Income Plan Terms & Conditions.
As used throughout these terms and conditions, “Agreement” collectively refers to the BizHub Central Independent Distributor Application and Agreement, which hereby incorporates by reference the Policies and Procedures, Income Plan, and any other document incorporated by reference in the aforesaid. These documents, in their current form, and as may be amended by BizHub Central at its sole discretion, constitute the entire contract between BizHub Central and all Income Plan subscribers and are binding on the parties unless amendments or exceptions are submitted in writing and signed by an authorised officer of BizHub Central.
- I certify that I am at least 18 years old (or of contractual age) and that all information I have provided on this Application is accurate. Under its right of contract, BizHub Central maintains the right to decline my application if I provide false or inaccurate information.
- I understand that in order to participate in the BizHub Income Plan to advertise my BizHub Shop to others via the BizHub platform, or in order to qualify for discount vouchers offered by BizHub Tenants (Merchants), I am not required to make any product purchases, but I am required to purchase a monthly qualifying subscription which is commissionable, for the right to distribute / sell the BizHub Central Income Plan concept or BizHub products and services pursuant to this Agreement.
- I understand that BizHub Central accepts initial applications from individuals as well as from business entities.
- I understand that as a BizHub Central Distributor:
a) I am granted the non-exclusive right to offer for sale BizHub Central products and services in accordance with this Agreement;
b) I have the right to sell the BizHub Central Income Plan and earn commissions / sales rebates for successful sales of the Plan to others, plus overriding commissions on my Team members’ sales;
- I agree to abide by the BizHub Central Code of Conduct as detailed in the BizHub Central Policies and Procedures.
- I agree to present the BizHub Central Income Plan and BizHub Central products and services as set forth in literature that is officially produced by BizHub Central.
- I agree that as a BizHub Central Distributor I am an Independent Contractor, and not an employee, partner, legal representative, or franchisee of BizHub Central. I understand and agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, loading, secretarial, office, long distance telephone and other expenses.
I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF BIZHUB CENTRAL FOR ANY PURPOSE. BizHub Central is not responsible for tax withholding, and reserves the right to refuse to withhold or deduct from my bonuses and commissions, if any, taxes of any kind, even if requested or agreed to by me in order to comply with any governmental order of backup withholding. I understand I am responsible to pay all applicable federal and provincial taxes and/or license fees that may become due as a result of my activities as an Independent Distributor.
- If eligible, I will be remunerated for my personal sales of BizHub products and those products sold through my sales organisation. I understand that BizHub Central’s program is built upon retail sales to the end user and that it does not compensate for the mere act of sponsoring, only for the sale of retail products and services. The sale of products and services to consumers must be emphasised in all presentations.
- I have carefully read and agree to comply with the Agreement. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or sales rebates from BizHub Central. I understand that these Terms and Conditions, the BizHub Central Policies and Procedures, or the BizHub Central Income Plan may be amended at the sole discretion of BizHub Central, and by submitting this application I agree to abide by all such amendments. Amendments shall be binding immediately after notification is released through email or through publication on the BizHub Central SA website. The continuation of my BizHub Central business or my acceptance of bonuses or sales rebates shall constitute my participation in the Income Plan. The term of this Agreement is one year (subject to prior cancellation for inactivity or for non-acceptance of any and all amendments relating to the Policies & Procedures).
- I understand that if I fail to annually renew my BizHub Central business, or if it is cancelled or terminated for any reason, I will permanently lose all rights as a Distributor. I shall not be eligible to sell BizHub Central products and services nor shall I be eligible to receive discounts, sales rebates, bonuses, or any other income or incentives resulting from the activities of my former downline sales organisation. In the event of cancellation, termination or non-renewal, I waive all rights I have, including but not limited to property rights, to my former downline organisation and to any bonuses, sales rebates or other remuneration derived through the sales and other activities of my former downline organisation. BizHub Central reserves the right to terminate any Independent Distributor Agreement upon 30 days’ given notice.
- I may not assign any rights or delegate my duties under the Agreement without the prior written consent of BizHub Central. Any attempt to transfer or assign the Agreement without the express written consent of BizHub Central renders the Agreement voidable at the option of BizHub Central and may result in termination of my business.
- I understand that if I fail to comply with the terms of the Agreement, BizHub Central may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
- I represent and warrant that my participation as a BizHub Central Distributor does not breach, violate, or otherwise interfere with any current agreements, past agreements, or surviving clauses of previous agreements, into which I have entered with any other multi-level marketing, direct sales, or other business venture.
- I understand that my participation as a BizHub Central Distributor does not restrict my participation in another multi-level marketing or direct sales opportunity as long as that company’s products and/or services do not compete directly or indirectly with those of BizHub Central.
- I understand and agree that if I elect to participate in another non-competing multi-level marketing or direct sales opportunity, I will maintain separate organisations, independent of one-another, for each such non-competing opportunity.
