TERMS AND CONDITIONS

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the website www.nationaldebtadvisors.co.za (the “Website”), which is owned and operated by National Debt Advisors (“NDA”, “we”, “us” or “our”), a debt counselling firm registered with the National Credit Regulator under registration number NCRDC2351.

By accessing, browsing, registering on or otherwise using the Website, or by submitting your details through any contact, assessment or enquiry form on the Website, you acknowledge that you have read, understood and agree to be bound by these Terms, together with our Privacy Policy. If you do not agree to these Terms, you must not use the Website.

These Terms constitute an agreement concluded electronically in terms of the Electronic Communications and Transactions Act 25 of 2002. You confirm that you have the legal capacity to enter into this agreement and that you are at least 18 years of age.

2. Definitions and Interpretation

In these Terms, unless the context indicates otherwise, the following words have the meanings assigned to them below:

“NCA” the National Credit Act 34 of 2005, as amended, together with its regulations.

“NCR” the National Credit Regulator, established under the NCA.

“Debt Counsellor” a person registered with the NCR in terms of section 44 of the NCA to provide debt counselling services.

“Debt Review” the statutory debt relief process provided for in section 86 of the NCA, in terms of which an over-indebted consumer’s obligations are assessed and, where appropriate, restructured.

“Credit Provider” a party who supplies goods or services or lends money under a credit agreement, as defined in the NCA.

“Payment Distribution Agency (PDA)” an entity approved by the NCR that receives a single monthly payment from a consumer under Debt Review and distributes it to the relevant Credit Providers.

“Consumer” a natural person who applies for, enquires about or makes use of NDA’s services.

“POPIA” the Protection of Personal Information Act 4 of 2013, as amended.

“Services” the services described in clause 4 of these Terms.

“User / you” any person who accesses or uses the Website.

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. A reference to legislation includes that legislation as amended or re-enacted from time to time.

3. About National Debt Advisors

NDA is a registered debt counselling firm operating throughout South Africa. Our registered office is at 1st Floor, 9 Long Street, Cape Town, Western Cape, 8000. Our Debt Counsellors are registered with and regulated by the NCR, and our conduct is governed by the NCA and the rules, guidelines and codes applicable to registered Debt Counsellors.

You may verify NDA’s registration status on the NCR register at www.ncr.org.za.

NDA is not a credit provider and does not offer, grant or broker loans or any form of credit. NDA provides debt counselling and related debt-relief services only. Any communication suggesting that NDA offers loans is false and should be reported to us immediately.

4. Our Services

The Website provides information about, and a means of applying for, the debt-relief services that NDA offers. NDA’s Services, as advertised on the Website, comprise the following:

4.1 Free Debt Assessment

A no-cost, no-obligation assessment in which we evaluate the information you provide to determine whether you may be over-indebted and whether Debt Review is an appropriate solution for your circumstances.

4.2 Free Online Budget Planner

A free online tool made available on the Website to help you assess your income, expenses and overall financial position, and to indicate whether you may be over-indebted.

4.3 Debt Counselling and Debt Review

The statutory Debt Review process in terms of section 86 of the NCA, conducted by an NCR-registered Debt Counsellor. Where you are found to be over-indebted, your Debt Counsellor proposes a restructured, more affordable repayment arrangement to your Credit Providers and, where required, applies to the relevant Magistrate’s Court or the National Consumer Tribunal for an order confirming the rearrangement.

4.4 Debt Consolidation of Repayments

Through the Debt Review process, your various monthly debt obligations are consolidated into a single, reduced monthly repayment that is distributed to your Credit Providers via an NCR-approved Payment Distribution Agency. NDA does not consolidate your debts by granting a new loan.

4.5 Negotiation with Credit Providers and Asset Protection

As part of Debt Review, NDA engages with your Credit Providers with a view to reducing monthly instalments and, where Credit Providers consent or where industry concessions apply, interest rates and fees. While you comply with your accepted repayment plan, the NCA provides protection against legal action and the repossession of assets relating to the credit agreements under review.

4.6 Aftercare and Clearance Certificate

NDA provides ongoing aftercare for the duration of your Debt Review and, upon the successful completion of your restructured obligations, facilitates the issuing of a clearance certificate in terms of section 71 of the NCA and the updating of your records with the credit bureaux and the NCR.

4.7 Online Client Portal

NDA may provide access to a secure online client portal that allows you to view information relating to your Debt Review, including statements and payment information. Your use of any such portal is subject to these Terms and any additional terms presented to you on registration.

NDA reserves the right to add to, modify, suspend or discontinue any Service, in whole or in part, at any time. The Services actually rendered to you will be governed by the separate service agreement and mandate that you sign with NDA when you formally apply for Debt Review.

5. Nature of the Website and No Advice by Use Alone

The information on the Website is provided for general information purposes only and does not constitute legal, financial or tax advice. While we take reasonable care to ensure that information is accurate and current, we do not warrant that it is complete, error-free or suitable for your particular circumstances.

Submitting your details through the Website does not in itself place you under Debt Review and does not create a binding debt counselling relationship. A debt counselling relationship arises only once you have completed the prescribed application, signed the relevant mandate and forms, and your application has been accepted by NDA.

6. Eligibility and Applications

To apply for Debt Review you must, among other things, be at least 18 years of age, be resident in South Africa, earn a regular income and be over-indebted as contemplated in the NCA. NDA may request supporting documentation, including identity documents, payslips, bank statements and credit agreements, in order to assess and process your application.

You undertake to provide information that is true, accurate, current and complete, and to update such information as necessary. NDA may decline or terminate an application where information provided is false, incomplete or misleading, or where you do not meet the qualifying criteria.

