Terms and Conditions, Policies and Procedures.
The Terms and Conditions set forth herein are deemed a material part of and shall be in addition to those agreements made by the Applicant upon registering as a Tenant and/or Agent with BizHub Central (the “Company” or “BHC”), and all references to Tenants will include Agents. There is a separate Terms and Conditions for the Loyalty Program.
BizHub Central is described as an online business hub, hive or online shopping mall that is populated by entrepreneurs and small, medium and micro business owners (“Tenants”) with products or services (“Goods”) to sell to the public.
It provides each Tenant with:
a.) their own URL;
b.) professionally designed web pages;
c.) a business email account (optional);
d.) their own online Shop (optional);
e.) full use of our checkout page and payment gateway;
f.) low set up costs and monthly rentals;
g.) access to a growing number of visitors and customers invited to the web site by themselves and other tenants, to the benefit of all;
h.) customer access to their web pages and their shopping cart.
BizHub Central offers visitors and potential customers access to a large number of online shops with multiple Goods for sale, with the ability to shop from the comfort of their own homes or offices.
BizHub Central offers Sales Agents (“Agents”) massive income potential (commissions / sales rebates / bonuses) for finding and signing up new Tenants who wish to join the BizHub Central Community and who purchase BizHub’s products and services necessary for setting up and maintaining their presence in the Hub. Potential Agents will complete a separate Agents Registration Form and be bound by the BHC Agents Agreement should they wish to become Independent Sales Agents for the Company.
Tenants understand that they should actively help grow the Company by marketing their URL through word-of-mouth or media advertising. Tenants understand that their decision to join BizHub Central is purely voluntary.
Tenants must be of legal age before joining BizHub Central, failing which, a parent or legal guardian may assume responsibility for a minor. Tenants are solely responsible for all of their activities and shall be solely responsible for the declaration and payment of all local taxes as may accrue because of their activities in connection with this Agreement.
The BizHub Central services may be used for lawful purposes only. The transmission or storage of any material in violation of any local, international, federal or state law or regulation is expressly prohibited.
Nothing in this agreement shall be construed as creating a partnership, joint venture, or association between the Parties or making Tenant an employee of BizHub Central. In all of its operations hereunder, Tenant shall be deemed an independent business owner/contractor, shall conduct its business at its own cost and expense and shall have no authority to make any representation or warranty on behalf of BizHub Central. At no time shall Tenant represent that Tenant represents or is authorised to obligate or act on behalf of BizHub Central, unless expressly authorised by this Agreement or with the prior written consent of BizHub Central.
Tenants will not make false or misleading statements about BizHub Central’s benefits or operations, and Tenant understands that false or misleading statements to enlist a Tenant or Agent into the Company will result in the immediate termination of that Tenant’s tenure.
Tenant should take responsibility for supervising and supporting any Tenants or Agents they invite into the Company. Tenant should maintain communication with and support of Tenants they have introduced to the Company by way of any of the following, or combination thereof: Personal contact, telephone communication, written communication, email or other online communication and attendance at Tenant/Agent meetings, if any.
All advertising and promotions conducted by Tenant must be approved prior to use by an authorised representative of BizHub Central. Said approval must be in writing or transmitted via email to Tenant. Tenant hereby acknowledges and agrees Tenant shall not acquire, nor may it assert any right to title or interest in the trademarks, logo’s, trade names or other proprietary rights of BizHub Central arising under British law and International conventions, by virtue of the execution or performance of this agreement. Tenant shall have no right to make modifications or changes to, or adaptations of the trademarks, logo’s, trade names or other proprietary rights of BizHub Central; Tenant shall not attempt to register any of BizHub Central’s trademarks, logo’s, trade names or other proprietary rights without BizHub Central’s written permission.
The term of this Agreement is for the lifetime of BizHub Central, unless earlier terminated. Tenant shall be entitled to cancel its tenure with BizHub Central at any time, for any reason upon one calendar month’s prior written notice by certified mail or email to BizHub Central. BizHub Central shall be entitled to cancel Tenant’s account, for any violation of this Agreement, without prior notice to Tenant. The cancellation or termination of Tenant’s account, for any reason whatsoever, shall automatically revoke and terminate Tenant’s licenses granted in this Agreement.
Tenant understands that no attorney general or other regulatory authority ever endorses or approves any product, compensation program or company, and Tenant will make no such claims to others.
Tenant understands that their tenure can be inherited or bequeathed, but cannot be transferred or assigned during Tenant’s lifetime without consent of BizHub Central, of which consent will not be unreasonably withheld.
Tenant customer lists and names are owned by BizHub Central and may never be used for any commercial purpose without prior written consent of BizHub Central.
BizHub Central will not in any circumstance be responsible for problems, losses, or damages arising from: loss of connectivity, errors in content due to application problems, loss of access by Tenants, or temporary or permanent loss of data.
Tenant’s violation or breach of any of the terms set forth in this Agreement shall entitle BizHub Central to terminate all services to Tenant immediately and without prior notice thereof, and without obligation of the refund of any monies or fees paid to BizHub Central. Furthermore, in the event Tenant’s unauthorised advertising or promotion activities cause any disruption of BizHub Central operations, Tenant shall be liable for all damages of any kind suffered by BizHub Central, directly or indirectly, as a result of said disruption. The foregoing causes of action and remedies shall be in addition to such remedies as BizHub Central shall be entitled to pursue under this Agreement or applicable local, federal or state laws.
BizHub Central does not warrant that the services provided hereunder will be error free or uninterrupted. The services are provided on an “as is” basis without warranties of any kind, either expressed or implied. BizHub Central shall not be responsible for any losses, damages or costs that Tenant and Tenant’s business may suffer when using or arising out of the services provided hereunder by BizHub Central. Tenant agrees to indemnify and hold harmless BizHub Central from any claims resulting from Tenant’s use of the services. Tenant expressly agrees that the use of the services is at Tenant’s sole risk. Neither BizHub Central nor its service providers or agents shall have any liability for any damages suffered by Tenant or any other party, including incidental or consequential damages, arising from breach of warranty or breach of contract, negligence or any other legal ground of action.
This agreement shall be deemed “in effect” upon its receipt and acceptance by Tenant and acceptance of Tenant by BizHub Central.
Tenants will maintain high standards of honesty and integrity and business ethics when dealing with prospective Tenants, Agents, customers, BizHub Central or other BizHub Central Tenants and Agents.
An applicant becomes a Tenant or Agent of BizHub Central when the applicant’s completed Application and Agreement and initial tenure fees have been received and accepted by BizHub Central. BizHub Central reserves the right to decline any Agreement for any reason. Tenants use their best efforts to promote the rewards and benefits of BizHub Central tenure to prospective Tenants pursuant to the Agreement contained within these Policies and Procedures.
Tenants are currently charged a one-off web design cost of £200 (two hundred pounds) per web page, a rental of £30.00 (thirty pounds) per web page per month, and a one-off £30 (thirty pounds) per item product listing cost. This cost decreases per item as the number of items for listing increases. See the Price List. These fees cover fixed and variable operating costs, the cost of programming, designing, hosting and maintaining our web site, Agents’ commissions, software and IT costs, incentives, and more. Tenant agrees to continue to pay the current or prevailing rental per page per month until Tenant either resigns or is removed from the BizHub community. In addition, Tenant is required to make available a Preferential Discount Voucher or Vouchers of up to 10% off for products sold to Loyalty Program participants only, as incentives for them to buy from the Tenants’ BizHub stores.
Tenants are authorized to invite new Tenants or Agents to join BizHub Central.
Sales income earned by Tenant is paid into Tenant’s designated bank account or BizHub-issued VISA debit card as soon as it has cleared through the Company’s bank account at the end of every completed transaction, or at the end of every month, as agreed upon between BizHub Central and Tenant.
Any legal entity with products or services to sell may become a Tenant of BizHub Central, including registered charities, schools, churches, NGO’s, corporations, partnerships, limited liability companies or other forms of business organizations or trusts. Any individuals in the organisation such as shareholders, directors, officers, partners, Tenants, staff, beneficiaries and trustees may become Tenants in their individual capacities, each of whom BizHub Central will hold personally liable and bound by this Agreement.
