All steps have
been taken to ensure the correctness of data and information as it appears
on our website and we will therefore not be held liable for any mistake,
misinterpretation or any omissions on our part whatsoever. We try to update
all the information on a regular basis as soon as possible. FACTCORP.CO.ZA is trading as FACTCORP
LIMITATION OF LIABILITY
FACTCORP.CO.ZA does not warrant that the service will be
uninterrupted or error-free. In no event will FACTCORP.CO.ZA be liable for (i) any incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like) arising out
of the use of or inability to use the service, or any information, or
transactions provided on the service, or downloaded from the service,
or any delay of such information or service, even if FACTCORP.CO.ZA or its authorized representatives have been advised of the possibility
of such damages, or (ii) any claim attributable to errors, omissions,
or other inaccuracies in the service and/or materials or information downloaded
through the service. Indemnification you agree to indemnify, defend and
hold harmless FACTCORP.CO.ZA and its shareholders, owners,
accountants, officers, members, directors, employees, agents, licensors,
suppliers and any third party information providers to the service from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Please note that if any client put FACT's name in jeopardy by publishing
or posting slanderous or false information about FACTCORP.CO.ZA
or www.factcorp.co.za where CIPC is responsible for any unforeseen circumstances
or delays on their side they will be in breach of contract.
Please note that due to high policies about spam related emails, international law and South African laws, our servers will remove duplicated/same emails if the same email is sent to different email addresses to factcorp.co.za as it will mark it as spam related, therefor we suggest only to sent us one email at a time. Please make sure to remember your reference number when corresponding with us to eliminate backlash of emails. We do respond to all emails and in some cases the same email is sent globally to all clients using mailing list software.
We will not be held liable for any unforeseen circumstances that might
arise due to any situation which we have no control over like any decisions
made by the government(CIPC/CIPRO/SARS) which could affect our services
, cause delays or due to theft/fire on our premises.
Please note that once the documentation are in the registrar's hands,
we don't have control over it, thus can't be held responsible for any
delays caused by their part. Once the documentation for TAX number
and TAX clearance certificates are with SARS, we have no control over
it and we are not held responsible if they are under staff for all tax
seasons when delays might arise.
Please note that if Annual returns are due and we can't submit due to
unforeseen circumstances at the registrar(CIPC), we are not liable for
any late fees if there's delays at the registrar due to unforeseen circumstances
but the client are liable for the late fees payable due to not paid in
MOST IMPORTANT PART!!!
Please note to always make sure to use the correct reference number when
corresponding to us, as we are not responsible for any mistakes made because
the incorrect reference number was provided. Also make sure you select
the correct options when you apply so that you will receive the correct
emails related to your application as we will not be held responsible
for any delays that might occur due to this.
All information supplied to us cannot be verified due to our workload.
We use the client's spelling and any wrong, incorrectly spelled, false
or misleading information supplied to us will not be our responsibility
and we will therefore not be held liable for any such information supplied
to us as this is an open source data capturing system. It's the client's
responsibility to make sure that all information will be supplied to us
electronically for correctness. If information is not supplied electronically,
we will not be responsible if anything is spelled incorrectly due to unreadable
or different appearance by handwriting. Please note that we do secretarial
work with CIPC on behalf of your business and FACT's cell phone number
and email addresses may be used on CIPC documentation for secretarial
purposes and can be explained in details need be. All information supplied
by the client is stored on a secure server and will be kept confidential
and private and will not be shared to any other 3rd party. Once you entered
an email address on our website, you are automatically subscribed to our
newsletters and advertisements.
Please note that if any information or correspondence from us or between
us and CIPC is shared to any other party or 3rd party, this will be within
breach of contract with FACTCORP.CO.ZA and we have the right
to prosecute to the fullest extend of the law to assure our clients are
protected by the informations act of 2008.
We can't be held responsible for any misleading information supplied to
the registrar from our clients or any mistakes that might occur during
the registration process at our offices or at the registrar.
