TERMS AND CONDITIONS EME B-BBEE EXEMPT AFFIDAVIT IF YOUR TURNOVER IS UNDER R10 MILLION
Terms and Conditions of Exempted Micro
This EME Verification Agreement is between:
Taxrek Professional Services (Pty) Ltd, a Professional Accounting firm registered with the South African Institute for Professional Accountants or SAIPA (hereinafter referred to as Taxrek). and The Enterprise as per this online registration document (hereinafter referred to as The Client).
Taxrek and The Client hereby agree as follows:
The meanings of the following words and phrases, which are widely used in this Service Agreement, are set out below:
Administrator: Collectively or individually, persons employed or contracted to perform the validation and verification of information on behalf of Taxrek.
BBBEE: Broad-Based Black Economic Empowerment
BEE: Black Economic Empowerment
The Client: The business enterprise, its employees or any other person who represents the business enterprise who is applying for this verification of B-BBEE status.
Taxrek: Taxrek Professional Services (Pty) Ltd, its employees and agents
Taxrek shall provide B-BBEE Verification services in accordance with the authority granted by the Broad-Based Black Economic Empowerment Act no 53 of 2003 (as amended), the Codes of Good Practice on Black Economic Empowerment (as amended), the Verification Manual published on 18 July 2008 (as amended), and the Joint Statement made by the DTI and SAIPA on 26 April 2012 with specific reference to the verification of Exempted Micro Enterprises.
Taxrek will send a correct and valid Pro Forma to The Client for the
services to be performed. The Client indicates final acceptance of this
Agreement by making payment of the full amount as per the Pro Forma into
the bank account of Taxrek, as indicated on the Pro Forma, and will use
the Reference Number as per the Pro Forma as payment reference.
Once payment is received, Taxrek will send a Tax Invoice to The Client’s indicated e-mail address. No refunds will be made of funds paid once any documentation has been received.
This agreement may be terminated by Taxrek if:
- The Client does not supply the correct required documents within 6 months of the date that payment was received
- Any indication that documents were obtained falsely, fraudulently or contains a deliberate miss representation of facts
- No fees will be refunded under these circumstances
This Agreement may be terminated by The Client if:
- He falls outside of the thresholds to be classified as an EME
- He has not submitted any documents and decides to discontinue the verification process for whatever reason
- No fees will be refunded under these circumstances
Any Termination of this agreement shall to be without prejudice to any or all rights which may have accrued to either Taxrek or to The Client prior to the termination of the verification process.
The Client will not be refunded the paid fee if The Client decides not to continue with the B-BBEE verification process other than as described above.
Services shall be deemed contracted when the Taxrek receive the full payment as per the Pro Forma or Invoice sent to The Client’s e-mail address.
This Agreement will commence on the date that Taxrek receives the payment by The Client into the Taxrek bank account and will continue until:
- The EME Certificate is sent to The Client’s indicated e-mail address, or
- This Agreement is Terminated as per the Termination Clause above.
During the Verification Process, Taxrek may acquire sensitive information concerning The Client’s business. Taxrek will not disclose any confidential information about The Client to any third party without The Client’s consent. This clause shall not apply if Taxrek is required to disclose information to its insurers and/or legal advisors or if put under legal obligation to disclose such confidential information.
The Client agrees to keep confidential any methodologies used by Taxrek to carry out its services.
Disclosure of Information
Any product of the services, excluding verification certificate,
supplied to The Client in any form or medium shall be supplied by
Taxrek on the basis that it is for The Client’s benefit and information
only, that it shall not be copied, referred to or disclosed, in whole or
in part, without Taxrek’s prior written consent.
The Client’s Responsibilities
The Client requests a verification of his BBBEE status and submits information to support is request and shall retain responsibility and accountability for:
- the correct representation of the details of his enterprise’s financial statements, ownership, registration documents, tax registration, management and of its business and affairs that may be required for this EME Verification Agreement;
- adherence to Taxrek’s policies, prescribed documents and procedures for the prevention of errors and irregularities, including fraud and illegal acts.
