Terms and conditions (cont)

Standard terms and conditions of business

Introduction

These terms and conditions will apply to all training services (including bookings, engagements with, attendance or use of a seminar, conference, workshop, online learning services, online profile or other similar service or product hosted, offered, organised or to be hosted, offered, or organised by Mediant Solutions Pty Ltd or any of its representatives and marketed as such (‘the service’ or ‘the event’).

Definitions

“Agreement” means these terms and conditions, the invoice, the purchase order, the offer letters, and the client’s acceptance of the offer letters.
“Profile” means Internet Identity with Mediant Solutions Pty Ltd.
Mediant Solutions Pty Ltd is a company with registration number 2015/218956/07 and principal place of business at 22 Hummingbird crescent Astonbay 6332.

Events

Bookings, Confirmations and Effective date

All clients are required to make a booking online for any required service or event hosted.
Once a booking has been made, an invoice will be generated and sent to the client.
The contract of service (‘the booking’) will be in force and deemed to be effective once payment has been made to and received by Mediant Solutions Pty Ltd.
If a client has booked an event but does not receive a confirmation 7 (seven) working days prior to the Event date, it is the responsibility of the client to contact Mediant Solutions Pty Ltd on 082 412 5568 or pieter@mediant.co.za and follow-up on the booking.
Venues, times, topics, presenters, programme offerings, and online schedules are subject to change without notice and are determined solely at the discretion of Mediant Solutions Pty Ltd.
All clients must provide true and correct contact and notice details. Clients must notify in writing the Mediant Solutions Pty Ltd of any change in contact information or notice address.
The price of the event will be the price displayed on the event page.
Mediant Solutions Pty Ltd cannot be held liable if a client fails to receive important or relevant communique from Mediant Solutions Pty Ltd because they, the client, failed to provide or notify Mediant Solutions Pty Ltd of their change of address or contact information.

Payments

Payment for an invoice can be made in any of the following manner:
- By electronic funds transfer (EFT), bank details available on all our invoices; or
- By credit/debit card using the payment facility on the Mediant Solutions Pty Ltd; or
- By instant EFT payment on Mediant Solutions Pty Ltd website.
- Clients should not wait for payments to reflect; clients must affect payment and provide a proof of payment to Mediant Solutions Pty Ltd ( pieter@mediant.co.za) to have their funds allocated in a timely manner.
Payment for bookings must be made no later than 48 (forty-eight) hours prior to the event.
No client will be permitted entrance to the event without proof of payment having been received in advance or presented to a Mediant Solutions Pty Ltd staff member on the day. For late registrations, full payment must be made at the venue via EFT and proof of payment provided to staff member. No cash, cheque, credit, or debit card payments will be accepted.
EFT Payments:
- It is the responsibility of the client to verify the banking details of Mediant Solutions Pty Ltd.
- To verify the bank details please contact ( pieter@mediant.co.za)
- Once a payment has been made, clients must submit proof of same, clearly stating the invoice number that appears on the invoice.
- Proof of payment should be emailed to ( pieter@mediant.co.za)
Credit Card Payments:

Ensure that you verify your credit card on your profile and your bank before proceeding to pay with your credit card.
You will receive notification that your payment was successful. If, for whatever reason, the credit/debit card payment failed, you will also be notified and will be instructed on how to proceed.

Event bookings cancellations and refunds:

Event cancellations by Mediant Solutions Pty Ltd

The event may be cancelled by Mediant Solutions (Pty) Ltd without prior notice. In this circumstance the client has the option to attend the live webinar or watch the recording of the event online or transfer the booking to another event.
The client shall not be entitled to receive a refund of the event fee except in circumstances where:
- There was an overbooking by Mediant Solutions (Pty) Ltd; or
- The event was cancelled by Mediant Solutions (Pty) Ltd

Cancellations by the Client

Clients wishing to cancel an event booking must send a written cancellation notice to pieter@mediant.co.za
Telephonic cancellations will not be accepted.
No cancellation fee shall be levied by Mediant Solutions (Pty) Ltd on cancellation of a booking for reasons of serious illness, hospitalisation, or death.

Cancelling a paid invoice:

Should a client cancel a confirmed booking, being a webinar or seminar, Mediant Solutions Pty Ltd reserves the right to charge a cancellation fee, unless the event is cancelled within 7 (seven) working days of the original confirmation of the event.
All cancellations must be done in writing and sent via email to pieter@mediant.co.za from the email address the client registered with on Mediant Solutions Pty Ltd website.
No telephonic cancellations will be accepted.
The following cancellation fees will be charged:
- 10 (ten) or working days before the event = 100 % refund of the paid invoice.
- Less than 3 (three) working days before the event = no refund.
Any refunds due will be made within 30 (thirty) days after written receipt of the cancellation of an event in writing.
- Confirmation of the bank details, either a bank statement or on company letterhead, for the account into which the refund must be paid, must be sent via email to pieter@mediant.co.za

Unpaid Invoices

Upon confirmation of an event, Mediant Solutions Pty Ltd reserves the right to charge a Penalty fee unless the event is cancelled within 3 (three) working days of the original confirmation of the event with a request in writing via email to pieter@mediant.co.za from the email address the client registered with on Mediant Solutions Pty Ltd website.
If a client fails to cancel the booking as set out above, he/she will be liable for the full payment. Once paid, a recording of the event will automatically be made available via the client’s profile page as a courtesy from Mediant Solutions Pty Ltd.

