Investec Business Online

Terms and Conditions

  • 1. Definitions

    Unless the context indicates otherwise, the following terms shall have the following meanings:

     

    1.1  "account" means any account at Investec, held in the name of the Client and in respect of which can be performed on Business Online;

     

    1.2  "Business Online" means the services or products provided by Investec from time to time accessed by using the user’s Business Online password and includes for purposes of these Terms and Conditions accessing Business Online through the website or via the Business Online App;

     

    1.3  "Business Online password" means the password chosen by the user in respect of an account for access to Business Online which must be used, together with any other verification mechanism, every time Business Online is used;

     

    1.4  "Client" means the person or entity which has registered for Business Online, products or services;

     

    1.5  “Data Protection Laws” shall mean the applicable data protection or privacy Laws and shall include but not be limited to (a) the General Data Protection Regulation 2016/679 (“GDPR”); (b) the Data Protection Act as implemented within the United Kingdom; (c) The Protection of Personal Information Act 4 of 2013 (“POPIA”) and/or (d) other Laws that are similar, equivalent to or that are intended to or implement the Laws that are identified in (a) to (c) above in the applicable local jurisdiction;

     

    1.6  "device(s)" include mobile phones or smartphones, tablets, computers, laptops and notebooks and SIM cards;

     

    1.7  "Investec" means Investec Bank Limited;

     

    1.8  "Investec Group" means Investec Limited and Investec plc together with their subsidiaries and any direct or indirect subsidiaries of those companies;

     

    1.9  "mobile authentication message" means a message, sent by Investec to the user via a device, which serves as authentication of the user and includes the one-time password which Investec may send to a user’s device to provide additional validation following use of the Business Online password;

     

    1.10  "notification" means a real time SMS notification which Investec sends to the user;

     

    1.11  "personal information" means any personal information or personal data as defined in the Data Protection Laws or regulations applicable and as detailed in Investec Privacy Policy;

     

    1.12  “products” means services, accounts and/or facilities offered by Investec on the website and Business Online from time to time;

     

    1.13  "product agreement/s" means the various agreements and/or these Terms and Conditions governing services, accounts and/or facilities offered by Investec;

     

    1.14  "sanctioned country" means a country which is subject to sanctions by a sanctioning body;

     

    1.15 "sanctioned transaction" means the use of Business Online for the purpose of financing directly or indirectly the activities of any person or entity which is on a sanctions list or for the purpose of financing directly or indirectly the activities of any person in a sanctioned country, and/or the contribution or making available of amounts to any person or entity, if the Client has actual knowledge, without having made enquiry, that such person or entity intends to use such funds for the purpose of financing the activities of any person or entity which is in a sanctioned country and/or is on a sanction list, in each case to the extent that such financing or provision of funds would be prohibited by sanctions;

     

    1.16  "sanctioning body" means any one or a combination of the following entities:

    1.16.1  the Office of Foreign Assets Control of the Department of Treasury of the United States of America;

    1.16.2  the United Nations Security Council;

    1.16.3  the European Union or any participating member state of the European Union; and

    1.16.4  Her Majesty's Treasury of the United Kingdom;

     

    1.17  "sanction list" means any of the lists of specially designated national or designated persons or entities (or equivalent) held by a sanctioning body, each as amended, supplemented or substituted from time to time and/or any other sanctions lists that Investec may from time to time deem necessary or be required to screen, verify and process transactions against;

     

    1.18  "sanctions" means the economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by any sanctioning body;

     

    1.19  "Terms" means these Terms and Conditions, including any notices sent by Investec, as may be updated or amended from time to time;

     

    1.20  "user" means any person authorised or deemed to be authorised by the Client to use Business Online;

     

    1.21  "value added services" means the facilitation by Investec of the sale of mobile phone airtime, SMS - and data bundles, pre-paid electricity and other value added services included on the website from time to time by suppliers thereof;

     

    1.22  "verification mechanism" means any mechanism, device or process used by Investec to verify the identity of a user, including the Business Online password and mobile authentication message;

     

    1.23  "website" means the Investec website (including all its constituent web pages) including all pages in respect of whose content Investec exercises control.

  • 2. Application

    The user understands and agrees that access to and the use of Business Online is provided subject to these Terms and Conditions and by virtue of being authorised by the Client. 

