• (+27) 73-150-7724

  • info@biztoolssa.com

  • Vanderbijlpark, Gauteng, SA

OurTerms & Conditions

This web portal is run by ATM Business Solutions Close Corporation (Registration No: 2003/010706/23) a close corporation with its registered place of address located in the Republic of South Africa and Trading as ATM Consulting, providing a web portal called BizTools™ South Africa.
BizTools™ South Africa contact details:
Member and CEO: Themba A Malashe
Email: info@biztoolssa.com

1. DEFINITONS
In this Agreement, unless the context indicates otherwise, the words and expressions set out below shall have the meanings assigned to them and cognate words and expressions shall have a corresponding meaning, namely:

  1. BizTools South Africa

    means a web portal owned by ATM Business Solutions Close Corporation with registration number: 2003/010706/23 trading as ATM Consulting;

  2. Acceptance

    means an acknowledgement and consent to these Terms and Conditions as binding on the party who has registered as either a Professional Service Provider or User on BizTools™ South Africa web portal;

  3. Business Data

    means the company and financial information to be captured by Users and Professional Service Providers used to create BizTools™ South Africa’s User dashboards;

  4. Business Day

    means any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;

  5. Parties

    means BizTools™ South Africa, the Professional Service Provider and the User, and "Party" shall mean any one of them as the context may indicate;

  6. Terms and Conditions

    means these terms and conditions;

  7. Services

    means the services which BizTools™ South Africa shall provide online business tools to Professional Service Providers and Users by use of its web portal, as set out in clause 3 below;

  8. Professional Service Provider

    means an organisation, business or individual which intends to provide professional services to Users by making use of BizTools™ South Africa web portal; and

  9. User

    means an organization or business within the Republic of South Africa which intends to make use of BizTools™ South Africa’s web portal.

2. SCOPE OF APPLICATION
All Services offered by BizTools™ South Africa to the User and/or the Professional Service Providers shall be governed strictly and exclusively on the basis of these Terms and Conditions. These Terms and Conditions supersede any terms and conditions stipulated by the User and/or the Professional Service Providers irrespective of that stipulated on a User's and/or the Professional Service Provider’s order.

3. THE SERVICES
Services are defined as providing a platform where the User selects business tools, module and/or level they need to use on a dashboard from a list of business tools available on BizTools™ South Africa’s web portal. Relevant information is submitted to allow the BizTools™ South Africa platform to assist and determine a User’s business status report and give them access to request assistance from Professional Service Providers that may be able to assist based on the Professional Service Provider’s profile expertise and proximity.

4. SERVICE DELIVERY
The BizTools™ South Africa Service shall operate as follows:

  1. The User and/or Professional Service Provider will register online through the web portal.

  2. The User will select the business tools, modules and/or levels they wish to use on their dashboard and pay only for what they wish to use. The selection will be processed through BizTools™ South Africa’s database and present onto the User Dashboard.

  3. Professional Service Providers will register as professional and be approved by the BizTools™ South Africa administrators for services they qualify for, giving them access to receiving requests from the Users for such services.

  4. BizTools™ South Africa will provide a web portal that manages the process flow between the User and the Professional Service Provider.

5. PRICE

  1. The subscription fees and/or service fees payable by a User to obtain access to BizTools™ South Africa’s web portal shall be:

    1. FREE – Create An Account or Register as a BizTools™ South Africa User
    2. Fees payable per business tool selected by User (as is disclosed and updated on the web portal). All Subscription Fees are exclusive of VAT.
    3. 4.5% (exclusive of VAT) Finance Transaction Fee is payable per order processed on the Professional Network. The User will pay the Order Amount plus 4.5%. All Order Amounts are exclusive of VAT.

  2. The subscription fees and/or service fees payable by a Professional Service Provider to obtain access to BizTools™ South Africa’s web portal and business leads:

    1. R0.00 (Zero Rand) once off registration fee – allows the process of registration and vetting to begin which when successful, the profile will be approved.
    2. R0.00 (Zero Rands) annually as a subscription fee – allows the professional to access the professional network platform and manage projects on the platform.
    3. 7.50% per successful order from the platform - allows access to monitor orders and projects up to the completion stage.

