TERMS AND CONDITIONS
Employers Assistance and the
Client hereby contract with each other, in terms of which
contract Employers Assistance shall provide the
services as per Clause 5 of this agreement and the
client shall pay the service fee in advance as agreed to above.
In addition the parties agree as follows:
1.
FEES
1.1.
The service fee shall be
paid by means as indicated above. The Client shall immediately inform
Employers Assistance if such banking particulars are changed during the term of
this agreement.
1.2.
The client agrees that
this agreement, when paid by Direct Debit, shall serve and be regarded as
written authority to Employers Assistance to recover and deduct the aforesaid monthly service fee from the Client's bank account on the
1st day of each month.
1.3.
The monthly service fee
shall include all services indicated in Clause 5 of this agreement. The
monthly fee shall exclude all services not indicated in Clause 5 of this
agreement and shall be considered to be 'Ad-hoc Services'. The client shall be
obliged and liable to pay Employers Assistance, in addition to the monthly service fee, for such 'ad-hoc' service. The
hourly fee is reduced to $180.00 plus GST for ESP clients.
2.
DURATION
2.1.
This agreement shall be
effective for a minimum initial period of 1 year (12) months calculated as
from the first day of the
month following the month of signature of this agreement.
2.2.
This agreement may not
be cancelled during the period of operation thereof except for reasons as set out in 2.3 and 2.4
below.
2.3.
Employers Assistance
shall be entitled to cancel this agreement before the expiry of the contractual
period should the Client breach any of the payment provisions and fail to
remedy such breach within fourteen (14) days of receiving notice to that
effect.
2.4.
The Client shall be
entitled to cancel this agreement before the expiry of the contractual period
should Employers Assistance breach any of the service requirements as agreed
with the client and fail to remedy such breach within fourteen (14) days of
being notified in writing to that effect by the client.
3.
FAILURE TO PAY
AGREED FEES
3.1.
Should the client fail
or in any way default on payment in respect of any invoice rendered in terms of
this agreement within thirty (30) days of date of invoice, and/or fail to pay
the monthly service fee in advance, Employers Assistance shall, in addition to
other available remedies, be entitled to withhold and refuse to render service
in terms of this agreement until all outstanding accounts has been paid. Such
withholding or refusal shall not in any way be regarded as to be in breach of
this agreement and shall not under any circumstances entitle the client to
terminate this agreement or to claim damages of any nature whatsoever against Employers
Assistance.
3.2.
The right of Employers
Assistance to withhold services in terms of this clause shall not prejudice any
other rights it may have in Law to collect outstanding payment from the client.
3.3.
Should Employers
Assistance institute any legal proceedings to collect any outstanding amount
from the Client, the Client agrees to pay all legal fees pertaining to such
collection on a scale as between solicitor and own client.
3.4.
Any outstanding amount
shall accrue interest at the maximum legal prescribed rate from time to time,
calculated as from the date when payment was due.
3.5.
The signatory to this
agreement binds himself/herself as surety and co-principal debtor with the
client for the payment of all fees due in terms of this agreement.
4.
GENERAL
4.1.
Any latitude, extension
of time or any indulgence which may be granted by or to the Client or by or to
Employers Assistance or any failure to enforce rights under this agreement at
any time shall not be deemed to be a waiver of any such right thereafter to
compel strict compliance with the terms and conditions of this agreement.
4.2.
This agreement shall
constitute the entire agreement between the parties who by their signature
hereto acknowledge that no representations have been made or warranties given
or conditions to stipulations attached to any matters referred to in this
agreement, save as set out herein.
4.3.
No variation of this
agreement shall be of any force or effect unless recorded in writing and signed
by or on behalf of the parties by the representatives, duly authorised thereto.
4.4.
The client shall be
obliged at all times to assist Employers Assistance service staff and to fully
co-operate with such staff, to enable Employers Assistance Ltd to properly
discharge its duties in terms of this agreement.
5.
INCLUDED
SERVICES
5.1.
The Client will have
unlimited access to the Employers Assistance Support Line. This
service entitles the Client to advice and assistance in respect
of all issues relating to Industrial and Employee relations.
This access is
unlimited and includes checking and limited drafting of any documents generated
by the client from the EAL systems provided. All other attendances will be regarded as 'Ad-hoc
services' and as such will be billable at the discounted hourly rates specified in Clause 1.3 of this agreement.
5.2.
The Client will also be
entitled to the Employers Assistance 'systems' in
electronic format 'on-line'. The Client will also be entitled to all upgrades
and improvements to any system within the duration period of
this agreement together with any new products or systems developed.
5.3.
The Client will furthermore receive the regular Employers
Assistance Ltd's electronic newsletter on all topical industrial or employee
relations issues.
5.4.
The Client will be
entitled to attend all Employers Assistance Seminars, in their region, at no
cost.