The following terms have the meanings assigned to them in this clause and cognate expressions shall have corresponding meanings, namely:
1.1 “Agreement” means the/this Agreement, Annexures and schedules, if any.
1.2 “Business Day” means any day other than a Saturday, Sunday or an official public holiday in the Republic of South Africa.
1.3 “Guest” means the person you have chosen to take to the initial Training, as permitted in terms of this agreement.
1.4 “Party” or “Parties” means one of the parties cited in this Agreement or a collection of the parties in terms of this agreement.
1.5 “Signature Date” means the date on which this Agreement is signed by the last Party signing.
1.6 “The Company” or “Our” means Riches and Beyond (Pty) Ltd, a profit company registered and incorporated under the company laws of the Republic of South Africa with registration number 2020/177871/07.
1.7 “You” or “Your” refers to the Client signing this Agreement.
1.8 “EFT” means electronic funds transfer.
1.9 “Expiry” means the date on which the Pro Forma Invoice expires.
1.10 “Fees” means the fees described in clause 5 of this Agreement applicable for the elected Training, and further defined in Clause 5 of this Agreement.
1.11 “Training” means the relevant training course, coaching and or mentorship programmes as further described in Clause 3 of this agreement, as elected by you, to be delivered by the Company in terms of this Agreement.
1.12 “Customer” means a person or business purchasing a service and/or and electronic courses.
1.13 “Masterclass” means a 3-day event.
1.14 “Mentorship” means 12 sessions conducted over a period of 6 months that is marketed during the masterclass.
1.15 “Debtor “means that your account is overdue, you shall be referred to as the debtor.
1.16 “Discounts” means that all discounts applied to package pricing. It should be noted that all discounts applied to in the Pro forma Invoice is only valid for a period of 30 calendar days. Should the payment not be made within the 30 days, the applied discounts will be voided. As a result, the package will default to the original package pricing.
1.17. “Incidental Agreement” means an agreement, irrespective of its form, in terms of which an account was tendered for goods or services that have been provided to the consumer, or goods or services that are to be provided to a consumer over a period of time and either or both of the following conditions apply:
1.17.1 A fee, charge or interest became payable when payment of an amount charged in terms of that account was not made on or before a determined period or date; or
1.17.2 Two prices were quoted for settlement of the account, the lower price being applicable if the account is paid on or before a determined date, and the higher price being applicable due to the account not having been paid by that date.
2.2 You hereby agree that it is your responsibility to ensure that the applicable course is suitable for your individual needs prior to the Signature Date of this Agreement.
2.3 The payment is for a one-year license of the Riches and Beyond material.
2.4 Guarantee: That you may cancel as per Clause 4.3. After this time, you will be bound to personally guarantee payment and to settle amounts as per original payment terms agreed to previously
3.1 Should you be unable to attend:
3.1.1 Master Class – Riches and Beyond can reallocate a different upcoming date.
3.1.2 Mentorship session – Riches and Beyond will provide you with a recording of the missed session.
3.2 If for any reason you are not able to attend the 3 consecutive days in the masterclass, you will not be eligible for a refund for any day of training that you have missed.
3.3 After each mentorship session a recording of the session will be sent to you. If you have missed a mentorship session for whatever reason, the onus is on you to access the course content for that session. It is important to note that once you receive access to our material you will not be eligible for a refund.
4. Commencement, Duration and Termination
4.1 Commencement: This agreement shall commence on signature date and will continue for as long as the Training is being provided to you by the company or until terminated in accordance with the terms of this agreement.
4.2 Once this Agreement has expired and you elect to attend additional training you hereby acknowledge and accept that a new agreement shall be concluded between parties and you take note that Fees are subject to change from time to time.
4.3 Your Termination rights and Refund Policy: In addition to any other rights to terminate and or cancel this Agreement, if applicable, you may cancel this Agreement and apply for a refund, on the terms set out below. Timeframe for cancellation and request for refund:
4.3.1 Within 7 calendar days from Signature Date or Payment date, whichever comes first.
4.3.2 After 7 days a 10% admin fee will be charged for payments made should you qualify for a refund.
4.3.3 After 14 days no refund will be considered. The deposit may be used towards any another product offer by the company.
4.3.4 After access is granted to course material, no refund will be considered.
4.3.5 After commencement of the Training no refund will be considered.
4.4 Company’s Termination rights: The Company reserves the right to terminate this Agreement immediately, if:
4.4.1 There is insufficient demand;
4.4.2 You are in breach of your obligations in terms of this Agreement; and / or
4.4.3 You have failed to pay the Fees due.
4.5 Effect of termination: upon termination of this Agreement for any reason:
4.5.1 You and your Guest shall not be entitled to attend the Training
4.5.2 The termination or expiration of this Agreement shall not affect any liabilities or obligations, including, without limitation, limitation of liability and indemnification obligations, which arose pursuant to the terms of this Agreement prior to the date of termination of this Agreement.
