Unless the context indicates otherwise;
PARTIES - means CLIENT and Q LINK 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 Q LINK Transact undertakes to
perform on behalf of CLIENT as specified in this agreement;
SERVICE FEE – means the remuneration due to Q LINK 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 Q LINK Transact effectively
and time-ously;
BANKSERV - means the South African Bankers
Services Company Limited (previously Automated Clearing Bureau (Pty) Limited)
("ACB");
Q LINK Transact's ACCOUNT - means the bank account used by
Q LINK 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 Q LINK 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 Q LINK 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 Q LINK 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 Q LINK 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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