GENERAL TERMS AND CONDITIONS

1. Overview

1.1. ZEN COLLECTIVE (PTY) LTD, registration number 2019/141204/07, is the owner of the registered trademark ZENITEC™, and trades as said trademark, which is protected in South Africa and internationally by copyright and intellectual property laws.

1.2. All references to “ZEN COLLECTIVE” or “ZENITEC™” in these terms and conditions are deemed to refer to ZEN COLLECTIVE (Pty) Ltd (registration number 2019/141204/07).

1.3. “Customer”, “Customers” or “the Customer” will be considered any person, authorized signatory, or entity, that enter into agreement with ZEN COLLECTIVE, or that make use of ZEN COLLECTIVE’s services, web site, and pay for services, solutions, or products offered by ZEN COLLECTIVE, either directly, or on behalf of ZEN COLLECTIVE’s partners and suppliers.

1.4. ZEN COLLECTIVE is an electronic communication service (ECS) licence exemption holder, to resell electronic communications services from a duly licensed entity, as per the terms of chapter 3 of the Electronic Communications Act No. 36 of 2005 (the ECA), granted by the Independent Communications Authority of South Africa (ICASA), with reference number CECS-E/0002/2022.

1.5. ZEN COLLECTIVE cannot be held liable for any damages or losses that Customers incur from using any of ZEN COLLECTIVE’s services, products or the information provided.

1.6. If any of ZEN COLLECTIVE’s terms and conditions are found to be unlawful, it will not affect the validity of the rest of the terms and conditions.

1.7. Nothing in ZEN COLLECTIVE’s terms and conditions are intended or should be interpreted to unlawfully restrict, limit, or avoid any right for either party in terms of the Consumer Protection Act.

2. General

2.1. ZEN COLLECTIVE relies on graphical means to represent ideas, designs, and products, but Customers should be aware that due to technological limitations, colour and materials might not be accurately displayed on different devices, monitors, printouts, or brochures.

2.2. ZEN COLLECTIVE will always endeavour to provide up to date and accurate information, but in the unlikely event that an error or omission occurs, ZEN COLLECTIVE will not assume any liability.

2.3. Z EN COLLECTIVE cannot be held liable for any damages or losses that the Client incur from using any of ZEN COLLECTIVE’s services, products or the information provided.

3. Pricing, quotations & deposits

3.1. ZEN COLLECTIVE will only be bound by quotations in writing on ZEN COLLECTIVE’s letterhead, and the equivalent digital version in PDF format, as pricing provided verbally or via social media (e.g., WhatsApp, Signal, or Facebook) are only considered an estimate.

3.2. ZEN COLLECTIVE does not carry stock on hand, which means that quotations are always subject to stock availability at the suppliers, as well as their price fluctuations, which are due to the constantly fluctuating exchange rate.

3.3. Accepting a quotation and placing an order constitute the Client’s offer to purchase a product or service from ZEN COLLECTIVE. ZEN COLLECTIVE will only deem a Customer’s offer as acceptable once the required payment has been made and cleared in ZEN COLLECTIVE’s account, and the available stock is ordered and paid for at the suppliers

3.4. Products must be paid for in full before any orders can be placed at the suppliers.

3.5. Due to ZEN COLLECTIVE’s contracts with the suppliers, they will not allocate or reserve stock unless payment has been made and cleared into their accounts.

3.6. For custom ordered products, ZEN COLLECTIVE will reserve stock once a Customer’s proof of payment is received but will only process the order once the payment has cleared in ZEN COLLECTIVE’s bank account — no exceptions will be allowed.

3.7. It is the Customer’s responsibility to ensure that the quotation’s information, quantities, pricing, etc are correct before placing an order and making payment.

3.8. By accepting a quotation Customer’s agree to and confirm the accuracy of the information provided.

3.9. It is the sole responsibility of the Client to determine that the goods or services ordered are suitable for the purpose of intended use.

4. Orders, stock, and shipping

4.1. ZEN COLLECTIVE does not carry stock on hand, which means there might be a delay or waiting period before a Customer’s orders are shipped.

4.2. ZEN COLLECTIVE use various Store-to-Door courier services, which is a next business day service for main centres (from date of collection by the courier), although outlying areas can take up to 7 days.

