TERMS AND CONDITIONS


To make this Agreement easy to read and understand, please take note of the following definitions which will be used throughout the Agreement:

1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.8.1
1.8.1.1
1.8.1.2
1.8.1.3
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36

This clause sets out the objectives of the Agreement and summarises what EFTPOS will provide the User with and what the User will receive (i.e. the Merchant Terminal and related EFTPOS Services) as a result of the conclusion of the Agreement.
2.1
2.2
2.3
2.4
2.5
2.5.1
2.5.2
2.5.3

This section sets out how the Merchant Terminal and EFTPOS Services operate and when they will be available for use. In addition this sectionsets out what the User has to do (its responsibilities) so that the Merchant Terminal operates efficiently.
3.1
3.2
3.3
3.3.1
3.3.2
3.3.3
3.3.4
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.15.1
3.15.2
3.15.3
3.15.4
3.15.5
3.15.6
3.16
3.17

This clause describes what the User must do if he will sell Value Added Services and Prepaid Services such as prepaid airtime from the Merchant Terminal,.
4.1
4.1.1
4.1.1.
4.1.1.1
4.1.1.2
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
4.2
4.2.1
4.2.2
4.2.2.1
4.2.2.2
4.3

This clause sets out how long the Agreement will operate for, commonly known as the duration or term of the Agreement. Please look at the Application Form to find out when the Agreement starts and when it will end.
5.1
5.2
5.2.1
5.2.2
5.2.2.1
5.2.2.2
5.3
5.3.1

This clause details what the User will pay to EFTPOS in respect of the rights to use of the Merchant Terminal and the EFTPOS Services as well as our right to debit your banking account.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.9.1
6.9.2
6.9.3
6.10
6.11
6.12
6.13
6.13.1
6.13.2
6.13.3
6.13.4
6.13.5
6.13.6
6.14
6.15
6.16
6.17
6.18

This clause describes the results of any failure of the Merchant Terminal to operate and what EFTPOS and the User must do to rectify such failure.
7.1
7.2
7.3
7.4

.
8.1
8.1.1
8.1.2
8.2

Standard Warranty:

9.1
9.2
9.3
9.4
9.5
9.5.1
9.5.2
9.6
9.6.1
9.6.2
9.6.3
9.6.4
9.7

10.1EFTPOS is under no obligation to accept the return of goods, which it may do so within its own discretion and upon terms and conditions to be agreed upon between the parties, except if User has a right in terms of any consumer law to return goods.

This clause sets out that the Merchant Terminal is used by the User and the End User at their own risk, unless the loss is caused by EFTPOS's gross negligence or as a result of a defective Merchant Terminal which has been caused solely by EFTPOS and is to be read in conjunction withclause 10 of the Application terms and conditions.
11.1
11.1.1
11.1.2
11.1.3
11.1.4
11.1.5
11.1.6
11.1.7
11.1.8
11.1.9
11.2
11.3
11.4
11.5
11.6
11.7

This clause sets out the procedure, which must be followed when a Transaction irregularity is experienced.
12.1
12.2
12.3
12.4
12.4.1
12.4.2
12.4.3
12.4.4
12.4.5
12.4.6
12.5
12.6
12.7
12.8
12.9
12.10

This clause states that the User should take out insurance to cover all the risks, excluding reasonable wear and tear, which it may be exposed to under this Agreement, including the costs to insure and where necessary to replace any stolen or damaged Merchant Terminal which EFTPOS refuses to replace and/or repair.
13.1
13.2

This clause records that both parties are independent and will never be seen as employees or partners of each other.
14.1
14.2
14.3

This clause prohibits the User from using any competitive Merchant Terminal, EFTPOS Services or Service Provider which provision EFTPOS confirms is not anti-competitive but is designed to protect the interests of both the User and EFTPOS.
15.1
15.2
15.3

Where any EFTPOS Service cannot be provided or the Merchant Terminal accessed and used as a result of an event beyond the party's control, the parties will be excused from such performance.
16.1

This clause details where various notices and communications by one party to the other must be sent to.
17.1
17.2
17.3
17.4
17.4.1
17.4.2
17.4.3
17.4.4

The parties are under a legal duty to protect the others personal information.
18.1
18.2
18.3
18.4
18.5

This clause details the party's' respective rights when the one party does not comply with the terms of the Agreement.
19.1
19.1.1
19.1.2
19.1.3
19.1.4
19.1.5
19.1.6
19.1.7
19.1.8
19.2
19.3
19.4

This clause details what will happen when EFTPOS cancels the Agreement.
20.1
20.1.1
20.1.2
20.1.3
20.1.4

This clause tells you which Court must be approached should the party elect to sue the other.
21.1
21.2

This clause prevents the Parties from transferring this Agreement to another.
22.1
22.2

This section states that where the User is a company or legal entity, the person who signs the agreement on behalf of the legal entity will be held responsible for the payment of all amounts due to EFTPOS, should the User fail to pay these amounts. This is known as a surety undertaking.
23.1
23.2
23.2.1
23.2.2
23.2.3
23.2.4
23.2.5
23.2.6
23.3
23.4
23.5
23.6
23.7
23.8
23.9

The general clauses, which are important, are found under this section, so read them carefully.
24.1
24.2
24.3
24.4

A waiver is the voluntary relinquishment or surrender of some known right or privilege. While a waiver is often in writing, sometimes a person's actions can act as a waiver. This clause allows a party where he has surrendered a right, to still rely on that right later on.
25.1

This clause states that no promises or legal statements were made which induced the User to conclude the agreement with EFTPOS.
26.1

This sets out how the Agreement will be interpreted and where certainclauses can be separated from the main agreement which have been found to be unlawful.
27.1
27.2
27.3

This clause sates that all amounts are exclusive of VAT.
28.1

This clause states that the User and EFTPOS must comply with all the laws of South Africa.

Annexure B - Terms Governing Use of the EFTPOS Service


1.1

2.1

3.1

4.1
4.2

5.1
5.2
5.3
5.4

6.1
6.2
6.3

7.1

8.1

9.1

10.1

11.1
11.2

12.1
12.2
12.3

13.1

14.1

15.1

16.1
16.2
16.3
16.4
16.5

17.1
17.2

18.1

19.1

20.1
20.2
20.3
20.4

21.1

22.1
22.2
22.3

23.1

24.1
24.2
24.3

25.1
25.2

26.1
26.1.1
26.1.2

27.1
27.2

28.1

29.1
29.2
29.3
29.4

30.1
31.1

32.1 If your Merchant Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the EFTPOS Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Eftpos shall not be liable to you or any third party for termination of access to the EFTPOS Services or for deletion of your information or account data.

33.1
33.2
33.3

34.1

35.1

36.1