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Terms of Service

DNA Publishing trading as DNA, DNA-Business.

DNA supports businesses through providing business related advisory and connection services.   

CLIENTS must abide by our Terms of Service to keep the way we work honest, transparent and conducive.

This agreement is in place on the date of signing.

 

  1. Use your best judgement.

  2. Be kind.

  3. A CLIENT refers to any person or business entity that is introduced to the SERVICE PROVIDER via DNA or any of DNA’s affiliates, associated members, directors, officers, employees and agents or in any other form of partnership.. 

  4. A SERVICE PROVIDER refers to any person or business entity that enters into a business agreement with DNA to render services to the CLIENTS introduced by DNA or any of DNA’s affiliates, associated members, directors, officers, employees and agents or in any other form of partnership.

  5. A BUSINESS OPPORTUNITY refers to any interest shown by DNA and/or CLIENT for services and/or products rendered by the SERVICE PROVIDER and was introduced to the CLIENT via DNA or any of DNA’s affiliates, associated members, directors, officers, employees and agents or in any other form of partnership. DNA does not provide any guarantee that any BUSINESS OPPORTUNITY will transpire between the CLIENT and SERVICE PROVIDER. The CLIENT and SERVICE PROVIDER are solely responsible for any BUSINESS OPPORTUNITY agreement and the SERVICE PROVIDER will provide their own agreements and/or T&Cs concerning the BUSINESS OPPORTUNITY between the CLIENT and the SERVICE PROVIDER.

  6. DNA makes no guarantees or representations regarding the skills or representations of the SERVICE PROVIDER or the quality of the work that they SERVICE PROVIDER may perform for the CLIENT if the CLIENT elects to hire the services of the SERVICE PROVIDER. DNA does not endorse or recommend the services of any particular SERVICE PROVIDER listed on our online platform. It is entirely up to the CLIENT to evaluate a SERVICE PROVIDER's qualifications, and to enter into a direct contract with the SERVICE PROVIDER. DNA does not guarantee or warrant any SERVICE PROVIDER's performance on the work or the outcome or quality of the services performed or products provided. The SERVICE PROVIDER and their businesses are not employees or agents of DNA, nor is DNA an agent of the SERVICE PROVIDER.

  7. CONFIDENTIAL INFORMATION means all information which has been designated as confidential by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including but not limited to information which relates to the business, affairs, properties, assets, trading practices, services, developments, trade secrets, Intellectual Property Rights, know-how, personnel, customers and suppliers of either party and commercially sensitive information which may be regarded as the confidential information of the disclosing party.

  8. The CLIENT acknowledges and agrees that the DNA services are provided on an "AS IS" basis without any warranty whatsoever.  Except as expressly set forth herein, DNA expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that DNA shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if DNA has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it.

  9. The parties agree that this agreement shall in no way constitute an associated labour broking agreement, partnership, association agreement or agent-principal agreement. The parties furthermore agree that no rights, duties or obligations are or can be implied except for those expressly stated in this agreement.

  10. The CLIENT shall take all necessary precautions to ensure that all CONFIDENTIAL INFORMATION obtained from DNA or any of DNA’s affiliates, associated members, directors, officers, employees and agents or in any other form of partnership, or from the SERVICE PROVIDER via DNA is treated as confidential and not disclosed (without written approval) or used other than for the purpose of the BUSINESS OPPORTUNITY. 

  11. The CLIENT accepts that all services and/or products rendered to the CLIENT by the SERVICE PROVIDER as well as payment of these, are strictly between the CLIENT and SERVICE PROVIDER and DNA holds no responsibility or obligation therein.  Any disputes between CLIENT and SERVICE PROVIDER remain between these parties.

  12. This agreement shall be subject to the laws of the Republic of South Africa and the parties hereby consent and submit to the jurisdiction of the Magistrates Court, notwithstanding that any possible dispute may fall outside the Magistrates’ Court’s jurisdiction, without prejudice to the rights of either party to initiate action elsewhere or in a court of superior jurisdiction.

  13. Should any Party (the “defaulting party”) commit a breach of the provisions of this Agreement, then the other party (the “aggrieved party”) shall be obliged to give the defaulting party 10 (ten) days written notice or such longer period as may be reasonably required in the circumstances, to remedy the breach.

  14. If the defaulting party fails to comply with such notice, the aggrieved party shall be entitled to terminate  this Agreement and/or claim specific performance by the defaulting party of all the defaulting party’s obligations, without prejudice to the aggrieved party’s right to claim damages, excluding any consequential, special or punitive damages.

  15. Furthermore, the parties (DNA and the CLIENT) must firstly refer any dispute between them, to be resolved by negotiation, failing which mediation; failing which, arbitration.

    1. Within 10 Business Days of notification, the parties must seek an amicable resolution to the dispute by referring it to designated and authorised representatives of each of the parties to negotiate and resolve it by the parties signing an agreement resolving it within 15 Business Days. If negotiation fails, the parties must refer the dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead) (AFSA). If mediation fails, the parties must refer the dispute within 15 Business Days for resolution by arbitration (including any appeal against the mediator’s decision) by one arbitrator (appointed by agreement between the parties) as an expedited arbitration in CAPE TOWN, under the then applicable rules for expedited arbitration of AFSA.  If the parties cannot agree on any arbitrator within a period of 10 Business Days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.

    2. The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.

    3. This clause will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process, for which purpose the parties irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa.

    4. This clause is a separate, divisible agreement from the rest of this Agreement and must remain in effect even if the Agreement terminates, is nullified, or cancelled for any reason or cause.

    5. The Parties agree to act with the utmost good faith and that in their dealings with each other shall neither do or refrain from doing anything which may prejudice or detract from giving effect to this agreement and more generally the understanding between them. 

  16. Understand we are human and cannot safeguard you from any damages or losses of whatsoever nature that may be suffered or incurred by the CLIENT arising from a SERVICE PROVIDER and/or BUSINESS OPPORTUNITY via DNA, which is made in good faith.  

  17. Honour your commitment and uphold a trustworthy and honest business relationship with DNA and our SERVICE PROVIDERS. No deals to be made with the SERVICE PROVIDER directly without including DNA in any BUSINESS OPPORTUNITY fulfilment between the CLIENT and SERVICE PROVIDER. 

  18. Act respectfully and in a human-centred way.  Do not share anything confidential without permission, and, at the same time, please respect confidential information, regarding DNA and our SERVICE PROVIDERS. DNA will do the same.

 

This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties and reduced to writing.

We will do our best to reach out if the CLIENT is out of sync with our Terms of Service.  

DNA reserves the right to suspend or discontinue this agreement should any points be in breach.

Each engagement will have an addendum to this agreement.

 

When in doubt, consider rule 2.

DNA undertakes to render the best service possible, be dedicated, be transparent, value our Service Providers and Clients and strive to inspire.

Thank you.

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