Company Registration

A company may be registered with or without a company name. When a company is registered without a name, its registration number automatically becomes the company name. Such a company may transact with a trading (business) name or may apply to add a reserved name at a later stage.

A company registration is R125 for both private company and non-profit companies registered without members. A private company must have at least one (1) director and a non-profit company must have a minimum of three (3) directors. A successful company registration transaction automatically comes with a tax registration number.

Name Reservation

You may apply for between 1 and 4 proposed names during an application process, which costs R50. If your name reservation application is not approved, you will need to apply for new names at another cost of R50.

REQUIREMENTS

1.            Van Zyl Connections currently only caters for South African ID holders.

2.            A 3D Secure cheque or credit card that is enabled for online transactions through PayFast or Payment EFT before we commence with application.

3.            A list of up to four (4) proposed names for your company.

4.            For director verification you need to have all directors’ identity documents/cards and marriage certificates. Possible verification questions are:

o             Date of issue of the identity document or card

o             Marriage date, as recorded by the Department of Home Affairs

o             Spouse’s ID number

CIPC TERMS & CONDITIONS

1.Definitions

“annual return” means an annual return provided for in terms of section 173 of the Companies Act, 1973 (Act No. 61 of 1973), Close Corporations Act, 1984 (Act No. 69 of 1984) and the Companies Act, 2008 (Act No. 71 of 2008);

“browser” means a computer program which allows a person to surf the internet and access websites;

“CIPC” means the Companies and Intellectual Property Commission;

“CIPC account” means the virtual account created by CIPC for a customer on the CIPC website following registration by such customer via the “Customer Registration” facility;

“CIPC Bank Account” means the bank account held by CIPC at ABSA Bank;

“CIPC website” means all the sites on the World Wide Web controlled and/or owned by CIPC;

“content” means, include but not limited to, software and material;

“customer” means a visitor who is –

(a)registered with the CIPC via the “Customer Registration“ facility on the CIPC website; walk-in centres and partner offices; and

(b)transacts with CIPC via the CIPC website; and

but are not limited to, the special categories “customers”, “company secretaries” and “banks”;

“data” means electronic and manual representations of information in any form;

“discontinue service” means the withdrawal of the offering or functionality of a service in part or in total;

“ECT” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

“fee” means a fee which has been determined in regulations under the various acts under administration by CIPC which is indicated on the CIPC website. Provided that in the event of a possible discrepancy between fees quoted on such website and the relevant regulations, due to possible human or software error, the fee concerned as stipulated in the regulations will prevail;

“forums” means, including but not limited to, bulletin boards, chat rooms and other public areas found on the CIPC website;

“internet use” means both external clients and internal officials who have access and use internet facilities;

“material” means, including but not limited to, text, submissions, images, audio and/or video in whole or in part;

“office hours” means period between 07:30 and 16:00 from Monday to Friday, excluding public holidays, weekends and CIPC recess periods;

“privacy statement” indicates how CIPC will respect the privacy of its website users;

“service” includes but are not limited to, the disclosing of information or submission of an application or form via any of the authorised CIPC transaction or enquiry channels for which a fee may or not be  payable;

“signature” means any traditional or electronic signature authorised by CIPC in terms of the Companies Act, 71 of 2008 which include but is not limited to:

(a)Biometrics e.g. finger print verification;

(b)One time pins; or

(c)Customer code login;

“software” means, including but not limited to, any images or files incorporated in or generated by the software or data accompanying such software;

“submissions” means, including but not limited to, notes, images, creative materials, ideas, suggestions, concepts, communication, documents, applications or forms including any data, questions, comments and other information submitted via any of CIPC authorised channels including but not limited to its website via transmission by electronic mail, electronic data or otherwise; and

“visitor” means a person who uses and/or accesses computer software and/or material via any of the CIPC channels including but limited to is website.

2.Service conditions and delivery

(1)service is available anywhere in the world with the following provisos:

(a)the CIPC website is accessible;

(b)the Payment Gateway can process the card transaction; and

(c)the method of delivery is online or to an email address.

(2)CIPC strives to make the CIPC website available all the time, but there are eventualities beyond CIPC control that has an impact on the availability of the website.

(3)CIPC services provided through partners like banks and SST sites are dependent on the availability of such partner(s).

(4)Disclosures and submissions requiring no intervention from CIPC officials can be requested or submitted at any time when the relevant CIPC channel is available.

(5)Submissions or requests that require intervention by CIPC Officials may also be submitted at any time that the relevant CIPC channel is available, but internal processing will only be performed during office hours. For purposes of calculating the service delivery service, the first day of submission is not counted. The service delivery count only commences the first working day after the day of the submission.

(6)All services rendered by CIPC are exempted from Value Added Tax (VAT).

(7)The delivery mechanism and delivery events are as follow:

(a)Online disclosure:

i.Disclosures are done online and can send an email copy to the customer’s email address, (if supplied), as an option.

ii.The service is considered rendered when the disclosure report has been successfully written to the customer’s browser.

(b)Electronic submission of forms:

CIPC will attempt to send an email containing the result of an electronically submitted document or form (in the format of a letter and possibly a certificate) to the customer if a valid email address is available on the system.

(8)CIPC reserves the right to :–

(a)introduce new services;

(b)discontinue services;

(c)restrict services rendered over the Internet to selected customers or selected groups of customers; and

(d)refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or customer.

(9)When requesting services such as the maintenance of company or close corporation registration details, CIPC reserves the right to refuse the customer access to a specific service if the customer does not have a mandate and/or properly registered at CIPC to perform the action.

(10)CIPC reserves the right to amend its definition of a properly registered mandate and to apply different criteria in deriving, determining or establishing the mandate, depending on the type of service requested.

3.Hyperlinks, framing, spiders and crawlers

(1)No person, business or website may –

(a)link to any page on this site without the prior written permission of CIPC;

(b)frame this site or any of the pages on this site in any way whatsoever; or

(c)use any technology to search and gain any information from this site without the prior written permission of CIPC.

4Intellectual Property and restrictions on use

(1)The CIPC website consists of content which is derived entirely or in part from content supplied by CIPC.

(2)The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.

(3)A visitor or customer may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material.

(4)Any information, content or material on CIPC website and/or channels can be used, transmitted or distributed for private or personal purposes.

(5)Notwithstanding subparagraph (4), the use of information, content or material from CIPC website or channels for business and/or commercial purposes must be used and/or distributed only if such use, transmission and/or distribution is part of the service provision to client(s), and use, distribution and/or transmission of such information, content and/or material must be limited to that specified client(s).

(6)Requests for permission regarding use of any contents which fall within the ambit of the limitations stated above can be made by contacting CIPC in writing at:

LEGAL SERVICES

PO BOX 429

PRETORIA

0001

(7)A visitor or customer is also strictly prohibited from creating works and/or software materials derived from or which are based on the contents found on this site.

(8)The prohibition referred to in subparagraph (6) applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.

(9)The website contains material which is owned by or licensed to CIPC. This material includes, but not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited in terms of the South African copyright and trade mark laws, international trade marks and copyright laws and conventions.

(10)All trademarks reproduced on the CIPC website, which are not the property of, or licensed to CIPC, are acknowledged accordingly.

5.Access and availability of service and links

(1)CIPC contains links to other related Internet sites.

(2)No inference or representation can be made implying that CIPC is connected with, operates or controls those linked websites.

(3)Whether or not those linked sites are in fact affiliated with CIPC, CIPC is not responsible for the content on the aforesaid sites.

(4)The linked sites are for a visitor or customer’s convenience only and such visitor or customer’s access thereto is at his/her own risk.

(5)When visiting linked sites, a visitor or customer must refer to that linked site’s individual terms of use and cannot rely on the terms of this agreement.

6.Submissions / bulletin boards

(1)Any submission shall be deemed to be and remain the exclusive property of CIPC, and all visitors and customers agree to this stipulation.

(2)The contents found in various forums held on the CIPC website, shall be deemed to remain the exclusive property of CIPC.

(3)CIPC has the right, but not the obligation to monitor and review submissions submitted by visitors or customers in the forums.

(4)CIPC shall not be responsible for any of the content of those forums.

(5)CIPC further reserves the right to delete, move or edit submissions that, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trade Mark laws or otherwise objectionable.

7.Rules of conduct for the visitor and customer

(1)A visitor or customer with the inclusion, but not the limitation, of the definition, agrees that he/she will not transmit submissions to the CIPC website that –

(a)use any of the forums for illegal purposes;

(b)are for spamming and/or malicious intent;

(c)restrict or inhibit any other visitor or customer from using and enjoying the forums;

(d)are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;

(e)violate any Intellectual Property rights of any other person by the submission of the content to CIPC website through the forums or other avenues, which allow for such submissions. A visitor or customer by the transmission of content in any manner whatsoever, represents to CIPC that they are the rightful owner of such content transmitted or that the visitor or customer has obtained permission from the rightful owners to submit such content transmitted;

(f)contain viruses or other harmful content; or

(g)are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

(2)A visitor or customer agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights or any other damages resulting from such a submission.

(3)A visitor or customer further indemnifies and holds CIPC harmless against all claims for any damages whatsoever arising from the use of the CIPC website.

(4)It is a criminal offence in terms of the Companies Act, 71 of 2008 to submit any information that is misleading or has the intention to defraud the CIPC or any other person.

(5)Customers who use services of the CIPC may be held liable for the information and content submitted by them on behalf of themselves or their clients and can therefore be held criminally liable by the CIPC if the information or content is found to be misleading, fraudulent or has the intention to cause harm to others.

