1. Introduction and Acceptance

• 1.1 These Client Application Terms and Conditions (“Terms”) govern the submission of the SIAAC client application form available at [https://siaac-group.com/client-network-form/] and apply to every applicant seeking to become a client of SIAAC South Africa and Namibia, trading as SIAAC Group (registration number 2023/177320/07, VAT number  4730319219, Import / Export Licence: 25589026) (“SIAAC”, “the Company”, “we”, “us” or “our”).
• 1.2 By submitting the client application form, the applicant (“Applicant”, “you” or “your”) confirms that it has read, understood and agrees to be bound by these Terms. If the Applicant does not agree to these Terms, it must not submit the application.
• 1.3 The Applicant confirms that the information provided in the application is true, complete and accurate, and that the person submitting the application is duly authorised to do so on behalf of the business, company, close corporation, trust, sole proprietorship, partnership or other legal entity applying to become a client of SIAAC (“the Applicant Entity”).
• 1.4 These Terms apply to the client application and onboarding process only. They do not constitute the terms of sale, delivery, warranty or payment applicable to any goods or services subsequently purchased from SIAAC. Those matters are governed by SIAAC’s separate General Terms and Conditions of Sale, which will be made available to the Applicant once an account is approved and which will apply to each order placed.

2. Definitions and Interpretation

• 2.1 “Account” means a trading account opened by SIAAC in the name of the Applicant Entity following approval of the application.
• 2.2 “Agreement” means these Terms as read with the client application form and any annexures.
• 2.3 “Information Regulator” means the Information Regulator of South Africa established under section 39 of POPIA.
• 2.4 “Personal Information” and “Processing” bear the meanings given to those terms in POPIA.
• 2.5 “POPIA” means the Protection of Personal Information Act 4 of 2013, together with its regulations, as amended from time to time.
• 2.6 “SIAAC Group” means SIAAC South Africa and Namibia and its branches, being CPT, JHB, KZN, NAM, BLM, PE, Hoedspruit and George, and any further branch or territory (including Zambia) that SIAAC may operate from time to time.
• 2.7 Words importing the singular include the plural and vice versa; words importing natural persons include juristic persons; and headings are for convenience only and do not affect interpretation. This Agreement is governed by the laws of the Republic of South Africa.

3. Client Account Application

• 3.1 Submission of the client application form does not automatically guarantee account approval, pricing allocation, stock reservation or the opening of a trading Account.
• 3.2 SIAAC reserves the right to accept, decline, suspend or request further information in relation to any client application, at its sole discretion and without being obliged to furnish reasons.
• 3.3 Once approved, the Applicant’s information may be loaded onto SIAAC’s internal business systems, including its ERP, accounting, sales, customer relationship management and operational platforms, for the purpose of client onboarding, quoting, invoicing, order processing, delivery, support and general Account administration.

4. B2B Trading Relationship

• 4.1 The Applicant acknowledges that SIAAC operates as a business-to-business distributor of commercial and industrial energy technologies, and that SIAAC does not itself install, commission or act as an EPC (engineering, procurement and construction contractor) in respect of any system.
• 4.2 The client application process verifies and records the business information required for lawful and efficient B2B trading, including company details, billing details, delivery details, contact persons, VAT information, account administration details and other information reasonably required to manage the trading relationship.
• 4.3 SIAAC may request supporting documents to verify the Applicant’s business information before opening or maintaining an Account.

5. Accuracy of Information

• 5.1 The Applicant confirms that all company, billing, delivery, contact, registration, VAT, banking and Account-related information supplied is correct.
• 5.2 The Applicant undertakes to notify SIAAC in writing, within 7 (seven) business days, of any change to its company details, ownership, authorised representatives, billing information, delivery addresses, VAT registration status or other material Account information.
• 5.3 SIAAC will not be held liable for delays, incorrect documentation, failed deliveries or administrative errors resulting from incorrect, outdated or incomplete information supplied by the Applicant.

6. Supporting Documents and Business Verification

• 6.1 SIAAC may request supporting documents for business verification and Account administration purposes, including but not limited to: company registration documents; VAT registration documents; proof of business address; a bank confirmation letter; director, owner or authorised representative identification; confirmation of authorised representatives; trading name or branch details; delivery and billing details; and any further documentation reasonably required for B2B account verification.
• 6.2 The Applicant confirms that any documents submitted are valid, accurate and lawfully provided to SIAAC.

