- Our terms contain specific provisions to limit our liability. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR WEB SITE.
- “We” are Pay At Services (Pty) Ltd trading as Pay@ and “us” and “our” have a corresponding meaning herein.
- We are a juristic person established in accordance with the laws of the Republic of South Africa with registration number 2006/027951/07.
- Details of the directors of the company are available at http://www.payat.co.za/comp_info.html.
- Our postal address is PO Box 63, Stellenbosch, 7599.
- Our Physical Address is at Ground Floor. Old College Building, 35 Church Street, Stellenbosch, 7600.
- Our telephone and facsimile numbers are Tel: +27 (0)21 886 5557, Fax: +27 (0)21 886 5559.
- Our email address is firstname.lastname@example.org.
- Our webmaster can be contacted at email@example.com..
- “We”, “us” and “our” means Pay At Services (Pty) Ltd; and
- “You” means the user of this web site.
- “Subscription Services” means our invoicing and collection services made available to users via this site, as further described below.
- Use of this website
1. This web site provides general information about the range of payment services that we offer to registered users of our services and bill issuers. Nothing contained on this web site should be viewed as an offer or professional advice of any kind. We may also enable users to sign up for and register to use our Subscription Services which we make available via this site. For more information regarding our Subscription Services and how you can sign up please see Section C
2. You may not access this site for any purpose other than for general informational purposes or to the extent required to enable you to make use of our services for which you have registered. You may not access our site for the purposes of redistributing or otherwise using any of the content displayed or contained on this site unless you are expressly authorised thereto by us in writing.
3. You may not use your access to this site or our services in a manner that would bring us, our business and/or any of our personnel into disrepute. Furthermore, you may not access this site or make use of our services for unlawful purposes or in a manner which infringes our rights or the rights of any other. You must comply with the laws, regulations and codes of conduct applicable to your use of this site and our services.
4. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
5. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site, including such components and systems used by us to provide services to you via this site belong to us and our licensors. You may not make any use of such components save in the course of your use of our site and/or services in the normal manner as permitted by us.
6. Your access of this web site is done at your own risk and you should be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
8. You may provide and we may collect certain information about you and your use of our web site and services. We will collect, process, use and disclose such information strictly in accordance with our Client Information Processing Policy [Insert Information Processing Policy link].
9. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
10. You are solely responsible for any and all costs that may apply to your access to and use of this web site and the services offered on it.
YOU ACKNOWLEDGE THAT THE INFORMATION CONTAINED ON THIS WEBSITE DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED ON THIS WEBSITE. RELIANCE ON AND USE OF OUR WEB SITE, THE CONTENT DISPLAYED ON THE WEBSITE IS THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY INJURY, EXPENSE, LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU INDEMNIFY US AND OUR PERSONNEL AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH SUCH RELIANCE OR USE. YOU FURTHER AGREE TO INDEMNIFY US AGAINST ANY LOSS, EXPENSE OR DAMAGE SUFFERED BY US AS A RESULT OF ANY THIRD PARTY CLAIM WHICH ARISES FROM OR IS BASED UPON YOUR CONDUCT OR RELIANCE ON THE WEB SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS.
- Complaints and Disputes
1. If you feel that you have cause to complain in connection with your use of our site, you can submit your complaint via email to our Web Administrator. We will try to do our best to resolve any problems that arise. We require that you provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description of the service feature which is the cause of your complaint
- The problem with the service or rights that you allege to be infringed by such feature or component
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
- Please incorporate your signature into the complaint.
3. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
- As a user of this site you may be given the option of subscribing to our web based subscription services.
- TO MAKE USE OF OUR SUBSCRIPTION SERVICES YOU MAY BE REQUIRED TO ACCEPT SPECIFIC TERMS AND CONDITIONS WHICH WILL GOVERN YOUR USE OF SUCH SERVICES IN ADDITION TO THESE TERMS.
- If there is any conflict between these terms and the specific terms applicable to your use of our subscription services, the specific terms applicable to our subscription services will prevail over these terms to the extent of such conflict.
1.1. In these terms:
• “client” means a person or entity designated by you and from which payments may be received and processed by us and the collection agents on your behalf;
• “client information” means information regarding your clients which you submit to us in connection with the services,
including name, address, contact details and financial information;
• “collection agents” means a person or entity that has been appointed to receive payments from clients on your behalf;
• “we”, “us” and “our” means Pay At Services (Pty) Ltd, a South African company with registration number 2006/027951/07, with physical address at Ground Floor, Old College Building, 35 Church Street, Stellenbosch, 7600 and telephone number +27 (0)21 886 5557;
• “you” means a user of the Yap Portal who has validly subscribed to use the services by agreeing to these Service Terms in the manner prescribed in the Yap Portal;
• “Yap Portal” means the website located at https://prod.yapit.co.za/app/public/signup
• “services” means the subscription services pertaining to the invoicing and processing of payments made available to users via the Yap Portal;
2. Access to the Services
2.1. The services are web based and can only be accessed via the Yap Portal from the webpage located at www.yapit.co.za
2.2. We will require that you register for the services and we will require certain information from you including proof of your identity and physical address. We may require you to submit further documents or information from time to time in order to continue to be eligible for our services. You must keep your particulars on the Yap Portal up to date in the event of changes. YOU CONFIRM AND WARRANT THAT ALL INFORMATION AND DOCUMENTS THAT YOU PROVIDE TO US ARE AUTHENTIC, COMPLETE, ACCURATE AND UP TO DATE.