4.3. Customers can request their tracking or waybill numbers from ZEN COLLECTIVE, as these will not necessarily be forwarded to Customers once collection has taken place.

4.4. Customers must be available to accept and sign for their orders at the delivery address provided to avoid incurring extra courier costs.

4.5. ZEN COLLECTIVE reserve the right to cancel any orders and refund any money paid by Customers.

4.6. Custom orders cannot be cancelled once a Customer’s payment have been received and the manufacturing, assembly, or production process have started.

4.7. Product deliveries and installations are the Customer’s responsibility, unless ZEN COLLECTIVE agree to handle either or both on the Customer’s behalf through one of ZEN COLLECTIVE’s agents, which will be for the Customer’s expense.

4.8. Customers are required to ensure that safe, adequate, and accessible location and space is available for both the delivery, movement, and installation of products.

4.9. Delivery, installation, commencement, and performance times given are merely estimates and are not binding on ZEN COLLECTIVE. ZEN COLLECTIVE will strive to meet such delivery times; ZEN COLLECTIVE shall not be liable for any loss or damage of whatsoever nature which the Client may suffer because of any incorrect or delayed delivery due to incorrect delivery information supplied by the Client, tampering of installation by the Client, commencement, or performance.

4.10. If Customers chooses to engage their own courier or transport agency to transport goods, Customers indemnifies ZEN COLLECTIVE against any claims of whatsoever nature that may arise from such an agreement.

4.11.Any delivery note, waybill, or job card ‐ both a copy or the original ‐ signed by the Customer, or a third party on behalf of the Customer, or from any third party engaged by ZEN COLLECTIVE to transport goods, shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon, unless otherwise advised by the Customer upon delivery and inspection of the goods.

4.12. Any order is subject to cancellation by ZEN COLLECTIVE due to force majeure from any clause beyond the control of ZEN COLLECTIVE, including (without restricting this clause to these instances): inability to secure labour, power, materials, or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, lockdown, or other labour disputes, fire, flood, drought, or legislation.

4.13. If at any time any amount of money due by the Customer to ZEN COLLECTIVE is overdue for payment, ZEN COLLECTIVE shall be entitled to suspend all deliveries and services to the Customer until all amounts are paid or, at the election of ZEN COLLECTIVE, to cancel all outstanding orders in either of which events the Customer shall have no claim against ZEN COLLECTIVE.

5. Payments

5.1. Electronic Fund Transfers (EFT’s) between different banks, and sometimes even between accounts held at the same bank, can take up to three business days.

5.2. A notification of funds being paid is only that – a notification. Only once an EFT clears into ZEN COLLECTIVE’s account will the Customer’s account be considered as being paid.

5.3. Full payment is due upon completion of the design, order, installation, delivery, or collection. Failure to pay may result in the debt being turned over to a collections agency and reporting to the credit bureau. Customers will be responsible for all costs incurred by ZEN COLLECTIVE, collection agencies, or court fees incurred by litigation for failure to pay.

5.4. Stock purchased for Customers on order remain ZEN COLLECTIVE’s property until fully paid by the Customer.

5.5. Customers agrees that interest shall be payable on any moneys due to ZEN COLLECTIVE at 2.5% above the Prime Overdraft rated quoted by First National Bank Ltd., which interests shall be calculated on a daily balance and capitalized monthly, from the date the moneys fell due to payment. A certificate under hand of any manager of the First National Bank Ltd shall be prima facie proof of the interest rate charged nor shall it be necessary to prove the signature or capacity of such manager.

5.6. The Customer hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver.

5.7. In the event of any default by the Client of any provision of this agreement, the Customer hereby consents and authorizes ZEN COLLECTIVE to furnish the name, credit record and repayment history of the Customer to any credit bureau as a delinquent debtor.

5.8. In the case of a Customer not settling their debt and ZEN COLLECTIVE has no choice but to repossess unpaid items, the Customer shall be liable to pay:

5.8.1. the difference between the selling price and the value of the goods at the time of repossession and;

5.8.2. all other costs incurred in the repossession of the goods. The value of repossessed goods or retained pledged goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be prima facie proof of the value.