A person or entity may not apply as a Tenant using a fictitious or assumed name.
Tenants are Independent Business Owners and Agents are Independent Sales Contractors. They are not franchisees, joint ventures, partners or employees of BizHub Central and are prohibited from stating or implying, whether orally or in writing, otherwise. Tenants have no authority to bind BizHub Central to any obligation. BizHub Central is not responsible for liability, health disability and workmen’s compensation insurance. Tenants set their own hours and determine how to conduct their BizHub Central web page activities, subject to BizHub Central’s Agreement and the Policies and Procedures.
As Independent Contractors, Agents will not be treated as franchisees, owners or employees of BizHub Central for income tax purposes including, with respect to the South African Revenue Service, unemployment act, or any other local statute, ordinance, rule or regulation.
Tenants must comply with all applicable local statutes, regulations and ordinances concerning the activities of their tenure. Tenants are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
No franchise is granted and there are no exclusive territories for invitation or sales purposes. No geographical limitations exist on inviting new Tenants in the BHC community; provided, however, that BizHub Central reserves the right not to contract with Tenants in specified areas within South Africa.
Tenants may invite potential Tenants into BizHub Central’s Website. Tenants must ensure that each potential Tenant has reviewed and has had access to the current Terms and Conditions Agreement prior to or when directing the individual to the Tenants Registration Form.
Except as expressly set forth herein, Tenant may not sell, assign or otherwise transfer his or her web page (or rights thereof) to another Tenant or to an individual which has an interest in registering as a Tenant except upon prior written approval of BizHub Central to correct ethical violations as determined at the sole discretion of BizHub Central.
If it is determined, at BizHub Central’s sole discretion, that a Tenant’s web page was transferred in an effort to circumvent compliance with the Agreement or the Policies and Procedures, the transfer will be declared null and void. The Tenant’s web page will revert back to the transferring Tenant, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at BizHub Central’s sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Tenant to ensure compliance with the Policies and Procedures.
Any Tenant who transfers his or her web page must wait for six (6) months after the effective date of such transfer before becoming eligible to reapply to become a Tenant.
During the term of this Agreement and for ninety (90) days thereafter, a Tenant may not transfer, nor attempt to transfer, another BizHub Central Tenant into any other similar web site, with the exception of personally invited Tenants, nor may a Tenant participate in any action that causes another Tenant to be persuaded through someone else into another similar web site, unless said company forms part of the BizHub Central Project and the transfer is done via BizHub Central.
A Tenant may voluntarily terminate his or her Tenant status by sending one calendar month’s written notice of such resignation or termination to BizHub Central. Voluntary resignation is effective upon receipt of such notice by BizHub Central. A Tenant who resigns or terminates their Tenant status may reapply as a Tenant 6 (six) months after resignation, which may or may not be accepted at BizHub Central’s sole discretion. Tenant’s rental fee will only be refunded if Tenant resigns within 7 (seven) days from date of joining. The set up (web page design) fee is non-refundable.
A Tenant may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures and other documents produced by BizHub Central upon written notice. BizHub Central may terminate a violating Tenant without placing the Tenant on suspension, at BizHub Central’s sole discretion. When the decision is made to terminate a Tenant, BizHub Central will inform the Tenant in writing at the address in the Tenant’s file that the termination has occurred, or at their given email address.
If a Tenant wishes to appeal the termination, BizHub Central must receive the appeal in writing fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If a Tenant files a timely notice of appeal, BizHub Central will review the appeal and notify the Tenant of its decision within ten (10) days after receipt of the appeal. The decision of BizHub Central will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
Immediately upon termination, the terminated Tenant:
a.) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of BizHub Central;
b.) Must cease representing themselves as a Tenant of BizHub Central;
c.) Loses all right to his or her tenure; and
d.) Must take all action reasonably required by BizHub Central relating to protection of BizHub Central’s confidential information.