If we find any information supplied to be misleading, false and wrong
or the intention is there of doing illegal dealings, we reserve the right
to cancel any such applications. Please note that we have a no refund
policy once proof of payment have been confirmed. Any money paid into
our account for any services no longer available, will be kept on credit,
to be used for any other services we offer, or offer at a later stage.
Any payments made without the correct reference number will only be treated
as paid on the date, proof of such payment with correct reference number
was provided. If in any case the client used the wrong reference number
and that reference number is of another application that has not paid,
that client will be liable for the moneys we've lost.
No Refunds will be given when a quote has being accepted and paid for
in full. No fees are transferable from one application to another. Any
moneys paid towards any service will be waived if in breach of contract.
It stays the client's responsibility to make sure the amount paid is the
amount quoted for when applied and the account to be paid in is the correct
account on the date you are doing payment as we don't do refunds on overpaid
amounts or paid into the incorrect accounts. Any amount paid extra will
be kept in credit until later utilized on any other services we offer.
Please note that for each cash payment, an additional R45.39 is needed to be added to the amount paid as the bank charges us R45.39 minimum for each cash transaction paid into our account.
Please note that by law if you applied on our website and paid the fee
for the service we have to render, it is bound by law to be a valid accepted
quote, paid for.
We can't be held responsible for any moneys paid into the wrong bank account
number or older bank account we might have had in the past, it stay the
client's responsibility to make sure they pay into the right bank account
on the date you are doing payment.
Please note that we do not record any information of the credit card details
of clients who use our online credit card payment facility to protect
the privacy of our clients details.
Any services not followed through with us, but completed themselves or
by other means after the client requested and paid for will be seen as
in breach of contract.
VERY IMPORTANT: Once the name of a business is approved,
it is reserved by the Registrar for (2 months before the 1st of May 2011)
6 months only. During these 6 months the client(s) are responsible for
sending us the necessary, signed documentation in order to enable us to
finalize the registration process. Therefore, if we do not receive the
necessary, signed documentation from our client(s) within this (2 months
before the 1st of May 2011) 6 month time-limit (enforced by the Registrar),
the approved name will expire. The client(s) will then have to pay an
additional fee within 2 weeks in order to re-submit the expired name.
Failure to do so within this 2 week time-limit will cause the whole application
to expire, and the client(s) will then have to re-apply at full cost for
the registration of a new business.
Clients agree that when originals is requested after registration is complete
to supply us with the orignals when needed if requested from the registrar.
Please take note that all instructions and correspondence need to be sent
to us in an email so we are aware of it and can act on it in the quickest
way possible. Due to the high volumes we handle, other documents posted
that is not required might be overlooked.
Please note: Any application for the Amendment of a business that requires
documents from the clients, WILL expire if these documents are outstanding
for more than 2 months. Once it's paid, we expedite the process by handling
all relevant documentation ready to attach your documentation once it
Please note: Any application which names of the business has being rejected
needs to pay an additional fee of R164 so that we can submit the new names.
The registrar does not credit us anymore since the new act has been implemented,
so we are forced to charge this additional fee. The client has a time
limit of 2 months to provide us with a new set of names. Failure to do
so within this 2 months time-limit will cause the whole application to
expire, and the client(s) will then have to re-apply at full cost for
the registration of a new business.
Please note: Any application for deregistration is not refundable once
paid for due to the letter you applied for is then already provided to
you, so please make sure your information to de-register a company or
CC is correct before you applied and paid.
Please note that due to the implementation of the new company's act of
2008, all applications paid for after the 1st of May 2011 to register
a Close Corporation or Close Corporation names rejected after the 1st
of May 2011, will have to register a new Company and will have to pay
an additional R400. Any information supplied on correspondence after the
1st of May 2011 which is not of the new company's act of 2008, is not
valid and can't be used as correct information supplied.
In order for FACT to be the fastest and most efficient registration office
in SA, it greatly depends on the cooperation of our customers, who has
to abide by the simple terms and conditions of our online application(s).