4.6 The provisions of the following clauses shall survive the expiry or termination of this Agreement are clause 7 (Marketing); clause 9 (Disclaimers); clause 12 (Intellectual Property); clause 13 (License to use course content); clause 14 (Warranties).
5. Fees and Expenses
5.1 In consideration for rendering the Services, you shall pay to the Company the Fees.
5.2 A deposit is due immediately upon the Signature Date of this Agreement, which may be paid to the Company in cash, via credit card or via EFT.
5.3 The balance of the aforementioned Fees must be paid within the agreed payment date, not exceeding 30 (thirty) days of the Signature Date of this Agreement, by way of electronic funds transfer, into the nominated bank account of the Company, as set and prior to the commencement of the Training.
5.4 All expenses (such as travel expenses) incurred by you in attending the relevant Training, shall be for your own account and the Company shall not be liable for any such costs.
5.5 All payments to be made by you to the Company in terms of this Agreement shall be made without set-off or of any kind.
6.1 You are required to make your own travel arrangements in order to attend the relevant Training and ensure that you have the correct details, namely the date, time and venue for the Training.
6.2 Your attendance at the Training is expected to be in a timely and orderly manner and unnecessary and / or unreasonable disruption will not be tolerated. The Company reserves the right to request that you leave any Training in the event that the Company, at its sole discretion, believes your attendance and / or participation to be disruptive in any way
7.1 You hereby agree that the Company may send you relevant marketing material via email and / or SMS / telephone calls and that you acknowledge that you may request to unsubscribe from such marketing at any time via the relevant “opt-out” mechanism which will be disclosed in communications to you.
8. Process Personal Information
8.1 Any personal information which you have shared with the Company shall be collected by the Company and only adequate and relevant information shall be processed and stored by the Company for the purposes of this Agreement and to provide the Training.
8.2 The Company is committed to taking steps to protect your privacy and is implementing business practices that comply with applicable legislation, namely POPI ACT of 07/2020.
8.3 Riches and Beyond complies with the South African Protection of Personal information act (POPIA) of 2020 and will therefore not forward any client information to a third party without client consent. By signing the terms and conditions the customer authorise and consent that Riches and Beyond may share customer details with a subsidiary company.
9.1 Caution should be observed in placing any reliance upon any information obtained from the Training, which information is provided for purely educational purposes and is not intended to be a representation or inducement to make any specific decision.
9.2 Any decision taken based on the information provided during the Training, should only be made after consultation with appropriate legal, regulatory, tax, technical, business, investment, financial, and / or accounting advisors.
9.3 The course material and information provided during the Training has been prepared on the basis of numerous assumptions and forecasts that may not materialise. There is no guarantee of the realization of any financial results, or that the assumptions or forecasts as reflected in the course material and information will prove to be correct.
9.4 The Training is not designed or intended to qualify you for employment.
10. Unless the recipient notifies the Company in writing within 7 days of receipt of the Terms & Conditions that they do not wish to accept this Agreement, the recipient will be deemed to have accepted this Agreement and will be bound by its terms. Please note that the refund request is subject to clause 4.3. Our Terms and conditions are also available on our website.
11. Application Process
11.1 Once you have accepted the Pro-Forma invoice, a payment is received and you have attended your 1st mentorship session, Tax Invoices will be issued as follow:
11.1.1 A Tax invoice will be issued within 2 working days after the session, on a monthly basis over a period of 6 months (Two Classes per month).
11.1.2 This does not exempt the customer to settle amounts as per original payment terms agreed to previously.
11.1.3 No amendment to this condition will be considered.
11.2 You will be required to provide a copy of ID/Passport and residential address.
12. Intellectual Property
12.1 The Company owns and will continue to own all rights, title and interest in and to all intellectual property, reports, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, or other technology provided or developed by the Company (or a third party acting on the Company’s behalf) pursuant to this Agreement in the course of providing the Training to you, including modifications, enhancements, improvements or derivative works of any of the foregoing, regardless of who first conceived or reduces to practice, and all intellectual property in any of the foregoing shall belong to and be the absolute property of the Company.
12.2 To the extent necessary, you hereby unconditionally and irrevocably assign all rights to all intellectual property, discovery, invention, secret process or improvement in a procedure to the Company.
13. License to use course material
13.1 Subject to your compliance with the terms of this Agreement, the Company grants to you a worldwide, non-exclusive and nontransferable license to access and use all course materials provided to you as a result of or in the course of the Training, for your personal and non-commercial use only.
13.2 This license grant does not include the right to sublicense, publish, advertise, distribute, reproduce Full Refund less fee 10% or otherwise made available to any person without the prior written consent of the Company, any of the course material received during the Training.
