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TERMS, CONDITIONS & SERVICE LEVEL AGREEMENT (SLA)





STANDARD TERMS AND CONDITIONS OF PORTAL USE

The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS PORTAL OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE PORTAL OR THE SERVICES.

SmartBureau reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.

TERMS OF USE

Introduction
Welcome to www.smartbureau.co.za and service owned and operated by Smart Information Bureau (Pty) Ltd. ("Us", the service provider). This page explains the terms by which the user ("yourself", the subscriber) may use our website and service.

Acceptance of Terms
These terms and conditions become effective when you access the website portal and constitute a binding agreement between us and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this website.

The service is comprised of a free service accessible by all users and a paid service only accessible by registered users ("Subscriber"). By accessing or using the SmartBureau service, website, applications, software provided in connection with the paid service ("Service"), you signify that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a Subscriber. If you do not agree with any provision contained in these Terms of Use, please do not use this website portal.

Use of the Website
By accessing the website, you warrant and represent that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using the website, the Service or any information provided to you by us through your use of the website.

Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.

Use of Information
SmartBureau conducts its business in accordance with South African legislation affecting its business. We value the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations as set out in our Privacy Policy.

By accepting these terms and conditions, you expressly acknowledge, agree and consent to us and our suppliers using your confidential personal information (including but not limited to, names, addresses, identifying numbers, contact details and credit card information) in order to provide the Service.

Amendment of Terms and Conditions
We reserve the right, in our sole discretion, to amend these terms and conditions at any time and without notice. Any such amendments will come into effect immediately and automatically. If we do this, we will post the amended terms and conditions on this page and indicate at the bottom of the page the date the terms and conditions were last revised. You agree to review these terms and conditions whenever you visit the website for any such amendments.

If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Content of Users
There are certain areas of the Service that may allow Users to add questions, data, and other information ("User Content"). You are solely responsible for your User Content that you upload, display, or otherwise make available (hereinafter, "add") on the Service, and you agree that we are only a reporting service for the online sharing, distribution and publication of your User Content. SmartBureau will not review or reference any such User Content as provided herein except as provided in the Subscriber Terms or in our Privacy Policy or as may be required by law. Except as provided in the Subscriber Terms, all User Content is owned by the User who adds it to the Service. SmartBureau does not have, nor does it claim, any ownership rights in any User Content.

Sharing of user licenses are strictly not prohibited. Should you be sharing your user details there will be implications such as:

You agree not to add any User Content that (a) contains any information or content that is not legally permitted; (b) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) contains any information or content that you know is not correct and accurate. You agree that any User Content that you add does not and will not violate any third-party rights of any kind.

Copyright and Intellectual Property Rights
For the purposes of these terms and conditions, "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.

Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights and photographs (the "SmartBureau Content"), and all Intellectual Property Rights related thereto, are the exclusive property of SmartBureau.

Except as explicitly provided herein, nothing in these terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights and you agree that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (a) modify, port, translate, localize or create derivative works of the Service or any documentation relating to the provision of the Service; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service by any means whatsoever, or disclose any of the foregoing; (c) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Services without the express written consent of SmartBureau; (d) encumber or suffer to exist any lien or security interest on any of the Service; and (e) knowingly take any action that would cause the Service to be placed in the public domain. Use of the SmartBureau Content or materials on the Service for any purpose not expressly permitted by these terms and conditions is strictly prohibited.

You understand and acknowledge that you may be exposed to User Content that is inaccurate and you agree that SmartBureau will not be liable for any damages you allege to incur as a result of such User Content.

Disclaimer of Warranties and Liabilities
SmartBureau does not make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the Service and the website and Service made available via the website are provided "as is" does not make any warranty or representation that information and the Service advertised on the website are appropriate for use in any jurisdiction.

Use of this site, the content and the Service are at your own risk. SmartBureau does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site, the content or the Service.

SmartBureau does not assume any responsibility for any errors, omissions or inaccuracies in the site, the content or the Service.

Neither SmartBureau nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the Service and/or your reliance on any information offered via the website and Service.

Without limiting the generality of the aforegoing, neither SmartBureau nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website.

You hereby indemnify SmartBureau and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

Without limiting the generality of the aforegoing, SmartBureau shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.

The content is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the website and, in any event, prior to making any financial decisions based on such content.

