Terms and Conditions
By accessing www.ebmonitor.co.za and/or The Employee Benefits Monitor and/or subscribing to The E B Monitor, you are agreeing to the following terms and conditions:
1. It is your responsibility to read the terms and conditions and to comply with them.
2 It is your responsibility to monitor the website www.ebmonitor.co.za to check for any change in the terms and conditions.
3. www.ebmonitor.co.za and The Employee Benefits Monitor are published by E B Connection CC Reg. No. 1999/049225/23 trading as Benefit Connection (“the Publisher”) and you agree to respect The Publisher’s intellectual property rights.
4. The material on www.ebmonitor.co.za and in The Employee Benefits Monitor ("E B Monitor" is information of a general nature only which is not intended to address the specific circumstances of any particular individual or entity. There are often different views and opinions as to what is fact and what is law. By way of The E B Monitor The Publisher strives to provide ongoing monitoring of developments, rather than consolidated comprehensive, complete, accurate or up to date positions on any topic. The Publisher often provides its own opinion and those of others. However, these are not the final opinions on any matter. These opinions or comments are often provided under pressure of time. The reader is responsible for obtaining its own professional advice. The Publisher accepts no responsibility or liability whatsoever with regard to the material on this site or the use of this site or any linked external site. The reader and subscribing organisation indemnifies The Publisher for use of the site and our products and services.
5. Restructuring of product: Change in product: With effect 1 January 2009 subscriptions are in respect of the Publisher’s newsletter The E B Monitor only. From that date the Publisher is not liable to provide any other information on its website or by any other means. The Publisher reserves the right to develop products in addition to The E B Monitor and to develop pricing and client strategies separate to The E B Monitor. It is recorded and acknowledged that The Publisher published notice of intention to change its product offering, on www.ebmonitor.co.za , for at least 3 months before the change, necessitated by inter alia:
§ the low hit rate on the site and lack of interest therein, which had to be balanced by the high cost of maintaining such a site; and
§ prohibited conduct such as downloading content of www.ebmonitor.co.za; and
§ theft of content; and
§ accessing of content without fees having been paid at all or on time.
6. Unless specifically stated to the contrary, a fee is charged for access to any of the Publisher’s products.
7. Fees for subscribing to or accessing The Employee Benefits Monitor are published at www.ebmonitor.co.za or available from The Publisher. Fees are payable annually quarterly in advance. For information on subscribing please contact ebmonitorcoza@gmail.com or ask for an application form. With effect 1 January 2009 issues of The E B Monitor are e-mailed to subscribers whose subscription fees have been paid within seven days of the date of invoice. The Publisher is under no obligation to e-mail issues of The E B Monitor to subscribers who have paid their subscription fees after the due date. It is recorded that prior to 1 January 2009 subscriptions were in respect of the content of the website www.ebmonitor.co.za which included The E B Monitor, and subscribers were responsible for viewing the content at their leisure, subject to the then Terms and Conditions applicable, which including the then prohibition: “ Unless you have contrary permission in writing from Benefit Connection”, you may not download, copy, circulate, distribute or store any part of www.ebmonitor.co.za or The Employee Benefits Monitor.”
8. Subscribing organisations and their employees whose names have been registered with the Publisher for mailings of The E B Monitor, may receive issues of The E B Monitor from the Publisher for their personal edification but may not circulate, distribute, copy or store the whole or any part of The E B Monitor or content of www.ebmonitor.co.za , unless The Publisher has consented thereto in writing and received payment of additional fees stipulated by The Publisher.
9. Termination/cancellation of subscription: A subscriber must give 12 calendar months’ notice in writing to terminate a subscription. The termination only takes effect once the subscribing organisation has satisfied all terms an conditions, including the provision of information for correct invoicing and reconciliations, for example items 10 and 10B below. Organisations must provide their calculations of amounts due, including interest, and provide sufficient insight into the breakdown of such calculations.
10. “Old subscribers”: Some older subscribers who first subscribed before 2008 pay monthly or quarterly, or/and at a lesser fee than applicable to new subscribers. The new and current subscription rate applicable to new subscribers also applies to such subscribers with effect from 1 January 2009. However, as The Publisher cannot calculate the correct fees without the necessary information (see "Subscription rates" on this website) The Publisher continues to invoice on a similar basis to that of the past, until adequate information is provided to the Publisher. Invoices therefore do not reflect the total owing until The Publisher issues a reconciled invoice.
