1.1 The “Service” means the chauffeur service rendered by Buddys to the Member in terms of this Agreement;
1.2 “Service call out” means the action in which the Member requests the Service from a Collection Point to the Drop Off Point;
1.3 “Monthly Membership Fee” means the membership fee payable on a monthly basis as outlined in the Rates Schedule
1.4 “Pre Booking” means a Service Call Out made at least 3 (three) hours prior to the collection time;
1.5 “Ad Hoc Booking” means a Service Call Out by a member requesting a collection time within 3 (three) hours of that Collection Time;
1.6 “Operating Hours” means from 17h00 (pm) to 01h00 (am) the following day from a Monday to a Thursday, from 16h00 (pm) to 03h00 (am) on a Friday and Saturday, and from 16h00 (pm) to 24h00 (pm) on a Sunday and on public holidays;
1.7 “Collection Point” means the address from which the Member requests to be collected for the purposes of using the service;
1.8 “Collection Time” means the time at which the Driver arrives at the Collection Point;
1.9 “Driver” means a person employed by Buddys as a chauffeur;
1.10 “Service Area” means the geographical area in which Buddys provides the service, as outlined on the website www.buddys.co.za from time to time;
1.11 “Drop Off Point” means the address where the Member requests to be dropped off on completion of the Service;
1.12 “Member” means the person who enters into this agreement with Buddys;
1.13 “Secondary Member” means an individual, being a spouse or direct dependant of the member, whom the Member nominates to use the Service in terms of this agreement;
1.14 “Members vehicle” means the vehicle the Member requires the Driver to operate;
1.15 The “Agreement” means this agreement and is inclusive of the Rates Schedule;
1.16 The “Rates Schedule” means the schedule in which all the charges and applicable fees in respect of the Service are set out;
1.17 Buddys means Buddys Designated Drivers (Pty) Ltd (Reg No. 2012/041208/07)
2.1 Buddys will provide the Service to the Member during the Operating Hours and within the Service Area.
2.2 The Member undertakes to provide his full co-operation in order for Buddys to carry out the Service.
2.3 The Service will be provided as follows:
2.3.1 The Member must contact the Buddys call centre to log a Service Call Out.
2.3.2 Buddys will attend to the Service Call Out.
2.3.3 The Member will only be transported from the Collection Point to the Drop Off Point in a motor vehicle provided by the Member.
2.3.4 Service call outs must be logged with the Buddys call centre at least 30 minutes prior to the closure of the Buddys call center, the Operating Hours of which are outlined in 1.6 above;
2.3.5 The Member is obliged to remain contactable by the Call Centre after logging a Service Call Out and provide access to the Driver to enter the Collection Point.
2.3.6 The Member shall ensure that Buddys personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service.
2.3.7 Upon arrival of the Driver at the Collection Point, he shall wait for a period of ten minutes for the Member to identify themselves. The Member is obliged to keep a lookout for the Driver at the Collection Point. Upon expiry of the ten minutes the Driver shall be entitled to leave the Collection Point without the Member. Buddys shall be entitled to charge the Member for the full fare applicable as outlined in the Rates Schedule as if taken by the driver to the Drop Off Point.
2.3.8 Buddys will endeavour to arrive at the Collection Point within thirty minutes of the Pre-Booking time and forty-five minutes of the Ad-hoc booking time.
2.3.9 The Member is required to produce their membership card and acceptable proof of identification when using the Service.
2.3.10 Should the Member cancel the Service Call Out within 1 hour of the Collection Time, the Member shall be liable for 75% of the applicable charge as per the Rates Schedule.
2.3.11 In respect of Service Call Outs booked for New Year’s Eve (31 December) no Ad Hoc bookings will be accepted and the Service must accordingly be Pre-booked. Pre-bookings are taken on a first come first service basis and will close once the available number of bookings, as determined by Buddys has been made.
3.1 Secondary Members are required to accept the Buddys standard terms and conditions of service, including indemnifying Buddys on similar terms as contained in clause 8 (eight) below before making use of the Service
3.2 The Member may add Secondary Members by way of notice to Buddys at any point during the period of this agreement.
3.3 An additional secondary membership fee will be charged for each Secondary Member, as set out in the Rates Schedule.
3.4 The Member undertakes to pay all charges incurred by the Secondary Member in using the Service, as set out in the Rates Schedule.
Charges & Payment for the Service
4.1 The Member shall pay monthly in advance, the monthly subscription charge as set out in the Rates Schedule.
4.2 The Member shall pay monthly in arrears, the total charges incurred by the member in respect of the services rendered as set out in the Rates Schedule;
4.3 The monthly membership fee is inclusive of Value Added Tax. All other fees and charges set out in the Rates Schedule are exclusive of Value Added Tax;
4.4 Buddys may increase the Monthly Membership Fee and amend the Terms & Conditions of this Agreement from time to time subject to 30 (thirty) days written notice to the Member;
4.5 Buddys reserves the right to amend the Rates Schedule from time to time subject to 30 days notice;
4.6 The Member shall not be entitled to withhold payment of any amount due to Buddys in terms of this agreement for any reason other than valid termination;
Debit Order Instruction
5.1 The Member hereby authorises Buddys to draw against his bank account or credit card account, all charges in respect of the Service and the applicable Monthly Membership Fee as set out in the Rates Schedule. All such withdrawals from the Member’s bank account or credit card shall be treated as though they had been signed by the Member personally. The Member undertakes to pay any bank charges and processing costs relating to his debit order instruction.
