Terms of Service

We dislike ‘Terms and Conditions’ as much as you do. Unfortunately they are a reality and a part of business, so we’ll try and keep them as straightforward as possible.

The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at [email protected] and we will clarify the situation for you!

We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Website Terms.

Dondo The Talking Drum (PTY) LTD, herein referred to as “DTTD”, standard terms & conditions –

1 RECORDAL

1.1 DTTD wishes to provide and the Subscriber wishes to make use of, one or more or the services specified and briefly described below;

1.2 DTTD hereby undertakes to –

1.2.1 Allow the subscriber’s business access to the reporting platform, which is operated as “Dondo The Talking Drum. This includes –

1.2.1.1 Receiving all information reported which pertains to the subscriber’s business;

1.2.1.2 Engaging in professional communication with whistleblowers and endeavour to collect as much as possible information during this communication;

1.2.1.3 Engaging in solution-finding communication with the subscriber’s POC and attempt to get customer complaints resolved;

1.2.1.4 Communicating feedback to customers who lodged complaints;

1.2.1.5 Providing detailed reports to the subscriber –

1.2.1.5.1 First Report – Within 24 hours after the first information was reported;

1.2.1.5.2 Interim Reports – As and when required;

1.2.1.5.3 Final Report – Within 24 hours after a ticket had been closed;

1.2.1.5.4 At varying stages reports will be accompanied by proposed –

1.2.1.5.4.1 Recommendations to rectify the problem;

1.2.1.5.4.2 Services that DTTD or its agents, or its sub-contractors can provide to address the problem;

1.2.1.5.4.3 Costs/estimates of the services that can be provided on an ad-hoc basis. – No extra services will be provided until written acceptance of the proposal/quotation.

1.2.2 Act as the subscriber’s internal reporting network representative in terms of Section 6 of the Protected Disclosures Amendment Act, which includes –

1.2.2.1 Receiving information;

1.2.2.2 Engaging in fact finding communication with the whistleblower;

1.2.2.3 Compiling a detailed report for the subscriber;

1.2.2.4 Ongoing communication with the whistleblower as per the requirements of Section 3 (B) of the Protected Disclosures Amendment Act;

1.2.2.5 Record keeping of all disclosures made.

2 DURATION

2.1 This agreement will, subject to clauses 2.2. and 2.3 hereunder, come into operation on the date of signature of the party signing last (“the commencement date”) and will continue until either of the parties decide to terminate the service agreement.

2.2 The minimum contract period is 12 (TWELVE) months;

2.3 Thereafter written notice of 1 (ONE) calendar month must be given. Said notice will only be valid if forwarded to [email protected] and confirmation of receiving the cancellation had been mailed by the DTTD authorised person.

2.4 This agreement may be terminated at any time prior to the expiry date thereof, by mutual agreement in writing, signed by the subscriber as well as a Director or a duly authorised person appointed by DTTD.

3 GETTING STARTED

3.1 DTTD will supply the subscriber with a minimum of 5 (five) different signage designs;

3.2 The subscriber can print these in any manner that fits the subscriber’s business’ image;

3.3 Signage may be displayed anywhere inside and outside the subscriber’s premises, as well as on the subscriber’s vehicles;

3.4 Further tot his DTTD will supply the subscriber with a company policy dealing with Protected Disclosures, which the subscriber must make known to all employees and other parties mentioned in the Act;

3.5 The subscriber may install a link to DTTD’s website on their website, where visitors to the subscriber’s site can follow to report information.

4 PAYMENT

4.1 Unless otherwise stipulated in this agreement, all amounts due in terms of this agreement will become payable on demand;

4.2 The subscriber may at DTTD`s instance be charged interest on any amount not paid on the due date, calculated from the due date of payment, at the prime overdraft rate charged by DTTD`s bankers from time to time;

4.3 The subscriber will pay DTTD all amounts set out in this agreement, monthly in advance. The first payment due in terms of this agreement is payable on the date of signing this agreement;

4.4 Further payments will be made not later that the 1th (First) day of each successive month, alternatively on or before the date specified in the DEBIT ORDER AUTHORISATION, Cash deposit or EFT without any deduction or demand.

4.5 In the event of the subscriber authorising payment by way of debit order, DTTD will be entitled to draw against the subscriber’s banking account any other amounts which include but are not limited to administration fees pertaining to unpaid accounts, as well as all or any amounts due in terms of this agreement.

5 INCREASES IN FEES

5.1 DTTD will be entitled annually upon 1 (ONE) month’s written notice to the subscriber, should the necessity arise to increase monthly fees to accommodate increases in cost of service.

