Terms of Service

By using the website and engaging Apostil.co.za to provide the Services (as defined  below), you irrevocably and immediately bind yourself to these Terms which form the  contract between you as the Client and Apostil.co.za as the service provider. If you do  not agree to these Terms, you must cease use of the website and/or Services immediately. 

1. DEFINITIONS AND INTERPRETATION 

  • 1.1.The clause headings in this document have been inserted for convenience only  and not for interpretation purposes. 
  • 1.2.Hyperlinks herein to policies or other legal documents serve to incorporate such  documents by reference as part of these Terms.  
  • 1.3.Reference herein to the singular includes the plural and vice versa. 
  • 1.4.The following defined terms shall, wherever used in these Terms, bear the  corresponding meaning ascribed to them:-
    • 1.4.1. “Client” means any person and/or entity that makes use of the Apostil.co.za  website and/or the Services which are provided by Apostil.co.za in  accordance with the Terms. 
    • 1.4.2. “ECT Act” means the Electronic Communications and Transactions Act, No.  25 of 2002; 
    • 1.4.3. “Apostil.co.za” means Apostil Co Za (Pty) Ltd, a private company  incorporated in terms of the laws of the Republic of South Africa, with  registration number: 2025/867508/07, trading as Apostil.co.za and including its employees, sub-contractors, subsidiaries and any affiliated companies  and agents; 
    • 1.4.4. “Personal Information” has the meaning as defined in POPIA; 1.4.5. “POPIA” means the Protection of Personal Information Act, 4 of 2013; 
    • 1.4.6. “Privacy Policy” means Apostil.co.za’s privacy policy including any  annexures thereto (as amended from time to time), published by  Apostil.co.za and kept at its registered place of business, a copy of which  can be accessed at: apostil.co.za/privacy-policy and apostil.co.za/paia. 
    • 1.4.7. “Process/ing” has the meaning as defined in POPIA;
    • 1.4.8. “Services” means liaison and intermediary services offered and provided by  Apostil.co.za in respect of documentation required by Clients including but  not limited to visas and “citizenship by investment” applications, apostilles,  notarisations, authentications and various certifications of documents in the  Republic of South Africa, obtaining police clearances, birth, marriage and  death certificates and letters of no impediment as well as divorce decrees,  and any other services provided to Clients by Apostil.co.za from time to  time; 
    • 1.4.9. “Terms” means these terms of service, as amended by Apostil.co.za from  time to time, together with any annexures thereto. 
  • 1.5.Any reference to legislation in these Terms will mean the legislation, including  regulations, as amended and replaced from time to time. 
  • 1.6.The Client and Apostil.co.za are each a party to this contract and reference to  “Parties” in these Terms is reference to them. 

2. COMMENCEMENT AND DURATION 

  • 2.1.These Terms will govern the relationship between the Parties for the full duration  of the relationship which commences when you use our website and terminates  once all rights and obligations of both Parties have been fulfilled under any  engagement for Services. 
  • 2.2.These Terms may be updated and amended by Apostil.co.za and such  amendment will take effect on publication of such updated Terms on the  Apostil.co.za website. The Client’s consent will not be required for such  amendments. 

