Terms of Service

In these Terms, where any provision is qualified by the words "to the extent permitted by law" the parties agree that such provision shall only apply to the extent that the laws of the Republic of South Africa allow same to apply, on the basis that if Saffaglobal Ally is precluded from applying:- 1.1 any such provision then the terms of such provision which Saffaglobal Ally is precluded from applying shall not apply; or 1.2 the full terms of any provision, then such provision shall not apply and shall be severed from these Terms, and the remaining provisions hereof shall be of full force and effect. The Client of the Services of Saffaglobal Ally does hereby accept to be bound by the Terms set out herein.

2.1 The clause headings in this document have been inserted for convenience only and not for interpretation purposes. 2.2 Hyperlinks herein to legal documents should be deemed part of these Terms. The fact that some, or all, of the hyperlinks may, from time to time, be non operational, shall not affect the validity and interpretation of these Terms. 2.3 Reference herein to the singular includes the plural and vice versa. 2.4 The following defined terms shall, wherever used in these Terms, bear the corresponding meaning ascribed to them:- 2.4.1 "Client" means any person and/or entity that makes use the Services which are provided by Saffaglobal Ally. 2.4.2 "ECT Act" means the Electronic Communications and Transactions Act, No. 25 of 2002; 2.4.3 "Saffaglobal Ally" means Saffaglobal Ally, its employees, its subsidiaries and any affiliated companies and agents; 2.4.4 "Personal Information" has the meaning as defined in POPIA; 2.4.5 "POPIA" means the Protection of Personal Information Act, 4 of 2013, as amended from time to time and includes any regulations promulgated thereunder; 2.4.6 "Privacy Policy" means Saffaglobal Ally's privacy policy including any annexures thereto (as amended from time to time), published by Saffaglobal Ally and kept at its registered place of business, a copy of which can be accessed at: saffaglobalally.com/privacy-policy. 2.4.7 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:- 2.4.7.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; 2.4.7.2 dissemination by means of transmission, distribution or making available in any other form; or 2.4.7.3 merging, linking, as well as restriction, degradation, erasure or destruction of information; 2.4.8 "Services" means documentation services offered by Saffaglobal Ally which includes but is not limited to the processing and assistance with various concierge services, assistance with visa applications, "documentation services" (apostilles, notarisations, authentications and various certifications of documents in the Republic of South Africa as well as the obtaining of police clearances, birth, marriage and death certificates and letters of no impediment as well as divorce decrees), and many other services; 2.4.9 "Terms" means these standard terms and conditions, as amended from time to time, together with any annexures thereto.

5.1 The Services offered by Saffaglobal Ally are to assist on behalf of the Client to have the Client's documents certified, notarized, collected and/or otherwise authenticated. Saffaglobal Ally does not perform the authentication, notarization or certification of documents itself, but assists Clients in the process in order to procure such services. Estimated Timelines 5.2 Saffaglobal Ally is subjected to the timelines and proficiency of the government departments and third parties which provide authentication, notarization and/or certification services and consequently, Saffaglobal Ally cannot guarantee a specific outcome or adhere to a strict timeline. 5.3 Any time estimation provided by Saffaglobal Ally is an estimate only and Saffaglobal Ally shall not incur liability of whatsoever nature should a Service not be completed in accordance with the estimated timeline. As Saffaglobal Ally must make use of third party suppliers, services may take longer than originally quoted and/or estimated and Client's must consider estimates as a guideline only. 5.4 In the event that a Service takes longer than originally estimated there will be no refund offered and the Client acknowledges that Saffaglobal Ally will incur no liability of whatsoever nature as the estimate provided is merely a guideline. Documentation and information to be provided by the Client 5.5 It is the responsibility of the Client to determine which documents are needed and what type of authentication and/or legalisation is required by the Client, Saffaglobal Ally is not an official advisory body and shall incur no liability of whatsoever nature in the event of problems arising due to the incorrect information or documents being supplied by the Client. 5.6 All documentation supplied to Saffaglobal Ally by the Client must be via a courier. Should a Client send documentation via post, the documents may take an extremely long time to arrive and must be collected from the post office, which collection thereof by Saffaglobal Ally will incur an extra cost. 5.7 Saffaglobal Ally will not incur liability of whatsoever nature for any loss arising from or in connection with the posting, couriering and or transportation of documents of the Client to the offices of Saffaglobal Ally or Saffaglobal Ally's service providers. Errors in Documents received 5.8 Saffaglobal Ally will incur no liability of whatsoever nature should there be any error contained within a document as requested by the Client in accordance with the Services provided. It is not uncommon for documents to have errors contained therein as government departments and other third parties may have, among other errors, typing and spelling errors. Saffaglobal Ally will incur no liability of whatsoever nature for any errors or delays occurred as a result thereof. 5.9 There will be no refund offered in the event of an error having occurred and Saffaglobal Ally will be entitled to charge the Client an additional fee to have the documents corrected. 5.10 Should a document be unobtainable or the Client is denied having the document issued to them by a government department or third party, the Client is still liable for the fee charged by Saffaglobal Ally and for the use of Saffaglobal Ally's Services in attempting to obtain same. Saffaglobal Ally will incur no liability of whatsoever nature should a document be unobtainable or a government department or third party deny issuing a document and consequently, no refund will be permitted.

