These terms and conditions of business represent the agreement between the parties for non-exclusive engagement of the services offered by SA Permits. No variation of these terms shall be made without the consent of the members of SA Permits. It is important that the Client reads and fully understands this document as it establishes the working relationship between the parties. The Client is encouraged at any time to seek clarification on any matter contained in this document, including but not limited to obtaining assistance in the translation of the document, by contacting SA Permits.
Definitions
1. ‘ SA Permits ' shall mean SA Permits CC a registered close corporation in South Africa with registration number 2009/090062/21 and any parent, subsidiary, holding, associated website, or associated company thereof.
2. ' The Client ' shall mean the individual person or corporate entity that engages SA Permits to provide consultancy services or make application to obtain a permit or visa either on their own behalf or on behalf of an identified third party subject to these terms of business.
3. ' The Agreement ' shall mean the contracted engagement by the Client of the services offered by SA Permits pertaining to the consultancy service, application and subsequent completion of a permit or visa application subject to these terms and conditions.
4. ' Permit or Visa ' shall mean any official form of entry to the Republic of South Africa or any Country and includes but is not limited to work permits, corporate permits, spousal/life partner permits, business permits, quota permits, SAQA, entry clearance, visas, police clearance or extensions that may be required from the relevant country's authorities in order for the Client or Applicant to enter, undertake employment or in any way remain in the Republic of South Africa or any other Country.
5. ' Third Party ' shall mean any individual person or corporate entity made party to the engagement of SA Permits by the Client as detailed above and including but not limited to an Employer, Recruitment Agency or individual job seeker or prospective employee, any third party being similarly subject to these terms of business upon being made party to the engagement of SA Permits by the Client.
6. ' Fees ' shall mean the professional fees of SA Permits as detailed on the quote provided to the Client by SA Permits or otherwise directly amended or detailed only by a director in writing or in person at any time for any service provided therein.
7. ' Application ' shall mean shall mean the preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including but not being limited to work permits, corporate permits, spousal/life partner permits, business permits, quota permits, SAQA, entry clearance, visas, police clearance, extensions, naturalisation and citizenship, which benefit or authorisation may be conferred by the Government of South Africa and any other World Government as may be applicable from time to time. Applications may or may not be a component part of any consultancy service. 8. ' Engagement ' shall mean the request by the Client, on its own behalf or on behalf of any third party, made to SA Permits to engage the services of SA Permits as defined herein and subject to acceptance by the Client of these terms of business. Such acceptance shall be considered as so confirmed by any request, query or any other correspondence to SA Permits from the Client, or any relevant third party detailed by The Client, pertaining to any particular service or Application following receipt, via any written or verbal medium, of these Terms and Conditions.
Engagement
9. Immediately upon the Client's engagement of SA Permits to commence consultancy services or to assess or make any application or report, the Client agrees to the terms of this agreement and further the Client agrees and accepts that SA Permits is under no obligation to commence or undertake any work in respect of that service or application until such requested initial information and/or data has been received and passed as satisfactory by SA Permits. SA Permits will provide the required consultancy services and make best endeavours to obtain a permit or visa for the Client where applicable. In the interests of clarity, acceptance of these Terms of Conditions is required only once from the Client and any subsequent communication by the Client to SA Permits pertaining to any application will be similarly binding upon the Client.
10. The client agrees, upon engagement of SA Permits, to provide any and all documentation and any other data as may be requested by SA Permits from time to time including but not limited to accounting, payroll, incorporation, SARS information, contract, invoicing, lease, mortgage and other trading data if applicable for the purposes of performing its consultancy service and/or making an Application and to make any third party aware of its similar obligations to do so.
11. The Client agrees that any information or documentation provided to SA Permits pursuant to Clause 10 above shall be true and accurate and if any claims made by the Client are inaccurate or cannot be substantiated by relevant documentation deemed acceptable to SA Permits then SA Permits will provide options to the Client on how to proceed pursuant to these terms of business. Further the Client hereby indemnifies SA Permits for any loss or damage SA Permits may suffer directly or indirectly as a result of the Client’s breach of this Clause 10 such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against SA Permits arising from the Client’s breach hereof.