6. OFFER AND ACCEPTANCE
BizTools™ South Africa offers annual subscription to Users and Professional Service Providers online through its web portal. When the User and/or Professional Service Provider completes the business tool or professional network subscription registration form, this will be considered an Acceptance of such subscription and a contract will immediately be concluded subject to these Terms and Conditions.

7. PAYMENT
BizTools™ South Africa offers annual subscription to Users and Professional Service Providers online through its web portal. When the User and/or Professional Service Provider completes the business tool or professional network subscription registration form, this will be considered an Acceptance of such subscription and a contract will immediately be concluded subject to these Terms and Conditions.

  1. For Users, payment in full is to be made upfront upon order. For Professional Service Providers, payment is in full for application and subscription fees and for the transaction fee it will be deducted from the transaction or order amount.

  2. Payment may be made via Visa and MasterCard credit cards or by bank transfer into BizTools™ South Africa’s bank account, the details of which will be provided on completion of your purchase.

  3. Credit card transactions will be required for BizTools™ South Africa via PayFast (Pty) Ltd. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

  4. User and/or Professional Service Provider details will be stored by BizTools™ South Africa separately from card details which are entered by Users and/or Professional Service Providers on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za

  5. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

  6. BizTools™ South Africa takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and

  7. Subject to availability and receipt of payment, requests will be processed immediately and delivery confirmed by way of email.

8. LIMITATION OF LIABILITY

  1. Unless otherwise specifically agreed between the parties in writing, the quality of the Professional Service Provider is determined strictly and exclusively in accordance with the regulatory body that governs the Professional Service Provider’s area of expertise and the User acknowledges that BizTools™ South Africa shall not be held liable for any loss incurred from, or relating to, the use of the Professional Service Provider’s Service.

  2. The profile information and any other information provided to Users by BizTools™ South Africa for suggested Professiona Service Providers shall not be binding on BizTools™ South Africa in any way, manner of form. Should the User require further verification, the aforesaid verification is the sole responsibility of the User and BizTools™ South Africa shall in no way be held liable for the correctness thereof.

  3. The profile information and any other information provided by BizTools™ South Africa to the Professional Service Provider with respect to User information and/or profiles shall not be binding on BizTools™ South Africa in any way, manner or form. Should the Professional Service Provider require further verification, the aforesaid verification is the sole responsibility of the Professional Services Provider and BizTools™ South Africa shall in no way, manner or form be held liable for the correctness thereof.

  4. User and/or Professional Service Provider details will be stored by BizTools™ South Africa separately from card details which are entered by Users and/or Professional Service Providers on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za4. The information provided by BizTools™ South Africa to the User on completion of the service application is a summary and in no way, manner or form binding on BizTools™ South Africa. The User acknowledges that the information contained in the dashboard shall in no way, manner or form be construed as correct in fact or law and therefore BizTools™ South Africa shall be held harmless against any claim, loss or damage resulting therefrom.

  5. BizTools™ South Africa does not warrant the suitability for any specific Professional Service Provider, and in so far as is permitted under the Consumer Protection Act 68 of 2008, as amended (“CPA”), any product specifications or other information provided by BizTools™ South Africa shall not relieve the User of the need to conduct its own investigations and tests as to the suitability of the Professional Service Provider for any specific purpose and the User shall have no claim against BizTools™ South Africa should the Professional Service Provider not be suitable.

  6. BizTools™ South Africa shall not be liable to the User in any manner whatsoever for the supply of Professional Service Providers and/or to Professional Service Providers for the supply of User information in the event of impossibility, delay or circumstances entirely beyond the control of BizTools™ South Africa, such as but not limited to those described herein below, and where BizTools™ South Africa informed the User and/or Professional Service Provider as soon as it became aware of impossibility or delay in the supply of the abovementioned information.

  7. BizTools™ South Africa shall not be liable to the User for damage caused by the Professional Service Provider, or as a result of any other direct or indirect act or omission by the Professional Service Provider, its employees or agents resulting in the User being harmed or causing harm to any person or damage to any property.

