eThekwini Municipality Supplier Portal

In order to use this site please accept the Terms and Conditions

1.Introduction

• These conditions will govern the relationship between the Municipality and the registered service provider as rendered by the eThekwini Municipality on the  eThekwini Service.
• The service provider understands that by submitting their registration to subscribe to the service that they have familiarized themselves with the contents in the Conditions of Use, and that the service provider intends to be bound by the contents.
• This Agreement will commence when the eThekwini Municipality accepts the service providers request to subscribe to Service, which acceptance will manifest at that point in time when the eThekwini Municipality sends the service providers a PR Number (the “commencement date”).

2. Definitions

• "User" means all persons who access, view, download from, or use the eThekwini Municipality site whether on the Internet or a copy thereof. "Users" includes "Registered service providers"
• “Service” means the electronic statement presentation, enquiry, contracts, terminations and de-registrations, black listing and payment solution as approved by the eThekwini Municipality.
• "the eThekwini Municipality site” means the website through which the eThekwini Municipality provides the Service.
• "Registered service provider" means a registered service provider with the eThekwini Municipality who subscribes to the Service either personally or through an authorized agent
• “eThekwini Municipality ” means a municipality established in terms of section 12 of Local Government Act, 1998 (Act no: 117 of 1998)
• “submit” or “submission” means the action whereby the service provider indicates to the eThekwini Municipality that they want utilize service.
• “writing” means documents reduced to writing and shall include e-mails, fax or registered post;

3. Application

• These Conditions of Use shall apply to all Users and becomes binding between the eThekwini Municipality and a user immediately upon the user accessing, viewing or using the Service or its contents.

4. Electronic Communications

• When a user visits the eThekwini Municipality website or sends e-mails to the eThekwini Municipality, that user consents to receiving communications from the eThekwini Municipality electronically and agrees that all agreements, notices, disclosures and other communications sent by the eThekwini Municipality satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be "in writing" with the same legal stature as a written document.

5. User Name and Password

• The service provider undertakes to ensure that the user name and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
• The service provider undertakes to report any actual or attempted unauthorised access to the eThekwini Municipality, without delay, via the support desk of the eThekwini Municipality and provide the eThekwini Municipality with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the eThekwini Municipality reserves the right to deactivate the user name and/or password without further notice.
• The eThekwini Municipality may at its sole discretion and for whatever reason, require an service provider to change their user name and / or password from time to time and the service provider undertakes to unconditionally comply with such a requirement.

6. Information and Privacy

• The eThekwini Municipality understands that the information provided by the service provider to the eThekwini Municipality (the "information"), includes private and sensitive information. The eThekwini Municipality will, save for the circumstances as set out in clause 10 bullet 2 below, not share any such information with any third party without the prior written consent of the service provider.
• The eThekwini Municipality will only disclose the information to a third party:
  • to perform the Service;
  • if the eThekwini Municipality is required by law or court order to disclose the information; and/or
• The eThekwini Municipality will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 5 (five) years after submission of information if this agreement remains in force for longer than 5 (years), whichever might be the case.
• Although the eThekwini Municipality will take all reasonable measures to ensure that the information will not be compromised, the service provider acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.

7. Use of User Information by the eThekwini Municipality

• The eThekwini Municipality may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
• The eThekwini Municipality will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
• The eThekwini Municipality may provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
• The user acknowledges:
  • that communications within the information service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;
  • The use of user information and the disposal or dissemination thereof shall not constitute invasion of privacy by the eThekwini Municipality.

8. Use of Software

• Users are required to use and maintain only hardware and software of sufficient minimum quality and performance capabilities as indicated on the eThekwini Municipality home page and to use only the specified makes and versions of Internet browser software. Users acknowledge that their failure to use a specified browser may result in a higher security risk and/or cause or all of the functionality of the website not to operate properly or at all
• Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies the eThekwini Municipality against any breach of such license conditions.
• The eThekwini Municipality gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.

9. Unavailability of the eThekwini Municipality Services

• The eThekwini Municipality shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, the eThekwini Municipality will not exercise its rights in terms of this clause without just cause.
• The user acknowledges and accepts that the eThekwini Municipality service may become unavailable from time-to-time due to various circumstances, including:
  • technical failure or problems with the eThekwini Municipality ;
  • infrastructure or technical problems with third party information technology systems;
  • unavailability of telecommunication or electricity services;
  • or other circumstances beyond the control of the eThekwini Municipality.

10. No Warranties or Representations

• The Conditions of Use evidences the sole terms and conditions governing the Services.
• Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the eThekwini Municipality, its employees, agents or advisors which are not stated in the Conditions of Use shall not be valid and enforceable and Users shall not hold the eThekwini Municipality liable to any such warranty or representation, whether made prior to, during or after concluding the Conditions of Use.
• The eThekwini Municipality site and Service are provided "as is" and the eThekwini Municipality makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-
  • the eThekwini Municipality does not warrant that the website; its contents; the third party content and services; payment or the Municipal Services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The eThekwini Municipality expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
  • whilst the eThekwini Municipality has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a user's system.

11. Governing Law and Jurisdiction

These conditions are governed by the laws of the Republic of South Africa.