DIGITAL MEDIA PLAYER HARDWARE

Each screen/TV requires its own Media Player. All our Media Players include the following:

• 1 X Media Player *1 Year Warranty (EXCLUDES damage to Media Player and SD Card due to load shedding and power surge)
• 1 X 0.5m HDMI Cable,
• 1 X Power Supply for Media Player,

The purchase price of our Media Player is for our digital media player hardware only and does not include: a TV/Display; cables (other than noted in the Description); the SD card that is supplied with the player; player setup; installation; delivery; monthly service fee (software licence, player link subscription and support); design work; onsite support and consultation.

Quoted hardware prices are only valid for 7 days due to the volatility of the South African Rand (our media player hardware is imported).

A turnaround time of ten business days is needed from hardware payment date to have the media players ready for delivery.

Hardware Installation Environment

Once the media players have been setup and configured, we will deliver them to your store. The media players are “plug and play” and no installation is required. Should the client require Posilco to connect the Media Player there will be an additional charge per Media Player.

The client will provide the following:

• An installed TV/Display with an HDMI input (We recommend Samsung, LG or Hisense);
• An electrical outlet within cable distance of 1 meter from where Media Player will be mounted;
• A two-point plug as the media player power brick has a two-point plug;
• Easy access to the electrical outlet and enough space for the power supply to remain plugged in;
• Easy access to the back of the TV/Display;
• Fast and stable Wi-Fi in every location where a media player will be placed. We recommend a fibre installation as the media player requires quite a bit of data, but 4 Meg+ Uncapped ADSL will suffice.

MONTHLY SERVICE FEE

Posilco Media charges a service fee per Media Player/Screen per calendar month (Non-Prorated). Our monthly service fee includes the following:

• Media Player Licence
• Telephonic and Remote Support

Please note that the aforementioned only includes telephonic and remote support, the software licence and player link subscription per media player and does not include any hardware, player setup, installation, delivery, design work, content scheduling, consultation or onsite support fees.

The Media Player Software requires the Monthly Media Player Licence to function.

Effective Date

The service start date (Effective Date) will be on the day that the media player is delivered to the client.

MEDIA DISPLAY UPDATE

We charge an hourly rate in 15-minute slots for the design, upload and scheduling of content to your media display. Design, upload and scheduling fees are invoiced at the end of each month.

Process and Turnaround Time

All text content (Product Details, Price, etc) and images where applicable can be emailed to or sent via WhatsApp to +27 (0)71 890 5550.

We have a turnaround time of no more than 8 business hours. Our business hours are Monday to Friday from 8:00 to 17:00 (GMT+2)

GENERAL

This agreement will begin on the Effective Date (Per Media Player) and remain in effect for 12 months (The Term). The client agrees to our Terms and Conditions by signing this agreement or when the Client makes payment on an invoice or quotation.

This agreement may be terminated earlier pursuant to Section (a), below. The period from the Effective Date until termination will sometimes be referred to as the “Term.”

(a) Either party, upon giving written notice to the other party, may suspend or terminate this Agreement: (i) if the other party or its employees, consultants or other agents violates any provision of this Agreement and the violation is not remedied within thirty (30) days of the party’s receipt of written notice of the violation; (ii) at any time in the event the other party terminates or suspends its business, becomes insolvent, files for bankruptcy, is dissolved, goes into liquidation, or has a receiver appointed over any material portion of its assets

(b) If this Agreement is terminated for reasons other than breach by Posilco Media (Pty) Ltd, the Client shall be liable to Posilco Media (Pty) Ltd for all sums owing for Services contracted.

(c) Auto Renewal – Each Term shall automatically renew for a subsequent period of the same length as the initial Term unless either party gives the other written notice of termination at least (60) days prior to expiration of the current term.

(d) Our rates are reviewed annually (Excluding Hardware Cost). Price adjustments are communicated via email providing our clients with 30 days’ notice of our new rate.

