humble Till Refer and Earn Terms and Conditions

1. Introduction

a. Humble Software (Pty) Ltd (registration number: 2012/114432/07) (“humble”) wants to give you the opportunity to refer clients to humble and in return, subject to the following terms and conditions, you will be paid a reward for doing so!
b. By applying for authorisation to refer clients to humble you are confirming that you accept and agree to be bound by the following terms and conditions (as below).
c. Please note that these terms and conditions affect your legal rights and obligations and if you do not agree to be bound by all of them do not apply for authorisation to refer clients to humble.
d. Providing false information when submitting this application will result in the immediate termination of your appointment.

2. Who can refer-and-earn?

a. To be allowed to refer clients to humble and earn rewards for doing so (i.e. to refer-and- earn) you must:
i. be at least 18 years old;
ii. not be an employee of humble.
b. If you are applying on behalf of any legal entity or corporation, you are representing to humble that you are rightfully authorised to accept these terms and conditions on such entity's behalf.
c. Although anyone is welcome to apply to refer-and-earn, your appointment to do so is ultimately at humble’s sole and absolute discretion and humble reserves the right to refuse or terminate your appointment at any stage.
d. You will not be required to pay humble for the opportunity to refer-and-earn.

3. Refer and be rewarded

a. The reward that humble will pay you is determined by the number of clients that have been referred by you.
b. Referring a client to humble must be done through the humble Till, by clicking on the refer page, entering your e-mail address and the e-mail address of the client that you are referring, and then following a few easy steps to finalise the referral process.
c. Any client that you refer to humble must use the same e-mail address that you entered when referring the client to humble. If the client does not use the same e-mail address when signing up with humble, humble will not link your referral to the client and unfortunately you will not receive any reward.
d. You will only be entitled to a reward for referring a client to humble if and when that client activates a humble Till and pays humble an amount equal to the reward due to you and provided that the client has signed up to humble using the same e-mail address that you entered when referring the client to humble.
e. There is no limit on the number of clients that you can refer to humble.
f. Any client referred by you cannot be:
i. a previous or current client of humble;
ii. your employee;
iii. an employee of humble.

iv. Yourself.
g. You may also not refer yourself to humble as a client.
h. You will only be entitled to be paid a reward for referring a client to humble once that client has activated a humble Till and has paid humble an amount equal to the reward due to you (for example: if you are due a reward of R500.00 for referring a client to humble, as per 4.a.ii. below, you will only be paid that reward once that client has paid humble at least R500.00 for the use of a humble Till).
i. Humble has the sole and absolute discretion to withhold the payment of a reward to you should humble suspect that you have, in referring a client, acted in an unlawful manner or in breach of these terms and conditions. Furthermore should it be found that you have acted in such a manner humble will be entitled to terminate your right to refer-and-earn.

4. Rewards – the more paying clients referred the bigger the reward!

a. Rewards for referring clients to humble, are determined as follows:
i. For the 1st to 5th client referred, you will be rewarded with R250.00 for each referral;
ii. For the 6th to 9th referrals, you will be rewarded with R500.00 for each referral (i.e. from the 6th referral onwards);
iii. After referring 9 clients to humble (i.e. from the 10th referral onwards), you will be rewarded with R750.00 for each referral up a maximum Payout amount of R15000.00 (Fifteen Thousand Rand) unless otherwise agreed in writing by humble.
iv. For any Enterprise / Corporate / Franchise deals , please contact us and we will agree a reward, failing to do so, will limit the reward to a maximum amount payable by humble of R15000.00 (Fifteen Thousand Rand).
b. Your reward will only be paid to you 60 days after the reward becomes due to you i.e. once the client has paid humble an amount equal to the reward due to you. Humble will however make every effort to pay you in a shorter period of time however no guarantee can be given in this regard.
c. Payment of your reward will be made into your nominated bank account.
d. You are solely responsible to pay any income tax or any other such levy that might be payable as a result of the payment of your reward. Humble accepts no responsibility for any tax or levy that might be due by you as a result of the payment of your reward.
e. Please note that you will not be rewarded for referring clients who do not choose to pay for a humble Till after any initial “free trial” period has expired.

5. Promoting humble

a. You are authorised to promote humble’s services and products to potential clients however you are only permitted to do so in accordance with humble’s trademark policies.
b. Humble’s intellectual property will at all times remain humble’s sole property.
c. It is expressly understood that this agreement does not grant you any interest in humble’s trademarks or any other intellectual property rights of humble.

6. Your duties

a. You may not represent yourself to be a representative, agent, partner, joint-venturer or employee of humble. You may also not hold out that you have the ability to bind humble in any way.
b. The relationship between humble and you does not create an employment, partnership or joint venture relationship.
c. You must:
i. not use any information or know-how supplied by humble for any purpose other than that specified in these terms and conditions;
ii. not make any representations or give any warranties on humble’s behalf to any third party;
iii. conduct business in a manner that in humble’s opinion reflects favourably at all times on the reputation of humble;
iv. avoid any activity detrimental to humble’s interests, reputation and goodwill;
v. not make any false or misleading representations with regard to humble or humble’s clients;
vi. comply with all relevant laws and regulations; and
vii. notify humble of any suspected infringement of humble’s intellectual property.

7. Termination of this agreement

a. Humble shall, at its sole and absolute discretion and for whatever reason, be entitled to terminate your appointment at any time.
b. Should humble terminate your appointment as a result of you breaching any one of these terms / conditions you will not be entitled to any reward (payment) other than that which is owing to you as at the date of termination.

8. Limitation of liability and indemnity

a. Notwithstanding anything to the contrary contained in this agreement, humble shall not be liable for any damages, loss, claim or liability, whether direct or indirect, which you incur or which you suffer as a result of your appointment in terms hereof.
b. Humble does not give any warranty or represent that any of humble’s services or products are fit for any purpose, free of defects or do anything that you or a potential client may expect.
c. All of the humble services and products are subject to the humble terms and conditions which may be found on the humble website.
d. You hereby indemnify humble against any claim, loss or liability suffered by humble as a result of your negligence, or resulting from any breach by you of a term of this agreement alternatively resulting from any act or omission made by you in any capacity.

9. General

a. This agreement constitutes the whole agreement between yourself and humble.
b. Should humble choose to not enforce any term in this agreement or should humble delay enforcing any such term, it will not mean that humble is waiving the right to do so.
c. Humble is entitled to amend this agreement from time to time, without notice to you.
d. This agreement is to be governed by the laws of the Republic of South Africa.
e. Each term or clause in this agreement shall operate separately and if any term or clause in this agreement is found to be unlawful or unenforceable the remaining terms / clauses will still be of full force and effect.

……………………………….