3. LAWFUL PROCESSING OF PERSONAL INFORMATION AND PRIVACY 

  • 3.1.The Client understands and consents to Apostil.co.za Processing the Client’s  Personal Information, for the purposes of:-
    • 3.1.1. onboarding the Client as a client of Apostil.co.za and marketing and  supplying the Services to the Client in accordance with these Terms; 
    • 3.1.2. providing the Services and enabling Apostil.co.za to account to the Client in  respect of those Services supplied; 
    • 3.1.3. enabling Apostil.co.za to communicate with the Client in accordance with  the Client’s enquiries and the Services; 
    • 3.1.4. complying with any legal obligation under applicable law, including but not  limited to, the Financial Intelligence Centre Act, 38 of 2001, the Value-Added  Tax Act, 89 of 1991 and the Income Tax Act, 58 of 1962; and/or 
    • 3.1.5. such other purposes as further detailed in the Privacy Policy and in this  regard, the Clients continued use of the website and/or Services shall  constitute its express consent for the collection and Processing of Personal  Information by Apostil.co.za or by a third party on its behalf, and which may  include the transfer of such Personal Information to any third parties that  are required by Apostil.co.za to provide the Services and/or marketing of the  Services as its agents. Furthermore, the Client agrees to the terms in the  Privacy Policy. 
  • 3.2.Apostil.co.za undertakes and the Client understands that Apostil.co.za will not  disclose, disseminate or transfer the Client’s Personal Information to any other  person, without the Client’s prior written consent, except as provided for in  accordance with these Terms. 
  • 3.3.Apostil.co.za will comply with the POPIA in Processing the Client’s Personal  Information. 
  • 3.4.Should the Client’s Personal Information change, the Client shall advise  Apostil.co.za of such changes as soon as reasonably practicable. The Client is  entitled to request a copy of all Personal Information on file with Apostil.co.za,  request updates to such Personal Information if changes aren’t reflected as yet  and request the deletion of Personal Information: Provided that deletion of  Personal Information may result in the immediate termination of the Services by  Apostil.co.za. 
  • 3.5.Personal Information may be, at Apostil.co.za’s sole election, collected either  electronically through the use of data collection units (“Cookies”), alternatively  may be provided voluntarily by the Client. 
  • 3.6.By using the Services, the Client hereby consents to the collection, use and  storage of Personal Information. 
  • 3.7.The Client further warrants that the Personal Information provided to Apostil.co.za  is up to date and accurate. 
  • 3.8.Apostil.co.za may collect, maintain, save, compile, modify, destroy, de identify,  and disclose any Personal Information collected from Clients, provided that:-
    • 3.8.1. Apostil.co.za shall not disclose Personal Information without the Client’s  consent, unless required to do so in accordance with these Terms; 
    • 3.8.2. Apostil.co.za shall retain records of Personal Information and any other  Client information obtained as part of the Services for as long as it is required  to do so in terms of any applicable laws, and for Apostil.co.za’s lawful  purposes. Personal Information that has been collected will form part of a  data bank that Apostil.co.za shall maintain according to any applicable  laws; and 
    • 3.8.3. Apostil.co.za shall take all reasonable steps as required under the POPIA  to secure the content of the Personal Information and other Client  information provided by, and collected from Clients, from any unauthorised  access and/or unlawful disclosure. However, Apostil.co.za does not make  any warranties or representations that such information shall be safe and/or  secure from any and all threats, which the Client acknowledges and  understands. 
  • 3.9.The Client’s attention is also drawn to Apostil.co.za’s:-
    • 3.9.1. Privacy Policy; and 
    • 3.9.2. Consumer Protection Act Disclosure Document;  
    • 3.9.3. PAIA Manual, 
    • all of which can be obtained by request from the Information Officer at  [email protected] and the terms of which are incorporated herein and form  part of these Terms. Any conflict between these Terms and the Privacy Policy  and/or terms of the PAIA Manual, will be resolved by the terms of the Privacy  Policy and PAIA Manual taking precedence to the extent of such a conflict. 

4. USE OF APOSTIL.CO.ZA’S SERVICES 

  • 4.1.The Services offered by Apostil.co.za are to assist on behalf of the Client to have  the Client’s documents certified, notarized, collected and/or otherwise  authenticated. Apostil.co.za does not perform the authentication, notarization or  certification of documents itself, but assists Clients to procure such services from  third party agents. Apostil.co.za does not provide legal advice nor represent  Clients in legal proceedings. 

