Service Agreement – Terms & Conditions
entered into between
SOUTH AFRICAN YACHTIES CLOSE CORPORATION
(Registration Number 2007/242547/23)
1.1. In this agreement, unless the context indicates otherwise:
1.1.1. “Applicable Law” means the common law and statutory law applicable in South Africa, including any present or future constitution, decree, judgment,
legislation, measure, requirement, order, ordinance, regulation, statute, treaty, directive, rule, guideline, practice, concession or request issued by any relevant
authority, government body, agency or department or any central bank or other fiscal, monetary, regulatory, self-regulatory or other authority or agency, which
is applicable to this agreement and the Parties;
1.1.2. “Business Day” means any day other than a Saturday, Sunday or statutory public holiday in South Africa, on which commercial banks are generally open
for business in South Africa;
1.1.3. “Client” means _______________________________________________________________, (Identity Number _________________________________);
1.1.4. “Collection Account” means the bank account to be indicated by the SA Yachties in writing from time to time and into which payments by the Client will
1.1.5. “Consular Authority” means the official representative in the Republic of South Africa of the government of different sovereign state;
1.1.6. “CPA” means Consumer Protection Act, 2008 (Act No. 68 of 2008);
1.1.7. “Effective Date” means the Signature Date;
1.1.8. “Event of Default” means any one or more of the events of default stipulated in Annexure A;
1.1.9. “Intellectual Property Rights” means patents (being registered patents and patent applications), trade secrets, confidential documents, concepts, plans,
ideas, artwork, copy, photographs, drawings, specifications, reports, trademarks (whether registered or not), service marks, logos and marketing copyright,
designs, technical know-how, specifications and data, product and product development, systems, statistics, methods, plans, software and information
systems, programmes, intellectual property, tools, licensing arrangements or any other confidential or secret commercial, marketing, technical and/or
financial information, held, owned or operated under licence by SA Yachties;
1.1.10. “Parties” or “Party” means all the signatories to this Agreement or any one of them as the context indicates;
1.1.11. “SA Yachties” means SOUTH AFRICAN YACHTIES CLOSE CORPORATION, (Registration Number 2007/242547/23);
1.1.12. “Services” means the services rendered by SA Yachties to the Client as set out in clause 4 below;
1.1.13. “Service fee” means the service fee paid by the Client to SA Yachties in exchange for SA Yachties providing the Services, which service fee is set out in
Annexure C below;
1.1.14. “Signature Date” means the date on which this agreement has been signed by the Parties by the last party signing;
1.1.15. “VAT” means value-added tax at the applicable rate in terms of the Value Added Tax Act, 89 of 1991; and;
1.1.16. “ZAR” means South African Rands, the lawful currency of South Africa.
1.2 Words importing the singular shall include the plural and vice versa, words importing any gender shall include the other gender/s and words importing persons shall include partnerships and bodies corporate.
1.3 The head notes to the paragraphs to this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
1.4. This agreement shall be binding on and enforceable by the permitted assigns or liquidators of the parties as fully and effectually as if they had signed this agreement in the first instance and reference to any party shall be deemed to include such party’s permitted assigns or liquidators, as the case may be.
1.5. If any provision in clause 1 is a substantive provision conferring rights or imposing obligations on any party, then notwithstanding that such provision is contained in such clause, effect shall be given thereto as if such provision were a substantive provision in the body of the agreement.
1.6. Where any term is defined within the context of any particular clause in this agreement, the term so defined shall, unless it appears clearly from the clause in question that such term has limited application to the relevant clause, bear the meaning ascribed to it for all purposes in terms of this agreement, notwithstanding that such term has not been defined in this clause 1.
1.7. When any number of days is prescribed in this agreement, they shall be reckoned inclusive of the first and exclusive of the last day.
1.8. Should the day for payment of any amount due in terms of this agreement fall on a day which is not a Business Day, the relevant day for payment shall be the succeeding Business Day, provided that should the succeeding Business Day fall within the next month, the relevant date for payment shall be the preceding Business Day.
1.9. Save as provided in clause 1.8, should the day for the performance of any obligation in terms of this agreement fall on a day which is not a Business Day, then such obligation shall be performed on the immediately following Business Day.
1.10. Expressions defined in this agreement shall bear the same meanings in any annexure which does not contain its own definition of the same expressions.
1.11. Any reference to this agreement or any other agreement or document shall be construed as a reference to this agreement or such other agreement or document (as the case may be) as each may have been or may, from time to time, be amended, varied, novated or supplemented.
1.12. Any reference in this agreement to legislation or subordinate legislation is to such legislation or subordinate legislation at the Signature Date hereof and as amended and/or re-enacted from time to time.
1.13. The rule of interpretation that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
1.14. In this agreement references to the term “include” and “including” shall be interpreted as meaning “include without limitation” and “including without limitation”.
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