7. Processing of Personal and Business Information (POPIA)

• 7.1 The Applicant consents to SIAAC collecting, storing, Processing and using the personal and business information submitted in the application for legitimate business purposes, including but not limited to: client onboarding and Account creation; loading and maintaining client records on SIAAC’s ERP and related internal systems; verifying company, billing, delivery and authorised representative details; processing quotations, orders, invoices, deliveries, collections and returns; Account administration and customer support; communication regarding products, services, pricing, technical updates and operational notices; compliance with legal, tax, accounting, audit and regulatory obligations; internal reporting, sales analysis and business intelligence; and maintaining accurate B2B trading records.
• 7.2 Where the Applicant Entity’s authorised representative submits Personal Information relating to natural persons (including directors, members, trustees, owners, employees or contact persons), the legal basis for Processing that Personal Information is (i) that it is necessary to conclude and perform the Account application and any resulting trading relationship, (ii) that it is necessary for SIAAC to comply with a legal obligation, and/or (iii) SIAAC’s legitimate interest in administering a lawful B2B trading relationship, in each case as contemplated in section 11 of POPIA.
• 7.3 SIAAC will take reasonable steps to protect Personal Information and process it in accordance with POPIA, and will not use Personal Information for a purpose materially different from those set out in this clause 7 without further consent, unless permitted or required by law.
• 7.4 SIAAC’s full Privacy Policy, including further detail on the categories of information collected, retention periods and security measures, is available at [https://siaac-group.com/privacy-policy/] and forms part of this Agreement by reference.

8. Authority to Submit Information

• 8.1 The Applicant confirms that it has the necessary authority to submit all business and Personal Information included in the application.
• 8.2 Where the application includes the Personal Information of directors, members, shareholders, trustees, owners, employees, representatives or contact persons, the Applicant confirms that such information is submitted lawfully and that the necessary consent or authority has been obtained from each such individual, and that the Applicant will make each such individual aware of this clause 8 and of clause 9 (Data Subject Rights) below.

9. Data Subject Rights

• 9.1 Any individual whose Personal Information is submitted in terms of this Agreement (a “data subject”) may request access to, correction of, or deletion of their Personal Information, where permitted by law.
• 9.2 A data subject may object to the Processing of their Personal Information in the manner provided for under POPIA, and may submit a complaint to the Information Regulator of South Africa (contact details: enquiries@inforegulator.org.za; complaints may be lodged at complaints.IR@justice.gov.za; www.justice.gov.za/inforeg) where they believe their Personal Information has been processed unlawfully.
• 9.3 Requests relating to Personal Information may be submitted to SIAAC’s Information Officer at commercial@siaac-group.com, or through the relevant Account administrator.

10. Cross-Border Transfer of Personal Information

• 10.1     The Applicant acknowledges that SIAAC Group operates across South Africa and Namibia, with further branches or territories from time to time, and that Personal Information submitted may accordingly be transferred to, stored on, or accessed from systems located outside South Africa in order to service the Applicant’s Account across the relevant branch or territory.
• 10.2     Any such cross-border transfer will only take place in accordance with section 72 of POPIA — that is, where the recipient territory is subject to a law, binding corporate rules or binding agreement that provides an adequate level of protection substantially similar to POPIA, or where the Applicant has consented to the transfer, or another basis recognised under section 72 applies.

11. Retention of Information

• 11.1     SIAAC will retain Personal and business information only for as long as reasonably necessary to fulfil the purposes for which it was collected, including client onboarding, ERP/Account administration, order processing, recordkeeping, legal compliance, tax, audit, accounting and dispute-resolution purposes, and in any event no longer than required under the Companies Act 71 of 2008, the Tax Administration Act 28 of 2011, or other applicable recordkeeping legislation.
• 11.2     Where information is no longer required, SIAAC will take reasonable steps to securely delete, destroy, de-identify or restrict the Processing of such information, subject to applicable legal and business recordkeeping requirements.

12. Credit Vetting and Credit Bureau Consent

• 12.1     Where the Applicant applies for credit trading terms, the Applicant authorises SIAAC to perform, or to obtain, a credit check from a registered credit bureau, and consents to SIAAC sharing Account payment performance information with such credit bureaux in the ordinary course of Account administration.
• 12.2     The Applicant acknowledges that failure to pay any amount owing to SIAAC may result in an adverse listing of the Applicant Entity with a registered credit bureau, and that SIAAC may, at its discretion, request a deposit, bank guarantee, suretyship or other security before opening or continuing to extend credit terms on the Account.