DEFINITIONS
In this Agreement, the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

  1. "Agreement" means this agreement being the SmartBureau Standard Terms and Conditions of Use
  2. "Client" refers to the entity on whose behalf the user access SmartBureau products and services
  3. "Confidential Information" means all confidential information of SmartBureau irrespective of the media in which it is contained and including but not limited to the Intellectual Property, print-outs, manuals, tables of statistics, software, applications, source codes, computer discs, magnetic tapes, samples and any data collected and stored in SmartBureau's data bases from time to time;
  4. "Consent" means any freely-given, specific and informed expression of will whereby consumer(s) agree to the processing of personal information relating to them;
  5. "Consumer Credit Information" shall bear the meaning set out in Section 70 (1) of the Act;
  6. "Intellectual Property" means all intellectual property of whatever nature owned and/or controlled by either Party, including without limiting the generality of the aforegoing, that Parties right, title and interest in and to all trade marks, technology, software, applications, web pages (including the "look and feel" thereof), standards, trade secrets, logos, systems, methods (including all delivery mechanisms and scoring processes), procedures, processes, the design, layout, "look and feel" and "get up" of the Reports, trade names, domain names, styles, insignias, compilations, designs, patents, and copyright whether registered or not;
  7. "Parties" shall mean SmartBureau, the Client and the User;
  8. "Prescribed Information" shall bear the meaning set out in Regulation 18 (6);
  9. "Prescribed Purpose" shall bear the meaning set out in Regulation 18 (4) [read in conjunction with Regulation 18 (5);
  10. "Regulations" shall mean the National Credit Regulations, published in Government Gazette No. 8477, and Notice 28864; and such further Regulations that may be issued from time to time
  11. "Reports" means any data or information or response provided to the Client which is generated pursuant to the use by the Client of the Services set out in Annexure B hereto, as amended from time to time;
  12. "the Act" means the National Credit Act, 34 of 2005; as amended from time to time
  13. "the User" means the person who is accessing SmartBureau products and services

Indemnity
You agree to defend, indemnify and hold harmless SmartBureau, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's' fees) arising from: (i) your use of and access to the website and/or the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that the User Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of this Terms of Use and your use of the Service and the website.

External Links
External links may be provided for your convenience, but SmartBureau makes no representations whatsoever about any other website or their content. Use or reliance on any external links provided is at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.

Crawlers and Spiders
No person, business or website may use any technology to search and/or gain information from our website without our prior written permission.

Governing Law
This Agreement and all matters or disputes arising from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

POPI
By accepting these Terms & Conditions, you expressly acknowledge, agree and consent to SmartBureau using the confidential information that you provide to us for the purpose of delivering our services to you and to update and verify your information stored on our database, and you undertake that we will use that information only in accordance with the law.

You agree that SmartBureau record, process and continuously maintain and update your information.

Consumer Protection Information
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following:

Full name and legal status: Smart Information Bureau (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
Registration Number: 2012/015061/0;
Physical Address: Unit 35A Medgate Centre, C/O Kingfisher St & Pheasant St, Helderkruin, Roodepoort, 1724 Telephone Number: 087 230 0299;
Website Address: smartbureau.co.za;
Portal Address: portal.smartbureau.co.za
Email Address: support@smartbureau.co.za

 

SERVICE LEVEL AGREEMENT

 

 

SECTION 1: MEMORANDUM OF AGREEMENT

 

Made and entered into by and between Smart Information Bureau (PTY) LTD Registration No. 2012/015061/07 (hereinafter referred to as “SmartBureau”, the service provider) and the Registered Company Name (hereinafter referred to as “CLIENT”, the client) as in SECTION 1 of CLIENT INFORMATION hereof.  

INTRODUCTION:

A) SmartBureau carries on the business, inter alia, as a registered reseller of credit bureau data, in electronic format, consisting of individuals and commercial entities with contact information as well as various computer software routines. For example, routines to determine Psycho graphic and Demographic behavioural characteristics.

B) CLIENT and SmartBureau (“the parties”) wish to enter into a relationship to facilitate CLIENT purchasing a tracing service from SmartBureau, known as Smart Search. The parties wish to record the terms and conditions of their agreement.

1. INTERPRETATION

1.1 The head notes to the paragraphs of this agreement are for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

1.2 In this agreement, unless context clearly indicates a contrary intention, the singular shall include the plural, the masculine the feminine and vice versa where apposite.