5.9. The Client indemnifies ZEN COLLECTIVE completely against any damage whatsoever relating to the removal of repossessed goods, unless such damage is caused through the negligence of ZEN COLLECTIVE, its employees, agents, and contractors.

5.10. If any goods supplied to the Customer are of a generic nature and have become property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to ZEN COLLECTIVE.

6. Orders, Stock & Shipping

6.1. ZENITEC™ does not carry stock on hand, which means there might be a delay or waiting period before Customer’s orders are shipped.

6.2. ZEN COLLECTIVE use various Store-to-Door courier services, which is a next business day service for main centres (from date of collection by the courier), although outlying areas can take up to 7 days.

6.3. Customers can request their tracking or waybill numbers from ZEN COLLECTIVE, as these will not necessarily be forwarded to Customers once collection has taken place.

6.4. Customers must be available to accept and sign for their orders at the delivery address provided to avoid incurring extra courier costs.

6.5. ZEN COLLECTIVE reserve the right to cancel any orders and refund any money paid by Customers.

6.6. Custom orders cannot be cancelled once a Customer’s payment have been received and the manufacturing, assembly, order, or production process have started.

6.7. Product deliveries and installations are the Customer’s responsibility, unless ZEN COLLECTIVE agree to handle either or both on the Customer’s behalf through one of ZEN COLLECTIVE’s agents, which will be for the Customer’s expense.

6.8. Customers are required to ensure that safe, adequate, and accessible location and space is available for both the delivery, movement, and installation of products.

6.9. Delivery, installation, commencement, and performance times given are merely estimates and are not binding on ZEN COLLECTIVE. ZEN COLLECTIVE will always strive to meet such delivery times; ZEN COLLECTIVE shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer because of any incorrect or delayed delivery due to incorrect delivery information supplied by the Customer, tampering of installation by the Customer, commencement, or performance.

6.10. If a Customer chooses to engage their own courier or transport agency to transport goods, the Customer indemnifies ZEN COLLECTIVE against any claims of whatsoever nature that may arise from such an agreement.

6.11. Any delivery note, waybill, or job card ‐ both a copy or the original ‐ signed by the Customer or a third party on behalf of the Customer from any third party engaged by ZEN COLLECTIVE to transport goods shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon, unless otherwise advised by the Customer upon delivery and inspection of the goods.

6.12. Any order is subject to cancellation by ZEN COLLECTIVE due to force majeure from any clause beyond the control of ZEN COLLECTIVE, including (without restricting this clause to these instances): inability to secure labour, power, materials, or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, lockdown, or other labour disputes, fire, flood, drought, zombie outbreaks, or legislation.

6.13. If at any time any amount of money due by the Customer to ZEN COLLECTIVE is overdue for payment, ZEN COLLECTIVE shall be entitled to suspend all deliveries to the Customer until all amounts are paid or, at the election of ZEN COLLECTIVE, to cancel all outstanding orders in either of which events the Customer shall have no claim against ZEN COLLECTIVE.

7. Warranties, Returns & Refunds

7.1. All products have a minimum warranty period of six months unless otherwise stated, please see the relevant product invoice for details. Services carry no guarantee or warranty.

7.2. Warranties does not cover the following:

7.2.1. Normal wear and tear;

7.2.2. Accurately described products that is generally fit for its intended purpose, even if said item does not suit the Customer – or if the Customer change their mind regarding the purchase;

7.2.3. Damage due to incorrect use, alterations, negligence, electrical surges, water damages, impact, sand, dust, chemicals, physical or electrical damages, corrosion, or inadequate care for the product.

7.3. Customers must familiarize themselves with the relevant product brochures, guides, and warranty statements.

7.4. Tampered, broken, or removed warranty seals or screws.

7.5. Products are covered by the individual manufacturer or the local distributor, which will be a minimum of 6 months. If Customers need to return a product for warranty purposes, please contact us at support@zenitec.net with a copy of the invoice for ZEN COLLECTIVE to facilitate the product return to the manufacturer.

7.6. Products with a longer manufacturer’s warranty will be covered by the manufacturer directly, Customers are advised to contact the respective manufacturer directly in such cases. Please note that most manufacturers require Customers to register their purchased product within a certain period to qualify for the extended warranty.