  8. BizTools™ South Africa shall not be liable to the Professional Service Provider for damage caused by the User, or as a result of any other direct or indirect act or omission by the User, its employees or agents resulting in the Professional Service Provider being harmed or causing harm to any person or damage to any property.

9. RISK
The User and/ or the Professional Service Provider shall have no claim against BizTools™ South Africa for damages caused due to loss of profits or otherwise occasioned by the Professional Service Provider to the User’s premises, business or affected third parties. The User may interview and review the Professional Service Provider at its own discretion and all risk related to the appointment of any Professional Service Provider put forward to the User by BizTools™ South Africa remains the User’s sole risk.

10. COMPLIANCE WITH LEGAL REQUIREMENTS
The User and/or Professiona Service Provider shall comply with all laws and regulations regarding import, transport, storage and use of the goods

11. BREACH
Should the User or Professiona Service Provider fail to make any payment of any amount due and payable on the due date, or breach any of the other Terms and Conditions contained herein (all of which are deemed material) or commit an act of insolvency, or allow a judgment to be entered against it, or be provisionally or finally liquidated or sequestrated, then BizTools™ South Africa shall, without prejudice to and in addition to its other legal remedies, be entitled to cancel this contract or any unfulfilled part thereof.

12. TERMINATION
These Terms and Conditions shall commence on Acceptance by the respective User and Professional Service Provider and shall continue for indefinite period unless terminated by the Parties on 2 (two) months written notice to the other.

13. LEGAL PROCEEDINGS

  1. Regardless of the place of execution or performance under these Terms and Conditions or domicile of the User and/or the Professional Service Provider, these Terms and Conditions and all modifications and amendments hereof, shall be governed by and decided upon and constructed under and in accordance with the laws of the Republic of South Africa.

  2. A certificate issued and signed by any member or manager of BizTools™ South Africa, whose authority need not be proved, in respect of any indebtedness of the Professional Service Provider to BizTools™ South Africa or in respect of any other fact, including the fact that such goods or services were sold and delivered, shall be prima facie evidence of the Professional Service Provider's indebtedness to BizTools™ South Africa and prima facie evidence of such other fact and prima facie evidence of the delivery of the goods or services.

  3. The User and/or Professional Services Provider's physical address as disclosed by the Companies and Intellectual Property Commission shall be recognized as the User's and/or Professional Service Provider’s address for receipt of notices and execution of legal documents for all purposes in terms of these Terms and Conditions whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatsoever nature.

  4. The BizTools™ South Africa’s web portal is governed by the laws of the Republic of South Africa and BizTools™ South Africa chooses its domicilium as:
    212 Westinghouse Boulevard,
    Central East 2
    Vanderbijlpark, Gauteng
    South Africa
    1911

  5. All legal costs, including attorney client costs, tracing agent's fees and collection charges which may incur in taking any steps pursuant to any breach by the User and/or Professional Service Provider shall be for the User’s and/or Professional Service Provider’s account.

14. ALTERNATIVE DISPUTE RESOLUTION

  1. Where a statutory or accredited ombud has jurisdiction in terms of the CPA, all disputes falling under the jurisdiction of the said ombud shall be referred to the ombud for a recommendation.

  2. Where there is no ombud as contemplated in clause 14.1, and the dispute is one falling under the CPA, an Alternative Dispute Resolution Agent referred to therein shall be appointed to mediate the dispute or, by agreement between the User and/or Professional Service Provider and BizTools™ South Africa, the dispute will be referred to Arbitration as contemplated in clause 14.3 to 14.6 below.

  3. BizTools™ South Africa and the User and/or Professional Service Provider may agree to refer any dispute arising from or in connection with these Terms and Conditions to arbitration, which arbitration shall be final and binding on both BizTools™ South Africa and the User and/or Professional Service Provider and shall only be subject to Review by the High Court if one of the established grounds for review exist and under no circumstances shall the arbitrator’s decision be appealed to the High Court or any other body.