1.3 The following expressions shall bear the meanings set out apposite them and related expression shall bear corresponding meanings:

1.3.1 “the Agreement” shall mean this Agreement;

1.3.2 “Commence date” shall mean the signature date;

1.3.3 “Database” shall mean the database of Names, contact and other information of the users accessing the smartbureau portal as held by SmartBureau;

1.3.4 “Day” shall mean any day other than a Saturday, a Sunday or a public holiday as officially recognised in the Republic of South Africa;

1.3.5 “SmartBureau” shall mean Smart Information Bureau (PTY) LTD, a company with limited liability duly incorporated in terms of the laws of South Africa;

1.3.6 “CLIENT” shall mean CLIENT, a partnership, close corporation or company with limited liability duly incorporated in terms of the laws of South Africa;

1.3.7 “Tracing” shall mean a service provided by SmartBureau to update and enhance the recency and accuracy of trace information;

1.3.8 “Names” shall mean all the personal, contact and other details, and any other information relating to the Names as held on the SmartBureau database, the meaning and application of which shall be interchangeable with the definition of “Records”;

1.3.9 “Records” shall mean the Names and other details as extracted by SmartBureau for Client use;

1.3.10 “Signature date” shall mean the data upon which the Agreement is signed by both parties and, if on different dates, the date upon which the last signature is affected thereto.  

2. PRINCIPLES OF AGREEMENT

2.1 The parties agree that the CLIENT shall be entitled to purchase trace data services from SmartBureau via the SmartBureau portal with a view to being able to update and enhance the recency and accuracy of its customer information on the terms and conditions as contained in this Agreement;

2.2 Nothing in this Agreement shall constitute a partnership in any shape or form between the Parties, and this Agreement does not authorise the Parties to incur any liability on behalf of any other party, save as expressly provided for herein.  

3. RIGHTS AND OBLIGATIONS OF CLIENT

3.1 CLIENT shall be entitled to use the data tracing services provided by SmartBureau to enhance the accuracy of its trace information.

3.2 CLIENT undertakes to utilise a web browser with an internet connection via SmartBureau www.smartbureau.co.za to query the credit bureau databases for purposes of this Agreement;

3.3 CLIENT undertakes to not disclose any facet or feature of the Smartbureau portal or any data output format from the portal to any third party.

4. RIGHTS AND OBLIGATIONS OF SMARTBUREAU

4.1 SmartBureau shall, for the duration of this agreement, provide the following:

4.1.1 SmartBureau shall, to the best of their abilities, provide the CLIENT with the best possible tracing information for the customers and/or debtors being sought at the current time.

4.1.2 SmartBureau shall allow access to the portal to an unlimited number of the CLIENT’S full time employees as per licenses paid for, or on a pay per click basis.  

5. COSTS AND PAYMENTS

5.1 In consideration for the use by CLIENT of the SmartBureau tracing services, CLIENT shall pay to SmartBureau the amounts as envisaged in PAYMENT OPTIONS - for any enquiries done on the SmartBureau portal.

5.2 Such amount(s) will be paid via EFT, debit order and/or a payment gateway in advance, for such services, which gives CLIENT access to searches to the value of said Amount.

5.3 This is a 12 month agreement. Should you wish to cancel the subscription, a 60 day notice period will be mandatory as well as the payment during the notice period. Once the 12 months has passed this agreement will be a month to month contract, with a 30 day notice period and payment that will still be required during the notice period. Premium user licenses are due for payment every month. Should you fail to make a payment, you will still be liable for the missed payment as well as the upcoming payment. Monthly subscription fees and a number of payment options are available. Multiple users can be registered on one main account (Company) with an administrative user controlling the purchases and reviewing transactions.

5.4 This amount in

5.3 will be paid in advance per user accessing the Smartbureau portal.

5.5 Should CLIENT fail to make payment as per this agreement, the services will be summarily suspended and all access to the SmartBureau system and data revoked.

5.6 Any dispute which may arise between the parties regarding the amount which may at any time be due by CLIENT to SmartBureau, or for the payment of any amount whatsoever, such dispute must be referred for arbitration as envisaged in clause 10.   

6. DATABASE: RIGHTS TO INFORMATION

6.1 It is recognised that the Names on the SmartBureau customer base will at all times remain the property of the Credit Bureaux accessed via SmartBureau. Access to this information by CLIENT will be limited to CLIENT’S reasonable requirements in fulfilling its obligations in terms of this agreement.

6.2 In order for CLIENT to fulfil its legal and contractual obligations towards and in respect of its customers, it is agreed that any customer’s name and contact information provided by SmartBureau shall form part of the Client tracing database.

7. BREACH, TERMINATION AND DISSOLUTION

7.1 This Agreement will begin on the commencement date and will thereafter continue indefinitely until cancelled, or otherwise terminated in terms of clause 7.4, by either party as herein provided.

