Terms and Conditions

1. DEFINITIONS

“Application form” – means the Rubix Transport Application form;

“Child/ren” – means the child/ children listed in the Application form/s requiring the Service;

“Child minder” – means the person authorised by the Client to receive the Child at the Destination;

“Client” – means the parent, guardian or authorised adult responsible for the Child as identified in the Application form;

“Client Code of Conduct” – means the set of rules by which every Client and Child are to adhere to whilst utilizing the services offered by Rubix;

“Collection time” – means the time that collection is required as stipulated in the Application form;

“Departure point” – means the location from which the Child will be collected as stipulated in the Application form;

“Destination” – means the location to which the Child is to be transported to as stipulated in the Application form;

“Driver/s” – means the qualified person rendering the Service on behalf of Rubix;

“Indemnity form” – means the standard Rubix indemnity form;

“Onboard safety officer/s” – means the authorised employee/agent, on selected routes, who accompanies the Driver/s, supervises the Child/ren and enforces the Rubix operational safety and behavioral procedures as documented in the Client Code of Conduct;

“Rubix” – means Rubix Group CC, a South African close corporation having Registration number CK 2011/084857/23, its employees, agents, franchisees and licensees;

“Rubix property” – means the Rubix vehicle (including interior and exterior), Safety seats, accessories and any other property used in connection with the Service;

“Rubix Terms and Conditions” – means these terms and conditions which, together with the Application form, Quotation,  and Indemnity form, shall constitute the entire agreement between Rubix and the Client;

“Rubix vehicle” – means any vehicles owned or operated by Rubix, its Drivers, agents, franchisees or licensees;

“Safety seat” – means a child car seat or booster seat certified with SABS approval;

“Service” – means the transportation of the Child from the Departure point to the Destination;

“Quotation” – means the verbal or written quotation for the Service provided by Rubix.

The Client acknowledges that Rubix terms and conditions may be updated as and when required by Rubix.  Rubix will make the updated terms and conditions available to the Client on their website and the Client agrees to continually familiarize themselves with the terms and conditions of Service.

2. SERVICE

Initiating the service

Contact Rubix telephonically, by email or through the web portal and request a Quotation for the Service or for further information.

Notwithstanding the commencement date stipulated in the Application form, the Service will not commence until Rubix has accepted the Client’s application for the Service in writing, and:

(1) the Rubix Transport Application form is completed in full;

(2) the Indemnity form and Terms and Conditions have been signed by the Client; AND

(3) Payment of the upfront registration fee and seat securing fee is received.

General

The Child will be collected from the Departure point at the agreed Collection time in conjunction with the shuttle timetable and transported in the Rubix vehicle to the Destination. Drivers and/or Onboard safety officers may vary from time to time. Note that Onboard safety officers are on selected routes only.

Children under the age of sixteen (16) years will only be released into the custody of the Child minder stipulated in the Application form, unless otherwise agreed in writing.

The Service may be utilised on a monthly basis or ad hoc (daily or weekly) basis.

Monthly contracts will be ongoing until such time as twenty (20) business days notice is received on or before the 1st October annually. Should notice be received after 1st October, the Client remains liable for November fees and the seat securing fee will be offset against December fees.

Personal details

The Client agrees to notify Rubix by e-mail of any personal detail changes. These changes may include and are not limited to, residential address, contact numbers, child’s school and grade, emergency contact details.

Safety and special equipment

By law the Child must wear a seat belt at all times unless a Safety seat is being used, and this will be strictly enforced. Rubix cannot be held responsible for any damages whatsoever if the Child refuses to be secured in a Safety seat, to wear a seat belt or unfastens the seat belt, and in such circumstances, the Driver and/or Onboard safety officer may in his or her sole and absolute discretion, and without incurring any liability, refuse to transport the Child.

Children under the age of five (5) years, or under one hundred and forty five (145) cm tall, legally require a Safety seat. The Safety seat must be provided by the Client to Rubix and the Client warrants that any Safety seat supplied by the Client to Rubix is SABS approved and suitable for the age/ height of the Child. Rubix will not accept responsibility for Safety seats not being installed correctly in the instance where The Client has provided their own Safety seat and has not demonstrated to Rubix the correct installation of the Safety seat. The Client shall be responsible for the supply and suitability of the Safety seat, and Rubix reserves the right to refuse to transport the Child if no Safety seat is provided. Rubix shall not be held responsible for any damages whatsoever if the Client fails to supply a suitable Safety seat.