  4. When BizTools™ South Africa and the User and/or Professional Service Provider have agreed to refer the matter to arbitration in terms of clause 14.3 above, in the interests of a speedy and cost effective resolution of the dispute, a short form or expedited form of arbitration shall be adopted and the rules of the arbitration shall not require that any party prepare and file any documents in a form identical to or similar to that of Court pleadings and Heads of Argument. This informality shall not detract from the onus to commence and the burden of proof, which shall follow the High Court practice in this respect.

  5. The arbitrator must be a person agreed upon by the parties and shall at least hold a tertiary qualification in the technical field of the dispute, except where the dispute relates predominantly to the interpretation of these Terms and Conditions or any law, regulation, or by-law, in which case the appointed arbitrator shall have at least 10 (ten) years practical experience as an attorney in private practice or as an advocate of the High Court.

  6. Failing agreement on the appointment of an arbitrator or the rules of the arbitration, an arbitrator must be appointed by the Arbitration Foundation of South Africa, who shall then finally resolve the dispute in accordance with the rules of the Arbitration Foundation of South Africa.

15. FORCE MAJEURE

  1. To the extent any incident or circumstance beyond BizTools™ South Africa 's control (including natural occurrences, war, strikes, lock-outs, shortages of energy, obstruction of transportation, breakdown of systems or equipment, fire, explosion, acts of Government), reduces the availability of services, BizTools™ South Africa shall:

    1. be relieved from its obligations under these Terms and Conditions to the extent that BizTools™ South Africa is prevented from performing such obligations; and
    2. have no obligation to procure goods from other sources. If the aforementioned occurrences last for a period of more than 3 (three) months, BizTools™ South Africa is entitled to withdraw from these Terms and Conditions without the User and/or Professional Service Provider having any right to compensation.

16. DISCLOSURE OF PERSONAL INFORMATION

  1. The User and/or Professional Services Provider understands that the personal information given in the application form will be used by BizTools™ South Africa for the purpose of populating the business tools and may be used in assessing the User and/or Professional Service Provider’s business performance. The User and/or Professional Service Provider confirms that the information given is accurate and complete. The User and/or Professional Service Provider further agrees to update the information supplied, in order to ensure the accuracy and completeness of the information given, failing which BizTools™ South Africa will not be liable as a result of any inaccuracies or lack of completeness of information.

  2. BizTools™ South Africa has the User’s and/or Professional Service Provider’s consent at all times to contact and request information from any persons, credit bureaus or business, including those mentioned in the credit application form and to obtain any information relevant to the User’s and/or Professional Service Provider’s credit assessment, including but not limited to, information regarding the amounts purchased from the suppliers per month, length of time the User and/or Professional Service Provider has dealt with such supplier, type of goods or services purchased and manner and time of payment.

  3. The User and/or Professional Service Provider agrees and understands that information given in confidence to BizTools™ South Africa by a third party on the User and/or Professional Service Provider will not be disclosed to the User and/or Professional Service Provider.

  4. The User and/or Professional Service Provider hereby consents to and authorizes BizTools™ South Africa at all times to furnish credit information concerning the User’s and/or Professional Service Provider’s dealings with BizTools™ South Africa to a credit bureau and to any third party seeking a trade reference regarding the User and/or Professional Service Provider in his dealings with BizTools™ South Africa.

  5. BizTools™ South Africa shall take all reasonable steps to protect the personal information of the User and Professional Service Provider. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

17. NATIONAL CREDIT ACT

  1. In the event that the NCA applies to any transaction between BizTools™ South Africa and a User and/or Professional Service Provider then:

    1. If any provision of these terms and conditions are in conflict with the NCA, such conflicting terms and conditions shall not apply;
    2. BizTools™ South Africa and the User and/or Professional Service Provider shall conclude an agreement in compliance with the NCA and BizTools™ South Africa shall not be obliged to deliver any goods or provide any services until such agreement is signed.

  2. The costs and charges which v is entitled to recover from the User and/or Professional Service Provider shall be the maximum allowed by the NCA and BizTools™ South Africa shall be obliged to comply with the NCA before instituting any legal proceedings against the User and/or BizTools™ South Africa.

