GENERAL TERMS AND CONDITIONS OF DATA SUPPLY
Unless otherwise expressly stated, or the context otherwise requires, the words and
expressions listed below shall, when used in these Terms and Conditions and the Agreement,
bear the meanings ascribed to them:
1.1. “Access Codes” means all user names, passwords, access codes or other devices issued
by DOTS360 and/or a Reseller to the Data Consumer or any other person whatsoever
for the purpose of controlling or providing access to the Website or any Risk
1.2. “Affiliate” means a subsidiary, holding company or associated company of either of the
Parties, together with any subsidiary, holding company or associated company
1.3. “Agreement” means these Terms and Conditions read with Annexure B (“Dot360 SLA
Reporting Response Times”), and Annexure C (“Pricing”);
1.4. “Authorisations” means all licenses, permits or approvals of whatsoever nature required
by the Parties in terms of any Regulatory Provision to enable them to exercise their
1.5. “Competent Authority” means collectively the National, Provincial, Regional and Local
government of the Republic of South Africa and/or their successors in title, any Court
of competent jurisdiction or any agency, authority, body or standard-setting
institution appointed by such entities to regulate and/or oversee standards applicable
to the Risk Management Products, the Website and/or the Search Data and includes
without limitation the National Credit Regulator and the National Credit Tribunal
established in terms of the National Credit Act;
1.6. “Content Provider” means any person or institution, including the State or an Organ of
State, from which DOTS360 procures Search Data;
1.7. “Data Consumer” means any person, whether a natural or juristic person, who procures
Search Data from DOTS360 by means of the Website and/or any of the Risk
Management Products or otherwise, whether directly through DOTS360 and/or
through a Reseller;
1.8. “Effective Date” means the effective date of this Agreement, being the data consumer
1.9. “Data Enquiry” means a request for the supply of Search Data relating to a Data Subject
submitted by a Data Consumer to DOTS360 by means of the Website, a Risk
Management Product or otherwise;
1.10. “Data Subject” means a person, whether a natural or juristic person, forming the
subject matter of a Data Enquiry;
1.11. “DOTS360” means Zoia Consulting (Proprietary) Limited, a company with limited liability
duly registered and incorporated in accordance with the laws of the Republic of
South Africa with registration number 2012/044109/07, having its main place of
387 Kent Avenue, Ferndale, Randburg 2194
1.12. “National Credit Act” means the National Credit Act, No. 34 of 2005;
1.13. “Parties” means, collectively, DOTS360 and the Data Consumer and “Party” means any
one of them;
1.14. “Prescribed Records” means:
1.14.1. the names, identity numbers, registration numbers, addresses and contact
particulars of all Data Subjects in respect of which Data Enquiries are made;
1.14.2. the purpose for which each Data Enquiry is made;
1.14.3. a written or electronically recorded record of each consent procured pursuant
to any Regulatory Provision from each Data Subject in respect of which a Data
Enquiry is made; and such further books, records, contracts and accounts in
relation to Data Subjects, all Data Enquires submitted by the Data Consumer
and consents obtained from the Data Subjects as DOTS360 may from time to
1.15. “Reseller” means a person who affords a Data Consumer access to the Website and/or
any of the Risk Management Products pursuant to a reseller agreement concluded
1.16. “Regulatory Provisions” means, collectively, the prevailing laws, regulations,
ordinances, directions, orders, decrees, policy directives and standards of the
Government of the Republic of South Africa and any other Competent Authority, which
in any way affect or apply to DOTS360, the Data Consumer, the Website, the Risk
Management Products and/or the Search Data;
1.17. “Risk Management Products” means all or any part of the electronic risk management
products offered by DOTS360 for the supply of Search Data, offered by DOTS360 from
time to time including, inter alia, the following products:
1.18. “Search Data” means any information relating to a Data Subject, including information
relating to a Data Subject’s:
1.18.1. ownership of immovable property, including the identity, location and value of
