Terms of Use | 3Q

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. “3Q” is the online quotation system as defined in this document;
2. “Agreement” shall refer to a combination of the debit order authorisation and these Terms & Conditions.
3. “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.
4. “Effective date” means the commencement of services rendered by the Company;
5. “Lead” means a request by a User to the Client to provide a quotation or information.
6. “Area” means the geographical regions on the 3Q system;
7. “Slot” means a combination of “Area” 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 Area.
8. “The Client” means the prospective 3Q approved Business Provider;
9. “The Company” means Net Age CC;
10. “The System” means 3Q as defined above;
11. “The User” means the recipient of the quote and/or services from the Client;
12. “User Rating” means the process by which Users rate the service provided by the Client through a process made available by the Company.
13. “Working day” means any day, excluding weekends and public holidays within the Republic of South Africa.

2. The System

1. 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

1. The Agreement shall come into effect upon the activation of the Client’s Slot by the Company.
2. The Company shall send notice of such activation to the Client for verification.
3. Upon receipt of Client verification, the Company reserves the right to track the I.P. address of the Client, in order to confirm the validity of such verification.
   1. In the event of dispute, the Company reserves the right to obtain information from the Internet Service Provider of the Client as evidence that the aforementioned I.P. Address may be associated with the Client.
4. At the end of the initial one (1) month period, the Agreement shall renew automatically on a monthly basis, until such time as the Company confirms receipt of the Clients cancellation request.
5. The Agreement may be terminated by either party without notice, for any reason whatsoever, at any time other than during the first week of any month, by written notification to the other party.
6. In the event of cancellation of the services of the System, all Leads and data related to the Clients account shall be permanently and irretrievably removed from the System.

4. Fees

1. The Client agrees to pay the deposit amount as stipulated on the 3Q Agreement by debit order.
2. The Client will be invoiced monthly in arrears according to the number of Leads delivered, up to the maximum number of charged Leads. Should the maximum number of charged Leads (or more) be received, the Client will be debited for the maximum amount only, as stipulated in the 3Q Agreement.
3. The Company reserves the right to track the bank account of the Client in order to recover any outstanding amount when such amount becomes available.
4. In the event that the Client’s debit order is stopped, or returned unpaid, the Company shall be entitled to charge a processing fee of R150.00 (VAT) per slot for the first failed payment, in addition to amounts outstanding, a reconnection fee as described in paragraph 4.5 below if applicable, and any legal cost incurred in recovering outstanding payments on the attorney and client scale. Subsequent to the first failed payment, the Client shall be notified by email that they are considered a risk client, and subsequent failed payments shall incur a charge of R350.00 (VAT) per slot in addition to other amounts described herein as applicable.
5. In the case of services being suspended due to non-payment, a reconnection fee of R350 will be payable before services are restored.
6. In the event that a debit order amount is recalled for any reason whatsoever, the following conditions shall apply:
   1. The Client shall have a period of three (3) working days to settle the outstanding amount and supply proof of payment to the Company.
   2. Should the Client fail to settle the outstanding amount within the aforementioned three (3) working days, the Client account and all 3Q services shall be suspended.
   3. In the event of the suspension of services to the Client, the Client shall have a period of five (5) days to settle the outstanding amount.
   4. In the event that, after this second grace period of five (5) days, the Client has failed to settle the outstanding amount, such failure shall be considered breach of contract, and grounds for cancellation.
   5. Cancellation through breach of contract as set out in terms of paragraph 4.6.4 above shall result in the removal of all Client slots from the system, and forfeiture of all deposits as cancellation fees and payment for the month of cancellation.
   6. In the event of cancellation due to non-payment as specified above, the Client shall remain liable for the previous month’s invoice, and the Company reserves the right to track the Client bank account until such time as the outstanding amount may be recovered from the account.
   7. Should the Client wish to rejoin 3Q subsequent to cancellation for non-payment, all registration procedures including payment of a deposit shall apply.
7. In the event of cancellation of subscription by the Client, should no other amount due owing and payable to the company be outstanding, the initial deposit shall serve as full payment for the costs incurred in the month of cancellation, as well as the cancellation fee and removal of the Client from the 3Q System.
8. In the event that a Client, for whatever reason, makes a double payment and subsequently requests the reversal of one instance of the duplicated payment, the Client shall be subject to a banking and administration fee of R120 in order to effect the reversal of said duplicate payment.
9. In the event that the Clients account is debited incorrectly for any reason, the Company reserves the right to delay the refund of incorrect debits to the Client for a period of forty (40) days in order to ensure that the debit order is not reversed by the Client during that time period resulting in a duplicate refund.
10. In the event that any billing by the Company is in error, and outside of the agreed upon conditions for billing as contained in the Agreement and these Terms & Condition, then it shall be the responsibility of the Client to notify the bank and reverse payments.

