1. Introduction 
  • Words importing any one gender includes the other gender, the singular includes the plural and vice versa;
  • Reference to a natural person includes juristic persons and vice versa;
  • Any word or phrase in the SLA as defined in any clause, that word or phrase shall bear the same meaning wherever used in the SLA; and
  • The Company may change these terms at our sole discretion at any time. When changes are made, we will update the version and date of this document and we trust that you have reviewed and agree to the terms of service by continuing to utilise our services.

 

  1. Scope of Services 
  • The Company is a transport and personal assistance organisation which provides the Client upon his/her request with the arranged and scheduled service; and
  • The Company provides transportation and personal assistance services (to varying degrees) to its Clients.

 

  1. Client Warranties 

           By consenting to this Agreement, the Client hereby warrants that:

  • They are 18 (eighteen) years or older;
  • They have the required authority to enter into this agreement;
  • They are authorised to enter this agreement on behalf of another natural or legal person;
  • They are legally authorised to represent anyone they have listed as a dependent upon the application for the services offered;
  • They have provided all the relevant information required by the Company to commence the provision of the service; and
  • They are the legal guardian or parent or have the consent of the legal guardian or parent of the dependents listed by them.

 

  1. Company Warranties 

           The Company warrants that:

  • It is legally entitled to render the services offered and as requested by the Client;
  • It has and will continue to meet all its legal obligations during the period in which it offers the services;
  • The vehicles utilised as part of the service will be maintained as legally required, with a minimum of one maintenance service per annum;
  • No passenger under the weight of 25 kg will be transported without a car/booster seat, which is to be provided by the Client;
  • The Company will only utilise your personal information for the purposes of providing the services;
  • The Company will not provide your personal information to a third party except where required to do so by law; and
  • The Company will take all reasonable steps to ensure that your personal information is adequately stored and protected.

 

  1. Liability and Indemnification 
  • The Company is not liable for any loss or damage of any kind, whether direct, indirect or consequential, or any expense of any nature, which may be suffered by you (The Client) or any other third party, which arises directly or indirectly from your use of this website and/or its content and/or the services provided by us or your inability to access the website, even where we are expressly advised thereof, except where such losses or damages are caused due to gross negligence or fraudulent actions by the Company;
  • The Company makes no representations or warranties of any kind, whether expressed or implied, through the content contained on this website and does not warrant that the website functions will be uninterrupted or error-free or that it is free from any viruses or other harmful components;
  • The Client hereby indemnifies the Company, its owners, directors, employees and representatives from and against any loss or damage of any kind, whether direct, indirect or consequential, or any expense of any nature suffered or liability incurred in respect of any third party, that arise from your use of this website and/or the services provided for herein;
  • The Company indemnifies the Client against any claims of the Regional Services Council, Workmen’s Compensation Board, Unemployment Insurance Commissioner, Bargaining Council, and other statutory Client obligations; and
  • The Company indemnifies the Client against any claims of the South African Revenue Services and herewith accept, as a service provider, the direct responsibility and obligation with regard to personal tax, tax concessions, and/or VAT.

 

  1. Service Logs 
  • All service sessions required by the Client must be communicated in an email/SMS/WhatsApp and must include all the required information as set out in the Let’s Work Together form, every dependent to be included in the service session, correct start and end locations and times, and special notes to be taken into account. Additional stops between the start and end locations must be listed; and
  • No service will be provided unless the request is confirmed in writing via email/SMS/WhatsApp.

 

  1. Car Seats 
  • Due to personal preference and for safety and hygienic reasons, the Company will not provide child car seats. It is the Client’s responsibility to provide the Company with the appropriate baby seat/booster for their child.

 

  1. Wheelchairs 
  • Clients using wheelchairs will be required to arrange for someone to assist them in placing the wheelchair in the vehicle after they have assisted the Client into the car and arrange for someone to be present on arrival at the drop-off destination to assist with removing the wheelchair from the vehicle and assisting the Client to be placed therein. The Company is not responsible for any personal care assistance, nursing, carrying, lifting, cleaning, and the like.

 

  1. Service Logs 
  • The Company will keep accurate records of all services provided by logging all trips, sitting, personal assistance, exercise, and/or services at the time that these occur, according to the rules set out by the Company and agreed to by the Company.

 

  1. Fees 
  • Both parties acknowledge and agree to the fees payable to the Company for the performance of the services, at the rates as agreed upon between the Company and the Client. The agreed rates are subject to change according to guidelines by the Company;
  • The Client agrees to pay the Company according to records kept by us, as logged electronically, and according to the payment terms set out by the Company and agreed to by the Client;
  • Full payment of the quote is required prior to utilisation of the service. Payment to be made via eft into the bank account set out in this clause and proof of payment emailed to hello@diligence-on-call.co.za before the service will commence;
  • Bank details: DM Sao Joao, Nedbank, Account No: 1046509950, Branch No: 198765
  • Fees vary based on the rates negotiated between the Company and the Client, as well as the fuel rates agreed upon;
  • The Company may, at its discretion, suspend all services until such time as payment has been received; and
  • In the event of a dispute, the Client is liable for the fees charged by the Company, unless the Company is notified of the dispute via email at hello@diligence-on-call.co.za, within 72 (seventy-two) hours of the service being logged;
  • In the event that the service booked runs beyond the invoiced rate or further services are requested during the running of the service, those fees will be invoiced for after provision of the service and payment is due within 5 (five) working days from date of invoice; and
  • Client accounts that are outstanding for 30 (thirty) days or more will be handed over for legal collections, subject to our discretion. The discretion used by the Company does not constitute acceptance or a waiver of terms. In the event of your payment default, you accept that you will be liable for all legal fees on the scale of attorney and own Client.

 

  1. Termination 
  • Clients who book a month or more in advance for repeat services may terminate the contractual agreement with the Company by providing 30 days’ written notice via email to the Company. Failure by the Client to supply sufficient notice of termination as per above will result in the Client being liable to compensate the Company for one month’s fees, calculated at the same rate as the average monthly fees of the past 3 (three) months;
  • The Company may terminate the contractual agreement with the Client by providing 30 (thirty) days written notice. Failure by the Company to supply notice of termination as per above will result in the Company being liable to compensate the Client for the inconvenience caused and financial loss, at a rate equal to 30 (thirty) days charged rate by the Company at the time of termination; and
  • In the event of any breach of this contract by either party, or the failure by either party to abide by the standard rules and terms of the Company, to which both parties agreed to, then either party hereto may terminate all services with immediate effect, confirmed in writing, without any obligation to the breaching party.

 

  1. Entire Agreement and Variations 
  • This Service Level Agreement constitutes the entire Service Level Agreement between the parties. No variation or amendment of the Service Level Agreement shall be valid or binding upon the parties unless such variation or amendment shall be reduced to writing and signed by both parties.