Authorisation:

 I have requested ABACUS Verification (PTY) LTD to commence the BEE verification process.

 I hereby authorise ABACUS Verification (PTY) LTD to create a link between my website (if applicable) and the ABACUS website www.bee-abacus.co.za and to display the ABACUS Verification Certificate issued to me on the ABACUS website.

I accept that I will be liable to pay the required fee as per ANNEXURE A before any work is carried out by ABACUS Verification even if I decide not to continue with BEE verification and regardless of the BEE score calculated.

 By submitting this form 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 Abacus Fees Document in Annexure A.

 ABACUS -Terms and Conditions

 1.  OBLIGATIONS OF THE CLIENT
     The client undertakes and / or agrees to the following, namely that:

1.1 It requested ABACUS VERIFICATION AGENCY (PTY) Ltd to perform a Black Economic Empowerment verification audit to   certify the BEE status of the client organisation.

1.2 This agreement cancels and supersedes all prior negotiations and agreements entered into between the Parties relation to the matters set forth herein.

 1.3  The following basic fees as per the ABACUS FEES SCHEDULE ,ANNEXURE A , will be paid within 14  days into the following bank account in full before the BEE verification will be undertaken:

       Account name:  ABACUS Verification
       Bank:  First National Bank
       Account number: 62179074499
       Branch Code: 210 515 

1.4  Proof of payment will be submitted to ABACUS VERIFICATION AGENCY (PTY) Ltd: Fax:  086 661 7037 or E mail ivan@bee-abacus.co.za

 1.5  The client shall not publish the ABACUS VERIFCATION AGENCY (PTY) Ltd Logo in any  instance other than to reflect on the measured entity’s final BEE status.

1.6  The client shall promptly provide the Verification Agency with access to all relevant   information and interviews with staff of the client organisation which the Verification Agency  may request at any stage during its conduct of the verification.  ( BEE points will only be  awarded on the basis of appropriate and relevant evidence. )
Should the Verification not be complete within 6 months from date of application as a result of the Client not providing ducumentation, or any required information not being supplied to process the verification the Verfication 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 relevan fees paid.

 
1.7  The client hereby warrants that any and all information supplied to the Verification Agency  in terms of this Agreement, whether by the client or by any person who represents the  client enterprise, or by any person whom the Verification Agency may reasonably believe   represents the client on the same for the purposes of conducting the Verification audit in  terms of this Agreement.
1.8  With reference to the use of the BEE Verification Agency logo and certificate the client  undertakes;

a )  To conform to the requirements of ABACUS VERIFICATION AGENCY when making  reference to its verification status in communication media such as the internet, documents, brochures or advertising.

b )  Not to make or permit any misleading statements regarding its BEE score.

c )  Not to use or permit the use of a certificate or any part thereof in a misleading manner.

d )  Not to use its verification status in such a manner that would bring ABACUS VERIFICATION  AGENCY into disrepute and lose public trust.

 2.  OBLIGATIONS OF THE VERIFICATION  AGENCY

2.1 Subject to payment referred to above, the Verification Agency shall conduct a BEE  Verification of the client organisation within a time period mutually agreed to between the  Parties in writing, which time period shall afford the Verification Agency sufficient time within  which to conduct such evaluation, and which time period shall afford the client sufficient time  to prepare the evidence for such a BEE verification audit.

2.2 Upon completion of the BEE verification audit the Verification Agency shall issue the client  with a BEE report and BEE verification certificate according to the prescriptions of SANAS  and the Department of Trade and Industry.

2.3  The Verification Agency shall, in its provision of the BEE Verification, comply with any policy documents and / or Codes of Good Practice which may be issued by the Department of  Trade and Industry from time to time.

3.  TERMINATION

Termination shall be without prejudice to all rights which may have  accrued to either Party prior to the termination thereof.  The Client shall  be liable to pay the required fee as per ANNEXURE A  even if the Client decide not to continue with BEE verification process and regardless of the BEE score calculated.

4.  RESERVATION OF OWNERSHIP

4.1 The Verification Agency shall remain owner at all times of all copyright, design, trade mark and any other intellectual property right, whether registered, pending or unregistered which  may attach to the Logo or anything else produced by the Verification Agency (such report,  BEE software and BEE certificate) during the provision of the evaluations.

4.2  The Verification Agency shall at all times remain owner of all working papers used in the  provision of the Evaluations.

