Terms and Conditions
1. PLEASE NOTE:
1.1 These terms and conditions are the Credit Provider/Izwe Terms & Conditions, which are deemed to be incorporated in the Loan Agreement concluded between the Loan Originator and the Borrower; and1.2 The terms and phrases defined in the Loan Agreement (concluded between the Borrower and the Loan Originator) will have equivalent meaning when used herein
2. Regulatory information:
2.1 The Loan Originator and the Credit Provider are registered with the National Credit Regulator (hereinafter referred to as the “NCR”) and subscribe to the NCR’s rules in a document which is accessible at any of the Loan Originator’s branches. This Loan Agreement – inclusive of any Payment Schedule/s and Consolidation Instruction/s – is a standard written document, as required for the applicable category of small credit agreements in terms of section 93(2) of the NCA.
Applicant Declaration and Authorisation
3. The Borrower acknowledges and agrees in respect of the Loan Agreement that:
3.1 The Borrower has read the Loan Agreement, or it has been read to the Borrower in a language of the Borrower’s choice, and the Borrower understands the content thereof;
3.2 the Borrower understands or it has been explained to the Borrower in a language of the Borrower’s choice that the rights, title and interest in the loan evidenced by the Loan Agreement, as well as any and/or all security held by the Loan Originator for the Borrower’s obligations in terms of the Loan Agreement, may be ceded, transferred or made over to Izwe Loans Securitisation (Pty) Ltd with Registration No. 2009/019455/07 and, as such, the Borrower’s understands that the Borrower’s further consent is not required and that the Borrower has irrevocably approved and authorised such cession, transfer or make over;
3.3 The Borrower understands that the Payment Schedule may be a paper document or computer-generated printout;
3.3.1 The Borrower has seen and signed the Payment Schedule, which provides full details of all amounts payable should the loan be approved and disbursed, and those amounts are the same as the amounts provided to the Borrower on signing the Loan Agreement; and
3.3.2 The Borrower understands and accepts that any Payment Schedule/s is deemed to be incorporated in the Loan Agreement;
3.4 If the Borrower has requested a consolidation by the Loan Originator, the Borrower has seen and signed the Consolidation Instruction/s, which provides full details of all Settlement Balances payable to the Borrower’s Creditors should the loan be approved and disbursed:
3.4.1 the Borrower understands that the disbursement into the Bank Account will be nett of such Settlement Balances paid; and
3.4.2 the Borrower understands that any Consolidation Instruction/s is deemed to be incorporated in the Loan Agreement;
3.5 Where the Borrower has agreed that Monthly Instalment/s be deducted from the Bank Account, the Borrower’s salary will be paid into the Bank Account. The Borrower understands that the Borrower may not, and undertakes that he/she will not, close the Bank Account without informing the Credit Provider and making arrangements for deductions to continue on alternative bank account/s wherein the Borrower may receive his/her salary;
3.6 Where the Borrower’s Employer and the Borrower have agreed to have instalments deducted from the Borrower’s salary by his/her Employer and paid over to the Credit Provider, the Borrower understands that the Borrower may not cancel that deduction until the Borrower’s loan has been repaid in full, as per the Loan Agreement;
3.7 In the event that the Borrower has more than one loan agreement with the Credit Provider, the Borrower authorises the Credit Provider to transfer any credit balance owing to the Borrower on any such loan account/s to reduce or settle arrears and/or outstanding balances on any other of the Borrower’s loan account/s. The Borrower further authorises the Credit Provider, in its sole discretion, to combine any or all of the Borrower’s individual Monthly Instalment to form a single deduction from the Bank Account;
3.8 The Borrower confirms that he/she is currently employed and bears no knowledge of any retrenchment or other proceedings pending that could jeopardise such employment as recorded in the Loan Agreement and the Borrower specifically states that the Borrower has not given nor intends to give notice to terminate the employment with this Employer;
3.9 Should the Borrower’s employment with the Employer, as reflected in the Loan Agreement, be terminated for any reason while the Loan Agreement is in force, the Borrower undertakes to provide such termination notice, the cause thereof and details of any new employer or status of employment to the Credit Provider in writing within 7 (seven) days of such change;
3.10 The Borrower declares that there are no reasons or financial obligations in his/her current circumstances which would cause the Borrower to apply for an administration order, sequestration or debt review or have such administration order, sequestration or debt review granted, nor does the Borrower intend to apply for either for the duration of the Loan Agreement;
3.11 The Borrower confirms that, unless he/she has indicated that he/she is under administration or debt review in the Loan Agreement, the Borrower has never applied for an administration order or debt review, nor has the Borrower ever been placed under administration or debt review. In the event that an application for an administration order or debt review is made whilst the Borrower has a debt owing under the Loan Agreement, the Borrower undertakes to advise the Credit Provider in writing of such application;
3.12 The Borrower has given due consideration to the amount payable in respect of the Loan Agreement and confirms that he/she has sufficient means to support him/herself and any dependants after meeting all of the obligations under the Loan Agreement; and
3.13 The Borrower understands that he/she has authorised the Credit Provider to appoint the Manager to administer any loan under the Loan Agreement and to pay over any initiation and service fees, and/or insurance premiums/commissions in respect of this loan to the Manager or any party the Credit Provider may in its sole discretion elect.
