TERMS AND CONDITIONS OF THE DOCEX EXCHANGE (PTY) LTD
The Document Exchange (Pty) Ltd is in the business of transporting documents and other related delivery products and services. The Document Exchange (Pty) Ltd hereby sets out the terms and conditions by which it will provide and its members will use such products and services.
The provisions contained in the Application Form for Membership of the document exchange system known as The Docex Exchange and in the terms and conditions as set out below contain important information from the Document Exchange (Pty) Ltd to Applicant and/or Member.
On signing the Application Form Applicant represents that he fully understands, acknowledges and consents to all of the provisions contained in the Application Form and in the terms and conditions set out on the reverse side.
Unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other, the singular includes the plural and vice versa; and a natural person includes and artificial person and vice versa.
The Parties shall mean The Document Exchange (Pty) Ltd and Applicant and/or Member.
The commencement date means the date on which Applicant pays the total amount of the subscription fees in full, alternatively, full payment of the subscription fees as authorized on the Debit Order Instruction and Debit Authorization Form and as detailed on the Application Form, not withstanding the date of the signatures hereon.
- On acceptance by The Document Exchange (Pty) Ltd (hereafter referred to as “DOCEX ™”), of the duly completed and signed Application Form for membership of the document exchange system known as The Docex Exchange and on receipt of full payment of the total amount of subscription fees alternatively, full payment of the subscription fees as authorized on the Debit Order Instruction and Debit Authorization Form and as detailed on the Application Form, Applicant and its successor in title will become a member at The Docex Exchange as stated on the Application Form for the period covered by the subscription and shall be bound by these terms and conditions. DOCEX™ shall at its sole discretion amend these terms and conditions, and the latest amended version of these terms and conditions shall be binding on all members and published on the DOCEX website.
- Docex™ has established and shall at its sole discretion establish and maintain various mail collection and delivery points throughout the Republic of South Africa and neighbouring countries which are and will be known as Docex Exchanges. Each member shall be allocated a mailbox in the area where he conducts his main place of business or in such area as hę may choose on the Application Form for Membership. A member shall be a member of the Document Exchange where his mailbox is held, and may be an affiliate member of any other exchange (hereafter referred to as “the affiliated exchange”), subject to him completing a separate Application Form and paying the total subscription fees as stipulated on that Application Form, in full. A member must have a separate Docex™ mailbox for each branch of his business.
- Docex™ shall allocate to the member a lockable mailbox, with a Docex Exchange number (hereafter referred to as “DX number”), and deliver a key to that mailbox to the member. Deliveries of all corporeal items shall take place by same being placed in said mailbox. If the item is too large then it may be handed to a representative of Docex™. The member agrees that in such event said representative will be deemed to be an agent of the member. Electronic mail shall be delivered to an e-mail address as nominated by a member on the Application Form for membership of the Docex Exchange and if possible, listed in the Docex™ directory, or published on a website designated by Docex™ for that purpose.
- Any person having a key to a mailbox shall be deemed by the relevant Exchange to be authorized to use said key by the member to whom the key was issued and shall be given access to the member’s mailbox at the Docex Exchange where the mailbox is situated. The member agrees that neither the relevant Exchange nor Docex™ shall be obliged to enquire as to the authority of such key holder and that Docex™ shall be indemnified and held harmless against any claim for loss or damage which my arise by way of fraudulent or unauthorized entry provided that the loss or damage is not as a result of fraud on the part of the personnel of Docex™ in relation to his official duties.
- Members shall at all times ensure that their mailbox key and digital signature private keys remain in the sole possession and control of their duly authorized representatives. On placing any item in a member’s mailbox, such item shall be deemed to be in possession of such member. Likewise, on the placing of any document into the mailbox of an affiliated Exchange, including but not limited to any other document exchange abroad that is affiliated to Docex™ for inter exchange or international purposes (including but not limited to deliveries to physical addresses), such document shall be deemed to be in the possession of the addressee and should same not reach the addressee, timeously or at all, for any reason whatsoever, then the member agrees that Docex™ shall be free from all forms of liability and shall be indemnified and held harmless against any loss or damage, whether direct, indirect or consequential, arising from such late or non-delivery provided that any loss or damage is not as a result of fraud on the part of the personnel of Docex™ in relation to his official duties.
- Members hereby undertake to check and clear their mailboxes or e-mail at least once every business day, unless alternative arrangements have been made with DOCEX ™ in writing. Should a member not be able for any reason to access its electronic mail, he shall notify DOCEX ™ who shall without any admission of liability endeavour to identify the senders of the unopened mail within 24 (twenty-four) hours from receipt of such notice.
