Unless the context indicates otherwise;
PARTIES - means CLIENT and NUTUN Transact;
ACTION DATE – means the date on which the payment
and/or value becomes effective, ie the date on which the banks pass the entry
in their books;
SERVICE – means the tasks which NUTUN Transact undertakes to
perform on behalf of CLIENT as specified in this agreement;
SERVICE FEE – means the remuneration due to NUTUN Transact
specified in the Annexures to this agreement, for undertaking and or providing
the specified service;
PRODUCT – means the internet based system (APS)
which will be the platform for CLIENT to submit payment and settlement
instructions to NUTUN Transact effectively
and time-ously;
BANKSERV - means the South African Bankers
Services Company Limited (previously Automated Clearing Bureau (Pty) Limited)
("ACB");
NUTUN Transact's ACCOUNT - means the bank account used by
NUTUN Transact to facilitate the settlement and payment instructions.
CLIENT ACCOUNT – means the bank account details
as provided by CLIENT in the space provided in Annexure “A” to this agreement;
INTELLECTUAL PROPERTY - means all patents, trade
marks, service marks, source codes, inventions, design rights, copyright,
know-how, trade or business
names and other similar rights and obligations, whether registered or
application for registration thereof has
been made;
SETTLEMENT AMOUNT - means the amount equal to the
total amount of all credits to be processed by NUTUN Transact received from banks or
finance houses;
FINANCE HOUSE – means and financial institutions
providing vehicle financing facilities within the South African regulatory
environment.
SOFTWARE - means any computer software developed
or purchased by NUTUN Transact or licensed to BDB as well as customisation of such
software in order
to provide the service;
OUTPUT – means documentation, including account statements,
created as a result of the use of the SERVICE as agreed upon between the parties
from time to time, excluding CUSTOMISED Outputs;
MEDIUM - means any computer hardware, software,
paper and electronic methods, including direct links and the Internet, upon
which information shall
be supplied and data transfer to and by NUTUN Transact to and from CLIENT;
BANK – means any bank registered in terms of the
Banks Act, 1990 as amended.
EFT – means Electronic Funds Transfer.
FICA – means the Financial Intelligence Centre
Act, No 38 of 2001.
COMPANY REPRESENTATIVE – means the person
authorised by CLIENT to give instructions in terms of this agreement to NUTUN Transact.
PRODUCT PROVIDER – means any provider of motor
vehicle ad on insurance, maintenance, and or other accessories as indicated by
CLIENT.
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