5.2 The Member hereby authorises Buddys to debit the Members bank account or credit card on any day of the month as deemed suitable by Buddys, in an attempt to further ensure the successful debit of the monthly membership and service fees incurred.
5.3 Further, if there are insufficient funds in the Members nominated account to meet their obligation, Buddys is entitled to track the Member’s account and re-present the instruction for payment as soon as sufficient funds are available in the Members account;
Duration of Agreement
6.1 This Agreement will be effective from date of signature hereto and shall remain in force until cancelled by the Member or Buddys;
6.2 The Member acknowledges that Buddys is a demand driven business that is required to manage its operational resources depending on the number of members at any given time. The Member acknowledges that the Monthly Membership Fee is integral in covering Buddys costs to maintain the required operational resources.
Cancellation of the Agreement
7.1 Buddys reserves the right to terminate this Agreement should the member default on their Monthly Membership Fee. In the event of termination the Member will forfeit all rights to their Buddys membership during that period over which the debit proved to be unsuccessful or upon non-payment of the Monthly Membership Fee or Service Call Out fee as outlined in the Rates Schedule.
7.2 Buddys may at its sole discretion deem a Member’s membership to have lapsed upon the non-payment of the Monthly Membership Fee or Service Call Out fee and may reactivate/terminate the membership unless notified to the contrary by the Member.
7.3 The Member may terminate this agreement at any time by giving one calendar months’ notice to Buddys. The Member must cancel their membership by contacting Buddys on 0861 288 339 (0861 BUDDYS) or in writing via fax to (031) 572 4806.
7.4 The parties expressly agree that Buddys has the right to terminate this Agreement at any stage, at its sole discretion, on 20 (twenty) business days’ written notice to the Member. In the event of Buddys terminating this agreement, the Member shall be refunded any advanced payments already paid by the Member on the date of such termination.
8.1 Buddys thoroughly screens all drivers and takes reasonable steps to ensure that all drivers are competent. Due the nature of the service Buddys cannot guarantee a drivers performance and accordingly, and as an essential term of this contract, the Member is required to ensure the vehicles insurance extends to the use by the Buddys driver (See Clause 8.2 below) and irrevocably indemnifies Buddys against any claim by the Member or any person transported by Buddys with the Member or at the Member’s request arising out of, or in connection with any negligent conduct of Buddys driver.
8.2 The Member warrants that it has the adequate and appropriate insurance cover in place in respect of the Members vehicle which extends to the use thereof by alternate drivers, so as to include any Buddys representative providing the Service.
8.3 It is agreed that, in the event of an accident, the Member agrees to claim under his own policy and pay any excesses or deductibles applicable. The member and his insurer shall have no recourse against Buddys or the Driver.
8.4 The Member undertakes to advise his insurer (s) about this indemnity, as they may consider it material to the risk. Failure by the Member to comply with this condition shall not relieve him from any of the other terms of this Agreement.
8.5 Whilst all reasonable efforts will be made to ensure that drivers are available and on time, Buddys does not warrant the Service to the Member in case of unforeseen circumstances or times of unexpected demand and the Member hereby waives his right to claim compensation of any kind in respect of such occurrence.
9.1 The Member agrees to pay any costs incurred by Buddys for the collection of outstanding monies owed to Buddys by the Member including all legal charges on the scale as between attorney and own client.
9.2 Where payment of any amount due is not made on due date, Buddys may charge interest on the outstanding amount at the maximum rate allowed in law.
10.1 The parties hereby agree that Buddys is entitled to cede any part or all of it’s obligations under the Agreement, including and without limiting the generality of the aforegoing, it’s obligations relating to the Service and that it shall have the right to assign any or all of it’s rights, acquired in terms of the Agreement, at any time and to any entity.
Domicilium Citandi Et Executandi
11.1 The parties choose as their domicilium et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:
11.2 Buddys – Unit 1A Corporate Park, 11 Sinembe Crescent, Umhlanga Rocks, Durban
11.3 The Member – the email address and or cell phone number for short message service notification as provided by the Member under Member Details in this Agreement
12.1 The Member consents to Buddys sending various communications including invoices and statements through various means including but not limited to email, SMS, telephonic and AVM to the contact details as provided by the Member in this Agreement.
12.2 The Member hereby agrees that Buddys may, in addition to any of it’s other rights in terms of the Agreement or otherwise, list any default information on the Member with any credit information bureau, and the Member agrees to disclosure by Buddys to any third party, of any information pertaining to the Member to the extent that any such disclosure is necessary for the conduct of Buddys business, or is required by any relevant statute or regulation.
12.3 As the service provider under the Agreement, Buddys shall be entitled to sub-contract it’s obligations under this Agreement provided that the sub-contracted service provider shall be liable to the Member for the performance of the Service.
12.4 The Member agrees that the Agreement and in particular the face page thereof, may be scanned and the paper version destroyed, and hereby waives their right to dispute the authenticity of the scanned version.
|Monthly Membership Fee||R139.99|
|Once-off Administration Fee||R100.00|
|Secondary Members||R60.00 per member per month|
|80 kilometres and above||By arrangement|