Terms and Conditions of Service
This document constitutes the Standard Terms and Conditions on which Mediation Zone renders its dispute settlement services.
1. Acceptance of Terms
The party or parties referring the matter to Mediation Zone (as identified in the Client Registration Form, herein referred to as “the parties”) confirm that:
a. Any service provided to the parties by Mediation Zone shall be provided upon these terms and conditions;
b. They are aware of and accept these terms and conditions, and furthermore subject themselves to Mediation Zone’ Dispute Resolution Procedures (referred to as “the Rules” or “Rule”).
2. Services Provided
The parties hereby request Mediation Zone to arrange and/or provide the services identified in the Client Registration Form, and as further required. Mediation Zone agrees to arrange for and provide the requested services upon the terms and conditions specified herein. In doing so, Mediation Zone shall be required to provide some or all of the following service components:
a. The services of a dispute practitioner (conciliator, mediator, arbitrator, etc.);
b. Mediation Zone’ administration services, inclusive of a venue usage charge;
c. Upon receipt of a completed Client Registration Form, Mediation Zone shall provide and render these at a level and quantity as per Mediation Zone’ discretion. These services will be rendered as required by the dispute, but subject to any of the parties’ reasonable, specifically agreed upon, requirements.
3. Fees Charged by Mediation Zone
The fees charged by Mediation Zone shall be subject to prior acceptance by the party/parties.
a. The fees and charges contained in the Rates Agreement may, without prior notice, increase in accordance with any general tariff increase by Mediation Zone.
b. Such increased fees shall also apply to any matters already referred to Mediation Zone, but only in respect of such aspects of the matter as are not yet finalised on the date of the increase and further provided that any such increase shall not exceed 15% per annum of the fees and charges listed therein.
c. Disbursements incurred by Mediation Zone in respect of postal services, delivery expenses, faxes, photocopying, preparation of bundles and any other causes are normally included in the case management fee. However, Mediation Zone reserves the right to recover such costs where the expenses relating to the case in Mediation Zone’ opinion is out of the ordinary or warrants it.
4. Payment Terms
All fees in terms of this agreement, including the fees due to the dispute practitioner, shall become due and payable as follows:
a. In the case of all conciliation, mediation and arbitration referrals, a referral fee equal to the cost of a conciliation event shall be invoiced upon receipt of the referral, and shall be immediately due and payable. Any additional fees relating to such a conciliation process shall be invoiced and become due as and when they arise;
b. Where the parties agree at the conciliation meeting to schedule any additional events, any fees relating to such additional events shall be invoiced as soon as the conciliation meeting is concluded, and shall be immediately due and payable;
c. Where the parties at any stage agree to extend the duration of a conciliation meeting, any fees relating to such extension shall be invoiced as soon as the conclusion of the meeting, and shall be immediately due and payable;
d. In the case of family or divorce settlements, the non-refundable referral fee shall be invoiced upon receipt of the referral;
e. Mediation Zone shall provide to the party (ies) an invoice that sets out the amounts due to Mediation Zone and to the Dispute Practitioner, and the date or dates upon which such amounts became due. All amounts due shall be paid on presentation of the invoice;
f. Mediation Zone’ tax invoices shall be prima facie proof of the amounts due in terms of this agreement, and of the date or dates on which the said amounts became due;
g. Interest will be levied on any unpaid amounts from the due date to the date of payment at the rate of 7% above current Repo-Rate and shall be capitalised monthly;
h. In the event that Mediation Zone is required to institute legal- or arbitration proceedings to recover any outstanding fees due in terms of this agreement, the party(ies) in default shall be liable for Mediation Zone ’s legal costs on the scale as between attorney and Mediation Zone.
5. Cancellation Fees in Case of Settlement or Postponement
In the case of settlement or postponement, the following cancellation fees shall apply:
a. Where a referral is settled, cancelled or withdrawn prior to the conciliation meeting, a cancellation fee equal to 50% of the total fee shall apply if the settlement, cancellation or withdrawal is reported to Mediation Zone more than ten (10) days prior to the scheduled conciliation meeting;
b. Where a referral is settled, cancelled or withdrawn prior to the conciliation meeting, a cancellation fee equal to 75% of the total fee shall apply if the settlement, cancellation or withdrawal is reported to Mediation Zone less than ten (10) days, but more than two (2) days prior to the scheduled conciliation meeting;
c. Where a referral is settled, cancelled or withdrawn prior to the conciliation meeting, a cancellation fee equal to 100% of the total fee shall apply if the settlement, cancellation or withdrawal is reported to Mediation Zone less than two (2) days prior to the scheduled conciliation meeting.
6. Consequences of Non-Payment
In the event of any monies not being paid to Mediation Zone, Mediation Zone may immediately and without any further notice to any party:
a. Suspend the rendering of any further services until such time as the full outstanding amount has been paid. This may include the postponement of scheduled events, and or withholding of the arbitrator’s award or the mediator’s certificate, where applicable; and or
b. Terminate this agreement and forfeit in favour of Mediation Zone any and all monies already due to Mediation Zone.
c. Subject to clause 7.a, the party referring the dispute to Mediation Zone (identified as “the Referring Party” in the Client Registration Form) is responsible for payment to Mediation Zone of all fees due in respect of this agreement.
d. The parties may agree that another party(ies) other than the Referring party should pay some or all of Mediation Zone ’s fees, and may request Mediation Zone to invoice the parties in accordance with such agreement.
e. Where Mediation Zone does invoice in accordance with such an agreement between the parties, it shall not in any way reduce or detract from the liability of the Referring Party in accordance with clause 7 above.
7. Joint and Several Liability
Where the Client Registration Form is signed by both parties, or the referral is made in terms of a pre-existing dispute settlement agreement between the parties:
a. The parties shall, despite the provisions of clause 5, be jointly and severally liable for the payment of all fees due in terms of this agreement;
b. Agree that all costs payable in terms of this agreement shall be costs in the cause, and shall, where an arbitrator is appointed, be subject to his discretion as to who will be liable for payment thereof.
8. Limitation of Liability for Dispute Process
Mediation Zone shall not be liable to any party for any act or omission relating to a dispute process conducted under its aegis by any of its employees, or by any dispute practitioner, and shall have no liability or responsibility towards the parties or to any dispute practitioner in respect of any dispute process commenced under the aegis of Mediation Zone, but not completed according to the Rules.
9. Courtesy Reminders
It is specifically recorded that Mediation Zone sends out reminders of pending procedural steps to parties as a courtesy to the parties, and not as a duty in terms of this agreement.
10. Dispute Practitioner Liability
A dispute practitioner appointed by Mediation Zone shall not be liable for any act or omission relating to any process in which she/he was the appointed officer, except for deliberate misconduct by him, and in which event she/he, and not Mediation Zone, shall be liable.
11. Entire Agreement
This document constitutes the entire agreement between the parties, and nothing at variance with the terms hereof shall be binding unless reduced to writing and signed by or on behalf of all the parties thereto.
12. Binding Acceptance
The terms of this agreement shall not become binding on Mediation Zone unless and until its authorised agent accepts the appointment in terms of this agreement in writing.