Complaints Procedure

• Informal procedure – Anyone who experiences a problem with a service provided by PoSilCo should raise the matter directly using  to do so, giving sufficient information and clearly outlining the grounds for the complaint.  PoSilCo will approach the individual responsible for the deliverables in question with a view to resolving the matter to the satisfaction of the complainant.
• Formal complaints procedure – The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.  A formal complaint should be made in writing to PoSilCo, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. Formal complaints should be sent to .

ONSITE SUPPORT

At times there might be an issue with your media player setup that requires one of our support technicians to come out to your premises. Onsite support will be at an additional charge and is not included in your monthly licence and remote support fee.

Charges will include the following:

– Onsite support fee charged per hour including travel time between our office in Durbanville and your premises (return trip).

– Travel costs charged at R4.18 per km between our office in Durbanville and your premises (return trip).

– Hardware replacement costs if any hardware has permanently failed and needs to be replaced. This includes media drives, cables, etc.

The customer shall-

Provide easy access to the media player, TV and ports at the back of the TV. Should a ladder be required the customer shall supply.

Ensure that the internet/Wi-Fi is fully operational and have all the necessary credentials required for Wi-Fi access.

Failure to provide the above, will result in PoSilCo not being able to assist the customer any further, whilst the customer shall remain liable for the payment of any and all amounts.

Consultation time charged for will commence when the relevant PoSilCo agent, representative or employee leaves the PoSilCo office and will end when he returns to the PoSilCo office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment or be unable to work on the equipment.

Render to PoSilCo, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and

Ensure the safety of all agents, representatives and employees of PoSilCo present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by PoSilCo or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.

Schedule the callout around loadshedding and power outages. Onsite consultation time will continue to be billed while the PoSilCo consultant is onsite but unable to work due to power interruption.

ADDITIONAL SUPPORT SERVICE

PoSilCo shall, as and when specifically requested to do so by the customer in writing via e-mail, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the PoSilCo services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, travelling time charge, distance charges and other related fees payable in respect thereof.

PoSilCo shall, as part of such service, identify the customer’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.

The customer shall-

Supply all software, hardware and all related documentation required by PoSilCo to identify and solve any problem encountered by the customer. Failure to do so will result in PoSilCo not being able to assist the customer any further, whilst the customer shall remain liable for the payment of any and all amounts;

Render to PoSilCo, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and

Ensure the safety of all agents, representatives and employees of PoSilCo present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by PoSilCo or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.

PoSilCo does and shall not accept any responsibility or liability for any existing data on the customer’s equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds PoSilCo harmless against any cost, liability, loss or damage incurred or suffered by the customer or by PoSilCo as a result of the loss of any such data, whether occasioned by any act or omission of PoSilCo, its representatives, agents or employees or otherwise.

Consultation time charged for will commence when the relevant PoSilCo agent, representative or employee leaves the PoSilCo office and will end when he returns to the PoSilCo office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment.

Additional Terms

The client chooses, as his domicilium citandi et executandi, the physical address set out in “Client Company Details Form”.

Neither party shall be responsible for any delay or failure in performance, at any time during the term of this agreement, caused by flood, riot, insurrection, fire, earthquake, strike, explosion, war, act of God, or any other force or cause beyond the reasonable control of the party claiming the protection of this section.

E&OE

1. 100% payment is due within 3 business days from invoice date.
2. Payment to be made into our bank account. Our bank account details are at the bottom of our invoices and statements.
3. Cash payments into our bank account carry a surcharge (an additional fee due by the client). We will invoice the client for the full cost as charged by our bank.
4. We charge clients for our time. The price for each service is calculated according to the time that will be spent performing a set of work. The only services excluded from this is our monthly Licence and Support fee.
5. PoSilCo does not provide refunds. Once work is commissioned and has commenced the full amount will be due as per our terms.
6. Monthly Bill Run: Our monthly invoices are generally sent out between the 23rd and the 27th of each month. With the exception of our December invoices that are sent out between the 5th and the 15th of December. Payment of monthly invoices are due within 3 business days. This excludes December invoices, payment of which is due by the last business day of December.
7. PoSilCo will be entitled to adjust any of its charges, including without limitation tariff increases as on the 1st of January, at any time by giving the customer a 30-day electronic notification of such adjustments.