The Safety seat will either accompany the Child or be collected together with the Child from the Departure point, and delivered together with the Child at the Destination, or will be kept in the Rubix vehicle until Rubix has received written notice of termination of the Service. The Safety seat will be returned to the Client within forty eight (48) hours after the last day of transfer. Where Rubix supplies the Safety seat suitable for the Child, the Client agrees to an additional charge of R55 per month contracted as per the Service selected by the Client and payable in accordance with the payment terms as laid out herein.

Standards and safety

Rubix vehicles are serviced and maintained to the highest levels however in the unfortunate event of a breakdown Rubix cannot be held responsible for any inconvenience or losses of any kind.

Code of conduct

The Client/s and Child/ren accept the Code of conduct as issued together with the Terms and Conditions as Annexure B, and agree to abide by the safety and behavioral procedures of Rubix. The Code of conduct will be managed and enforced by the Rubix Onboard safety officer or driver (where there is no Rubix Onboard safety officer.

Collections

Morning collections – Clients are to ensure that their Child is ready at the Departure point at least thirty (30) minutes prior to the agreed collection time. Any Child not ready for collection when the Rubix vehicle arrives at the Departure point will not be collected and the Rubix vehicle will continue on its allocated route.

Morning and afternoon collections – Clients should allow for a thirty (30) minute delay after the agreed shuttle collection time to take into account traffic and unforeseen delays. During exam periods or where the schools change their closing times, the delay for collection may be up to one (1) hour. In these instances, shuttle rotations will be structured such that children living within 3km from the school will be taken first and 4-10km will be taken on the second trip round.

Extra mural rosters are to be provided, by the Client, at least three (3) days in advance to allow Rubix to allocate children into the correct shuttle time. If the Child nominates to attend an extra mural during any school term, hence changing the contracted collection time, the Client accepts that the seat at the contracted collection time may be forfeited and the Child will remain on the new Shuttle time for the remainder of the contract or term. This is subject to change in agreement between Rubix and the Client should a seat become available. Failure to submit required changes to Collection times will cause unnecessary delays and Children will be re-allocated to the next available shuttle time, provided that there is a seat available.

Should the Child for any reason whatsoever, fail to utilise the Service at the agreed collection time, Rubix will endeavor to accommodate the Child on the next scheduled shuttle, if any. This however cannot be guaranteed, and the Client will remain responsible for the full Service fees and may need to arrange collection of their child. In the event there is no other shuttle time scheduled for that day, an ad hoc charge will be raised for the bus to be returned to the school to accommodate the unscheduled collection. For any waiting time exceeding 15 minutes from the requested collection time, there will be an additional waiting time charge raised per incident of R30/15 minutes.

The Client agrees to familiarize themselves with the collection procedure and times to ensure the Child is waiting at the allocated area for collection. Failure to be present at the allocated area may result in Rubix not collecting the Child at the agreed collection time and the Client may be informed to make an alternative arrangement should there not be another scheduled Rubix vehicle at a later collection time. Onboard safety officers and drivers are not able to look for children around school grounds as this delays the departure time and delivery times for all children.

Lost property

It is not the responsibility of the Rubix Drivers and/or Onboard safety officers to ensure that the Child has all his/her belongings when leaving school. This remains the responsibility of the Client to follow up with the Child/ren and school regards any lost property. Should any belongings be left on a Rubix vehicle, such belongings are recorded and stored at the Rubix offices. Parents may claim said property by way of an email. Any unmarked items not claimed in the month, will be taken to the respective schools lost property.

Absenteeism

Rubix must be notified between 6.00am and 7.00pm of the day before or before 6am of the same day if the Child does not require the Service. No refunds or credits will be given on absenteeism or illness of the Child.

Route changes

Routes driven by the Rubix vehicle are subject to alterations or cancellations at any time without prior notice and for any reason at the sole and absolute discretion of Rubix. Although Rubix will take reasonable measures to notify the Client of any cancellations or route changes, Rubix will not be responsible for any damages whatsoever arising from any such alterations or cancellations. Route alterations may affect delivery times of children. Rubix will take necessary measures to ensure that times are not affected more than 15-20 minutes.