Online Courses:

Payments and cancellations:

All required minimum payments must be made by direct EFT or by credit card before the commencement of a course. The once-off payment is required to be paid before the course start date.
Proof of payment can be sent to pieter@mediant.co.za.
Proof of payment may also be requested before access to the online platform will be communicated, should your payment not reflect on Mediant Solutions Pty Ltd bank account.
Only written notice of cancellation will be accepted.

Substitutions

Clients are entitled to substitute bookings that have been confirmed.
Only written substitution requests will be considered.
Telephonic requests for substitution will not be accepted.
A request for substituting a client for another must be submitted to Mediant Solutions Pty Ltd in writing 24 (twenty-four) hours before the date of the event.
No late substitution requests will be considered.
Requests for substitution must be sent to pieter@mediant.co.za

Transfers

Requests for the transfer of a booking must be made in writing to Mediant Solutions Pty Ltd.
Requests for transfers must be sent to pieter@mediant.co.za
Telephonic transfers will not be accepted.
No charges will be levied for a transfer.

VAT

The services provided by Mediant Solutions Pty Ltd are VAT inclusive in accordance with Section 12 of the Value Added Tax Act, 1991. As such, VAT will be charged on invoices for our services.

Limitation of Liability

In no event shall Mediant Solutions Pty Ltd be liable for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
Mediant Solutions Pty Ltd and the Client hereby indemnify each other against damage to tangible property, whether personal or real, and death or injury to persons to the extent caused by the negligence of the other party.
The Client understands and accepts that Mediant Solutions Pty Ltd consistently develops its training courses in line with evolving best practices. Mediant Solutions Pty Ltd reserves the right to make changes to the published and/or advertised course content in connection with its training services without prior notice to the Client.

Intellectual Property

All intellectual property rights, including copyright, patents and design arising in connection with this Agreement shall belong to and remain vested in Mediant Solutions Pty Ltd and the client shall execute any document necessary for this purpose.

Force Majeure

Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
In the unlikely event of the above, Mediant Solutions Pty Ltd will endeavor to reschedule at a mutually convenient date and/ or venue and Mediant Solutions Pty Ltd will not be liable for any loss or expenses caused to the Client.

Domicilium

The Client designates the address furnished by him/her in their online profile as its domiciliumcitandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
Mediant Solutions Pty Ltd designates the address 22 Hummingbird Crescent Astonbay 6332 as its domiciliumcitandi et executandi (“domicilium”) for any notice/s, the serving of any process and for any other purposes arising from this Agreement.

Entire agreement

This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements, and representations whether written, oral or implied between the Client and Mediant Solutions Pty Ltd relating to the Services.
Any amendments to this Agreement shall be in writing and signed by both parties.

Governing Law and Jurisdiction

The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.
The parties agree to the jurisdiction of the Magistrate’s Court in relation to any legal proceedings which may result from the Agreement, provided that Mediant Solutions Pty Ltd is entitled in its discretion to institute any such legal proceedings in any other competent court.

Costs

In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, the infringing party shall be liable for:
- Tracing agent fees (if required).
- Fees, disbursements, and expenses to which the debt collector is entitled in terms of the Debt Collectors Act.
- Collection Commission will be charged on an instalment paid to the debt collector or paid directly to the aggrieved party following handover of the matter to the debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney to enforce his/her rights (including the right to receive payment), the infringing party shall be liable for:
- Tracing agent fees (if required).
- The attorney’s costs on an attorney and own client scale.
- Collection Commission will be charged on an instalment paid to the attorney or paid directly to the aggrieved party following handover of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.

You authorize us, subject to any applicable laws, to –

Access from credit bureau who are members of the Credit Bureau Association and subscribe to its Code of Conduct (“credit bureau”) your personal information concerning financial risk and payment habits (“payment profile”) for purposes of fraud prevention and debtor tracing, and to disclose information regarding your payment profile to such credit bureau.
Obtain capture, store, analyse and use for our marketing purposes your viewing habits and profile.
Use information that we may have in relation to you for the purposes of:
- Processing your request.
- Administering the service.
- Informing you of any new aspects of the service or services provided by our affiliates.
- Informing you of promotional competitions; and
- Notifying you of a General Amendment.
Disclose your personal information:
- To companies affiliated with us for purposes of marketing their services (subject to your right to refuse such disclosure of your personal information).
- To any company which acquires our business or any part thereof, or which we acquire.
- To agents, representatives, or service providers which we appoint to process your request, administer the service, or provide customer management services.
- To our payment system providers to facilitate the collection of your fees using payment systems owned and operated by third parties; or
- If, and to the extent that we are required to do so, to comply with any Applicable Law; and
- Retain your personal information referred to in this clause for as long as we are required to do so in terms of Applicable Laws or to exercise or protect any of our rights.
It is your responsibility to ensure that the information which you provide to us is complete, accurate and up to date