business interruption insurance
• Contents insurance if storing items near the Trailer

10.5 Insurance for Purchased Trailers

If you purchase a Trailer:

• You are solely responsible for insurance from the date of delivery
• We recommend comprehensive cover, third-party liability, and theft insurance
• Our insurance ceases upon title transfer

11. Liability, Indemnities, and Disclaimers

11.1 Limitation of Liability

To the maximum extent permitted by South African law:

• We exclude all implied warranties, conditions, and representations
• We are NOT liable for indirect, consequential, special, or punitive damages
• We are NOT liable for loss of profit, revenue, contracts, data, or goodwill
• Our total aggregate liability is limited to the rental fees paid by you in the 3 months preceding the event giving rise to liability

11.2 Exceptions to Limitation

We do NOT exclude or limit liability for:

• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Matters that cannot be excluded by law

11.3 Your Indemnity to Us

You indemnify and hold harmless Trailer Advertising, Tati Software (Pty) Ltd, and our directors, employees, agents, and affiliates against all claims, losses, damages, liabilities, fines, penalties, legal costs, and expenses arising from:

• Your breach of these Terms or any Contract
• Your Artwork content or intellectual property infringement
• Failure to obtain permits, consents, or regulatory approvals
• Injury or property damage occurring at the Location (unless caused by our gross negligence)
• Your use of the Trailer or Services
• Violation of any laws or third-party rights

11.4 No Warranties

The Website and Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement
• Uninterrupted, error-free, or secure operation
• Accuracy or reliability of information
• Specific results or outcomes

12. Contract Duration and Termination

12.1 Initial Term and Renewal

Rental Contracts:

• Have a fixed Initial Term (3, 6, or 12 months as selected)
• Automatically continue month-to-month after the Initial Term
• Either party may terminate month-to-month extensions with 30 days' written notice

12.2 Termination for Breach

Either party may terminate immediately if the other:

• Commits a material breach (e.g., non-payment, unauthorized trailer modification)
• Fails to remedy a breach within 7 days of written notice
• Becomes insolvent or enters business rescue/liquidation

12.3 Early Termination by Client

If you terminate before the Initial Term expires:

• You remain liable for all remaining months of the Initial Term
• No refunds are provided for months already paid
• You must pay all outstanding amounts immediately

12.4 Consequences of Termination

Upon termination or expiry:

• We may immediately retrieve the Trailer from the Location
• You must provide unhindered access for collection
• Your Account access may be suspended
• All amounts due become immediately payable
• You may collect your PVC materials within 14 days
• Termination does not affect rights/obligations that accrued before termination

12.5 Blacklisting Policy

In the event of non-payment or material breach:

• Your Account may be blacklisted from future services
• We may decline to provide services to you in the future
• This does not limit our right to pursue legal remedies

13. Data Protection and Privacy

13.1 POPIA Compliance

We are committed to protecting your personal information in accordance with the Protection of Personal Information Act (POPIA), 2013.

13.2 Privacy Policy

Our comprehensive Privacy Policy explains:

• What personal information we collect
• How we use, store, and protect your data
• Your rights under POPIA
• How to contact our Information Officer
• Data retention periods
• Security measures

By using our Services, you consent to data processing as described in the Privacy Policy.

13.3 Credit Vetting and Collections

You consent to us:

• Processing your personal information for credit vetting purposes
• Sharing information with credit bureaus if necessary
• Using collection agencies for overdue amounts
• Recording payment history and defaults

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa.

14.2 Jurisdiction

You consent to the non-exclusive jurisdiction of the:

• Magistrates' Court having jurisdiction over our domicilium (Fourways, Johannesburg)
• Per Section 45 of the Magistrates' Courts Act, 1944
• Notwithstanding that the claim amount may exceed the court's jurisdiction
• Without prejudice to our right to proceed in the High Court

14.3 Informal Dispute Resolution

Before initiating legal proceedings, parties should attempt to resolve disputes through:

1. Good-faith negotiations
2. Email correspondence to admin@tati.digital
3. Reasonable attempts at amicable settlement

14.4 Legal Costs

If legal action is necessary:

• The prevailing party is entitled to recover legal costs
• Costs are calculated on the attorney-and-own-client scale
• Includes collection commission, tracing fees, and disbursements

15. Force Majeure

15.1 Definition

A "Force Majeure Event" means any event beyond our reasonable control, including:

• Acts of God (earthquakes, floods, fires, storms, pandemics)
• War, terrorism, civil unrest, riots
• Government actions, regulations, or restrictions
• Strikes, lockouts, labor disputes
• Load-shedding, power outages, utility failures
• Internet, telecommunications, or hosting failures
• Supplier failures or material shortages

15.2 Effect of Force Majeure

During a Force Majeure Event:

• We are not liable for delays or failure to perform
• Performance obligations are suspended
• Timelines may be extended by the duration of the event
• No refunds or credits are provided

15.3 Extended Force Majeure

If a Force Majeure Event continues for more than 30 days:

• Either party may terminate the affected Contract
• Termination is without penalty or liability
• Amounts paid are non-refundable (as per standard policy)

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any signed Contract, constitute the entire agreement between you and us. They supersede all prior oral or written proposals, agreements, or communications.

16.2 Amendments

We may amend these Terms at any time by posting updated Terms on the Website. Amendments are effective immediately upon posting. Continued use constitutes acceptance. Material changes will be notified via email where possible.

16.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Waiver of any breach does not waive subsequent breaches.

16.4 Severability

If any provision is found invalid or unenforceable:

• The remainder of these Terms remains in full force
• The invalid provision is deemed replaced by a valid provision closest to the original intent

16.5 Assignment and Transfer

• We may: Assign, transfer, or delegate our rights and obligations on written notice to you
• You may NOT: Assign or transfer your rights without our prior written consent

16.6 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and us.

16.7 Electronic Communications

Per the Electronic Communications and Transactions Act, 2002:

• Electronic signatures are valid and binding
• Electronic contracts have the same legal effect as written agreements
• Email communications constitute valid notices
• Data messages are admissible as evidence

16.8 Language

These Terms are drafted in English. Any translation is for convenience only. In case of conflict, the English version prevails.

16.9 Counterparts

Contracts may be executed in counterparts (multiple copies), each constituting an original. Electronic/digital signatures are valid and binding.

17. Contact Information and Notices

17.1 Domicilium

Our Domicilium Citandi et Executandi:

2nd Floor, Venture Workspace, Cedar Square, Fourways, Johannesburg, 2191
Email: admin@tati.digital

17.2 Notice Requirements

Legal notices are deemed received:

• Hand delivery: On date of delivery
• Email: On first business day after transmission
• Registered post: 5th day after posting (within SA)