7.2 A party will be in default if that party:

7.2.1 fails to pay any amount by due date, or breaches any other provision of this agreement and fails to remedy such breach within five (5) days of written notice to do so;

7.2.2 fails to supply any information or any data within or in accordance with any format as has been requested or specified;

7.2.3 fails to supply any information or any data in accordance with any quality, characteristics, attributes or requirements as requested or specified;

7.2.4 takes steps to place itself or is placed in liquidation, whether voluntary or compulsory, or in judicial management, in either case whether provisionally or finally;

7.2.5 takes steps to deregister itself or is deregistered;

7.2.6 Commits an act, which would be an act of insolvency as defined in the Insolvency Act if committed by a natural person.

7.3 If a party is in default, the aggrieved party may, in writing, give notice requesting the rectification of the default within five (5) days, calculated from the date of the notice, and should the default not be rectified within that five day period, then in such event the aggrieved party may cancel this Agreement without prejudice, to the accrued claims of either party, or to any claim that it may have for damages arising from such breach or the cancellation of this Agreement or otherwise.

7.4 Notwithstanding any other provision of this Agreement, this Agreement may at any time be terminated:

7.4.1 by the mutual consent of both parties, provided such agreement is recorded in writing and signed by the parties;

7.4.2 by either party, and will terminate on the expiration of one (1) calendar months’ written notice of such termination to the other party.  

8. REPRESENTATION AND AUTHORITY

Neither party, nor any of such party’s directors, employees, agents or other representatives, has any authority to act on behalf of or to incur liabilities on behalf of the other party, nor may a party in any way contract for, or purport to bind the other party, other than on the basis and for the express purpose set out in this Agreement. 

9. LAW AND ARBITRATION

9.1 This Agreement shall be governed by and construed in accordance with South African Laws.

9.2 Should any dispute arise between the parties in connection with:

9.2.1 the formation or existence of;

9.2.2 the implementation of;

9.2.3 the interpretation or application of the provisions of;

9.2.4 the parties’ respective rights and obligations in terms of or arising out of this Agreement or it’s breach or termination;

9.2.5 the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of;

9.2.6 any documents furnished by the parties pursuant to the provisions of;

9.2.7 this Agreement or that part which relates in any way to any matter affecting the interests of the parties in terms of this Agreement,

9.3 that dispute shall, unless resolved amongst the parties to the dispute, be referred to and be determined by arbitration in terms of this Clause.

9.4 Any party to this Agreement may demand that a dispute be determined in terms of this Clause by written notice given to the other parties.

9.5 This clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

9.6 The arbitration shall be held:-

9.6.1 at Johannesburg:

9.6.2 with only the legal and other representatives of the parties to the dispute and the parties to the dispute present thereat;

9.6.3 mutatis mutandis in accordance with the provisions of the Supreme Court Act, No. 59 of 1959 (as amended), the Rules (as amended) made in terms of the Act and the Practice Notes of the division of the High Court referred to in sub-clause 13;

9.6.4 otherwise in terms of the Arbitration Act No. 42 of 1965;

9.6.5 being the intention that the arbitration shall be held and completed as soon as possible.

9.6.6 The arbitrator shall be, if the matter in dispute is principally :-

9.6.7 a legal matter, a practising advocate or attorney of Johannesburg of at least fifteen (15) years’ standing;

9.6.8 an accounting matter, a practising chartered accountant of Johannesburg of at least fifteen (15) years standing;

9.6.9 any other matter, any independent person agreed upon between the parties to the dispute.

9.7 Should the parties to the dispute fail to agree whether the dispute is principally a legal, accounting or other matter within seven (7) days after arbitration was demanded, the matter shall be deemed to be a legal matter.

9.8 Should the parties fail to agree on an arbitrator within fourteen (14) days after notice was given in terms of subclause 3, the arbitrator shall be appointed at the request of any party to the dispute by the president for the time being of the Law Society of the Northern Provinces according to the provisions of sub-clause 6.

9.9 The decision of the arbitrator may be made an order of any court to whose jurisdiction the parties are subject at the instance of any party to the dispute, but will be subject to an appeal complying with the rules of court, to a tribunal constituted by three former High Court Judges appointed by the arbitrator having jurisdiction at the instance of any party to the dispute. The arbitrator will set the procedures of the Appeal and the Tribunal and will to this extent not be functus officio.

9.10 Pending the outcome of the appeal, the parties shall implement the arbitrators’ award, and any appeal decision shall then be implemented subsequently and restitution affected if necessary. The arbitrator and the Appeal tribunal may order any party to provide acceptable security for any award to the other party, against payment.

9.11 The arbitrator and the Tribunal shall apply the law and establish the facts as if sitting as a High Court Judge and shall give a written, reasoned judgement forthwith after the decision(s).