- Members agree to send and accept delivery of documents, letters, notices and pleadings (whether in physical or electronic form (hereinafter called "items") through the Docex Exchanges amongst themselves, in substitution of any obligation by any member to deliver or receive such items by physical delivery to or from another member. Members may at an additional charge, in addition to the physical delivery of items, use any electronic mail, electronic mail tracking or other products which DOCEX ™ may offer. In such event, members shall fully acquaint themselves with the nature and consequences of using such products and services, as well as the terms and conditions on which these may be used.
- A member receiving any document delivered to his mailbox in error shall cause such document to be placed into the "out of town box" at the nearest Exchange as soon as possible or alternatively hand to a DOCEX ™ personnel member.
- Membership shall be for duration of twelve months, and shall be renewable automatically unless the member furnishes DOCEX ™ with a written notice of cancellation three months before the end of the subscription year. The member agrees that DOCEX ™ may cancel his membership on three months written notice to him without any reason being furnished for the cancellation and without DOCEX ™ being liable to him for damage or loss, of whatsoever nature caused by said cancellation.
- Membership subscription shall be payable annually in advance in one instalment, alternatively as authorized on the Debit Order Instruction and Authorization Form, refer 1 (one) above. DOCEX ™ shall in its sole and absolute discretion set the membership subscription tariffs and increase such subscriptions from time to time.
- When an Applicant elects to effect payment by debit order, then a deposit, that is equivalent to a 3 (three) month subscription fee, shall be required. The Applicant agrees that the deposit shall be held in an interest bearing account and that the interest accrued shall be for the sole and absolute benefit of DOCEX ™.
- The Applicant agrees that upon notifying DOCEX ™ of the cancellation of his membership, refer to 9 (nine) aforesaid, the debit order facility shall be immediately cancelled and the deposit shall be retained by DOCEX ™ in lieu of the amount owing, due and payable to DOCEX ™ in respect of the unpaid subscription fees.
- Membership entitles a member to send a maximum of two (2) kilograms of non-promotional mail on each business day for the duration of the subscription year. Any mail in excess of the stipulated weight allowed per business day will be charged for at prevailing excess weight rates as from zero (0) kg.
- Membership entitles a member to send a maximum of four (4) kilograms, only, of promotional mail each business day for the duration of the subscription year. Mail in excess of the stipulated weight allowed per day will be charged for at the prevailing bulk weight rates from zero (0) kg.
- The Docex Exchanges may only be used by members who have paid their total subscription fees in full, alternatively authorized full payment on the Debit Order Instruction Authorization Form, as aforesaid. No member shall deliver or send any mail to another member on behalf of any person, firm, corporation or association, which is not a member of an Exchange. Members may not invite or authorize any non-member to deliver or send mail in any Exchange or member's mailbox in any Exchange. Any Member who contravenes this term shall be liable to effect payment to DOCEX ™, to the equivalent of one year's subscription for each non-member whom they permit to use their mailbox.
- Where a member chooses to use electronic mail and / or chooses to track his documents via the Internet using the Docex Customer Information System, (hereafter referred to as "CIS"), DOCEX ™ shall, at an additional charge, furnish the member with a digital signature certificate, bar codes and / or other authentication products or services. The digital signature certificate et cetera shall be used on such terms and conditions as may be applicable at the time and published on the DOCEX ™ website. Members who use digital signature certificates shall ensure that they are familiar with and understand the terms and conditions of use of such certificates, and more specifically, such members shall access the Certification Practice Statement of the provider of such certificates as indicated to the member during application for such certificates or as directed on the DOCEX ™ website.
- Members shall not use the Docex Exchanges to conduct illegal activities or for the purpose of sending any material or document which if sent through any postal service would be illegal and in contravention any applicable law.
- Applicable South African law shall govern the generation, delivery, transmission, storage and receipt of electronic documents as well as the use of authentication products and services by members.
- DOCEX ™ shall maintain a website, which shall serve as the main communication platform for notices, updates to members as well as the conducting of other transactions which members may be entitled to. Members agree that they shall access the website regularly in order to keep themselves updated on developments and the latest Terms and Conditions of DOCEX ™ within the Docex Exchanges.