12. The Client and any Third parties identified or not identified by the Client agree, upon engagement of SA Permits application services, which may or may not be part of its consultancy services, that all representations to and contact with the relevant authorities shall be made solely through SA Permits and that at no time shall the Client or any Third Party contact or make representation to any authorities with whom SA Permits is dealing or with whom SA Permits is about to deal. 13(i) The Client accepts that SA Permits charges fees for its services. Such fees are normally based upon its charges and the estimated work taken for a particular case plus expenses, which will have been clearly identified to the Client.13(ii) Consequently, should the Client withdraw or instruct SA Permits to withdraw or fail to make payment within a contracted timescale or in any way breach these terms of business in respect of any such service or application prior to the completion of such service or application, fees will be due from the Client to SA Permits for the amount of work done up until that notification of withdrawal, which will be accepted immediately and subject to paragraph 13(iv).
13(iii) For the absence of any doubt, relevant billable work in this instance shall not include SA Permits providing a response to any client complaint, providing the client with a balance of their financial account with SA Permits, providing the client with copies of any paperwork from the relevant Government body concerning the Client's application or providing the client with a written justification of the actions taken by SA Permits with regard to the client's application.
13(iv) Any time or work undertaken to pursue or retrieve any fees due to SA Permits or to engage in any matter instructed by the client not listed in 13(iii) shall represent billable work based upon SA Permits’ quote and subject to this Clause 13. Such fees shall not exceed the total flat-rated application specific fee, shall be determined solely by SA Permits and for consultancy services shall equal the balance of the Clients account upon receipt of such instructions or until the client's payment of any outstanding fees to SA Permits, whichever is the later.
14. It is accepted by the Client that upon engagement SA Permits shall have already delivered services in whole or in part to the Client, and in particular where detailed phone assessments have been conducted and consequently there shall be no standard ‘cooling off’ period or cancellation of services at this point such condition to have been made clear to the Client in prior communications from SA Permits including but not limited to delivery of these terms of business. At no time shall the Client hold legitimate claim against SA Permits under the conditions in this clause 14.
15. The Client accepts that if the Client fails to communicate in writing with SA Permits with regard to the active progress of any Client’s case(s), such active progress to be defined as the honest and accurate provision by the Client of relevant requested documentation and/or responses to specific queries, for any period in excess of 30 days at any time without good reason, the viability of such reason to be at the sole discretion of SA Permits but at all times fair, a default process will be activated by SA Permits, which will request such active progress from the Client within a defined period without which the Client shall be considered in default and therefore in breach of these terms of business. At such a time any outstanding case fees will be payable to SA Permits within 7 days by the Client. In the interests of clarity, it is the desire and intension of SA Permits at all times to complete the Client’s case successfully.
16. The Client accepts that where SA Permits offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and due processes of SA Permits. The Client is at any time within his/her rights to instruct SA Permits to proceed with a relevant case against the advice of SA Permits, provided that this instruction is not in any way detrimental to the business or good name of SA Permits such to be defined and confirmed solely by SA Permits. Should the Client so instruct SA Permits subject to this paragraph 17, any terms of deferred payment or payment in abeyance shall be removed by SA Permits and settled in full by the Client prior to any further action being taken on the relevant case by SA Permits.
Fees and Payment
17. Whilst SA Permits may offer limited free advice and evaluations in some cases, this is at SA Permits’ absolute discretion, and this service may be withdrawn at any time and for any reason. SA Permits will give the Client due notice of SA Permits’ intention to stop giving free advice on some or all of it's services and clarify any charges that may apply in it's stead. Where SA Permits does give free advice, SA Permits will normally respond quickly to queries. However, this will not always be possible. By taking advantage of any of SA Permits’ free advice services the Client is accepting that this is the case. SA Permits makes no representation and accepts no liability as to the current validity of such advice where such is reliant on third party information such as government information. On no occasion shall SA Permits’ application services be construed as free or obligatory and on no occasion shall SA Permits’ consultancy services be offered or construed as free or obligatory.
18. Payment and method of payment of SA Permits’ fees and any other relevant remuneration under this agreement shall survive the termination of this agreement.
19. The Client agrees to pay to SA Permits, a non refundable deposit fee to the sum of 50% (fifty percent) on instruction of application for work to be undertaken in preparation for submission of such application at the South African Department of Home Affairs (hereinafter ‘The Department of Home Affairs’) or a representative of the Department of Home Affairs in any other country, and/or ongoing or balance fees of such application which are to be paid in full before the submission of such application to the Department of Home Affairs or a representative of the Department of Home Affairs in any other country in respect of successful (endorsed) and unsuccessful (rejected) applications. Such fees as are detailed to the Client either based upon the consultancy and/or quotation or by any other party subject to the relevant clauses herein or upon withdrawal of any application by the Client or Third party subject to the relevant clauses herein and where relevant to pay a withdrawal fee as stated by SA Permits which may amount to the entire fee and is at the sole discretion of SA Permits.