such immovable property;
1.18.2. identity number, registration number, or other identifying number or mark;
1.18.3. registration as a company, close corporation, trust or other juristic person;
1.18.4. trademark registrations;
1.18.5. participation in any company, close corporation, trust or other juristic person;
1.18.6. ownership of any motor vehicle, including registration details and financing
1.18.7. past employment history; including the circumstances of termination of any
employment, career, professional or business relationship;
1.18.8. educational qualifications;
1.18.9. drivers license;
1.18.10. criminal record;
1.18.11. credit profile including information relating to applications for credit, credit
agreements to which the Data Subject is or has been a party, pattern of
payment or default under any such credit agreements, debt rearrangements in terms of the National Credit Act, incidence of enforcement
actions with respect to any such credit agreement, the circumstances of
termination of any such credit agreement, and related matters;
1.18.12. potential contact information;
1.18.13. marital status, existence, children identity,
1.18.14. bank account;
1.18.15. VAT numbers
1.19. “Terms and Conditions” means these terms and conditions applying to Data Consumers
and the use of Website and the Risk Management Products, as amended and/or
published by DOTS360 from time to time and when used in the context of this
document shall also refer to the Agreement;
1.20. “Website” means DOTS360’s or Reseller’s website.
2. GENERAL TERMS AND CONDITIONS
2.1. These Terms and Conditions:
2.1.1. are valid from the Effective Date; except where otherwise indicated;
2.1.2. replace any previous terms and conditions, if any, relating to the subject matter
hereof and shall prevail notwithstanding any publicity material published by
2.1.3. are binding on all Data Consumers and will at all times govern the relationship
between DOTS360 and the Data Consumers.
2.2. DOTS360 shall be entitled to amend these Terms and Conditions, upon written notice of
no less than 60 (sixty) days of the revised terms and conditions to the Data Consumer.
2.3. All Data Consumers shall be deemed to have read and unconditionally accepted the Terms
The Agreement may be terminated at any time by either Party provided that:
3.1. the terminating Party supplies the other Party with written notice of its intention to
terminate the Agreement;
3.2. the notice contemplated in clause 3.1 above shall be given no less than 60 (sixty) days
prior to the intended date of termination.
4. RISK MANAGEMENT PRODUCTS
4.1. DOTS360 hereby grants to the Data Consumer, subject to the terms and conditions
contained herein, the non-transferable, non-exclusive use and/or access to the
Website and the Risk Management Products.
4.2. DOTS360 shall provide the Search Data to the Data Consumer as and when requested by
the Data Consumer with service levels measured against the time periods stipulated
in Annexure B.
4.3. The Data Consumer shall not alter, modify, transmit or reproduce the Website and/or the
Risk Management Products, except insofar as such alternation, modification,
transmission or reproduction has been agreed to by DOTS360, in writing.
4.4. Title to, copyright and all other industrial and intellectual property rights in the Website
and the Risk Management Products including any improvements or modifications are
shall remain vested in DOTS360. The Data Consumer shall not reproduce (except
insofar as such reproduction forms a necessary part of the purpose) or retransmit the
Website and/or the Risk Management Products or any part thereof without the prior
written consent of DOTS360.
4.5. The Data Consumer acknowledges that the Search Data shall be selected by DOTS360 in
its sole discretion and that the Search Data may be obtained from third parties
4.6. The Data Consumer undertakes to provide the appropriate technical infrastructure to
users of the Website to enable such Data Consumer users to access the Website via
the Internet, in an effective and efficient manner.
4.7. DOTS360 undertakes to provide the personnel appointed by the Data Consumer as data
consumer administrators, with adequate training on the DOTS360 system to enable
such users to be able to use the system efficiently and effectively. The training shall
be at cost as agreed between the Parties.
