TERMS AND CONDITIONS APPLICABLE TO APS APPLICATION
In these terms and conditions the following words will have the following
1.1. Account means any bank account held in the name of the
Customer together with any bank accounts in
respect of which the Customer holds a Valid
1.2 APS means Automated Payment System.
1.3. Bank means your registered bank in terms of the Banks Act, 1990 as
1.4. Billing Account means the Customer’s nominated account used for the
purpose of debiting the fees payable in terms of
1.5. Channel means the Internet network.
1.6. Commencement Date means the date of submitting or signing the application
for registration, or the date of accepting these
terms and conditions, whichever occurs first.
1.7. Customer means the sole proprietor/partnership/company/close corporation
or any other created entity (whether corporate or
unincorporated) or the state, which has registered for the APS.
1.8. Main User/s means any person/s authorized or deemed to be authorized by
the Customer to use the APS.
1.9. Operator means any person/s nominated and authorized by the Main User to
perform certain specified functionalities as
determined and delegated by the Main User, on behalf of the Main User
1.10. Password means 6 (six) to 12 (twelve) alphanumeric (both letters and
numbers) characters chosen by the Customer,
Main User or Operator, as the case may be, used as additional security and
authentication during the access procedure.
1.11 Pin means the first layer security and authentication alphanumeric
character set chosen by the Customer, Main User
1.11. Reminder Notice means any reminder by the APS to the Customer in terms of
services offered by the APS, inclusive of
sms notifications, e-mail notifications and any electronic and non electronic
1.12. User number means the number assigned to the Customer, Main User, or
Operator upon successful registration to
the APS and should be used to access the APS in conjunction with the Password.
1.13. Valid Mandate means an authorised instruction given by the Customer
authorising the Main User or Operator to
act on behalf of the Customer.
1.14. Service Provider means the legal entity who will be providing the APS.
2. USE OF THE APS SUBJECT TO CONDITIONS
2.1 The use of the APS is provided subject to these terms and
conditions. The Customer acknowledges that the APS will
enable the Customer to access facilities (e.g. bank accounts); and that such
facilities, Accounts or products might be governed by
separate terms and conditions.
2.2 The Service Provider may vary these terms and conditions by giving
reasonable notice of such amendment to the Customer, by
posting a notification of amendment on the website.
2.3 A certificate signed by the administrator responsible for maintaining this
website will be accepted as sufficient proof of the
date of publication and content of the current version and all previous
versions of the terms and conditions and will be
regarded as correct, unless the Customer proves
3.1 The Customer will obtain access to the APS via the Internet and it is
specifically noted that the Customer must register with
an Internet Service Provider before the Commencement date.
3.2 The Customer will be solely responsible for the acquisition, installation
and maintenance of the connection to the Internet and
any related costs or expenses will be borne by the Customer.
3.3 Should the Internet software and hardware requirements be modified with a
view to improving or upgrading the Internet and/or the
APS, the resultant cost of any hardware, software or Internet
connection required for use of the APS will be for the
Customer’s own account.
3.4 In the event that the Customer experiences problems with the Internet and
the Internet connection, it is the Customer’s
responsibility to liaise with the Internet Service Provider prior to contacting
the Service Provider.
3.5 All information on this website is only intended to provide the Customer
with general information about the APS and the Service
Provider will not be liable for information which is not accurate or up
4. OPERATION OF THE ACCOUNT
4.1 The APS will be available at all times, subject to the availability of the
APS connection and to any periods required for
necessary maintenance of the APS.
4.2 The Customer authorizes the Service Provider to carry out any and all
instructions given via the APS, including the debiting
of and transfer of funds from the Account and the furnishing of information on
the Account, provided that the instructions are
authenticated by the use of:
5.2.1 the Pin and Password; (The Secret Code/Word provided by the customer)
5.2.2 any other procedures which may be agreed to in writing between the
Customer and the Service Provider or the
4.3 The Customer accepts the financial limits imposed on transfer of funds,
which limits may be altered at any time as agreed
between the Customer and the Bank.