Due to the high volumes we handle, it is the customer's responsibility
to contact us, should they not receive any correspondence from us for
a period of 3 working days (usually caused by emails either not read or
addresses incorrectly entered).
Since the sole business of FACTCORP.CO.ZA is to facilitate
the registration of businesses, we cannot be held liable for the misconduct
or miscommunication of any accounting officer appointed for any business
registered or amended by us.
Since CIPRO/CIPC (the Registrar of Companies in SA) decides what names
and types of business are approved, we cannot be held liable for any inconvenience
or even costs incurred by the outcome of their decision(s). Our only means
of testing names and types of businesses before being submitted, is based
on CIPRO/CIPC's facilities, since they are the Governmental and absolute
ruling party. Should a word, words, and/or phrase be approved as a name
for a business and any conflict(s) arise afterwards with a name, names,
and/or phrases used by other business entities, whether national or international,
then the matter should be taken up with our Governmental Institution,
namely CIPRO/CIPC (the Registrar of Companies in SA).
As soon as any work is finalized by us, this includes all registrations,
all responsibilities for the running of such a registered business shall
pass to the members/directors. We therefore trust that the members/directors
of the business have sufficient knowledge of the Act and how to manage
a business efficiently. Any other registrations will be for the responsibility
of the members /directors of the business.
SARS TAX: Every business must be registered with SARS for income TAX and
submit all their TAX returns. Please note that the fees displayed on our
website for tax clearance certificates does not include any TAX returns
that might be outstanding. We can also help you with submitting your TAX
returns once your business is registered for income TAX. Please ask us
to quote you on submitting your TAX returns if any is outstanding.
Please note that we only do BEE certificates for start-up businesses and
renewal for existing businesses who's turnovers is less than R1,500,000
for the construction BEP industry, R2,500,000 for the tourism sector and
R5,000,000 for any other sector. If we find that any information supplied
for an existing business applied for a BEE certificate below these thresholds
are not correct, for example, the turnover is above these threshold for
the last 12 months since applied, will be seen as in breach of contract.
It stays the client's responsibility to make sure their details are correct
before they apply for a BEE certificate. We do not cater for BEE certificates
above the thresholds. Please note that we can only issue BEE certificates
which falls within the qualifications of the BEE officer.
Please note that we only make use of the post office for sending original
documents due to them being one price for all destinations. Collections
with any other courier services have to be arranged by the client themselves
and need to make us aware of it in advance so we can arrange for the documents
to be ready for collection. Also take note that in any cases where there's
unforeseen circumstances with the post office, for example they might
strike and we will then be unable to make use of the only way of shipping
documentation to our clients. Clients are then advised to arrange to collect
their documentation from our offices and to notify us in time of such.
Due to the law and acts of South Africa that may change from time to time,
we can't guarantee that information given by fax, email, telephone or
any other means obtained from us, shall create any warranty on our part
or be deemed 100% accurate or 100% reliable. We therefore encourage all
clients to get a second opinion if in doubt about anything.
Any software or pages downloaded, used or obtained through the use of
our site is completely done at your own discretion and risk. We will not
be held liable for any damages to your computer system, related hardware,
software, accessories or loss of any data whatsoever.
By making use of this website or any services we render you agree to be
bound by all the Terms and Conditions in our Disclaimer and is regarded
as a binding contract between FACTCORP.CO.ZA and the Client.
Due to circumstances out of our control, such as power failures, etc.
FACT cannot guarantee uninterrupted access to this website and any or
all related services, and therefore cannot be held liable for any damages
or losses that might arise as a cause thereof. FACT will however, at all
times, strive to maintain the best quality of service humanly possible.
Please note that all material used on this website is
Copyrighted by FACTCORP.CO.ZA and may not be used, copied
on any other website what so ever, because that's a criminal offence and
will not be treated lightly! Legal action will be taken against thieves!
NOTE: Any & all details on this website are subject to change without prior notice.