1 Hello Technologies (Pty) Ltd - Client Agreement
GROUP EMAIL ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
STATE / PROVINCE / REGION:
POSTAL ADDRESS: (IF NOT THE SAME AS PHYSICAL ADDRESS)
DELIVERY ADDRESS: (IF NOT THE SAME AS PHYSICAL ADDRESS)
BANKING DETAILS: (TO USE FOR DEBIT ORDERS)
1. By attaching our signature hereto, I / we agree that I / we have read and understood the 1 Hello Technologies (Pty) Ltd Terms and Conditions of this contract which is available on the website. The link to these Terms and Conditions can be found on our T&C’s page at www.neowave.co.za/terms. By attaching my / our signature(s) hereto, I / we certify that I am / we are fully authorised to do so and that this document will bind this company or individual(s) contractually to Neo Wave (Pty) Ltd. This agreement will enable 1 Hello Technologies (Pty) Ltd to perform a confidential credit check on me for the purpose of compliance with the provisions of Section 81(2) of the National Credit Act, No 34 of 2005 as amended, that relates to the prevention of the extension of reckless credit.
2. Kindly note that Paragraph 5.1 of our Terms and Conditions state that “This Agreement shall commence on the Effective Date and endure for no less than the Minimum Rental Period after which it shall automatically renew for consecutive periods of 12 months each. Either Party shall be entitled to terminate this Agreement with effect from expiry of the Minimum Rental Period or any subsequent 12-month period, by giving no less than 30 days’ prior written notice to this effect to the other Party.”
I/we, the undersigned
do hereby bind myself/ourselves jointly and severally as sureties for and co-principal debtors in solidum1with:
(Registered name and company registration number of business) (hereinafter styled “the debtor”) for the payment on demand to: 1 Hello Technologies (Pty) LtdCompany Registration Number: 2012/195462/07
I/we certify that I am/we are authorised by the debtor to sign this DEED OF SURETY on behalf of the debtor (hereinafter styled “the creditor”) of all sums of money which the debtor now owes to the creditor, or may from time to time hereafter owe, or be indebted to the creditor and the successors and assigns of the creditor from whatsoever arising, whether such indebtedness be incurred bythe debtor solely, or jointly, or in partnership with any other person or persons, company or companies.
It is agreed and declared that all admissions and acknowledgements of indebtedness by the debtor shall be binding on me/us,and, that in the event of liquidation, judicial management, insolvency or compromise, no such liquidation, judicial management, insolvency or compromise and no dividend/s or payment/s which the creditor may receive from the debtors, or any other person, persons, company or companies, or from me/us shall prejudice the rights of the creditor to claim form me/us, to the full extent of this Suretyship any such amount which after the receipt of such dividend/s or payment/s may remain owing to the creditor.
In the event of any liquidation, judicial management or sequestration of the debtor, or Business Rescue Proceedings as contemplated in Section 131 of the Companies Act, No 71 of 2008 I/we bind myself/ourselves not to file any claim against the debtor in competition with the creditor. Further, in the event of any composition or compromise by the debtor, whether in terms of the company law or insolvency law, or under common law, I/we undertake not to file any claim against the debtor in competition with the creditor.
And I/we hereby renounce the benefit of the legal exceptions ordinis seu excussionis et divisionis, exception not causa debiti 3 and “revision of accounts”, with the force and eff ort of which I/we acknowledge myself/ourselves to be fully acquainted and I/we agree and declare that this Suretyship is to be in addition and without prejudice to any other Suretyship/s and security/ies now or hereafter to be held by the creditor and that it shall remain in force as a continuing security notwithstanding any intermediate settlement of the account and notwithstanding our death or legal disability. And I/we hereby agree that notwithstanding and part payment by me/us or my/our behalf, I/we shall have no right to any cession of action in respect of such part payment and shall not be entitled to take any action against the debtor or against any such surety for the debtor in respect thereof unless and until the indebtedness of the debtor to the creditor shall have been discharged in full.
And I/we choose domicilium citandi et executandi4 for all purposes herein, at the above addresses set out against my/our names, and all notices required to be given to me/us in terms hereof shall be considered duly given if posted to me/us at the said addresses.