8.Damages, warranty, indemnity

(1)A visitor or customer expressly agrees that the use of the CIPC website or channel is at his/her sole risk.

(2)CIPC does not guarantee or warrant that:-

(a)the CIPC website will be uninterrupted;

(b)the CIPC website and/or its content will be default free and that the defects will be corrected;

(c)provisions stated within any Act, will get preference above any content as reflected on the CIPC website;

(d)the information, content or material on CIPC website and channels is accurate, and free of errors;

(e)the servers that make the content available are free from viruses and other harmful content; or

(f)any merchandise provided through the CIPC website.

(3)The CIPC website is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.

(4)Neither CIPC nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website. A customer using the CIPC website acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.

(5)A visitor or customer acknowledges and confirms CIPC indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use CIPC sites.

(6)A visitor or customer acknowledges that the provisions of this paragraph shall apply to all the contents of the CIPC website.

(7)The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.

(8)If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

9.General

(1)This agreement, the terms, conditions and operating rules for the CIPC website, constitute the entire agreement between the parties with respect to the subject matter hereof.

(2)The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

(3)Any dispute arising from these terms and conditions shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa.

(4)The paragraph headings used herein are for convenience only and shall be of no legal consequence.

(5)CIPC may at any time revise these terms and conditions by updating the postings.

(6)A visitor or customer is bound by such revisions and should therefore periodically visit this agreement to review the current terms and conditions to which he/she is bound.

(7)CIPC shall have the exclusive right to change or discontinue any aspect or feature of the CIPC website without prior notice to the visitor or customer.

10.Agreement to and termination of agreement

(1)The use of or access to these CIPC websites and/or channels constitutes a visitor or customer’s acceptance of terms and conditions hereof, which together with CIPC’s Privacy Policy, are binding on such visitor or customer and takes effect on a date which such visitor or customer first makes use of, or access to the CIPC channel or when clicking on the button confirming that he/she has read the terms and conditions before logging into any channel.

(2)If a visitor or customer does not accept all the terms and conditions in full, such visitor or customer must exit the site immediately and not make use of the website.

(3)CIPC has the exclusive discretion to terminate the agreement at any time.

(4)After a visitor or customer has exited the site as aforesaid such visitor or customer must destroy all content, whether materials or software, obtained from the site and all copies thereof.

(5)In the event of a visitor or customer failing to exit the site as aforesaid CIPC has the right to claim any indirect, direct, incidental, special or punitive damages caused to CIPC from such visitor’s or customer’s unauthorised access and/or use of the CIPC website.

(6)A visitor or customer indemnifies CIPC against any claims for damages of whatsoever nature caused to another party by such visitor or customer unauthorised use and/or access of the sites.

11.Electronic Communication Legal Notice

(1)This email including attachments, is confidential, may be privileged and is intended solely for the use of the addressee. If you are not the intended recipient do not disclose, distribute or retain it, and please notify the sender immediately and then delete this email. Email is not necessarily secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. It is your responsibility to ensure that emails are virus free. No one may conclude a contract on behalf of the CIPC via email without express written confirmation by a duly authorised representative of the CIPC. The CIPC accepts no responsibility for any loss or damages arising in any way from the use of this email as a means of communication. Views and opinions expressed in this email are those of the sender unless clearly stated otherwise.

12.Conditions of use and access

(1)In order to make use of CIPC services, a person must register as a customer using the “Customer Registration” facility on the CIPC website. (See business rules for customer registration process on the CIPC website www.cipc.co.za / Register as a customer.

(2)A customer must ensure that all the details provided by him/her for his/her registration are true and correct at all times as CIPC shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. These requirements may change from time to time and it is the responsibility of the customer to regularly update his/her own customer information.

(3)A customer is responsible for securing his/her customer login password and such customer login password may not be disclosed to unauthorised persons, as such customer will be held responsible for all transactions performed with his/her login and password. In cases where CIPC officials assist a customer in creating the login and password details, customers need to ensure that they keep record of that information.

(4)A customer must immediately notify CIPC in writing of any unauthorised use of his/her password or of any other breach of security.

(5)When a person registers as a customer, he/she consents to receiving communications from CIPC electronically.

13.CIPC account or advance pre-payment method

(1)After successful customer registration, a customer may select the type of payment method if multiple payment options are available for such service.  If not, customers must make use of the advance pre-payment method (referred to as the Declining Balance Deposit Mechanism).

(2)If the advance pre-payment method is used the customer must deposit money into his/her CIPC account in the manner determined in paragraph 14.

(3)Whenever a customer requests a service, and the advance pre-payment method is selected or the only method available, the customer’s CIPC account will be checked for sufficient funds to cover the fee for the requested service, prior to the rendering of the requested service.

(4)If no or insufficient funds are available in the customer’s CIPC account, the funds in such account must be replenished by using the payment instruments referred to in paragraph 15.

(5)If sufficient funds are available in the customer’s CIPC account, the fee for the requested service will be deducted from such account immediately and the request will be scheduled for further processing by CIPC.

(6)If the advance pre-payment method is selected or the only payment option available, and there are insufficient funds in the virtual account, CIPC holds the right to reject the submission in its entirety at its own discretion.

14.Payment model for advance pre-payment method

(1)This payment model is also called the Declining Balance Deposit Mechanism.

(2)This model is based on the principle that all prospective customers register as users on the CIPC website.

(3)Logging on as a registered user will provide access to fee and non-fee carrying services on the CIPC website.

(4)Before accessing any fee carrying services on the CIPC website, the user will be required to make a deposit into a virtual account created for him/her by CIPC. (For the various instruments available for depositing funds into the virtual account, refer to Paragraph 15) unless if the virtual account balance is sufficient to cover the cost of the service.

(5)Customers should note that depositing large amounts of money into the organisation’s bank account, and not utilising all the funds in their account over a 1 (one) month period constitutes a breach or contravention of the Banks Act, 1990 (as amended).

(6)In light of the above and the risk this poses to CIPC, customers will only be allowed to deposit amounts which match the volume of transactions to be performed in that month.

(7)A customer can view or print a full record of a transaction that is maintained for a period of one (1) month on the CIPC website.

15.Payment instruments advance pre-payment method

(1)Credit card

No credit card payments will be accepted by CIPC for advance pre-payment method.

(2)Direct deposits

When using the advance pre-payment method, via direct deposits, such option is subjected to the following rules:

(a)The payment must be identified by supplying the customer code in the reference section of the deposit slip or on the electronic transfer – This information will enable CIPC to identify the deposit and allocate it to the correct virtual account;

(b)no transfers must be made from ATM’s as it does not support the supply of the reference number;

(c)No cheque deposits accepted;

(d)The customer’s virtual account will only be updated when CIPC receives confirmation of the deposit by means of an electronic bank statement – This will typically happen on the next working day. Payments made by a customer from a bank other than ABSA, confirmation of payment may take up to 3 (three) working days.

16.Refunds for advance pre-payment method

(1)Deposits into a customer’s CIPC account are refundable, but not transferable.

(2)CIPC shall only refund monies remaining in a customer’s CIPC account upon receiving a written request for a refund, or in cases where the deposited amount is not utilised to perform transactions for the month within which it was deposited.

(3)A customer referred to in subparagraph (2) may apply to CIPC in writing for a refund if he/she –

(a)wishes to terminate his/her registration as a customer; or

(b)is informed that his/her requested service will not be rendered and he/she does not wish to retain the money he/she deposited into his/her CIPC account or the remainder thereof for later use.

(4)If a customer requests the incorrect service, selects the incorrect enterprise for a disclosure, submit the incorrect type of form, supply incorrect information when submitting a form, made a typing error or spelling error, etc. and CIPC renders the service, CIPC shall not be liable to refund the fee concerned.

(5)If the delivery of the rendered service fails without CIPC being aware thereof, CIPC will first be offered the opportunity of delivering the service (produce a confirmation certificate or certificate disclosure) before any claim for credit notes by the customer concerned will be entertained.

(6)No submissions or disclosures can be refunded by CIPC without proof that the submission was unsuccessful due to an error (human or otherwise) attributable to CIPC or proof that the disclosure failed in a substantive way.

(7)Refunding referred to in subparagraph (2) will be done by CIPC within 30 (thirty) days in a manner to be agreed upon between CIPC and the customer concerned.

17.Online Purchase or PAY-AS-YOU-GO payment method

Subject to paragraph 15, the PAY-AS-YOU-GO payment method makes provision for three types of online payment options, namely immediate credit/debit card payments via 3D Secure payment portal, EFT or cash deposit using a payment reference as reference for the payment instead of an customer code as with the advance pre-payment method.

18.Credit/ Debit Cards method for PAY-AS-YOU-GO Model

(1)Where payment is made by credit card, CIPC may require additional information in order to authorise and/or verify the validity of payment. Customers warrant that they are fully authorised to use the credit card supplied for purposes of paying for services. Customers also warrant that the credit card has sufficient funds to cover all the costs incurred as a result of the services used on any of the CIPC channels.

(2)CIPC only accept Visa and Master credit cards.  American Express and Diners Club cards have been excluded as payment methods.

(3)All debit cards will are accepted. Please note that in order to make the payment for services by debit card, you have to be linked to an internet banking system.

(4)Any challenges with the online payment must be referred to the support service of your bank.

(5)Any dispute concerning the funds withdrawal or crediting of funds to your bank card must first be referred to CIPC before a credit card is chargeback by your bank.

(6)Only 3D Secure/Secure Code technology enable cards will be accepted. If your bank has no appropriate certificate to use this technology, your payment via the payment system will not be processed.

