1. Representation
Representation of the Member by Dispute Resolution Officials of the Consolidated Employers Organisation (“the Organisation”) commences immediately after successful application for Membership and shall continue for current Members whose premiums are fully paid. Upon cancellation of the Membership due to unpaid premiums or for any other reason, representation will no longer be available to the Member. On termination of Membership for whatever reason all services by the Organisation for the Member shall automatically and immediately be suspended.
The Member will notify the Organisation of any CCMA or Bargaining Council matter by informing Official(s) in writing by no later than 7 days before such hearing. Failure to do so may disqualify the Member his I her right to representation The Member will provide the Organisation and its representing Official with all documentation and information relevant to the matter and/or hearing to enable the Official to properly prepare for the case.
2. Payments
Annual Payments
The premium is payable on or before the inception or renewal date, whichever is applicable.
Monthly Payments
Where the premium is payable by monthly bank debit order or by electronic transfer. The premium is due in advance and if it is not received by the first day (or on the date as expressly agreed otherwise) of every consecutive month, the Membership shall be deemed to have been cancelled at midnight on the last day of the preceding month.
The Organisation may reinstate the Membership at its sole and absolute discretion should it believe that such non-payment was due to a bona fide error of the Member.
Quarterly Payments
Where the premium is payable by bank debit order or by electronic transfer quarterly the premium is due in advance and if it is not received by the Organisation by the first day (or on the date as expressly agreed otherwise) of every consecutive quarter, the Membership shall be deemed to have been cancelled at midnight on the last day of the preceding quarter.
The Organisation may reinstate the Membership at its sole and absolute discretion should it believe that such non-payment was due to a bona fide error of the Member.
3. Cancellation
This Membership may be cancelled by either party by giving 30 days’ notice in writing to the other.
4. VAT
All fees are inclusive of VAT.
5. Annual Increase
The Organisation may increase fees annually as decided by the Executive Committee and in accordance with the provisions of the Constitution.
6. General
The terms and conditions as set out herein, read together with the application form and ancillary documents; the Organisation’s Constitution; its other relevant Constitutional documents and applicable legislation, form the full Agreement between the parties. No variation hereof and hereto shall be of any force or effect unless reduced to writing and signed by both parties. Any representation by any representative of the Organisation that does not correspond with these terms and conditions will be of no force or effect.
This Agreement constitutes the sole record of the Agreement between the Parties in regard to the subject matter hereof. No addition to, variation or cancellation of this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of all the Parties. No indulgence which any party (“the grantor”) may grant to the other party (“the grantee”) will constitute a waiver of any of the rights of the grantor, who will not thereby be precluded from exercising any rights against the grantee which might have arisen in the past or which might arise in the future. Save as is specifically provided in this Agreement, neither of the parties will be entitled to cede or assign any of their rights or obligations under this Agreement without the prior Written consent of the other party.
Save as is expressly provided for in this Agreement, no provision of this Agreement constitutes a stipulation for the benefit of a third person (ie a stipulatio alteri) which, if accepted by the person, would bind any party in favour of that person. This Agreement is to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa. The parties agree that this Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same counterparts.
The exchange of copies of this Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes.