Service Agreement
& Terms of Cover

1. Parties & Agreement Formation

1.1 This Agreement is entered into between FrostFlow Refrigeration CC (Registration No. to be confirmed), trading as FrostFlow Refrigeration & Air-Conditioning, with its principal place of business at Unit 5, Cooling Park, Blackheath, Western Cape, 7100 ("FrostFlow"), and the individual or legal entity who completes the online registration form and selects a maintenance plan ("Client").

1.2 This Agreement commences on the date the Client completes registration and receives a written confirmation from FrostFlow, and remains in force for the Initial Term as specified in Clause 4, unless cancelled in accordance with Clause 9.

1.3 FrostFlow reserves the right to accept or decline any application at its sole discretion, including following an initial unit assessment.

2. Scope of Services

2.1 FrostFlow will provide maintenance and repair services for the specific unit(s) registered under the Client's account, subject to the plan selected and the exclusions set out in Clause 3.

2.2 Services included under each plan are as described on the FrostFlow Plans page at frostflow.co.za/plans.html at the time of agreement commencement. FrostFlow reserves the right to update plan inclusions with 30 days' written notice.

2.3 All work will be performed by qualified and certified refrigeration technicians employed by or contracted to FrostFlow.

2.4 Service visits will be carried out at the address registered in the Client's account. Additional travel charges may apply for properties located more than 50km from Blackheath, Cape Town.

2.5 Response Time Commitments

• Domestic Fridge Cover: Response within 24 business hours (Monday–Friday, 08:00–17:00).
• Air Conditioning Cover: Priority response within 8 business hours (Monday–Saturday, 08:00–17:00).
• Commercial Unit Cover: Emergency response within 4 hours, 7 days a week via the dedicated emergency line.

Response time is measured from the time a service request is logged via the Client portal, email, or telephone. If FrostFlow fails to meet the stated response time, the Client's next monthly subscription payment will be credited in full, provided the delay was not caused by factors outside FrostFlow's reasonable control.

3. Inclusions & Exclusions

3.1 General Inclusions (All Plans)

• Labour charges for covered repairs performed by FrostFlow technicians.
• Standard parts as listed under each plan (subject to availability).
• Call-out fee waiver for covered faults.
• Written service report provided within 48 hours of each visit.

3.2 General Exclusions (All Plans)

• Physical, accidental, or cosmetic damage (dents, scratches, broken shelves, hinges).
• Damage caused by electrical supply irregularities (power surges, incorrect voltage, load shedding-related faults where a surge protector was not installed).
• Damage resulting from flood, fire, lightning, or any other act of nature.
• Faults caused by improper use, negligence, or unauthorised modifications made by the Client or a third party.
• Units that have not been disclosed at registration or added to the account prior to a fault arising.
• Consumable items: door seals, gaskets, light bulbs, filters (unless specified in plan).
• Pest or rodent damage to wiring or components.
• External pipework, electrical supply cabling, or DB board faults.
• New unit supply or installation (quoted and charged separately).
• Units older than 15 years, unless a pre-cover assessment has been completed and approved in writing by FrostFlow.

4. Contract Term & Minimum Period

4.1 This Agreement has an Initial Term of 12 (twelve) months from the commencement date.

4.2 The Client may not cancel within the first 3 (three) months of the Agreement ("Lock-in Period") under any circumstances, except where FrostFlow is in material breach of its obligations and fails to remedy such breach within 14 days of written notice.

4.3 After the Lock-in Period, the Client may cancel on 30 (thirty) days' written notice, subject to Clause 9.

4.4 After the Initial Term, this Agreement automatically renews on a month-to-month basis until cancelled by either party on 30 days' written notice.

5. Fees & Payment

5.1 The monthly subscription fee is as displayed on the Client's plan at the time of registration and is payable in advance on the 1st day of each calendar month.

5.2 Payment is currently by electronic funds transfer (EFT) to FrostFlow's designated bank account, or by debit order where available. FrostFlow will provide banking details on the invoice issued.

5.3 Invoices will be sent to the Client's registered email address by the 25th of each month for the following month.

5.4 If payment is not received within 7 (seven) days of the due date, FrostFlow reserves the right to suspend service coverage until the outstanding amount is settled. Repeated late payment may result in termination under Clause 9.2.