I/we agree that in the event that the creditor takes legal action against me/us arising out of this Suretyship agreement, I /we will make payment to the creditor of all legal costs incurred by the creditor on the attorney and own client scale including collection commission.
I/we agree that a certificate signed by a director of the creditor at any time shall be prima facie5 proof of the amount of my/our indebtedness to the creditor for the purposes of summary judgement or provisional sentence, or for any other purpose.
THUS DONE AND SIGNED on this day of
COMPLETION OF THIS FORM IS REQUIRED IN ORDER FOR NEO WAVE (PTY) LTD TO REPORT A DEFAULT BY A CONSUMER TO CREDIT BUREAUS
1. We hereby certify that consumers and/or legal trading entities that may be forwarded for default listing by 1 Hello Technologies (Pty) Ltd on the Credit Bureaus databases will have defaulted on their agreements with us and that the debts arose from a credit transaction.
2. We confirm that each of the consumers and/or entities would have been informed, in writing, that the conduct of their accounts would be reported to the Credit Bureau(s), and that this information would be available to other credit grantors where the consumer(s) may apply for credit facilities. Such notice to the above consumer(s) was by way of a specific letter(s) or was incorporated in the original credit agreement entered into by the consumer(s).
3. The details provided from time to time are to be recorded on the relevant consumer(s) and/or entities credit records including our name as creditor.
4. We confirm that none of the details for listing will be subject to any dispute by the consumer(s) and/or entities concerned.
5. We hereby indemnify 1 Hello Technologies (Pty) Ltd against any loss sustained or legal costs incurred arising from any claim by any of the listed consumer(s) and/or entities instituted as a result of the recording of the details on the Credit Bureaus databases.
6. Should we require 1 Hello Technologies (Pty) Ltd to report Director/Member/Owner of a Business we will forward the relevant document wherein the signatory binds themselves in their personal capacity before listing can take place.
7. We agree that 1 Hello Technologies (Pty) Ltd may, at its sole discretion, elect not to record the details or to subsequently remove any details recorded at its entire discretion.
By affixing my/our signature(s) hereto, I/we hereby authorise 1 Hello Technologies (Pty) Ltd to execute a monthly direct debit against my/our bank account in respect of all charges relative to services rendered as may accrue. The details of the bank account which is to be debited are:
Written Authority and Mandate for Debit Payment Instructions1. The signed Authority and Mandate refers to our contract as per the date of our registration and signed registration documents. (‘The Agreement’) I/we hereby authorise you to issue and deliver payment instructions to your Banker for collection against my/our Bank (or any otherbank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the agreement and commencing on registration and continuing until this Authority and Mandate is terminated by me/us by giving you notice in writing of not less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address, alternatively sent to your email address.
The individual payment instructions so authorised to be issued, must be issued and delivered monthly. In the event that the payment falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day. Furthermore, if there are insufficient funds in my account to meet the obligation, you are entitled to track my account and represent the instruction for payment as soon as sufficient funds available in my account. I/We understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks. I/we also understand that details of each withdrawal will be printed on my bank statement. Such must contain a reference number, which must be included in the said payment instruction and if provided to me should enable me to identify the Agreement. In order to further identify the debit collection, the short name ‘1-hello’ will be displayed on my statement. If the payment tendered by the Subscriber is not honored by the financial institution concerned, the Subscriber shall be liable for an administration fee of R162.00 (one hundred and sixty two rand) in addition to the fees then due to 1 Hello Technologies (Pty) Ltd; and if the client does not pay the amount due in terms of the invoice, interest at the current mora rate will be levied on overdue amounts and this interest will be calculated daily and compounded monthly.
I/we acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned Bank as if the instructions have been issued by me/us personally.
I/we agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement.I/We shall not be entitled to a refund of any amount which 1 Hello Technologies (Pty) Ltd have withdrawn while this Authority was in force, if such amount were legally owing to 1 Hello Technologies (Pty) Ltd
4. AssignmentI/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
5. Invoice for the monthly premium and services rendered will be collected by debit order, no earlier than the 21st of the month and no later than the last working day of that month. This will also apply to collections during December.
By checking this box the client confirms that they have read the terms and conditions of this agreement and have accepted 1 Hello Technologies (Pty) Ltd's terms and conditions.
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Document Name: 1 Hello Technologies (Pty) Ltd - Client Agreement
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