CREDIT SALVAGE CORPORATION SA (PTY) LTD (Hereinafter referred to as “CREDIT SALVAGE CORPORATION”) AND/OR THE ATTORNEYS NOMINATED BY THEM (HEREINAFTER REFERRED TO AS “THE ATTORNEYS”) With the power of attorney and substitution to render the necessary professional service (done by CREDIT SALVAGE) and legal services (done by “the attorneys” nominated by CREDIT SALVAGE)
- I confirm that I am aware that Credit Salvage Corporation SA (Pty) Ltd and/or the attorneys may withdraw as my agent and/or attorneys for good cause, or in the event of my failing to pay any fees or disbursements in terms of this agreement. In the event of nonpayment Credit Salvage Corporation SA (Pty) Ltd and/or attorney shall be entitled to retain all documentation in their possession, whether prepared by them or not, until the full amount outstanding in respect of administration and/or legal fees is paid. Work will only commence once the first payment has been paid into the nominated account. In the case of a debit check once the debit order is authenticated. No matter will be finalized until receipt of full payment of the actual administration fees and has been paid in full.
- I fully understand and agree that should Credit Salvage Corporation SA (Pty) Ltd and/or the attorneys be unsuccessful in obtaining any rescission, removal or updating of any judgment, adverse, default or any listing against me, I will not be entitled to a refund of any fees paid by myself. I further understand that it may not always be possible for Credit Salvage Corporation SA (Pty) Ltd and/or attorneys to be successful in the rescission, removal updating of any judgment, adverse, default or any listing against me, however, they will endeavor to positively upgrade these listings. I FURTHER UNDERSTAND THAT THIS PROCESS IN NO WAY GUARANTEES ME SUCCESS IN ANY FUTURE CREDIT APPLICATIONS, AS THE GRANTING OF CREDIT IS ENTIRELY AT THE SOLE DISCRETION OF THE REGISTERED CREDIT PROVIDER AND NOT AT THE DISCRETION OF THE REGISTERED CREDIT BUREAU.
- I confirm that should this mandate be terminated for any reason whatsoever, that Credit Salvage Corporation SA (Pty) Ltd and/or attorneys shall be entitled to charge wasted costs occasioned by any work already commenced by them, in addition to a cancellation fee of R750. Please note that once the matter has been handed over for collections, you will be liable for all collection costs.
- I hereby authorize Credit Salvage Corporation SA (Pty) Ltd and/or attorneys to conclude settlement negotiations with my various creditors. Should Credit Salvage Corporation SA (Pty) Ltd be successful in negotiating a reduced settlement amount payable by me to the creditor, I agree to pay Credit Salvage Corporation SA (Pty) Ltd the sum of 20% (twenty per cent) of the said saving as a negotiating fee. This negotiating fee shall be payable over and above the administration fees quoted. I hereby also appoint Credit Salvage Corporation SA (Pty) Ltd and/ attorneys to be my broker and that they, or their representatives, have the authorization to access any of my personal information, including credit bureau reports held by a registered credit bureau.
- To keep administration and legal fees to a minimum, I understand that Credit Salvage and the attorneys shall only contact me as and when necessary and only when progress is to be reported to me. In this regard, I confirm that any additional telephone calls and/or consultations made by me when enquiring about progress shall be payable by myself in addition to the administration and/or legal fees quoted.
Credit Salvage Corporation SA Contracted Services Agreement
This Credit Salvage Corporation SA Contracted Services Agreement (“Agreement”) is entered between Credit Salvage Corporation SA, a Randburg Johannesburg based company trading as Credit Salvage, with its registered office at 20 Spreeu Avenue Randparkridge 2156 (“Company”, “Credit Salvage”, or “we”), and the Customer or as identified within the signature block or as identified within your Credit Salvage online customer account (“Customer” or “you”). This Agreement contains, among other things, class action, arbitration, warranty disclaimers, liability limitations and use limitations.
1.0 Services
1.1 LENGTH
The term of this contract is valid for a maximum of 6 months (“Initial Term”). Failure to complete the agreed upon Initial Term shall result in financial charges related to an estimate of cost and services that are allocated in section 4.2. After the expiration of the Initial Term this Agreement shall not be renewed.
1.2 TOTAL COST OF YOUR AGREEMENT
You agree to pay Credit Salvage the amount as selected and set out in (the “Fees”) for the Services provided by it under this Agreement. The Fees will be payable in accordance with the payment schedule as set out in Schedule 3 to this Agreement. [The expenses for the performance of the Services will be included in the amount of Fees/The Purchaser will reimburse Credit Salvage for expenses reasonably incurred by it in the performance of its Services. Credit Salvage will provide reasonable documentation for all expenses as requested by the Purchaser.
Please be aware that the total cost for Services does not include any fees for any additional services selected or other charges and does not include any additional fees owed after the expiration of the Initial Term.