     

    2.1  Any reference to Investec shall include reference to any member of the Investec Group as is applicable.

     

    2.2  The user must take time to read and understand these Terms and Conditions and pay special attention to all terms printed in bold.

     

    2.3  The provisions contained in these Terms and Conditions are referred to in the product agreement/s located on the Legal and Product Terms Page which can be found here: https://www.investec.com/en_za/legal/SA.html

     

    2.4  The user will signify its agreement with these Terms and Conditions and to be bound by them if either of the following occurs:

    • By using Business Online in any way: in which case the user understands and agrees that the use of the service constitutes acceptance of these Terms and Conditions; or
    • Click to accept or agree to these Terms and Conditions where Investec offers an option to do so available to the user.

     

    2.5  Investec may, in its sole discretion, amend these Terms and Conditions at any time, in any way. 
    Investec will give notice of and publish the amended Terms through Business Online.  The amendments will come into effect on the basis specified in the notice Investec gives of the proposed amendments.

     

    2.6  It is the user’s responsibility to review these Terms and Conditions regularly and to ensure that the user agrees with any amendments to these Terms and Conditions. If the user does not agree with any amendments to these Terms and Conditions, The user may no longer use Business Online.

     

    If the user does not agree with any provision contained in these Terms and Conditions or is not authorised by the Client to access Business Online the user must not use Business Online in any way.

  • 3. Important Provisions in these Terms and Conditions

    These Terms and Conditions contain provisions which limit Investec’s exposure to legal liability and make the user on behalf of the Client responsible for a variety of acts.  Some of these provisions do have the effect of limiting the Client’s rights in law and conferring obligations on the user by virtue of the user agreement to these Terms and Conditions of use. The user can find these provisions in the Liability section below.

     

    The content and products available through Business Online are made available to the user for limited uses.

     

    The user may not use the service and may not accept these Terms and Conditions if the user -

    • lacks the legal capacity to enter into a binding contract with Investec;
    • is a person who is not permitted to access or use Business Online by the Client and/or under the laws of the country in which the user is resident or from which the user accesses Business Online.

     

    The user must read the Service Terms of Use, which terms must be read as if specifically incorporated herein.

  • 4. Terms of Using Business Online

    4.1  The Client hereby agrees and by using Business Online the user hereby agrees, to comply with all local laws, rules and regulations which govern their use of Business Online as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, the user agrees not to:

    • take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent an affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through Business Online;
    • submit any Data Subject’s personal information to Business Online without that person’s informed consent to do so;
    • gather or attempt to collect personal information about third parties without their knowledge or consent for commercial, political, charity or similar purposes;
    • violate the privacy of any person or attempt to gain unauthorised access to Business Online or any other network, including (without being limited to) through hacking, password mining or any other means;
    • use Business Online to Post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
    • copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Business Online source code or any part thereof, unless this is expressly permitted or required by law, or unless Investec have specifically told You that You may do so, in writing;
    • use Business Online in any manner which could damage, impair, overburden or disable the service or interfere with any other user’s service use;
    • use Business Online to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
    • use Business Online to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
    • use Business Online in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others; and/or
    • otherwise use Business Online to engage in any illegal or unlawful activity.

     

    4.2  Should the user engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then Investec shall be entitled, without prejudice to any other rights, to:

    • without notice, suspend or terminate your service use;
    • hold the user and/or Client as the case may be liable for any costs Investec incurs as a result of the user’s misconduct; and/or
    • notwithstanding Investec’s privacy policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by the user’s actions.
  • 5. Disclaimer

    5.1  Notwithstanding the subject matter of the content provided through Business Online, the  reliance on the content for any purpose whatsoever and to any extent must be on the basis set out in these Terms and Conditions.

     

    5.2  The content provided on Business Online is specifically not to be construed as –

    • a recommendation; or 
    • an offer to buy or sell; or
    • the solicitation of an offer to buy or sell any value added services, security, financial product, or instrument; or
    • to participate in any particular trading strategy in any jurisdiction either at all or in which such an offer or solicitation or trading strategy would be illegal.

     

    5.3  Business Online may include references to certain transactions, including those involving futures, options, and high-yield securities, which tend to give rise to substantial risk and are not appropriate for all users. Although the content is based upon information that Investec considers reliable and which Investec endeavours to keep current, Investec does not represent that content is accurate, current, or complete and it should not be relied upon as such. 

