Trading Terms and Conditions

1. The Customer agrees that
   1. by requesting the services of FM iSolutions (Pty) Ltd (hereinafter called The Company), either directly or via personal contact with its staff, you agree that you are not prohibited in any way to enter into an agreement with The Company
   2. you enter into these terms and conditions and such further services provided by The Company of your own volition and all information provided by you is true and correct
   3. this Agreement represents the entire Agreement between the Customer and The Company and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and The Company;
   4. this Agreement will govern all future contractual relationships between the parties;
   5. this Agreement is applicable to all existing and future debts between the parties;
   6. this Agreement is final and binding and is not subject to any suspensive or dissolutive conditions;
   7. any conflicting conditions stipulated by the Customer are expressly excluded;
   8. these terms supersede all previous conditions of agreement without prejudice to any securities or guarantees held by The Company
2. This Agreement becomes final and binding the moment that The Company is in receipt of any order or support request emanating from the Customer by any means (including but not limited to: telephonic requests, signed quotes, email correspondence, skype messaging, sms, whatsapp, our website forms, or other digital or social media platforms)
3. The Customer agrees that:
   1. The Company will not be liable for any negligent or innocent misrepresentations made to the Customer.
   2. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.
   3. The Customer will pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule or requirements that work be completed earlier than agreed
   4. The Company will not be liable for any consequential damages or for any delictual liability of any nature whatsoever
   5. Any printout of computer evidence tendered by the Company shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act may or may not have been met
4. Warranties and/or Guarantees and Claims
   1. The Company warrants to Customer that the Services performed by The Company will be performed consistent with generally accepted industry practice. The Companys’ warranty shall expire 14 days after the applicable Services Completion Date or earlier termination. The Companys’ warranty shall only be effective if Customer notifies The Company of the breach of warranty within 14 days after the applicable Services Completion Date. The Companys’ sole and exclusive obligation for breach of warranty shall be, at The Companys’ option, to (a) use commercially reasonable efforts to perform the Services in a manner that conforms to the warranty, or (b) refund to Customer the fees paid by Customer to The Company for the nonconforming Services. The remedies set forth in this paragraph are Customer’s exclusive remedies for any breach of Service warranty.
5. An invoice for all/any services rendered by The Company will be raised as per the prevailing or agreed consulting rates and The Customer agrees that the amount contained in the Invoice issued shall be due unconditionally within 7 days from the date of the Invoice issued for the work provided by The Company.
6. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by The Company, reduced to writing and signed by the Customer and The Company.
7. The Customer agrees that if an account is not settled in full within the period agreed in clause 5 above The Company is entitled to immediately institute action against the Customer at the sole expense of the Customer. These remedies are without prejudice to any other right The Company may be entitled to in terms of this agreement or in law. The Company reserves its right to stop supply immediately on cancellation or on non-payment.
8. In the event of cancellation, The Company is entitled not to produce any unmade balance of a contract and to recover any loss sustained thereby from the Customer.
9. The Customer shall be liable to The Company for all legal expenses on the attorney-and-own Customer scale of an attorney and counsel incurred by The Company in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred.
10. The Customer agrees that no indulgence whatsoever by The Company will affect the terms of this agreement or any of the rights of The Company and such indulgence shall not constitute a waiver by The Company in respect of any of its rights herein. Under no circumstances will The Company be stopped from exercising any of its rights in terms of this Agreement.
11. Any document shall be deemed duly presented to and accepted by the Customer (i) within 3 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s or owner’s fax numbers; or (iii) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (iv) within 48 hours if sent by overnight courier; (v) within 24 hours of being telexed to the Customer’s telex number or (vi) within 7 days of being sent by surface mail, (vii) 24 hours if delivered by email to any director, member, manager, partner or owner of the Customer, (viii) immediately if delivered by email to any director, member, manager, partner or owner of the Customer and the email is replied too.
12. The Customer agrees to the Standard Rates of The Company for any goods or services rendered, which rates may be obtained on request.
13. Severability: The invalidity of any part (Paragraph, Sub-paragraph, or, sentence) of this Agreement shall not affect the validity of any other part.