A. It is recorded that you have applied to be appointed as a consultant on the Get Set Strategy (Pty) Ltd (“Get Set”) panel (“Panel”), on the terms and conditions set out in this document.
B. These terms (“Terms”) are effective from the date on which Get Set notifies you, in writing, of your appointment as a Panel Member, which appointment Get Set made based on the representations by you that you possess the necessary skills, knowledge, capacity and ability to perform works associated with the business of Get Set and for its clients (“Clients”).
1. GET SET’S OBLIGATIONS
Get Set shall:
1.1 in its sole discretion and election, contact you should it source work that is suited to your level of skill and experience, in order to assess whether you would be suitable for purposes of executing the work sourced, and if it deems appropriate, offer you such work;
1.2 in accordance with clause 2.25, invoice a Client, on your behalf, in respect of your work;
1.3 pay to you all amounts collected from Clients on your behalf on the 25th day of the month in which they are received by Get Set; or, if received between the 25th day and the end of the month, on the 25th day of the month following receipt; and
1.4 assign to you a Get Set email account (“Email Account”).
2. PANEL MEMBERS’ OBLIGATIONS
You shall:
2.1 carry out all work for Clients in compliance with:
2.1.1 these Terms and Conditions as between Get Set and its Panel Members (“Terms”);
2.1.2 the Get Set Terms of Service as between Get Set and its Clients “Terms of Service”);
2.1.3 the Panel Members Terms on which Clients engage Get Set Panel Members “Panel Members Terms”;
2.1.4 the Get Set Website Terms of Use (including the Privacy Notice referred to therein) published on the Get Set website (getsetstrategy.com) “Website Terms of Use”; and
2.1.5 the Get Set Practice Guidelines “Practice Guidelines”, containing Get Set’s best practice which has been developed over time.
2.2 conduct yourself with honesty and integrity, and at all times in a manner that is appropriate for a fractional CMO (“fCMO”)of your experience;
2.3 refrain from any conduct that might bring the name of Get Set, its Panel Members, directors, shareholders or other related persons into disrepute;
2.4 perform work for Clients with due care, diligence and skill;
2.5 ensure that you are, and remain, up to date with all relevant trends, updates and improvements in your field;
2.6 comply with all laws, regulations, and professional codes and rules that are relevant to you and the work for which you are engaged;
2.7 be responsible for your own business and tax affairs;
2.8 not be entitled or eligible to participate in any benefits or privileges provided by the Client to its employees;
2.9 charge a rate agreed between you, Get Set and the Client from time to time;
2.10 keep accurate records of time spent working for Clients in the prescribed form;
2.11 submit to Get Set, on the 20th day of each month, a record of your time spent working for its Clients (and any additional information which may be relevant to the billing process) in the prescribed form;
2.12 not charge clients any disbursements not agreed to by Get Set. In this regard, all travel and accommodation costs are for your own account. In limited circumstances, should you need to travel more than 50 kms on a client’s request, Get Set will ask for signoff of your travel and accommodation costs from the client.
