Recruitment Terms of Service » Move Up - Relocation Solutions

November 2021 | Version 1.0

1. Introduction

These are the general terms of our relationship with you. They cover any transactions where we provide services to you.

An order is a separate document or form that contains the commercial terms of each specific transaction and incorporates these terms.

2. Agreement

2.1. Composition . The agreement consists of these terms of service and any orders or any other specific terms applicable to the services.

2.2. Definitions . In the agreement:

business day means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the jurisdiction where we are organised;

business hours means our normal business hours on business days;

day means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays;

sign means the handwritten signature or an electronic signature that the parties agree to use, of each of the parties’ duly authorised representatives; and

we , us , or our means Move Up Visa Solutions (Pty) Ltd

writing means the reproduction of information or data in physical form or any mode of reproducing information or data in electronic form that the parties agree to use, but excludes information or data in the form of email.

you or your means any customer using our services

2.3. Interpretation . The following rules apply to the interpretation of the agreement:

reference headings – clause and subclause headings are for reference only and do not affect interpretation;

non-exhaustive lists – whenever a clause lists specific examples or items following a listing word, such as ‘including’, ‘includes’, ‘excluding’, or ‘excludes’, they will not limit its scope;

undefined words or phrases – all words or phrases that the agreement does not define have their ordinary English meanings;

enactment references – references to any enactment include it as re-enacted, amended, or extended;

person references – references to a person includes a natural and juristic person;

party references – references to a party includes their successors or permitted assigns;

number of days – when any number of days is prescribed, the first day will be excluded and the last day included;

no interpretation against the draftsman – the rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply; and

time calculations – the parties will use GMT +2 to calculate any times.

2.4. Departure .

These terms apply to all our customers and are not generally open to negotiation for reasons of consistency. Should the parties negotiate any departure from these terms, they will record that departure in the relevant order or other specific terms.

2.5. Conflict .

If there is a conflict of meaning between these terms and any word or phrase in an order or other specific terms, the meaning in the order or specific terms will prevail in respect of the relevant services.

3. Duration

3.1. Commencement .

These terms start whenever you accept them by:

doing so explicitly – such as by checking a checkbox saying that you do or agreeing to an order that incorporates them by reference;

using the services in any way – such as by accessing them; or

exercising any rights granted to you under the agreement;

and continue until terminated.

4. Orders

4.1. Placing orders .

You place orders with us whenever you order or start using the services through the website or application. These orders are offers to us to buy our services.

4.2. Capacity and authority .

You warrant that you have the legal capacity and authority to enter into the agreement.

4.3. Invitation to do business .

Marketing is merely an invitation to do business and we only conclude the agreement when we actually provide the services to you. This happens when we accept your offer.

4.4. Cancellations .

We may cancel any order, but we will refund any money you have paid in relation to that particular order if we do.

4.5. Time and place .

We conclude the agreement when we accept the order and where we are domiciled when we do.

4.6. Separate agreements .

Each order is a separate agreement, but you are deemed to have breached all of them if you breach one of them.

5. Services

5.1. Right .

We grant you a right to use the services subject to the following limitations:

duration of agreement – you may only use the services for the duration of the agreement;

limited to terms – you may only use the services according to these terms;

non-exclusive – we may allow anyone else to use the services;

non-transferable – you may not transfer the right to anyone else; and

specified purposes – you may only use the services for the specified purposes that we’ve communicated to you in writing from time to time.

5.2. Breach .

We may suspend or cancel your right if you breach the agreement.

6. Online services

6.1. Basis .

We provide the online services to you on the following basis:

you give us permission to monitor how you use them for security and stability purposes; and

we agree that your written confirmations will be undisputed evidence of services provided to you.

6.2. Access conditions .

We will only provide online service access to you or your authorised users (where you are a juristic person) on the conditions that you or each one of them will:

accurately provide us with any information that we ask for on registration or account creation;

create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation;

look after their credentials and not give them to anyone else;

not interfere with or introduce any malicious software into the online services or otherwise misuse them;

be responsible for any activity that happens under their account, even if someone else was actually acting under their credentials;