7.7. Warranties are all carry-in, i.e., Customers must return and collect the product to and from ZEN COLLECTIVE at the Customer’s cost.

7.8. ZEN COLLECTIVE will absorb the transport cost from ZEN COLLECTIVE to the manufacturer or supplier, but if the manufacturer or supplier deems that the fault is not covered under the product’s warranty, then the Customer will be billed for transport and shipping costs incurred by ZEN COLLECTIVE on the Customer’s behalf.

7.9. ZEN COLLECTIVE provides a maximum warranty period of 12 months.

7.10. Products that are found faulty by the manufacturer or supplier within six months will be eligible for either a repair, replacement, or refund, dependent on the manufacturer or supplier’s verdict.

7.11. Products that are found faulty by the manufacturer or supplier after six months will be eligible for either a repair or replacement, dependent on the manufacturer or supplier’s verdict.

7.12. If items are credited, it will be at the lesser value between selling price and current market price.

7.13. Warranties are covered by the product manufacturers or their local supplier representatives, ZEN COLLECTIVE only act as an intermediary between the relevant parties.

7.14. There are no warranties on data stored on any data storage device or medium.

7.15. ZEN COLLECTIVE does not guarantee or provide warranty on data recovery services.

7.16. Products will only be directly exchanged within 10 days from delivery provided all packaging and labels are complete and intact.

7.17. Refunds requests will only be considered within 10 days from the delivery date.

7.18. Altered or damaged products, especially without their original packaging or that is not in a resalable condition cannot be returned, exchanged, or refunded.

7.19.Refunds will not be granted due to incompatible products.

7.20. ZEN COLLECTIVE reserve the right to inspect products before authorizing an exchange or refund.

7.21. Delivery fees are excluded from refund amounts.

7.22. A handling fee will be levied on returned goods where ZEN COLLECTIVE must replace or repair packaging to return the product to the supplier or manufacturer, or to resell the product again.

7.23. All refunds must be requested and authorized via email, please contact ZEN COLLECTIVE at support@zenitec.net.

7.24. If ZEN COLLECTIVE supplied a Customer with an incorrect product, then the Customer must notify ZEN COLLECTIVE within 24 hours of taking delivery for ZEN COLLECTIVE to facilitate an exchange. Please note that the product must still be in its originally sealed packaging.

7.25. Please note that ZEN COLLECTIVE will not consider either refunds or warranty support without the Customer’s invoice.

8. Intellectual Property

8.1. ZEN COLLECTIVE retains the copy and intellectual property rights on all products and designs provided, Clients are not allowed to sell it or reproduce it in another project, unless ZEN COLLECTIVE agreed otherwise in writing.

8.2. Customers are not allowed to copy, reproduce, modify, or distribute any of ZEN COLLECTIVE’s designs or the website’s content in any way.

8.3. All intellectual property rights, including copyright and trademarks embodied in media such as, but not limited to, logos, images or text remain their respective owners’ property, ZEN COLLECTIVE’s included.

9. Acceptance of these Terms and Conditions

9.1. By making use of any of ZEN COLLECTIVE’s services, purchasing any of the products on offer, or making use of the website and its sub domains, Customers consent to agree to these terms and conditions unconditionally.

9.2. These terms and conditions and their interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts.

9.3. ZEN reserve the right, in its sole discretion, to vary these terms and conditions without notification.

9.4. Errors and omissions excepted.

September 2022 – v6.2

CONTRACT TERMS AND CONDITIONS

1. Overview

1.2. All references to “ZEN COLLECTIVE” or “ZENITEC™” in these terms and conditions are deemed to refer to ZEN COLLECTIVE (Pty) Ltd (registration number 2019/141204/07).

1.5. ZEN COLLECTIVE cannot be held liable for any damages or losses that Customers incur from using any of ZEN COLLECTIVE’s services, products or the information provided.

1.6. If any of ZEN COLLECTIVE’s terms and conditions are found to be unlawful, it will not affect the validity of the rest of the terms and conditions.