4.8. The Data Consumer acknowledges that, where the Search Data includes fingerprint data,
there are additional risks if it relies on fingerprints not captured by the Data Consumer
itself (or its duly appointed agents or staff). For the avoidance of doubt, the Data
Consumer will be solely liable for obtaining the necessary consent of the Data Subject
prior to submission or use of fingerprint Search Data.
4.9. DOTS360 shall be responsible for providing your representatives with training on how to
take a Data Subject’s fingerprints, and from time to time may issue guidelines and
written information for reference. The Data Consumer shall ensure that your
representatives complete and understand such training and collect the fingerprints
strictly in accordance with the training and any accompanying information and
5. FEES AND CHARGES
5.1. The Data Consumer shall pay DOTS360 for services rendered in accordance with the
pricing schedule subject to the following provisions:
5.1.1. Payment will be effected within 30 days of receipt of an invoice issued by
5.1.2. Invoices will be sent to the Data Consumer designated official for process of
5.1.3. Pricing will be renegotiated on an annual basis during the first quarter of each
calendar year. Notwithstanding annual prices increases, if any fees and
charges are based on any tariff or amount prescribed in terms of any
Regulatory Provision or price increase implemented by AFISwitch, then
DOTS360 also reserves the right to renegotiate such fees.
5.2. The levying and payment of fees and charges for access to the Website and the Risk
Management Products shall be in the case of a Data Consumer procuring access to the Risk
Management Products through a Reseller, by the terms of such Data Consumer’s agreement
with the relevant Reseller.
5.3. The provision of goods (biometric scanners) and services (background checks) is subject
to availability. In cases of unavailability, Dots360 will either refund the client within 14 business
days or issue a credit note for the value of the initial payment. No refund will be issued in the
case of cancellation of requested checks after the check has been processed unless the
circumstances justify reconsideration, which will be at managements sole discretion, and a
request that is cancelled while still in a “New” state will not incur any charges to the client.
5.4. In cases where once-off payments are due, and any ad-hoc online payment is to be made
by the client, Visa and Master Card payments will be supported and may be processed through
our payment gateway. More payment methods will be supported in future.
6. ACCESS AND DOWNLOADS
DOTS360 shall permit the Data Consumer to electronically access the Website and the Risk
Management Products. The Data Consumer shall be solely responsible for all costs and
expenses associated with the downloading of the Search Data by electronic means or related
to accessing the Website and the Risk Management Products electronically.
7. USE AND RETENTION OF SEARCH DATA AND ACCESS TO THE RISK
7.1. The Data Consumer agrees that the Website, the Risk Management Products and Search
Data will be used solely by the Data Consumer.
7.2. It is recorded that the Data Consumer shall not be entitled to alter, amend, sell, let, licence,
transfer, transmit or otherwise distribute:
7.2.1. Search Data; or
7.2.2. any of the Risk Management Products;
7.2.3. its access to the Website and/or the Risk Management Products; or any part
thereof, to any third party without the express prior written approval of
DOTS360. Where the consent of DOTS360 has been validly obtained, the Data
Consumer must accredit the Risk Management Products, or any data or
information comprising the Search Data, to DOTS360, in the manner specified
by DOTS360 in writing.
7.3. The Parties shall comply with all Regulatory Provisions relating to the Risk Management
Products, the Website and Search Data (including without limitation the use, storage
and maintenance of Search Data) and shall dispose of Search Data in the manner and
when required in terms of any Regulatory Provisions.
7.4. All Access Codes issued to the Data Consumer shall be for the sole and exclusive use of
the Data Consumer. The Data Consumer shall at all times take such reasonable
measures as may be required in order secure the Access Codes and shall not release
or in any way disclose or release the Access Codes to any third party.
7.5. DOTS360 shall store a record of all Data Enquiries conducted by the Data Consumer and
all Search Data provided to the Data Consumer pursuant to such Data Enquiries. Such
data shall however be deleted by DOTS360 when required in terms of any Regulatory
Provision or by any Competent Authority.
7.6. It is recorded that the Data Consumer shall be required to accept the relevant Credit
Bureaus terms and conditions available on our website each time a credit search is
8. INTELLECTUAL PROPERTY
8.1. The Data Consumer acknowledges that any and all intellectual property rights in, relating
to, used or embodied in, or in connection with the Risk Management Products or the
Website are not acquired by the Data Consumer but remain the property of DOTS360
or its Content Providers, as the case may be. The Data Consumer shall at no time in
any way question or dispute the ownership by DOTS360 or its Content Providers, as
the case may be, of any such rights.
8.2. The Data Consumer shall not modify, alter or combine any of the Risk Management
Products delivered in terms of these Terms and Conditions if any such modification,
alteration or combination would constitute an infringement of the intellectual property
rights of DOTS360, its Content Provider or any third party.
8.3. DOTS360 shall have no liability to the Data Consumer if any intellectual property
infringement and resultant claim is based upon the use of the Risk Management
Products in a manner not expressly authorised by these Terms and Conditions.
8.4. The Data Consumer hereby indemnifies and holds DOTS360 harmless from any loss, costs
or expense suffered or incurred in connection with any claim, suit or proceeding
brought against DOTS360 insofar as it is based on a claim that the unlawful supply,
unlawful or unauthorized access, unlawful or unauthorized use or unauthorized
sublicensing of any of the Risk Management Products delivered in terms of these
Terms and Conditions, and modified, or altered or combined with other information,
data or Risk Management Products by the Data Consumer, constitutes an
infringement because of such modification, alteration or combination.
9. REPRESENTATIONS AND WARRANTIES OF THE DATA
CONSUMER The Data Consumer represents and warrants that:
9.1. it has the right, power and authority to enter into these Terms and Conditions and to fully
perform its obligations under these Terms and Conditions;
9.2. it has and shall at all times continue to comply with all Regulatory Provisions, as well as
the conditions, standards and requirements prescribed by any Regulatory Provision or
any Competent Authority which may be applicable from time to time in respect of the
Risk Management Products, the Website and/or the Search Data subject to the
provisions of clause 7.3 above;
9.3. it shall not do or omit to do anything which may cause DOTS360 any harm or loss,
including but not limited to any injury to the reputation of or goodwill attaching to
9.4. it shall immediately notify DOTS360 if there is any reason to believe that the Risk
Management Products, the Website and/or Search Data has become compromised or
is likely to become known or used by someone not authorised to use it or is being or is
likely to be used in an unauthorised way;
9.5. it shall use its reasonable endeavours to provide any assistance as may be requested by
DOTS360 upon the happening of any event referred to in clause 9.4;
9.6. it shall procure Search Data from DOTS360 and use such Search Data only:
9.6.1. for a legitimate purpose and to the extent permitted or required by the National
Credit Act or other applicable Regulatory Provision; or
9.6.2. as directed by:
22.214.171.124. the instructions of the Data Subject; or
126.96.36.199. an order of court or the National Consumer Tribunal established in
terms of the National Credit Act;
9.7. it shall obtain the consent of the Data Subject, prior to submitting a Data Enquiry, where
such consent is required in terms of the National Credit Act or other applicable
10. GENERAL PROVISIONS RELATING TO WARRANTIES AND UNDERTAKINGS
10.1. Each representation and warranty set out in clause 9:
10.1.1. shall be a separate warranty; and
10.1.2. shall in no way be limited or restricted by reference to or inference from the
terms of any other warranty; and
10.1.3. shall be for the sole benefit of DOTS360.
10.2. The representations and warranties set out in clause 9 shall be deemed to be repeated
on each date when a Data Enquiry is made with reference to the facts and
circumstances then subsisting, as if made at each such time.
