SIGNA GROUP’S CUSTOMER REFERRAL PROGRAM

 

Terms and Conditions

 

This Agreement sets forth the terms and conditions governing the referral program operated by Signa Group.

 

  1. Acceptance of Agreement

By participating in the Company’s Referral Program and providing Leads, the Referrer acknowledges that they have read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement.

 

  1. Definitions

“Agreement” refers to the terms and conditions of Signa Group’s Client Referral Program entered into between Company and the Referrer set out in the Form.

“Commission” refers to a percentage of the amount received by the Company for Qualified Leads, as more fully set out in the Agreement.

“Company” refers to Signa Group (Pty) Ltd (Reg No: 2015/220495/07), a private company duly incorporated with limited liability and registered in accordance with the company laws of the Republic of South Africa and its subsidiary companies.

“Confidential information” refers to all information marked confidential, restricted or proprietary, customer information, supplier information, strategic information and information regarding operations, plans, designs, drawings, functional and technical requirements and specifications, Intellectual Property and any other commercially sensitive information.

“Form” refers to the Company’s online referral lead form.

“Intellectual Property” – means all present and future rights in relation to the products, services and systems, including but not limited to copyright, designs, know-how, patents, trademarks, trade secrets, reputation and goodwill and Confidential Information.

“Lead” refers to a potential client/customers referred by the Referrer.

“Parties” collectively refers to the Company and the Referrer.

“POPIA” refers to the Protection of Personal Information Act, 4 0f 2013 as amended from time to time.

“Qualified Lead” refers to a Lead that results in the sale of products and/or services delivered and/or performed by the Company to a client/customer.

“Referral Program” refers to the program operated by the Company, which allows Referrers to submit leads for potential customers.

“Referrer” refers to the individual participating in the Referral Program by providing Leads.

 

  1. Participation
    • The Referral Program is open to individuals and companies working in, with or outside of the Company and who are of legal age (if applicable) to enter into this Agreement.
    • To participate in the Referral Program, the Referrer must complete and submit the Form provided by the Company.

 

  1. Commission terms
    • The Company may offer Commission to Referrers for Qualified Leads as determined by the Company and in its sole discretion.
    • The Referrer will only be eligible for payment of Commission for a Lead upon meeting the following conditions:
      • The Referrer completed all required information pertaining to the Lead on the Form; and,
      • The Lead resulted into a Qualified Lead; and,
      • An invoice generated from a Qualified Lead has been paid to the Company, and the Company received a proof of payment confirming same.
    • Upon confirmation that all conditions above have been met, the Referrer will receive a once-off payment in Commission equal to 5% (five percent) of the total invoice amount for the Qualified Lead.
    • The commission amount will be paid to the Referrer within 30 (thirty) calendar days from the date on which the invoice for the Qualified Lead was paid.

 

  1. Obligations of the Referrer
    • The Referrer must ensure that prior written consent was obtained from the Lead, before submitting the Lead’s information to the Company. The Parties regard this to be a material term of this Agreement.
    • If the Referrer fails to adhere to this term or fails to provide the written consent on request from the Company, the Company may, at its sole discretion, terminate the Agreement and reserves the right to seek the appropriate legal relief for any damages or loss that may arise as a result hereof.
    • The Referrer shall comply with all applicable laws and regulations, including but not limited to the laws of the Republic of South Africa in terms of this Agreement.
    • By submitting the Form, the Referrer confirms that the information provided is true, accurate and complete.
    • The Referrer shall not engage in any form of spamming or unsolicited communications when promoting the Referral Program. Any such behaviour may result in immediate termination of the Referrer’s participation in the Referral Program.

 

  1. Intellectual Property

The Company retains all rights, title, and interest in all Intellectual Property associated with this Agreement.

 

  1. Confidentiality
    • The Parties shall treat any Confidential Information received or obtained during the referral program as strictly confidential and shall not disclose it to any third party without prior written consent, except as required by law.
    • The obligations of confidentiality shall survive the termination of the Agreement.

