AGREEMENT

 Between

Abacus Verification (Pty) Ltd

With registered address at

Unit 1, 26 Protea Ave, C Place, Jeffreysbay

and The Applicant

  1.            AUTHORISATION:

I have requested Abacus to commence the BEE Consultation or verification process.

I accept that I will be liable to pay the required fee as per ANNEXURE A before any work is carried out for consultation or verification.

By ticking "Accept Terms and Conditions" the signatories acknowledge that he/she has the required authority to bind the entity to the terms and conditions as specified in below as well as the Fees Document in Annexure A.

 2.            INTERPRETATION

Clause headings are used in this agreement for convenience only and shall not affect the                interpretation thereof.

In this agreement, unless the context otherwise requires, the reference to the singular includes the plural  and vice versa and the expressions set out below bear the meanings stated opposite them (and cognate expressions their corresponding meanings):

•  “fees” mean the remuneration due in terms of this agreement as set out in Annexure A.

•  “day” means any day except a Saturday, Sunday or public holiday;

•  “the signature date” means the date of signing of this agreement by the last signing party hereto or completing an online application and accepting terms and conditions;

•  “the services” means the Service as chosen by the Client that is rendered by the Consultancy to the measured entity;

•  “sales” means the sale of a service to a client;

3             SCOPE OF SERVICE TO BE RENDERED

The parties to this agreement deem the following services as being the essence of the relationship:

This will be the choice of the Client for Consultation or Verification.

For Consultation a basic fee of R 950-00 (VAT Excl) per hour or part thereof will be invoiced. This will exclude travel by the consultant.

For the BEE verification a quote will be sent to the Cliet from one of the SANAS ACCREDITED BEE AGENCIES to be sourced by Abacus. 

4         FEES

The following fees are payable:

• The Consultation fees as per the FEES SCHEDULE, ANNEXURE A, will be paid within 7 days as per the invoice received.

• The verification process will only commence once positive confirmation of deposit of the total fee has been received by the sourced Consultancy. The parties further agree that if relevant any balance being owed inclusive of value added tax will be paid on completion of the total verification process but before the final BBBEE verification certificate is issued. The Agency retains the right to withhold the BBBEE Verification Certificate as long as the total agreed fee as per par. 4.1 above has not been paid.

5.        DURATION OF AGREEMENT

 This agreement shall commence on signature date and shall endure until the Consultation process has been completed.

6.        READINESS 

• The client shall promptly provide the Consultant with access to all relevant information which the consutant may request at any stage.

• Should the/Consultation/ Verification not be complete within 6 months from date of application as a result of the Client not providing documentation, or any required information not being supplied to process the verification the Verification will lapse and the Client will forfeit all fees paid. In the event of the Client deciding to proceed with the verification a new application will have to be submitted and the relevant fees paid.

7.        RIGHTS AND DUTIES OF THE MEASURED ENTITY

  RIGHTS

The right to be informed about the methodology being used by the Consultancy during the process.

 The right to be informed about the qualifications, experience and competence of the consultants/analysts  appointed for  the assessment and verification process.    

 The right to confidentiality.

DUTIES

 i)         The duty to timeously disclose all relevant information, evidence and documentation to the             consultants/analyst to conduct a proper on site assessment.

ii)        The duty to assist the consultant/analyst in the process of collating documentary evidence.

iii)       The duty to supply the consultant/ analyst with access to sites, evidence and individuals.

iv)       The duty not to interfere unduly in the process of assessment and verification.

v)       The duty and responsibility not to exert any form of pressure on any employees of the Consultancy.

vi)       The duty not to attempt to bribe, corrupt, coerce or pressure any of the employees of the verification agency to reach a conclusion that would not have been reached under normal circumstances. 

8.    CONFIDENTIALITY

The parties to this agreement undertake to keep confidential and safeguard information obtained or created during the performance of  activities.

All other information except for information that is made publicly available by the measured entity shall be considered proprietary information and regarded as confidential.