2.13 upon your appointment as a consultant of Get Set, and in any event no later than 21 days from such appointment, but always prior to the commencing of any work for any Clients as a Panel Member of Get Set,
2.13.1 properly install and use the Email Account, including the prescribed Get Set auto-signature for all correspondence with Clients, Panel Members and other relevant parties;
2.13.2 install the video call background for all calls with Clients, Panel Members and other relevant parties; and
2.13.3 formally declare your affiliation with Get Set in all social and business media in which your profile appears;
2.14 notify Get Set immediately of the termination or cancellation of any relationship between you and a Client as soon as you become aware thereof;
2.15 notify Get Set immediately of your inability to perform in terms of any agreement between Get Set and/or you and a Client as soon as you become aware thereof;
2.16 when dealing with a Client or prospective Client, not refer work or services to colleagues of service providers outside of the Panel or approved service provider list, save where there are no people on the Panel or list with the relevant skills and Get Set has agreed to such referral;
2.17 when receiving a referral to a prospective Client from a Client, inform Get Set of such referral so that it may engage with such prospective Client to conclude the Get Set Terms of Service with such prospective Client and load the required details onto its systems. You shall not engage a Client or a prospective Client introduced by Get Set or its Clients without the involvement and/or approval of Get Set (which prohibition will survive for 24 months following termination of your relationship with Get Set and the termination of these Panel Members Terms);
2.18 when briefing a Panel Member to perform work for a private client of yours, do so only through Get Set. In this regard, you will be treated as a Client;
2.19 not undertake, nor procure, any services for a Client other than through Get Set and then only in accordance with the Panel Members Terms and the Get Set Terms of Service, and inform Get Set timeously of the provision, or intention to procure, further services for a Client. For the avoidance of doubt:
2.19.1 the performance of such further work or services shall be governed by these Panel Members Terms and the Get Set Terms of Service, irrespective of whether you have complied with your obligation to inform Get Set thereof; and
2.19.2 this clause shall survive the termination or cancellation of these Terms and/or termination of your position on the Panel and shall apply for 24 months after such termination or cancellation;
2.20 if you breach your obligation to inform Get Set of the provision of work or services by you to one of its Clients as stipulated in 2.17, and as a result Get Set does not receive a fee, be liable to pay to Get Set the larger of the sum of R50,000.00 as damages, or the sum of the actual damages incurred;
2.21 in the event of termination or cancellation of these Terms by either party,
2.21.1 immediately cease to hold yourself out as a Panel Member, to act as a Panel Member for any Client, and refrain from performing services for any Client of the nature of the services offered by Get Set and its Panel Members, for a period of 12 months following such termination or cancellation; and
2.21.2 hand all work done in respect of the Client to Get Set, and delete any records held on your own devices.
2.22 clauses 2.19, 2.20 and 2.21 will not apply in circumstances where the Client was introduced to Get Set by you, provided that you notify Get Set of your intention to do work for such Client after having left the Panel;
2.23 have no ownership of Get Set intellectual property (“IP”) and not use Get Set IP for any reason or at any time other than to fulfill your duties to Clients in accordance with an engagement with Get Set. For the avoidance of doubt, Get Set IP includes but is not limited to material displayed on its website, strategy workshop questionnaires, technology tools, presentations and templates, practice guidelines, marketing materials, SOPs, any and all information in relation to technology, business and otherwise, any patent, trade mark or design which has been registered or is capable of being registered in any national intellectual property office or association as well as any copyrightable works, trade secrets, know-how and other confidential information;
2.24 not retain IP in respect of work produced by you for Clients. All intellectual property rights in such work produced passes to Clients on receipt of payment in full by Get Set and may not be used again by you;
2.25 authorise Get Set to:
2.25.1 invoice the Client on your behalf; and
2.25.2 take reasonable steps to obtain payment of its invoices for your fees (due within 30 days of invoice as per the Get Set Terms of Service);
2.26 not, without the prior written consent of Get Set and the facilitation of its appointed media representative, communicate online, at conferences or with the media:
2.26.1 in relation to your association with Get Set, any Client/s, any matter in which you have worked as a Panel Member or any matter arising directly or indirectly as a result of public relations endeavours undertaken by Get Set; or
2.26.2 under the Get Set brand or otherwise; and
2.27 acknowledge that you are not a partner, agent or an employee of Get Set, and are not entitled to any rights and/or benefits bestowed upon employees by law, and as such these Terms are not subject to or regulated by any employment laws or regulations;
2.28 immediately inform Get Set in writing of any legal or other proceedings anticipated ot instituted in connection with any matter that forms part of the services to Clients or any matter related thereto or under these Terms; and
2.29 not hold yourself out to any third party as being authorised by Get Set to bind it to any contractual arrangement.