11. REPRESENTATIONS AND WARRANTIES OF DOTS360
11.1. DOTS360 has not made and does not make any representations nor gives any warranties
or guarantees of any nature whatsoever which are not specifically set forth in or
contemplated by these Terms and Conditions, including, without limitation in relation
to the accuracy, efficacy or completeness of the Risk Management Products, the
Website or any Search Data.
12. INDEMNIFICATION BY THE DATA CONSUMER
12.1. The Data Consumer agrees to, and shall, indemnify, defend and hold harmless DOTS360,
its Affiliates and their respective directors, shareholders, officers, agents, employees,
successors and assigns from and against any and all claims, demands, suits, actions,
judgements, damages, costs, losses, expenses (including attorney’s fees and
expenses) and other liabilities arising from and in connection with or related in any
way, whether directly or indirectly, to:
12.1.1. the Data Consumer’s performance of its obligations, in terms of these Terms and
12.1.2. any breach or alleged breach of any of the representations, warranties,
undertakings or agreements made by the Data Consumer under these Terms
and Conditions; or
12.1.3. any claim by a third Party arising from any claim, injury, loss or damage for which
DOTS360 is exempted from liability in terms of clause 13.1; or
12.1.4. the exercise by DOTS360 of any of its rights in terms of these Terms and
12.1.5. any breach, wrongful act or omission of DOTS360 or any of DOTS360’s Affiliates
and their respective directors, shareholders, officers, agents, employees,
successors and assigns in connection with these Terms and Conditions, any
Search Data, the Website or any Risk Management Product; and/or
12.1.6. any third party claim which arises out of or in connection with the Data
Consumer or its representatives collecting fingerprint Search Data other than
as set out or provided for in this Agreement, whether such third party claim
comes from a Data Subject, an alternative individual or from another user of
12.1.7. any third party claim which arises out of or in connection with your use of Search
Data (including fingerprint data) other than as strictly permitted by this
Agreement, whether such third party claim comes from a Data Subject, an
alternative individual or from another user of Search Data.
12.2. The Data Consumer shall promptly notify DOTS360 of any such claim against it. The Data
Consumer shall bear full responsibility for the defence (including any settlements),
provided, however, that:
12.2.1. the Data Consumer shall keep DOTS360 informed of and consult DOTS360 in
connection with the progress of such litigation or settlement; and
12.2.2. the Data Consumer shall not have any right, without notice to the DOTS360, to
settle any such claim if such settlement arises from or is part of any criminal
action, suit or proceeding or contains a stipulation or admission or
acknowledgement of, any liability or wrongdoing (whether in contract, delict
or otherwise) on the part of DOTS360 and/or any of DOTS360’s Affiliates.
13. EXCLUSION OF LIABILITY
13.1. The Data Consumer agrees that DOTS360, its Affiliates and their respective directors,
shareholders, officers, agents, employees, successors and assigns shall not be
responsible and the Data Consumer hereby absolves and holds DOTS360 harmless for
any loss of whatever nature, howsoever arising or caused, including but not limited to
as a result of:
13.1.1. the Data Consumer using the Website or any Risk Management Product contrary
to the these Terms and Conditions;
13.1.2. the submission of any Data Enquiry;
13.1.3. the use of any Search Data by the Data Consumer or any other person
whatsoever in terms of these Terms and Conditions.
13.2. DOTS360 shall not under any circumstances whatsoever be liable for any consequential
damages suffered by the Data Consumer, including but not limited to loss of property,
profit, business, revenue, goodwill or anticipated savings.
14. BOOKS, RECORDS AND AUDITS
14.1. The Data Consumer shall, in respect of each Data Enquiry, maintain the Prescribed
Records in respect of such Data Enquiry for a period of 12 (Twelve) months following
the date upon which each such Data Enquiry is made.
14.2. Upon no less than 10 (ten) days’ written notice to the Data Consumer, DOTS360 or its
authorised agent may audit the Prescribed Records to ensure compliance with these
Terms and Conditions.