19.Security Policy for “Pay-as-you-go” Model

(1)Payment by credit or debit card is made through the website of the electronic payment system. Security of payments through payment portal is ensured by Secure Sockets Layer protocol (SSL) used for confidential information transmission from a customer to the payment portal server for further processing. Further transmission of information is carried out via the closed banking networks which are practically impossible to penetrate.

(2)The processing of confidential customer information (credit card numbers, cardholder, expiration date etc.) is done in the processing center of the bank that is contracted to provide services to CIPC. Thus, nobody, not even a seller, can receive the customer’s personal and credit card data, including information on his/her purchases.

(3)The safety of the payment procedure is ensured by traffic encryption (SSL).

Features of payment via Visa Electron and Master cards:

(4)Customers must make sure that card has a CVV2 (CVC2) code, located on the back of your card.

(5)All transactions are encrypted using appropriate encryption technology.

20.Refunds for PAY-AS-YOU-GO payment method

(1)For any refunds, customers need to submit a written application to CIPC together with a scanned copy of the owner of the card by logging an online ticket via www.cipc.co.za/ enquiries. The amount of money paid for the service will be refunded.

(2)It is important to note that customers will only be refunded in the event that CIPC is unable to provide the required services. In case of payment by banking card, the amount of money due to you will be refunded to your card.

21.Agreement of sale for all payment methods

(1)The agreement of sale, whereby CIPC can proceed to deduct the fee concerned from a customer’s CIPC account in order to render the requested service, is concluded at the time when and place where the CIPC receives such customer’s acceptance.

(2)Acceptance referred to in subparagraph (1) will occur at the moment the customer selects the “Proceed with request” option.

(3)Receipt by CIPC referred to in subparagraph (1) will occur when CIPC electronically (via the CIPC website) informs the customer concerned that his/her request has been received.

22.Suspension of accounts

(1)CIPC reserves the right to suspend any CIPC customer account if it suspects any corrupt, illegal or fraudulent activity is linked to that CIPC account.

(2)CIPC reserves the right to investigate any suspected corrupt, illegal or fraudulent activity in relation to a customer account, without prior notice and keep such CIPC customer account suspended until the investigation is finalised.

(3)A customer whose account has been suspended has the right to make representations to CIPC, requesting reasons for such suspension of the account and to also provide proof and or reasons for the legitimacy of any suspected illegal, corrupt or fraudulent activity.

(4)CIPC will reactivate a suspended CIPC customer account only once it has been satisfied that no corrupt, illegal or fraudulent activity is linked to that customer account.

(5)CIPC reserves the right to verify any CIPC customer account before reactivating such account.

23.General

(1)A customer may at any time inquire on the progress of his/her request by contacting the CIPC Customer Contact Centre.

(2)If a customer is dissatisfied with the service rendered/not rendered by CIPC, he/she may lodge a complaint by email with the CIPC Customer Contact Centre who will forward such complaint to the business unit concerned within CIPC.

(3)A customer referred to in subparagraph (2) must lodge such a complaint within 14 (fourteen) working days of receiving notice from CIPC that such service was rendered unsatisfactorily or not rendered at all.

(4)If a complaint referred to in subparagraph (2) is not resolved to customer’s satisfaction, the provisions in paragraph 9(3) shall apply.

24.Privacy Statement

(1)CIPC is committed to protecting the privacy of our customers’ personal information. This policy explains how we gather and use the information that we collect from CIPC website located at www.cipc.co.za or any other channel. This policy may change over time. Amendments to this statement will be posted at this URL and will be effective on the date and time it was posted. Your continued use of this site following the posting of any amendment to this Policy shall constitute your acceptance thereof.

Information Collected

(2)As you navigate within our website, we will be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software which records your IP address and tells us what parts of the website you have browsed.

Use of Information

(3)This information is used to enhance your site experience, or to apply special benefits. Your personal information will not be sold to third parties for email marketing or telemarketing campaigns.

(4)The information may be used by CIPC or designated site partners to send you information that we think will be useful to you.

(5)Due to the technology behind the CIPC site, your personal information may also be shared with designated site partners in order to reduce the number of registrations you need to make on the CIPC site. This is an effort to make use of the www.cipc.co.za site more convenient for you.

(6)You may opt-out of receiving future mailings from CIPC and other entities by following the instructions set fourth in the opt-out section below.

(7)Personal information about you, whether obtained through collection or tracking, may be used to contact you again either by online electronic communication (such as email), or by regular mail or telephone. We will also be collecting and tracking information about activities on our website on an aggregate (i.e., group basis). We will not know or keep track of precisely who you are as you use the site. The data is used to track what areas of the site are most frequently used to help us improve the site in the future. When we share such information with other companies, it is not traceable to any particular user and will not be used to contact you again.

(8)Non-personal demographic and profile data is used to tailor your experience on our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

(9)We may share your information (as described above) with our business partners to provide you with products or services that you have requested or to provide you with promotional offers that we believe will be of interest to you. Our business partners include all of our affiliated companies as well as other selected businesses with which we have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting customer information. We may also employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance (including direct and targeted marketing), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but cannot use it for other purposes.

(10)In certain circumstances, we may share your customer information with trusted service providers that need access to your information to provide operational or other support services. We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.

Use of IP Address

(11)We may use your IP Address to help diagnose problems with our server, and to administer our website.

Use of Cookies

(12)When you view our website we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website as easily as possible. We use cookies for remembering user names, to identify users and their preferences, tracking click streams and for load balancing. Because of our use of cookies, we can deliver faster service, consistent, updated results and a more personalised site experience. You have the option of setting your browser to reject cookies. However, doing this will hinder performance and negatively impact your experience on our site.

Children

(13)We do not specifically collect online contact information from children nor do we target or sell products for purchase by children.

Security

(14)This website has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to insure the safety of your personal information.

Other Website Links

(15)This website contains links to other websites. CIPC is not responsible for the privacy practices or the content of such websites. If you want to know the privacy policies of the other websites, please refer to the organisation sponsoring such website.

Consent

(16)By visiting CIPC site, you expressly consent to the collection and use by CIPC of personally identifiable information according to this Privacy Policy.

Choice to Opt Out

(17)You may opt-out of receiving communications from CIPC or our site partners by sending an email to info@cipc.co.za.

Correct / Update

(18)CIPC allows its users the ability to correct or update online information previously provided by the users. Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

25.Contact Us

(1)If you have any questions about the terms and conditions, the practices of this site, or your interactions with this website, you can contact us on www.cipc.co.za/enquiries. Please also send all your technical queries to www.cipc.co.za/enquiries.

COMPENSATION FUND TERMS & CONDITIONS

1.            Introduction

o             These conditions will govern the relationship between the Compensation Fund and the registered user on the Van Zyl Connections service as rendered by the Compensation Fund via the Van Zyl Connections web site.

o             The user acknowledges that they have familiarized themselves with the contents in these Terms and Conditions, that they accept such terms and conditions, and that they are bound by the contents.

o             This Agreement will commence when the Compensation Fund accepts the Users request to subscribe to Service, which acceptance will manifest at that point in time when the Compensation Fund sends the User an activation confirmation the “commencement date”.

2.            Definitions

o             “Consultant” means a person who acts on behalf of a User, an Employer or a company registered with the Compensation Fund;

o             “Compensation Fund” means the Compensation Fund, an organ of the State established in terms of Section 15(1) of Compensation for Occupational Injuries and Diseases Act 130 of 1993 read with Schedule 3 of Public Finance Management Act 1 of 1999 with its registered address located at the Office of the Compensation Fund, 167 Thabo Sehume Street,, Pretoria, 0001, South Africa.

o             “Van Zyl Connections site” means the website through which the Compensation Fund provides the Service.

o             “Employer” means any person, including the State, who employs an employee, and includes-

             (a) any person controlling the business of an employer;

             (b) if the services of an employee are lent or let or temporarily made available to some other person by his employer, such employer for such period as the employee works for that other person;

             (c) a labour broker who against payment provides a person to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker.

o             “Service” means electronic registration and enquiry as well as any other services provided on the Van Zyl Connections site.

o             “Submit” or “submission” means the action whereby the User electronically provides information or documents to the Compensation Fund.

o             “Registration” means the action whereby the User indicates to the Compensation Fund that they want to utilize the service.

o             “User” means all persons who access, view, download from, or use the Van Zyl Connections site whether on the Internet, mobile device or kiosk. “Users” includes “Employers”.

o             “Writing” means the act or process of producing and recording words in a form that can be read and understood and shall include e-mails, facsimile, e-registered or registered post;

o             An expression which denotes:

o             any gender includes the other genders;

o             a natural person includes a juristic person and vice versa;

o             the singular includes the plural and vice versa.

3.            Application

o             These Terms and Conditions shall apply to all Users and becomes binding between the Compensation Fund and a User immediately upon the User accessing, viewing or using the Service or its contents.

4.            Electronic Communications

o             When a User visits the Van Zyl Connections website or sends an e-mail to the Compensation Fund, that user consents to receiving communications from the Compensation Fund electronically and agrees that all agreements, statements. bills, notices, disclosures and other communications sent by the Compensation Fund satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be “in writing” with the same legal stature as a written document.

o             The User accepts and acknowledges that, once the Employer is registered on Van Zyl Connections, the Compensation Fund will cease to send the Employer statements or Return of Earnings forms via manual postal delivery.