3. CONFIDENTIALITY AND INFRASTRUCTURE
3.1 For the purposes of these Terms, any reference to “confidential information” shall mean:
3.2 all information owned by and/or relating to Get Set, and other material and which is disclosed to you in furtherance and execution of any engagement with you in accordance with these Terms; and
3.3 all information owned by and/or relating to a Client and which is disclosed to you by the Client in furtherance or execution of any engagement with you in accordance with the Get Set Terms of Service, as the case may be, and shall include, without limitation, IP, information relating to the contact information of Clients, instructions received from Clients or the like, its business strategy, operations and performance, its legal transactions, its technical know-how and data, methods, databases, supplier information, technology infrastructure, processes and procedures, and its finances.
3.4 You acknowledge that, in the course of your relationship with Get Set, you may become privy to its confidential information. In this regard you will treat all of Get Set’s confidential information as strictly secret and confidential, even after the termination of these terms, and, if requested by Get Set at any time, return to Get Set and / or delete or destroy any confidential information in your possession in whatever form and provide evidence to such destruction.
3.5 You are permitted to use devices (including PCs, laptops, tablets and smartphones) of your choosing to carry out work for Clients subject to the following terms which protect against basic software vulnerabilities and unauthorised physical access:
3.6 To ensure the safety and security of Get Set’s technology infrastructure, its confidential information and the confidential information of its Clients, you shall, in respect of each device:
3.6.1 enable the most secure password, pin-protection or biometric authentication facility available on the device;
3.6.2 when choosing a password, choose one that is validated as ‘strong’ by such device. In this regard, passphrases (minimum 8 characters) are most secure;
3.6.3 enable the device to automatically lock itself with a screensaver if idle for more than five minutes, which requires password, pin or biometric authentication to reopen;
3.6.4 enable disk encryption;
3.6.5 activate an antivirus for disk and web access;
3.6.6 enable automatic software updates for operating systems and core applications so that they update as and when updates become available; and
3.6.7 take any further steps, whether required by Get Set or not, that may be reasonable and available to you to prevent unauthorised access and/or use of the device by a third party.
3.7 You are solely responsible for all costs associated with your device(s). Get Set shall not be liable for any damage to your device(s) or loss of any personal or other data from your device(s).
3.8 Should a device be lost or stolen, you shall report same to Get Set and your mobile carrier within 12 hours of you becoming aware of the loss or theft of such device.
3.9 Your access to Get Set’s technology infrastructure may be terminated and your device(s) may be remotely wiped of confidential information if:
3.9.1 your device(s) is / are lost or stolen;
3.9.2 the contractual relationship between you and Get Set has been terminated; and / or
3.9.3 Get Set detects a data breach, a breach of these Terms, a virus or similar threat to its technology infrastructure, or confidential information.
4. PROTECTION OF PERSONAL INFORMATION
For the purposes of these Terms “personal information” shall mean any personally identifiable information generally accepted as such in applicable data protection laws.
4.1 You acknowledge that Get Set requires certain personal information from you from time to time.
4.2 Your personal information will be used for the purposes set out in our Privacy Notice (available on the Get Set website) and in order to:
4.2.1 assess and verify your suitability as a Panel Member (including, for example, your curriculum vitae, details of your tertiary qualifications, professional background, practical experience, details relating to your referee(s) and any criminal record that you may have);
4.2.2 give effect to these terms (including, for example, your full name, identification / passport number, tax number, telephone and mobile numbers, email addresses, postal and residential addresses, banking details and your preferred working conditions;
4.2.3 to comply with applicable laws;
4.2.4 promote you as a Panel Member as and when determined by Get Set;
4.2.5 promote the business of Get Set during the currency of these terms; and
4.2.6 give effect to the Consultant Terms and/or the Get Set Terms of Service.
4.3 You undertake to provide Get Set with any personal information where such information is reasonably required by Get Set.
4.4 In some instances, Get Set may be required to conduct, or Clients may want to conduct, checks on you. Such checks may include Get Set or our Clients processing special personal information (as defined in applicable data protection laws) about you such as criminal background (including alleged criminal conduct) and political affiliations. This information is used in order to determine your suitability to join Get Set, for internal compliance and/or legal obligation purposes for example anti-financial crime and sanctions. You hereby consent to Get Set and/or its Clients (including any third party background check service providers) processing such special personal information and warrant that Get Set shall be entitled to process and provide such personal information to its Clients and any background check service providers without seeking any further permissions or consents from you and / or any relevant third parties.