7. Fees

The Free Debt Assessment and Free Online Budget Planner are provided at no cost. Should you proceed with Debt Review, the fees payable are those prescribed and capped from time to time in terms of the NCA and the fee guidelines endorsed by the NCR. These may include an application fee, an administration fee, a once-off restructuring fee, legal fees associated with any court application, and a monthly aftercare fee.

All applicable fees, and the manner in which they are recovered, will be disclosed to you in writing before you commit to Debt Review and will be set out in the service agreement you sign with NDA. By law, a Debt Counsellor may not collect or hold your monthly Debt Review repayments; these are paid to and distributed by an NCR-approved Payment Distribution Agency.

8. Your Obligations During Debt Review

Where you proceed with Debt Review, you agree to:

• make your agreed monthly payments in full and on time through the appointed Payment Distribution Agency;
• not incur further credit or enter into new credit agreements while under Debt Review, except as permitted by law;
• inform NDA promptly of any material change in your financial circumstances, contact details or employment;
• cooperate with NDA and provide any further information or documentation reasonably required to progress your matter; and
• comply with the terms of any repayment plan or court order applicable to your Debt Review.

You acknowledge that late or missed payments may jeopardise the Debt Review process, may lead to the suspension of Services, and may allow Credit Providers to resume collection or legal proceedings on the original terms of your credit agreements.

9. No Guarantee of Outcomes

Each Consumer’s circumstances are unique, and the outcome of any Debt Review depends on a range of factors, many of which are outside NDA’s control, including the conduct and consent of Credit Providers, the decisions of the courts and the Tribunal, and your own compliance with the agreed repayment plan.

Any reference on the Website to outcomes such as reductions in monthly instalments (for example, “up to 50%”), the stopping of creditor contact or the protection of assets is illustrative only, reflects results achieved in particular cases, and does not constitute a guarantee or representation as to the result that will be achieved in your matter. Time periods referred to (for example, typical Debt Review durations) are estimates only.

10. Intellectual Property

All content on the Website, including text, graphics, logos, the “National Debt Advisors” and “NDA” names and marks, images, layout, design and software, is owned by or licensed to NDA and is protected by South African and international intellectual property laws.

You may view and print content from the Website for your own personal, non-commercial use only. You may not copy, reproduce, republish, distribute, modify or create derivative works from any part of the Website, or use any of our trademarks, without our prior written consent.

11. Protection of Personal Information (POPIA)

NDA is committed to protecting your personal information and processes it in accordance with POPIA. By using the Website and applying for our Services, you consent to NDA collecting, processing and storing your personal information for the purposes of assessing your application, rendering the Services, complying with the NCA and other legal obligations, and communicating with you.

In the course of providing Debt Review, your personal information may be shared with Credit Providers, the NCR, Payment Distribution Agencies, credit bureaux, the courts, the National Consumer Tribunal and our service providers, to the extent necessary to render the Services and comply with our legal obligations. You have the right to access, correct or object to the processing of your personal information, subject to applicable law.

Full details of how we handle your personal information are set out in our Privacy Policy, available at https://nationaldebtadvisors.co.za/privacy-policy/.

12. Electronic Communications and Marketing

By submitting your details on the Website, you consent to NDA contacting you electronically and telephonically in relation to your enquiry and our Services, including by email, SMS, telephone and instant messaging. You may opt out of direct marketing communications at any time by following the unsubscribe instructions provided or by contacting us using the details in clause 18.

13. Third-Party Links

The Website may contain links to third-party websites, including those of Credit Providers and regulators. These links are provided for your convenience only. NDA does not control and is not responsible for the content, products, services or privacy practices of any third-party website, and the inclusion of a link does not imply endorsement.

14. Disclaimers and Limitation of Liability

The Website and its content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, NDA makes no warranties, whether express or implied, regarding the Website, including as to its accuracy, availability, fitness for a particular purpose or freedom from viruses or other harmful components.

To the maximum extent permitted by law, NDA, its directors, employees and agents will not be liable for any direct, indirect, incidental, special or consequential loss or damage arising out of or in connection with your access to or use of, or inability to use, the Website, or your reliance on any information contained on it. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act 68 of 2008.

15. Indemnity

You indemnify and hold NDA harmless against any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Website, or your provision of false, inaccurate or misleading information.

16. Cookies

The Website may use cookies and similar technologies to operate effectively, to remember your preferences and to analyse Website traffic. You can manage cookies through your browser settings. By continuing to use the Website, you consent to our use of cookies as described in our Privacy Policy.

17. General Provisions

17.1 Amendments

NDA may amend these Terms from time to time. The current version will always be available on the Website, and the version in force at the time you use the Website applies to that use. Your continued use of the Website after any amendment constitutes acceptance of the amended Terms.

17.2 Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

17.3 Whole Agreement

These Terms, together with the Privacy Policy and any service agreement and mandate you sign with NDA, constitute the whole agreement between you and NDA in respect of your use of the Website. In the event of any conflict between these Terms and a signed Debt Review service agreement, the signed service agreement prevails in respect of the Services.

17.4 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these Terms or your use of the Website.

17.5 Complaints and Dispute Resolution

Should you have a complaint about NDA’s Services, please contact us first using the details in clause 18. Complaints relating to debt counselling that are not resolved with us may be referred to the National Credit Regulator (www.ncr.org.za) or, where applicable, to the National Consumer Tribunal.

18. Contact Details

National Debt Advisors (NDA)

NCR Registration No: NCRDC2351

1st Floor, 9 Long Street, Cape Town, Western Cape, 8000

Website: www.nationaldebtadvisors.co.za

Email: info@nda.co.za

Telephone: 021 054 1788

Operating hours: Monday to Friday, 08:00 – 17:00 (excluding weekends and public holidays)

 

By using this Website, you confirm that you have read and accepted these Terms and Conditions.