14.3. All costs incurred by either of the Parties in respect of any audit conducted pursuant to
clause 14.2 shall be borne by DOTS360, save where such audit reveals a breach of
these Terms and Conditions by the Data Consumer or a material defect in the
Prescribed Records not caused by the DOTS360.
14.4. Notwithstanding clause 14.2 DOTS360 shall at any time be entitled, but not obliged, to
require the Data Consumer to provide DOTS360 with written proof of any consent
required to be procured from a Data Subject pursuant to the National Credit Act or any
applicable Regulatory Provision, prior to releasing Search Data to the Data Consumer.
15. ENTITLEMENT OF DOTS360
15.1. DOTS360 shall be entitled to,:
15.1.1. change the make-up or the technical specification of the Website or any Risk
15.1.2. suspend the Data Consumer’s access to the Website for operational reasons
such as repair, maintenance or improvement or because of an emergency on
reasonable written notice at the least possible inconvenience to the Data
15.1.3. suspend the Data Consumer’s access to the Website and/or any Risk
Management Product if the Data Consumer has breached these Terms and
Conditions subject to the provisions of clause 16.1 below.
15.2. DOTS360 reserves the right to revoke the Data Consumer’s access to the Website and/or
the Risk Management Products at any time if there is a serious risk of compromise to
the integrity of the Website, any Risk Management Product, the Search Data or
15.3. The Data Consumer shall use its best endeavours to grant DOTS360 such access and
provide any assistance as may be requested by DOTS360.
16. BREACH AND TERMINATION
16.1. Notwithstanding any other provision of these Terms and Conditions, if either Party is in
any way in breach of these Terms and Conditions, the aggrieved Party may, without
prejudice to any of its other rights and remedies, terminate these Terms and
Conditions on reasonable written notice in the event of the other Party’s failure to
remedy the breach within 14 (fourteen) days of its receipt from the aggrieved Party of
a written notice requiring the other Party to do so.
16.2.1. any Content Provider:
188.8.131.52. terminates any agreement with DOTS360; or
184.108.40.206. is unable or unwilling to provide any Search Data to DOTS360; or
16.2.2. any Search Data is unavailable or becomes unavailable to DOTS360; or
16.2.3. DOTS360 elects to:
220.127.116.11. modify the Website subject to the provisions 15.1.1;
18.104.22.168. modify or discontinue a Risk Management Product; or
22.214.171.124. not to continue supplying Search Data or any form or category of
DOTS360 shall be entitled to terminate the Data Consumer’s access to the
Website and/or the relevant Risk Management Product or portion thereof on no less
than 30 (thirty) days written notice to that effect.
Website from time to time.
18. FORCE MAJEURE
Neither party shall be liable to the other Party for any default or delay in the performance of
any of its obligations if, and to the extent that, such default or delay is caused by any act of
God, war or civil disturbance, court order, any delay in any performance due from another Party
or any other circumstance beyond its reasonable control, including without limitation, failures
and fluctuations in electrical power or communications, provided that the defaulting Party is
without fault in causing such default or delay.
19. ASSIGNMENT, CESSION AND DELEGATION
Neither Party shall be entitled to assign, cede, delegate nor transfer any rights or obligations
acquired in terms of these Terms and Conditions, in whole or in part, to any other party or
person without the prior written consent of the other Party.
20. CONFLICTS AND AMBIGUITIES
20.1. If there is any conflict between these Terms and Conditions and any other terms, rules or
regulations of the Risk Management Products, these Terms and Conditions shall
20.2. If there is any conflict between these Terms and Conditions and any agreement between
a Reseller and the Data Consumer, these Terms and Conditions shall prevail.
21. STATUS OF THE RELATIONSHIP BETWEEN THE PARTIES
21.1. These Terms and Conditions shall not operate to constitute the Data Consumer as a
partner, employee and/or agent of DOTS360 and the Data Consumer shall not
represent itself as such.