     

     

    5.4  Investec has not determined that the content is suitable for any particular purpose and/or user whatsoever, other than as a general reference and has not necessarily disclosed all risks relating to the content or its subject matter.

     

     

    5.5  The user should not rely on the content for professional advice (including, but not limited to business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice) or as a basis for any investment, transactional or similar decisions made or which are made on the Client’s behalf without first consulting with a preferred professional or business advisor (who may include an attorney, tax, accounting and investment advisors).

     

    5.6  Investec may, in its sole discretion, add new features, where features may or may not include value added services and modify or even discontinue existing features, including discontinuing such value added services, without notice to the user or Client.  

  • 6. Product Terms

    6.1  All services and products offered by Investec are subject to completion (in the manner required) of the requisite application forms and other documentation and are governed by the relevant provisions contained in these Terms and Conditions are referred to in the product agreement/s located on the Legal and Product Terms Page which can be found here: https://www.investec.com/en_za/legal/SA.html. Investec may reject, in its absolute discretion and without affording the Client any reason, any application submitted for services contained through Business Online.

     

    6.2  To the extent a conflict arises between these Terms and Conditions and the terms and conditions applicable to Investec’s services and products other than this Business Online service, the terms and
    conditions governing the other services and products shall prevail over these Terms and Conditions to the extent of the conflict.

  • 7. Business Online and security measures

    7.1  Business Online will only be available to the user, once the Client has completed the requisite application forms, questionnaires, mandates and other documents provided or specified by Investec from time to time, or as required under any applicable law, and the Client's application has been accepted by Investec.

     

    7.2  In order to access Business Online, the user must be registered for Business Online and must ensure that all devices used for this purpose meet Investec's requirements.

     

    7.3  The Client shall, at his own cost and expense be responsible for -

    7.3.1  the acquisition, installation and maintenance of all devices, hardware or software for purposes of access to Business Online;

    7.3.2  ensuring the security of any devices, hardware or software;

     

    7.4  The user agrees to implement and abide by all security measures, including the verification mechanisms, Investec may notify or prescribe to the user from time to time.

     

    7.5  The Client undertakes to ensure that its users shall logoff from Business Online in the prescribed manner. Failure to logoff could result in unauthorised transactions for which Investec will not be liable.

     

    7.6  The user acknowledges and agrees that –

    7.6.1  Business Online may be unavailable from time to time due to interruptions caused by or maintenance conducted by external service providers which is not within the control of Investec. Investec hereby provides notice to the user of such unavoidable delays or interruptions in providing any of the services available through Business Online; and

    7.6.2  Investec does not act as the agent of the user when receiving or paying any amount.

  • 8. Personal information

    Investec is committed to processing your information in accordance with all applicable data protection legislation. We will use your information to provide services and products you request from us, manage your accounts, detect and prevent fraud, carry out analysis and to ensure that we comply with legal and regulatory requirements. We may also share your personal information with other entities within the Investec Group, our agents and sub-contractors who process the information on our behalf. For more details regarding the use of your information, please refer to the Data Protection Statement on our website (https://www.investec.com/en_za/legal/data-protection-statement.html) or request a printed copy to be provided to you.

  • 9. Verification

    9.1  Investec may specify the verification mechanisms required to obtain access to Business Online from time to time.

     

    9.2  Investec shall be entitled to refuse to give effect to an instruction from a user and/or refuse a user access to Business Online if the user does not comply with or satisfy the verification mechanisms.

     

    9.3  It is the Client's duty to ensure that only duly authorised users have access to the verification mechanisms. Any person using the verification mechanisms shall be deemed to be a user authorised by the Client to gain access to the account and to Business Online. The Client acknowledges that the verification mechanisms may enable the user to access all online services of the Investec Group and, accordingly, unauthorised use of the verification mechanism could expose the Client to fraudulent transactions on any of the Client’s accounts held in the Investec Group.

     

    9.4  The user undertakes to change the Business Online password when using Business Online for the first time and on a regular basis thereafter.

     

    9.5  Investec may, in its sole discretion and for whatever reason, require the user to change his verification mechanism or parts thereof from time to time, and the user undertakes to comply with such requirement unconditionally.

     

    9.6  The user undertakes to ensure the confidentiality of the verification mechanisms at all times, and shall without limitation, ensure that the verification mechanisms are neither easily accessible nor disclosed to anyone else.