14.1 The Company warrants that the Training provided in terms of this Agreement shall be performed within 14 days from Signature Date in a workmanlike manner, or otherwise communicated.
15. Limitation of liability
15.1 Except as expressly provided otherwise, neither Party shall, under any circumstances, be liable to the other Party for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts which such Party may sustain or suffer (or with which such Party may be threatened) as a result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of this Agreement or in the course of the discharge or exercise by the Parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Agreement, the Training or the reliance on any content conveyed during the Training, or the termination of this Agreement for any reason.
16.1 You agree to indemnify the Company against any claims by any third party that the Company may suffer or incur as a result of any reliance by any third party on any content conveyed to you during the Training.
17. Force Majeure
17.1 Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
17.2 The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance, provided that if such period exceeds 60 (sixty) days, then either Party shall be entitled to terminate this Agreement immediately on written notice while the Party’s performance continues to be prevented.
17.3 For the sake of clarification, the Company shall be entitled to provide the training at a different date, a time and location that is within 60 (sixty) working days of the original scheduled date for such Training, or otherwise communicated
18. Address for service
18.1 The Parties choose as their domicile address for service for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the addresses described for such Party this Agreement.
18.2 Notwithstanding anything to the contrary set out in this clause, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
19.1 If either Party breaches any material provision or term of this Agreement (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved Party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict, to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved Party’s right to claim damages.
20. Governing law and submission to jurisdiction
20.1 This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the Republic of South Africa and the Parties submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), subject to the provisions of Clause 19.
21.1 Any dispute which arises out of or pursuant to this Agreement (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
21.2 That arbitration shall be held:
21.2.1 With only the Parties and their representatives present; in Johannesburg, South Africa.
21.2.2 The Parties shall use their best endeavours to procure the expeditious completion of the arbitration.
21.2.3 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
22.1 Whole agreement: This Agreement sets forth the entire agreement between Parties and supersedes any and all prior or contemporaneous agreements and representations, written or oral, of the Parties with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations. The Parties acknowledge that as from the date hereof, no binding commitments exist between the Parties with respect to the subject matter of this Agreement except as may be provided herein.
22.2 Amendment: no change, amendment and / or modification of any provision of this Agreement shall be valid unless reduced to writing and signed by both Parties herein.
22.3 Good faith: the Parties shall in their dealings with each other display good faith.
22.4 Relationship between the Parties: The Parties agree that neither Party is a partner nor agent of the other Party and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
22.5 No representation: to the extent permissible by law no Party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
22.6 Severability: any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement. No stipulation: no part of this Agreement shall constitute a stipulation in favour of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.
22.7 Signature in Counterparts: this Agreement shall be capable of execution in counterparts, each of which shall be deemed to be an original but which together shall constitute one document.
23. All pro-forma will remain valid for a period of 7 days from the date of the pro-forma, or until the day of issue of any new price list, whichever occurs first, or unless otherwise specified in writing by the Company.
24. The risk of the payment method rests on the student.
25. The customer agrees that if an account is not settled in full against the Invoice within the agreed period the Company is entitled to forward a letter of demand using a third party demanding full and final payment.
26. Outstanding accounts are subject to default listing on a national Credit Bureau database.
27. On receipt of full payment of the outstanding debt default listing will be adjusted in accordance with the provisions of Section 71A of the National Credit Act. No34 of 2005.
28. The customer also consents that the supplier may use a National Credit Bureau database for tracing, should the customer abscond.
29. The customer shall be liable for any Tracing and Collections costs as well as any other cost that accounts for the recovery of the outstanding balance.
30. The customer expressly agrees that any debt owed to the Company by the Student shall become prescribed only after the passing of a period of ten years from the date the debt falls due.
31. In the event that the customer is in arrears with any payment or in breach of any term of this Agreement, the Company is entitled to block the account until such the time the account is settled in full.
32. The invalidity of any part of this Agreement shall not affect the validity of any part of the Agreement.
33. In the Agreement any reference to natural persons includes legal persons and vice versa and references to any gender includes references to the other gender and vice versa.
34. Consent clauses
34.1 Riches and Beyond reserves the right to appoint an agent to collect outstanding monies on their behalf and to institute legal proceedings against the applicant for the recovery of any monies outstanding as a result of default in payment, and in such event the applicant acknowledges that the applicant shall be liable for all legal costs incurred by Riches and Beyond in the collection of the outstanding balance on the scale as between attorney or debt collector and client, including collection and commission on capital, interest and cost, as well as the tracing and administrative costs incurred by the appointed agent for the recovery of any amounts owing.
34.2 The applicant/undersigned hereby chooses e-mail, SMS or regular post.