Xpdian Terms and Conditions:
1. Payments: Payment must be made when invoiced, unless otherwise agreed to in writing by
Xpdian, prior to the invoice being issued. Payments to Xpdian will be redeemed against
outstanding invoices in sequence of earlier dates to later dates.
2. Late payments: Late payments on credit purchases - All purchases made on credit, or on a
credit account must be paid within 30 days from the date on your invoice. Upon failure to pay
within 30 days, the full outstanding amount will attract interest at 2% per month, calculated on
a daily basis. Payments received will be used to pay the interest portion of the customer’s
account first, and the remaining portion of the payment will pay the capital on the outstanding
account balance. Any remaining balance will continue to attract interest until fully paid.
3. Debt collection: If a customer fails to pay after 60 days, or is unlikely to pay within an
agreed period, the services of a debt collector may be used to collect the amount owed as
well as any accumulated interest up until that date. A minimum "debt collection fee" of 25%
will be added to the invoice amount plus the accumulated interest. There is no maximum fee.
4. Prices: Prices and specifications are subject to change without notice.
5. Stock availability: Stock availability is not guaranteed. If stock is not available for any
reason, then the quote becomes null and void since the product on which the quote was
based on is no longer available.
6. Software license delivery: All software license delivery will take place on receipt of proof of
payment, subject to point 2 above. Invoices for software will be cancelled if not paid within 30
days of invoice date.
7. Ownership of goods: Xpdian retains ownership in and to any goods sold to the customer until
Xpdian has received full payment for the goods at which date ownership shall pass to the
customer. The customer agrees to hold and possess the goods for and on behalf of Xpdian,
and to keep possession of the goods pending full payment. Xpdian has the right to reclaim
possession of the goods in the event that Xpdian terminates this agreement before full
payment has been made by the customer. The use of software not been paid in full, will
constitute software piracy, unless otherwise agreed to in writing by Xpdian. Software piracy
will be reported to the appropriate bodies.
8. Non-hire Provision: The customer shall not, directly or indirectly, hire, solicit, or encourage
to leave Xpdian’s employment, any employee, of Xpdian, or hire any such employee who has
left Xpdian’s employment or contractual engagement within twelve months of such
employment or engagement.
9. Exemption and Indemnity: The customer shall have no claim of any nature whatsoever
whether for damages, reduction of price, cancellation or otherwise, against Xpdian, in respect
of any loss or damage sustained of any nature.
10. Internal Process: Xpdian has no responsibility towards the internal financial process of the
customer. Should a dispute arise regarding outstanding invoices under any such internal
process violations, the person placing the order accepts personal liability for the settlement of
such invoices.
11. Training Cancellation: The customer may cancel training bookings without penalty at least
ten business days before the first day of training. Should the customer cancel less than ten
business days prior first day of training a charge of fifty percent (50%) of the course price is
payable. If the class has started and the customer fails to attend the course, the full price of
the course is payable. Substitution of delegates is permissible no later than the start of any
training.
General Terms and Conditions:
12. These terms and conditions may be amended at any time without notice. The customer will
be bound to the current terms and conditions on the day of order placement. The customer
may terminate this agreement by written notice to Xpdian if they do not wish to be bound by
the current version.
13. South African law will govern these terms and conditions.
14. Any concessions granted by Xpdian will not affect any of Xpdian’s rights against the
customer.
15. The customer agrees to notify Xpdian immediately if placed under an administration order,
become insolvent or have any other form of legal disability.
16. The acceptance of any service provided by an Xpdian consultant, or trainer, constitutes the
full acceptance of these terms and conditions.
