Terms and Conditions of Service
1.1. “this Agreement” means these Standard Terms and Conditions of Sale as read with the
Company’s service contract;
1.2. “the Company” means Beyond Mind Consulting Firm (Pty) Ltd, including its associated and
subsidiary companies, successors-in-title and assigns;
1.3. “the Customer” means the party indicated on the service contract, alternatively the party to
whom the Company is providing the Service;
1.4. “the Service” means the service provided by the Company to the Customer at the latter’s
specific instance and request;
1.5. “Service contract” means the Company’s written hard copy service contract that may exist in
addition to these standard terms and conditions.
2. This Agreement
This Agreement shall govern the provision of Services by the Company to the Customer and will take
precedence over any other terms and conditions which may be contained elsewhere. No variation to
this Agreement will be valid unless recorded in writing in a single document and signed by both
parties. The existence of this Agreement in electronic format only shall not deviate for any reason
whatsoever from the validity of the terms and conditions contained herein.
3. Changes To This Agreement
The company shall have the right at any time to change or modify the terms and conditions of this
agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to,
posting on entrecity.co.za, or by electronic or conventional mail, or by any other means by
which User obtains notice thereof. Any use of entrecity.co.za by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications or additions.
4. Credit Facilities
4.1. The Customer acknowledges that the granting of any credit or credit facilities to it by the
Company is in the sole discretion of the Company.
4.2. The Company reserves the right to suspend or withdraw the Customer’s credit facilities at any
time and acknowledges that the Company can call for payment of the full outstanding balance in
4.3. The Company also reserves the right to amend or alter existing terms of credit between the
Customer and itself.
5. Orders For Services
5.1. The Company shall be entitled to insist on a written order being received from the Customer
from time to time in the Company’s discretion.
5.2. Any order received by the Company, whether orally or in writing, shall constitute an irrevocable
offer to purchase the Services on the terms and conditions pertaining to each transaction.
5.3. In the event of the customer not entering into a fixed term service contract with the company
(either for 6, 12 or more months), this agreement may be terminated by one party giving the other
one calendar month’s written notice.
6. Customer’s Compliance
6.1. The Customer acknowledges that it is imperative for it to comply with all prevailing laws and
regulations relating to the Service.
6.2. In particular, the Customer will not abuse the bulk messaging and internet access, extent of
service provided or otherwise in making use of the Service for any reason whatsoever.
6.3. The Customer acknowledges that should it, for any reason whatsoever, have been the cause,
either directly or indirectly, of a breach of the laws and regulations pertaining to the utilisation by
the Customer of the Service, the Company shall have the right to recover whatever damages it may
suffer directly from the Customer.
6.4. The Customer is responsible for all use of The Customer Account (under any screen name or
password) and for ensuring that all use of The Customer’s Account complies fully with the provisions
of this Agreement. The Customer shall be responsible for protecting the confidentiality of The
Customer password(s), if any.
7.1. The Company’s prices will be set out on its quotations either in writing or verbally given to
7.2. The Company reserves the right to change the prices of the Service from time to time in its
7.3. The Company reserves the right to vary any quoted price by adding thereto increased costs
which need to be levied due to circumstances beyond the Company’s control, for example
fluctuations in the exchange rate of the Rand.
7.4. Some packages offered by The Company will be dynamically upgraded or downgraded to
accomodate sending needs. The details of these packages are laid out in the Purchasing Terms and
8.1. The Customer shall effect payment for the Services to the Company strictly within the period
specified by the Company in its invoice and/or statement.
8.2. The Customer will be liable to pay the Company interest should any sum be paid late.
8.3. Such interest will be levied at the prime lending rate charged from time to time by Nedbank plus
2% (two percent).
8.4. The Customer shall not be entitled, for any cause whatsoever, to withhold, deduct from or defer
any amount due by it to the Company.
8.5. Should the customer fail to pay the company any sum as invoiced within the time specified per
invoice, the customer will be in breach of this agreement, which may result in suspension,
termination or fines being levied against the customer’s account.
9. Delivery Of Service
9.1. The Company undertakes to take all necessary reasonable steps to ensure the provision of the
Service to the Customer expeditiously and continuously.