Schedule changes

Notice of any schedule changes required by the Client must be given in writing to Rubix by no later than 3:00pm on the Friday of the preceding week. If no notification is received from the Client, it will be assumed that the schedule of the previous week or term will continue. It is the Client’s responsibility to ensure that Rubix has received any notice of schedule changes.

Emergency schedule changes

Last minute changes must be communicated via sms notification followed by a telephone call to Rubix. Rubix will, at its sole and absolute discretion, endeavour to accommodate any reasonable proposed change and will confirm to the Client within fifteen (15) minutes whether the requested schedule change is possible.

Delays

Every effort is made by Rubix to adhere to agreed Collection times, but reasonable delays are to be expected and Rubix will not be held responsible or liable for any delays and/or consequential losses that occur as a result of delays.

Unforeseen circumstances

Rubix provides a quality Service, however, any failure to provide the Service due to default by Rubix as a result of unforeseen circumstances will result in the related cost of the relevant transfer being refunded to the Client.

Damage to property

Any littering or damage caused by the Child to any Rubix property will result in a notice being provided to the Client with an accompanying invoice. The Client will be provided with proof of the damage and will be responsible for the costs of cleaning/repair within one (1) week of the notice being received.

Rubix reserves the right to terminate the Service if, in its sole and absolute discretion, (1) the Child engages in any rough play or unruliness or (2) any damage caused by the Child is considered to be excessive.

Should an ill child vomit in the bus, Rubix will invoice the parent for the necessary valet fees incurred in order to bring the bus back into a condition fit for use for other travelers.

Insurance

Rubix is insured and detailed information is available on request.

3. FEES

The banking details of Rubix will appear on the Quotation and subsequent invoice. The Client is responsible for the punctual payment of all fees and proof of payment must be sent to Rubix. Debit orders are accepted by some of our franchisees, and a suitable form will be provided. Any and all bank charges payable for direct deposits are for the Client’s account.

Registration fee

A non-refundable registration fee is levied on acceptance of the quotation and annually thereafter. This fee will cover the Client’s formal registration and future updates on the Rubix CRM and logistics systems. This fee will be included in the January or February invoice annually.

Seat securing fee

A once off refundable seat securing fee equal to a month of the Service is payable before the commencement of the Service. Failure to make any of the required payments will result in the seat securing fee being used to offset outstanding fees. On notice of termination of the Service, the seat securing fee will be used to offset the last month’s fees. Should the last month’s fees exceed the seat securing fee amount (for example if fees have increased since payment of the seat securing fee) the balance of the fees will be invoiced on the final invoice less the seat securing fee held. No cash refunds will be done. Seat securing fees are only offset on the required twenty (20) business days noticed being received and only if all monthly fees have been settled.

Monthly fees

Monthly fees are calculated for one way or return services for a minimum use of Service of three (3) days per week. All fees quoted and charged are as per written quotation.

Monthly fees are payable in advance on or before the twenty sixth (26th) day of each month, unless arrangements have been made in writing at the sole and absolute discretion of Rubix for the payment of fees by a later date. Monthly fees are due and payable in advance every month for the duration of the contract, regardless of any school and/or public holidays, absenteeism or illness. If any payment due by the Client remains unpaid for a period of 10 (ten) days after due date, the seat securing fee will be used to offset any outstanding fees and Rubix shall have the right to withhold services without prejudice to its other rights under this agreement, including its right to immediately institute action against the Client for the full balance owing in terms hereof.

Clients utilising the monthly service are able to sign a debit order authorisation form for the settlement of the monthly fee on the 26th (twenty sixth) day of each month with those Rubix franchisees offering this service.

Services remain available over school holidays for an aftercare programme, sport clinics and other activities with prior written arrangement with Rubix, provided that such activities are within the area and routes of operation of the relevant franchisee or licensee providing the Service. Should any of these activities fall outside of the area or time of operation, Rubix will levy to the Client a service charge relevant to the Service request.

Clients acknowledge that the inability of the child to attend school for any reason, or the absence of the child from the Service, does not relieve the Client of the obligation to pay the monthly fees or to receive credits for days not used.

Ad hoc services

Ad hoc services are subject to Quotation.

Ad hoc fees will be invoiced in advance and full payment of the invoice will be required prior to the service/s taking place.

Special arrangements may be agreed in writing in advance to alter the payment terms.

To register as an ad hoc client, a non-refundable registration fee will be levied on acceptance of the quotation and annually thereafter should you wish to renew your registration on an annual basis.