5.            Intellectual Property Rights And Domain Name Use

o             All intellectual property rights in all materials and software made available through the Van Zyl Connections Service or site are owned by the Compensation Fund or a third party, or alternatively the Compensation Fund is the lawful user thereof, and are protected by both South African and international intellectual property right laws. The User agrees not to do anything that may infringe the Compensation Fund’s’ intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material and shall comply with all laws applicable to any intellectual property rights (including without limitation trade secrets, copyright, trademarks, registered designs, and patents) in respect of any data, files and/or information accessed, retrieved or stored by the User through the User’s use of the Van Zyl Connections Service.

o             The User warrants that it will not use the Van Zyl Connections Service in any way that will infringe any person’s intellectual property rights, and that it recognises and uses any service in accordance with the Compensation Fund’s intellectual property rights. The User is prohibited from using the trademarks, logos, brand names, domain names or other marks of the Compensation Fund or Van Zyl Connections.

6.            Compensation Fund Consultant

o             Where the User registers on behalf of an Employer and uses the service on behalf of such Employer, or acts as a consultant of such Employer, then the User warrants that they have obtained a written mandate from such Employer, which mandate will contain at least the following conditions:

             The User acts as a duly authorised consultant on behalf of the Employer;

             The Employer and the User are jointly and severally liable towards the Compensation Fund for all claims that the Compensation Fund might have in terms of this agreement against the Employer and/or the User, and;

             The User has disclosed the contents of this agreement to the Employer.

o             Where a User registers, invites or authorises access to another person or third party, then such User warrants that they are jointly and severally liable towards the Compensation Fund for all claims that the Compensation Fund might have in terms of this agreement against the Employer and/or the User for all actions performed by such other person or third-party.

7.            User Name and Password

o             During registration by the User on the Van Zyl Connections site, the User will create a unique username in such format as the Compensation Fund may determine from time to time.

o             Unless otherwise specified, the User must change the initial password to a unique password of choice when requested to do so and/or when the Van Zyl Connections Service is accessed for the first time.

o             The User undertakes to ensure that the username and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.

o             The User undertakes to report any actual or attempted unauthorised access to the Compensation Fund, without delay, via the Van Zyl Connections call centre and provide the Compensation Fund with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the Compensation Fund reserves the right to deactivate the user name and/or password without further notice.

o             The Compensation Fund may at its sole discretion and for whatever reason, require a User to change their username and/or password from time to time and the User undertakes to unconditionally comply with such a requirement.

o             The Compensation Fund may temporarily or permanently suspend a User’s access to the Van Zyl Connections Service in the event that the User abuses, commits or attempts to commit any form of fraud or undesirable activity, or the Compensation Fund detects any potential threat by the User on the Van Zyl Connections site.

8.            Duties of the Compensation Fund

o             The Van Zyl Connections Service will provide access to monthly account statements and inform Users when a new statement or bill is made available on the Van Zyl Connections site.

o             The Employer remains liable for payment of contributions and the failure to provide a notification or statement to the Employer or User does not negate this liability.

o             The Van Zyl Connections Service will provide facilities to register employers, submit information and provide an on-line enquiry facility.

9.            Disputes

o             The User will refer any dispute that may arise out of this Agreement to the Van Zyl Connections call centre, who will attempt to resolve the dispute through settlement, negotiation or mediation.

o             If the dispute has not been resolved within 10 (ten) business days after it was referred to the Van Zyl Connections call centre, the User may refer the dispute to the Compensation Fund’s legal department, or if payment related to the Chief Financial Officer of the Compensation Fund.

o             Any person who in connection with a claim for compensation in terms of this Act, or in any return, notice, report or statement to be given, made or furnished in terms of this Act, makes or causes to be made any statement which is false in a material respect, knowing it to be false, shall be guilty of an offence.

10.         Refund Policy

o             Payments for contributions are non refundable. In the event that a user makes an erroneous payment or in the event that a user wishes to dispute any payment already processed then the Employer must log a dispute with the Compensation Fund Finance department.

o             No refunds will be processed via the Van Zyl Connections service.

11.         Information and Privacy

o             The User acknowledges that they are solely responsible for the accuracy and correctness of all information submitted to the Compensation Fund.

o             The Compensation Fund understands that the information provided by the User or Employer to the Compensation Fund (the “information”), includes private and sensitive information. The Compensation Fund will, save for the circumstances as set out in this clause 12, not share any such information with any third party without the prior consent of the User or Employer.

o             The Compensation Fund will only disclose the information to a third party:

             to perform the Service;

             if the Compensation Fund is required by law or court order to disclose the information; and/or

             if legislation or a government Act provides for such disclosure.

o             The Compensation Fund will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 2 (two) years after submission of information if this agreement remains in force for longer than 2 (two), whichever might be the case.

o             Although the Compensation Fund will take all reasonable measures to ensure that the information will not be compromised, the User and Employer acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.

12.         Use of User Information by the Compensation Fund

o             The Compensation Fund may distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the service.

o             The Compensation Fund will be entitled in its sole discretion, and without notice, to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.

o             The Compensation Fund may provide online, mobile communication methods, and e-mail communications to the user on matters pertaining to the service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.

o             The user acknowledges:

             That communications within the Van Zyl Connections Service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;

             The use of User information and the disposal or dissemination thereof shall not constitute invasion of privacy by the Compensation Fund.

13.         Use of Van Zyl Connections and Software

o             It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, telecommunications lines and access to the Internet and the Van Zyl Connections website and/or download content from Van Zyl Connections.

o             Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies the Compensation Fund against any breach of such license conditions.

o             The Compensation Fund gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.

o             The Compensation Fund hereby grants the User the right to view, download and print the content of the Van Zyl Connections site for the purposes of accessing and using the Van Zyl Connections services, provided that such content is only used by the User for personal, educational or non-commercial purposes. No further reproduction or any form of distribution of the content on the Van Zyl Connections site is permitted.

o             Users may only access and use the Van Zyl Connections Service for the purpose of interacting with the Department and paying for services.

o             The Compensation Fund and its consultants shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of the e=Ekurhuleni Service or information contained within the Van Zyl Connections site.

14.         Unavailability of the Compensation Fund Services

o             The Compensation Fund shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, the Compensation Fund will not exercise its rights in terms of this clause without just cause.

o             The user acknowledges and accepts that the Compensation Fund service may become unavailable from time-to-time due to various circumstances, including:

             technical failure or problems with the Van Zyl Connections service;

             infrastructure or technical problems with third party information technology systems;

             unavailability of telecommunication or electricity department services;

             or other circumstances beyond the control of the Compensation Fund.

o             Without derogating from the provisions of this clause, the user undertakes to limit their potential debt caused by any unavailability of the Service by making use of alternative submission, enquiry and payment methods available to employers.

15.         Changes and Amendments

o             The Compensation Fund expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice to the User:

o             change these Terms and Conditions;

o             change the content and/or services available from Van Zyl Connections;

o             discontinue any aspect of the Van Zyl Connections service; and/or

o             change the software and hardware required to access and use Van Zyl Connections.

o             Any new version of the Terms and Conditions will be displayed on Van Zyl Connections. It is the Users obligation to visit Van Zyl Connections on a regular basis in order to determine whether any amendments have been made to the Terms and Conditions. By accessing Van Zyl Connections, the User will be bound by the latest version of the Terms and Conditions, as published on Van Zyl Connections.

16.         No Warranties or Representations

o             The Terms and Conditions evidences the sole terms and conditions governing the Services.

o             Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the Compensation Fund, its employees, consultants or advisors which are not stated in the Terms and Conditions shall not be valid and enforceable and Users shall not hold the Compensation Fund liable to any such warranty or representation, whether made prior to, during or after concluding the Terms and Conditions.

o             To the extent permitted by law, the Compensation Fund (including its employees, suppliers, Internet service providers, partners, affiliates and consultants) shall not be liable for any damage, loss or liability of any nature incurred by person and resulting from;

             access to Van Zyl Connections;

             access to websites linked to Van Zyl Connections;

             inability to access Van Zyl Connections;

             inability to access websites linked to Van Zyl Connections;

             content available on Van Zyl Connections;

             services available from Van Zyl Connections; and/or

             downloads and use of content from Van Zyl Connections.

o             The Compensation Fund site and Service are provided “as is” and the Compensation Fund makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the a foregoing:-

             the Compensation Fund does not warrant that the website, its contents, any third party content and services, payment or the Services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The Compensation Fund expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and

             whilst the Compensation Fund has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a user’s system.

17.         Governing Law and Jurisdiction

o             These conditions are governed by the laws of the Republic of South Africa.

UIF TERMS & CONDITIONS

1.            These conditions will govern the registration of Employers with the Unemployment Insurance Fund.

2.            All Employers who employ any person and in return provide them with remuneration in either cash or in kind must register with the Fund as soon as they commence activities as an employer.

3.            The reference number provided must be used in all correspondence with the Fund.

4.            The Employer understands that by completing the registration they are bound to declare and pay contributions to the Unemployment Insurance Fund as prescribed by the Unemployment Insurance Act of 2001(Amended).

5.            The Employer is expected to notify the Unemployment Insurance fund in writing of any changes in the registered particulars, or if the employer ceases to be an ‘Employer’.

6.            By using this service the Employer agree to be bound by these terms and that the information furnished are true and correct.

