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All business undertaken by Rutco Communications (Pty) Ltd is subject to the following terms and conditions:


For the purposes of the terms of use:



  • “Agreement” – these standard terms and conditions which will manage the relationship between the parties, together with the On Boarding Form and any appendices attached. By completing the subscriber application and taking up the service, you agree to be bound to these terms and conditions.
  • “Cancellation of service” – the process of emailing cancellations@rutco.co.za , completing the cancellation form and emailing it back to cancellations@rutco.co.za with the proof of payment for the roll up figure.
  • “Client” – the party whose details appear on the Subscriber Application Form and who has signed after being requested to read this Agreement.
  • “Confidential Information” – information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential
  • “Cooling-Off” – the right of the Client to rescind the agreement if it originated from Direct Marketing as per the CPA 68 of 2008.
  • “Data” – any data, including, but not limited to, telematics data and/or personal data as defined in the Electronic Communications and Transactions Act of 2002 and any other legislation related to the protection of data, supplied by Rutco and/or the Client or stored, collected, collated, accessed or processed on behalf of the Client.
  • “Day”– a business day which shall exclude a Saturday, Sunday or public holiday.
  • “Direct Marketing” – where Rutco approached the client, either in person or by mail or electronic mail, for the direct or indirect purpose of promoting or offering to supply the Services to the Client.
  • “Fee” – the collective fees for providing the Service, and minimum term option, together with any other charges specified on the Subscriber Application Form and/or which Rutco is allowed to levy under this agreement, and which are set out in the Price Table.
  • “Independent installers” shall be selected by the client for the installation of the device, the independent contract does not bind Rutco in any way and has been selected by the client to perform the function. – Rutco shall only facilitate the installation and provide the Client with a list of partners from which to select.
  • “Intermediary” means any person appointed by the client to act on their behalf in order to comply with the requirements to obtain the service from Rutco, this intermediatory shall be an agent of the client and shall bind them accordingly.
  • “Monthly Subscription” the cost of the service, payable monthly in advance to Rutco up to the end of the Term. Thereafter the agreement shall be on a month-to-month basis.
  • “On Boarding Form” – the agreement concluded when signing up for the device on the app and any schedules attached, containing details of the Client, the device/s and the Vehicle/s.
  • “Price Table” – an indicative price list, available to the Client under the legal tab of the App, setting out the ruling retail price for the device, the Service, the Minimum term option, and ancillary charges which may be updated from time to time and published on Rutco’s website or App.
  • “Roll-up” on cancellation of the agreement by either party, an invoice shall be generated which will include the remaining outstanding set up costs as well as the administration fee. This invoice shall become immediately due and shall be debited from the clients supplied bank account 48 hours after the cancellation was accepted.
  • “Rutco” – Rutco Communications (Pty) Ltd and shall include references to the employees and any subsidiaries.
  • “Service” – the provision by Rutco to the Client of a device whereby the Client is able to monitor passengers in their vehicle, review events and assess driver behavior by accessing driver trip data, and onboard images captured in the vehicle. The services are rendered in the Territory and subject to the Product selected by the Client on the Subscriber Application Form.
  • “Set Up Costs” – These are the costs incurred by Rutco when a client requests a device be installed in their vehicle and included but are not limited to the cost of the device, the costs of the device installation and an admin fee.
  • “The App” is the web-based application which is IOS and Google Play store compatible and is how you place your order for the device.
  • “The Device” – the electronic vehicle management system (VMS). The device, together with the camera lens, SIM card and ancillary equipment to be installed in a vehicle by an independent installer in order to provide the services.
  • “Term of agreement” – the standard Term is 36 Months and shall commence on the date of signature and come to an end 36 months thereafter. Should the client not cancel the agreement the agreement shall continue on a month-to-month contract.
  • “The Parties”/Party” – Rutco and the Client; either Rutco or the Client.
  • “The Territory” – the Republic of South Africa.
  • “Vehicle” – any vehicle or asset of the Client which is the subject of this Agreement and in which a device is installed, the details of which appear either on the Subscriber Application Form or on any schedule attached.