- DOCEX ™ shall maintain and publish to members a directory of all members in each Exchange and may in such directory publish such business particulars of each member as it deems fit. Members shall be obliged to furnish any change in their particulars to DOCEX ™ and members hereby agree that DOCEX ™ shall be indemnified and held harmless against any claim for loss or damage suffered of whatsoever nature which may arise as result of DOCEX ™ failing to update said particulars. The directory shall be published on the DOCEX ™ website.
- Members shall ensure that all items being conveyed through the Docex Exchanges are adequately insured at their own expense. An ex Gratia compensation for the provable replacement value to a maximum of five hundred (500) rand will only be considered from first in scan to the last out scan for bar-coded items sent through the CIS system and paid at the sole and absolute discretion of DOCEX ™. Members shall ensure that they are familiar with the CIS terms and conditions of use which are published on the DOCEX ™ website.
- The items may be conveyed by any route at the sole discretion of DOCEX ™.
- Members shall clearly mark all items to be sent with “The Docex Exchange”, and / or any other document exchange abroad that is affiliated to DOCEX ™ number of the addressee member. Unless other arrangements have been made with DOCEX ™, members shall be responsible for the delivery of such items to the correct mailbox of an affiliated or international Exchange, as the case may be, and other than by prior arrangements, members shall not leave items anywhere in an Exchange other than in the mailbox of a member or in the mailboxes of affiliated or international Exchanges. DOCEX ™ personnel shall not be required or deemed to receive on behalf of a member any document for delivery to a member other than as stipulated in these terms and conditions.
- Members of an Exchange shall be affiliated members of the DOCEX ™ Exchanges and / or any other document exchange abroad that is affiliated to DOCEX ™. Affiliate membership entitles members to place items in the mailboxes of affiliated Exchanges which are situated in the office of that member's Exchange. The personnel of all Exchanges and their agents are authorized to deliver items to the relevant affiliate Exchange and to place such items in the mailboxes of addressee members at such affiliated Exchanges. DOCEX ™ and its agents are likewise authorized to effect physical deliveries of items on behalf of its members both locally and abroad, DOCEX ™ and its agents shall be indemnified and held harmless against all claims of whatsoever nature. A member shall have no right of entry to an affiliated Exchange without being a full member of such Exchange.
- DOCEX ™ reserves the right to refuse to accept the conveyance of any item which is considered in its sole and absolute discretion to be too large, heavy or otherwise impractical to convey.
- The Member warrants that the items to be transported by DOCEX ™ are his property or that he is duly authorized by the rightful owner thereof to tender such items for transport.
- Members shall stamp or print their name, their DX number and the Exchange Location on the top left corner on all items in the following style and using the Docex stamp provided for that purpose:
JD WHEELER (PTY) LTD
- Furthermore members shall print the name, DX number and relevant Exchange of the addressee, in the above format, in the middle of the items.
- DOCEX ™ will periodically advertise on its website the departure times of inter-Exchange deliveries and will without warranting the correctness of such times, use its best endeavours to adhere to such times. Notwithstanding the aforegoing DOCEX ™ shall not be liable for any loss or inconvenience caused of whatsoever nature by reason of non-delivery or early or late dispatch or receipt of inter-Exchange delivery.
- A member shall not be entitled to cede or assign any of his rights, title or interest in terms of his agreement, pertaining to his membership with DOCEX ™ without the prior written consent of DOCEX ™.
- All documentation, including photostat copies thereof, which at face value appears to have been compiled by DOCEX ™ in the execution of any services in respect of which debits have been raised, shall be admissible in litigation between parties and shall serve as prima facie proof of the contents thereof.
- A certificate signed by the senior personnel of DOCEX ™ shall be prima facie proof of the amount owing, due and payable by Applicant / member.
- Force majeure: DOCEX ™ , shall be absolved from their obligations in terms hereof for as long as they are prevented from performing such obligations as a result of any cause beyond the reasonable control of DOCEX ™ and including but not limited to Acts of God, Acts of Government or war (whether declared or not), terrorism, sabotage, floods, fire, unrest, strikes, lock-outs, labour disputes, action by trade unions, changes to any Act and / or any statutory concessions which may affect the services rendered by DOCEX ™.
- Membership subscription paid shall not be refundable in the event that DOCEX ™ ceases or suspends business for any reason due to circumstances beyond its control, other than in the liquidation or winding-up of the company.