4.5 You undertake to notify Get Set in writing of any information provided by you in terms of 6.2 that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”) so that such information may be corrected or deleted accordingly, and accept that Get Set cannot be held responsible for the consequences of processing defective information where it is not aware of the nature and extent of the defects in such information.
4.6 You accept that:
4.6.1 personal information that you submit for publication on the Get Set website (getsetstrategy.com) or in any online or print media, whether by way of a comment or an article, will or may be published on the internet (as the case may be) and may be available, via the internet, around the world; and
4.6.2 Get Set cannot prevent the use or misuse of such information by others.
5. GENERAL
5.1 If you are approached with an offer of engagement or professional instruction from a third party that you believe could give rise to a conflict of interest (whether perceived or real) between you and Get Set, or between you and a Client, or because the business of the said third party is similar to or competes with Get Set, you are requested to notify Get Set for the purpose of allowing it to consult with you to determine whether the said engagement or instruction could give rise to any such conflict, and if so, how best to proceed.
5.2 You shall not be entitled to cede, assign or sub-contract any of the obligations or rights under these Terms, or any work you are engaged to do for any Clients, without the prior written consent of get Set, which it may withhold in its sole discretion.
5.3 Either Get Set or you may terminate these terms on 10 working days’ written notice to the other.
5.4 Get Set does not run credit history checks on its Clients and does not warrant or guarantee that its Clients are able to, or will, pay for services rendered when payment is due, or at all.
5.5 For the purposes of these terms, “Client” means any individual, legal entity or business (including its officers in their personal capacities) which has at any stage been in contact with Get Set in connection with the provision of services by Get Set and/or its Panel Members to such individual, legal entity or business; or any business acquired by it.
5.6 Notwithstanding anything to the contrary which may be contained in these terms, Get Set shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on its part.
5.7 You hereby indemnify Get Set and hold it harmless in respect of any loss, damage, liability, costs and / or expenses of whatsoever nature which Get Set may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and / or expenses of any nature whatsoever suffered or incurred by Get Set as a result of any claims brought against the Client, Get Set or yourself by any third party. Your liability under this indemnification shall be in addition to your liability to Get Set on account of any breach of contract or in delict.
5.8 Get Set shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of performing, and suffered in the performance of, any services to Clients at the Client’s premises at the Client’s request.
5.9 These Terms are standard terms and conditions which apply between Get Set and each of its Panel Members, and they may, in the sole discretion of Get Set, and on reasonable notice to you, be amended from time to time.
5.10 The terms set out in this document (as may be amended from time to time) constitute the entire agreement between the parties hereto in regard to its subject matter. Neither such party shall have any claim or right of action arising from any undertaking, representation or warranty not included in these terms.
5.11 Save for any amendments made by Get Set to these Terms from time to time, no agreement to vary, add to or cancel these Terms shall be of any force or effect unless recorded in writing and agreed by or on behalf of both Get Set and the Panel Member. In this regard, these Terms will be the only agreement between Get Set and its Panel Members.
5.12 These terms shall be governed by the laws of the Republic of South Africa.
5.13 The parties agree that this agreement may be electronically signed by the completion of this form and the checking of a checkbox indicating acceptance. The parties agree that the completion of the form and checking of the checkbox to accept these terms are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
On your, the undersigned client’s, request from time to time, Get Set Strategy (Pty) Ltd (“Get Set”) will introduce you to consultant/s from its panel (“Panel Members”), who will provide marketing strategy, marketing, related or otherwise agreed services (“the services”) to you as independent contractors in accordance with these terms (the “Panel Members Terms”) (which will govern all and any services provided to you or any person associated to you by any consultant).
1. RELATIONSHIP BETWEEN THE PARTIES
1.1 On each request, Get Set will put forward one or more Panel Members to perform the services. On your approval of the proposed consultant, these Panel Members Terms will apply to your relationship with such Panel Members.
1.2 No employment relationship will come into existence between you and the Panel Members, and they will act as independent contractors to you. No laws or codes that regulate the relationship between employers and their employees will be applicable to you.