2.3. We may issue you with a user or access code which you will be required to submit on each occasion where you access or make use of the services. You must keep such access code confidential and may not share it with any third party. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL INSTRUCTIONS SUBMITTED TO US VIA THE YAP PORTAL ENABLED THROUGH THE USE OR INPUT OF THE ACCESS CODE ISSUED TO YOU.
2.4. We require certain information about you to be able to make the services available to you. Such information will be used by us strictly in accordance with our Information Processing Policy which you can access at www.yapit.co.za.
3. Scope of the Services
3.1. The service enables you to:
3.1.1. generate and deliver invoices to your clients via the communication channels selected by you (such as email or sms); and
3.1.2. receive the amounts due to you in respect of the invoices so generated and via our collections agents designated by you.
4.1. To be able to submit invoices to your clients and receive the invoiced amounts on your behalf, we and our collection agents require the necessary authorisations and permissions from you including:
4.1.1. permission to use the client information you submit to usto render the invoices and collect the payments on your behalf;
4.1.2. authorisation to process and receive on your behalf the payments made by your clients in respect of your invoices.
4.2. Accordingly, when you register and make use of the service, you must give us and our collection agents the necessary
authorisation and consent required by law to enable us to use your client information and receive invoiced amounts on
4.3. THE SERVICE IS INTENDED FOR COLLECTION OF INVOICES RENDERED FOR GOODS AND/OR SERVICES SUPPLIED BY YOU OR YOUR BUSINESS. THE SERVICE IS NOT INTENDED FOR COLLECTION OF OTHER TYPES OF PAYMENTS SUCH AS INSURANCE PREMIUMS, BANK DEPOSITS, GAMBLING BETS OR INVESTMENT PAYMENTS.
4.4. YOU MUST ENSURE THAT YOU ARE ENTITLED TO PROVIDE US WITH YOUR CLIENT INFORMATION AND THAT YOU CAN APPOINT US TO PERFORM THE SERVICES AND COLLECT THE PAYMENTS FOR YOU. WE WILL NOT BE LIABLE FOR ANY LOSS IF YOU FAIL TO DO THIS, AND YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD US AND THE COLLECTION AGENTS HARMLESS AGAINST ANY LOSSES, FINES OR CLAIMS MADE AS A RESULT OF SUCH FAILURE. IF YOU BECOME AWARE THAT YOUR USE OF THE SERVICE MAY BE ILLEGAL FOR ANY REASON, YOU MUST NOTIFY US IMMEDIATELY.
5.1. You will be permitted to make use of the service for the duration that you are validly subscribed to do so. The requirements to be a subscriber and make use of our services are set out on the Yap Portal.
5.2. You can cancel your subscription to our service at any time on a month’s written notice. You can send such notice to us through our website or by email at www.yapit.co.za. Following such notice, you may not issue any further invoices via the services and we will only processthe collection of amounts already invoiced. Accordingly, you should note that termination of the service will not result in the immediate termination of our appointment in respect of such amounts, which will still be collected and paid to you in accordance with these terms.
5.3. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF THE SERVICE AT ANY TIME, AND, PARTICULARLY, IF WE SUSPECT THAT YOU ARE ABUSING THE SERVICE OR USING IT FOR ILLEGAL PURPOSES.
6.1. You must ensure that the information (including the client information and payment amount) contained in the invoice is correct. We will provide you with an opportunity to review the content of the invoice and to correct any mistakes prior to the sending of the invoice to the client. WE WILL NOT ACCEPT ANY LIABILITY FOR INACCURATE INVOICES.
6.2. You may be enabled to amend or cancel invoices already sent to clients before payment is made on such invoices. IF WE HAVE ALREADY RECEIVED THE INVOICED AMOUNTS, IT WILL BE YOUR RESPONSIBILITY TO REFUND OVERPAID AMOUNTS TO SUCH CLIENT. WE CANNOT PROVIDE REFUNDS TO YOUR CLIENTS.
7.1. We will pay over to you on a weekly basis the aggregate of all amounts (less our fees and any chargebacks) collected on your behalf by us and our collection agents.