    • The Service


  • Rutco will provide a list of independent installers to the client to choose from for the installation of the device into the Client’s vehicle and within 72 (Seventy-Two) hours from installation, provide the Client access to the Services via the authorised app.
  • The Client authorises Rutco and the independent installers to do all such things necessary to mount and secure the devices in the vehicle, including, but not limited to, drilling into the body of the vehicle, removing the head liner, removing the dashboard and accepts all risk and liability arising out of the installation of the device. Rutco installer will receive training and as such will mount the device on the vehicle in a position that it deems appropriate. In the event that the Client wishes to have the device and/or ancillary equipment repositioned, the client will be liable for the costs incurred by the independent installer and any other fees that may be applicable as set out in clause 4.7.
  • Included in the Fee is data, which Rutco has advised is sufficient to perform the service. Any data that is unused during a month will not carry over to the next calendar month.
  • The device will activate upon movement of the vehicle and will register events within 60 (sixty) seconds of activation. Tracking will remain active while the vehicle is stopped at a fixed location.
  • Rutco provides no warranty that the Service will capture all events, that remote access and the network will be continuous or uninterrupted, that the system or data will be error-free, that any specific result or outcome will be achieved by utilising the Service, or that the use of the Service by the Client will comply with all applicable laws. The Client accepts responsibility for making all reasonable enquiries as to the suitability for purpose of the device, the main features of which are disclosed in product brochures which are available to the Client on request.
  • When the storage space on the device is exceeded, it will automatically overwrite the existing footage. Rutco shall not be liable for the loss of footage due to storage constrictions, damage to the device or failure in the network
  • Rutco will not be liable for their failure to perform the service, should this failure be due to the failure of the network, failure of the device and wiring or failure to connection to Rutco systems.
  • It is the responsibility of the Client to contact Rutco for a device test to be carried out on a regular basis. The Client must take all reasonable steps to ensure that the device is in proper working order and must immediately, or as soon as is practically possible, report any device faults and/or failures to Rutco. Upon reporting a fault and/or failure or on receipt of a notification from Rutco pertaining to a fault or failure, the Client shall make the vehicle available for repair within 3 (three) working days of establishing the fault and/or failure.
  • In the event that the Client requires Rutco to recover and review footage from the device, Rutco will use its best endeavors to recover this data, provided a backup is available on the Rutco server.

    • Terms and Cancellation


  • The Client may cancel this Agreement on one calendar months’ notice, subject to the Client remaining liable to Rutco for any amounts owed in terms of the Agreement up to the date of cancellation as well as the roll up costs. In the event that the Client cancels this Agreement before the expiry of the Term, Rutco will impose a reasonable cancellation penalty (being the roll up costs) in lieu of set up costs incurred with respect to the Services provided in contemplation of the Agreement enduring for its intended Term.
  • Rutco shall issue the client with a roll up invoice which will be payable immediately via EFT;
  • Should the payment not be made with 24 Hours of the delivery of the invoice, the roll up costs will be debited from the client’s bank account within 48 hours of the cancelation being accepted by Rutco.
  • Despite the Roll up costs including an administration fee, the client shall not have access to the service from the end of the notice period.
  • Rutco may cancel this Agreement 20 (twenty) business days after giving written notice to the Client of a material failure by the Client to comply with the terms of this Agreement.
  • Should the Client have concluded the Agreement with Rutco as a result of Direct Marketing, the Client has the right to enforce its Cooling-Off rights, if entitled in terms of the Consumer Protection Act 68 of 2008, to cancel the Agreement by written notice to Rutco within 5 (five) business days after the Agreement has been concluded. If any payment has been made by the Client to Rutco in terms of the Agreement emanating from Direct Marketing, Rutco will return the payment to the Client within 15 (fifteen) business days if no installation has been completed, or within 15 (fifteen) business days after the return of the device to Rutco if installation has already taken place. If the device is not returned within 15 days Rutco reserves the right to continue service and debit the clients bank account in accordance with the terms of service.
  • On the expiry of the Term of the Agreement, it will automatically be continued on a month-to-month basis, subject to the notice periods in 3.1.

    • Fee


  • The client hereby consents to Rutco debiting the monthly fees as well as any additional costs as set out in the Price Table, as contained on the App and updated from time to time.
  • As payment for Rutco undertaking to provide the Service, the Client shall pay Rutco monthly in advance, by debit order on their bank account, the Fee as set out in the On Boarding Form. The first Fee shall be paid prior to the installation of the device. In the event that the Client’s debit order is returned for any reason whatsoever, Rutco reserves the right to change the date on which debit orders are processed.
  • The Client shall pay Rutco for additional ad hoc Services within 30 (thirty) days of receipt of an invoice from Rutco. The Client agrees that such costs reflected on an invoice received from Rutco shall be considered a true reflection of the costs incurred by the Client and the Client shall not withhold payment for any reason whatsoever. Should payment not be affected within 30 days of receipt of the Invoice, Rutco is authorized to debt the account provided.
  • This Agreement shall continue for the Term and automatically renew after 36 months. An advanced digital notice will be sent to the customer three months prior to the end of the contract term via SMS and through an in-app notification. The notice will contain detail of the contract end date and request for feedback on whether the contract should be cancelled. Should the customer not respond with instruction to cancel, Rutco will auto renew the contract at the agreed rate until such time as the customer requests cancellation, upon which, no cancellation fees will apply.
  • The Client agrees that the portion of the cancellation fee which relates to foreign currency input costs may be subject to change, at Rutco’s discretion, based on the foreign exchange rate at any given time and/or any price changes effected by third-party service providers. Rutco shall provide the Client with 30 (thirty) days written notice of the changes in the Fee through an updated publication on the app that will be subject to change control
  • Where the Fee is payable, by direct or indirect Agreement between the Client and the Intermediary, to be paid to Rutco by the Intermediary, and the Intermediary fails to pay any Fee, the Client will be responsible to pay such Fee, and for the remaining term of this Agreement, pay by debit order (in terms of 4.2) any outstanding and future fee due in terms of this Agreement.
  • Fees for other services shall be charged for at prices (VAT inclusive) per the following table, subject to an escalation from time to time