- Without limitation to its rights in terms of the law, if a member is in default in respect of the payment of its membership subscription or other fees, DOCEX ™ shall have the right to institute legal proceedings for the recovery of the said fees, suspend or terminate the member's membership by giving the member written notice to that effect. Should DOCEX ™ at any stage institute action against a member for payment of the membership subscription or other fees due by the member, then the member shall be liable for the costs incurred which shall include but not be limited to attorneys fees calculated on the scale as between attorney and client, including debt collection fees, tracing fees and collection commission. In addition the member shall be liable for the interest on all amounts owing, calculated from due date at the prime bank overdraft rate, quoted by Standard Bank of South Africa Limited from time to time.
- For the purposes of any action arising here from, the member consents to the jurisdiction of the Magistrate's Court notwithstanding the fact that such proceedings may otherwise be beyond its jurisdiction. This term shall be deemed to constitute the required written consent conferring jurisdiction on the said Court pursuant to the Magistrate's Court Act of 1944 (Act no. 32 of 1944), or any amendment or re-enactment thereof, provided that The Document Exchange (Pty) Ltd shall be entitled at its discretion to institute proceedings in any other Court which may otherwise have jurisdiction in respect of such action.
- The Member agrees that in the event of any dispute arising between himself and DOCEX ™, that DOCEX ™ shall be entitled to refer such dispute to mediation and / or arbitration. In the event of arbitration the arbitrator shall have the widest possible powers to arbitrate between the parties, to dispense with any and all Rules of the Court for the purpose of such proceedings and to make such award against any or both parties as the arbitrator in his sole discretion may deem fit. The award shall be final and binding on the parties and not be subject to appeal or review, safe in the event of dishonesty or gross negligence on the part of the arbitrator. The mediation or arbitration procedure shall immediately suspend and replace proceedings in Court arising from essentially the same cause of action. If the parties cannot come to a suitable agreement in this regard the mediator or arbitrator shall be appointed by the Chairperson of the Law Society of the Northern Provinces.
- Members appoint as their domicilium citandi et executandi for all purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose that may arise the addresses furnished on the Application Form for Membership. Members may at any time change his domicilium citandi et executandi but only by way of written notification to DOCEX ™ and on condition that such domicilium is within the borders of the Republic of South Africa and only if such domicilium is a physical address where documentation can be served.
- DOCEX ™ appoints as its domicilium citandi et executandi for all purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose that may arise as Head Office, 1st Floor, 95 Market Street, Johannesburg.
- Any notification in terms hereof may be hand delivered or may be forwarded by way of pre-paid mail or pre-paid telegram to the domicilium chosen by the other Part. Such notification shall be considered to have been properly delivered if handed over to any responsible person present at the domicilium chosen by the relevant Party on the date of delivery. If sent by pre-paid mail or pre-paid telegram it will be considered properly delivered on the 4th (fourth) day from the date of dispatching and which includes the date of dispatch if it has been affected within the boarders of the Republic of South Africa or on the 14th (fourteenth) day if it has been effected from outside the boarders of the Republic of South Africa.
- Notices to members may at the option of DOCEX ™ be sent by The DOCEX ™ mail system, e-mail, facsimile or by publication on the of DOCEX ™website.
- Members indemnify and hold DOCEX ™ and its agents claims of whatsoever nature, for any loss or damage, whether direct or consequential or otherwise arising from any cause whatsoever including any inadvertent act or omission on the part of DOCEX ™ or its agents, notwithstanding the fact that such act or omission may constitute negligence.
- Each phrase, sentence, paragraph and provision of the Application Form Debit Order Instruction and Authorization Form and these terms and conditions is severable, the one from the other, notwithstanding the manner in which they may be linked together or grouped automatically and if in terms of any judgement or order any phrase, sentence, paragraph and provision is found to be defective or unenforceable for any reason, the remaining phrases, sentences, paragraphs and provisions shall nevertheless continue to be in full force and effect.
- These terms and conditions constitute the whole agreement between DOCEX ™ and its members in relation to the subject matter hereof. And any representations, warranties, promises, undertakings and the like not contained herein nor published on the DOCEX ™ website or otherwise shall be binding on DOCEX ™ unless communicated in writing to members. No amendment, addition to any term or condition, variation of, novation or mutually agreed cancellation of these terms and conditions shall be of any force or effect unless in writing and signed by or on behalf of The Document Exchange (Pty) Ltd and Applicant.
- No concession, extension or relaxation granted or shown by DOCEX ™ shall constitute a waiver of its rights or as a variation of these terms and conditions unless in writing by DOCEX ™ and communicated to members as such.
- Applicant hereby authorizes DOCEX ™ to do a credit check.
- Applicant warrants and acknowledges that he has read and understands these Terms and Conditions.