Terms and Conditions

These Terms and Conditions form the Terms and Conditions to the 3Q Online Quotation System Agreement, between Net Age CC and the Client, and are specifically incorporated into the aforementioned Agreement.

1. Definitions and Interpretation

In these Terms and Conditions, the words hereunder will have the meanings assigned to them below:

  • 1.1 "3Q" is the online quotation system as defined in this document;
  • 1.2 "Category" means the category of services, each of which shall be allocated a specific web page on the 3Q System, within the 3Q site, and be there defined.
  • 1.3 "Effective date" means the commencement of services rendered by Net Age;
  • 1.4 "Lead" means a request by a User to the Client to provide a quotation or information.
  • 1.5 "Region" means the geographical regions on the 3Q system;
  • 1.6 "Slot" means a combination of "Region" and "Category" as defined above, within the 3Q system, and into which the Client shall be placed, with other Clients offering similar products or services within the same region.
  • 1.7 "The Client" means the prospective 3Q approved Business Provider;
  • 1.8 "The Company" means Net Age CC;
  • 1.9 "The System" means 3Q as defined above;
  • 1.10 "The User" means the recipient of the quote and/or services from the Client;
  • 1.11 "User Rating" means the process by which Users rate the service provided by the Client through a process made available by the Company.
  • 1.12 "Working day" means any day, excluding weekends and public holidays within the Republic of South Africa.

2. The System

The Company, and the Client, agree that the Client will use the System subject to the following terms and conditions:

3. Commencement, Duration and Termination

  • 3.1 At the end of the initial three (3) month period, the Agreement shall renew automatically on a monthly basis, unless one (1) calendar months written notice to the contrary is provided to the other party.
  • 3.2 Once the initial three (3) month period has elapsed, either party may terminate the Agreement without providing any reason whatsoever, on one (1) calendar months written notice to the other party.

4. Fees

  • 4.1 The Client agrees to pay the deposit amount as stipulated on the 3Q Agreement by debit order, prior to the date on which the subscription shall be activated. Services can only begin after the payment has cleared in the bank account of the Company.
  • 4.2 The Client will be invoiced monthly in arrears according to the number of leads delivered, up to the guaranteed minimum number of leads. A pro rata amount per Lead will be debited in the event of the minimum number of leads not being delivered. Should the required minimum number of leads be received, the Client will be debited for the full amount as stipulated in the 3Q Agreement.
  • 4.3 In the event that a debit order amount is recalled due to incorrect information supplied by applicant, or due to insufficient funds in the applicant's bank account, the services of the System will be immediately suspended.
  • 4.4 In the case of services being suspended due to non-payment, a reconnection fee of R350 will be payable before services are restored. The Client will be notified of the default and will be afforded a period of 48 hours within which to effect the failed payment. If such payment is not received by the Company within 48 hours, the Company reserves the right to immediately appoint a new supplier / service provider to replace the Client, and notwithstanding may recover from the client an amount equivalent to one additional month's subscription in lieu of notice.
  • 4.5 In the event of cancellation of subscription by the Client, the initial deposit shall serve as full payment for the one (1) calendar months notice as required by these Terms and Conditions. Should the guaranteed minimum number of leads not be delivered during the notice period, the Client's account shall be credited with any unused portion of the deposit.

5. Obligations of the Client

  • 5.1 The Client undertakes to log-in to the System daily and to retrieve Leads from its mailbox.
  • 5.2 Upon receipt of a Lead, the Client undertakes to make contact with the User within one (1) working day of receipt of such Lead.
  • 5.3 The Client shall present its business in a professional manner.
  • 5.4 In order for the System to refer our approved suppliers to the Users, the Company has to ensure that a certain standard of service is maintained by the approved suppliers.
  • 5.5 This standard of service is monitored by the Company through feedback forms completed by the User, and in turn this feedback is relayed back to the Client in order to assist the Client in continually improving his service to the User.
  • 5.6 In addition, the Company reserves the right to perform random checks through the System to measure response time and the length of the quotation process.
  • 5.7 In order to maintain a minimum acceptable level of service to the Users, the Client shall maintain a minimum average User rating of seventy (70) percent.
  • 5.8 If the User rating falls below seventy (70) percent, the Company reserves the right, at its sole discretion, to terminate the Agreement and the Client's access to the System on seven (7) days' notice to the Client, with the proviso that the Client be given an opportunity to make representation to the Company, detailing why it should not be so removed.
  • 5.9 The Client undertakes to familiarise itself with all relevant legislation, and to refrain from contravening any law of the Republic of South Africa.
  • 5.10 The Client undertakes to ensure that there is no unauthorised access to the System and to protect its passwords and other confidential information.
  • 5.11 The Client understands that the Company cannot guarantee the preservation of the Client's information, and undertakes to keep back-ups of its mailboxes and Leads.
  • 5.12 The Client undertakes to make use of the User's information solely for purposes of providing such information or services as requested by the User.
  • 5.13 The Client undertakes to maintain as confidential any User information, and agrees not to store, process, or in any other way deal with such information, other than to provide the User with a quotation as requested by the User.
  • 5.14 In the event of the User's information being used by the Client in any manner other than as authorised, the Client understands that its access to the System will be terminated immediately without notice, and that the Agreement will be likewise terminated. In addition, the Client indemnifies the Company in respect of any loss or damage caused as a result of the unauthorised use of the User's information.
  • 5.15 In the event that the Client wishes to cancel the services it receives from the Company, the Client undertakes to send one (1) months written notice of their intent by fax to the Company fax number, as set out in the Agreement. Such notice will be deemed received upon issue of a cancellation reference number by the Company, to the Client. In such event, the initial deposit shall serve as final payment for the notice period, as laid out in section 4.5 of these Terms and Conditions.
  • 5.16 The Company reserves the right to amend these Terms and Conditions from time to time by giving the client not less than seven (7) days written notice, by email to the address specified in the 3Q Agreement. The Client undertakes to inspect the amended Terms and Conditions upon receipt of such notification from the Company, and agrees to be bound by such amended Terms and Conditions.