4.4 The provision of the APS will not entitle the Customer to overdraw the
Account if borrowing arrangements have not been made
with the Bank, or to overdraw in excess of any borrowing limit agreed
by the Bank.
4.5 The Customer acknowledges that an instruction to pay cannot be revoked by
means of the APS once the Customer has sent the
instruction. The Customer will have to follow a recall request process with the
5. DUTIES OF THE CUSTOMER
5.1 The Customer must keep its Pin, Password and User number secret. The
Customer must not disclose the Pin, Password or User
number, thereby giving access to any unauthorized person, known or unknown to
5.2 The Customer must take all reasonable precautions to prevent unauthorized
use of the APS and unauthorized access to the Account.
5.3 If the Customer suspects that the Pin, Password or User number has become
known to someone else, the Customer must immediately
notify the Service Provider and immediately change the Pin and/or Password.
5.4 The Customer must provide the correct account number as well as the correct
branch clearing code, where required, of all
beneficiaries when instructing the service provider via the APS to make
payments. Nor the service provider or the Bank does at
any stage verify an account number and branch clearing
code against the name of a beneficiary.
6. UNAUTHORISED USE OF THE PASSWORD
If any unauthorized person obtains the Pin, Password or User number in any
manner whatsoever, such a person will be regarded as the Customer’s duly
authorised agent with full authority to use the APS on the Customer’s behalf,
unless the Customer is able to prove that the person has obtained the Pin,
Password or User number due to the Service Provider’s negligence or due to
internal fraud in the Service Provider.
7. THE MAIN USER
7.1 The Customer must provide the Service Provider with the necessary written
authorizations in terms of authorized Main Users to use
7.2 The Customer is entitled to appoint new Main Users by providing the Service
Provider with amended written authorizations from time
7.3 It is the Customer’s responsibility to control and restrict access to the
APS. The Service Provider will supply the Customer with
the means to register access Pins and Passwords for each Main User.
7.4 If the Customer chooses to utilize operators, the Main User will be
responsible for selecting the operating abilities of
and the functionalities to be performed by each Operator nominated by the Main
User. All financial transactions created by the
Operator will only be effected once authorised by the
Main User irrespective of the authorisation
requirements set at time of registration.
7.5 The Customer may revoke a Main User’s or Operator’s access to the APS at
any time by giving the Service Provider written notice
of the revocation.
8. LIABILITY FOR LOSS OR DAMAGE
8.1 The Customer acknowledges that the use of the APS and the Account is at the
Customer’s own risk.
8.2 The Customer acknowledges that the Bank, the Service Provider and the APS
relies solely on the account number and the branch code
of a beneficiary provided by the Customer, when receiving any
instructions from the Customer to make a payment. Nor
the Service Provider or the Bank is obliged to
determine whether the name of the beneficiary and the
account number and branch clearing code of such a
beneficiary refer to the same person.
8.3 The Service Provider will not be responsible for any damage, loss or
consequential damage which the Customer may suffer as a
8.3.1 any malfunction or defect in the hardware used by the Customer (which
includes the personal computer);
8.3.2 any defect in the software used by the Customer to gain access to the
8.3.3 any act or omission by the Internet Service Provider or any defect in the
APS or any other medium by which access is
gained to the system;
8.3.4 the APS being off-line or unavailable;
8.3.5 any industrial action;
8.3.6 any other circumstances not reasonably within the Service Provider or
8.3.7 erroneous, unauthorized, incomplete, or unlawful instructions from the
8.3.8 unlawful or unauthorized access by another person(s);
8.3.9 the Service Provider’s failure to send Reminder Notices; and
8.3.10 incorrect or late execution or non-payment of any instruction given by
the Customer, due to the
circumstances set out in 8.3.1 to
9. INDEMNITY AND WARRANTY BY THE CUSTOMER
9.1 The Customer indemnifies the Bank and/or the Service Provider against any
damage, loss and/or consequential damage that the Bank
and/or the Service Provider may suffer as a result of incorrect,
wrong, unauthorized and/or wrongful instructions or
information given by the Customer or any other person
authorized or deemed to be authorized to act on behalf of the Customer
9.2 The Customer warrants its authority to deal with the accounts of a third
party on the basis of a Valid Mandate.
