Terms and conditions

  • 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 Evergration CC, trading as Apostil.co.za, registration number 2010/117569/23, 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.
  1. 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.
  1. 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:
  • all of which can be obtained by request from the Information Officer at officer@apostil.co.za 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.

12. Website Consumer Protection Disclosure – 23/05/2025

Download CPA Disclosure
Scroll to Top