1.3 COST BREAKDOWN
Your first payment is as per your debicheck debit order instruction. (This includes a flat set-up fee if applicable). All subsequent months or periods shall be billed monthly and shall recur until the full contract amount has been repaid in full including debit order fees, collection charges (if any).
1.4 SERVICES
The “Services” offered by Credit Salvage may include credit clearance services, reduced settlement negotiations services, debt review removal services, credit bureau report services, or other services as offered through the Credit Salvage website and as selected by Customer.
2.0 Mutual Cooperation
2.1 TIMELY INVOLVEMENT
Oftentimes Credit Salvage shall require assistance or inputs from you to obtain paid up letters in the cases we see delays from creditors to provide such letters or any deliverables as selected by you. Please be aware that your cooperation is required, and we are not responsible for any delays in production related to abating paid-up letter delays imposed by your creditors.
3.0 Terms of Payment
3.1 BILLING SCHEDULE
You will be billed the amount set forth in Section 1.3 upon execution of this Agreement, and any monthly fees shall subsequently be billed on the same date each month (or the last day of a month should the agreement fall on the 29th, 30th, or 31st of a month).
3.2 Missed Payment and Contract Cancellation Clause
Monthly Payments: You agree to make regular monthly payments of your chosen installment on or before the chosen date of each month for the duration of this contract.
Late Payment Notification: In the event of a missed payment, you will be notified via a telephonecall, sms and email and you will be granted a grace period of 7 days days to make the overdue payment.
Consequences of Missed Payment: If you fail to make the payment within the grace period of 7 days, it shall result in an automatic breach of contract.
Contract Cancellation: Upon breach due to a missed payment, this contract will be subject to immediate cancellation at the discretion of Credit Salvage
No Refund Policy: In the case of contract cancellation due to missed payments, you agree that you shall not be entitled to a refund of any payments made prior to the breach.
Reinstatement: Reinstatement of the contract after cancellation due to a missed payment is subject to the sole discretion of Credit Salvage and may require payment of all outstanding balances and a reinstatement fee.
3.3 PROMOTIONAL RATE
For this agreement, you will receive a 6-month after-care service after your credit report is updated to a value of R2500. Credit Salvage is not required to offer any promotional rates for any Services and may discontinue or withhold any promotional rates at its discretion. The Free aftercare services relates to matters we have dealt with and will exclude assistance on any newly listed adverse credit bureau listings.
Promotional details:
After updates and/or removals are made to your bureau profile, you will be provided with free after-care services for six months.
3.4 CUSTOMER AGREEMENT TO PAY
You agree to pay all fees due and owing for any Services in a timely manner as set forth within this Agreement. Where you fail to timely pay any fees, Credit Salvage at its discretion may suspend your access to the Services or terminate this Agreement at its discretion.
3.5 COLLECTION COSTS
If we incur legal fees, costs, and disbursements to collect payments that are unpaid or overdue, you agree to reimburse us for these expenses related to such collection efforts.
4.0 Term and Termination
4.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of the date of signature and shall continue until terminated by either party subject to this Agreement. Except as provided otherwise within this Agreement, neither party may terminate this Agreement during the Initial Term. After the expiration of the Initial Term either party may terminate this Agreement by providing notice to the other party.
Credit Salvage reserves the right to terminate this Agreement immediately, at any time, if Customer fails to pay any Service fees in a timely manner or if Credit Salvage believes that Customer’s actions may or will harm Credit Salvage or a third party’s business interests.
5.0 General Provisions
5.1 DISCLAIMER
The Services are offered on an “as-is” and with all fault's bases. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control. The company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 INDEMNITY
Customer shall indemnify and fully hold harmless Company against all claims arising from its use of the Services or any breach of this Agreement. Where indemnity is triggered under this provision, Company reserves the right to select counsel and control litigation and settlement.
5.3 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE SIX MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT THE DAMAGES WERE REASONABLY FORESEEABLE.
5.4 MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable to the Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement
including Credit Salvage Terms of Service (terms and conditions) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. Where there is a direct conflict between this Agreement and the Terms of Service, this Agreement shall control. No agency, partnership, joint venture, or employment is created because of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. All written notices under this Agreement may be delivered to Credit Salvage at the address listed above (delivery proof required) and to the Customer through Customer’s Credit Salvage account or contact information provided to Credit Salvage by the Customer. This Agreement shall be governed by the laws of South Africa without regard to its conflict of law’s provisions. All disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law, or equity, shall be resolved by final arbitration before one arbitrator.
Our utmost priority is safeguarding your personal and confidential information, and we are dedicated to upholding this commitment in full accordance with the Protection of Personal Information Act No. 4 of 2013. Credit Salvages employs robust ICT security measures to guarantee this level of protection.