10B. Invoices not settled within seven calendar days (i.e. payment reflected in the Publisher's bank account) incur administration fees and interest charges: (a) an interest charge of 2% compound per calendar month or part of a calendar month; plus (b) an administration charge of R500 per calendar month; plus (c) a fee of R250 per reminder of overdue fees; plus (d) a statement fee of R250 per statement, whether by request of the subscriber or at the initiative of the Publisher. Note: If an invoice has not been settled within 7 days, then a minimum fee applies. This minimum fee is calculated as the sum of fees applicable to non-subscribers, as if they had purchased all our publications over the ninety days period immediately preceding the date of the unsettled invoice. Example: We published 4 publications at R12 000 fee each for non-subscribers, over the 90 days preceding the unsettled invoice. The minimum fee due is therefore R48 000 plus VAT and other charges already noted earlier.
11. You agree that if you breach any of these terms and conditions your name may be placed on this website as someone or entity that has breached these terms and conditions. You agree that you may be used and publicised as an example of a person who pays no respect for the intellectual property of others. You agree that unpaid access to the intellectual property of The Publisher or unauthorised use constitutes theft. You agree that if you breach any of these terms and conditions you are liable for the payment of compensation determined by The Publisher and will pay all our legal fees to prosecute you. You understand that persons and entities have breached these terms and conditions and that Benefit Connection views unpaid use of this site's contents in a serious light.
12. This site is not a resource for commercial media. Media must apply for use of this site, for which a fee shall be payable.
13. Except as expressly agreed in writing, you may not reproduce, modify or in any way commercially exploit any of the content of this web site. In particular, you may not redistribute the contents or create a database in electronic or manual form by systematically downloading and storing all or any of the content or remove any trademark or copyright notices from any of the content of this web site.
14. Benefit Connection may include discussion groups, forums and bulletin boards that allow feedback and inter action between users of this web site. While Benefit Connection does not control the information posted to these message forums it reserves the right (which may be exercised at it's sole discretion and without notice) to delete, move or edit any messages that are posted to these forums and you waive any moral rights that you may have in regard to any such messages which you may have created which appear in such forums.
15. You agree that in using such message forums you will only send and receive messages and materials that are proper and related to the particular forum in use and that you will not (without prejudice to the generality of the foregoing):
· defame, abuse, harass, threaten or otherwise violate the legal rights of others
· publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information.
· upload files that contain software or other materials protected by law unless you own or control the rights thereto or have received all necessary consents
· upload files that contain viruses, or any similar software programmes that may damage the operation of another person's computer
· advertise or offer to sell any goods or services for any commercial purpose conduct or forward surveys, contents or pyramid schemes or chain letters
· download any file posted by another use of a forum that you know or reasonably know should not legally be distributed in such manner restrict or inhibit any other users from using such forums
· By submitting messages or information to any such forums you agree to indemnify and hold harmless Benefit Connection from all claims costs and expenses arising out of any messages posted or published by you that are in breach of the above.
· By submitting messages or information to any such forums, you grant Benefit Connection a perpetual royalty free and non-exclusive licence to reproduce, make available, distribute and sub-licence such messages or information in whole or in part and in print or electronic form.
· If you enter into any arrangement with a third party as a result of accessing this site, you do so at your sole risk and responsibility.
16. This site may contain advertising and sponsorship. Any such material shall be the sole responsibility of it's providers who shall ensure that it complies with international and national law and Benefit Connection will not be responsible for any errors or inaccuracies in such material.
17. If you provide any personal information to Benefit Connection, you agree that this information may be used by Benefit Connection for the effective administration of the site and in order to communication with you.
18. Benefit Connection reserves the right to make changes to these terms and conditions at any time.
19. These terms and conditions shall be governed by and construed in accordance with South African law.
20. A person or entity breaching these terms and conditions shall be liable to Benefit Connection for all its costs relating to the protection and enforcement of its rights. Benefit Connection retains a right to levy a fee on any person or entity breaching these terms and conditions, calculated and decided by Benefit Connection.
21. Benefit Connection does not complete forms for clients' BEE (add as many "E" as you wish) or other purposes.
22. The information provided on the "Subscription rates" page constitutes part of these terms and condition.
23. No subscribing organisation may cede, assign or otherwise pass on any right relating to its subscription to another body, company or organisation.
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