Terms & Conditions

  1. BEE Affidavit Generator (the 'Service Provider') hereby licences the use of the Affidavit Generator on-line BEE affidavit generation System (hereinafter referred to as the 'System') to the undersigned User subject to the terms and conditions of this licence agreement.

  2. The Licence fee per Affidavit will be R 199.00 excluding VAT. This amount will be non-refundable, however the User will have a period of 7 (seven) days from the date of issue of the Affidavit to lodge a formal application detailing valid reasons if they feel the product is not fit for purpose.

  3. Annual renewals of the licence agreement will be subject to an escalation rate calculated on the prior year's licence fee paid by the User. The escalation rate will be no more than 10% (TEN PERCENT) excluding VAT, in any one particular year.

  4. Any licence fee is payable in full in advance by the User to the Service Provider. A final invoice will be issued upon payment by the User.

  5. The licence fee is payable online to the Service Provider.

  6. The licence herein granted is a 'One Payment per Affidavit' licence in that it is limited to a single Affidavit.

  7. Delivery: After clearing of the funds payable in the bank account of the Service Provider, the System will send the Affidavit to the User by email, and will also enable the User to download the Affidavit.

  8. The parties acknowledge that all intellectual property in and to the System including but not limited to design, layout, business concept and programming code vests with BQ Systems.

  9. The Service Provider agrees to take all reasonable steps to ensure the:
    1. proper functioning of the system;
    2. security of the System;
    3. uninterrupted operation thereof;
    4. resolution of all technical and Systems-related queries;
    5. upkeep of the system with legislative changes.

  10. Although all steps have been taken to ensure the credibility, proper functioning and security of the System the Service Provider does not warrant the correctness of the results gained from the System. The User uses the System at own risk and acknowledges that it is responsible for applying its mind to the issuing of any affidavit.

  11. The Service Provider consequently will not be liable for any direct or consequential losses the User may suffer as a result of the use of the system, breach of security thereof, loss of data, server or Internet downtime or incorrect results or outcomes of the System.

  12. The User agrees that:
    1. It will not grant access to the system to any person that is not an employee of it;
    2. It will not allow any user it creates on the System to distribute, share or otherwise make known its unique username and password to any other person.
    3. It will not allow the unlawful use of the system in any way or form and that it will report any unlawful use to the Service Provider the moment it becomes aware thereof.
    4. Will not copy or distribute any portion of the System for its own or any other use.

  13. Should the User be in breach of any of the terms of this agreement or, in the sole discretion of the Service Provider, be misusing the System the Service Provider will have the right to immediately cancel this agreement, suspend access to the system and institute an action for damages and/or specific performance against the User over and above other Remedies available to it.

  14. In cases where access to the system is suspended the Service provider will provide the User with a copy of all data uploaded onto the system.

  15. The User chooses its domicilium citandi et executandi at the physical address indicated on the application form for this system.

  16. The User warrants that the person signing this agreement has been duly authorised to do so.

  17. The rule of interpretation that the agreement will be interpreted against the party responsible for the drafting thereof will not apply.

  18. The entire agreement between the parties is confined to writing herein and any amendment thereof must be in writing to be effective.

  19. The User declares that he is aware that the Revised Codes is currently in a transitional phase and only becomes binding on all businesses not governed by a sectoral code on 1 May 2015. Although the Revised Codes expressly allows businesses to opt into it during the transition phase, the entire market - private, parastatal and government departments - might not readily except these affidavits up until 1 May 2015 or until such time as the Preferential Procurement Policy Framework Act’s regulations or guidelines are amended to allow tender boards to accept them. This is notwithstanding the fact that accredited Verification Agencies have been instructed by the Dti to except these affidavits as proof of evidence for assessing the procurement element of private sector businesses.

  20. The User therefore acknowledges that he/she has the responsibility to ensure by confirming with intended recipients of the affidavit (the User's client or the tender board he/she is tendering with) whether they accept affidavits in terms of the Revised Codes – prior to continuing with this process.

  21. The User also understands that no refunds will be made for the use of this system where its clients (whether private or government) refuse to accept these affidavits as sufficient evidence of the business’ B-BBEE Status Level.