  1. POPIA
    • The Parties agree to comply with the requirements of POPIA, as applicable to the collection, use, and processing of personal information obtained through the Referral Program.
    • The Referrer represents and warrants that they have obtained the necessary consents, where required, to collect and provide personal information of potential customers to the Company. The Referrer shall not provide any personal information without the appropriate consent or as otherwise required by law.
    • The Referrer shall maintain records of all obtained consents and provide them to the Company upon request.
    • The Company shall implement reasonable appropriate technical and organizational measures to safeguard the personal information provided by the Referrer in accordance with the requirements of POPIA. The Company shall only use personal information for the purposes of the referral program and as otherwise permitted by law.
    • The Referrer acknowledges and agrees that personal information provided may be transferred to and processed in countries outside of South Africa where personal information is stored by third party services providers on their behalf. The Company shall ensure that reasonable safeguards are in place to protect such personal information in accordance with POPIA and the applicable international data protection laws.
    • The Company shall retain personal information provided by the Referrer for the duration necessary to fulfil the purposes of the referral program, unless a longer retention period is required by law or justified for legitimate business purposes.
    • In the event of a personal data breach affecting personal information provided by the Referrer, the Company shall notify the Referrer without undue delay and attend to the matter in accordance with its policies, processes and obligations under POPIA.

 

  1. Limitation of Liability & Indemnification
    • To the extent permitted by law, the Company, its directors, employees, and agents will not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of the Referrer’s participation in the Referral Program.
    • The Referrer agrees to indemnify and hold the Company, its directors, employees, and agents harmless from any claims, damages, losses, or liabilities arising out of or in connection with any breach of the Referrer’s obligations, including but not limited to data protection laws and obtaining necessary consents.

  1. Dispute resolution
    • In the event of any dispute or disagreement arising from or relating to this Agreement, the Parties shall attempt to resolve it amicably through good-faith negotiations.
    • If the dispute cannot be resolved through negotiations, the Parties agree to submit to binding arbitration in accordance with the rules of a recognised arbitration institution in South Africa.

 

  1. Breach & Termination

If any party commits a material breach of any provision of this Agreement, and the breach is capable of remedy, the non-breaching party may serve a written notice to the breaching party, specifying the breach and providing a reasonable opportunity of 14 (fourteen) calendar days to remedy the breach. If the breaching party fails to remedy the breach within the specified period, the non-breaching party shall be entitled, at its discretion and without prejudice to any other remedies available in law, to:

    • Terminate this Agreement with immediate effect; or,
    • Seek specific performance of the breached provisions; and/or
    • Claim damages, either separately or in conjunction with the above options.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.


  1. Additions & variations
    • The Company reserves the right to amend, add and/or modify this Agreement at any time and without any notice to any prospective Referrers. It is the Referrers responsibility to review the revised terms regularly. The Referrer’s continued use of the Form after any amendments, additions and/or modifications to this Agreement, constitutes the Referrer’s acknowledgment and acceptance of the revised terms and conditions of the Agreement

  1. General
    • Notwithstanding the above clause, no addition to or variation, deletion, abandonment or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by the Parties.
    • No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulation alteri) who is not a party to this Agreement.
    • This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of the Parties.
    • No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from this Agreement, shall in any circumstances be construed to be an implied consent or election by such Party or operate as a waiver or a novation of or otherwise affect any of the Party’s rights in terms of or arising from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
    • The relationship between the Parties shall not be construed as founding a partnership, joint venture, agency or employment agreement, or constituting any Party as the partner, agent or representative of any purpose whatsoever, further that neither Party shall have the authority, express or implied, to assume any rights or incur any obligations for and on behalf of the other, or to bind the other in any manner whatsoever. There is no joint and several liabilities on the part of either party and each party shall be liable for those obligations provided for in this Agreement.

 

By submitting the Form, the Referrer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.