6 LIABILITY

6.1 DTTD will not be liable for any delay in rendering any of the services pursuant to this agreement or any failure to render such service irrespective of the reason for such delay or failure or any interruption, temporarily or indefinitely of any such service due, but not restricted or limited in any way whatsoever, to any strike, flood, riot, boycott, cessation of supply, fire, explosion, act of God or any other circumstances beyond the reasonable control of DTTD;

6.2 It is expressly agreed that the services rendered are for the purpose of facilitating communication between whistleblowers and the subscriber and not of eliminating any risk. DTTD will not be liable in contract or delict or otherwise of whatsoever nature (including both direct and consequential loss), for any loss, injury or Death arising from or caused by the failure by DTTD to perform any of its obligations herein, including any loss or injury attributable to any negligent act or omission of DTTD or its employees or agents and all such liability is expressly excluded.

7 OBLIGATION OF THE SUBSCRIBER

The subscriber will –

7.1 Actively propagate the service provided by DTTD to all employees, service providers, clients, and all other parties that may have information to report;

7.2 Safeguard all information received from DTTD;

7.3 Only make available received information to entities who agreed to safeguard it;

7.4 Adhere to the requirements of the Protected Disclosures Act and other labour legislation;

7.5 Ensure that the POC acts swiftly when contacted to ensure speedy solving of customer complaints.

8 BREACH

Should the subscriber be in default on any payments due in terms of this agreement and fail to remedy such default or breach within 7 (SEVEN) days after dispatch of a notice to remedy the breach, DTTD will be entitled, without prejudice, to any alternative or additional right of action or remedy available to DTTD under the circumstances, including the right to suspend the rendering of any services in terms of the agreement and to:

8.1 Claim immediate payment of all fees payable;

8.2 Cancel this agreement without notice and claim as liquidated damages payment of the balance of the total fees for the unexpired portion of this agreement.

9 MISCELLANEOUS

9.1 CERTIFICATE OF BALANCE
A certificate issued and signed by any Director of DTTD whose appointment need not be proved, stating any amount owed by the subscriber, is prima facie proof of the facts stated therein and may be used, inter alia in support of any application for default or summary judgement or provisional sentence.

9.2 SEVERABILITY
If any of the terms of this agreement are found to be held unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

9.3 VARIATION / WAIVER
No variation of, addition to, consensual cancellation or waiver on the part of either party will be of any force or effect, unless reduced to writing or signed by or on behalf of the subscriber as well as the duly authorised person appointed by DTTD.

9.4 CESSION, ASSIGNMENT, DELEGATION AND TRANSFER

9.4.1 The subscriber will not be able to assign, cede or transfer any right or obligation acquired in terms of this agreement in whole or in part to party or person without the prior written consent of DTTD;

9.4.2 DTTD may, without notice to the subscriber, delegate, cede or transfer all or any part of its right title and interest in and to this agreement to any party or person whatsoever

9.5 WARRANTIES
Neither party has given any warranty or made any representation to the other party, other that a warranty or representation which may be expressly set out in this agreement.

9.6 NOTICES / DOMICILLIUM
The subscriber hereby appoints the premises address, appearing in the agreement, as his/her/it’s chosen domicillium citandi et executandi, being the address to which DTTD may deliver all court notices, court processes or any other documents.

9.7 COSTS
All costs and disbursements, including legal costs on an attorney and own client scale, incurred by DTTD in tracing the subscriber or endeavouring to collect all or any amounts payable by the Client to DTTD or otherwise and all collection commissions and all other charges of a like nature are payable by the subscriber to DTTD on demand.

9.8 AUTHORITY
In the event of the subscriber being a juristic person, any natural person signing on behalf of such a juristic person, hereby warrants his/her authority to sign this agreement, it being within the scope of his/hers powers, objects and authority.

9.9 SURETY

9.9.1 In the event of the subscriber being a juristic person, the person signing on behalf of such a juristic person, hereby binds himself as surety and co-principal debtor in soiidum with the subscriber to DTTD, for the due and punctual performance by the subscriber of all its obligations to DTTD, whether presently due, owing and payable or becoming due, owing and payable in the future, and hereby waives and renounces –

9.9.1.1 any right to claim an account from DTTD before making payment;

9.9.1.2 any benefit which he/she as surety entitled to by law, without detracting from the generality of the a foregoing, including the benefits of –

9.9.1.2.1 excursion;

9.9.1.2.2 division;

9.9.1.2.3 cession of action;

9.9.1.2.4 full force and effect of which he acknowledges, he/she knows and understands

9.10 RESPONSIBILITY FOR PAYMENT

9.10.1 It is hereby recorded that the subscriber will be responsible for payment of all amounts due in terms of this agreement, notwithstanding any invoices being forwarded to another address provided by the Client or such signatory hereof, by DTTD.

9.11 CREDIT INFORMATION

9.11.1 The Client agrees that DTTD management shall be entitled to collect and process any personal information and/or consumer credit information about the subscriber, including but limited to conducting criminal and/or civil record checks and/or other checks (such as reference checks, qualification checks, credit checks) from time to time, at its discretion

9.11.2 The Client agrees that DTTD shall be entitled to retain and use such personal information and/or consumer credit information him/her, as the Company may from time to time require for its legitimate business purposes.

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