Payment Policy

1. It is the PoSilCo policy that 100% payment is due within 3 business days from invoice date. There are no exceptionsto this, i.e. If the client decides they no longer want the product or service, as they have placed their order or commissioned the work they are obliged to pay the full outstanding amount or monthly fee whichever is relevant. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
2. The risk of payment by cheque through the post rests with the Client.
3. The Client has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Client and any such extension will not be applicable or enforceable unless agreed to by PoSilCo, reduced to writing and signed by the Client and a duly authorized representative of PoSilCo.
4. The Client is not entitled to set off or deduct any amount due to the Client by PoSilCo against this debt.
5. The Client agrees that a certificate signed by any Member of PoSilCo shall be prima facie evidence of the amount due and payable to PoSilCo by the Client including any interest, penalties and costs for the purposes of debt collection or judgment, including provisional sentence or summary judgment, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate.
6. All our terms and conditions are to be read in conjunction with each other.

Penalties For Late Payment

1.       The Client agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any moneys past due date to PoSilCo and that interest shall be calculated daily and compounded monthly from the date of Invoice.

2. Any discount or rebate offered by PoSilCo shall be forfeited if payment in full is not made on or before the due date.
3. In the event of a breach of our payment terms and without restricting or revoking any other rights PoSilCo may have in law, PoSilCo shall have the right to claim from the Client the following costs:
   1. If payment has not been received in full by the payment due date a penalty fee of R100.00 per overdue invoice will we added for every 30 days (Calendar Days) that payment is late;
   2. If payment by cheque is referred to drawer for whatsoever reason, an amount of R90.00 per affected cheque;
   3. If the Client debit order is returned due to lack of funds, an amount of R60.00;
   4. If default necessitates the contact of the debtor by PoSilCo, an amount of R50.00 per call, email or SMS;
   5. If default necessitates a personal visit by PoSilCo, an amount of R100.00 per visit;
   6. Cost for issuing a Letter of Demand at R16.50;
4. The Client agrees that if an account is not settled in full as per our Payment Terms or if the Client commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Client, or if he commits or permits any act that may prejudice the rights of PoSilCo; then in any of these events PoSilCo may in its sole discretion either; (i) be entitled to immediately institute action against the Client at the sole expense of the Client; or (ii) claim damages.
5. PoSilCo shall be entitled to immediately suspend any service and withhold any work while the Client is in breach of any of the terms of any contract between it and PoSilCo.
6. PoSilCo shall have the right to take any legal avenue available to us to pursue payment; non-payment can result in listing a client on the various credit bureaus an/or court judgments being added to the clients credit rating. These remedies are without prejudice to any other right PoSilCo may be entitled to in terms of this agreement or in law

E&OE

SECTION 51 MANUAL for POSILCO MEDIA (PTY) LTD ALSO TRADING AS POSILCO

Prepared in terms of the requirements of the PROMOTION OF ACCESS TO INFORMATION ACT No 2 of 2000 (hereinafter referred to as “the Act”)

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA.

The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown and on its website at www. sahrc.org.za.

Any enquires relating to this guide should be directed to the CEO of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone (011) 484 8300 or Fax (011) 484 1360

PART 1 – INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

Name of Company
PosilCo Media (Pty) Ltd – Reg: 2004 / 004883 / 07 (Previously Trading as Posil Consulting CC)

Email Address

Information Officer
Mr. S Pothas

Postal Address
97 Sunbird Drive
Langebaan
7357

Telephone Number
+27 (0) 87 550 1741

Telefax Number
+27 (0) 86 587 9208

Note: Public information on the company is available on the company’s web site (www.posilcomedia.com).

PART 2 – THE LATEST NOTICE IN TERMS OF SECTION 52(2) (IF ANY):

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

PART 3 – SUBJECTS AND CATEGORIES OF RECORDS HELD BY POSILCO MEDIA (PTY) LTD: SECTION 51(1)(E)

Records that are held by the Information Officer of the Private Company.

