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Terms and Conditions


          

1.    General

I have received the goods or services.

1.1  The application completed forms part of these terms and conditions;

2.    Services

2.1  Service Provider will not be liable to customers for any network interruptions, including without limitation, downtime regarding computer services or interruption of internet service providers;

2.2  The Service Provider reserves the right to restrict content on the website and has sole discretion to terminate services without notice due to any content deemed by Service Provider as illegal, false, misleading, fraudulent, immoral and offensive.

2.3  The Service Provider will make reasonable effort to ensure the website is available at all times, but is not liable for downtime or failure of the website.

2.4  The Customer undertakes responsibility for its own data and processes, and all other IT-related requirements not included in the services.

3.    Repayment Schedule

I accept and agree to the repayment of monthly rent including sms and transaction fees that may differ each month according to usage.  Invoices are emailed on the 25th of each month and are payable on the last day of each month.

4.    Consent

The Customer consents to the service provider to obtain and supply any information from or to any credit bureau and his employer inter alia, without derogating from the generality hereof, details pertaining to the Customer’s salary, employment, residential address and best contact. The Customer indemnifies the Service provider against any loss or damages it may suffer as a result of a failure to provide such aforesaid consent.

5.    Consumer’s right to terminate the agreement

The Customer may terminate this agreement at any time by giving one month’s notice and paying any outstanding invoices and amounts owing in full.

6.    Service Provider’s right to terminate the agreement

6.1  The Service Provider reserves the right, in terms of section 123 of the Act, to terminate this agreement and proceed with legal proceedings in terms of section 129(1)(b) and section 130(1) of the Act, which proceedings may result in a Court of law enforcing the repayment of the Customer’s outstanding obligation in terms of this Agreement.  Any judgment of such Court, as aforesaid, shall be recorded by credit bureau available to other service providers.

7.    Penalty Interest on arrear amounts

Should the Customer default and / or fails to pay any amount on the due date thereof, then same shall attract penalty interest as calculated in 7.1 below:

7.1  the Customer shall be liable for and pay interest, calculated on the total amount which is payable but is unpaid at the same rate as set out in the National Credit Act, for Incidental credit transactions, from the date of default to date of payment in full; and

7.2  the full outstanding balance of the capital together with total cost of credit charges (including any unpaid accrued interest) and 34 (thirty four) percent debt collection fee  shall, at the sole discretion and instance of the Service Provider, immediately become due, owing and payable;

8.    Payments

Payments will be allocated firstly towards payment of any due or unpaid interest, thereafter any due or unpaid fees or charges (including legal costs, if any) and lastly the capital.  I hereby authorize the Service Provider to debit funds for collection at my account provided in my application form on condition as agreed in this agreement.

9.    Breach of Agreement

If the Customer is in default for at least 20 days, subject to 10 days written notice as contemplated in Section 129 (1) or 86 (9), the Service Provider may approach the court for an order to enforce the agreement including a claim for all outstanding amounts and / or damages.  The Customer agrees to pay all reasonable costs of the collection of payments and further agrees to pay all legal costs on an attorney and client scale caused by his/her default including debt collectors’ costs and tracing fees.

10.  Cession

The Service Provider has the right on written notice to the Customer to transfer (cede and assign) all the Service Provider’s rights and obligations in this agreement to a third party and the Customer will then pay the third party instead of the Service Provider.

11.  Entire Agreement

This agreement constitutes the entire agreement between the parties relative to the subject matter hereof and supersedes all representations, warranties, agreements or undertakings previously made relative to such subject matter, and no such representations, warranties, agreements or undertakings shall be of any force and effect unless contained herein.  No indulgence, extension of time, relaxation or latitude which the Credit Supplier may show, grant or allow to the Customer shall constitute a waiver by the Service Provider of any of its rights and the Service Provider shall not thereby be prejudiced or stopped from exercising any of its rights against the Customer which may have then already arisen or which may thereafter arise, and / or applying / enforcing the terms of this agreement.  No variation of any of the terms and conditions of this agreement will be binding on the parties unless committed to writing and signed by them respectively.  Should any provision or portion of this Agreement be unenforceable by law, void or voidable, such provision shall be severable from the remaining provisions hereof which shall remain in full force and effect.

 
 
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