9.12 The arbitrator may make such award, including an award for specific performance, an interdict, damages or a penalty or otherwise as he, in his sole discretion, may deem fit and appropriate and may deal as he deems fit with the question of costs, including if applicable, costs on the attorney and client scale and his own fees.

9.13 The parties hereby consent to the jurisdiction of the High Court of South Africa (South Gauteng High Court) in respect of proceedings referred to in sub-clause 8.

9.14 The parties shall keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration confidential, and not disclose it to anyone except for purposes of an order made in terms of sub-clause 9.

9.15 The provisions of this Clause:

9.15.1 constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw there from or claim at any such proceedings that it is not bound by such provisions;

9.15.2 are severable from the rest of this agreement and shall remain in effect despite the termination of, or invalidity for any reason of the Agreement. 

10. NOTICES AND DOMICILIA

10.1 Any written notice in connection with this agreement must be addressed:

10.1.1 in the case of CLIENT to the Physical Address as in SECTION 1 of CLIENT INFORMATION hereof;

10.1.2 in the case of SmartBureau to: P.O. Box 2362, Ruimsig, 1732

10.2 The notice will be deemed to have been duly given:

10.2.1 Ten (10) days after posting, if sent by pre-paid registered post to the party’s address in 11.1;

10.2.2 on the first business day after dispatch, if sent to the party’s then facsimile number;

10.2.3 on delivery, if delivered to the party’s physical address in terms of the next sub-clause dealing with service of legal documents.

10.3 A party may change its own address or fax number for this purpose, by written notice to the other party.

10.4 The parties choose the following physical addresses at which documents in any arbitration or legal proceedings in connection with this agreement may be served (i.e. their domicilia citandi et executandi):

10.4.1 CLIENT at the Physical Address as in SECTION 1 of CLIENT INFORMATION hereof;

10.4.2 SmartBureau at: Suite 15 Ridgegate Centre | 106 Wilde Amandel Street | Roodekrans | Roodepoort | Gauteng | 1734

10.5 A party may change its own domicilium address to another physical address in the Republic of South Africa, by written notice to the other party.

11. WARRANTIES

SmartBureau confirms that it is not aware of any reason that would prohibit CLIENT from utilising the SmartBureau portal for the purposes as stated in this Agreement.

12. VARIATION

No variation of this Agreement shall be of any force and effect unless reduced to writing and signed by the parties or their duly authorised representatives.

13. COMPLETE AGREEMENT

It is understood and agreed that this Agreement constitutes the whole contract between the parties hereto. No Agreement entered into after the date hereof, at variance with the contents of this Agreement, shall be binding upon the parties unless the same is reduced to writing and signed by them.

14. NO INDULGENCES

If any party to this Agreement allows the other party any leniency, extension of time or indulgence, the party so doing shall not be precluded from exercising its rights in terms of this Agreement on the occasion of any subsequent failure by the party to whom the indulgence, leniency or extension of time has been granted, nor shall the party so doing be deemed to have waived any of its rights to rely on the subsequent breach of this Agreement by the other party.

15. GOOD FAITH

The parties undertake to co-operate with each other in all respects in order to give effect to this Agreement according to its intent and purpose.

17. CONFIDENTIALITY

16.1 All parties undertake to ensure that it, and all their respective employees, agents or other representatives, keep confidential the customer information forming the basis of this Agreement. This information may not be used for any reason other than for the purposes of this Agreement, nor may the parties during the existence of this Agreement, disclose any such information to anyone whatsoever. If at any time required by either party, all parties undertake to sign a separate confidentiality agreement, which will be substantially in the form normally used by SmartBureau.

16.2 All parties further confirm their commitment to protect all further information, other than customer information as envisaged in Section 1, and which information forms part of this Agreement, as confidential.

16.3 Further information, as envisaged in section1, shall include any information, proprietary or otherwise, as received by one party from the other, and both parties undertake to ensure that such information is protected from any unauthorised use and disclosure.

 

SECTION 2: GENERAL

 

CLlENT consents to the receipt of tax invoices, debit and credit notes in electronic form for the purposes of claiming input tax, and that such tax invoices will be retained in readable and encrypted form for a period of five years from the date of the supply. The email address to which the above electronic documentation will be sent to is the Accounts Person as in SECTION 1 of CLIENT INFORMATION hereof.

 

SECTION 3: PAYMENT OPTIONS

 




Smart Information Bureau (Pty) Ltd is a registered credit bureau. NCRCB27

By accessing and using the products and services offered by Smart Information Bureau (Pty) Ltd, you agree to be bound by the terms and conditions of this site (accessible during registration).