21.2. Nothing contained in the Terms and Conditions shall authorise or empower one Party to
enter into any contracts or other commitments on behalf of the other Party.
22. DISPUTE RESOLUTION
22.1. Any unresolved dispute between the Parties arising out of or in connection with this
Agreement, including, its existence, application, breach, interpretation, validity,
termination or cancellation, shall be submitted to and decided by arbitration in terms
of The Arbitration Act, 1965, of the Republic of South Africa, subject to the following
22.1.1. The tribunal shall consist of one arbitrator.
22.1.2. The arbitration proceedings shall be in accordance with the Uniform Rules of
the High Court in force at the time.
22.1.3. The arbitration shall be held in Johannesburg or Durban, as determined by
DOTS360 in its sole discretion
22.1.4. The language of the arbitration shall be English.
22.1.5. The arbitrator’s decision shall be binding and shall not be appealable to any
court in any jurisdiction. Any Party may however enter such decision in any
court having competent jurisdiction.
22.1.6. The Parties shall endeavour to ensure that the arbitration is completed within
30 (thirty) days after notice requiring the claim to be referred to arbitration is
22.1.7. The decision of the arbitrator shall be in writing. The arbitrator shall give reasons
for his award.
22.1.8. The proceedings and decision shall be confidential to the Parties and their
22.1.9. The arbitrator shall be a practicing attorney or advocate of not less than 10 (ten)
years’ standing or a retired judge, who, in the absence of agreement reached
within 14 (fourteen) days of the arbitration being demanded, shall be
appointed by the President or acting President of the Law Society of the
Northern Provinces or KwaZulu Natal.
22.2. Notwithstanding the provisions of this clause 22,
22.2.1. this arbitration clause shall not preclude DOTS360 or the Data Consumer from
seeking urgent relief in a court of appropriate jurisdiction, where grounds for urgency
22.2.2. In the event of DOTS360 having a claim against the Date Consumer for a liquidated
amount or an amount which arises from a liquid document, the DOTS360 shall be
entitled to institute action therefore in a court of law rather than in terms of the
above clauses, notwithstanding the fact that the Data Consumer may dispute such
23. GOVERNING LAW
The law governing these Terms and Conditions, including without limitation its interpretation
and all disputes arising out of these Terms and Conditions, is the law of South Africa. The
Parties submit to the exclusive jurisdiction of the South African courts in respect of any matter
arising from or in connection with these Terms and Conditions, including its termination. The
Parties further consent to the non-exclusive jurisdiction of the High Court, Durban and Coast
24. NOTICES AND LEGAL PROCESS
24.1. Each Party chooses as its address for all purposes under these Terms and Conditions
(“chosen address”), whether for serving any court process or documents, giving any
notice, or making any other communications of whatsoever nature and for any other
purpose arising from these Terms and Conditions (“notice”), the address specified by
the Data Consumer and DOTS360 on the cover page of this Agreement.
24.2. Any notice required or permitted under these Terms and Conditions shall be valid and
effective only if in writing.
24.3. Any Party may by notice to the other Party change its chosen address to another physical
address in the Republic of South Africa and such change shall take effect on the
seventh day after the date of receipt by the Party who last receives the notice.
24.4. Any notice to a Party contained in a correctly addressed envelope and delivered by hand
to a responsible person during ordinary business hours at its chosen address, shall be
deemed to have been received on the date of delivery.
24.5. Notwithstanding anything to the contrary herein, a written notice actually received by a
Party, including a notice sent by telefax, shall be an adequate notice to it.
25.1. Clause and paragraph headings are for purposes of reference only and shall not be used
25.2. Unless the context clearly indicates a contrary intention, any word connoting:
25.2.1. any gender includes the other two genders;
25.2.2. the singular includes the plural and vice versa;
25.2.3. natural persons includes artificial persons and vice versa;
25.2.4. insolvency includes provisional or final sequestration, liquidation or judicial
25.3. A reference to a Business Day is a reference to any day excluding Saturday, Sunday and
a public holiday in the Republic of South Africa.