  1. Van Zyl Connections currently only caters for South African ID holders.
  2. A 3D Secure cheque or credit card that is enabled for online transactions through PayFast or Payment EFT before we commence with application.
  3. A list of up to four (4) proposed names for your company.
  4. For director verification you need to have all directors’ identity documents/cards and marriage certificates. Possible verification questions are:
    o Date of issue of the identity document or card
    o Marriage date, as recorded by the Department of Home Affairs
    o Spouse’s ID number
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    CIPC TERMS & CONDITIONS
    1.Definitions
    “annual return” means an annual return provided for in terms of section 173 of the Companies Act, 1973 (Act No. 61 of 1973), Close Corporations Act, 1984 (Act No. 69 of 1984) and the Companies Act, 2008 (Act No. 71 of 2008);
    “browser” means a computer program which allows a person to surf the internet and access websites;
    “CIPC” means the Companies and Intellectual Property Commission;
    “CIPC account” means the virtual account created by CIPC for a customer on the CIPC website following registration by such customer via the “Customer Registration” facility;
    “CIPC Bank Account” means the bank account held by CIPC at ABSA Bank;
    “CIPC website” means all the sites on the World Wide Web controlled and/or owned by CIPC;
    “content” means, include but not limited to, software and material;
    “customer” means a visitor who is –
    (a)registered with the CIPC via the “Customer Registration“ facility on the CIPC website; walk-in centres and partner offices; and
    (b)transacts with CIPC via the CIPC website; and
    but are not limited to, the special categories “customers”, “company secretaries” and “banks”;
    “data” means electronic and manual representations of information in any form;
    “discontinue service” means the withdrawal of the offering or functionality of a service in part or in total;
    “ECT” means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
    “fee” means a fee which has been determined in regulations under the various acts under administration by CIPC which is indicated on the CIPC website. Provided that in the event of a possible discrepancy between fees quoted on such website and the relevant regulations, due to possible human or software error, the fee concerned as stipulated in the regulations will prevail;
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    “forums” means, including but not limited to, bulletin boards, chat rooms and other public areas found on the CIPC website;
    “internet use” means both external clients and internal officials who have access and use internet facilities;
    “material” means, including but not limited to, text, submissions, images, audio and/or video in whole or in part;
    “office hours” means period between 07:30 and 16:00 from Monday to Friday, excluding public holidays, weekends and CIPC recess periods;
    “privacy statement” indicates how CIPC will respect the privacy of its website users;
    “service” includes but are not limited to, the disclosing of information or submission of an application or form via any of the authorised CIPC transaction or enquiry channels for which a fee may or not be payable;
    “signature” means any traditional or electronic signature authorised by CIPC in terms of the Companies Act, 71 of 2008 which include but is not limited to:
    (a)Biometrics e.g. finger print verification;
    (b)One time pins; or
    (c)Customer code login;
    “software” means, including but not limited to, any images or files incorporated in or generated by the software or data accompanying such software;
    “submissions” means, including but not limited to, notes, images, creative materials, ideas, suggestions, concepts, communication, documents, applications or forms including any data, questions, comments and other information submitted via any of CIPC authorised channels including but not limited to its website via transmission by electronic mail, electronic data or otherwise; and
    “visitor” means a person who uses and/or accesses computer software and/or material via any of the CIPC channels including but limited to is website.
    2.Service conditions and delivery
    (1)service is available anywhere in the world with the following provisos:
    (a)the CIPC website is accessible;
    (b)the Payment Gateway can process the card transaction; and
    (c)the method of delivery is online or to an email address.
    (2)CIPC strives to make the CIPC website available all the time, but there are eventualities beyond CIPC control that has an impact on the availability of the website.
    (3)CIPC services provided through partners like banks and SST sites are dependent on the availability of such partner(s).
    (4)Disclosures and submissions requiring no intervention from CIPC officials can be requested or submitted at any time when the relevant CIPC channel is available.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (5)Submissions or requests that require intervention by CIPC Officials may also be submitted at any time that the relevant CIPC channel is available, but internal processing will only be performed during office hours. For purposes of calculating the service delivery service, the first day of submission is not counted. The service delivery count only commences the first working day after the day of the submission.
    (6)All services rendered by CIPC are exempted from Value Added Tax (VAT).
    (7)The delivery mechanism and delivery events are as follow:
    (a)Online disclosure:
    i.Disclosures are done online and can send an email copy to the customer’s email address, (if supplied), as an option.
    ii.The service is considered rendered when the disclosure report has been successfully written to the customer’s browser.
    (b)Electronic submission of forms:
    CIPC will attempt to send an email containing the result of an electronically submitted document or form (in the format of a letter and possibly a certificate) to the customer if a valid email address is available on the system.
    (8)CIPC reserves the right to :–
    (a)introduce new services;
    (b)discontinue services;
    (c)restrict services rendered over the Internet to selected customers or selected groups of customers; and
    (d)refrain from making certain services available on the Internet at its sole discretion without prior notice to a visitor or customer.
    (9)When requesting services such as the maintenance of company or close corporation registration details, CIPC reserves the right to refuse the customer access to a specific service if the customer does not have a mandate and/or properly registered at CIPC to perform the action.
    (10)CIPC reserves the right to amend its definition of a properly registered mandate and to apply different criteria in deriving, determining or establishing the mandate, depending on the type of service requested.
    3.Hyperlinks, framing, spiders and crawlers
    (1)No person, business or website may –
    (a)link to any page on this site without the prior written permission of CIPC;
    (b)frame this site or any of the pages on this site in any way whatsoever; or
    (c)use any technology to search and gain any information from this site without the prior written permission of CIPC.
    4Intellectual Property and restrictions on use
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (1)The CIPC website consists of content which is derived entirely or in part from content supplied by CIPC.
    (2)The content referred to in subparagraph (1) is protected under applicable South African Intellectual Property Acts, Regulations and International Treaties and Conventions.
    (3)A visitor or customer may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material.
    (4)Any information, content or material on CIPC website and/or channels can be used, transmitted or distributed for private or personal purposes.
    (5)Notwithstanding subparagraph (4), the use of information, content or material from CIPC website or channels for business and/or commercial purposes must be used and/or distributed only if such use, transmission and/or distribution is part of the service provision to client(s), and use, distribution and/or transmission of such information, content and/or material must be limited to that specified client(s).
    (6)Requests for permission regarding use of any contents which fall within the ambit of the limitations stated above can be made by contacting CIPC in writing at:
    LEGAL SERVICES
    PO BOX 429
    PRETORIA
    0001
    (7)A visitor or customer is also strictly prohibited from creating works and/or software materials derived from or which are based on the contents found on this site.
    (8)The prohibition referred to in subparagraph (6) applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
    (9)The website contains material which is owned by or licensed to CIPC. This material includes, but not limited to, the content, design, layout, look, appearance and graphics. Reproduction is prohibited in terms of the South African copyright and trade mark laws, international trade marks and copyright laws and conventions.
    (10)All trademarks reproduced on the CIPC website, which are not the property of, or licensed to CIPC, are acknowledged accordingly.
    5.Access and availability of service and links
    (1)CIPC contains links to other related Internet sites.
    (2)No inference or representation can be made implying that CIPC is connected with, operates or controls those linked websites.
    (3)Whether or not those linked sites are in fact affiliated with CIPC, CIPC is not responsible for the content on the aforesaid sites.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (4)The linked sites are for a visitor or customer’s convenience only and such visitor or customer’s access thereto is at his/her own risk.
    (5)When visiting linked sites, a visitor or customer must refer to that linked site’s individual terms of use and cannot rely on the terms of this agreement.
    6.Submissions / bulletin boards
    (1)Any submission shall be deemed to be and remain the exclusive property of CIPC, and all visitors and customers agree to this stipulation.
    (2)The contents found in various forums held on the CIPC website, shall be deemed to remain the exclusive property of CIPC.
    (3)CIPC has the right, but not the obligation to monitor and review submissions submitted by visitors or customers in the forums.
    (4)CIPC shall not be responsible for any of the content of those forums.
    (5)CIPC further reserves the right to delete, move or edit submissions that, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trade Mark laws or otherwise objectionable.
    7.Rules of conduct for the visitor and customer
    (1)A visitor or customer with the inclusion, but not the limitation, of the definition, agrees that he/she will not transmit submissions to the CIPC website that –
    (a)use any of the forums for illegal purposes;
    (b)are for spamming and/or malicious intent;
    (c)restrict or inhibit any other visitor or customer from using and enjoying the forums;
    (d)are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
    (e)violate any Intellectual Property rights of any other person by the submission of the content to CIPC website through the forums or other avenues, which allow for such submissions. A visitor or customer by the transmission of content in any manner whatsoever, represents to CIPC that they are the rightful owner of such content transmitted or that the visitor or customer has obtained permission from the rightful owners to submit such content transmitted;
    (f)contain viruses or other harmful content; or
    (g)are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
    (2)A visitor or customer agrees that he/she shall be solely liable for any damage resulting from any infringement of Copyrights, Trade Marks and other proprietary rights or any other damages resulting from such a submission.
    (3)A visitor or customer further indemnifies and holds CIPC harmless against all claims for any damages whatsoever arising from the use of the CIPC website.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (4)It is a criminal offence in terms of the Companies Act, 71 of 2008 to submit any information that is misleading or has the intention to defraud the CIPC or any other person.
    (5)Customers who use services of the CIPC may be held liable for the information and content submitted by them on behalf of themselves or their clients and can therefore be held criminally liable by the CIPC if the information or content is found to be misleading, fraudulent or has the intention to cause harm to others.
    8.Damages, warranty, indemnity
    (1)A visitor or customer expressly agrees that the use of the CIPC website or channel is at his/her sole risk.
    (2)CIPC does not guarantee or warrant that:-
    (a)the CIPC website will be uninterrupted;
    (b)the CIPC website and/or its content will be default free and that the defects will be corrected;
    (c)provisions stated within any Act, will get preference above any content as reflected on the CIPC website;