18. CONSUMER PROTECTION ACT
BizTools™ South Africa recognizes that its Users and/or Professional Service Providers may be consumers under the CPA and Regulations and in so far as any transactions are protected under the CPA, any clause in respect of such transaction in terms of these Terms and Conditions shall be interpreted in order to give effect to the User’s and/or Professional Service Provider’s rights. Likewise, the User and/or Professional Service Provider recognizes and confirms that in so far as they are not in conflict with the CPA and Regulations, the User and/or Professional Service Provider shall perform its obligations under these Terms and Conditions.

19. NOTICES

  1. Any notice or communication required or permitted to be given in terms of these Terms and Conditions shall be valid and effective only if in writing and if received or deemed to be received by the addressee as stipulated in clause 19.2 and 19.3 below.

  2. Any notice to a party sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 7th (seventh) Business Day after posting (unless the contrary is proved).

  3. Any notice to a party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.

20. COMPLIANCE
In performing its obligations under these Terms and Conditions the User and/or Professiona Service Provider undertakes to comply with all applicable laws and regulations (in particular, but not limited to, relating to antitrust and anti-corruption).

21. VARIATION
BizTools™ South Africa may, at its sole discretion, change these Terms and Conditions or any part thereof at any time without notice.

22. GENERAL
BizTools™ South Africa may, at its sole discretion, change these Terms and Conditions or any part thereof at any time without notice.

  1. These Terms and Conditions represent the entire agreement between BizTools™ South Africa and the User and/or Professional Service Provider and shall govern all future contractual relationships between BizTools™ South Africa and the User and/or Professional Service Provider and shall also be applicable to all debts, which the User and/or Professional Service Provider may owe to BizTools™ South Africa prior to the User’s and/or Professional Service Provider’s Acceptance of theses Terms and Conditions.

  2. The Professional Service Provider and/or User acknowledges that it is aware that BizTools™ South Africa 's dealers and sales persons have no authority to vary these Terms and Conditions of sale, and BizTools™ South Africa assumes no liability and shall not be bound by any statements, warranties or representations made by such dealers and or sales persons, save as expressly stated in writing and signed by a manager or a director of BizTools™ South Africa duly authorized thereto whose names are available on request.

  3. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these Terms and Conditions, shall be of any force or effect unless reduced to writing and signed by, the User and/or Professional Service Provider, and a director of BizTools™ South Africa. No agreement purporting to obligate BizTools™ South Africa to sign a written agreement to amend, alter, vary, delete, add or cancel these Terms and Conditions, shall be of any force or effect, unless reduced to writing and signed by the User and/or Professional Service Provider, and a director of BizTools™ South Africa

  4. The User and/or Professional Service Provider acknowledges that no warranties, representations or guarantees have been made by BizTools™ South Africa or on behalf of BizTools™ South Africa, which may have induced the User and/or Professional Service Provider to Accept these Terms and Conditions.

  5. No relaxation or indulgence which BizTools™ South Africa may give at any time in regard to the carrying out of the User’s and/or Professional Service Provider’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of BizTools™ South Africa’s right in terms of these Terms and Conditions.

  6. The User and/or Professional Service Provider shall not cede its rights nor assign its obligation in terms hereof without BizTools™ South Africa 's prior written consent thereto.

  7. BizTools™ South Africa shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this application for credit facilities including all terms and conditions to any third party with prior notice to the User and/or Professional Service Provider.

  8. The User and/or Professional Service Provider undertakes to notify BizTools™ South Africa in writing within a period of 7 (seven) days of any change of address, change in ownership, name change or any changes in information as set out in these Terms and Conditions and shall likewise inform the User and/or Professional Service Provider of any such changes affecting BizTools™ South Africa.

  9. The headings in this document are included for convenience only and are not to be taken into account for the purpose of interpreting these Terms and Conditions.

  10. Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms.

  11. Provided that they do not conflict with any of the Terms and Conditions contained herein, such as general practices, terms and conditions applicable to the industry in which BizTools™ South Africa conducts business shall be applicable to all dealings between BizTools™ South Africa and the User and/or Professional Service Provider.