Estimated Timelines 

  • 4.2.Apostil.co.za is subjected to the decision-making, output, timelines and  proficiency of the government departments and third-party agents to which it sub-
    • contracts the Services and consequently, Apostil.co.za cannot guarantee a  specific outcome or adherence to the estimated timelines. 
  • 4.3.Any time estimation provided by Apostil.co.za is an estimate only and  Apostil.co.za shall not incur liability of whatsoever nature should a Service not be  completed within the estimated timeline for processing.  
  • 4.4.In the event that a Service takes longer than originally estimated there will be no  refund offered and the Client acknowledges that Apostil.co.za will incur no liability  of whatsoever nature as the estimate provided is merely a guideline based on  previous experience in dealing with similar applications or requests. 

Documentation and information to be provided by the Client 

  • 4.5.It is the responsibility of the Client to determine which documents are needed and  what type of authentication and/or legalisation is required by the Client. Apostil.co.za is not an official advisory body and shall incur no liability of  whatsoever nature in the event of the Client requesting the wrong documentation  for its purposes or from problems arising due to the incorrect information or  documents being supplied by the Client in respect of any application. 
  • 4.6.All documentation supplied to Apostil.co.za by the Client must be sent via a courier to the address provided by Apostil.co.za for that particular type of request. Under  no circumstances should the Client send documentation by ordinary mail as South  African postal services are completely unreliable and Apostil.co.za does not  collect documentation at post offices.  
  • 4.7.Apostil.co.za will not incur liability of whatsoever nature for any loss arising from  or in connection with the posting, couriering and/or transportation of the Client’s  documents to the address/es provided by Apostil.co.za. While Apostil.co.za has  one or more preferred service providers for the courier of documents by Clients,  it will not be held liable for the performance of such courier/s. 

Errors in Documents received 

  • 4.8.Apostil.co.za provides a liaison service only and does not guarantee the outcome  of the applications or requests for documentation. Apostil.co.za will incur no  liability of whatsoever nature should there be any error contained within a  document requested by the Client in accordance with the Services. It is not  uncommon for documents to have errors contained therein as government  departments and other third parties may make errors in processing the request or  application. Apostil.co.za will incur no liability of whatsoever nature for any delays  or additional costs incurred as a result of such errors.
  • 4.9.There will be no refund offered in the event of an error having occurred and  Apostil.co.za will be entitled to charge the Client an additional fee to have the  documents corrected. 
  • 4.10.Should a document be unobtainable or the Client is denied the document by a  government department or third party, the Client remains liable for the fee  charged by Apostil.co.za and for the use of the Services in attempting to obtain  same. Apostil.co.za will incur no liability of whatsoever nature for the outcome of  an application for documentation and no refund will be paid. 

5. LIMITATION OF LIABILITY AND INDEMNIFICATION 

  • 5.1.To the extent permitted by law, Apostil.co.za shall incur no liability in respect of  the non-delivery or late delivery of any Service ordered by the Client nor in respect  of the Client’s inability to use the website. 
  • 5.2.Neither Party shall be liable for any failure to fulfil its obligations under this  Agreement if and to the extent such failure is caused by any circumstances  beyond its reasonable control, including but not limited to an act of God or state  of war (whether declared or not) or sabotage, fire, flood, riot, strike, lock out or  delays due to third party operations affecting the performance of such Party’s  obligations in terms of this Agreement (“Force Majeure Event”). 
  • 5.3.Should either Party be unable to fulfil a material part of its obligations under this  Agreement for a period in excess of 90 (ninety) days due to a Force Majeure  Event, then either Party may cancel the Services and in that event neither Party shall have the right to claim any damages or losses from the other Party. 
  • 5.4.Apostil.co.za is not liable for any damage, harm, injury or loss to any person or  property arising from the use of the Services. 
  • 5.5.Under no circumstances will Apostil.co.za be liable to the Client, or any third party,  for any special, indirect or consequential damages of any nature whatsoever and  howsoever arising. 