     

    9.7  Where a user reasonably suspects that a verification mechanism has been or will soon be compromised, the user must notify Investec immediately by phoning the global Client Support Centre on (+2711) 286 9663 or 0860 110 161. On receipt of the user’s notification, Investec shall be entitled to -

    9.7.1 reject all instructions received after the user’s notification; and/or

    9.7.2 suspend the processing of all instructions not yet executed; and/or

    9.7.3 deactivate access to Business Online without further notice to the user.

  • 10. Transactions and Instructions

    10.1  The Client hereby authorises Investec to effect transactions in accordance with the user's instructions issued via Business Online subject to authorisation and permissions granted by the Client.

     

    10.2  The Client and user understand and agree that –

    10.2.1 information or instructions transmitted when using Business Online is susceptible to unlawful access, distortion and monitoring and that the user uses Business Online at his own risk;

    10.2.2 as soon as the user has submitted an instruction to Investec and complied with the required verification mechanisms, Investec shall be entitled to, but not obliged, to carry out the instruction. Once the instruction has been carried out by Investec, it may not be possible to reverse any transaction resulting from the instruction and the user shall not be entitled to countermand the instruction;

    10.2.3 if the user issues instructions for more than one transaction, Investec shall be entitled to determine the order in which the transactions are executed.

     

    10.3  Investec shall not be obliged to verify the information provided by the user for any transaction, including but not limited to, the account numbers, branch name, branch numbers, account holder names or amounts involved in any instruction.

     

    10.4  The Client shall not, and shall ensure that the user shall not –

    10.4.1 use Business Online in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously;

    10.4.2 use Business Online to collect debts of any nature from other parties;

    10.4.3 attempt to derive income from the use of Business Online, whether for direct commercial or monetary gain or otherwise;

    10.4.4 collect or harvest any information or data from Investec or Investec's systems or attempt to decipher any transmission to or from Investec's servers;

    10.4.5 upload, store or share inappropriate or illegal images or content that breaches the right of others;

    10.4.6 fail to comply with all applicable laws when issuing an instruction or making a payment;

    10.4.7 conclude any transaction with a person on the sanctions list or a person located in any sanctioned country, and will ensure that Business Online is not used for a sanctioned transaction.

     

    10.5 Investec reserves the right to reject or suspend the execution of an instruction at any time should the value or frequency of the instruction appear suspicious or out of the ordinary to Investec or should the transaction breach sanctions. On so rejecting or suspending an instruction, Investec undertakes to contact the user within a reasonable period of time and to verify the instruction by such means as Investec may determine.

  • 11. Notifications

    11.1  A user shall not be entitled to opt out of transactional or service related notifications and/or fraud related alerts. Investec will automatically send a notification to the user’s mobile phone in respect of certain activities performed during a Business Online session, including the setting up or amending of beneficiaries and the making of ad hoc or beneficiary payments.

     

    11.2  Unless the contrary is proven, the user will be deemed to have received the notification within 10 seconds of the time indicated on the applicable transmission logs as being the time at which the notification was sent.

     

    11.3  Unless the user informs Investec immediately after receipt of the notification that the applicable transaction was unauthorised, the transaction shall be deemed to have been performed or authorised by the user.

     

    11.4  In the event that a user performs a transaction for which he should have received a notification but has not received one within 10 minutes of having completed the transaction, the user must inform Investec without delay in order to determine and rectify the cause of such failure.

     

    11.5  Where applicable, the user must inform Investec of his new mobile phone number without delay.

     

    11.6  The provisions of this clause shall apply irrespective of the fact that the user’s mobile phone malfunctions or is disabled, lost or stolen.

     

    11.7  In the event that the user fails to inform Investec of his new mobile phone number, all transactions will be deemed to have been authorised by the user.

  • 12. Service charges

    12.1  Investec may charge the Client for use of Business Online or services or products used on Business Online. If fees are charged, Investec will inform the Client of such fees and the fees charged will be debited to an account nominated by the Client.

     

    12.2  If fees are charged, Investec shall, after giving the Client reasonable notice, be entitled to vary the fees from time to time.

  • 13. Account statements

    13. 1  The Client authorises Investec to make his account statements, tax certificates and any other documentation relevant to the services provided to the Client, available on Business Online.

     

    13. 2  The Client acknowledges that account statements will be downloadable from Business Online on a monthly basis and that Investec is not required to notify the Client of such fact each month.

