1-INTERPRETATION: The “Company” refers to the provider of
this
application and/or its related services in the respective region
or it’s
assignees; "Customers" means customers of the company
(being merchants or users) or customers of merchants;
"User" means you being either a Merchant or a Customer,
being the natural or legal person which has entered into this Agreement
acknowledged by usage of this website or software program or provided
services; “Concession” refers to any
payment or credit granted by the company to the User with respect to a
transaction that was not processed by the User in accordance with the
strict provisions herein; “Pin number” refers to a unique
identification
number, which upon input into a compatible device grants the end-user a
credit
value for the use of the services as offered by a SP; “SP” refers to
any
service provider (or their agents) such as Telephony Networks,
Electricity
Suppliers, Postal Services, Municipalities, Banks and/or any other
providers of
services (a SP also refers to the company where the company is the
provider
of a particular service); “Terminal equipment” refers to devices
capable of
accepting the input of data and communicating such data to remote
computer
networks and/or any other peripheral equipment supplied by the company;
“Software program” refers to programs supplied by the company enabling
the use
of services of the company; “Instructions” refers to communications by
the User to the company (e.g by telephone, e-mail, terminal equipment
or fax); Reference to natural persons includes legal persons and vice
versa,
references to singular includes plural and vice versa, references to
any gender
includes the other gender; The company & User are independent &
nothing herein shall be interpreted as to imply that they are partners,
joint
undertakers or shareholders for any purpose whatsoever.
2-PAYMENTS: Amounts due to the company shall be paid to the company, free of
deduction and without any set-off whatsoever. The company shall have the right
to set off and/or claim back any concessions from the User at any time
should the User’s account be outstanding. Overdue amounts shall attract
interest at a permissible rate chosen by the company compounded monthly until
the date of settlement. Upon termination of the agreement for any reason, all
amounts owed by the User to the company shall become immediately due and
payable
3-LEGAL ACTION: The User hereby grants the Company the right to
institute any legal action of whatsoever nature (in the name of the User as
the plaintiff) against any customer or any other course of action if fraudulent
activity is suspected. The User hereby undertakes to give the company its
full cooperation and assistance in any legal action, including the signing of
affidavits and attendance at Court, if required.
4-DEBIT INSTRUCTIONS: Should the User authorize the company and its
bankers to draw against its bank account or credit card, such instructions
shall be irrevocable and the User acknowledges that it shall under no
circumstances whatsoever reverse, cancel or stop any payment related to any
such instructions.
5-DAMAGES: The company is hereby exempted from and shall not be liable under any
circumstances whatsoever to the User for any loss, damage, whether
indirect, consequential or otherwise, or for any loss, profits of other special
damages of any kind whether within the contemplation of the parties or not, as
the User may suffer arising out of this agreement. The User indemnifies
the company against any action for damages or otherwise (resulting as a direct
or indirect consequence of the company’s performance) brought against it, by a
customer, SP, end user or any other party.
6-DISPUTES:
At the option of the company any action or application
arising out of this agreement may be brought in any court that the
company may
agree to elect, and the User hereby consents to the jurisdiction
thereof.
The User shall not under any circumstances withhold any payment of
whatsoever nature from the company, notwithstanding any claim against
the
company. Queries by Users regarding the accuracy of their account with
the
company, must be submitted in writing no later than 30 days, failing
which the User shall have no claim thereof. Any dispute relating to any
fees shall be
referred to the company’s auditors who shall act as an expert and whose
decision shall be final and binding on the parties. Any performance or
non-performance by a SP and/or any other party shall in no way effect
the User’s obligations to the company, and the User shall not use such
performance or lack thereof as a defense against any claim by the
company. The User undertakes that it shall not, under any
circumstances, refund a customer for the purchase of a pin number or
voucher
but shall refer the matter to the company or an SP for resolution with
any such
customer. In a case where a customer has stopped payment or performed a
chargeback on a card transaction the following shall apply: The SP
shall,
at its sole discretion determine the validity of any such stop
payment/chargeback; In a case where such chargeback/ stop payment is
valid
(e.g. inadequate delivery of goods/ services), the SP shall be entitled
to
claim back from the User any funds previously paid out to the User in
lieu of such transaction. Should a dispute between a customer and a
User occur, the User shall to the best of his ability attempt to
resolve the matter failing which the User shall have no claim
whatsoever
against an SP with respect to any performed transaction. The User
must inform the company in writing within seven (7) days after it has
come to
its attention that its customer has indicated a dispute in respect of
the transaction
which gave rise to a chargeback or a stopped payment.