1.3 The Panel Members will be responsible for their own income tax and other related taxes with respect to all compensation payable in terms of these Panel Members Terms and they will not be entitled, or eligible, to participate in any benefits or privileges provided by you to your employees.
2. PANEL MEMBERS’ OBLIGATIONS
The Panel Members will, while performing the services:
2.1 adhere to the reasonable instructions as given by you from time to time;
2.2 maintain the necessary skills and experience to perform the services, save where they advise you that other specialized services and / or advice (of a marketing nature or otherwise) are required;
2.3 work remotely or at your premises or other locations as agreed with you and as necessary;
2.4 adhere to the strictest confidentiality with regards to all aspects of the services;
2.5 maintain professional standards of conduct in relation to the services;
2.6 be solely liable and responsible (to the exclusion of Get Set) for:
2.6.1 the proper performance of the services; and
2.6.2 the administration of their own business affairs.
3. YOUR OBLIGATIONS
You will:
3.1 provide the Panel Members with clear and reasonable instructions in relation to the services;
3.2 provide the Panel Members with all information and documents reasonably required by them to carry out the services (subject to 7 below); and
3.3 make payment in accordance with 4 below.
3.4 You will not procure the provision of any services from the Panel Members other than in accordance with these Panel Members Terms and will inform Get Set in advance of your intention to procure any further services. Any such further services will be governed by these Panel Members Terms, whether or not you have complied with the said obligation to inform Get Set thereof.
4. PAYMENT
4.1 For the duration of these Panel Members Terms, the Panel Members will keep accurate records of the services rendered, including time spent doing so.
4.2 Get Set will invoice you as set out in the Terms of Service.
4.3 Any regular payment of such monies, whether by EFT/wire, cheque or via payroll, will not constitute a monthly salary in respect of the consultants, nor create any expectation or perceptions of being such.
4.4 Apart from the amounts invoiced as set out above, the Panel Members will not be entitled to receive any further monies or any benefits of whatsoever nature from you arising from the services in accordance with these Panel Members Terms.
5. BREACH
Should either party commit a breach of any provision of these Panel Members Terms and fail to remedy such breach within 7 (seven) days of receiving written notice from the other party requiring it to do so, then the party aggrieved by such breach will be entitled, without prejudice to its other rights at law, or in terms of 6 below, to claim specific performance and / or damages.
6. TERMINATION
6.1 Either party may, in its sole discretion, terminate the services, on no less than 10 (ten) working days’ written notice to the other party.
6.2 Subject to 11.6 below, termination by notice in accordance herewith will not create any rights of renewal or consideration for any periods not completed, or any related obligations.
7. RESOURCES
7.1 To the extent that the Panel Members work on your premises, they acknowledge that your resources, including servers, computers, work stations, monitors, printers, phones, postal services, e-mail facilities and internet facilities (“the resources”) are for conducting your business.
7.2 The Panel Members will have no expectation of privacy in relation to the use of the resources provided by you.
7.3 The Panel Members understand and accept that you may, at your discretion, monitor their use of the resources and intercept, acquire, read, view, inspect, record and / or review any and all communications created, stored, transmitted, spoken, sent, received or communicated by the Panel Members on, over or in the resources or otherwise. The Panel Members hereby expressly consent to you doing so.
8. INFORMATION EXCHANGED BETWEEN YOU AND THE PANEL MEMBERS
8.1 For the purposes of 8, any reference to “information” will mean “personal information” as defined in the Protection of Personal Information Act (Act No. 4 of 2013), regardless of form, insofar as such information relates to you, your business or affairs, employees, directors, clients, suppliers and / or third parties.
8.2 The Panel Members will require information from you from time to time to provide you with the services you require and you undertake, subject to 8.4, to provide or arrange access to such information for the Panel Members as and when necessary. You accept that this information will only be used by the Panel Members to enable them to provide the services that you require.
8.3 Unless otherwise agreed between you and the Panel Members in writing and subject to these Panel Members Terms, the Panel Members will treat information provided by you in terms of this clause 8 as confidential.
