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SYNTELL (PTY) LTD - TERMS AND CONDITIONS

COMPANY DETAILS

Syntell (Pty) Ltd
6th Floor Sunclare Building, 21 Dreyer Street, Claremont, 7708
PO Box 30298, Tokai 7966, South Africa
Tel: +27 21 204 6200
Email: admin@syntell.co.za
Registration No: 2003/022275/07
VAT No: 4190209181

1. ABOUT THIS AGREEMENT

1.1 This agreement is between Syntell (Pty) Ltd (referred to as Syntell, we, us, or our) and the property owner where the metering device is installed (referred to as you, or the Meter Owner).

1.2 By purchasing or registering a Syntell prepaid sub-meter, you confirm that:

  • You are the primary Meter Owner or hold the proper authorization to act on their behalf.
  • You have read, understood, and accepted these shortened conditions as well as Syntell's full terms.

1.3 Syntell reserves the right to amend the full terms at any time without prior notice. The most current version can be accessed at [website placeholder] or requested via email, SMS, or WhatsApp.

2. WHO WE ARE AND OUR ROLE

2.1 Syntell supplies prepaid electricity and water sub-meters, and provides administrative and vending services for prepaid metering.

2.2 Syntell is strictly not:

  • A utility provider for electricity or water.
  • An operational agent for municipalities, Eskom, or similar entities.
  • Responsible for the physical manufacturing, installation, or removal of meters.

2.3 Unless otherwise agreed in writing, Syntell devices are specifically configured to function exclusively on our own vending platform.

3. OUR SERVICES

3.1 Syntell offers prepaid metering administration services, which include:

  • Collecting payments for prepaid electricity and water.
  • Remitting collected funds to the Meter Owner, minus applicable service fees.
  • Generating tokens for the prepaid meters.
  • Providing transaction and consumption reporting via an online web portal.
  • Offering reasonable access to meter data.
  • Supplying support via phone, email, and WhatsApp.

4. FEES AND CHARGES

4.1 The specific fees and charges payable by the Meter Owner are established by Syntell and remain available upon request.

4.2 By the second business day of the following month, Syntell will remit the funds received from token sales during the prior month to the Meter Owner, after deducting:

  • Standard service fees.
  • Monthly support fees per meter (excluding VAT).
  • Any other outstanding amounts owed to our platform.

4.3 Syntell is authorized to recover its service fee from either the tenant or the Meter Owner, based on the Meter Owner's authorization.

4.4 No charges are applied by Syntell for standard operational tokens (e.g., clear tamper, clear credit, power limit functions).

4.5 A fee may be charged for key change tokens if:

  • The contract is terminated within four months of the initial vending, or the meter remains unactivated.

4.6 Support fees, which cover after-hours support and vending infrastructure availability, are subject to change without prior notice.

5. YOUR RESPONSIBILITIES

5.1 You must guarantee that:

  • Electrical meters are installed by a certified electrician.
  • Water meters are installed by a certified plumber.
  • All installations adhere to relevant laws and regulations, with certificates of compliance retained.

5.2 You are required to supply Syntell with lawful, complete, and accurate information.

5.3 Tampering with or bypassing the meter or SIM card is strictly prohibited, voids all warranties, and may lead to criminal charges.

5.4 Tariffs supplied to our system must:

  • Be accurate.
  • Be updated yearly.
  • Not exceed any legally approved or regulated tariffs for the property area.

5.5 You remain responsible for:

  • Paying all primary utility accounts.
  • Ensuring tenant collections align with those municipal obligations.
  • Notifying Syntell regarding any shared electricity expenses (e.g., common property areas).

5.6 You must promptly inform Syntell of any changes in property ownership.

5.7 Portal login credentials must remain confidential and secure.

5.8 Syntell meters function strictly as sub-meters and must always be installed downstream from the primary Eskom or municipal meter.

6. LIABILITY AND WARRANTIES

6.1 A 12-month manufacturer warranty is provided for all supported meter brands.

6.2 Syntell's maximum liability is restricted to direct losses and will not exceed 150% of the service fees charged for the affected meter(s) during the month prior to the claim.

6.3 Unless explicitly stated, Syntell accepts no liability for:

  • Indirect or consequential damages.
  • Business interruption.
  • Lost profits or expected revenue.
  • Legal penalties or fines.

6.4 Syntell is not liable for losses stemming from:

  • Tenant actions or access.
  • Incorrect tariffs provided by the property owner.
  • Meter tampering or sabotage.
  • Utility outages, power surges, or load shedding.
  • Force majeure events beyond our control.
  • Failures by third-party service providers.

6.5 Uninterrupted or entirely error-free service cannot be guaranteed.

7. INDEMNITY

7.1 The Meter Owner agrees to indemnify and hold Syntell harmless against any claims, fines, losses, or legal costs arising from:

  • Negligence.
  • Breach of this overarching agreement.
  • Legal non-compliance.
  • Fraudulent or illegal acts.
  • Meter tampering.
  • Tenant disputes or claims.
  • Utility claims against the property.
  • Tariff application issues.
  • Utility supply interruptions.

8. PRIVACY POLICY

8.1 Personal information is collected, processed, and stored in compliance with the Protection of Personal Information Act, 2013 (POPIA).

8.2 The official Privacy Notice, available at [website placeholder], is fully incorporated into this agreement.

9. DURATION AND TERMINATION

9.1 This contract begins upon meter registration and remains in effect indefinitely.

9.2 Either party may cancel the agreement by providing 30 days' written notice.

9.3 Clauses relating to privacy, liability limitations, and indemnities will survive the termination of this contract.

9.4 Following termination, the Meter Owner can request key change tokens to switch to an alternative vendor.

10. BREACH OF CONTRACT

10.1 If a breach of this agreement is not remedied within 10 business days of receiving formal written notice, the aggrieved party may pursue all available legal remedies.

11. GENERAL PROVISIONS

11.1 This document constitutes the entire agreement between the parties. No outside representations are binding.

11.2 The failure to enforce any specific provision does not act as a permanent waiver of that provision.

11.3 All provisions within this agreement are severable from one another.

11.4 South African law governs this agreement entirely.

11.5 Formal legal notices must be sent to the physical and email addresses designated in this document.

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