1. PRIVATE COMPANY ACT RECORDS

• Documents of registration
• Minutes of Director meetings
• Records relating to the appointment/amendment of directors/ auditor/ secretary/ public officer and other officers
• Statutory registers

2. FINANCIAL RECORDS

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
  • Bank Statements
  • Paid Cheques
  • Electronic banking records
• Asset Register
• Rental Agreements
• Invoices

3. INCOME TAX RECORDS

• PAYE Records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• All other statutory compliances:
  • VAT
  • UIF
  • Workmen’s Compensation

4. PERSONNEL DOCUMENTS AND RECORDS

• Employment contracts
• Disciplinary records
• Salary records
• Disciplinary code
• Leave records
• Training records
• Training Manuals

PART 4 – DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS – SECTION 51(E)

The requester must complete Form 02 and submit this form together with a request fee, to the head of the private body.

• The form must be submitted to the head of the private body at his/ her address, fax number, or electronic mail address

• The form must:
• provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester,

• indicate which form of access is required,

• specify a postal address or fax number of the requester in the Republic,

• identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right,

• if in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner,

• if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.

PART 5 – MANUAL AVAILABILITY.

In addition to the availability of this Manual at the South African Human Rights Commission, this Manual is available from the Information Officer of PoSilCo Media (Pty) Ltd.

In respect of hard copies, any transmission costs/postage will be for the account of the requester. Also see Form 3 for more information.

THIS PRIVACY POLICY FORMS PART OF OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.

1. Definitions

The following words and phrases have these meanings in this document:
1.1. “Personal Information” has the meaning as defined in POPI.
1.2. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.3. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.4. Us”, “we” or “our” means PoSilCo Media (PTY) Ltd and also includes reference to our holding company and its subsidiaries or Trading As names.
1.5. “Site” means Internet World Wide website at URL www.posilcomedia.com
1.6. “You” or the “user” means any person who accesses the Site for any purpose.

2. Status and Amendments

2.1. We respect and recognise the importance of protecting your privacy. This privacy policy statement sets out our information gathering and dissemination practices in respect of the Site.
2.2. This Website Privacy Policy forms part of the Website Terms of Use of this Site. If you do not agree with this Website Privacy Policy and the Website Terms of Use, then you may not use this Site and are required to cease doing so immediately.
2.3. We reserve the right to amend the terms and conditions of this Website Privacy Policy at any time without notice. It is your duty to be aware of the current version of this Website Privacy Policy. Please refer to the last revision number and date at the top of this document. Continued use of the Site subsequent to any amendments having been effected constitutes your acceptance of the Website Privacy Policy as amended.

3. Collection and Processing of Personal Information

3.1. Where you submit Personal Information via the Site the following principles are observed in the handling of that information:
3.1.1. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.1.2. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed.
3.1.3. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
3.1.4. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained or we are required to do so by law.
3.1.5. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
3.2. Note that, as permitted by POPI, we may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.

4. Collection of anonymous data

4.1. We may use standard technology to collect information about the use of this Site. This technology is not able to identify individual users but simply allows us to collect statistics.
4.2. We may utilise temporary or session cookies (a cookie is a small file that is placed on your hard drive) to keep track of users’ browsing habits. This allows us to track your use of this Site as well as your visits to other websites. Other websites may also use these cookies to track your browsing habits.
4.3. Cookies by themselves will not be used to identify users personally but we may use them to compile de-identified statistics relating to use of services offered or to provide us with feedback on the performance of this Site.
4.4. The following classes of information may be collected in respect of users who have enabled cookies:
4.4.1. The browser software used;
4.4.2. IP address;
4.4.3. Date and time of activities while visiting the Site;
4.4.4. URLs of internal pages visited; and
4.4.5. referring websites, search engines and the like.
4.5. If you do not wish cookies to be employed to customise your interaction with this Site it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Site may not be available to you.

5. Security

5.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by this Site from loss, misuse, unauthorised disclosure, alteration or destruction.

6. Links to other Websites

6.1. We have no control over and accept no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any website you visit before using it further.

7. Queries

7.1. If you have any queries about this Privacy Policy please contact us by emailing us at