2. Definitions

2.1. Agreements shall mean this Contract Terms and Conditions, the General Terms and Conditions, the relevant service Contracts entered between ZEN COLLECTIVE and the Customer, and all the amendments to the Contracts.

2.2. Contract means collectively, the documents signed by the Customer and ZEN COLLECTIVE’s authorized representative, outlining the contractual obligations of both parties, together with the relevant Terms and Conditions.

2.3. Fixed Term Agreement refers to the Contract term as set out in the relevant Contract between the Customer and ZEN COLLECTIVE.

2.4. Free to use refers to equipment provided by a Supplier, that always remain the property of the Supplier.

2.5. Initial Period means the number of months applicable to the Fixed Term Agreement as set out in the Contract, in which time penalties and cancellation fees might be applicable if the Customer cancel or is in breach of the Contract.

2.6. Period means the billing cycle – normally one calendar month.

2.7. Service Provider is ZEN COLLECTIVE.

2.8.Supplier is any of the primary providers of the hardware, software, or services, that ZEN COLLECTIVE provides to the Customer.

3. Business partners and suppliers

3.1. ZEN COLLECTIVE is a supplier and intermediate services provider for various registered companies, and as such all supplied services and products are subject to the relevant Supplier’s terms and conditions, and the onus lies with the Customer to familiarize themselves with said terms and conditions.

3.1.1. Additionally, the Customer agree to be bound by all terms, conditions, and agreements that ZEN COLLECTIVE entered into on behalf of the Customer to provide all relevant services and products.

3.2. Supplier’s terms and condition URL’s:

3.2.1. Vox @ https://www.vox.co.za/terms-conditions/

3.2.2. Vox AUP @ https://www.voxtelecom.co.za/pdf/AcceptableUsePolicy.pdf

3.2.3. Microsoft @ http://www.microsoft.com/licensing/contracts

3.2.4. Streamgroup @ https://streamgroup.co.za/terms-and-conditions/

3.2.5. Comodo @ https://www.comodo.com/about/comodo-agreements.php

3.2.6. Emsisoft @ https://www.emsisoft.com/en/terms/

4. Equipment

4.1. Equipment provided to the Customer labelled as “free to use”, remains the property of the relevant Supplier.

4.2. In the event of equipment failure, Customers are not allowed to service, repair, open, or void any warranty conditions pertaining to the hardware.

4.3. In the event of equipment failure, the Customer must inform ZEN COLLECTIVE immediately, so that a replacement can be facilitated as soon as possible.

4.4. If, for whatever reason, equipment is damaged or lost while signed over to the Customer, the Customer is liable for the penalty and replacement costs of the hardware, as stipulated by the relevant Supplier.

5. Business days, hours, and after hours

5.1. ZEN COLLECTIVE’s general trading hours are Monday to Friday, 09:00 to 17:00, excluding public holidays.

5.2. After hour support will incur a 35% surcharge on top of the standard rates.

5.3. If, at ZEN COLLECTIVE’s discretion, we decide not to bill a Customer for certain after-hours work, it will not be construed as the norm, and ZEN COLLECTIVE reserves the right to bill the Customer as per the relevant timesheet.

5.4.Support can be reached at either support@zenitec.net or 021 975 2590.

6.Intellectual Property

6.1. ZEN COLLECTIVE retains the copy and intellectual property rights on all products and designs provided, Clients are not allowed to sell it or reproduce it in another project, unless ZEN COLLECTIVE agreed otherwise in writing.

6.2. Clients are not allowed to copy, reproduce, modify, or distribute any of ZEN COLLECTIVE’s designs or the website’s content in any way.

6.3. All intellectual property rights, including copyright and trademarks embodied in media such as, but not limited to, logos, images or text remain their respective owners’ property, ZEN COLLECTIVEs included.

7. Acceptance of these Terms and Conditions

7.1. By making use of any of ZEN COLLECTIVE’s services, purchasing any of the products on offer, or making use of the website and its sub domains, Clients consent to agree to these terms and conditions unconditionally.

7.2. These terms and conditions and their interpretation is subject to South African law and the Client consents to the exclusive jurisdiction of the South African Courts.

7.3. ZEN COLLECTIVE reserve the right, in its sole discretion, to vary these terms and conditions without notification.

September 2022 – v2.1