2.1. The member understands that the use of the Facility is at the member’s own risk and MATTHYSEN & MATTHYSEN shall not be liable for any damage, loss or consequential damage which the member may suffer as a result of:

a) Any malfunction or defect in the hardware used by the member (which shall include the personal computer)

b) Any defect in the software used by the member to gain access to the Facility.

c) Any act or omission by the Internet Service Provider or any defect in the Internet network or any other medium by which access is gained to the system.

d) The Facility being offline or unavailable.

e) The incorrect or late execution of any instruction given by the member due to the circumstances set out in 2.1 (a) to 2.1 (d) above.

a) The Facility is being used contrary to the terms of this agreement

b) MATTHYSEN & MATTHYSEN has reasonable grounds to believe that the Facility may be used negligently, illegally or fraudulently.

c) MATTHYSEN & MATTHYSEN believes that the security of its systems used to provide the Facility might be compromised.

6.1. The member must provide MATTHYSEN & MATTHYSEN with the necessary authorisations in terms of which the Main Users are able to use the Facility.

6.2. The member is entitled to re-assign the Main Users by providing MATTHYSEN & MATTHYSEN with amended authorisations from time to time.

6.3. The said authorisations shall be attached to this Agreement.

7.1. This Agreement shall commence on the commencement date and shall terminate upon expiry of 30 (thirty) days’ written notice given by either party to the other party.

7.2. MATTHYSEN & MATTHYSEN shall be entitled, in its discretion, to terminate the Agreement at any time if MATTHYSEN & MATTHYSEN deems it necessary.

7.3. The Member will be liable for all transactions and/or obligations (and related charges) which are incurred up to and including date of termination

8.1. The member chooses as the domicillium citandi et executandi for all notices and processes to be given and served pursuant to this agreement, the address as given in the application form.

8.2. All written notices given in terms of this agreement by MATTHYSEN & MATTHYSEN to the member shall be deemed duly given, provided they were sent to the member’s domicillium citandi et executandi address:

9.1. This document constitutes the sole record of the Agreement between the parties and no additions, variations and/or cancellations of this agreement shall be valid unless it is in writing and signed by or on behalf of the parties.

9.2. The client must not cede or assign or otherwise make over or dispose of any of his rights of obligations in terms of this Agreement, without the prior written consent of MATTHYSEN & MATTHYSEN first having been obtained.

9.3. Any disputes arising from or in connection with these terms and conditions shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa, by an arbitrator or arbitrators appointed by the Foundation except where the member is in breach of the terms and conditions. In this case, MATTHYSEN & MATTHYSEN is entitled to litigate immediately against the member.

9.4. The member consents to the jurisdiction of the South African Magistrate’s Court having jurisdiction in respect of all proceedings arising from this Agreement, and shall be liable for all attorney and client costs (including collection commission) which may be incurred by MATTHYSEN & MATTHYSEN. MATTHYSEN & MATTHYSEN shall have the right, however, at its sole discretion, to institute any action in the appropriate division of the High Court of South Africa having jurisdiction.

9.5. Should the member be in arrears with any payment due by the member in terms of this Agreement, a certificate given by any general manager, senior manager or manager for the time being of MATTHYSEN & MATTHYSEN (whose appointment and authority it is not necessary to prove) setting out such amount owing by the member in terms of this Agreement or any other fact, shall be sufficient proof of that amount or fact and shall be valid as a liquid document or for the purpose of obtaining any order or judgement thereon against the member in any competent court.

9.6. MATTHYSEN & MATTHYSEN cannot be held responsible for the confidentiality of information contained in documents that are sent to the user’s selected fax number, or for documents that do not reach the selected fax number.

Indemnity

The client authorizes the Company to carry out any and all instructions given via the facility for furnishing information on debtors. The client will not hold the company responsible for any loss, damage or liability, which may arise out of such enquiries or instructions. The client further undertakes to indemnify the company in respect of any claim, loss or damages that may be instituted against the company arising from such information supplied in respect of such enquiries made.

It is the responsibility of the client to control and restrict access to the facility. The client understands that the use of this facility is at their own risk and that the company shall not be liable for any damage, loss or consequential damage which the client may suffer as a result of the use of the facility. The client indemnifies the company against any claim or any loss, which the client may suffer as a result of wrongful information supplied.

The services of a cheque / debtors assist center is made available through which the company may check our data base for records of debtors or cheques presented and be assisted in identifying fraudulent documents and advised herein.

Further more credit status checks may be done at an enquiry fee, which will be levied, which would be set at the time of enquiry as this may depend on the nature of the enquiry. Such enquiries must be done in writing on a company letterhead or company order form.