5.5 FrostFlow reserves the right to adjust subscription fees annually, aligned with the South African Consumer Price Index (CPI), with a minimum of 60 days' written notice to the Client.

5.6 All prices are inclusive of VAT at the applicable rate (currently 15%).

6. Client Obligations

The Client agrees to:

• Provide accurate and complete information at the time of registration, including unit make, model, age, and address.
• Notify FrostFlow immediately of any fault or change in the unit's condition.
• Ensure safe access to the premises and units for FrostFlow technicians during scheduled or emergency visits.
• Not permit any third party to carry out repairs or modifications on covered units without prior written consent from FrostFlow.
• Maintain basic cleanliness around units (clearing dust, ensuring adequate ventilation space).
• Not transfer or assign this Agreement without FrostFlow's written consent.

7. Workmanship Guarantee

7.1 FrostFlow guarantees all repair work carried out under this Agreement for a period of 90 (ninety) days from the date of repair.

7.2 If the same fault recurs within this guarantee period, FrostFlow will return and rectify the issue free of charge, provided the fault is not attributable to a new or unrelated cause.

7.3 This guarantee does not apply to parts subject to normal wear and tear or consumables.

8. Limitation of Liability

8.1 FrostFlow's liability in respect of any single claim arising from this Agreement shall not exceed the total subscription fees paid by the Client in the 12 months preceding the claim.

8.2 FrostFlow shall not be liable for any indirect, consequential, special, or incidental losses, including but not limited to loss of revenue, loss of perishable stock (unless specifically covered under a Commercial Plan SLA addendum), or business interruption.

8.3 FrostFlow's obligations under this Agreement are suspended during any period of force majeure, including but not limited to natural disasters, civil unrest, prolonged load shedding beyond Stage 6, or government-imposed restrictions that prevent the provision of services.

9. Cancellation & Termination

9.1 Cancellation by Client: After the Lock-in Period (3 months), the Client may cancel with 30 days' written notice to sales@frostflow.co.za. All fees paid are non-refundable for the current billing period. No refund is due for a partial month.

9.2 Termination by FrostFlow: FrostFlow may terminate this Agreement immediately, with no refund of fees, if: (a) payment is overdue by more than 30 days; (b) the Client has made a false material representation at registration; (c) the Client or their representatives behave in an abusive or threatening manner toward FrostFlow staff; or (d) the unit(s) are found to be in a condition that makes safe service impossible.

9.3 Early Cancellation Fee: If the Client cancels within the first 3 months (Lock-in Period), the Client will be liable for all remaining months of the Lock-in Period at the monthly rate, which shall become immediately due and payable.

10. Dispute Resolution

10.1 In the event of a dispute, the Client should first submit a written complaint to sales@frostflow.co.za. FrostFlow undertakes to respond within 5 business days.

10.2 If the dispute is not resolved within 30 days of the initial complaint, either party may refer the matter to mediation through a mutually agreed mediator in Cape Town.

10.3 This Agreement is governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Western Cape High Court.

11. Data Protection & Privacy

11.1 FrostFlow collects and processes personal information (name, email, phone number, address, unit details) solely for the purpose of providing services under this Agreement, as permitted under the Protection of Personal Information Act 4 of 2013 (POPIA).

11.2 Client data is stored securely on password-protected systems and is never sold or shared with third parties for marketing purposes.

11.3 The Client may request access to, correction of, or deletion of their personal information at any time by contacting sales@frostflow.co.za.

11.4 FrostFlow retains client records for a period of 5 years after the termination of the Agreement for accounting and compliance purposes.

12. Amendments

12.1 FrostFlow may update these Terms at any time. Clients will be notified by email at least 30 days before changes take effect. Continued use of services after the effective date constitutes acceptance of the updated Terms.

12.2 If a Client does not accept updated Terms, they may cancel the Agreement in accordance with Clause 9.1, without incurring an early cancellation fee where the update materially reduces the Client's coverage.

13. Entire Agreement

This Agreement (together with the plan description applicable to the Client's selected plan) constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements relating to the subject matter. No verbal promise or representation by any FrostFlow representative shall be binding unless confirmed in writing.