Participating Retailers will receive regular updates of cancelled Tenants.
BizHub Central has the right to offset any amounts owed by a Tenant to BizHub Central including, without limitation, any indemnity obligation incurred pursuant to the Tenant’s violation of any of the Policies and Procedures included herein.
The acceptance of any reapplication of a terminated Tenant or the application of any family member of a terminated Tenant shall be at the sole discretion of BizHub Central and can be denied.
Where local laws on termination of a terminated Tenant are inconsistent with this policy, the applicable law shall apply.
Notwithstanding any other provision herein, upon the death of a Tenant, the Tenant’s web page business will pass to his or her successors in interest as provided by law. However, BizHub Central will not recognize such a transfer until the successor in interest has completed a Tenant Registration Form and agreed to abide by a current Agreement and submitted certified copies of the death certificate, will, trust or other instrument required by BizHub Central. The successor will only thereafter be entitled to all the rights and be subject to all the obligations of a BizHub Central Tenant.
BizHub Central’s name, trademark, service marks, and copyrighted materials are owned by BizHub Central. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
Only the promotional and advertising materials produced by BizHub Central or approved in advance in writing by BizHub Central may be used to advertise or promote the Company’s Website. BizHub Central’s literature and materials may not be duplicated or reprinted without the prior written permission of BizHub Central.
Tenants may use the name of BizHub Central only in the following format: “Independent Associate/Tenant/Contractor/Agent of BizHub Central.”
Tenants are permitted to create or order their own stationary, business cards or letterhead graphics from their preferred printers, at their own cost.
Tenants may advertise and promote their BizHub Central web page URL’s and they may use BizHub Central’s name on social media, including on the Internet via web sites or otherwise, without the prior written approval of BizHub Central.
Tenants are not permitted to use BizHub Central’s trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Tenants are not permitted to list their numbers under BizHub Central’s trade name without first obtaining BizHub Central’s prior written approval. If approval is granted for a Freecall or Sharecall listing, it must be stated in the following manner: “Independent Associate/Tenant/Contractor/Agent of BizHub Central.”
Tenant may not answer the telephone by saying “BizHub Central,” or in any other manner that would lead the caller to believe that he or she has reached the office of BizHub Central.
Tenants are not permitted to use BizHub Central’s trade name or any of its trademarks or service marks on their business or personal checking accounts.
Tenants are prohibited from granting radio, television, newspaper tabloid or magazine interviews or making any type of statement to the public media to publicize BizHub Central, its products or BizHub Central’s business, without the express prior written approval of BizHub Central, but they may promote their own BizHub Central community web pages. Otherwise, all media inquiries should be in writing and referred to BizHub Central’s office or legal department.
No endorsements by a BizHub Central office or administrator or third party may be asserted, except as expressly communicated in BizHub Central literature and communications. Local, federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Tenants may not represent or imply, directly or indirectly, that BizHub Central’s programs, products or services have been approved or endorsed by any governmental agency.
Tenants may not produce for sale or personal use products sold by BizHub Central, Attraction Marketing Surveys & Videos or any BizHub Central-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio-taping of BizHub Central meetings and conferences is strictly prohibited.
Tenants, as Independent Contractors, are encouraged to distribute information and direction to the BizHub Central web site. However Tenant must identify and distinguish between personal communications and the official communications of BizHub Central.
Sales payments cannot be paid out to Tenants until they have cleared through the Company’s bank account.
BizHub Central’s offices are open Monday through Friday 9:00am – 5:00pm, GMT+1 (or GMT+2 during Northern Hemisphere daylight saving time), with the exception of certain holidays as posted by BizHub Central.
Sales incomes are paid to Tenants immediately they have been received by the Company from the buyer. The Tenant must then arrange for collection or delivery of the goods with the buyer. An escrow service is available to Tenants and Consumers for greater security and peace of mind of the two parties.
Monthly rentals and set up costs may be paid for as stated on the web site payment page (if stated), by electronic funds transfer (EFT) only.