- To enable Taxrek to perform the EME Verification services, The Client shall use, procure and supply promptly all information and assistance and all access to documentation in The Client’s possession, custody or under The Client’s control where required by Taxrek.
- The Client shall inform Taxrek of any information or developments which may come to The Client’s notice and which might have a bearing on the EME Verification services.
- Taxrek may rely on any instructions or requests made or notices given or information supplied, whether orally or in writing, by any person whom Taxrek knows to be or reasonably believe to be authorised by The Client to communicate with Taxrek for such purposes.
- Taxrek will communicate with The Client by electronic mail, on the basis that in consenting to this method of communication,
- The Client accept the inherent risks (including the security risks of interception of or unauthorised access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices) and that
- The Client shall perform his own security measures and checks on the correctness and integrity of any information received electronically from Taxrek.
Taxrek may receive information from The Client or from other sources in the course of delivering the services and:
- Taxrek shall consider the consistency and quality of information received by it;
- Taxrek may seek to establish the reliability of information received by it;
- Taxrek shall not be liable to The Client for any loss or damage suffered by The Client arising from fraud, misrepresentation, withholding of information material to the EME Verification services or other default relating to such material information, whether on The Client’s part or that of the other information sources.
- Taxrek will not be responsible for loss or damage arising as a result of information material to the EME Verification service being withheld or concealed from Taxrek, or wrongly represented to it.
Taxrek may use the contact information supplied by The Client to
communicate with The Client regarding this or related services supplied
Taxrek will not disclose, sell or provide the contact information of The Client to any third party without the specific permission from The Client.
Knowledge and Conflicts
- No employee of Taxrek or its agents shall be required, expected or deemed to have knowledge of any information about The Client unless it was submitted by The Client via the channels as requested.
- No employee of Taxrek or its agents shall be required to disclose to The Client any information, whether known to them personally or known to colleagues, which is confidential to another Client.
The EME Verification Services Contract
Any modifications or variations to this agreement must be in writing and signed by an authorised representative of each of the parties. No variation of the terms and conditions of the engagement will be of any force or effect, unless reduced to writing and signed by all of the signatories thereto.
Circumstances beyond the The Client’s or Taxrek’s control
Neither party shall be in breach of their contractual obligations nor incur any liability to the other if a party is unable to comply with the services contract as a result of any cause beyond their reasonable control. In the event of any such occurrence the affected party shall be obliged as soon as reasonably possible to notify the other party, who shall then have the option of suspending or terminating this services contract.
Waiver, Assignment and Appointment of Sub-Contractors
Failure by either party to exercise or enforce any rights available to them shall not amount to a waiver of any rights available to either party.
Neither of the parties shall have the right to assign the benefit or burden of this agreement without the written consent of the other party.
Taxrek shall have the right to appoint sub-contractors, who will be bound by the same confidentiality clauses, to assist it in delivering the services as contracted by Taxrek, but Taxrek shall retain the overall responsibility for the delivery of the contracted services
Exclusions and limitations of liability
The maximum liability of any individual or employee, as the case may be, of any person or entity
controlled, owned or associated with Taxrek in respect of direct economic loss or damage suffered by The Client or by other beneficiaries arising out of or in connection with the EME Verification service, shall be limited to the fees charged and paid for these services. The maximum liability shall be an aggregate liability for all claims arising, whether by contract, negligence or otherwise.
The Client shall indemnify Taxrek and hold it harmless against any loss, damage, expense or liability incurred by them or the third party as result of, or arising from, or in connection with any breach by The Client of The Client’s obligations under the EME Verification Agreement.
Each clause or term of the services contract constitutes a separate and independent provision. If any of the provisions of the services contract are held by any court or authority of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect.
Acceptance of the Terms and Conditions of the EME Verification Agreement
By clicking on “I Accept” you agree that:
- You have read the EME Verification Agreement
- You are duly authorised to enter into and bind The Party that you represent to the EME Verification Agreement
- You accept the Terms and Conditions herein contained