4. The Borrower understands that, by signing the Loan Agreement, the Borrower irrevocably authorised the Credit Provider/ Manager to:
4.1 Report the details of any unlawful activities in connection with the Loan Agreement to the South African Police Service;
4.2 Provide information related to the Loan Agreement to any party, including but not limited to the National Loans Register (“NLR”) and the credit bureaus, which the Credit Provider deems necessary, in its sole discretion;
4.3 Confirm the Borrower’s employment details with the Employer indicated by the Borrower (or future employer) in the Loan Agreement, which confirmation will include but not be limited to confirmation of salary payment date and bank details;
4.4 Disclose to any party the Borrower’s credit record, payment history and other confidential information (which, in addition, the Borrower consents may be used by inter alia a tracing agency, external debt collector or legal firm) in order to trace the Borrower should the Borrower become uncontactable using the details provided in the Loan Agreement;
4.5 Request correct and accurate information from the Borrower when the Borrower contacts the Credit Provider or vice versa, telephonically or otherwise;
4.6 Cede, transfer, make over or assign, without the Borrower’s consent, any/all of the rights under the Loan Agreement to a party that it may in its sole discretion elect;
4.7 Disclose confidential information about the Borrower in the event that the Credit Provider is legally compelled to disclose such information and/or the Credit Provider is required to do so in enforcing its rights under the Loan Agreement and/or the Borrower has requested and/or authorised the Credit Provider to do so;
4.8 Approach the Borrower’s current and/or future employer(s) with a request to provide a salary payment date and bank details should they change at any time whilst the Loan Agreement is in force, which details include, but are not limited to, the Borrower’s bank account number and bank name where such account is held; and
4.9 In the event that the Borrower has selected a Readvance Loan in the Loan Agreement, deduct the settlement balance of any existing Loan Agreement/s, as calculated by the Loan Originator/Manager, and the Borrower understands that it will be required to sign two
Credit Provider/Izwe Terms & Conditions
Payment Schedules, one being in respect of the existing loan/s being settled at my instruction and the second being in respect of a loan amount to be paid over to the Borrower, which are both incorporated in the Loan Agreement.
5. Initiation Fees:
5.1 The Borrower acknowledges that the Borrower has the option of paying any Initiation Fee reflected in the Payment Schedule upfront and that the Loan Agreement and Payment Schedule/s signed by the Borrower will reflect a choice to do so or not.
5.2 In the event that the Borrower does not elect to pay any Initiation Fee upfront, the Borrower instructs the Credit Provider to capitalise any such Initiation Fee by adding it to the loan amount.
6. Loan Originator’s Obligations to Disburse
6.1 The Borrower understands that it is in the Loan Originator’s sole discretion to approve/disburse the loan applied for by the Borrower.
6.2 The Borrower’s obligations in terms of the Loan Agreement are binding on the Borrower immediately on disbursement of the loan.
6.3 The loan will be paid into the Bank Account indicated in the Loan Agreement and the Borrower will not hold the Loan Originator or Credit Provider liable for any loss or damage arising from payment of the loan into the Bank Account.
7. Early Settlement and Borrower’s Right to Terminate Loan Agreement
7.1 The Borrower may at any time make additional payments towards the total outstanding balance of the loan or settle the loan (unpaid balance plus unpaid interest, fees and charges payable at the date of the settlement) with one payment.
7.2 If the Borrower wishes to settle the loan, the Borrower must obtain a Settlement Quotation, which is available on application from any of the Credit Provider’s branches, and follow the Credit Provider’s settlement policy contained in the Settlement Quotation.
7.3 The Credit Provider reserves the right to reject and/or refuse any settlement payments made in contravention of its settlement policy or any settlement payment lacking the Credit Provider’s reference number, as per the Settlement Quotation.
