1. About this contract
This contract is between:
1.1. Citiq Meter Solutions t/a Citiq Prepaid, with registration number 2009/022316/07 (we/us), and
1.2. The owner of the property where the meter is installed (you).
2. Our services
2.1. We provide prepaid metering administration services which include:
2.1.1. Collecting prepaid electricity and water payments and building recovery fees from tenants and paying you the amounts collected, less our service fees.
2.1.2. Generating tokens for prepaid electricity and water meters for tenants
2.1.3. Generating transaction and usage data and reports for all your meters and giving you reasonable access to it through our online portal
2.1.4. Support by telephone, WhatsApp and email.
3. Your responsibilities
3.1. To use our services, you must purchase and install a prepaid electricity and/or water meter(s) and register your meter(s) with us.
3.2. You must ensure that the electricity meter is installed by an electrician and that you have received the certificate of compliance.
3.3. You must ensure that the water meter is installed by a plumber and that the meter installation complies with all applicable legislation, regulations and by-laws.
3.4. You must not tamper with your meter(s). For instance, do not open it or remove the SIM card. If you tamper with or disconnect the meter, you lose the manufacturer’s warranty.
3.5. You must give us the electricity and/or water tariff of the property and make sure that we implement the annual tariff changes. You must ensure that the rates do not exceed any regulated or approved tariffs that apply to the property.
3.6. You must ensure that the monthly collections correspond with what you owe the property’s electricity and water providers.
3.7. You are responsible for settling all accounts with your property’s electricity and water providers.
3.8. You must let us know whether you want to charge your tenants a percentage of the shared electricity costs, for instance, the cost of powering the electric gate or common areas, and what that percentage should be.
3.9. You must indicate whether we should collect our service fee and the channel fee from you, or the tenant. If you don’t choose, we will collect our service fee from you. If you would like us to collect the service fee from the tenant, you must authorise us to do so.
3.10. You must request login credentials for our online portal and keep them secure. Don’t share them with anyone.
3.11. Citiq Prepaid meters are sub-meters and must only be installed downstream from Eskom or Council meters. We will provide information to authorities for criminal prosecution should you try to replace the main meter.
4. Payments and fees
4.1. We will pay you the amount received for token sales for your meter(s)during the preceding month, by the second business day of the month, less:
4.1.1. our service fee of 8.45%, unless we recover our service fee from the tenant, and
4.1.2. any other amounts that you owe us.
4.2. We will not charge you for management tokens (clear tamper tokens, clear credit tokens, power limit tokens)
4.3. We will not charge you a fee for providing key change tokens if this contract is terminated 3 months after the first transaction is made on the meter. A key change token allows you to keep your meter when you switch to a different service provider.
4.4. If you self-generate tokens for your tenants from your account we will charge our service fee.
5. Our responsibility
5.1. We provide a 12-month warranty for our Citiq Prepaid meters. Read more about the meter warranty here.
5.2. Our liability in terms of this contract is limited to direct losses and will not exceed 150% of our service fees for the relevant meter(s) in the month before the month in which the claim arose.
5.3. Other than where we expressly assume responsibility in this contract, we will never be liable for any other loss, damages, costs, attorney and advocate’s fees, penalties, fines, or expenses that result from or are connected to performance in terms of this contract.
5.4. We will never be liable for any costs, losses, or damages you suffer or incur in relation to
5.4.1. the use of or access to the services by you or the tenant or any occupant of the property;
5.4.2. a fault in any meter(s) outside of the manufacturer’s warranty, the prepaid metering system or our online portal;
5.4.3 meter tampering;
5.4.4. incorrect tariffs set for your meter;
5.4.5. circumstances outside our control; and
5.4.6. service interruptions of utility providers or third-party service providers.
5.5. You indemnify us against all loss, damages, costs, all attorney and advocate’s fees (at the rate charged by our legal representatives), penalties, fines or expenses that arise from:
5.5.1. your negligence;
5.5.2. non-compliance with applicable laws, by-laws and regulations;
5.5.3 your failure to fulfil any responsibilities in terms of this contract; and
5.5.4. your illegal, wrongful, fraudulent act or omission.
5.6. We do not provide any warranties, except for those specified in this agreement. Specifically, we do not warrant that the service will be uninterrupted or error-free.
6. Duration of this contract
6.1. This contract begins when your meter(s) are registered with us and will endure indefinitely, but either of us may terminate it by giving the other 30 days’ written notice.
6.2. When our contract ends, some clauses will remain in effect. If a clause anticipates a right or duty that extends beyond the end of the agreement, that clause will remain in effect.
6.3. When this contract ends, you may request key change tokens to enable a key change to an alternative prepaid metering system supplier.
If either of us fail to comply with the terms of this agreement and fail to remedy the breach within ten days after having received a written notice to do so, the other is entitled to exercise all remedies available to it in law.
9. Administration of this contract
9.1. This is our entire contract relating to this transaction. We may need to change the contract in future. We will let you know by email of any changes that could affect you, and we will publish the updates on our website.
9.2. If either of us fail to enforce any clause in this contract it will not affect the other’s rights and responsibilities.
9.3. If for some reason one part of this contract becomes invalid or unenforceable, the rest of it remains enforceable.
9.4. South African law governs this agreement.
9.5. Legal notices addressed to us must be delivered to Citiq Prepaid, 1 Mac Mac Road, Howick Gardens, Waterfall Park, Midrand and a copy to email@example.com.
9.6. We will send legal notices to you at the property address or any other address that you notified us of in writing and a copy to your email address.