5.  CONFIDENTIALITY
5.1  During the provision of the verification audit by the Verification agency to the client, the   Verification Agency may acquire knowledge, related to the verification audit, of certain  information, documents, material, knowledge, know-how, trade secrets and proprietary  interests concerning the Measured Enterprise, including but not limited to its business and  strategic plans, adherence to BEE, financial information, technology, computer systems,  licensing arrangements, and other technical information concerning its customers, financiers and suppliers, its methods of carrying on business and other confidential  information which is not in the public domain and not readily available to a competitor of the  client (hereinafter collectively referred as “the confidential information”).

5.2  The Verification Agency undertakes to and in favor of the client that: 

 5.2.1 It shall maintain and uphold the confidentiality and good faith in relation to the confidential  information.

5.2.2 It shall not divulge, publish or disclose tot any person, firm, company corporation, trust, or  other entity whatsoever (“third party”) any of the confidential information.

 5.2.3  It shall not at any time use any of the confidential information or any part or extract thereof   for its own benefit or for the benefit of any third party.

5.2.4  It shall, upon the request of the client at any reasonable time and as soon as practically possible, return and surrender to the client all of the confidential information in its  possession or under its control and all documents and other material containing  confidential information together with all copies thereof.
5.2.5  The undertakings given by the Verification Agency herein shall not preclude it from  disclosing the confidential information:

5.2.6  To the extent that it may be obliged to do so in law, including, without limitation, any disclosure to the Department of Trade and Industry.

5.2.7  In so far as such disclosure is necessary for the purpose of the provision of the   verification audit, to its officers, employees and professional advisers.

5.3  The undertakings given by the Verification Agency shall not apply to any part of the   confidential information which is public knowledge at the time of its disclosure.

 6.  IMPARTIALITY,

 The client declare that:
6.1  ABACUS Verification Agency management or staff or their immediate family have no direct  or indirect economic interest in the measured entity.

6.2  It is not aware of any relationship that might constitute a conflict of interest between   ABACUS Verification Agency and the measured entity during the previous 2 years.

 6.3  ABACUS Verification Agency management or staff have no decision making powers in or   serve as director on the management of the measured entity.
6.4  ABACUS Verification Agency management or staff have no financial interest, shareholding  or loans in the measured entity. 

6.5  All dealings with ABACUS will relate to the verification only and no financial or other benefit   will accrue to ABACUS, its directors, staff or analyst or any contractors as a result of  conducting a verification or being allocated a more favorable BEE – compliance level except  as stated in the published commercial fees of ABACUS.

6.6  It will always be objective and will not pressurize or influence any of ABACUS Verification   management or staff during the verification process.

6.7  It will not solicit money, gifts or favors from any ABACUS Verification Agency Management  or staff member and shall not accept or offer gifts in the form of cash or any other gifts.

6.8  It will disclose any personal relationship, or prior association with ABACUS Verification  Agency that creates the potential for any real or apparent conflict of interest.

6.9  It undertakes to report any conduct that constitute a breach of the ABACUS Impartiality Policy, applicable law or codes of conduct to the Managing Director of ABACUS Verification.

7.  EXCLUSION AND LIMITATION OF LIABILITY

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

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

7.1.2 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 Verification Agency may   reasonably believe to represent the Measured Entity.

7.1.3 Any act performed by the Verification Agency 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.

7.1.4 Any breach of this agreement by the client including, without limitation, the provision of   inaccurate factual information by the client to the Verification Agency.

7.2  Notwithstanding anything to the contrary contained in this agreement, the Liability of the Verification Agency 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 in by the Client, 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 whatsover including but not limited to incorrect calculation of BEE status. Any Claims submitted in terms of this liability must be submitted within 3 months in writing to Abacus failing which shall not be deemed valid.

8.  SUB-CONTRACTORS

Notwithstanding anything to the contrary contained in this agreement, the Verification  Agency shall be entitled to appoint sub-contractors from time to time and to the extent  necessary to assist it in the provision of the verification audit.  The appointment of such sub-contractors shall be in the sole discretion of the Verification Agency.

9.  SOLICITATION OF EMPLOYEES

The client undertakes to and in favor of the Verification Agency that it shall not solicit for  employment, either for itself or for any third party, any employees of the Verification Agency  who are in the employment of the Verification Agency as at the date of the execution of this agreement and at any time during the provision of the verification audit.

 10.  FORCE MAJEURE

 If any Party is prevented of restricted directly or indirectly from performing all or any of  its  obligations under this agreement by reason of strike, lock-out, fire, explosion, riot, war,   accident, act of God, embargo, legislation, shortage of or a breakdown in transportation   facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Part so affected shall be relieved of its obligations hereunder during the period that such  event and its consequences continue but only to the extent so prevented and shall not be  liable for any delay or failure in the performance of any obligations hereunder or loss or  damages which the other Party may suffer due to or resulting from such delay or failure.