8. Proof of amounts owing
8.1 A certificate signed by one of Credit Provider/Manager’s managers (the appointment and authority of whom it will not be necessary to prove) will be prima facie proof of the amount outstanding under the Loan Agreement and valid, together with the Loan Agreement, for any purpose and as a liquid document (alternatively, as proof of a liquidated amount) in any Court of competent jurisdiction for the purpose of obtaining provisional sentence or any judgment against the Borrower and the Borrower acknowledges the Borrower’s indebtedness in respect of any amount so certified.
9. Interest (“Interest Clause”)
9.1 Interest charged on the loan is calculated in arrears from the disbursement date at a fixed rate shown in the Payment Schedule, capitalised monthly over the repayment period and debited on the last day of each month.
9.2 Should the Borrower fail to pay any amount due and payable under the Loan Agreement by the due date and/or should the Credit Provider grant the Borrower an extension for repayment, interest calculated at the same rate specified in the Loan Agreement will be charged on such unpaid amount/s in the same manner as contemplated in this “Interest Clause” as arrears or penalty interest. Any interest charged on such unpaid amount/s will be due and payable by the Borrower.
9.3 In the event that the Credit Provider proceeds with legal action for the recovery of any amount under the Loan Agreement, the Credit Provider will be entitled to claim interest calculated at the interest rate reflected in the Loan Agreement, or as prescribed by a Court, in respect of all collection costs, as per the NCA.
10. Credit Provider’s Right to Terminate
10.1 The Credit Provider may terminate the Loan Agreement if the Borrower is in default and the Credit Provider elects to approach a Court to enforce its rights and terminate the Loan Agreement in terms of Part C of Chapter 6 of the NCA.
10.2 The Borrower will be liable to pay any additional legal costs incurred as a result of paragraph 10.1 above.
11 Monthly Instalments:
11.1 The Borrower owes the Credit Provider the total outstanding balance repayable immediately on disbursement of the loan to the Borrower, which must be paid in equal Monthly Instalments, including applicable insurance premiums, as per the Loan Agreement.
11.2 While it is a specific condition of the loan that the Borrower agrees to have the Monthly Instalments deducted from the Borrower’s salary and/or Bank Account, the Borrower is solely responsible for ensuring that payments are received by the Credit Provider by the due date.
11.3 Payments will be used to:
11.3.1 offset or settle any legal and collection costs first;
11.3.2 then applied to reducing or settling any interest on arrears and/or penalty interest;
11.3.3 then charges, then interest due; and
11.3.4 lastly, to reduce or settle the balance of the outstanding amount.
11.4 Should the Borrower fail to pay any Monthly Instalment due, the Borrower’s repayment term will be increased to recover any such amounts, including the Monthly Service Fee, applicable insurance premiums on the increased term and additional interest as a result of such non-payment.
11.5 All payments must be made directly into the bank account nominated in the Loan Agreement.
11.5.1 Payments made by the Borrower in cash/otherwise to any other account/person will not constitute payment under the Loan Agreement.
12. Monthly Instalment Due Dates:
12.1 Where the Borrower has agreed that the Monthly Instalment be deducted from the Borrower’s salary, the following is applicable:
12.1.1 if the loan is disbursed in time for the Loan Originator to submit the salary deduction to the Borrower’s Employer for such deduction in the month of disbursement, the first instalment is due on the salary payment date of that month;
12.1.2 if the loan is disbursed to the Borrower after the Employer’s deadline for the Loan Originator to submit such deduction for that month, the first instalment will be due on the salary payment date of the following month;
12.2 Where the Borrower has authorised the deduction of the Monthly Instalment from the Bank Account, the following is applicable:
12.2.1 if the loan is disbursed more than 7 (seven) days prior to the next salary payment date, the first instalment will be due on the date the salary is paid in the month of disbursement and every salary payment date thereafter until the loan is paid in full;
12.2.2 if the loan is disbursed 7 (seven) days or less from the Borrower’s next salary payment date, the first instalment will be due on the salary payment date of the month following disbursement and every salary payment date thereafter until the loan is paid in full.
13.1 The Credit Provider may demand payment of the whole amount outstanding at any time if the Borrower breaches any clause of the Loan Agreement or commits an act of insolvency, or makes false representation at any time during the duration of the Loan Agreement, or does anything which may prejudice the rights of the Credit Provider under the Loan Agreement.
13.2 By exercising this right to demand the full repayment of the loan, the Credit Provider will not lose or be prejudiced in respect of any other remedy or rights it may have in law.
13.3 Under no circumstances may the Borrower withhold any payment by reason of any alleged breach, counterclaim or any other reason.
13.4 In the event of a dispute, the Borrower will be obliged to continue with repayments until such time as the dispute is resolved.
