I/We understands that I/We are responsible for the protection of our Access Codes

I/We except and acknowledge that I/We will use the SMSmalls system strictly according to the TERMS and CONDITIONS as set out below.

SMSmalls Terms and Conditions

1. Definitions:

1.1 "SMVibes" is the licensed Trading Name of the Licensee empowered by the Licensor to market the service.

1.2 "SMComms" is the Trading Name of the Licensor who holds the Main License of the Product and supplies the service.

1.3 "SMSmalls" is the Product and/or Brand Name of the service provided by SMVibes and controlled by SMComms.

1.4 "Subscriber" is the person, persons, company, partnership, proprietor, owner or individual who utilise this product to communicate with it's customers or potential new customers.

1.5 "Customers" are the Customers of the Subscriber. These customers are solely the property of the Subscriber and access can only be gained by secure username and password.

1.6 "New Customers" are potential NEW customers that can be canvassed by the Subscriber. This profiled database has been compiled by SMComms with the consent of the potential recipient of SMS messages.

2. The Service

2.1 SMSmalls is a Communication medium developed on the Short Messages Service (SMS) platform as supplied and supported by the Cellular Service Providers.

2.2 SMComms supplies the infrastructure, capturing, distribution, support and customer care, as well as manages all the SMVibes licensees.

2.3 SMVibes supplies the marketing, training, installation and follow-up service of the product to the Subscriber.

3. Description of the Internet Service

3.1 Users deliver SMSmalls messages to their own customers in a secured and controlled Internet environment.

3.2 SMVibes provides SMSmalls Subscriber seats in a secured data base structure accessible via the Internet for the Subscriber to:

3.2.1 Load all the details of the Subscribers customers including Cell phone numbers onto the system

3.2.2 Utilise all the functions of the service when communicating with the Subscribers loaded customers

3.2.3 Access the system at all times, secured by the Subscribers secret Access Codes

4. Conditions of SMSmalls usage

4.1 The Subscriber agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its Username and Password, including the content of any transmissions through SMSmalls.

4.2 The Subscriber shall not:

4.2.1 Use SMSmalls in connection with junk mail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

4.2.2 Transmit through SMSmalls unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

5. The Subscribers access to New Customers

5.1 SMComms have a data base of profiled New Customers who have provided their consent to receive SMS messages. These potential New Customers are members of schools, clubs or charity organisations, which are known as Beneficiaries. Each Beneficiary will receive a donation from SMComms every time an SMSmalls message is delivered to a member of that Beneficiary.

5.2 All SMSmalls messages sent to New Customers are filtered to eliminate any offensive or illegal content.

5.3 All SMSmalls messages identify the Beneficiaries as the mailman (Sender).

6. Roles and Responsibilities of SMVibes

6.1 Once the Subscriber signs this agreement and pays the Registration fee, SMVibes will:

6.1.1 Register the Subscriber on the system with SMComms.

6.1.2 Train the Subscriber and/or it's staff on the system and on the use of all required documents.

6.1.3 Ensure that the Customers Capturing forms and Point of Sale pamphlets are placed at strategically.

6.1.4 Assist the Subscriber with any questions that may arise.

6.2 Visit the Subscriber from time to time and;

6.2.1 Collect all original documents for processing.

6.2.2 Check stock levels of the various forms and ensure a proper back-up stock level

6.3 Train any new staff if required.

6.4 Follow up on promotions and supply statistics on action taken to date.

6.5 Assist in the planning of promotions and keep Subscriber up-to-date on the latest market trends

7. Roles and Responsibilities of the Subscriber

7.1 Allow SMVibes to execute all above duties without any delays and make the necessary arrangements as well as allocate and identify to SMVibes all staff that will be involved in the training.