The Tenant is initially not responsible for paying the costs of any administrative, banking, posting, delivery or maintenance fees, but may be charged these fees in future by BizHub Central, which fees may change at any time based on increased costs incurred by BizHub Central and past payment history of the Tenant.
The integrity of BizHub Central’s online business community project is built upon ethical person-to-person, one-on-one, in-home presentations and website methods of invitation.
Tenant may make no claim, representation or warranty concerning any product or service of BizHub Central, except those expressly approved in writing by BizHub Central or contained in official BizHub Central materials.
Fax blasting and unsolicited E-mailing (spamming) is strictly prohibited and will result in immediate termination.
Except as expressly stated herein, BizHub Central makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through BizHub Central.
BizHub Central reserves the right to institute a processing charge for cheques or credit or debit card transactions, should any of these occur in the future.
Each and every Tenant agrees to indemnify and hold harmless BizHub Central, its officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Tenant’s (a) activities as a Tenant; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
To the extent permitted by law, BizHub Central shall not be liable for, and each Tenant releases BizHub Central from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by a Tenant as a result of (a) the breach by a Tenant of the Agreement and/or the terms and conditions of the Policies and Procedures; (b) the operation of a Tenant’s business; (c) any incorrect or wrong data or information provided by a Tenant; or (d) the failure to provide any information or data necessary for BizHub Central to operate its business, including, without limitation, the enrolment and acceptance of a Tenant into the BHC online community.
BizHub Central encourages all Tenants to keep complete and accurate records of all their business dealings.
BizHub Central shall not be responsible for delays or failure in performance caused by circumstances beyond a party’s control, such as strikes, labour difficulties, fire, war, government decrees or orders or curtailment of a party’s usual source of supply.
It is the obligation of every Tenant to abide by and maintain the integrity of the Policies and Procedures. If a Tenant observes another Tenant committing a violation, he or she should discuss the violation directly with the violating Tenant. If the Tenant wishes to report such violation to BizHub Central, he or she must detail violations in writing or email only, and mark the correspondence “Attention: Legal Department”.
BizHub Central shall be entitled to modify the Terms and Conditions contained in this Agreement at any time as deemed necessary to comply with changes in local, federal or state laws and economic conditions, and shall become a binding part of this Agreement. BizHub Central further reserves the right to amend the Agreement, Policies and Procedures, its retail prices and product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Tenants through official BizHub Central’s publications or the Company’s web site. Amendments are effective and binding upon submission to BizHub Central’s web site. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
The Policies and Procedures are incorporated into the Agreement and constitute the entire agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures, or any specification, standard or operating procedure which BizHub Central has prescribed is held to be invalid or unenforceable, BizHub Central shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Tenant shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
TO THE EXTENT PERMITTED BY LAW BIZHUB CENTRAL AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND TENANTS HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY TENANT AND BIZHUB CENTRAL, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. Furthermore, it is agreed that any damages to a Tenant shall not exceed and are hereby expressly limited to, any sales payments owed to the Tenant.
Any communication, notice or demand of any kind whatsoever which either the Tenant or BizHub Central may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, e-mail or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
The parties choose as their domicilia citandi et executandi for all purposes under this contract, whether in respect of court process, notices or other documents or communication of whatsoever nature, the addresses stated on the Application Form.
Any party may by notice to the other party change its domicilium citandi et executandi to another physical address and/or mobile phone or telefax number in the Republic of South Africa, provided that such change shall become effective only on the seventh day after the receipt of the notice.
Any notice to a party:
75.1 sent by prepaid registered post from any Post Office in the United Kingdom to the other party to its chosen postal address shall be deemed to have been received by such party on the fifth day after the posting thereof;
75.2 delivered by hand to a responsible person during the ordinary business hours at its chosen physical address, shall be deemed to have been received by such party on the day of delivery thereof;
73.3 transmitted by fax to the chosen telefax number shall be deemed to have been received by the addressee on the day after the transmission thereof;
73.4 sent my email, Whatsapp, Telegram or any other electronic media platform shall be deemed to have been received by the addressee on the same day of the transmission thereof.