7.2. YOU MUST ENSURE THAT THE DETAILS OF THE BANK ACCOUNT WHICH YOU DESIGNATE FOR RECEIPT OF PAYMENTS FROM US ARE CORRECT. WE WILL NOT BE LIABLE FOR LOSSES WHICH YOU INCUR WHICH RESULT FROM THE PROVISION OF INCORRECT BANKING DETAILS. IT IS YOUR RESPONSIBILITY TO INFORM US OF CHANGES TO YOUR BANK ACCOUNT DETAILS.
8. Fees and chargebacks
8.1. The fees payable by you in respect of your use of our services are as published on the Yap Portal. The fees may be adjusted from time to time. We will endeavour to notify you of any changes to our fees, but it remains your responsibility to check for changes to our fees prior to each occasion that you make use of the service. YOUR CONTINUED USE OF OUR SERVICE AFTER WE CHANGE OUR FEES CONSTITUTES ACCEPTANCE BY YOU OF THE CHANGES.
8.2. Our fees exclude VAT and other taxes that may apply to our fees for the service, which you shall be liable to pay in addition.
8.3. Unless specifically stated otherwise on the Yap Portal, we will deduct our fees from amounts collected on your behalf.
Amounts paid over to you will therefore be net of the fees due to us in respect of the invoicing and collection of such
8.4. On certain bank cards, clients may reverse payments made with such cards for a variety of reasons. You may be required to provide certain information to us to enable usto object to such a chargeback. If such a chargeback occurs and the amount involved was previously paid out to you, you must repay us. Chargebacks may therefore also be deducted from any subsequent amounts collected on your behalf.
8.5. YOU ACCEPT THAT OUTSTANDING CHARGEBACKS AND FEES DUE TO US MAY ALSO BE RECOVERED DIRECTLY FROM YOUR BANK ACCOUNT AND YOU AUTHORISE US TO ISSUE AND DELIVER PAYMENT INSTRUCTIONS TO THE BANK ON YOUR BEHALF TO EFFECT SUCH RECOVERY AND, IF REQUIRED, YOU AGREE TO PROVIDE US WITH A SEPARATE DEBIT ORDER MANDATE IN A FORM AND FORMAT PRESCRIBED BY US TO DO SO. YOU MAY NOT REVERSE INSTRUCTIONS GIVEN TO YOUR BANK TO EFFECT PAYMENTS DUE TO US.
9. Transaction Records
9.1. We will maintain records of the invoices generated and client payments received through your use of our services for at least 12 (twelve) months and make them available to you via the Yap Portal. These records may, however, be archived and removed from the web site thereafter. You must ensure that you make copies of such records on a regular basis and you may contact us if you require copies of archived material. We may keep all transaction records for up to 5 (five) years after which they will be erased.
10.1. YOU USE OUR SERVICE AT YOUR OWN RISK. WE ALSO DO NOT WARRANT THAT THE YAP PORTAL OR THE SERVICE WILL ALWAYS BE AVAILABLE OR ERROR FREE. IF YOU BECOME AWARE OF ANY ERRORS OR PROBLEMS AFFECTING THE SERVICES, PLEASE NOTIFY US USING THE CONTACT DETAILS PROVIDED ON THE YAP PORTAL.
10.2. WE AND OUR COLLECTIONS AGENTS SHALL NOT ACCEPT ANY LIABILITY TO YOUR CLIENTS AND YOU AGREE TO
INDEMNIFY US AGAINST ANY SUCH CLAIMS MADE BY YOUR CLIENTS.
10.3. ALTHOUGH WE TRY OUR BEST TO HELP YOU TO INVOICE AND COLLECT PAYMENTS FROM YOUR CLIENTS WE OBVIOUSLY CANNOT GUARANTEE THAT ALL INVOICES WILL BE RECEIVED OR THAT YOU WILL BE PAID BY YOUR CLIENTS. ACCORDINGLY, YOU ACKNOWLEDGE THAT NEITHER US NOR OUR COLLECTIONS AGENTS ARE RESPONSIBLE FOR ENSURING THAT YOUR CLIENTS MAKE PAYMENT TO YOU EITHER PROMPTLY OR AT ALL.
10.4. PAY@ AND ITS COLLECTION AGENTS SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSSES ARISING IN CONNECTION WITH YOUR USE OF THE YAP PORTAL, EXCEPT TO THE EXTENT THAT SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.
10.5. IN ANY EVENT, THE TOTAL LIABILITY OF PAY@ AND ITS COLLECTIONS AGENTS FOR ANY CLAIM MADE BY YOU IN CONNECTION WITH YOUR USE OF THE YAP PORTAL SHALL BE LIMITED TO THE FEES COLLECTED FROM YOU DURING THE 6 (SIX) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM ARISING, IRRESPECTIVE OF THE CAUSE OF THE CLAIM, EXCEPT TO THE EXTENT THAT SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.