     

    13. 3  Should the Client wish to retain account statements for longer than 3 months, the Client must save and record a copy in a format and manner acceptable to the Client or as may be required by auditors or the South African Revenue Services. Investec shall not be obliged to retain account statements on the website for longer than 3 months after the date of each statement. The Client can request account statements by contacting the Client Support Centre on (+2711) 286 9663 or 0860 110 161.

  • 14. Account balances

    14.1  Investec may provide account balance notification:

    14.1.1 by SMS and/or email; and/or

    14.1.2 on request from the user, via the Client Support Centre or via Business Online from time to time.

     

    14.2  An account balance notification is provided for convenience only and cannot be used, or relied upon, as proof of any amount. The user acknowledges that account balance notification may be delayed and therefore outdated for various reasons, including backlogs on the email or SMS server as a result of high volumes. The user also acknowledges that any account balance notification provided by Investec on request from the user is not provided real time, and will not necessarily be an accurate representation of the account.

     

    14.3  The Client may not act or rely on the accuracy of an account balance notification in terms of this clause unless the Client has verified the actual account balance by contacting Investec.

     

    14.4  The ability to receive or request account balance notifications may be suspended or withdrawn by Investec at any time without notice to the Client.

  • 15. Pop-up notices and browser settings

    15.1  Investec may publish notices to a user by way of "pop-up" windows on the device browser.

     

    15.2  Pop-up notices shall be deemed to be have been read and accepted irrespective of whether the user has read the notice.

     

    15. 3  The user must ensure that his device browsers permit pop-up notices from Investec to be displayed. Failure to do so shall not entitle the user to claim non-receipt of a pop-up notification.

  • 16. Intellectual property

    Copyright in all materials made available through Business Online is owned by Investec and protected by both national and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any such material will constitute an infringement of that copyright. The trademarks, logos and service marks displayed are registered and unregistered trademarks of Investec. Nothing contained in Business Online should be construed as granting any licence or right to use any trademark, logos or service marks without the written permission of Investec.

  • 17. Transmission of Information

    17.1  The user is alerted to the possibility that all information submitted or transmitted via Business Online is susceptible to monitoring and interception.

     

    17.2  The user is therefore discouraged from transmitting to Investec any information which may be confidential, proprietary or sensitive unless adequate security arrangements are agreed with Investec.

     

    17.3  The user shall bear all risk of transmitting such information in this manner and, unless Investec acted fraudulently or with gross negligence, Investec shall not be liable for any loss, harm or damage suffered by the user as a result thereof.

     

    17.4  Investec reserves the right to request independent verification of any information transmitted via email and the user consents to such verification from whatsoever source should Investec deem it necessary.

     

    17.5  The user agrees to permit Investec to intercept, block, filter, read, delete, disclose and use all communications sent or posted in using Business Online and/or to our staff and/or employees.  Investec may implement systems designed to intercept and monitor your communications with Investec and/or the Investec Group, to the extent permissible by law in the course of the carrying on of business and for the purpose of monitoring or keeping records of direct and indirect communications.

  • 18. Assistance by Investec regarding verification mechanism

    18.1  In the event that the user forgets or misplaces his verification mechanism or part thereof, Investec will provide the user with a temporary verification mechanism, subject to 18.2 and 18.3 below and any other conditions Investec may impose ("disclosure").

     

    18.2  The disclosure is subject to the user being verified to the satisfaction of Investec.

     

    18.3  After the user has been provided with a temporary verification mechanism, the user is obliged to access the website and to change the verification mechanism within the time period determined by Investec, failing which the Client shall be held liable for any loss, claim, damage or expense which he may suffer or incur as a result of the failure to change the Business Online password timeously in accordance with this clause.

  • 19. Value added services

    19.1  The Client acknowledges and agrees that:

    19.1.1 Investec is not a party to any these Terms and Conditions in terms of which value added services is obtained by the Client. Whilst Investec will assist as far as possible with the resolution of any queries, the Client has contracted directly with the supplier of the value-added services and the purchase and/or use thereof is subject to the Terms of sale of the supplier;

    19.1.2 certain value-added services may have an expiry date determined by the supplier;

    19.1.3 the correct mobile phone number or meter number, as the case may be, must at all times be entered on the website to ensure a successful transaction and no refunds can  be made in the event that an incorrect number is entered.

