days of the date of the statement should you believe the statement to be incorrect. therwise it will be deemed that the statement is correct.
1ou should contact the Tenacity ervice entre should you not receive a monthly statement. ailure to receive a monthly statement will not entitle you to refuse or fail to pay any amount that is due on the account.
1We may verify and conirm any record of a payment into the account. ur records will be taorrect unless the contrary is proved by you.
1The account will be credited immediately with any payment made into it, but the credit facility will only be increased once the payment has been cleared.
1ll payments to your account will irst go towards the payment of interest, then to service fees and charges, and inally to the principal debt.
1ou must pay at least the minimum amount as well as any arrears relected on your statement by the due date.
1ou may also repay any amount owing at any time, notwithstanding the instalment relected on your statement.
1ou may pay at any participating branch, or any other facility that we communicate to you from time to time.
1f you fail to comply with your payment terms or any other of the conditions of the agreement, or your estate is sequestrated, or you pass away, or you maes in the application process, then all amounts will, at
our election, become due and payable immediately and your credit facility will be closed.
1The method of payment that you choose will be at your own rise will only recognise the payment when we receive and process it and once it has been cleared.
1egal and other osts
1f your account goes into arrears or if you are in breach of any other provision of the agreement then we may ta any or all of the following actions
1you will be charged with default administration charges relating to any debt collection activities which will include letters and telephone calls made through the month whilst you are in arrears which will not eceed the limits allowed in terms of
1your default status will be noted on the credit bureau which could negatively afect your credit record
1we will suspend your credit facility and give you notice that we intend to close your account on which your full balance will become immediately due and payable
1your account will be handed over to an eternal debt collection agency for the recovery of the amount in arrears and you will be charged with these costs.
1f we institute legal action against you, you will be liable for all legal costs, which will include but not be limited to legal costs on an attorney and client scale, all collection and tracing costsevenue stamps and sherif costs, and related value added tages. These will be debited to your account.
1t may also be taou.
1ertiicate of ndebtedness
ertiicate signed by any of our managers whose appointment and authority need not be proven, in which the amount of your indebtedness to us and the interest rate applicable to your credit facility is stated, shall be accepted as prima facie proof of your indebtedness in any legal proceedings and shall be regarded as correct unless you prove the contrary.
1onsent to isdiction
n terms of section agistrates’ ourts ct, ou hereby consent that we may institute any legal
proceedings that have to do with this agreement or your account, in any agistrate’s ourt, which in terms of section agistrates’ ourts ct, has isdiction over you. We can however choose to institute action
against you in any other courts having isdiction.
1our options
1t is acnowledged that, in terms of your application for a credit facility, you have been presented with a choice of selecting any of the following options –
1to decline an option of pre-approved annual credit limit increases as provided for in section 11
1to be ecluded from any –
1telemarn that may be conducted by or on behalf of us
1maromer list that may be sold or distributed by us, other than as required by the
1any mass distribution of email or sms content.
1nformation consent
ou, the account holder, consent to us
1maing enquiries about your credit record with any credit reference agency and any other party to conirm the details on your credit application
1providing regular updates regarding the conduct of the account to the credit reference agencies and allowing the credit reference agencies to in turn maecord and details available to other credit grantors
1checing your payment behaviour, at any time, by referencing your credit record with any credit reference agency
1listing your details with any credit reference agency should you default on your repayment obligations to Tenacity
1carrying out identity and fraud prevention checing information relating to your credit application with
other credit grantors
1providing details to other credit grantors of any conduct on your account that gives us reasonable cause to suspect that the accounts are being used for improper purposes.
1reement – by you tion 1
ou may, at any time, end this agreement and pay the settlement amount to us. ou must advise us in writing if you want to close
and settle your account. ou must destroy y cutting through the magnetic stripe and account numbereturn the cardo
us with your letter. d that is not destroyed correctly may still be used and should this happen you will be responsible for the payment of all transactions that may tae.
1 |
reement – by Tenacity tion 1 |
1f you are in default of this agreement, we may taeps set out in the oncerns debt enforcement by repossession or to enforce and terminate this agreement.
1n addition we may –
1suspend your credit facility
1close the credit facility granted to you by giving written notice to you at least ten business days before the credit facility will be closed
1revoour card or close the account to protect our interests.
1t our request you must immediately pay to us the total balance outstanding on the account, including accrued interest and outstanding service fees, if we revoour card or close the account.
1ven if this agreement ends, we will be entitled to rely on the rights acquired under this agreement before it ended.
1withstanding any suspension, cancellation andermination, this agreement shall remain in efect to the
etent necessary until you have paid all amounts outstanding to us.
1We may not close or terminate your credit facility solely on the grounds that –
1we have declined your request to increase the credit limit
1you have declined an ofer from us to increase the credit limit
1you have requested a reduction in your credit limit, unless such a reduction reduces the credit limit to a level at which we would not ordinarily ofer or establish credit.
onsequences of termination
The unilateral termination of this agreement by us does not suspend or terminate any residual obligations we may have to you under this agreement.
ly settlement tion 1
ou are entitled to settle the account by requesting us to close your account and cancel your card at any time with or without advance notice to us.
The amount required to settle the account would be the unpaid balance of the principal debt owing to us at that
time together with the unpaid interest and all other service fees and charges payable by you to us up to the settlement date.
mendments to terms and conditions
ther than speciically reserved in terms of these terms and conditions, Tenacity may generally introduce amendments to these terms and conditions subt to the ou will be notiied in writing. ny such amendments will be efective twenty-one days after we have sent the proposed amendments to you. f you are dissatisied with the amendments you may invoovisions of 1ve.
ddresses for notices
The physical address you provide when applying for the credit facility will be regarded as your chosen address where notices may be given and documents in legal proceedings may be served.ou must notify us in writing immediately if your chosen address changes. tion should be mailed to oarow
-mailed to acmansenacityinc.co.
ou should send any legal notice to us at our chosen address provided above.
eneral
outh frican law governs these terms and conditions.
ny indulgence or concession we may give you will not afect any of our rights against you. We monitor and record all our telephone calls and other interactions with you.
We may cede, assign or transfer our rights and obligations under this agreement or arrange for any other person to carry out any of our rights or obligations under this agreement without your consent and without notice to you.
ou have the right to resolve a complaint by way of alternative dispute resolution as provided for in the
ou have the right to apply to a debt counsellor for debt review or to be declared over-indebted. n this regard, the tional redit egulator can be contacted for debt counsellors’ details at
ou must immediately tell us if you are under an administration order, become insolvent, or have any other form of legal disability.
ou can ile any credit related complaints with the tional redit egulator at mation to the tional redit Tribunal.