1.1 DEI Management CC
trading as TAXtalk (“TAXtalk”) has the exclusive right within the Republic of
South Africa to market and sell any/all services created by TAXtalk and/or
relating to the websites http://www.etaxes.co.za
and http://www.taxtalk.co.za (“the website”).
1.2 TAXtalk has the
exclusive right within the
1.3 TAXtalk has the
exclusive right within the
2. Monthly and Annual Subscribers
2.1. Subscription to
TAXtalk is for a minimum of one (1) year. Subscribers have the option of a
Monthly Subscription fee of R50.00 (incl Vat) or an Annual Subscription fee
of R600.00 (Incl Vat). This entitles the subscriber to:
R600.00 (incl Vat) entitles the subscriber to:
2.1.1 Unlimited access
to the websites http://www.etaxes.co.za and
www.taxtalk.co.za, including restricted
areas, offering unique tax articles, seminar notes and select tax publications,
all in electronic format, commencing after acceptance of this agreement and once
TAXtalk receives the form specifying a username and password for the website.
2.1.2 Quarterly Editions
of TAXtalk Magazine, posted to the subscriber for as long as the publication
is in production, of which the first magazine will be the next published after acceptance
of this agreement. TAXtalk cannot be held liable for the subscriber providing
incorrect details for postage.
2.1.3 Delivery of the
TAXtalk Magazine within a period of 14 business days from the date of
distribution
2.1.4 An additional monthly subscription in
the event a subscriber does not receive their TAXtalk Magazine within one
month after the distribution date of that issue.
2.1.5 Weekly TAXtalk Newsletters,
for the period of a year, sent to the subscriber’s preferred email address,
commencing the week following acceptance of this agreement. TAXtalk cannot be
held liable for subscribers providing incorrect email addresses.
2.2 TAXtalk ensures
that the services outlined in 2.1 above shall be implemented for the benefit of
the subscriber within 30 working days after receipt of the subscriber’s online
registration form, provided that any information required from the subscriber
in order to effect subscription is forthcoming within the time periods
requested.
3. Payment:
3.1 By accepting the
online Terms and Conditions upon registration hereof, the subscriber requests,
instructs and authorizes TAXtalk to draw against the subscriber’s bank account
(in accordance with the details provided in the debit order section of the
online registration) or any other bank or branch to which the subscriber may
transfer their account, the sum of R 50.00 (fifty Rand) (VAT incl.), being the
amount necessary for payment of the monthly subscription, due in respect of
this agreement, on and around the first day of each and every month commencing
on the day of receipt of this instruction and continuing for the duration of
the agreement (as the case may be). All such withdrawals for the subscriber’s
bank account shall be treated as though they had been signed by the subscriber
personally.
3.2 The authorized debt
order withdrawals will be processed by computer through a
system known as
the ACB Magnetic Tape Service. Details of each withdrawal will be printed on
the subscriber’s bank statement or on an accompanying voucher.
3.3 Monthly Debit order
subscriptions may be cancelled by giving TAXtalk thirty days written notice. A
cancellation fee amounting to the balance of the one (1) year subscription fee
will be due by the subscriber for early cancellation.
3.4 Subscribers shall
not be entitled to any refund of amounts which TAXtalk has withdrawn while the
debit order authority was in force if such amounts were legally owing to the
subscriber. Receipt of this instruction by TAXtalk shall be deemed to constitute
a receipt thereof by the subscriber’s bank.
3.5 It is the
responsibility of the subscriber to inform TAXtalk of the cancellation of a
debit order within the cancellation period as per the cancellation policy. Failure
to do so will result in the subscriber being held liable for any bank charges
relating to the debit order instruction and/or rejection and/or cancellation fees
resulting from returned debit orders.
4. Cancellation:
4.1. Notwithstanding
anything to the contrary contained in these Terms and Conditions, the Subscriber and TAXtalk will be
entitled to unilaterally terminate this agreement at any time, by providing the
other party with one calendar month’s written notice of such termination.
4.2. This agreement will
automatically be renewed at the end of the period for a further period of a
year, and will continue to do so, annually, until written termination is given by
either party.
4.2.1 Monthly subscribers
can give 30 days cancellation notice after a period of one (1) years subscription
to TAXtalk.
4.3. Each of the Parties
consent to the jurisdiction of the Witwatersrand Local Division of the High Court
of the
4.4. Any indulgence
which any of the parties may grant to each other in terms of, or pursuant
hereto, shall not constitute a waiver of any of the rights of the Party which
granted such indulgence.
4.5. Each of the parties
to this Agreement shall be entitled to unilaterally cede all right, title and interest
under this Agreement to any party of their choice, provided such cessionary is
placed with the benefits no better and obligations no more onerous than
provided for herein. Any such cession shall be evidence by way of notice in
writing to the other party, without requiring the consent of such other party.
4.6. An automated
subscription form is to be completed by the subscriber online which will then
be emailed directly to TAXtalk for processing. A subscriber reference number, username
and password will be emailed to the subscriber within 48 working hours from the
time that TAXtalk receives the subscription that has been initiated online.
4.7. TAXtalk cannot be
held liable for technical issues beyond its control that delay the timeous distribution
of electronic newsletters and access to the TAXtalk website. TAXtalk will
endeavor to ensure that the subscriber receives all outstanding newsletters in
the event of delays occasioned by technical problems.