Terms and Conditions
Overview
This document describes the terms and conditions that apply to the use of our website and the acceptance and use of the Services that we provide.
Embassy Services (Pty) ltd, Registration no 2023/873417/07, is a South African company operating from the following address:
2202 Red Ivory Lane
50 Avalon Road
Modderfontein
Edenvale
1609
South Africa
Embassy Services can be contacted at [email protected] or on +27 10 500 5320 during regular business hours.
The website is located at https://embassyservices.co.za
Definitions
Where we use Embassy Services in this document we are referring to the South African company called Embassy Services (Pty) ltd, Registration no 2023/873417/07
Where we use Client in this document we are referring to any person or entity that communicates with or makes use of any of the services provided by Embassy Services.
Service/s means documentation services offered by Embassy Services including but not limited to obtaining official documents from government departments and legalsing them for use internationally.
ECT Act means the Electronic Communications and Transactions Act, No. 25 of 2002
Commencement and Duration
These Terms will govern the relationship between the Parties until they are amended or terminated by either Party, in accordance with the rights of termination outlined in these Terms.
Agreement regarding communication in terms of Section 21 of the ECT Act
The Client is bound by these terms and conditions for as long as they use the Services. The agreement is considered concluded in Johannesburg, South Africa, when the Client accesses the Embassy Services website or uses its Services.
The Client agrees that any data messages sent to Embassy Services will only be considered received when Embassy Services responds.
No electronic signatures, encryption, or authentication are needed for valid communication between the Client and Embassy Services.
Any data messages sent from a computer, IP address, or mobile device normally used or owned by the Client are assumed to be sent or authorised by the Client.
Any email sent by Embassy Services to the Client is considered received once the Client is able to download it.
Usage of the services provided by Embassy Services
Embassy Services is a document and legalisation services company based in Johannesburg, South Africa. We specialise in obtaining documents and legalising them for use internationally, from government departments such as Home Affairs to High Court notarisation and apostilles at DIRCO.
We do not do the actual authentication, notarisation or attestation of these documents, but we do assist clients in sending these documents to the relevant government department and embassies in order to get this done. We also assist in procuring these documents, either via third party services or via the relevant departments directly.
Embassy Services is a private company and not a government department or High Court issuing body or associated with any foreign embassy. We provide consulting, submission and collection services, and charge for our expertise and for successfully and quickly obtaining and legalising documents.
Documentation sent to Embassy Services
While Embassy Services is happy to provide advice about the Services they provide, they are not an official government body and shall not bear any liability for any issues or delays that result from incorrect information or documentation supplied by the Client. It is the Client’s responsibility to determine what documentation they need to provide and what type of legalisation or authentication of those documents they would like to obtain.
All documents sent to Embassy Services must be sent via a priority courier with a tracking number (we recommend DHL for international courier shipments and The Courier Guy for local shipments). Documents should never be sent via the post office, and Embassy Services is not responsible at all for tracking of those documents, or any delay or non delivery of documents that are sent via the post office.
Documents should be securely packed in an envelope with a thick cardboard backing board to prevent the document being bent or damaged in transit. Unless previously agreed and specified, all documents must be original documents, and not laminated or certified copies.
Embassy Services will not incur any liability for any loss arising from or in connection with the posting, couriering and or transportation of documents of the Client to the offices of Embassy Services.
Estimated Timelines
Embassy Services provide estimated timelines based on prior experience with the departments and embassies that they work with. These estimated timelines are only a guideline and Embassy Services shall not incur any liability should any Service not be completed within those estimated timelines.
Embassy Services is not responsible for delays or failure of third party suppliers or government departments and embassies to deliver their services on time. Should a Service take longer than an estimated timeline to complete, Embassy Services will communicate this with the client but cannot be held liable for delays or be asked to refund fees for these Services.
Errors on Documents or Non Availability of Documents
Embassy Services cannot be held responsible or liable for any errors in documents requested as part of the Services that they provide. Government departments are notoriously unreliable with data capturing and entry and typing and spelling errors can occur, as well as more serious errors with the original information.
Where possible, Embassy Services will attempt to get spelling and typing errors corrected, but in other cases it may not be possible at all to correct information that is incorrect on the document.
Embassy Services cannot be held responsible or liable for any delays that result from errors on documents procured as part of their Services, and will not issue refunds for such errors.
If a document is not obtainable from a government department or service provider due to non availability or denial of provision of that document then Embassy Services will provide a refund of the fee for that Service less a reasonable administrative fee for the costs incurred in applying for that service.
Embassy Services will not be liable for any loss incurred by the client due to the non availability of the document.
Limitation of Liability
To the extent allowed by law, Embassy Services will not be held responsible for any non-delivery or delayed delivery of a Service ordered by the Client.
Neither Embassy Services nor the Client will be liable for failing to meet its obligations under this Agreement if the failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, fire, flood, riots, strikes, lockouts, or delays caused by third-party operations that affect their performance under this Agreement (“Force Majeure Event”).
If either Embassy Services or the Client is unable to fulfil a significant portion of its obligations under this Agreement for more than 90 (ninety) days due to circumstances beyond its control, as mentioned in the Force Majeure Event clause either party may terminate their obligations by giving written notice to the other. In such a case, the Client cannot claim any damages or losses from the Seller.
Embassy Services is not responsible for any damage, harm, injury, or loss to any person, entity or property resulting from the use of its Services or those provided by any third party.
Embassy Services is not liable to the Client or any third party for any special, indirect, or consequential damages, regardless of the nature or cause.
Agreement and Severability
These Terms represent the entire agreement between Embassy Services and the Client, overriding any other agreements, disclaimers, or notices from the Client.
No changes or waivers to these Terms will be valid unless provided in writing by an authorised representative of Embassy Services. Any such waiver will apply only to the specific situation for which it was granted.
If any part of these Terms is found to be invalid or unenforceable, the remaining terms will continue to apply.
Embassy Services’ failure to enforce any right or provision does not waive that right or provision.
Governing Law
The Services are operated in South Africa, and therefore, South African law, as enforced by South African courts, governs their use.
General Terms and Conditions
The Parties shall act in good faith towards each other at all times.
The Parties agree to the jurisdiction of the Magistrates’ Court, as per Section 45 of Act No. 32 of 1944, for any legal proceedings related to these Terms.
Each Party confirms that they had the opportunity to seek independent legal advice about these terms and conditions, and either did so or chose not to.
And that they consider each provision of these terms and conditions to be fair, reasonable, and reflective of the Parties’ overall intentions.Embassy Services are not responsible for any costs the Client incurs in seeking professional advice regarding these terms and conditions