Terms and Conditions:
We will take all reasonable steps within our control to deliver these Services to you. Although we take all reasonable measures to ensure that our Services are offered to you on a consistent and continuous basis we cannot always guarantee a continuous fault free service. The quality and delivery of our Services may sometimes be affected by factors such as;
- Changes in legislation,
- Changes in procedures,
- Changes in information or documents required for submissions,
- Overloading on State Department Systems resulting in delays,
- Offline systems at the State Departments,
- Late submissions of information or documents required by Moulder Skills Development from you (missing deadlines).
- Non-original, incomplete, unsigned or incorrect information or documentation supplied to Moulder Skills Development.
- Late payment by SETA’s or non-payment by SETA’s on agreed upon or specified statements or schedules.
- Missing of deadlines or non-delivery of services by third parties or sub-contractors.
I fully understand that Moulder Skills Development will not be held responsible for any of these factors as listed above and that any claims in regards to these factors are to be instituted against these parties at the customers own costs. I also understand that these factors will in no way constitute any refunds from Moulder Skills Development.
In return for the provision of our services you agree to pay us or inform us of:
- All once-off fees on or before the date this Agreement begins.
- The monthly contract fee via debit order as agreed upon on your registration form monthly in advance.
- It is your responsibility to provide us with the correct banking details. If these banking details change for any reason, you must notify us of the change within 7 calender days so that we can update our systems. You understand and agree that we cannot be held liable for any charges, damages or loss in regards to faulty banking details and or insufficient funds.
- Any changes in regards to your address, contact details etc.
You will supply, in regards to Skills Development Services and Employment Equity Services, us with the required documentation as listed below before the 28th of February of every year:
- A company letterhead with all relevant information e.g. registration nr, Vat Nr, telephone numbers and addresses, as well as member/director details.
- An original cancelled cheque or Bank Letterhead that is stamped and signed by your branch not older than 3 months prior to the submission date – 30 April of every year (to verify your banking details),
- An EMPSA from SARS or your accountant.
- The Employee profile as provide by us in its original format, fully completed and correct. No written documents will be retyped.
- Proof of training (training register or invoices).
This clause was explained to me and I fully understand that Moulder Skills Development will not be held responsible if any of these documents or requirements as listed above were not provided in time.
When does this Agreement begin?
The Agreement begins once a duly authorised person signs the registration form on your company’s behalf. Once you sign the registration form and these terms and conditions you must comply with your obligations under this Agreement and you will be bound by the terms of this Agreement.
How long is the term of this Agreement?
This Agreement is a contract for 24 (twenty-four) months and after the expiry of the initial 24 month period, the contract must please continue on a month to month basis and the same terms and conditions must apply unless a cancellation letter, in writing via registered post or e-mail, was received by Moulder Skills Development within 90 calendar days (3 months) before expiry of the contract. Once the initial 24 month contract has expired and the service continues on a month to month basis the 90 calender day cancellation period and terms and conditions remain the same. An annual increase of 5% on your monthly premiums will be instituted every 12 months for as long as this agreement remains in place, unless your skills development levy has increased by more than 20 (twenty) percent in which case your premium will be recalculated at 20 (twenty) percent of your average Skills Development levies for the previous financial year as indicated on your EMPSA, however Moulder Skills Development can waiver this increase if it so decides at its own discretion.
Termination of agreement
I understand that this agreement is binding for a period of 24 (twenty four) months and should I decide to cancel this agreement within that 24 month period, I have to give 90 (ninety) calender days’ notice in writing, via registered post or e-mail. If the termination is given after the 15th of a month, the termination period of 90 calender days will start at the first day of the following month. I understand and agree that if I cancel the agreement within the initial 24 month period, regardless of the reason, I will have to pay for the outstanding months on the agreement in a once off fee that will be debited off my account via debit order and hereby authorise Moulder Skills Development to do so. All outstanding premiums, fees, and bank charges in regards to the 24 month agreement will be deducted on the 24th day of the month in which the cancellation notice was received, regardless of the 90 day cancellation period. I understand that it remains my responsibility to ensure that sufficient funds are available in this regard. I also understand that in the event that we terminate the agreement, Moulder Skills Development will not be obligated to supply any further services or any other form of assistance to the Customer from the date that the cancellation letter was received and the duration of the cancellation period and that all monies paid to Moulder Skills Development will be forfeited. Should you cancel the debit order without notifying Moulder Skills Development in writing via registered post or e-mail or before the notice period of 90 days has expired for any reason, you fully understand that you will be liable for the bank costs/ penalties incurred by the bank or third party who actions, and who you have authorised to do so, the debit orders. I hereby authorise Moulder Skills Development and any third party they appoint to track my account in the event of late payments and to debit my account with any outstanding fees as soon as funds are available. In the event that Moulder Skills Development should need to hand over my account for any legally owed outstanding fees or collection by any third party I understand and agree that I will be liable for any legal or collection fees.
EFT payment conditions
In the event that I have a monthly EFT arrangement with Moulder Skills Development all payments will be made before the 7th of the following month regardless of whether I have received an invoice or not as Moulder Skills Development has a legally binding agreement for a fixed monthly premium and in the event that my account is overdue by 90 calender days and no written agreement has been received by Moulder Skills for alternative payment arrangements, I hereby give Moulder Skills Development the authority to track and to debit my account via debit order as soon as funds are available for any legally owed fees or arrears. Also, I hereby authorise Moulder Skills development to change the payment arrangement from EFT to debit order for the remainder of my contract.
If any of the terms and conditions of this Agreement is breached by you, you will forfeit any monies paid to Moulder Skills Development and no refunds of any nature will be due to you and Moulder Skills Development is indemnified against any claims or liability of whatsoever nature by you.
Intellectual Property Rights
Nothing in this Agreement is a licence or transfer to you of any of our rights including copyright and/or trademarks relating to the name Moulder Skills Development, our services or documentation.
Use of your personal and confidential information
You warrant and guarantee that all information, personal and confidential, in this Agreement is true and correct. As and when necessary, you consent to us obtaining, using, storing and/or disclosing your information provided to us as follows;
- To our agents and/or consultants and/or trade partners and and/or Service providers, but only to the extent necessary and in order to provide our services to you,
- To any third party that is directly involved with any of the Departments that fall under the authority of the Skills Development Levy Act and the Employment Equity Act, but only to the extent necessary to provide the services to you.