NET YOUR NICHE (PTY) LTD

Terms and Conditions of Membership

  1. DEFINITIONS:

1.1. “network” – shall mean the Net Your Niche (or NYN) online referral and introduction platform.

1.2. “Member” –  shall mean any person who has been accepted as a Member to the network by way of written confirmation from NYN or the Administrators.

1.3. “The parties” – shall mean NYN and the Member.

1.4. “Administrator(s)” – shall mean the person or persons appointed from time to time, by NYN, to attend to the day-to-day running and administration of the network.

1.5. “Network contact” – shall mean the business contacts or clients of the Member, disclosed to NYN upon application for Membership.

1.6.  “Member profile” – shall mean the Members information and listed client information contained on the online referral and introduction platform.

1.7. “Joining date” – shall mean the day upon which NYN confirms approval of Membership in writing to the Member.

1.8.  “Introduction” – shall mean any form of communication between Members for purposes of introducing another Member to a listed client and any other subsequent communication between Members that may result from that introduction.

1.9. “Lead” – shall mean the information provided electronically by the Administrators for purposes of an introduction.

1.10. “Month” – for purposes of this Agreement shall mean a period 30 days from the joining date and thereafter in multiples thereof.

  1. MEMBERSHIP AND FEES:

2.1. Membership to the network is subject to the approval of NYN and/or its Administrators.

2.2. Prospective Members are required to complete the online application and to provide supporting documents to the Administrators, if so requested, for approval, or not, of the Membership application.

2.3. Prospective Members will be notified in writing of their acceptance to the network, whereupon the terms and conditions of Membership will become binding and enforceable between the parties.

2.4. The undersigned Member hereby agrees to pay the following fees to NYN for participation in the network:

2.4.1. R 460.00 once-off administration fee;

2.4.2. Monthly subscription fee as indicated during the online application process.

2.5. NYN reserves the right to add VAT at the prescribed rate to fees payable upon registration as a VAT vendor.

2.6.The Member acknowledges that he/she will receive a maximum of 3 (three) leads per month for the Premium Package, 5 leads per month for the Supreme Package, 20 leads per month for the Small Corporate Package and 30 leads per month for the Large Corporate Package.  In the event that NYN is unable to provide an introduction in a 31-day cycle from date of submitting such requests, the Member will be entitled to Membership for the next month without payment of his/her monthly Membership fee.

2.7.The Member is obliged to provide 5 listed clients in order to subscribe to the Premium Package, 8 listed clients in order to subscribe to the Supreme Package, 35 listed clients for the Small Corporate Package and 50 listed clients in order to subscribe to the Large Corporate Package.

2.8. Members must advise NYN per email should they require a change of their package. Package changes are subject to approval by NYN. Package changes will be effective the month following approval by NYN.

2.9. Membership may be cancelled by either party by way of written 30 (thirty) day notice, subject thereto that the Member shall not be entitled to cancel Membership within the first 3 (three) months of Membership.

2.10. Members will be liable for payment of the once-off administration fee for resubscription following cancellation or termination of Membership, regardless of the reason for cancellation or termination.

  1. GENERAL:

3.1. Members must present their primary occupation, not a part time business.

3.2. Members must rate every Member introduction and provide reasons for the rating given.

3.3. Members acknowledge and agree that NYN reserves the right, in their absolute discretion, to terminate Membership should a Member receive 3 consecutive negative ratings and / or 4 negative ratings in a 12 month period.

3.4. Members acknowledge and agree that it is their sole and exclusive responsibility to conclude business transactions with network contacts of other Members (i.e. To convert the introduction to business) or to conclude business with other members, with whom an introduction has been facilitated through NYN.

3.5. The laws of the Republic of South Africa shall govern this Agreement, its implementation and interpretation and any arbitration or litigation arising out of or in relation to this Agreement.

3.6. All disputes arising out of or related to this Agreement or the Members participation in the network shall be resolved by way of arbitration.  Either party may refer the dispute, within 14 (fourteen) days of the dispute arising, to the Arbitration Foundation of South Africa (“AFSA”) for the appointment of an arbitrator to arbitrate the dispute in accordance with the rules of AFSA. The parties acknowledge and agree that the decision of the arbitrator will be final and binding.

3.7. NYN accepts no liability to Members, their offices, directors or employees for any indirect, consequential, incidental, special or punitive damages which the Member, their offices, directors or employees may suffer as a direct or indirect result of Membership to the network.

3.8. The Member hereby grants NYN, or their Administrators, permission to contact the Members’ listed clients for marketing of the network or additional paid services.

3.9. NYN will take all reasonable measures to protect the integrity of all information provided by the Member.  This information will not be used for any purpose other than that intended by the Agreement between the Member and NYN.

  1. CONFIRMATIONS & UNDERTAKINGS BY MEMBER:

4.1. I undertake and confirm to introduce a fellow Member to my listed network contact, when requested to do so by the Administrators.

4.2. I undertake and confirm that I will review and update my profile once per month, on or before the anniversary of my joining date.

4.3. I undertake to review and update my network contacts once per month, on or before the anniversary of my joining date.

4.4. I undertake and confirm to render my services or products in a workman like manner and at fair prices.

4.5. I undertake and confirm that I will not use any information regarding network contacts of fellow Members to solicit any undue benefit for myself, to the exclusion of my fellow Member from whom the information was obtained and furthermore not to attempt in any way to discredit the fellow Member with his/her client after introduction to such client.

4.6. I confirm that I have provided truthful information about my business and the business contacts or clients of my business and acknowledge that NYN reserves the right to cancel my Membership summarily, should the contrary be found by NYN, in their absolute discretion.

4.7. I hereby agree and provide my consent to NYN and their administrator(s) to contact my references and clients to verify the information provided by myself.