9.3 The Customer hereby warrants to the Bank and the Service Provider that the
Customer has the required legal capacity to enter into
and be bound by these terms and conditions.
10. RECORDING OF TELEPHONE CONVERSATIONS
For the protection of the Customer, the Bank and the Service Provider and to
maintain the highest level of service, the Bank and/or the Service Provider may
record telephone conversations between the Customer and the Bank’s and/or the
Service Provider’s staff in respect of the APS.
11.1 Any fees, costs, taxes, commission, and charges in respect of the APS will
be debited to the Customer’s Billing Account.
11.2 The Bank and/or the Service Provider may vary the charges, fees, costs,
taxes, commission charges and levies in respect
of the APS by giving reasonable notice of such amendments to the Customer, by
posting a notification of amendment on the
12. INTELLECTUAL PROPERTY
12.1 The Service Provider, and where applicable the Bank, retains all copyright
and other intellectual property rights in all
material, including logos and other graphics and multimedia works published
on or through this website.
12.2 The Customer is authorized to view and download one copy of these terms
and conditions to a local hard drive or disk,
print and make copies of such printouts, provided that:
12.2.1 the material is used for considering use of the APS and for no other
12.2.2 any reproduction of the Service Provider and/or the Bank’s proprietary
material from this website or portion
of it, must include the either or both of the Service Provider and the Bank’s
copyright notices in its entirety.
12.3 The logos and trademarks shown on this website are the Service Provider
and where applicable the Bank’s registered and
unregistered trademarks, or that of third parties.
12.4 Nothing on this website should be construed as granting any license or
right to use any trademark without the Service
Provider and the Bank’s prior written consent and/or the prior written consent
of third parties, as the case may be. The
Customer may not, without the Service Provider and the
Bank’s prior written consent, use the Service
Provider and/or the Bank’s intellectual property or
the intellectual property of third parties for
any purposes whatsoever.
12.5 The Customer is prohibited from spoofing, linking and framing any part of
13. TERMINATION, SUSPENSION OR WITHDRAWAL OF THE APS
13.1 The Customer may terminate the APS by giving the Service Provider 30
(thirty) days’ notice. Notice by the Customer to
the Service Provider should be given via e-mail or in writing.
13.2 The Service Provider is entitled, at its discretion, to terminate the APS
at any time the Service Provider deems it
13.3 In order to protect the Customer, the Service Provider and the banking
systems, the Service Provider is entitled to
immediately suspend or withdraw all or part of the APS if:
13.3.1 the APS is being used contrary to the terms and conditions of this
13.3.2 the Service Provider has reasonable grounds to believe that the APS may
be used negligently, illegally or
13.3.3 the Service Provider believes that the security of the systems used to
provide the APS may be compromised.
13.4 In the event of the APS not being utilized for a period of 6 (six) months
or longer, the Service Provider reserves the
right to terminate the APS without prior notice. The Customer may reapply for
the APS at any time.
13.5 The Customer is liable for all transactions and/or obligations (and
related charges) which are incurred up to and
including the date of termination.
14. CERTIFICATE OF INDEBTEDNESS
Subject to clause 2.3, a certificate signed by any of the Service Provider’s
managers (whose appointment need not be proved) will be sufficient proof of all
matters (including the Customer’s indebtedness to the Service Provider,
interest and the rate of interest) stated therein.
15. CONFIDENTIALITY OF INFORMATION AND SECURITY
15.1 The Service Provider and/or the Bank cannot be held responsible for the
confidentiality of information contained in
documents that are sent to the selected fax number or e-mail address, or
for documents that do not reach the selected fax
number or email address.