    (d)the information, content or material on CIPC website and channels is accurate, and free of errors;
    (e)the servers that make the content available are free from viruses and other harmful content; or
    (f)any merchandise provided through the CIPC website.
    (3)The CIPC website is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.
    (4)Neither CIPC nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this website. A customer using the CIPC website acknowledges that such information and materials may contain inaccuracies or errors and therefore expressly exclude liability for any such inaccuracies or errors.
    (5)A visitor or customer acknowledges and confirms CIPC indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use CIPC sites.
    (6)A visitor or customer acknowledges that the provisions of this paragraph shall apply to all the contents of the CIPC website.
    (7)The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action.
    (8)If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
    9.General
    (1)This agreement, the terms, conditions and operating rules for the CIPC website, constitute the entire agreement between the parties with respect to the subject matter hereof.
    (2)The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
    (3)Any dispute arising from these terms and conditions shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa.
    (4)The paragraph headings used herein are for convenience only and shall be of no legal consequence.
    (5)CIPC may at any time revise these terms and conditions by updating the postings.
    (6)A visitor or customer is bound by such revisions and should therefore periodically visit this agreement to review the current terms and conditions to which he/she is bound.
    (7)CIPC shall have the exclusive right to change or discontinue any aspect or feature of the CIPC website without prior notice to the visitor or customer.
    10.Agreement to and termination of agreement
    (1)The use of or access to these CIPC websites and/or channels constitutes a visitor or customer’s acceptance of terms and conditions hereof, which together with CIPC’s Privacy Policy, are binding on such visitor or customer and takes effect on a date which such visitor or customer first makes use of, or access to the CIPC channel or when clicking on the button confirming that he/she has read the terms and conditions before logging into any channel.
    (2)If a visitor or customer does not accept all the terms and conditions in full, such visitor or customer must exit the site immediately and not make use of the website.
    (3)CIPC has the exclusive discretion to terminate the agreement at any time.
    (4)After a visitor or customer has exited the site as aforesaid such visitor or customer must destroy all content, whether materials or software, obtained from the site and all copies thereof.
    (5)In the event of a visitor or customer failing to exit the site as aforesaid CIPC has the right to claim any indirect, direct, incidental, special or punitive damages caused to CIPC from such visitor’s or customer’s unauthorised access and/or use of the CIPC website.
    (6)A visitor or customer indemnifies CIPC against any claims for damages of whatsoever nature caused to another party by such visitor or customer unauthorised use and/or access of the sites.
    11.Electronic Communication Legal Notice
    (1)This email including attachments, is confidential, may be privileged and is intended solely for the use of the addressee. If you are not the intended recipient do not disclose, distribute or retain it, and please notify the sender immediately and then delete this email. Email is not necessarily secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. It is your responsibility to ensure that emails are virus free. No one may conclude
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    a contract on behalf of the CIPC via email without express written confirmation by a duly authorised representative of the CIPC. The CIPC accepts no responsibility for any loss or damages arising in any way from the use of this email as a means of communication. Views and opinions expressed in this email are those of the sender unless clearly stated otherwise.
    12.Conditions of use and access
    (1)In order to make use of CIPC services, a person must register as a customer using the “Customer Registration” facility on the CIPC website. (See business rules for customer registration process on the CIPC website www.cipc.co.za / Register as a customer.
    (2)A customer must ensure that all the details provided by him/her for his/her registration are true and correct at all times as CIPC shall not be liable for any expenses, costs or damages incurred as a result of incorrect details. These requirements may change from time to time and it is the responsibility of the customer to regularly update his/her own customer information.
    (3)A customer is responsible for securing his/her customer login password and such customer login password may not be disclosed to unauthorised persons, as such customer will be held responsible for all transactions performed with his/her login and password. In cases where CIPC officials assist a customer in creating the login and password details, customers need to ensure that they keep record of that information.
    (4)A customer must immediately notify CIPC in writing of any unauthorised use of his/her password or of any other breach of security.
    (5)When a person registers as a customer, he/she consents to receiving communications from CIPC electronically.
    13.CIPC account or advance pre-payment method
    (1)After successful customer registration, a customer may select the type of payment method if multiple payment options are available for such service. If not, customers must make use of the advance pre-payment method (referred to as the Declining Balance Deposit Mechanism).
    (2)If the advance pre-payment method is used the customer must deposit money into his/her CIPC account in the manner determined in paragraph 14.
    (3)Whenever a customer requests a service, and the advance pre-payment method is selected or the only method available, the customer’s CIPC account will be checked for sufficient funds to cover the fee for the requested service, prior to the rendering of the requested service.
    (4)If no or insufficient funds are available in the customer’s CIPC account, the funds in such account must be replenished by using the payment instruments referred to in paragraph 15.
    (5)If sufficient funds are available in the customer’s CIPC account, the fee for the requested service will be deducted from such account immediately and the request will be scheduled for further processing by CIPC.
    (6)If the advance pre-payment method is selected or the only payment option available, and there are insufficient funds in the virtual account, CIPC holds the right to reject the submission in its entirety at its own discretion.
    14.Payment model for advance pre-payment method
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (1)This payment model is also called the Declining Balance Deposit Mechanism.
    (2)This model is based on the principle that all prospective customers register as users on the CIPC website.
    (3)Logging on as a registered user will provide access to fee and non-fee carrying services on the CIPC website.
    (4)Before accessing any fee carrying services on the CIPC website, the user will be required to make a deposit into a virtual account created for him/her by CIPC. (For the various instruments available for depositing funds into the virtual account, refer to Paragraph 15) unless if the virtual account balance is sufficient to cover the cost of the service.
    (5)Customers should note that depositing large amounts of money into the organisation’s bank account, and not utilising all the funds in their account over a 1 (one) month period constitutes a breach or contravention of the Banks Act, 1990 (as amended).
    (6)In light of the above and the risk this poses to CIPC, customers will only be allowed to deposit amounts which match the volume of transactions to be performed in that month.
    (7)A customer can view or print a full record of a transaction that is maintained for a period of one (1) month on the CIPC website.
    15.Payment instruments advance pre-payment method
    (1)Credit card
    No credit card payments will be accepted by CIPC for advance pre-payment method.
    (2)Direct deposits
    When using the advance pre-payment method, via direct deposits, such option is subjected to the following rules:
    (a)The payment must be identified by supplying the customer code in the reference section of the deposit slip or on the electronic transfer – This information will enable CIPC to identify the deposit and allocate it to the correct virtual account;
    (b)no transfers must be made from ATM’s as it does not support the supply of the reference number;
    (c)No cheque deposits accepted;
    (d)The customer’s virtual account will only be updated when CIPC receives confirmation of the deposit by means of an electronic bank statement – This will typically happen on the next working day. Payments made by a customer from a bank other than ABSA, confirmation of payment may take up to 3 (three) working days.
    16.Refunds for advance pre-payment method
    (1)Deposits into a customer’s CIPC account are refundable, but not transferable.
    (2)CIPC shall only refund monies remaining in a customer’s CIPC account upon receiving a written request for a refund, or in cases where the deposited amount is not utilised to perform transactions for the month within which it was deposited.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (3)A customer referred to in subparagraph (2) may apply to CIPC in writing for a refund if he/she –
    (a)wishes to terminate his/her registration as a customer; or
    (b)is informed that his/her requested service will not be rendered and he/she does not wish to retain the money he/she deposited into his/her CIPC account or the remainder thereof for later use.
    (4)If a customer requests the incorrect service, selects the incorrect enterprise for a disclosure, submit the incorrect type of form, supply incorrect information when submitting a form, made a typing error or spelling error, etc. and CIPC renders the service, CIPC shall not be liable to refund the fee concerned.
    (5)If the delivery of the rendered service fails without CIPC being aware thereof, CIPC will first be offered the opportunity of delivering the service (produce a confirmation certificate or certificate disclosure) before any claim for credit notes by the customer concerned will be entertained.
    (6)No submissions or disclosures can be refunded by CIPC without proof that the submission was unsuccessful due to an error (human or otherwise) attributable to CIPC or proof that the disclosure failed in a substantive way.
    (7)Refunding referred to in subparagraph (2) will be done by CIPC within 30 (thirty) days in a manner to be agreed upon between CIPC and the customer concerned.
    17.Online Purchase or PAY-AS-YOU-GO payment method
    Subject to paragraph 15, the PAY-AS-YOU-GO payment method makes provision for three types of online payment options, namely immediate credit/debit card payments via 3D Secure payment portal, EFT or cash deposit using a payment reference as reference for the payment instead of an customer code as with the advance pre-payment method.
    18.Credit/ Debit Cards method for PAY-AS-YOU-GO Model
    (1)Where payment is made by credit card, CIPC may require additional information in order to authorise and/or verify the validity of payment. Customers warrant that they are fully authorised to use the credit card supplied for purposes of paying for services. Customers also warrant that the credit card has sufficient funds to cover all the costs incurred as a result of the services used on any of the CIPC channels.
    (2)CIPC only accept Visa and Master credit cards. American Express and Diners Club cards have been excluded as payment methods.
    (3)All debit cards will are accepted. Please note that in order to make the payment for services by debit card, you have to be linked to an internet banking system.
    (4)Any challenges with the online payment must be referred to the support service of your bank.
    (5)Any dispute concerning the funds withdrawal or crediting of funds to your bank card must first be referred to CIPC before a credit card is chargeback by your bank.
    (6)Only 3D Secure/Secure Code technology enable cards will be accepted. If your bank has no appropriate certificate to use this technology, your payment via the payment system will not be processed.
    19.Security Policy for “Pay-as-you-go” Model
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (1)Payment by credit or debit card is made through the website of the electronic payment system. Security of payments through payment portal is ensured by Secure Sockets Layer protocol (SSL) used for confidential information transmission from a customer to the payment portal server for further processing. Further transmission of information is carried out via the closed banking networks which are practically impossible to penetrate.
