The Standard Terms and Conditions (the “Agreement) between the “Lessee” and WORK WITH ME™ cc Call Center (hereinafter referred to as “WORK WITH ME ™”) being the parties involved.
This Agreement read together with any Annexure thereto, constitutes the whole Agreement between the Parties in regard to the subject matter thereof and supersedes all prior and contemporaneous negotiations, discussions, promises, representations, agreements and undertakings of the Parties with respect thereto. The Lessee’s order will be binding on WORK WITH ME™ only when WORK WITH ME™ has received a signed registration form from the Lessee. The execution of such order shall be subject to the availability of resources (such as available telephone line) and to the creditworthiness of the Lessee. After acceptance by WORK WITH ME™ this order may be cancelled giving a 30 day cancelation period.
The Lessee hereby indemnifies WORK WITH ME™ and hold WORK WITH ME™ harmless against any claims or actions resulting from any loss, damage or liability resulting from, or arising out of: Agents Making any Mistakes, Power Failures, Internet Connection Failures, Mobile Services & Network Failures, Telecommunications Failures or Call Center Equipment Failures. Please note that the WORK WITH ME™ will not be held responsible for any fraudulent misrepresentations made on behalf of the client. Should it be found that the information supplied is fraudulent or of a false nature, the client will be held liable for such in his/her personal capacity.
WORK WITH ME™ reserves the right to make whatever enquiries it deems necessary in assessing the creditworthiness of the Lessee. If credit is approved WORK WITH ME™ is entitled to register details about the conduct of the Lessee’s account at any credit bureau. WORK WITH ME™ is only prepared to execute an order subject to the Lessee being creditworthy and for as long as he stays creditworthy.
WORK WITH ME™ shall be the owner of the allocated telephone number, or any online service created, such as Calendar.
Rates quoted are inclusive of Value Added Tax (VAT). Price Lists distributed from time to time by WORK WITH ME™ are for information only and do not constitute offers to act. A tender/quotation shall only be a valid contract after receipt of the Lessee’s written acceptance of such tender/quote and provided that the Lessee is found to be creditworthy.
6. TERMS OF PAYMENT
WORK WITH ME™ normal term of payment is via debit order or EFT payable monthly. Any service agreement entered into during a given month will be charged for on a pro-rata rate calculated on the number of days left in the month and payable immediately before the account is activated. Usage exceeding quotas as per chosen package will be calculated from the 21st of the previous month to the 20th of the current month and added to the invoice for payment in the new month. Should WORK WITH ME™ sue the Lessee for payment of an amount owing on any service agreement, or for debt, or should judgment be entered against the Lessee or, should the Lessee be in default of payments to WORK WITH ME™ in terms of any contract, or should WORK WITH ME™ at any time be dissatisfied with the financial position of the Lessee, WORK WITH ME™ may refuse further services under this or any other contract and may at its option enforce immediate payment for the whole or part of any amount outstanding, notwithstanding any agreement for credit. Payments not received by the 7th day of each month will result in service and number suspension. An administration fee of R250 will be enforced when a number is suspended and is payable with any outstanding balances before the suspension is lifted. Reactivation of a number can take up to 24 hours.
7. INTEREST ON OVERDUE ACCOUNTS
Should the Lessee fail to settle this account in full on the date as agreed, WORK WITH ME™ will be entitled to charge compound interest at the maximum rate as provided for by the National Credit Act, as amended, on the amount owing. Said interest will be calculated monthly from the date on which payment is claimable and payable to date of full settlement of the account.
Work With Me™ undertakes to treat, protect, and safeguard as proprietary and confidential all confidential information disclosed to it under this agreement, not to use, either directly or indirectly, except with the client’s specific prior written authorisation, any of the confidential information other than for the purpose for which it has been disclosed in connection with the performance of the services, and not to disclose the confidential information to any third parties.
9. LEGAL COSTS
In the event of WORK WITH ME™ taking legal steps against the Lessee to recover monies owing to it, the Lessee shall pay all tracing, collection and legal costs (as between attorney and client) incurred by WORK WITH ME™ in its efforts to recover such monies.
The Parties consent to the jurisdiction of the Magistrate’s Court notwithstanding the fact that the amount owing may exceed the jurisdiction of the Magistrate’s Court as set out in the Magistrate’s Court Act, 1944 (Act 32 of 1944), as amended. WORK WITH ME™ may however, notwithstanding the above at its discretion institute action in the High Court.
11. FUTURE TRANSACTIONS
Unless agreed to in writing by both Parties, all services henceforth made by WORK WITH ME™ to the Lessee as well as all amendments to exciting orders as requested by the Lessee shall be subject to the terms and conditions contained herein, regardless of the fact that such order was placed in writing, in person or by telephone.
12. PERSONAL LIABILITY
In the case of the Lessee being a legal person, the person who accepts this application form, binds him-/herself as co-principal debtor to WORK WITH ME™ for the due fulfillment of all liabilities of the legal person’s obligations and liabilities towards WORK WITH ME™.