6. Obligations of the Company

  • 6.1 The Company shall use its best endeavours to ensure that the System is available at all times for the Client to log-in and retrieve leads.
  • 6.2 The Company cannot be responsible for internet service providers or communications infrastructure failing to deliver essential services in order for the System to maintain its accessibility.
  • 6.3 The Company will whenever possible give reasonable notice of downtime for purposes of scheduled maintenance to the Client. The Company cannot be held responsible for unscheduled downtime due to infrastructure failure.
  • 6.4 The Company guarantees that the System will deliver to the Client a minimum of 15 leads per slot per month.
  • 6.5 In the event that the System does not deliver the aforementioned minimum of 15 leads, the Client will be invoiced on a pro rata basis for only the leads that were delivered during that month.
  • 6.6 In the event that more than the guaranteed minimum number of leads are supplied, the Company undertakes to provide such additional leads free of charge.
  • 6.7 The Company undertakes to make User feedback available for viewing by the Client.
    • 6.7.1 The Company shall, at its own discretion, allocate and amend Regions, Categories and Slots, and will determine which Category, Region or Slot the Client is allocated to.
    • 6.7.2 The Company may, at its own discretion, amend the Category, Region or Slots that the Client may be allocated to from time to time.

7. Jurisdiction

The Agreement shall be governed by South African law, and the Parties hereby irrevocably agree to the jurisdiction of the Magistrate's Court in respect with any dispute arising from the Agreement.

8. Entire Agreement

The Agreement and these Terms and Conditions constitute the entire agreement between the Parties with regards to the matters dealt with therein and any representation, terms, conditions or warranties, expressed or implied, but not contained within the agreement, shall not be binding on the Parties.

9. Non Variation and Cancellation

No agreement varying, adding to, deleting from or cancelling this agreement, and no waiver whether specifically, implicitly or by conduct with any right to enforce any term of this agreement shall be effective unless reduced to writing and signed by or on behalf of the Parties. It is recorded that there exists no collateral and/or other agreements, and that this is the sole agreement entered into between the Parties.

10. Indulgences

No indulgence granted by a party shall constitute a waiver of any of that Parties rights under this agreement and accordingly that party shall not be precluded, as a consequence of having granted such an indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.

11. Indemnity

The Client, by signing the Agreement, irrevocably indemnifies the Company and/or its directors and/or its employees against any claim of any nature howsoever arising. For clarification purposes, in any claim made by any third party against the company arising out of this agreement, it is agreed that the company and/or its employees and/or directors will be indemnified by the Client and/or by the Client's authorised representative.

12. Severability

If any term or provision or part thereof (in this clause to be known as "the offending provision") contained in this Agreement should for any reason whatsoever be declared, or become, unenforceable, invalid, or illegal including by, but without prejudicing the generality of the aforegoing, a decision by any court, an act of parliament or any statutory or other by-laws or regulations or any other requirements having the force of law, the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing therein.

13. Copyright Notice

The compilation, collection, arrangement and assembly of all content, including the content itself and the systems and functionality incorporated into this website, is the exclusive property of the Company, and is protected under South African and International Copyright Law and Treaties.

14. Addresses and Notices

The Company may amend these terms and conditions by giving the client one week's written notice of its intention to do so.

  • 14.1 For the purpose of this Agreement, including the giving of notices in terms hereof and the serving of legal process, the Parties choose as their domicilium citandi et executandi (domicilium) the following:
    • 14.1.1 The Company: 14 Cotswold Hill, Morningside, South Africa.
    • 14.1.2 The Client: As set out in the Agreement.
  • 14.2 Either party may at any time change its domicilium by notice in writing, provided that the new domicilium is in the Republic of South Africa and consists of, or includes a, physical address at which postage can be served.
  • 14.3 Any notice given in connection with this Agreement may be delivered by hand or be sent by pre-paid registered post; to the domicilium chosen by the Parties concerned. Any notice or process delivered on any Party in connection with any matter or subject arising out of this Agreement, shall be deemed to have been delivered if handed to a responsible person at the domicilium chosen by any Party, and it shall not be deemed necessary to hand such process or notice to any Party personally.
  • 14.4 Any notice not served as set out above shall be presumed to have been duly delivered;
    • 14.4.1 on the date of delivery if delivered by hand;
    • 14.4.2 on the fourth day from the date of posting, including the date of posting, if posted by pre-paid registered post from within the Republic of South Africa; and
    • 14.4.3 on the fourteenth day from the date of posting, including the date of posting, if posted from outside the Republic of South Africa.