 11.  PROHIBITION OF ASSIGNMENT

The client shall not cede, delegate or assign any or all of its rights or obligations in terms of  this agreement without obtaining the prior written consent of the Verification Agency.

 12.  BREACH
 If either of the Parties commits a breach of this agreement (the defaulting party), and / or  fails to comply with any of the provisions hereof, then the other Party against whom the  breach is committed (the innocent party) shall be entitled to give the defaulting party 14 days notice in writing to remedy such breach and / or failure and if the defaulting party fails  to comply with such notice, then the innocent party shall forthwith be entitled, but not  obliged, without prejudice to any other rights or remedies which the innocent party may have in law, including the right to claim damages:

12.1 To cancel this agreement

12.2 To claim immediate performance and / or payment of all the obligations of the defaulting  party in terms hereof.

13.  DISPUTE RESOLUTION
      
 Should any dispute, disagreement or claim arise between the Parties (the dispute)  concerning this agreement, the parties shall endeavor to resolve the dispute by negotiation

13.1 This entails one of the Parties inviting the other in writing to meet and to attempt to resolve  the dispute within 7 days from date of written invitation.

13.2 If the dispute has not been resolved by such negotiation within 7 days of the  commencement thereof, then the Parties shall:

13.2.1 Submit the dispute to mediation to be administered by the Arbitration Foundation of  South Africa

13.2.2 Failing agreement as aforesaid within 7 days of the dispute being submitted to mediation,  the Parties shall refer the dispute to arbitration.

13.3 The decision of the mediator shall become final and binding within 7 days of delivery  thereof to the Parties, unless one or either of the Parties disputes the mediator’s decision  by written notice to the other Party within the aforesaid 7 day period, in which event the  dispute shall be referred to arbitration.

13.4 Unless otherwise agreed in writing by all the Parties, any such negotiation, mediation or arbitration shall be held in the area where the BEE Verification Agency office rendering the  service, resides.

 14. GOVERNING LAW AND CONSENT TO JURISDICTION

 This agreement shall be governed in accordance with the Republic of South Africa.  The Parties consent to the jurisdiction of the Magistrates Court, notwithstanding that the claim by either Party may exceed the normal monetary jurisdiction of the Magistrates Court.  Notwithstanding the afore going consent, either Party may institute proceedings in any other court of competent jurisdiction at its own discretion. 

 15.  NOTICES AND DOMICILIA 

Each of the Parties chooses domicilium citandi et executandi (domicilium) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this agreement at their respective addresses set forth on the first page of this agreement. 

 16.   GENERAL

 No extension of time or indulgence granted by either Party to the other shall be deemed in any way to affect, prejudice or derogate from the rights of such Party in any respect under this agreement, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of this agreement

1. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by both the Parties and their duly authorised representatives.
2. This document contains the entire agreement between the Parties and neither Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
3. All the provision of this agreement shall be severable and no provision shall be affected by the invalidity of any other provisions of this agreement.
4. Nothing in this agreement shall constitute a partnership, joint venture or agency agreement between the Parties in any shape or form; or entitle or authorise either Party to incur liability on behalf of the other
5. In the implementation of this agreement, the Parties undertake to observe good faith and they warrant in their dealings with each other that they shall neither do nor refrain from doing anything which might prejudice the rights, assets or interests of the other of them.

• R 690-00 excluding VAT
• EME Certificate and 12 months Tender Search Access - R 960-00 excl VAT
• EME Full Package - R 1410-00 excl VAT (EME Certificate including 12 months Tender Search Access and annual BEEDEX listing)

Qualifying Small Enterprise (QSE) meaning an enterprise with a Total Revenue between R 5 million and R 35 million per financial year.

Generic Scorecard (GS) meaning an enterprise with a Total Annual Revenue greater than R 35 million and less than R 50 million per financial year.

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

• Generic (LRG) from R18 500-00 to R21 500-00 (dependant on amount of employees) excluding VAT
• Includes a  pre-site visit and site visit by a senior analyst based on 7 hours (travel time inclusive)
• If more info/visits are required  fees will be charged at R 750-00 per hour or part thereof
• Travel will be charged at R 3-80 per km and accomodation at cost (if relevant)

Complex Structures

Entities with more than 1000 employees, more than one branch, complex structures and listed companies will be quoted seperately.

PLEASE NOTE:  

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