9.2. However the Company points out that due to the nature of the Service, interruptions and delays
in the provision thereof can and do occur and any such delay or failure to provide the Service will not
constitute a breach of these terms and conditions on the part of the Company. The Customer will be
liable to effect payment thereof regardless.
9.3. The Customer shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of entrecity.co.za and all
charges related thereto.
10. Ownership And Risk
10.1. The Customer acknowledges that ownership in and to all of the intellectual property which is
provided to the Customer in providing the Service is owned by the Company.
10.2. The Company is entitled to take all reasonable steps to protect such intellectual property
against infringement even if this involves jeopardising the provision of the Service to the Customer.
11.1. The Company does not warrant that the Service will provide the Customer with the exact form
of performance the Customer may have required.
11.2. The Customer acknowledges again due to the nature of the Service that the capacities and
scope of the Service might fall short of the Customer’s requirements but same shall not give rise to
the Customer having any right to withhold payment.
12.1. Notwithstanding that the Company is providing the Service to the Customer, the latter shall
not be entitled to transfer or otherwise deal in the Service with third parties.
12.2. The Customer shall not attempt to copy, replicate or otherwise take advantage of the Service
to the benefit of third parties.
13. Confidential Information
The parties acknowledge that during the provision of the Service, confidential information may be
exchanged between them and each of them acknowledge the existence of such confidential
information and undertake to keep same confidential.
14. Limitation Of Liability
The Company will not be liable for any loss or damage of any nature and howsoever arising which
may be suffered by the Customer as a result of or in connection with the utilisation of the Service by
the Customer, whether indirect, consequential, delictual or otherwise.
If the Customer breaches any provision of this Agreement (including the Spam Policy, Acceptable
Use Policy, and all Legal documentation relating to the use of Entrecity) the Company shall be
entitled to terminate the Agreement and to suspend the provision of the Service with immediate
16. Force Majeure
The Company will not be liable to the Customer for failing to perform any of its obligations in terms
of this Agreement as a result of an act of God or any cause beyond its control.
17. Legal Provisions
17.1. This Agreement and all transactions between the Customer and the Company shall be
governed by and construed in accordance with the laws and regulations of the Republic of South
17.2. The South African Courts will have exclusive jurisdiction to adjudicate any dispute arising from
or related to this Agreement.
17.3. The Company shall, at its option, be entitled to institute action in the Magistrate’s Court
notwithstanding that the amount of its claim exceeds the jurisdiction of such Court. This provision
shall not preclude the Company from instituting action against the Customer in any other competent
Court with jurisdiction.
17.4. A certificate issued by any manager or director of the Company, whose authority, appointment
and signature it shall not be necessary to prove, that purports to certify any indebtedness of the
Customer to the Company, provision of the Services to the Customer, or any other fact shall
constitute prima facie proof of such indebtedness or delivery or the Company’s ownership or any
17.5. The Customer shall be liable for the Company’s legal fees in the event of the Company
enforcing or defending its rights hereunder on an attorney and own client scale, including Counsel’s
fees on brief, tracing agent’s fees and collection charges.
17.6. The Service may be accessed throughout South Africa and overseas. Entrecity makes no
representations that the Services comply with the laws (including intellectual property laws) of any
country outside South Africa. If you access the Services from outside South Africa, you do so at your
own risk and are responsible for complying with the laws in the place where you access the site.
The Customer chooses its physical address as set out in the account information supplied during the
online registration process on the website as its domicilium citandi et executandi for all purposes
under this Agreement. The Customer may change its domicilium by furnishing the Company with 7
(seven) days written notice of its new physical address.
19.1. This Agreement constitutes the entire agreement between the parties. No party shall be
entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is
19.2. No amendment of this Agreement and extension of time, waiver or relaxation of any of the
provisions of this Agreement shall be binding, unless recorded in a single document signed by both
of the parties.
19.3. No relaxation or indulgence shall prejudice or be deemed to be a waiver of any of the
Company’s rights hereunder.
19.4. Each provision of this Agreement is severable, the one from the other. If any provision is found
to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to
be of full force and effect.
19.5. The rule of construction that this Agreement be interpreted against the party responsible for
drafting this document shall not apply.
19.6. Provisions in this Agreement that by their very nature are intended to survive the termination,
cancellation or completion of a sale shall survive such termination, cancellation or completion