  • 20. Amendments

    20.1  Investec shall be entitled to amend this these Terms and Conditions and any aspect of Business Online from time to time by giving the user reasonable prior notice of any such change.

     

    20.2  The user agrees to implement and adhere to any procedures and/or restrictions imposed by Investec from time to time in respect of Business Online.

  • 21. Termination, suspension or withdrawal of Business Online

    21.1  The user may terminate Business Online by giving Investec notice.

     

    21.2  Investec is entitled, at its discretion to terminate its Business Online service to Clients at any time Investec deems it necessary.

     

    21.3  In order to protect the user and Investec, Investec is entitled to immediately suspend, withdraw or terminate all or part of Business Online if –

    21.3.1 Business Online is being used contrary to these Terms and Conditions;

    21.3.2 Investec has reasonable grounds to believe that Business Online is being or may be used negligently, illegally or fraudulently;

    21.3.3 Investec believes that the security of Business Online may be compromised.

     

    21.4  The user shall be liable for all transactions and/or obligations and related charges which are incurred up to and including the date of suspension, withdrawal or termination.

  • 22. Liability

    22.1  The Client shall be liable for all actions and omissions of the users in relation to these Terms and Conditions.

     

    22.2  Except to the extent that Investec acted fraudulently or with gross negligence, and to the extent permissible in law, Investec shall not be liable for direct, indirect, special, incidental or consequential loss or damage which the Client may suffer or incur as a result of –

    22.2.1 any malfunction or defect in the hardware, software or device used by the user in connection with Business Online;

    22.2.2 non-delivery or delayed delivery of notifications;

    22.2.3 unlawful or unauthorised access to Business Online by third parties;

    22.2.4 failures or delays caused by third party service providers;

    22.2.5 malfunctioning of any system or network which is beyond the reasonable control of Investec;

    22.2.6 Business Online being temporarily unavailable;

    22.2.7 erroneous, unauthorised or unlawful instructions provided or deemed to have been provided by the user;

    22.2.8 any other circumstance not reasonably within Investec's control.

     

    22.3  The Client hereby indemnifies Investec against any damage, loss and/or consequential loss that Investec may suffer as a result of a breach by the Client of these Terms and Conditions, or as a result of incorrect, unauthorised and/or unlawful instructions or information given by the Client, provided that Investec did not act fraudulently or with gross negligence.

  • 23. Notices and domicilium

    23. 1  The residential address provided by the Client in respect of the account (or, if the Client has more than one account, the residential address provided in respect of any one of them, at Investec's election) will be the Client's chosen domicilium citandi et executandi ("domicilium") (i.e. the address at which all notices for purposes of legal process in terms of these Terms and Conditions may be served on or delivered to the Client.

     

    23.2  The Client may, by written notice to Investec, change his domicilium to any other physical address in South Africa. Any such change of domicilium will only be effective 14 days after the date on which Investec receives the notice.

     

    23.3  Any notice to the Client by Investec may be addressed to the Client at his chosen domicilium and will be deemed as is to have been received by the Client on the 4th day after posting.

     

    23.4  Any notice delivered by hand to the Client or a responsible person by Investec during ordinary business hours at the Client's domicilium shall be deemed to have been received on the day of delivery.

  • 24. General

    24.1  The Client may not cede, assign, make over or transfer any of the Client’s rights or obligations in terms of this these Terms and Conditions, without Investec’s prior written consent. Investec may cede, assign, make over or transfer any of its rights and obligations in terms of these Terms and Conditions, without notice to the Client.

     

    24.2  A certificate signed by any authorised signatory of Investec specifying the amount owing by the Client to Investec and further stating that such amount is due, owing and payable by the Client to Investec, shall be sufficient (prima facie) proof of the amount thereof and of the fact that such amount is so due, owing and payable for the purpose of obtaining provisional sentence or other judgment in any competent court. It shall not be necessary to prove the appointment of the person signing any such certificate.

     

    24.3  These Terms and Conditions shall in all respects be governed by the laws of the Republic of South Africa.

     

    24.4  In terms of section 45 of the Magistrates' Court Act 32 of 1944, the Client consents and submits (for purposes of Investec taking legal steps to enforce any of its rights in terms of these Terms and Conditions) to the jurisdiction of any Magistrate's Court notwithstanding the amount involved. This does not prevent Investec from bringing legal proceedings in a High Court that has jurisdiction.