- BizHub Central, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Agents”), shall not be liable for, and I release BizHub Central and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release BizHub Central and its Agents from all liability arising from or relating to the promotion or operation of my BizHub Central business and any activities related to it (e.g., the presentation of BizHub Central products or Income Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify BizHub Central for any liability, damages, fines, penalties, or other awards arising from any unauthorised conduct that I undertake in operating my business.
- The Agreement, in its current form and as amended by BizHub Central at its discretion, constitutes the entire contract between BizHub Central and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
- Any waiver by BizHub Central of any breach of the Agreement must be in writing and signed by an authorised officer of BizHub Central. Waiver by BizHub Central of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
- If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
- This Agreement will be governed by and construed in accordance with the laws of South Africa. Any claim, dispute or other difference shall be exclusively resolved under provisions of the arbitration legislation for the time being in force in South Africa, as more fully described in the Policies and Procedures.
- The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg or Pretoria, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
- If an Independent Distributor wishes to bring an action against BizHub Central for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against BizHub Central for such act or omission. Distributor waives all claims that any other statute of limitations applies.
- 23.1. I expressly agree to the collection, collation, processing, disclosure, retention and/or use of personal information (as defined in Protection of Personal Information Act 2013 (“Act”) (“Data”) by the Company for purposes of appointing me as a distributor of the Company and maintaining my distributorship which includes, without limitation, information contained in the Application, all calls between myself and employees of the Company which are recorded and to which recording I herewith expressly consent.
23.2. The nominated address of the Company is set out at the beginning of the Application.
23.3. The Data is required in order to enable the Company to activate and effectively manage my distributorship and as such is mandatory.
23.4. I acknowledge that my consent so provided is given freely and voluntarily and I am under no obligation to provide this consent should I choose not to do so. However, a failure to provide such consent shall result in me not being eligible to be a distributor of the Company.
23.5. I acknowledge that I am entitled, at any time, to request information about the Data collected by the Company and may further request that the Data be corrected, deleted or blocked by the Company, in accordance with provisions of the Act.
23.6. I acknowledge that I may object to the processing and use of the Data for marketing and market research purposes at any time.
23.7. Where I suspect any interference with the protection of the Data, I further understand that I may submit a complaint to the Information Regulator as contemplated in the Act.
23.8. I expressly agree that the Company may transfer the Data, whether in electronic form or any other form, to a service provider which may be situated in a jurisdiction that does not have the same level of protection in respect of the processing of personal information, as is provided for in the Act.
23.9. I understand that I may withdraw my consent by providing the Company with 30 (thirty) days’ written notice but that such withdrawal shall result in a cancellation of my distributorship with the Company and, upon cancellation, I shall no longer be a distributor of the Company.
23.10. I understand that as a supplier of goods to consumers in South Africa, I am required to comply with the provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and I am obliged to adhere to my obligations which are more fully set out in the Policies and Procedures in this regard.
23.11. I hereby indemnify and holds harmless the Company, its affiliates and its respective directors, officers and employees, (collectively, the “Indemnified Parties”) from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by the Indemnified Parties as a result of or arising out of any contravention of the CPA (including, without limitation, as a result of or arising out of any harm as defined therein) (“Loss”) alleged or proven under the CPA by a consumer himself or herself, or other person contemplated in section 4(1) of the CPA, to the extent such Loss is attributable to the negligent or intentional conduct of myself or any contravention by me of any applicable law. The Indemnified Party shall promptly notify me of any Loss in respect of which the Indemnified Party intends to claim indemnification under this indemnity.
- I authorise BizHub Central to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
- I understand that I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
- The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. The Company is under no obligation to notify an applicant of an incomplete or faulty application.
- A faxed or online copy of this Agreement shall be treated as an original in all respects.
- I understand that I am entitled to cancel participation in the marketing program and in the Income Plan at any time and for any reason upon written notice to BizHub Central. I understand that BizHub Central is only obliged to refund my initial subscription amount if I resign my position within 5 (five) working days of the acceptance of my application by BizHub Central.
AutoShip Program Enrolment and Payment Authorisation.
If you elect to participate in a future optional AutoShip Program implemented by BizHub Central, the following terms will apply:
- By enrolling in the AutoShip Program I understand that I will automatically receive the items I selected on a monthly basis.
- I may cancel my AutoShip order at any time and for any reason by submitting a written request to BizHub Central at least 2 business days prior to the next scheduled AutoShip date. I understand that cancellations received less than 2 business days before the next scheduled AutoShip date will become effective the following month.
- Following cancellation of my AutoShip order, I may re-sign up with AutoShip at any time during the month.
- I authorise BizHub Central to automatically withdraw payment for my AutoShip order using the method of payment identified on this Application and Agreement or as may update in my back office.
- BizHub Central will only withdraw payment equal to the amount of the products I have selected, plus shipping and processing, and any applicable sales tax.
- I understand that my products will ship when payment clears. BizHub Central will not be responsible for any qualifications, bonuses, or commissions that are missed as a result of declined payments.
- Cancellation of my participation in the AutoShip program does not automatically cancel my BizHub Central Independent Distributor Agreement.