    (2)The processing of confidential customer information (credit card numbers, cardholder, expiration date etc.) is done in the processing center of the bank that is contracted to provide services to CIPC. Thus, nobody, not even a seller, can receive the customer’s personal and credit card data, including information on his/her purchases.
    (3)The safety of the payment procedure is ensured by traffic encryption (SSL).
    Features of payment via Visa Electron and Master cards:
    (4)Customers must make sure that card has a CVV2 (CVC2) code, located on the back of your card.
    (5)All transactions are encrypted using appropriate encryption technology.
    20.Refunds for PAY-AS-YOU-GO payment method
    (1)For any refunds, customers need to submit a written application to CIPC together with a scanned copy of the owner of the card by logging an online ticket via www.cipc.co.za/ enquiries. The amount of money paid for the service will be refunded.
    (2)It is important to note that customers will only be refunded in the event that CIPC is unable to provide the required services. In case of payment by banking card, the amount of money due to you will be refunded to your card.
    21.Agreement of sale for all payment methods
    (1)The agreement of sale, whereby CIPC can proceed to deduct the fee concerned from a customer’s CIPC account in order to render the requested service, is concluded at the time when and place where the CIPC receives such customer’s acceptance.
    (2)Acceptance referred to in subparagraph (1) will occur at the moment the customer selects the “Proceed with request” option.
    (3)Receipt by CIPC referred to in subparagraph (1) will occur when CIPC electronically (via the CIPC website) informs the customer concerned that his/her request has been received.
    22.Suspension of accounts
    (1)CIPC reserves the right to suspend any CIPC customer account if it suspects any corrupt, illegal or fraudulent activity is linked to that CIPC account.
    (2)CIPC reserves the right to investigate any suspected corrupt, illegal or fraudulent activity in relation to a customer account, without prior notice and keep such CIPC customer account suspended until the investigation is finalised.
    (3)A customer whose account has been suspended has the right to make representations to CIPC, requesting reasons for such suspension of the account and to also provide proof and or reasons for the legitimacy of any suspected illegal, corrupt or fraudulent activity.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (4)CIPC will reactivate a suspended CIPC customer account only once it has been satisfied that no corrupt, illegal or fraudulent activity is linked to that customer account.
    (5)CIPC reserves the right to verify any CIPC customer account before reactivating such account.
    23.General
    (1)A customer may at any time inquire on the progress of his/her request by contacting the CIPC Customer Contact Centre.
    (2)If a customer is dissatisfied with the service rendered/not rendered by CIPC, he/she may lodge a complaint by email with the CIPC Customer Contact Centre who will forward such complaint to the business unit concerned within CIPC.
    (3)A customer referred to in subparagraph (2) must lodge such a complaint within 14 (fourteen) working days of receiving notice from CIPC that such service was rendered unsatisfactorily or not rendered at all.
    (4)If a complaint referred to in subparagraph (2) is not resolved to customer’s satisfaction, the provisions in paragraph 9(3) shall apply.
    24.Privacy Statement
    (1)CIPC is committed to protecting the privacy of our customers’ personal information. This policy explains how we gather and use the information that we collect from CIPC website located at www.cipc.co.za or any other channel. This policy may change over time. Amendments to this statement will be posted at this URL and will be effective on the date and time it was posted. Your continued use of this site following the posting of any amendment to this Policy shall constitute your acceptance thereof.
    Information Collected
    (2)As you navigate within our website, we will be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software which records your IP address and tells us what parts of the website you have browsed.
    Use of Information
    (3)This information is used to enhance your site experience, or to apply special benefits. Your personal information will not be sold to third parties for email marketing or telemarketing campaigns.
    (4)The information may be used by CIPC or designated site partners to send you information that we think will be useful to you.
    (5)Due to the technology behind the CIPC site, your personal information may also be shared with designated site partners in order to reduce the number of registrations you need to make on the CIPC site. This is an effort to make use of the www.cipc.co.za site more convenient for you.
    (6)You may opt-out of receiving future mailings from CIPC and other entities by following the instructions set fourth in the opt-out section below.
    (7)Personal information about you, whether obtained through collection or tracking, may be used to contact you again either by online electronic communication (such as email), or by regular mail or
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    telephone. We will also be collecting and tracking information about activities on our website on an aggregate (i.e., group basis). We will not know or keep track of precisely who you are as you use the site. The data is used to track what areas of the site are most frequently used to help us improve the site in the future. When we share such information with other companies, it is not traceable to any particular user and will not be used to contact you again.
    (8)Non-personal demographic and profile data is used to tailor your experience on our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.
    (9)We may share your information (as described above) with our business partners to provide you with products or services that you have requested or to provide you with promotional offers that we believe will be of interest to you. Our business partners include all of our affiliated companies as well as other selected businesses with which we have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting customer information. We may also employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance (including direct and targeted marketing), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but cannot use it for other purposes.
    (10)In certain circumstances, we may share your customer information with trusted service providers that need access to your information to provide operational or other support services. We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.
    Use of IP Address
    (11)We may use your IP Address to help diagnose problems with our server, and to administer our website.
    Use of Cookies
    (12)When you view our website we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website as easily as possible. We use cookies for remembering user names, to identify users and their preferences, tracking click streams and for load balancing. Because of our use of cookies, we can deliver faster service, consistent, updated results and a more personalised site experience. You have the option of setting your browser to reject cookies. However, doing this will hinder performance and negatively impact your experience on our site.
    Children
    (13)We do not specifically collect online contact information from children nor do we target or sell products for purchase by children.
    Security
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    (14)This website has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to insure the safety of your personal information.
    Other Website Links
    (15)This website contains links to other websites. CIPC is not responsible for the privacy practices or the content of such websites. If you want to know the privacy policies of the other websites, please refer to the organisation sponsoring such website.
    Consent
    (16)By visiting CIPC site, you expressly consent to the collection and use by CIPC of personally identifiable information according to this Privacy Policy.
    Choice to Opt Out
    (17)You may opt-out of receiving communications from CIPC or our site partners by sending an email to info@cipc.co.za.
    Correct / Update
    (18)CIPC allows its users the ability to correct or update online information previously provided by the users. Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.
    25.Contact Us
    (1)If you have any questions about the terms and conditions, the practices of this site, or your interactions with this website, you can contact us on www.cipc.co.za/enquiries. Please also send all your technical queries to www.cipc.co.za/enquiries.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    COMPENSATION FUND TERMS & CONDITIONS
  5. Introduction
    o These conditions will govern the relationship between the Compensation Fund and the registered user on the Van Zyl Connections service as rendered by the Compensation Fund via the Van Zyl Connections web site.
    o The user acknowledges that they have familiarized themselves with the contents in these Terms and Conditions, that they accept such terms and conditions, and that they are bound by the contents.
    o This Agreement will commence when the Compensation Fund accepts the Users request to subscribe to Service, which acceptance will manifest at that point in time when the Compensation Fund sends the User an activation confirmation the “commencement date”.
  6. Definitions
    o “Consultant” means a person who acts on behalf of a User, an Employer or a company registered with the Compensation Fund;
    o “Compensation Fund” means the Compensation Fund, an organ of the State established in terms of Section 15(1) of Compensation for Occupational Injuries and Diseases Act 130 of 1993 read with Schedule 3 of Public Finance Management Act 1 of 1999 with its registered address located at the Office of the Compensation Fund, 167 Thabo Sehume Street,, Pretoria, 0001, South Africa.
    o “Van Zyl Connections site” means the website through which the Compensation Fund provides the Service.
    o “Employer” means any person, including the State, who employs an employee, and includes-
     (a) any person controlling the business of an employer;
     (b) if the services of an employee are lent or let or temporarily made available to some other person by his employer, such employer for such period as the employee works for that other person;
     (c) a labour broker who against payment provides a person to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker.
    o “Service” means electronic registration and enquiry as well as any other services provided on the Van Zyl Connections site.
    o “Submit” or “submission” means the action whereby the User electronically provides information or documents to the Compensation Fund.
    o “Registration” means the action whereby the User indicates to the Compensation Fund that they want to utilize the service.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    o “User” means all persons who access, view, download from, or use the Van Zyl Connections site whether on the Internet, mobile device or kiosk. “Users” includes “Employers”.
    o “Writing” means the act or process of producing and recording words in a form that can be read and understood and shall include e-mails, facsimile, e-registered or registered post;
    o An expression which denotes:
    o any gender includes the other genders;
    o a natural person includes a juristic person and vice versa;
    o the singular includes the plural and vice versa.
  7. Application
    o These Terms and Conditions shall apply to all Users and becomes binding between the Compensation Fund and a User immediately upon the User accessing, viewing or using the Service or its contents.
  8. Electronic Communications
    o When a User visits the Van Zyl Connections website or sends an e-mail to the Compensation Fund, that user consents to receiving communications from the Compensation Fund electronically and agrees that all agreements, statements. bills, notices, disclosures and other communications sent by the Compensation Fund satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be “in writing” with the same legal stature as a written document.
    o The User accepts and acknowledges that, once the Employer is registered on Van Zyl Connections, the Compensation Fund will cease to send the Employer statements or Return of Earnings forms via manual postal delivery.
  9. Intellectual Property Rights And Domain Name Use