Tax

In terms of current legislation the Service is exempt from value added tax.

Increases

Annual increases on service fees are effected in January. Increases in the national fuel price may in the sole and absolute discretion of Rubix result in an additional increase in the Service fees during the contract year.

The Client will be given one (1) month’s notice of any increase of the Service fees.

Overdue & Penalty fees

A R50.00 penalty charge per week will be levied for a period of five days where fees remain overdue, thereafter overdue fees plus the penalty charges will result in services being suspended until all outstanding fees and charges are settled.

4. TERMINATION

Monthly contracts may be terminated by the Client on twenty (20) business days prior written notice. Should termination be received after the 1st October, the Client will be liable for the remainder of the calendar year’s fee and the Client’s seat securing fee will be offset against the December service fees due.

Rubix may terminate the contract on twenty (20) business days after giving the Client written notice thereof. Reasons of termination may extend from the Client’s material failure to comply with this Contract unless the Client has rectified the failure within that period through to Rubix being unable to continue providing Services due to area of operation or route changes, collection time changes or other.

Ad hoc services cancelled with three (3) days prior written notice will result in a refund of fees paid less R100.00 administrative fee. No cancellation fee will be payable. However, any cancellation notice received less than three (3) days before the proposed Service will result in a cancellation fee equivalent to half of the proposed Service fee being payable together with R100 administrative fee.

5. INDEMNITY

The client will be required to complete and sign the Rubix Indemnity form marked “A”, before the commencement of the Service.

6. REGISTRATION FORM

The client will be required to complete and continually update the Registration form with all relevant personal details as deemed required by Rubix to provide the Service.

7. MISCELLANEOUS

Domicilium citandi et executandi

Rubix chooses its domicilium citandi et excutandi (“domicilium”) to be 1 Aftonwold Road, Lonehill .

The Client chooses its domicilium as stipulated in the Application form.

Either party may at any time change its domicilium by notice in writing, provided that the new domicilium is in the Republic of South Africa and consists of, or includes, a physical address at which process can be served.

Entire Agreement

This Contract and the Annexures to this Contract, which are incorporated in this Contract and form part of this Contract, constitute the entire understanding between the parties and supersede any previous agreement, representation or understanding regarding this subject.

No representations

A client may not rely on any representation which allegedly influenced that client to enter into this Contract unless such representation is recorded in this Contract.

Variation, cancellation and waiver

No contract varying, adding to, deleting from or cancelling this Contract and no waiver or any right under this Contract shall be effective unless reduced to writing and signed by both parties.

Severability

This Contract shall be severable, and in the event that any portion of this Contract is declared or deemed to be illegal or invalid by the court, regulatory agency or anybody having jurisdiction or competence, the remainder of this Contract shall remain valid and enforceable. In the event that any provision of this Contract should become invalid or void, the invalid or void provision shall be modified or supplemented by means of a corresponding agreement of the parties to this Contract in such manner that the economic and legal purpose of the invalid or void provision is effectuated.

Governing law

This Contract shall be governed by South African Law.

Additional comments

In certain instances the Rubix vehicle may be owned by a third party, e.g. where Rubix has been engaged to manage school owned transport services on behalf of a particular school, in which case these Terms and Conditions, as well as the Application form and Indemnity form will apply.

WEBSITE USAGE

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Rubix Shuttles & Transfers relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Rubix Shuttles & Transfers’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is P.O. Box 1159 Witkoppen, 2068. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa.

PRIVACY POLICY

This website uses website statistical analytics by Statcounter and Google Analytics by Google, Inc. both use cookies – text files – stored on your computer to analyse users visiting the website. Your IP address and non-indentifiable information is sent to Google and Statcounter servers and used to provide evaluation of website use. Statcounter and Google may send this information to third parties if required by law or where information is processed on their behalf by third parties. Google does not associate your IP address with other data held by them. You can switch off cookies on your web browser but in doing so it may restrict website functionality. In using this website you accept the terms of this privacy policy and consent to the processing of data by Statcounter and Google.

In projects Developer and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

DISCLAIMER

All information contained in this website is intended for general information purposes only. The information is provided by Rubix Shuttles & Transfers. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Rubix Shuttles & Transfers will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Rubix Shuttles & Transfers has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Rubix Shuttles & Transfers will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

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