25.4. When any number of days is prescribed such number shall exclude the first and include
the last day unless the last day falls on a Saturday, Sunday, or a public holiday in the
Republic of South Africa, in which case the last day shall be the next succeeding
25.5. The eiusdem generis rule shall not apply and accordingly, whenever a provision is
followed by the word “including” and specific examples, such examples shall not be
construed so as to limit the ambit of the provision concerned.
25.6. Where any term is defined within the context of any particular clause in these Terms and
Conditions, then, unless it is clear from the clause in question that the term so defined
has limited application to the relevant clause, the term so defined shall bear the
meaning ascribed to it for all purposes in terms of these Terms and Conditions,
notwithstanding that that term has not been defined in the definition clause.
26. GENERAL AND MISCELLANEOUS
26.1. These Terms and Conditions constitutes the sole record of the agreement between the
Parties with regard to the subject matter hereof. Neither Party shall be bound by any
express or implied term, representation, warranty, promise or the like not recorded
26.2. No relaxation or indulgence by either Party may constitute a waiver of the rights of such
Party and shall not preclude such Party from exercising any rights which may have
arisen in the past or which might arise in future.
26.3. Any provision of these Terms and Conditions which contemplates performance or
observance subsequent to any termination or expiration of these Terms and
Conditions shall survive any termination or expiration of these Terms and Conditions
and continue in full force and effect.
26.4. No addition to, variation of, or agreed cancellation of, these Terms and Conditions shall
be of any force or effect unless in writing and signed by or on behalf of both the Parties.
ANNEXURE B: RefCheck Advanced SLA Reporting Response Times
TransUnion Credit Check Real Time Response
Experian Credit Check Real Time Response
Criminal Illicit Activity Check 2 business days
Additional Detail on Possible Positive 6 – 8 Weeks
Manual 91A form 6 – 8 Weeks
ID Verifications Next business Days
ID Verifications with Fraud Listing 2 business Days
Driver’s Licenses 2 Business Days
Driver’s Licenses – Incl. PrDP 2 Business Days
National Matric Qualifications (post – 1992) (Umalusi) Next business day
National Matric Qualifications (pre – 1980) (DOE)– with copy of
National Technical Certificates (DOE) No SLA
National Tertiary Qualifications – Degrees Next business day
National Tertiary Qualifications – Short Courses/Diplomas /
Certificates 2-5 business days
Sub Saharan African Qualifications 3 -5 business days
Zimbabwe No SLA
Congo No SLA
Kenya No SLA
Lesotho No SLA
Ghana No SLA
International Qualifications 2-4 business days
UK 7 business days
USA 10 business days
India/Asia No SLA
Australia No SLA
Professional Association Membership – South Africa Next business day
Professional Association Membership – International Next business day
Employment History – South Africa Next business day
Employment History – South Africa with Character Reference Next business day
Employment History – International 3-4 business days
Fit & Proper Screening 4 business hours
Consumer Goods Council Real Time Response
Online Psychometric Test (RPQ) 4 business hours
Permanent Residency No SLA
Citizenship No SLA
Business Background Check 4 business hours
Director Member Search Real Time Response
Response Times commence when DOTS360 are in receipt of an application. Our business hours
are from 08h30 to 17h00 Monday to Friday. Whenever a Response Time is quoted in terms of a
business day, the results shall be communicated prior to 17h00 on the relevant business day. In all
cases, weekends and national public holidays are excluded from business days.
The Response Times serve as a guideline to monitor performance, are subject to terms and
conditions and are not guaranteed. However, in many cases we will exceed the Response Times
if accurate and complete information is provided. DOTS360 is continually negotiating with data
sources to improve Response Times and these will be communicated as and when finalised.