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.