Terms of Use

Welcome to the Overdue Invoice Register website (an initiative of Sustainability of SMEs NPC) (“OIR website”).

Notice: Your use of this website beyond the home page constitutes acceptance of the Terms of Use. These Terms of Use apply to the OIR website.

Sustainability of SMEs NPC is a non-profit company (“the NPC”).

Any persons utilising this website are considered User(s) of this website in these Terms of use.

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

Please read the following information carefully before using this website. By accessing or using the website, you acknowledge that you have read, understood, and agree to the OIR website Terms of Use. If you do not agree with the Terms of Use, do not use this website. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time. Please check the Terms of Use each time you visit our website for the most current information.

Use of the Website

By accessing any Services via the OIR website, you warrant and represent that you are legally entitled to do so and that you have the requisite capacity to conclude a legally binding agreement with Sustainability of SMEs NPC (“the NPC”). You further warrant that you will not use the OIR website, services, or any information made available to you by the NPC pursuant to your use of the website for any purpose that is unlawful or prohibited under South African or international law or in any way that is in contravention of these Terms of Use.

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.

Privacy

Please review the OIR Privacy and Data Processing Policy to understand our practices. By using the OIR website, you agree that we may use the information you provide in accordance with the terms of our Privacy Policy.
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.

International Use

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.

Notices

The address for service of any notices or communication relating to these Terms of Use including the giving of any notice, the payment of any sum, or the serving of any legal process, is:

info@overdue-invoice-register.org.za

The NPC shall be entitled to vary its email address for service to any other email address, by giving notice to you by way of updating these Terms of Use.

Indemnification

You agree to reimburse the NPC, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from your violation of these Terms of Use.

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: info@overdue-invoice-register.org.za
• 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.
• Privacy policy of the NPC in respect of personal information: Please review the OIR Privacy and Data Processing Policy to understand our practices.
• 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.

Framing

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.

General

These Terms of Use constitute the sole record of the agreement between you and the NPC in relation to the subject matter hereof. Neither you nor the NPC shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the NPC in respect of the subject matter hereof. No indulgence or extension of time which either you or the NPC may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

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.