Terms of Service & Master Logistics SaaS Agreement

1. Parties & Commercial Authority

This Master Commercial Agreement ("Agreement") constitutes a legally binding contract between:

• TVB Network (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa with Registration Number 2022/697770/07, having its principal business address in Johannesburg, Gauteng ("TVB Network", "Licensor", "we", "us", or "our"); and
• The transport operator, haulage logistics contractor, courier enterprise, cross-border freight forwarder, or commercial fleet owner utilizing the platform ("Fleet Operator", "Customer", or "You").

By establishing a fleet workspace, provisioning driver credentials, or connecting telematics tracking units, Customer affirms that it holds all required road transport operator permits under the National Land Transport Act and provincial transportation authorities.

2. Driver Licensing, PrDP & e-NaTIS Verification

2.1. PrDP & License Tracking: TransFleet provides automated expiry reminders for driver licenses, Professional Driving Permits (PrDP Categories G, P, and D), and vehicle roadworthy discs. Tracking alerts rely on data submitted by Customer. Fleet Operator must physically inspect original cards and verify current status via the Electronic National Administration Traffic Information System (e-NaTIS).

2.2. Driver Fatigue & Driving Hours: Calculated shift durations, driving times, and rest interval alerts are secondary digital monitoring aids. Fleet Operator must enforce physical rest breaks pursuant to BCEA Sectoral Determination 9 (Wholesale and Retail Transport) and NRTA regulations.

3. Route Optimization, Weight Restrictions & SANRAL Tolls

3.1. Route Planning: Automated route guidance, waypoint sequencing, and turnaround estimates are informational. The vehicle driver retains ultimate authority and duty to obey physical road traffic signs, municipal heavy vehicle bylaws, bridge clearance heights, and temporary road closures.

3.2. Gross Vehicle Mass (GVM) & Overloading: TransFleet is not a statutory weighbridge. The Fleet Operator is solely responsible for ensuring axle load limits comply with the NRTA at provincial weighbridge inspection stations.

3.3. SANRAL Toll Fees: Toll cost estimations are calculated based on published South African National Roads Agency Limited (SANRAL) tariff gazettes and are subject to official plaza rate adjustments.

4. Cargo Loss, Hijacking & Insurance Disclaimers

4.1. Zero Cargo Bailment: TVB Network is a technology SaaS provider and does not assume physical possession, custody, or control of transported consignments. TVB Network is NOT a common carrier.

4.2. Goods-in-Transit (GIT) Insurance: TransFleet software does not insure cargo against damage, perishable spoilage, hijackings, cross-border border delays, or collision total loss. Fleet Operator must maintain comprehensive commercial Goods-in-Transit and Third-Party Carrier's Liability insurance policies.

4.3. Hazardous Materials (Hazchem): Fleet Operators transporting substances governed by SANS 10231 must independently verify emergency response documentation (Tremcards), placarding, and driver Hazchem training certifications.

5. ZAR Subscriptions, Uptime SLA & Liability Cap

5.1. ZAR Billing via Paystack: TransFleet subscription tiers are billed per-vehicle or per-fleet per month in South African Rand (ZAR) via Paystack or direct EFT.

5.2. BigQuery Telematics Shards: High-frequency GPS telemetry, fuel consumption logs, and trip playback routes are stored in dedicated operational client tables (biz_<clientId>) partitioned by day.

5.3. Limitation of Liability: TVB Network shall not be liable for cellular network dead-zones, GPS signal attenuation, satellite telemetry blackouts, or load shedding power outages affecting base stations. TVB Network's total aggregate liability is capped at three (3) months subscription fees paid by Fleet Operator.

6. Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa. Any dispute shall be submitted to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division (Johannesburg).