Legal & Compliance

Terms & Conditions

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Last Updated: January 2024
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Introduction and Acceptance of Terms

Welcome to Debella Finance ("we," "us," "our," or "Company"). These Terms & Conditions ("Terms") govern your use of our debit order collection services, including our web portal and related services ("Services"). By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, please do not use our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services following any changes constitutes your acceptance of the new Terms.

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Service Description

Debella Finance provides a comprehensive debit order collection platform that enables:

  • Secure processing of debit orders
  • Real-time transaction monitoring and reporting
  • Customer and debit order management
  • Integration with South African banking systems
  • Automated payment collection and reconciliation

Our Services are designed to facilitate efficient, secure, and compliant debit order collections in accordance with South African banking regulations and the National Payment System Act.

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User Obligations

You agree to:

  • Provide accurate, complete, and truthful information in your account and debit order submissions
  • Maintain the confidentiality of your login credentials and account information
  • Notify us immediately of any unauthorized access to your account
  • Use the Services in compliance with all applicable South African laws and regulations
  • Ensure all debit orders are authorized by customers in writing and in compliance with consumer protection laws
  • Not use the Services for illegal purposes, fraud, or any activity that violates third-party rights
  • Not attempt to gain unauthorized access to our systems or infrastructure
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Payment Terms and Pricing

Service fees are determined based on the volume of debit orders processed and the services utilized. Fees are invoiced monthly based on actual usage during the billing period. Payment terms are Net 30 days from invoice date unless otherwise agreed in writing. Late payments may incur interest charges and may result in suspension of Services. All fees are exclusive of Value Added Tax (VAT) unless otherwise stated.

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Debit Order Processing Terms

Authorization and Compliance

You warrant that all debit order instructions have been authorized by the customer in writing and comply with the National Credit Act, the National Payment System Act, and the Consumer Protection Act. You are responsible for obtaining and maintaining proof of customer authorization.

Processing Timeline

Debit orders are submitted to the banking system on scheduled processing dates. The actual debit from customer accounts may occur 2–3 business days after submission, subject to banking system processing times. We do not guarantee same-day processing of submissions.

Failed Transactions

If a debit order fails due to insufficient funds, invalid account details, or customer intervention, we will attempt reprocessing according to the customer's authorization or your agreement. Multiple failed attempts may incur additional fees.

Reversals and Cancellations

Debit orders may be reversed or cancelled only in accordance with customer authorization, applicable law, or banking system rules. Reversed amounts will be returned to the customer's account within 2–3 business days. You are responsible for managing customer expectations regarding processing timelines.

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Cancellation and Refund Policy

Service Cancellation

Either party may terminate this agreement with thirty (30) days' written notice. Termination does not relieve you of payment obligations for services rendered prior to termination.

Debit Order Cancellation

Customer requests to cancel debit orders must be submitted in writing and processed within 24 business hours. Cancellations become effective for subsequent collection cycles. Fees for processing debit orders already submitted to the banking system may not be refundable.

Refunds

Failed or reversed transactions will be refunded to the customer's original account. Account credit refunds will be processed within 5–7 business days.

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Liability Limitations

To the maximum extent permitted by South African law:

  • We are not liable for any indirect, incidental, consequential, or punitive damages arising from the use of or inability to use the Services
  • Our total liability for any claim arising out of these Terms shall not exceed the fees paid by you in the twelve months preceding the claim
  • We are not responsible for unauthorized access to your account due to your negligence in protecting your credentials
  • We are not liable for service interruptions due to factors beyond our reasonable control (natural disasters, government actions, etc.)
  • Your sole remedy for dissatisfaction with the Services is termination of your account and refund of prepaid, unearned fees
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Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall be resolved through the following process:

  1. Negotiation: Parties will attempt to resolve the matter through good faith negotiation
  2. Mediation: If negotiation fails, either party may initiate mediation through a mutually agreed mediator
  3. Arbitration: If mediation fails, disputes shall be resolved through binding arbitration administered by the South African Arbitration Foundation in accordance with its Rules

The cost of arbitration shall be shared equally between the parties unless the arbitrator determines otherwise.

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Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the arbitration process outlined in Section 8, and thereafter the High Court of South Africa.

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Data Security and Privacy

We implement industry-standard security measures to protect your data, including encryption, secure authentication, and regular security audits. However, no method of transmission over the Internet is 100% secure. For detailed information about how we collect, use, and protect your data, please refer to our Privacy Policy.

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Intellectual Property

All content, features, and functionality of the Services, including but not limited to software, text, and graphics, are owned by Debella Finance or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your authorized business purposes. You may not reproduce, modify, distribute, or transmit any content without our prior written permission.

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Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

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Contact Information

For questions about these Terms & Conditions or to report violations, please contact us:

Phone 010 590 3032
Location South Africa