8.4 You warrant that you will at all times have the necessary authority, permissions, and / or licenses to provide information in terms of 8.2, including but not limited to authority, permissions and / or licenses to provide information relating to third parties.
8.5 You undertake to notify the Panel Members in writing of any information provided by you in terms of 8.2 that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”). Upon receiving such written notification, the Panel Members will correct or delete the defective information and, if necessary, inform Get Set accordingly. You accept that the Panel Members cannot be held responsible for using defective information where they are not aware of the nature and extent of the defects in such information.
8.6 You consent to the Panel Members using the information provided by you in terms of 8.2 for the purposes set out therein and retaining such information until such time that you request in writing the destruction or deletion thereof.
8.7 All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by the Panel Members as a result of the provision by them of the services will only pass to you upon receipt by the Panel Members and / or Get Set (as the case may be) of payment of all fees and disbursements which may be owed or owing, in full, without set-off or derogation, in accordance with these Panel Members Terms.
8.8 You accept that information that the Panel Members collect about you may be:
8.8.1 stored and processed in and transferred between any of the countries in which they and/or Get Set operate in order to enable them to process such information in accordance with these Panel Members Terms; and
8.8.2 transferred to or between various countries internationally as a consequence of them using information technology hosted or operated by a third party in or from such countries to store and/or process any information in their possession or under their control, which countries may not have data protection laws that are equivalent to those in force in the jurisdiction in which you reside. Get Set shall, as far as reasonably practicable in the circumstances, use information technology hosted or operated by a third party in or from countries whose data protection laws are equivalent to those in force in the jurisdiction in which you reside.
8.9 This clause 8 will survive the termination or cancellation of these Panel Members Terms for any reason whatsoever.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1 Notwithstanding anything to the contrary which may be contained in these Panel Members Terms, the Panel Members will not be liable for any direct or indirect (including, without limitation, consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to:
9.1.1 the services or any other work performed by a Panel Members;
9.1.2 any act or omission on the part of Get Set or a Panel Members; and/or
9.1.3 any breach, fault or negligence on the part of Get Set or a Panel Members.
9.2 You hereby indemnify the Panel Members and hold them harmless in respect of any claims brought against them, Get Set or an employee or officer of Get Set, by a third party for loss, damage, liability, costs and / or expenses of whatsoever nature incurred as a consequence of or arising from or attributable to the services or any other work performed by a consultant, employee, officer or agent for you, your employees, officers or agents.
10. ASSIGNMENT
Neither party may assign any of its rights or obligations contained in these Panel Members Terms to any third party.
11. GENERAL
11.1 Remedies Unless the contrary is stated herein, no remedy conferred by these Panel Members Terms is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy will be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy by any of the parties will not constitute a waiver by such party of the right to pursue any other remedy.
11.2 Severance If any provision of these Panel Members Terms which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
11.3 Entire Agreement These Panel Members Terms constitute the entire agreement between the parties in regard to its subject matter. Neither of the parties will have any claim or right of action arising from any undertaking, representation or warranty not included in these Panel Members Terms.
11.4 Variations No agreement to vary, add to or cancel these Panel Members Terms will be of any force or effect unless agreed to in writing by or on behalf of the parties.
11.5 General Cooperation The parties will cooperate with each other and execute and deliver to the other party such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of these Panel Members Terms.
11.6 Survival of Rights, Duties and Obligations
Termination of these Panel Members Terms for any cause will not release either party from any liability which at the time of termination has already accrued to the other party or which thereafter may accrue in respect of any act or omission prior to such termination.
11.7 Governing Law and Submission to Jurisdiction These Terms will be governed by and construed in accordance with the laws of South Africa:
11.7.1 Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
11.7.2 The Parties hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of all matters and proceedings arising out of, pursuant to or in connection with these Terms.
11.8 Electronic signatures
The parties agree that this agreement may be electronically signed by the completion of this form and the checking of a checkbox indicating acceptance. The parties agree that the completion of the form and checking of the checkbox to accept these terms are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