7.2 Ensure that all documentation and forms are submitted as indicated on the Registration Form.

7.3 Allow SMVibes access to the premises to:

7.3.1 Collect all documents and Forms.

7.3.2 Check stock levels of Forms and fill up stock.

7.3.3 Ensure that marketing material is displayed, and replace old material with the latest material.

8. Charges

8.1 If payment by Debit Orders is selected then the Subscriber agrees and authorises SMComms to deduct by means of a Debit Order instruction all SMSmalls charges and fees from the Subscribers account as indicated on the Registration form.

8.2 SMComms will Top-Up the Subscribers account to ensure that the system has at all times a minimum stock of SMSmalls as indicated on the Registration form.

8.3 This Top-Up method is done by Debit Order, authorised by the Subscriber, and is submitted every Monday of each week or on the first working day of a month, following the use of the system.

8.4 The minimum value of the Top-up Debit Order is 100 (one hundred) SMSmalls units and only once the 100 units have been used will the Top-up Debit Order be activated.

8.5 The Subscriber may increase or decrease his minimum stock level at any time by giving SMComms written notice to do so.

8.6 SMComms will not refund any decrease of SMSmalls stock levels but will allow the usage of the system until the decreased stock level has been reached.

8.7 The charges of this SMSmalls communication service is based on the latest price list and may change from time to time by giving the Subscriber 30 days notice of any price changes.

9. Limitation of Liability

9.1 SMComms, SMVibes, Lisensees and Agents shall not be under any liability, including liability for negligence, for any loss or damage or injury to the Subscriber whatsoever no matter when or how, arising out of the provision of this service and otherwise, whether direct or indirect, consequential or contingent and whether foreseeable or not and in particular not be liable for financial loss or loss of profits, contracts, promotions, savings and goodwill

9.2 Without detracting from any of the provisions of this Agreement, SMComms, SMVibes, Licensees or Agents shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber, whether same is direct or consequential, in the event that:

9.2.1 Any maintenance or modifications is required to be undertaken to the Service.

9.2.2 The Cellular networks are interrupted or overloaded.

9.2.3 Such loss or damage was caused by any negligent act or omission on the part of SMComms, its SMVibes agents or employees.

10. Commencement and Termination

10.1 The Agreement shall commence on the date of signature of the agreement and shall continue for an unlimited period of time unless terminated:

10.1.1 If the Subscriber breaches any of the conditions and terms of this Agreement or;

10.1.2 If the Subscriber give a written notice to SMComms of it's intentions to cancel the service. This notice from the Subscriber must be given 30 days in advance of the termination date to SMComms.

11. Suspension

11.1 SMComms may at any time and without notice to the Subscriber in any matter whatsoever, suspend access to the service by the Subscriber in the event of the following:

11.1.1 If the Subscriber fails to perform any of his obligations in this Agreement.

11.1.2 If the Subscriber breaches any terms and conditions of this Agreement.

11.1.3 If the Subscriber at any time exceeds the credit limit which SMComms in its absolute discretion may set and notify the Subscriber.

11.1.4 If the subscriber seizes to make use of the system within a period of 12 months.

12. Assignment

12.1 The Subscriber shall not cede, assign, transfer or delegate any of its rights or obligations in terms of this Agreement to any third party without the written consent of SMComms.

12.2 SMComms shall be entitled to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligations in terms of this agreement to any third party.

12.3 If, for any reason whatsoever, the consent of the Subscriber may be required, the Subscriber shall be deemed to have consented thereto in terms of this Agreement.

13. Notice and Domicilia

13.1 The Subscriber chooses, as its domicilium citandi et executandi, the address as set out in this Registration form, or such address of which the customer may notify SMComms in writing.

13.2 SMComms chooses, as its domicilium citandi et executandi, the following address: Office B 101, Podium Building B, Cnr Lois and Atterbury, Menlyn.

14. Value added Tax

14.1 All price and service fees as well as price lists are exclusive of Value Added Tax.

15. Consent to Jurisdiction

15.1 The Subscriber hereby consents to the jurisdiction of the Magistrate's court having jurisdiction over it's peron in respect of any action by SMComms arising from this agreement or the cancellation thereof.