    • Cancellation Costs (Pro Rata based on term)
    Description Total Up Front Cost
    Vehicle Management System R4 560,00
    Cabling R115,00
    Lighting R265,00
    Components and Sub Assembly R225,00
    Installation R350,00
    Administration (45%) R2 481,75
    R7 996,75


    Hardware and Warranty

  • The Client will be responsible to use the device and the Service in the manner advised by Rutco. The Client or their staff, agent, driver or other shall not, in any way, alter or tamper with the device.
  • The installation carries a 12 (twelve) month warranty only if the device has been insured through Rutco, subject to damage to the device not arising from:
  • an accident in which the vehicle is involved;
  • tampering with the device and/or any ancillary devices, or any work being carried out on the device by a person not authorised in writing by Rutco to work on the device, or vandalism or malicious damage howsoever caused, or misuse, abuse, or negligent handling of the devices and/or the service;
  • any damage caused by fire, attempted theft or water;
  • any theft of the device from the vehicle;
  • any damage caused by a faulty electrical supply;
  • any damage caused as a result of the ingress of any fluid penetrating the device;
  • rodents or insects;
  • any other event out of the direct control of Rutco.
  • All risk of loss and damage to the device shall, from the date of installation, pass to the Client, but ownership of the device shall remain with Rutco until payment of the set-up cost have been made in full and/or the end of the Term reached. If the device has not been paid for in full, or the end of the Term has not been reached, and this Agreement is terminated in accordance with clause 3 or clause 10, Rutco may at its expense remove the device and the Client shall, within 5 (five) days of receipt of any written or verbal request, deliver the vehicle to an Installation Centre for such removal.

    • Furnishing of Information

  • The Client confirms the correctness and accuracy of all the information on the On Boarding form or otherwise furnished by or on behalf of the Client to Rutco.
  • The Client shall immediately, or as soon as practically possible, notify Rutco in writing of any changes in the information on the On Boarding Form or other information furnished to Rutco from time to time, by written notice to Rutco’s chosen email address; legal@rutco.co.za which will be updated within 7 (seven) days of receipt by Rutco.
  • The Client has chosen the legal service address referred to on the on-boarding application form as its chosen domicilium citandi et executandi (legal address) where all communications from Rutco and any legally required notices will be delivered for all purposes arising out of this Agreement, provided that the Client shall be entitled to change such legal service address, on written notice to Rutco. Rutco will affect the change of legal service address within 7 (seven) days of receipt by Rutco of such notice.

    • Warranties and Representation

  • The Client represents and warrants that;
  • It has the necessary right and authority to allow for the recording and disclosure of all data and information provided by the Service and has complied with all applicable laws and regulations regarding such recordings and disclosures;
  • It consents to Rutco disclosing all of its information to third-party suppliers in order to fulfil its obligations under this Agreement or to any party requesting the same by way of a subpoena;
  • Consent is given to Rutco to make use of the data collected from the device for the purposes of constructing data models which can be shared with partners and subsidiaries of Rutco, including other applications owned and operated by Rutco or related business.
  • Rutco’s sole liability and the Client’s sole and exclusive remedy shall be the re-performance of an unsatisfactory portion of the Service

    • Client’s General Obligations

  • It is the Client’s responsibility to ensure that the device is functioning to Rutco’s manufacturers specifications. If the Client becomes aware or is made aware by Rutco that the device in a vehicle is not operational, the client must immediately, or as soon as practically possible, trouble shoot the issue with the device through the Whatsapp help line. Should the issue persist, the vehicle must immediately be made available to Rutco, as Rutco will be unable to provide the Service until the device is operational.
  • Should the client failure to notify Rutco of the damaged device or fail to rectify the issue. Rutco shall still charge the client the monthly subscription amount despite the device not being operational.
  • The Client shall not directly or indirectly modify, enhance, alter, prepare derivative works, decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer any the device, or assist, enable or permit others to do the foregoing. Any of the aforementioned acts shall be deemed to be a breach of confidentially and Rutco reserves their rights to take whatever action they deem necessary. Should Rutco be forced to take legal action, the client shall be liable for Rutco’s attorney own client costs.
  • In the event that the Client requests Rutco to share any information with a third party, including, but not limited to, Data, Client information or Confidential Information, the Client shall indemnify Rutco from any responsibility for the security, care, confidentiality or any other aspect pertaining to the use of such information by such third parties.
  • The Client holds exclusive responsibility, and Rutco shall have no liability, for ensuring that the Service complies with all laws regarding the intended uses by the Client of the Service herein.