Credit Provider/Izwe Terms & Conditions
14. Credit Provider’s Indulgence:
14.1 No relaxation, leniency, indulgence or relaxation of time which the Credit Provider may allow the Borrower in respect of the performance of any obligation under the Loan Agreement, or any failure on the part of the Credit Provider to exercise any of its rights under the Loan Agreement, or any extension granted to the Borrower for due observance of any terms and condition hereof will in any way prejudice the Credit Provider’s rights, or be tantamount to a waiver thereof, in terms of the Loan Agreement or preclude the Credit Provider from exercising any of its rights in enforcing the obligations of the Borrower under the Loan Agreement.
14.2 In particular, no acceptance by the Credit Provider of loan repayments after due date, whether on one or more occasion, will stop the Credit Provider from exercising any of its rights by reason of subsequent repayments not being received by the due date.
15. Collection Costs, Legal Costs and Default Administration Charges:
15.1 If the Borrower defaults, the Credit Provider may debit the Borrower’s loan account with:
15.1.1 recovery fees charged to the Credit Provider in respect of failed debit orders;
15.1.2 default administration charges (as permitted under the NCA); and
15.1.3 collection costs (as permitted under the NCA).
15.2 All of the above costs/charges will be automatically capitalised and added to the Borrower’s outstanding loan balance, and will bear interest calculated at the same rate charged under the Loan Agreement.
16.1 The Loan Agreement, including any Payment Schedule/s, Consolidation Instruction/s and these Terms & Conditions that are deemed to be incorporated therein, constitutes the whole agreement between the Borrower and the Credit Provider and no agreements, representations or warranties between the parties hereto other than those set out herein are binding on the parties hereto.
16.2 Any amendments, additions, variations or cancellations of the Loan Agreement or waivers of any rights thereunder will not be of any force or effect unless reduced to writing and signed by all parties (or their duly authorised representatives) to the Loan Agreement.
16.3 Every clause of the Loan Agreement is separate and severable and enforceable accordingly. If any such term or condition is or becomes unenforceable for any reason whatsoever, that term or condition is severable from and will not affect the validity of any other term or condition contained in the Loan Agreement.
16.4 The expiration, cancellation or other termination of the Loan Agreement will not affect those provisions of the Loan Agreement which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the applicable clause/s may not expressly provide for such continued operation.
17.1 Any proceedings at law which the Credit Provider may desire to institute for enforcement of any right conferred under the Loan Agreement, or for recovery of amounts due, may, at the option of the Credit Provider, be instituted in any Magistrates Court having jurisdiction.
18. Serving Notices (including notices under s129 of the NCA):
18.1 The Borrower chooses the information set out under Address Information in the Loan Agreement as suitable for the service of notices in terms of s129 of the NCA or delivery of documents in terms of the NCA.
18.2 The Borrower acknowledges that –
18.2.1 delivery of a registered letter to the appropriate post office; and/or
18.2.2 receipt of an electronic mail or facsimile at the details in paragraph 18.1 above; and/or
18.2.3 any other form of service permitted in terms of the NCA at the details in paragraph 18.1 above; and/or
18.2.4 service in person on the Borrower,
will constitute valid notice under s129 of the NCA.
18.3 The Credit Provider chooses the Physical Address or Postal Address of the Loan Originator for the service of notices.
18.4 Each of the parties may vary its address/es by delivering a written notice to the other party.
19. Pre-agreement Disclosure:
19.1 THE BORROWER UNDERSTANDS THAT HE/SHE HAS 5 (FIVE) BUSINESS DAYS TO DECIDE IF HE/SHE WANTS TO ACCEPT THE LOAN AS REFLECTED IN THE LOAN AGREEMENT, WHICH SERVES AS A QUOTATION.
19.2 THE BORROWER ACKNOWLEDGES THAT BY SIGNING THE LOAN AGREEMENT AND THE PAYMENT SCHEDULE, THE BORROWER HAS ACCEPTED THE QUOTATION AND UNDERSTANDS THAT THIS WILL BECOME A BINDING AGREEMENT BETWEEN THE BORROWER AND THE CREDIT PROVIDER.
19.3 SHOULD THE BORROWER’S FINANCIAL SITUATION, OR ANY OTHER INFORMATION PROVIDED, DIFFER FROM WHAT THE CREDIT PROVIDER USED IN PROVIDING THE QUOTE, THE BORROWER ACCEPTS THAT THE CREDIT PROVIDER MAY REFUSE TO GRANT THE BORROWER THE LOAN AND/OR MAY PROVIDE THE BORROWER WITH A REVISED QUOTATION.