Information of the measured entity shall not be disclosed to a third party without the written consent of the measured entity.

9 EXCLUSION AND LIMITATION OF LIABILITY

The Measured Enterprise hereby indemnifies and holds harmless the Consultancy against all and any liability which may arise as a result of:

Any loss or damage suffered by the client pertaining to the decision referred to or any of the Evaluations provided by the Consultancy in terms of this Agreement.

The factual inaccuracy of any information supplied by the client or by any person who represents the Measured Enterprise or by any person whom the Consultancy may reasonably believe to represent the Measured Entity.

Any act performed by the Consultancy or any representative thereof which is in  accordance with the BEE Codes of Good Practice and which act may diverge from the  provisions of this agreement. 

Notwithstanding anything to the contrary contained in this agreement, the Liability of the Consultancy in respect of any claim arising out at this agreement or in connection with the Evaluations provided to the measured entity in terms of this agreement, shall be limited to the fees paid by the Client to The Consultancy, and shall not include any liability for any indirect or consequential loss or damages incurred by the measured entity or any other person arising from what cause whatsoever including but not limited to incorrect calculation of BEE status. Any Claims submitted in terms of this liability must be submitted within 1 week in writing to The Consultancy failing which shall not be deemed valid.

10         GENERAL

• Neither the Consultancy nor the Measured Entity shall be responsible for any acts or omissions of the other party.

• Any claims arising as a result of the loss of  business or collapse of a transaction as a result of a specific verified rating which might not be acceptable or to the satisfaction of a client  shall not be attributable to any activity or function  performed by the Consultancy. The measured entity agrees and accepts that no claim can be instituted against the Consultancy or any of the employees/agents in the employ of the Consultancy.

•  This agreement constitutes the entire agreement and succeeds any previous agreement between the         parties, whether written or oral, and no variation hereof or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties hereto. The parties confirm that this         agreement constitutes the whole agreement between the parties.

• The rights and duties arising from this agreement cannot be assigned, nor transferred without prior written consent from the other party. 

11     DOMICILE AND NOTICES

For all the purposes of this agreement or with regard to any matter arising here out or in connection herewith, the parties hereby choose the addresses as set out in clause 1 of the agreement as their respective domicilia citandi et executandi.

12    IMPARTIALITY AND CONFIDENTIALITY

Consultants shall be objective, impartial and declare any undue influence or pressure from any party that may wish  results to be manipulated or changed.

ANNEXURE A - Fees  

The entity requesting verification needs to identify its readiness to determine the cost of the BEE verification by The Consultancy. 

CLASSIFICATION: 

Exempted Micro Enterprise (EME) meaning an enterprise with a Total Annual Revenue of less than R10 million per financial year. 

Confirmation Letter to support your BEE Affidavit or Sector Code EME meaning an enterprise with a Total Annual Revenue of less than R10 million per financial year. 

• Confirmation Letter-R 450-00 excluding VAT 

Qualifying Small Enterprise (QSE) meaning an enterprise with a Total Revenue between R 10 million and R 50 million per financial year where the enterprize has less than 51% black ownership.

The cost is based on audited financial statements or non-audited financial statements and the completeness of the information to be verified during the first consultation:

• If consultation are required fees will be charged at R950 -00 per hour or part thereof.
• Travel will be charged at R 4 -00 per km and accommodation at cost (if relevant)
• Verification cost will be as per the agreed quote that you will receive via e-mail.

Generic Scorecard (GS) meaning an enterprise with a Total Annual Revenue greater than R 50 million per financial year.

• If consultation are required fees will be charged at R950-00 per hour or part thereof.
• Travel will be charged at R 4-00 per km and accommodation at cost (if relevant)
• Generic Scorecard (GS) will be quoted separately (dependent on number of elements/employees/branches) .You will receive a quote via e-mail.

Listed entities, Companies with more than 1 branch or more than 1000 permanent employees, complex structures and foreign ownership - Price by Quotation

For obtaining suppliers verification certificates on behalf of Clients the cost will be R 50-00 per supplier.