7-SOFTWARE, PASSWORDS AND DELIVERIES: Ownership and copyright
to the software
program shall vest solely with the company. Unless purchased by the
User, Ownership of any supplied hardware to the User shall vest with
the company and shall be returned to the company on demand at the
User’s own
expense. The Comapny provides its services based on
undertakings by Users as outlined herein and/or in any client
agreement, association agreement, distributor agreement and/or any
other procedure manual. Should you, as the User, not be aware of your
obligations to such terms and conditions please contact
us immediately. Your usage of this site constitutes your agreement
to all the prescribed terms and conditions. When applicable, you
are solely and entirely responsible for maintaining the confidentiality
of your data, password and user code. You must notify us immediately if
any unauthorized use of your password or user code or any other breach
of security. We will not be liable for any loss that you may incur as a
result of someone else using your Password or User Code, either with or
without your knowledge. However, you could be held liable in the case
where someone else using your User Code or Password. You
may not use anyone else's User Code at any time, without the permission
of the User Code holder. The information available through our websites
may include inaccuracies or errors. All information received via this
site or any respective site should be checked or reconciled and
independently verified. This site has been created for your convenience
and we do not warrant or guarantee its contents. We reserve the right
to change the terms and conditions for usage of this site at anytime.
We may also make improvements and/or changes to this site at any time.
We reserve the right, at our sole and absolute discretion to terminate
your access to any of our related services.All risks including the risk of destruction or loss shall pass
to the User on taking delivery of any goods or services from the company.
8-AMENDMENTS AND NOTICES: The Company may amend or substitute any terms of this
agreement by giving a 30 day notice to the User. Should any terms of this
agreement or any respective charges be influenced by any directive of an SP or
change in market conditions then the company shall be entitled to amend the terms
of this agreement so as to reflect such with immediate effect & without
notice to the User. No amendments or substitutions shall constitute a
variation of any prior obligations of the User to company, save as to where
the old terms are inconsistent with the new terms.
9-CANCELLATION: This agreement may be terminated in the case of the User, subject to no outstanding payments, by giving the company written a 7
day written notice and/or in the case of the company, at any time, by giving
the User immediate notice. A cancellation of this agreement shall in no way
vary or alter the User's obligations or liability to the company as
contained herein.
10-RIGHT OF CESSION: The company is entitled to cede, without
notice to the User, all or any of its rights under this agreement,
either
absolutely or as collateral security, to any other legal person or
persons and
whether such cession is made to the cessionary alone or to the
cessionary
jointly and severally with the company, and if such cession occurs, the
User, if so required by any such cessionary, make all payments direct
to
such cessionary. Any reference in this agreement to the company shall,
unless the context indicates otherwise, be construed as referring to
the
cessionary. The User hereby undertakes to accept the cession and to
acknowledge the rights of the cessionary in terms of this clause.
11 UNDERTAKINGS BY THE User: The User undertakes: Not to do
anything
that damages the good name & reputation of the company, it’s
assignees or
associates; Not to, under any circumstances whatsoever, induce or
persuade customer of the company to subscribe to any service of a
competing
third party; To keep equipment & passwords safe from unpermitted
access;
Not to cede or assign any of its rights or obligations in terms of this
agreement without the prior written consent of the company; That the
obtainment
of services from the company does not infringe on any other agreement
the User has with a SP. To comply with any terms & conditions
issued by an
SP or the company as may be published periodically; To ensure that this
Agreement does not violate any law, or conflict with any other
agreement of the User and to ensure there is no action or proceeding
threatening the User’s
ability to perform its obligations herein.
12-GENERAL: The Company has the sole right to approve or decline
to enter into this agreement or to exclude the offering of some of its services or its transaction processing
to the User. The User acknowledges that submitted instructions
are subject to delays & discrepancies and hence indemnifies and holds the
company and its bankers harmless against any claim whatsoever arising out of
any submitted instructions. The User agrees that all the terms herein are
material to this agreement. The User hereby grants the company to the
right to record on audio tape (or any other format) any conversations between
the User and the company. This constitutes the entire agreement
between the parties, any other agreement between the parties must be reduced to
writing. No representation, warranties or undertakings have been made except as
incorporated herein. None of the terms herein is capable of being
cancelled, waived, amended unless reduced to writing; The provisions hereof shall,
be binding upon the parties, executors, trustees, curators, legatees, heirs
& successors in title. No indulgence granted by any party, shall
constitute a waiver or novation of any respective future right, nor shall any
single or partial exercise of any right preclude any other or future exercise
thereof. This agreement is not subject to any suspensive condition. Each
clause of herein is severable and if found defective or unenforceable the
remaining clauses shall be of full force & effect. A certificate
under the hand of any manager of the company or cessionary, in respect of
indebtedness of the User shall be prima facie evidence of such
indebtedness. The User agrees on behalf of itself, its directors &
associates that the company is entitled to communicate to any Credit Bureau
regarding their credit worthiness; The validity & interpretation of this
agreement will be governed by the laws of the state of usage of the program as
determined by the company.