13. Quotations, Pricing and Stock Availability

• 13.1     All pricing, quotations, product availability, specifications and lead times are subject to confirmation by SIAAC.
• 13.2     Unless otherwise stated in writing, quotations do not constitute a binding offer and may be subject to change due to exchange rate fluctuations, supplier pricing, stock movement, freight costs, taxes, duties or other market-related factors.
• 13.3     Stock is not reserved until the applicable order, payment, Account approval or written confirmation process has been completed.

14. Payment

• 14.1     Unless otherwise agreed in writing by SIAAC, all orders are subject to SIAAC’s standard payment requirements, as set out in its General Terms and Conditions of Sale.
• 14.2     The Applicant remains responsible for all amounts due to SIAAC, including approved orders, invoices, delivery charges, collection costs, interest on overdue amounts, and any other charges lawfully recoverable.

15. Communication Consent

• 15.1     The Applicant consents to SIAAC contacting the Applicant and its authorised representatives by email, telephone, WhatsApp or other business communication channels for Account administration, order processing, operational updates, product information, pricing updates and relevant business communications.
• 15.2     The Applicant may request to opt out of non-essential direct marketing communications at any time, free of charge, in line with section 69 of POPIA; however, SIAAC may still send operational, transactional, Account-related and legally required communications.

16. Confidentiality

• 16.1     Any pricing, commercial terms, product information, technical information, proposals or Account-specific information provided by SIAAC to the Applicant must be treated as confidential and may not be shared with unauthorised third parties without SIAAC’s prior written consent.

17. Limitation of Liability

• 17.1     SIAAC will not be liable for any loss, delay, damage, claim or expense arising from incorrect information supplied by the Applicant, unsuccessful Account approval, system delays, stock unavailability, supplier delays, force majeure events or any circumstances outside SIAAC’s reasonable control.
• 17.2     To the maximum extent permitted by law, SIAAC’s aggregate liability arising from or in connection with the client application and onboarding process is limited to direct loss and excludes any indirect, consequential or special damages, including loss of profit, revenue or goodwill.
• 17.3     Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or fraud.

18. Governing Law and Jurisdiction

• 18.1     This Agreement is governed by, and must be interpreted in accordance with, the laws of the Republic of South Africa.
• 18.2     The parties consent to the non-exclusive jurisdiction of the Magistrate’s Court in respect of any dispute arising from this Agreement, without prejudice to SIAAC’s right to institute proceedings in any other court of competent jurisdiction.

19. Notices and Domicilium

• 19.1     Any notice given in terms of this Agreement must be in writing and delivered by hand, email or prepaid registered post to the addresses recorded on the client application form (for the Applicant) and to

  1 Gulfstream Avenue, Airport Industria Cape Town, Western Cape, 7490 South Africa and admin@siaac-group.com and salessupport@siaac-group.com (for SIAAC), which addresses the parties choose as their domicilium citandi et executandi.

20. Severability

• 20.1     If any provision of this Agreement is found to be invalid, unenforceable or unlawful, the remaining provisions will continue in full force and effect, and the invalid provision will be severed to the extent of its invalidity.
• 21. Entire Agreement and Amendment
• 21.1     These Terms, together with the client application form and SIAAC’s Privacy Policy, constitute the entire agreement between the parties in respect of the client application and onboarding process, and supersede any prior representations not recorded in writing.
• 21.2     SIAAC reserves the right to review, update or amend these Terms from time to time. The version applicable at the time of submission of the application will apply, unless otherwise agreed in writing.

22. Application Review and Approval

• 22.1     SIAAC may request additional information before processing or approving the application. The Applicant acknowledges that incomplete applications may delay Account creation, quotation processing or order fulfilment.

23. Applicant Declaration and Acceptance

By submitting the client application form, the Applicant confirms that:

• the information provided is true, accurate and complete;
• the Applicant is authorised to submit this application;
• SIAAC may verify the Applicant’s business information for B2B Account administration purposes;
• SIAAC may load the Applicant’s information onto its ERP and internal business systems;
• SIAAC may process the Applicant’s personal and business information for the purposes set out in clause 7;
• SIAAC may perform a credit check as set out in clause 12, where credit terms are requested;
• the necessary authority or consent has been obtained for any Personal Information submitted on behalf of other individuals;
• the Applicant agrees to comply with SIAAC’s Account, payment and trading requirements, including its General Terms and Conditions of Sale once issued; and
• the Applicant accepts these Terms and Conditions in full