5. Obligations of the Client

1. The Client undertakes to log-in to the System daily and to retrieve Leads from its mailbox.
2. In the event that the Client fails to retrieve Leads from the System for a period of five (5) days, such failure shall be construed as cancellation.
3. Upon the addition of a Lead to the 3Q System, the Client undertakes to make contact with the User within one (1) working day of receipt of such Lead.
4. The Client shall present its business in a professional manner.
5. 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.
6. 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 their service to the User.
7. 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.
8. 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.
9. 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.
10. The Client undertakes to familiarise itself with all relevant legislation, and to refrain from contravening any law of the Republic of South Africa.
11. The Client undertakes to ensure that there is no unauthorised access to the System and to protect its passwords and other confidential information.
12. 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.
13. 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.
14. 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.
15. 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.
16. It shall be the responsibility of the Client to notify the Company in the event that the Client receives Leads from the System which are not intended for the Client slot as determined by the Company. In the event that the Client fails to notify the Company of such inappropriate Leads, said Leads will nonetheless form part of the total leads received for the applicable month, and shall be billed.
17. In the event that a slot contains only one (1) Business Provider, and random checks carried out by the Company from time to time determine that leads have been fraudulently marked as invalid, all invalid leads will subsequently be treated as valid, and shall be for the Client’s account.
18. In the event that any given slot contains two or more Business Providers, leads shall only be accepted as invalid in the event that all Business Providers mark the lead as invalid for the same reason.
19. It shall be the obligation of the Client to provide quotes to any User insofar as the quote request shall reflect a product or service which the Client offers or is able to offer. Inability to provide such quotes as necessary shall result in the suspension of the Client services at the discretion of the Company.
20. In the event that the Client wishes to cancel the services it receives from the Company, the Client undertakes to provide written notice of their intent to the Company by fax or electronic mail, as set out in the Agreement. Such notice will be deemed received upon issue of a cancellation confirmation by the Company, to the Client. In such event, the initial deposit shall serve as payment for the month of cancellation, and the cancellation fee as laid out in section 4.6 of these Terms and Conditions.
21. 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

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.
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.
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.
4. The Company shall charge the Client a pro-rata rate of R79.00+VAT per lead, up to the maximum number of charged Leads, which shall be 20 Leads per Slot.
5. In the event that more than the maximum number of charged Leads are supplied, the Company undertakes to provide such additional Leads free of charge.
6. The Company shall make User feedback available for viewing by the Client as such feedback becomes available.
7. The Company may, at its own discretion, amend the Category, Area or Slots that the Client may be allocated to from time to time.

7. Jurisdiction

1. 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

1. 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

1. 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

1. 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

1. 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

1. 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

1. 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

1. The Company may amend these terms and conditions by giving the client one week’s written notice of its intention to do so.
2. 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:
   1. The Company: 14 Cotswold Hill, Woodburn Rd, Morningside, South Africa.
   2. The Client: As recorded in the 3Q System.
3. 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.
4. 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.
5. Any notice not served as set out above shall be presumed to have been duly delivered;
   1. on the date of delivery if delivered by hand;
   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
   3. on the fourteenth day from the date of posting, including the date of posting, if posted from outside the Republic of South Africa.