6. INTELLECTUAL PROPERTY 

  • 6.1.Apostil.co.za owners all intellectual property in the website, the content published  on the website and the Client is prohibited from using the website for any purposes  other than exploring and obtaining the Services. The Client is prohibited from  copying any content from the website, using the Apostil.co.za branding or  replicating the services offered by Apostil.co.za for its own profit.
  • 6.2.All trade secrets, know-how, processes and any other intellectual property owned  by Apostil.co.za at the time of entering into these Terms will remain the exclusive  intellectual property of Apostil.co.za, and the Client agrees not to use any  knowledge gained from its use of the Services for any commercial use  whatsoever. 

7. ENTIRE AGREEMENT AND SEVERABILITY 

  • 7.1.These Terms constitute the entire agreement between Apostil.co.za and the  Client and shall take precedence over any other agreements, disclaimers and/or  legal notices attached to any communications and/or postings received by  Apostil.co.za from the Client. 
  • 7.2.No variation or waiver of any of these Terms will be binding or effectual for any  purpose unless expressed in writing by a duly authorised representative of  Apostil.co.za, and any such waiver or variation will be effective only in the specific  instance and for the purpose given. 
  • 7.3.Any failure by Apostil.co.za to exercise or enforce any right or provision shall in  no way constitute a waiver of such right or provision. 
  • 7.4.In the event that any term or condition detailed herein is found unenforceable or  invalid for any reason, such term(s) or condition(s) shall be severable from the  remaining terms and conditions. The remaining terms and conditions shall remain  enforceable and applicable. 

8. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT  

  • 8.1.The Client and Apostil.co.za agree that:-
    • 8.1.1. The Client shall be bound to these Terms for so long as it makes use of the  website and/or the Services, and such agreement is concluded in  Johannesburg (South Africa) at the time the Client accesses the website of  Apostil.co.za or engages in the procurement of Apostil.co.za’s Services; 
    • 8.1.2. The Client agrees and warrants that data messages as defined in the ECT  Act addressed by the Client to Apostil.co.za shall only be deemed to have  been received if and when responded to by Apostil.co.za; 
    • 8.1.3. Electronic signatures, encryption and/or authentication shall not be required  for valid electronic communications between the Client and Apostil.co.za;
    • 8.1.4. data messages that are sent to Apostil.co.za from a computer, IP address  or mobile device normally used by or owned by the Client, shall be deemed  to have been sent and/or authorised by the Client personally; and 
    • 8.1.5. an email sent to the Client by Apostil.co.za, shall be deemed to have been  received by the Client 1 Business Day after sending. 

9. APPLICABLE GOVERNING LAW 

The Services are controlled and operated within the Republic of South Africa and  therefore, subject to the remainder of these Terms, South African law governs the use of  the Services. 

10.LEGAL COSTS 

Apostil.co.za, its agents and suppliers, shall not be liable for costs incurred by Clients to  obtain professional advice relating to these Terms or the Services or the enforcement of  any right the Client may have under applicable law. 

11.GENERAL 

  • 11.1.The Parties shall at all times owe each other a duty of good faith. 
  • 11.2.The Parties hereby consent to the jurisdiction of the Magistrates Court in respect  of any legal proceedings arising out of or in connection with these Terms. 
  • 11.3.When any number of days is prescribed in these Terms, same shall be reckoned  exclusively of the first and inclusively of the last day, unless the last day falls on  a day which is not a Business Day, in which case the last day shall be the next  succeeding Business Day. 
  • 11.4.The rule of construction that an agreement shall be interpreted against the Party  responsible for the drafting or preparation of the agreement, shall not apply. 
  • 11.5.Each Party respectively agrees and acknowledges that:-
    • 11.5.1. it has been free to secure independent legal advice as to the nature and  effect of each provision of these Terms and that it has either taken such  independent legal advice or has dispensed with the necessity of doing so;  and 
    • 11.5.2. each provision of these Terms is fair and reasonable in all the  circumstances and is part of the overall intention of the Parties in  connection with these Terms.