20. The Client agrees to pay any balance sum or statement of account of any fees due by return as indicated on such invoices but in any case within 7 days of receipt from SA Permits of an invoice pertaining to the relevant case(s) and SA Permits shall be within it's rights as consultant for or representative of the Client's and/or Third Party's Application to withhold any data at it's sole discretion pending receipt of such payment.
21. Any cancellation, delay or other default of any such payment shall incur interest at the rate of 5% per month above the base rate as advertised by the First National Bank (of South Africa).
22. As and when any relevant Government authorities or other bodies amend their fees or charges, SA Permits reserves the right to in turn amend such charges to the Client irrespective of any quotes undertaken by SA Permits prior to or upon engagement by the Client. Such charges are in addition to fees and charges stated herein.
23. From time to time, discounts may be offered including but not limited to repeat business and other quoted volume or discountable services or applications. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this agreement. Quoted discounts shall be honoured by SA Permits only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein. Discounts are reliant on the presence and integrity of the relevant data as required by SA Permits. SA Permits reserve the right to refuse discounts on the grounds of inaccurate or insufficient application or evidence data. 24. The Client undertakes not to withhold any payment due to SA Permits arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and SA Permits or any other party regarding an application or any other matter.
Warranty 25. The Client fully understands that SA Permits is not the decision maker in any application process and consequently, although SA Permits does warrant its own performance under these terms, shall not be held responsible, nor can it warrant guarantee, for decisions made by such relevant decision makers. Should any application be unsuccessful, SA Permits shall, where such decisions are considered by SA Permits to be disputable, make representation to the appropriate decision makers for review should the Client wish it.
Liability 26. SA Permits recognises the Client’s statutory rights. SA Permits shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application or arising from any third party action.
27. In any event SA Permits’ liability shall be limited to the amount of our Fees received by SA Permits in respect of any individual application from which such liability may arise.
28. SA Permits shall not be held liable where the Department of Home Affairs or a representative of the Department of Home Affairs in any other country, requires longer than 30 days to finalise all temporary residence permit applications, or longer than 10 days to finalise all temporary residence permit applications, respectively. 29. SA Permits shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of SA Permits being unable to fulfil any of it's obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.
General 30. It is accepted by the Client that, where there is any third party involvement outside the control of SA Permits, such as any Government of regulatory body, the performance in time of SA Permits’ obligations hereunder may in turn be affected by that third party’s timekeeping. In the interests of clarity this means that SA Permits will make best endeavours to perform its obligations in a timely manner but cannot be held responsible for any delays caused or time taken by third parties.
31. Additional services made available by SA Permits and are listed on SA Permits’ website(s). Such services do not form part of this agreement and may be engaged at any time. At no time shall SA Permits be obliged to provide or the Client be obliged to purchase these additional services to which separate terms will apply from time to time. SA Permits shall be indemnified, defended and held harmless from and against any loss or claim resulting from any party engaging these additional services.
32. The Client here warrants that any engagement duly authorised as detailed herein by individuals employed by the Client shall be considered legitimately so and fully empowered by their respective companies. At no time shall this agreement be disputed on the grounds that such individuals are not or should not be seen to be authorised by their respective companies to do so.
33. This agreement shall terminate immediately upon any material breach of its terms without remedy within 14 days by SA Permits or the Client or any third party. The provisions of this Agreement concerning remuneration and limitations of liability shall survive its termination.
34. Any notices to be served hereunder may be served upon SA Permits at P.O. Box 606, Fontainebleau, Johannesburg, 2032 and any notices to be served upon The Client or any third party may be served upon those parties at the last address notified by them to SA Permits as being their places of business or address for service, service being deemed to have been effected 7 days after posting by local South African post, 21 days after posting from outside the Republic of South Africa, or 2 days after transmission by facsimile or email.
35. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of SA Permits.
36. The unenforceability of any part hereof shall not affect the enforceability of the balance hereof. 37. These terms and conditions are governed by the laws of the Republic of South Africa and the forum for the resolution of any disputes arising howsoever here from shall be the Magistrates Courts of Johannesburg, South Africa.
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Terms of Business
