Welcome to the Overdue Invoice Register website (an initiative of Sustainability of SMEs NPC) (“OIR website”).
Sustainability of SMEs NPC is a non-profit company (“the NPC”).
Objectives of the OIR website
The OIR website’s objective is to support SMEs by providing a platform to highlight the impact of overdue invoices by Late Payers on SME Suppliers. The OIR website consists of a registry of information of the overdue invoices provided by the SME Supplier (“SME user”). The information is submitted by a SME user and de-identified (all identifying data points removed), aggregated and then collated with the other OIR submissions which then makes up the Late Payer information. This platform and its registry of information are the Services being provided by the NPC to the SME user (“the Services”).
Acceptance of the terms
Use of the Website
While you are on the OIR website or are using or accessing our Services, we may collect certain data about your use of the site. By accessing or viewing any of our website, you understand that we will be collecting this data. If you do not want us to collect data about you, then do not access our website.
The NPC at all times performs its functions in accordance with the Protection of Personal Information Act 4 of 2013 and other data privacy legislation of the Republic of South Africa.
By accepting these terms and conditions, you expressly acknowledge, agree and consent to the using your information to –
- record, process, continuously maintain and update the information you have provided;
- validate and verify the information provided by you at the NPC’s discretion and against any relevant source;
- make the information provided by you, available to the OIR’s Users to meet the objectives of the OIR website as set out above.
At no point is your company or personal data ever exposed publicly. The only data used is de-identified (all identifying data points removed), aggregated and then mixed in with all the other OIR submissions to meet the objectives of the OIR website.
Submission of Data to the NPC
- When submitting any information to the NPC, whether directly or indirectly, the SME user shall ensure that all information reported to the NPC is accurate, up-to-date, relevant, complete, valid and not duplicated.
- The SME user shall under no circumstances submit the following information to the NPC –
- information in respect of an overdue invoice that has prescribed in terms of the Prescription Act, No. 68 of 1969;
- disputed information – that is information relating to an outstanding amount that had been disputed by a Late Payer prior to the date of the submission of the disputed adverse information. For purposes of this obligation, “disputed” refers to any instance where it can be proven that a Late Payer had communicated to the SME user an uncertainty around being liable for the whole or part of the relevant overdue invoice, whether or not through the institution of legal proceedings.
- The SME user will fully and timeously co-operate with the NPC’s requests for credible evidence relating to a report of a Late Payer’s failure to pay an invoice when that report has been challenged by the Late Payer.
- The SME user warrants that all information it provides in respect of a Late Payer is correct and through its submission indemnifies the NPC against any claims which may arise against the NPC as a consequence of incorrect information being supplied by it.
Late Payer Contact Submission
Should a Late Payer wish to contact us and raise a query they may do so by completing the “contact us” form at https://overdue-invoice-register.org.za/contact-us/. We will then revert to the Late Payer in respect of such query within a reasonable time.
Disclaimer of Warranties and Liability
The NPC cannot be held liable for the information that is supplied by the SME users against a Late Payer. At most, the NPC can request the SME user to ensure the correctness of the information it submits in respect of a Late Payer, ensure payment has not been made and further to attempt to resolve the overdue invoice directly with the Late Payer, prior to such Late Payer submitting the overdue invoice to the OIR website. Furthermore, in the event that payment is subsequently made the SME user will bear the responsibility to update the OIR website with such information.
This OIR website, including all content, information, products or services made available to you or, or accessed through the OIR, is provided to you “as is”. Use of the OIR website, the content and the services are at your own risk.
Neither the NPC nor its suppliers make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the OIR website and its Services including information pertaining to the Late Payer.
Neither the NPC nor its suppliers make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the website, the content or its Services including information pertaining to the Late Payer. The NPC and/or its suppliers do not assume any responsibility for any errors, omissions or inaccuracies in the website, the content or the services.
The NPC and its directors shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the OIR website and/or any information contained on or received via the website, your use of the Late Payer information and/or your reliance on any information offered via the OIR website.
Without limiting the generality of the aforegoing, neither the NPC nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatsoever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website. You hereby indemnify the NPC and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
The Services, including information pertaining to a Late Payer, are provided for informational purposes only and are not intended to provide any advice to you. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the website and, in any event, prior to making any decisions based on such content.
You are advised that the NPC reserves the right, in its sole discretion, to withdraw or terminate its Services including information pertaining to a Late Payer provided on its website for any reason, at any time and without incurring loss or penalty.
Policy on Links to the OIR website
You are given a limited, non-exclusive right to create a hypertext link to the website (www.overdue-invoice-register.co.za). However, you may not portray the NPC or any of its services in a false or offensive manner. Also, you may not misrepresent your relationship with the NPC or imply that the NPC sponsors, endorses, or is affiliated with your website or products. You may not replicate, modify, or alter the appearance or content of this website. You may not use, frame, or utilize framing techniques to enclose any NPC Trademarks or any of the content of this website. Except as stated above, you are not given any other right or license to (i) the content of this website or (ii) any intellectual property or proprietary rights of the NPC. This limited linking right may be taken away from you at any time at our discretion.
Policy on Links to Third Party Websites
This website may contain links to third party websites. The NPC does not represent, guarantee, or endorse any website that you may access from this website. In addition, if we provide a link to a website, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this website are provided solely as a convenience to you. When you access such a website, please understand that the linked website and its content are not under our control. The NPC is not responsible for web casting or any other form of transmission received from any linked websites. You are responsible for protecting your system from viruses and other invasive items. When visiting external links you must refer to those site’s external terms and conditions of use.
Unsolicited Idea Submission Policy
When you provide us with comments, suggestions, or ideas (collectively “Feedback”), such Feedback is not considered confidential and becomes the property of the NPC. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
Because you can access this website internationally, you agree to follow all local rules regarding the internet, data, e-mail, and privacy. You specifically agree to follow all laws that apply to transmitting technical data exported from South Africa or the country of your residence.
Consumer Protection Information
In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), your attention is drawn to the following:
- Full name and legal status: Sustainability of SMEs NPC, a non-profit company incorporated in accordance with the laws of the Republic of South Africa
- Registration number: 2006/026642/08
- Place of registration: Johannesburg, South Africa
- Registered physical address: 387 Jan Smuts Avenue Craighall
- Email address: firstname.lastname@example.org
- Physical address for receipt of legal service of documents: 387 Jan Smuts Avenue Craighall
- Description of the main characteristics of the service/s offered by the NPC through the OIR website: As per the objective of the OIR website
- Terms of the agreement: The terms of the agreement between yourself and the NPC is governed by these terms. The NPC makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof.
- Time within which the service/s will be delivered: As soon as is reasonably possible.
- Membership / Affiliations: The NPC does not form part of any associations and is not legally bound to do so.
Copyright, Trademarks and Intellectual Property Rights
Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the website (collectively “the Materials”) are owned by the NPC, alternatively the NPC is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the Materials or any component thereof for your own internal purposes.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the NPC. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the NPC.
No person, business or website may frame the OIR website or any of the pages on this site in any way whatsoever.
Crawlers and Spiders
No person, business or website may use any technology to search and/or gain information from the OIR website without its prior written consent.
The NPC shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the South Gauteng Local Division of the High Court of South Africa in respect of any disputes arising in connection with the Services referred to herein, or the terms or any matter related to or in connection therewith.