In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company.
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
- All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
We are registered with the National Credit Regulator with registration number NCRDC2224 and bound by the National Credit Act No 34 of 2005 and its ancillary Regulations as published and amended from time to time.
As such, any information concerning the Client and their respective Client Records may not be passed to third parties. Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate parties in accordance with the Act, the Regulations and the duties incumbent upon us in the delivery of our services.
Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
The Company does not accept payment for Debt Review from Clients directly under any circumstances save for collections of outstanding fees and wasted costs on cancellation or termination of services, or for special services outside the remit or definition of Debt Review. We do not accept cash at all. All Debt Review payments are via an NCR accredited Payment Distribution Agent (PDA), and the company accepts no liability for any payment howsoever made to any party other than the registered PDA.
Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full.
Monies that remains outstanding by the due date will incur late payment interest, at the discretion of the Company, at the rate of 15% per annum compounded monthly on the outstanding balance until such time as the balance is paid in full and final settlement.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of letter of demand via collection Agencies and/or through the Court and in this regard the Magistrates Court shall have jurisdiction.
In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Dishonoured payments will incur and there will be a charge to cover banking fees and administrative costs. In an instance of a second Returned payment, we reserve the right to terminate the arrangement and proceed with collections recovery through the Court. Consequently, all services will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
We follow the guidelines for the withdrawal from debt review as set out by the NCR 2015/02.A Consumer whose debts have been re-arranged in terms of Part D of this Chapter must be issued with a Clearance Certificate by a Debt Counsellor within seven days after the Consumer has–
A. Satisfied all the obligations under every credit agreement that was subject to that debt re-arrangement order or agreement in accordance with that order or arrangement; or
financial ability to satisfy the future obligations in terms of the re-arrangement order or agreement under-
(aa) a mortgage agreement which secures a credit agreement for the purchase or improvement of immovable property; or
any long term agreement as may be prescribed;
(bb) that there are no arrears on the re-arrangement contemplated in subparagraph (i); and
that all obligations under every credit agreement included in the re-arrangement order or agreement other than those contemplated in subparagraph (i), have been settled in full.
A debt counsellor does not have statutory powers to terminate or withdraw the debt review process. This means that a debt counsellor can no longer issue Form 17.4 and update DHS with status G (Voluntary withdrawal by consumer) or H (Withdrawal by a debt counsellor). There is however varied ways in which a consumer can be withdrawn from debt review which will be set out below.
Once a debt review court order has been obtained a consumer cannot terminate or withdraw the debt review process, they can however approach the court to rescind the order or apply for an order which declares that the consumer is no longer over-indebted.
Upon receipt of the order, a debt counsellor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
Consumers can only withdraw or terminate the debt review process prior to declaration of over-indebtedness as per section 86(7) of the Act and issuance of Form 17.2 subject to payment of debt counselling fees as per NCR Debt Counselling Fee Guidelines.
If a determination is made and no court order is in place, the consumer will remain under debt review.
A debt counsellor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
Where section 86(7) determination is made and the consumer is not co-operating with the debt counsellor (e.g. not providing relevant information or proof, none payment of debt counselling fees, etc) and a determination in terms of section 86(7) of the Act is made, a debt counsellor can suspend provision of his/her service to the consumer.
Prior to suspension of the service, a debt counsellor will notify the consumer of the intended suspension of service, the consequences and allow the consumer 10 business days to remedy the situation.
Debt counsellor to remain the debt counsellor on record for the consumer.
In all cases, the published guidelines of the NCR will apply.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
In all cases, the published guidelines of the NCR will apply.
Unless otherwise stated, the services featured on this website are only available within South Africa, or in relation to postings from South Africa. All advertising is intended solely for the South African market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in South Africa, as DT Debt Counselling T/A Doctor Debt 2007/244431/23, registered office 718 Marine Drive Shelly Beach 4265
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of South Africa govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
Your statutory Consumer Rights are unaffected.