15.2 The Customer acknowledges that information transmitted through the
Internet or any other communication system,
including wireless communication system, is susceptible to unlawful access,
distortion and monitoring and that the Customer
uses the APS at its own risk.
15.3 The Customer should comply with the security tips as published on the
website from time to time.
16. USE OF THE APS OUTSIDE SOUTH AFRICA
When the Customer uses the APS outside the South African monetary area, such
use will be subject to certain exchange control regulations and it is the
Customer’s duty to become aware of the contents of those regulations, and to
comply with them.
17. CESSION AND DELEGATION
The Customer may not cede or assign or otherwise make over or dispose of any of
the Customer’s rights or obligations in terms of these terms and conditions
without prior written consent of the Service Provider and the Bank.
18. NO WAIVER
If the Service Provider and/or the Bank, for any reason or purpose, does not
immediately enforce or implement any of the Service Provider and/or the Bank’s
rights in terms of these terms and conditions, it does not mean that the
Service Provider and/or the Bank has abandoned or waived any of those rights.
19. ADDRESSES AND E-MAIL COMMUNICATIONS
19.1 The Customer’s physical address as provided by the Customer to the Service
Provider is the address (Dom cilium citandi et
executandi) which the Customer chooses as the address where any process of
court may be served on the Customer (‘domicile
addresses). The Customer’s mail address (be it
residential, postal or electronic) will be used
to forward statements, notices or other
19.2 If the Customer moves to another physical address, changes the mail
address or wish to give the Service Provider any
notice, the Customer must inform the Service Provider in writing Service
Provider’s Dom cilium citandi et executandi.
19.3 Only physical addresses within the Republic of South Africa may be used.
19.4 Notices given by the Service Provider will be regarded as having been
received by the Customer:
19.4.1 by e-mail to the Customer’s e-mail address, at the time of transmission;
19.4.2 by hand, on the date of delivery;
19.4.3 by telefax, at the time of transmission;
19.4.4 by SMS, at the time of transmission.
19.5 An e-mail message will be deemed to be sent:
19.5.1 by the Customer, at the time at which the Service Provider is capable of
accessing such message;
19.5.2 by the Service Provider, at the time shown on the message as having been
sent, or if not so shown, at the time
shown on the Service Provider’s computer system as having been sent.
19.6 An e-mail message is deemed to be received:
19.6.1 by the Customer once it becomes capable of being retrieved by the
19.6.2 by the Service Provider, once the Service Provider has confirmed receipt
thereof to the Customer, or responded
thereto, whichever is the earlier.
19.7 An e-mail message shall be attributed:
19.7.1 to the Customer, if it purports to have originated from the Customer,
irrespective of the fact that someone
else may have impersonated the Customer or whether the message sent to the
Service Provider resulted from an
error or malfunction in the communication system;
19.7.2 to the Service Provider, if it has been sent by a duly authorized
representative and such
representative acted within the scope
of such authority or by an automated system programmed by
the System Provider and such system
operated without error or malfunction.
20. CONSENT TO JURISDICTION
The Customer hereby consents in terms of section 45 of the Magistrates’ Courts
Act, 32 of 1944, that any legal proceedings, which have to do with this
agreement, may be instituted in any magistrate’s court which (in terms of
section 28 of the Magistrates’ Courts Act) has jurisdiction over the Customer.
21. LEGAL COSTS
21.1 The Customer will be liable for all legal costs, which will include but
not be limited to:
21.1.1 legal costs on the so-called attorney and client scale (that is all the
disbursements made by the attorney
briefed by the Service Provider, including all cost of any advocate instructed
by him, as on brief, and the cost of
the professional services rendered by the attorney to the Service
21.1.2 collection charges and tracing fees; and
21.1.3 Value-added Tax (VAT) thereon, which the Service Provider may incur in
recovering or attempting to recover
moneys which the Customer owes the Service Provider.