6.1 To the extent permitted by law, Saffaglobal Ally shall incur no liability in respect of the non-delivery or late delivery of any Service ordered by the Client. 6.2 Neither Party shall be liable for any failure to fulfil its obligations under this Agreement if and to the extent such failure is caused by any circumstances beyond its reasonable control, including but not limited to an act of God or state of war (whether declared or not) or sabotage, fire, flood, riot, strike, lock out or delays due to third party operations affecting the performance of such Party's obligations in terms of this Agreement ("Force Majeure Event"). 6.3 Should either Party be unable to fulfil a material part of its obligations under this Agreement for a period in excess of 90 (ninety) days due to circumstances beyond its reasonable control, as recorded in clause 6.2, then either Party may cancel their respective obligations to perform forthwith by written notice to the other and in that event the Client shall not have the right to claim any damages or loss from the Seller. 6.4 Saffaglobal Ally is not liable for any damage, harm, injury or loss to any person or property arising from the use of the Services offered by Saffaglobal Ally and/or any third party. 6.5 Under no circumstances will Saffaglobal Ally be liable to the Client, or any third party, for any special, indirect or consequential damages of any nature whatsoever and howsoever arising.

8.1 The Client and Saffaglobal Ally agree that:- 8.1.1 The Client shall be bound to these Terms for so long as it makes use of the Services, and such agreement is concluded in Johannesburg (South Africa) at the time the Client accesses the website of Saffaglobal Ally or engages in the procurement of Saffaglobal Ally's Services; 8.1.2 The Client agrees and warrants that data messages as defined in the ECT Act addressed by the Client to Saffaglobal Ally shall only be deemed to have been received if and when responded to by Saffaglobal Ally; 8.1.3 Electronic signatures, encryption and/or authentication shall not be required for valid electronic communications between the Client and Saffaglobal Ally; 8.1.4 data messages that are sent to Saffaglobal Ally from a computer, IP address or mobile device normally used by or owned by the Client, shall be deemed to have been sent and/or authorised by the Client personally; and 8.1.5 an email sent to the Client by Saffaglobal Ally, shall be deemed to have been received by the Client when the Client is capable of downloading the email.

9.1 The services are controlled and operated within the Republic of South Africa and therefore, subject to the remainder of these Terms, the South African law enforced by the South African courts governs the use of the Services. 9.2 The Parties hereby consent to the jurisdiction of the Magistrates court in terms of section 45 of Act no. 32 of 1944, in respect of any legal proceedings arising out of or in connection with these Terms.

11.1 The Parties shall at all times owe each other a duty of good faith. 11.2 When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day. 11.3 The rule of construction that an agreement shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply. 11.4 Each Party respectively agrees and acknowledges that:- 11.4.1 it has been free to secure independent legal advice as to the nature and effect of each provision of these Terms and that it has either taken such independent legal advice or has dispensed with the necessity of doing so; and 11.4.2 each provision of these Terms is fair and reasonable in all the circumstances and is part of the overall intention of the Parties in connection with these Terms.