Terms and Conditions

MALANE BIZ TERMS AND CONDITIONS

By accessing and using our website located at ww.MalaneBiz.co.za (“the Website”), you agree to be bound by the Terms and Conditions below. You may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of Malane Biz.

USE OF OUR APPLICATION FORMS, DOCUMENTS AND SERVICES

Any errors in any application submitted to us will be accepted and considered true and correct by the applicant. It is therefore the applicants responsibility to insure the information and spelling are correct on all application made.

By filling documents, forms and making payment is confirmation that we can proceed with your service application. Depending on the type of service the Client requires, we may in certain cases also require copies (maybe certified) or any other documents.

You understand that by using our website we act as your representative and/or agent in your name and place to finalize and process applied service and other documents on your behalf with 3rd parties.

We may do enquiries we deem fit in order to render such a service you applied for, based on business and personal information supplied to us. Based on this information you provide to us we will send you periodic sms, whatsapps or emails during your application period.

You understand that Malane Biz cannot and does not guarantee or warrant that files downloaded through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

ELECTRONIC COMMUNICATIONS

By using this website or communicating with the Malane Biz by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

You assume total responsibility and risk for your use of the site and the internet. Malane Biz provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non- infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Malane Biz shall not be liable for any cost or damage arising either directly/indirectly from any such information and transaction.

USE AND RESTRICTIONS

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. 

You are not authorized to:
(i) resell, sublicense, transfer, assign, or distribute the site, its services or content;
(ii) modify or make derivative works based on the site, its services or content; or
(iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

MODIFICATION

We reserve the right to modify these terms of use at any time, and without prior notice. Your continued use of our service following our posting of a modification notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.

MONITORING

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.

SEPARATE AGREEMENTS

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

LINKS TO THIS SITE

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

OWNERSHIP

The material provided on this site is protected by law, including, but not limited to, South Africa copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

LINKS TO THIRD PARTY WEBSITES

We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use and privacy policy.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

PAYMENTS AND FEES

The Client acknowledges that Malane Biz is under no obligation to provide services under the terms of this agreement until all stated charges have been paid-in-full, and the Malane Biz has been able to adequately verify the validity of said payment. 

We create Invoices and Quotations according to the information we get from the client. Invoices and Quotation prices are not final i.e., price may change. This may be coursed by misinformation received from client, interest or penalties charged by a third party. An example is when Malane Biz has charges a client to submit returns to SARS for one year but SARS has charged client penalties due to late submissions or client needed to submission returns for two years.

Recurring payments will become due and payable on the first day of the month following the completion of the first invoice term and will continue as such for all subsequent invoices. 

Any account that becomes past-due may/will be subject to a 2% late payment fee and may be suspended or disabled for non-payment at any time at the sole discretion of the Malane Biz. 

Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectable by Malane Biz will be turned over to an outside collection agency and you agree to pay addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Malane Biz offers are considered to be provided on a strictly prepaid basis.

REFUND AND RETURN POLICY

All services rendered by the Malane Biz are provided on a non-refundable basis. This includes, but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, etc. All payments made to the Malane Biz become completely non-refundable.

The client agrees not to charge back any credit card payments for services rendered. In the event that the client files a charge back or other payment dispute, they will be considered to be in violation of this agreement

Malane Biz reserves the right to cancel an application, if the client has not provided all the required documentation within a reasonable time or the Malane Biz is unable to proceed due to the client not being compliant for whatever reason with the institution or any other department with whom the service needs to be rendered.

Any application for which the relevant and required documents have not been received from the Client within 3 months (90 days) from application date will automatically be cancelled and we shall have no liability in this regard.

SERVICE DURATION

Subject to the terms of this Agreement, the service will commence on deposit (dependent on service) or full payment and or all required documents have been received.

We have no control on 3rd party services and cannot provide the exact time it will take for a service or product to be processed, instead we will provide you with an estimate according to the last service that was processed.

INDEMNIFICATION

The Provider does not warrant that the service will be uninterrupted or error-free. 

In no event will Malane Biz be liable for:

(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service, even if South African Registrations or its authorized representatives have been advised of the possibility of such damages, or

(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.

Indemnification you agree to indemnify, defend and hold harmless owners, accountants, officers, members, directors, employees, agents, licensors, suppliers and any third-party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

Under no circumstances shall the Malane Biz be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by Malane Biz for services during the period damages occurred. The Client also acknowledges that in no case will the Provider be liable for damages as a result of its own negligence in excess of the charges payable by the Client for services during the period damages occurred.

VIOLATION OF TERMS:

Should the Client violate any of these terms, Malane Biz will attempt to contact the Client by email or telephone before taking any action where avoidable. However, Malane Biz will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension or termination of Client’s services without any type of notification.

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