    o All intellectual property rights in all materials and software made available through the Van Zyl Connections Service or site are owned by the Compensation Fund or a third party, or alternatively the Compensation Fund is the lawful user thereof, and are protected by both South African and international intellectual property right laws. The User agrees not to do anything that may infringe the Compensation Fund’s’ intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material and shall comply with all laws applicable to any intellectual property rights (including without limitation trade secrets, copyright, trademarks, registered designs, and patents) in respect of any data, files and/or information accessed, retrieved or stored by the User through the User’s use of the Van Zyl Connections Service.
    o The User warrants that it will not use the Van Zyl Connections Service in any way that will infringe any person’s intellectual property rights, and that it recognises and uses any service in accordance with the Compensation Fund’s intellectual property rights. The User is prohibited from using the trademarks, logos, brand names, domain names or other marks of the Compensation Fund or Van Zyl Connections.
  10. Compensation Fund Consultant
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    o Where the User registers on behalf of an Employer and uses the service on behalf of such Employer, or acts as a consultant of such Employer, then the User warrants that they have obtained a written mandate from such Employer, which mandate will contain at least the following conditions:
     The User acts as a duly authorised consultant on behalf of the Employer;
     The Employer and the User are jointly and severally liable towards the Compensation Fund for all claims that the Compensation Fund might have in terms of this agreement against the Employer and/or the User, and;
     The User has disclosed the contents of this agreement to the Employer.
    o Where a User registers, invites or authorises access to another person or third party, then such User warrants that they are jointly and severally liable towards the Compensation Fund for all claims that the Compensation Fund might have in terms of this agreement against the Employer and/or the User for all actions performed by such other person or third-party.
  11. User Name and Password
    o During registration by the User on the Van Zyl Connections site, the User will create a unique username in such format as the Compensation Fund may determine from time to time.
    o Unless otherwise specified, the User must change the initial password to a unique password of choice when requested to do so and/or when the Van Zyl Connections Service is accessed for the first time.
    o The User undertakes to ensure that the username and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
    o The User undertakes to report any actual or attempted unauthorised access to the Compensation Fund, without delay, via the Van Zyl Connections call centre and provide the Compensation Fund with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the Compensation Fund reserves the right to deactivate the user name and/or password without further notice.
    o The Compensation Fund may at its sole discretion and for whatever reason, require a User to change their username and/or password from time to time and the User undertakes to unconditionally comply with such a requirement.
    o The Compensation Fund may temporarily or permanently suspend a User’s access to the Van Zyl Connections Service in the event that the User abuses, commits or attempts to commit any form of fraud or undesirable activity, or the Compensation Fund detects any potential threat by the User on the Van Zyl Connections site.
  12. Duties of the Compensation Fund
    o The Van Zyl Connections Service will provide access to monthly account statements and inform Users when a new statement or bill is made available on the Van Zyl Connections site.
    o The Employer remains liable for payment of contributions and the failure to provide a notification or statement to the Employer or User does not negate this liability.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    o The Van Zyl Connections Service will provide facilities to register employers, submit information and provide an on-line enquiry facility.
  13. Disputes
    o The User will refer any dispute that may arise out of this Agreement to the Van Zyl Connections call centre, who will attempt to resolve the dispute through settlement, negotiation or mediation.
    o If the dispute has not been resolved within 10 (ten) business days after it was referred to the Van Zyl Connections call centre, the User may refer the dispute to the Compensation Fund’s legal department, or if payment related to the Chief Financial Officer of the Compensation Fund.
    o Any person who in connection with a claim for compensation in terms of this Act, or in any return, notice, report or statement to be given, made or furnished in terms of this Act, makes or causes to be made any statement which is false in a material respect, knowing it to be false, shall be guilty of an offence.
  14. Refund Policy
    o Payments for contributions are non refundable. In the event that a user makes an erroneous payment or in the event that a user wishes to dispute any payment already processed then the Employer must log a dispute with the Compensation Fund Finance department.
    o No refunds will be processed via the Van Zyl Connections service.
  15. Information and Privacy
    o The User acknowledges that they are solely responsible for the accuracy and correctness of all information submitted to the Compensation Fund.
    o The Compensation Fund understands that the information provided by the User or Employer to the Compensation Fund (the “information”), includes private and sensitive information. The Compensation Fund will, save for the circumstances as set out in this clause 12, not share any such information with any third party without the prior consent of the User or Employer.
    o The Compensation Fund will only disclose the information to a third party:
     to perform the Service;
     if the Compensation Fund is required by law or court order to disclose the information; and/or
     if legislation or a government Act provides for such disclosure.
    o The Compensation Fund will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 2 (two) years after submission of information if this agreement remains in force for longer than 2 (two), whichever might be the case.
    o Although the Compensation Fund will take all reasonable measures to ensure that the information will not be compromised, the User and Employer acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.
  16. Use of User Information by the Compensation Fund
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    o The Compensation Fund may distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the service.
    o The Compensation Fund will be entitled in its sole discretion, and without notice, to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
    o The Compensation Fund may provide online, mobile communication methods, and e-mail communications to the user on matters pertaining to the service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
    o The user acknowledges:
     That communications within the Van Zyl Connections Service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;
     The use of User information and the disposal or dissemination thereof shall not constitute invasion of privacy by the Compensation Fund.
  17. Use of Van Zyl Connections and Software
    o It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, telecommunications lines and access to the Internet and the Van Zyl Connections website and/or download content from Van Zyl Connections.
    o Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies the Compensation Fund against any breach of such license conditions.
    o The Compensation Fund gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.
    o The Compensation Fund hereby grants the User the right to view, download and print the content of the Van Zyl Connections site for the purposes of accessing and using the Van Zyl Connections services, provided that such content is only used by the User for personal, educational or non-commercial purposes. No further reproduction or any form of distribution of the content on the Van Zyl Connections site is permitted.
    o Users may only access and use the Van Zyl Connections Service for the purpose of interacting with the Department and paying for services.
    o The Compensation Fund and its consultants shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of the e=Ekurhuleni Service or information contained within the Van Zyl Connections site.
  18. Unavailability of the Compensation Fund Services
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
    o The Compensation Fund shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, the Compensation Fund will not exercise its rights in terms of this clause without just cause.
    o The user acknowledges and accepts that the Compensation Fund service may become unavailable from time-to-time due to various circumstances, including:
     technical failure or problems with the Van Zyl Connections service;
     infrastructure or technical problems with third party information technology systems;
     unavailability of telecommunication or electricity department services;
     or other circumstances beyond the control of the Compensation Fund.
    o Without derogating from the provisions of this clause, the user undertakes to limit their potential debt caused by any unavailability of the Service by making use of alternative submission, enquiry and payment methods available to employers.
  19. Changes and Amendments
    o The Compensation Fund expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice to the User:
    o change these Terms and Conditions;
    o change the content and/or services available from Van Zyl Connections;
    o discontinue any aspect of the Van Zyl Connections service; and/or
    o change the software and hardware required to access and use Van Zyl Connections.
    o Any new version of the Terms and Conditions will be displayed on Van Zyl Connections. It is the Users obligation to visit Van Zyl Connections on a regular basis in order to determine whether any amendments have been made to the Terms and Conditions. By accessing Van Zyl Connections, the User will be bound by the latest version of the Terms and Conditions, as published on Van Zyl Connections.
  20. No Warranties or Representations
    o The Terms and Conditions evidences the sole terms and conditions governing the Services.
    o Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the Compensation Fund, its employees, consultants or advisors which are not stated in the Terms and Conditions shall not be valid and enforceable and Users shall not hold the Compensation Fund liable to any such warranty or representation, whether made prior to, during or after concluding the Terms and Conditions.
    o To the extent permitted by law, the Compensation Fund (including its employees, suppliers, Internet service providers, partners, affiliates and consultants) shall not be liable for any damage, loss or liability of any nature incurred by person and resulting from;
     access to Van Zyl Connections;
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
     access to websites linked to Van Zyl Connections;
     inability to access Van Zyl Connections;
     inability to access websites linked to Van Zyl Connections;
     content available on Van Zyl Connections;
     services available from Van Zyl Connections; and/or
     downloads and use of content from Van Zyl Connections.
    o The Compensation Fund site and Service are provided “as is” and the Compensation Fund makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the a foregoing:-
     the Compensation Fund does not warrant that the website, its contents, any third party content and services, payment or the Services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The Compensation Fund expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
     whilst the Compensation Fund has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a user’s system.
  21. Governing Law and Jurisdiction
    o These conditions are governed by the laws of the Republic of South Africa.
    UIF TERMS & CONDITIONS
  22. These conditions will govern the registration of Employers with the Unemployment Insurance Fund.
  23. All Employers who employ any person and in return provide them with remuneration in either cash or in kind must register with the Fund as soon as they commence activities as an employer.
  24. The reference number provided must be used in all correspondence with the Fund.
  25. The Employer understands that by completing the registration they are bound to declare and pay contributions to the Unemployment Insurance Fund as prescribed by the Unemployment Insurance Act of 2001(Amended).
  26. The Employer is expected to notify the Unemployment Insurance fund in writing of any changes in the registered particulars, or if the employer ceases to be an ‘Employer’.
    c
    Business Registration –
    Pty Ltd www.vanzylconnections.co.za
    072 751 8034
  27. By using this service the Employer agree to be bound by these terms and that the information furnished are true and correct.