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Every possible effort will be made by the PropertyMix Website team to ensure that
our clients (subscribers) are given our best attention and service at all times.
We are customer driven and will do our utmost to ensure your repeated business,
however our rights are reserved under the following terms and conditions:
THIS AGREEMENT is between PropertyMix and the online individual or company applying
for online property advertising services, the CLIENT (or CLIENTS). The CLIENT agrees
to an online, paperless subscription. The CLIENT acknowledges that all the information
that is submitted online is true and correct to the best of his/her knowledge. The
CLIENT agrees that the act of submitting his subscription form online is in lieu
of his/her signature.
SERVICE PROVISION: PropertyMix agrees to provide online property advertising and related services to the CLIENT, subject to the following terms and conditions. CONTENT LIABILITY AND INDEMNIFICATION: The CLIENT acknowledges that PropertyMix does not govern or take any responsibility for the content of the CLIENT'S pages or for the security of the CLIENT'S password. The CLIENT warrants that it has all rights necessary to lawfully submit any information or materials that it is uploading or transmitting to PropertyMix, including all intellectual property rights. The CLIENT agrees to indemnify PropertyMix against actions brought by a third party as a result of such material or information, or as a result of the CLIENT'S use in any way of the Services provided by PropertyMix. ONCE OFF PAYMENT SUBSCRIBERS AND FREE SUBSCRIBERS Advertisements that have run for their duration will automatically be de-activated and CLIENT’S must at their own discretion reactivate their Advertisements by re- subscribing. Advertisements that have been de-activated for approximately one month may be deleted entirely from the system. It will be in the best interests of CLIENTS to deactivate their own Advertisements once their property has been sold or leased to prevent unnecessary enquiries. Our fee structure may change from time to time without prior warning but this should not affect CLIENTS who have already paid an upfront fee for a subscription period. Any information and guidance notes will be made available to Private Seller and Renter CLIENTS only as information and documentation on this Website is supplied specifically to assist Private Sellers and Renters (Lessors). We will not take liability for the manner in which any of the information is used by subscribers to this Website. We will not be held liable for any issues, legal or otherwise that may occur as a result of any lack of information, error or omission in the information supplied. We will also not be held liable for any lack of information, error or omission which may result in any legal disputes between subscribers and their Purchasers, Lessees or anyone associated with them. At numerous intervals in the information and guidance notes our Private subscriber CLIENTS are referred to links for our Advertisers who may assist them in their field of expertise. It is important to note that we will not be held liable for any action or lack of action incurred by our Advertisers. We also wish to point out that subscribers are under no obligation to use the services of any of our Advertisers and if they do so then this will be entirely at their own discretion. WARRANTIES AND GUARANTEES: PropertyMix makes no warranties or guarantees of any kind, whether express or implied, for the services to be provided hereunder. THE CLIENT agrees that PropertyMix shall not be liable for any losses or damages of any kind to the CLIENT or the CLIENT'S Customer, including, but not limited to, those that may result from service interruption delays or non-deliveries. PAYMENT POLICY: Accounts 30 days past due may be subject to cancellation without notification which may result in deletion of all of the CLIENT'S files, including email, backups, database content and image files. All overdue accounts will be charged interest on a monthly compounding basis. PropertyMix does not issue invoices or statements as normal practice. Any fees relating to extra services ordered by the CLIENT may be deducted by debit order or credit card when it becomes due. PropertyMix only accepts monthly payments made via debit order or credit card. PAYMENT VIA DEBIT ORDER: THE CLIENT agrees that submission of bank account information to PropertyMix constitutes authorisation by the CLIENT for PropertyMix to debit the specified bank account for all fees owed by the CLIENT to PropertyMix. The debit orders normally run on the 1st day of each month. (This may vary depending on public holidays and weekends.) The first time the debit order runs, it will normally include a pro-rata advertising fee if applicable. The debit order system closes on the last day of each month. All updates should reach us by the 25th of each month. The CLIENT is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge the CLIENT as a result of the CLIENT having insufficient funds at the time the debit order is presented. Should a debit order be returned due to insufficient funds being available, PropertyMix shall be entitled to charge a collection fee of R50 plus VAT for the collection of outstanding fees. ADMINISTRATION FEE: PropertyMix will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined. The administration fee is currently R50 plus VAT. The administration fee is subject to change without notice. CREDIT: No credit will be passed in any form. No credit will be passed for inactive or unused advertising accounts. SUSPENSION AND UNSUSPENSIONS OF ACCOUNTS: The CLIENT'S services will be suspended due to a debit order, credit card or cheque payment being returned or declined. No notice will be issued of PropertyMix’s intent to suspend a site. PropertyMix will not be held responsible for any damages, losses or claims as a result of a site being suspended. Unsuspensions may take one or more working days. The CLIENT is still charged the advertising fee, even while the site is suspended. CLIENT SUPPORT: The CLIENT is entitled to email or telephonic support free of charge. THE CLIENT'S DATA: PropertyMix shall make a reasonable effort to protect data for the CLIENT on a regular basis. PropertyMix is not responsible nor liable for the CLIENT'S files. PropertyMix makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost. THE CLIENT is solely responsible for their independent backup of data stored on PropertyMix’s server and website. PropertyMix does not backup mail. PropertyMix will not be held responsible for the age of the data on the backup. The data's age could vary in age from one to thirty days. PropertyMix is not responsible for the transfer of files from an existing service provider to PropertyMix’s servers when the CLIENT transfers hosting providers. VIRUS SCANNING OF WEBSITE: PropertyMix does not offer ANY GUARANTEES as to the effectiveness of this service and will not be held liable for any damage the CLIENT may suffer as a result of receiving a virus. Virus protection remains the CLIENT'S responsibility. CONFIDENTIAL ACCOUNT INFORMATION: The CLIENT hereby gives PropertyMix permission to: Perform a credit check on the CLIENT'S credit profile with one or more of the registered Credit Bureaus when assessing the CLIENT'S application for services Monitor the CLIENT'S payment behaviour by researching their profile at one or more of the Credit Bureaus. Use new information and data obtained from Credit Bureau in respect of the CLIENT'S future service applications. Record the existence of the CLIENT'S account with the Credit Bureau. Record and transmit details of how the CLIENT has performed, and how the account is conducted by the CLIENT in meeting their obligations on the account. COMPANIES AND CLOSED CORPORATIONS: In the event of the CLIENT being Company or a Closed Corporation, then the directors or members do hereby bind themselves jointly and severally as surety and co-principal debtor unto and in the favour of PropertyMix for the value of the account in favour of the CLIENT. LITIGATION AND ATTORNEY'S FEES: In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Randburg, South Africa and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs and attorney's fees. ENTIRE AGREEMENT: This represents the complete agreement and understanding between PropertyMix and the CLIENT with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. ACCEPTANCE OF TERMS: Use of PropertyMix’s services constitutes acceptance of the terms and conditions contained in this agreement and any amendments thereto. I agree to the above Terms & Conditions - take me back to the subscription form  |
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