    • Default


  • If the Client (or the Intermediary on the Client’s behalf) fails to pay any amount due in terms of this Agreement after 7 (seven) days written notice of default, or the Client abuses or misuses the Service, then, for the duration of such default, Rutco may suspend all of its obligations. Rutco shall be entitled to recover arrear Fees by debiting the Client’s account with the outstanding amount or by any other legal action and cancel the Agreement and charge a reasonable penalty fee (being the remaining value of the contract) for early termination.
  • Rutco reserves the right to debt the entire roll up costs in a single debit order (acceleration clause) and permanently suspend the client services should the client be in default for more than 30 ordinary days.
  • Should the debit order fail again, Rutco reserves the right to recover the roll up costs by instituting legal action. The client shall be liable for the attorney and own client costs including collection commission and all tracer and sheriff fees, including non-service costs

    • Disclaimers


  • Rutco makes no warranty that the Service will capture all events, that remote access will be continuous or uninterrupted, that the app will be error-free, that any specific result or outcome will be achieved by utilising the Service, or that the use of the Service by the Client will comply with all applicable laws.

    • Exclusion of Liability


  • In addition to any other indemnities contained in this Agreement, Rutco will not be liable for any loss or damage of whatsoever nature caused to the Client in consequence of any act or omission by Rutco or your selected independent contractor, notwithstanding any negligence on the part of Rutco, provided only that Rutco is entitled in law to contract out of such liability. In the event that Rutco is, despite the provisions of this clause 12, found by a court of law with competent jurisdiction to be liable

    • General


  • Rutco will make every reasonable effort to carry out its obligations under this Agreement, using commercially reasonable efforts conforming to generally accepted industry standards. Where Rutco is directly or indirectly prevented or restricted from carrying out all or any of its obligations under this Agreement by a cause beyond its control, then Rutco cannot be held responsible for delay or failure in performance in meeting its obligations, but only to the extent so prevented. In this case, Rutco will complete the Service as soon as is reasonably possible.
  • During the period this Agreement is in effect and at all times after its expiration or termination, each Party and its employees and agents agree not to disclose any Confidential Information obtained from the other Party to any other person or entity.
  • The Client may not alter the terms of this Agreement without the written consent of Rutco. Rutco reserves the right to amend these Terms and Conditions from time to time. Any new version of the Terms and Conditions will be displayed on the Rutco’s website as well as in the web-based application together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the Client’s obligation to visit the Rutco website or review the legal tab on the web-based application on a regular basis in order to determine whether any amendments have been made and the effective date thereof.
  • Where any number of days or other period is given in this Agreement for the carrying out of the Services or obligations, the days will be calculated by excluding the first day and including the last day.
  • In the event of Rutco taking legal action against the Client or the Intermediary for breach of payment under this Agreement and an award is made in Rutco’s favour, the Client shall be responsible for all costs on a client and own attorney scale allowable by the courts.
  • The nature and amount of any indebtedness of the Client to Rutco at any time shall prima facie (based on first impression) be determined and proved by a document signed by a manager of Rutco. It shall not be necessary to prove the capacity or authority of this manger and the mere production of this certificate shall be binding on the Client as prima facie proof of the contents of the document and of the fact that the amount stated therein is due and payable in any legal proceedings against the client. The certificate will also prima facie be valid as a liquid document against the Client in any competent court. If the client wishes to dispute such certificate or the effects thereof as set out above, the burden of proof rests on the Client to prove otherwise.
  • Rutco shall be entitled to cede all or any of its rights and delegate all or any of its obligations to any third party without prior notice to the Applicant at any time.
  • Rutco will try and solve any disagreements quickly and efficiently.
  • The laws of the Republic of South Africa will apply to this Agreement and the relevant courts of the Republic of South Africa will have exclusive jurisdiction in relation to the Agreement.
  • The Client confirms that it has been given an option to receive future marketing correspondence as well as an option as to the method the correspondence is provided. The Client further confirms that they have voluntarily indicated their chosen means of correspondence on the o Application Form.

    • Contact us

    If you have any complaints, requests or questions about how your personal information is handled by RUTCO, you have a privacy concern or you wish to make a request or a complaint relating to your personal information, please contact us.
    You can reach us at:

    Communications Information Officer
    Rutco Communications Sizwe Dladla

    You also have the right to lodge a complaint with the Information Regulator once POPIA comes into effect.
    Last modified: 10 August 2022