‘Confidential Information’ means all data and information relating to the product or products of the Supplier of HBN ENERGY (PTY) LTD as well as all data and information relating to the REPRESENTATIVES, including but not limited to, the following:
- Supplier Information which includes names of suppliers of HBN ENERGY (PTY) LTD, their representatives, all supplier contact information, contracts and their contents and parties, customer services, data provided by suppliers and the type, quantity and specifications of products and
- services purchased, leased, licensed or received by supplier of HBN ENERGY (PTY) LTD;
- ‘Intellectual Property’ which includes information relating to HBN ENERGY (PTY) LTD proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets);
- ‘Marketing and Development Information’ which includes marketing and development plans of HBN ENERGY (PTY) LTD, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of HBN ENERGY (PTY) LTD which have been or are being discussed;
- ‘Business Operations’ which includes internal personnel and financial information of HBN ENERGY (PTY) LTD, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by HBN ENERGY (PTY) LTD, and the manner and methods of conducting HBN ENERGY (PTY) LTD business;
- Confidential Information will also include any information that has been disclosed by a third party to HBN ENERGY (PTY) LTD and is protected by a non-disclosure agreement entered into between the third party and HBN ENERGY (PTY) LTD.
- The CLIENT agrees to retain all Confidential Information at their usual place of business and to store all Confidential Information separate from other information and documents held in the same location. Further, the Confidential Information may not be used, reproduced, transformed, or stored on a computer or device that is accessible to persons to whom disclosure may not be made, as set out in this Agreement.
- The CLIENT will not in any way or form contact the supplier of HBN ENERGY (PTY) LTD as stated above.
- The CLIENT will not in any way or form disclose any information regarding the supplier to any 3rd party ( whether it be by business association, employees, friends and family)
- The client will not conduct any direct business with the supplier of HBN ENERGY (PTY) LTD.
- All purchase orders with regards to the above products and services will be done solely through HBN ENERGY (PTY) LTD stated above.
- Any loss and expenditure that might occur or arise due to the breach of this agreement, whether it be financially, legally or otherwise will be at the cost of the CLIENT.
- The CLIENT will treat all information as confidential, the information can be in any form i.e. ( verbally, written, stored on any computer or storage devices, or on any social media or communication platform)
- The CLIENT will not in any way interrogate or intimidate any driver or staff member that HBN ENERGY (PTY) LTD act on behalf of.
- HBN ENERGY (PTY) LTD mentioned above will not be held liable in any way or form by the CLIENT for any loss or damage to person, property and/or any other assets that might belong to the client (i.e. Financially, structurally or personally but not limited to the aforementioned).
- The CLIENT acknowledges and accepts that this non-disclosure agreement as well as terms and conditions set out herein apply indefinitely.
- The CLIENT acknowledges and agrees to the above non-disclosure agreement and terms & conditions.
- The client (Debtor) agrees to make payment in full to the Creditor (HBN ENERGY (PTY) LTD.) bank account which must reflect as an immediate (same day) payment before any goods are released/offloaded (i.e. PREMIUM 50PP DIESEL FUEL)
- The client (Debtor) remains liable for any outstanding payments/funds due to HBN ENERGY (PTY) LTD. And its supplier.
- The client (Debtor) will submit proof/confirmation of payment to HBN ENERGY (PTY) LTD. Before any goods and services are provided/released.
- Failure to make payment will result in a litigation process being instituted against the client (Debtor) by HBN ENERGY (PTY) LTD. And its supplier. The client will also remain responsible and liable for all cost and damages (i.e. legal, financial etc. but not limited to.) that may arise due to non-payment.
- Any outstanding funds or money due to the creditor (HBN ENERGY (PTY) LTD.) and its supplier will be recovered in full from the client (i.e. its organization/business, responsible persons, company assets and personal assets.)
- The Debtor agrees to repay the outstanding debt amount. Should the Debtor fail to honour the terms of this agreement by not making payment on the due date/s, the full balance of the outstanding debt amount, as well as all legal costs becomes due and payable.
- The Creditor will then proceed to demand immediate payment of the full balance of the outstanding debt amount, and legal costs.
- Should the Debtor fail to make immediate payment of the full balance of the outstanding debt amount, the Creditor will proceed to apply for judgement in the relevant Magistrate’s Court.
- The Debtor consents to judgement in favor of the Creditor, for the outstanding amount including all legal costs. (S57 or S58 of the Magistrate’s Court Act 32 of 1944)
- This document represents the entire agreement between the Creditor and the Debtor.
- No changes in the terms, or obligation in terms of agreement (novation) or cancellation will have any effect, unless made in writing and signed by both the Creditor and the Debtor.
- All correspondence and legal notices will be served at the address nominated by the Creditor and the Debtor, as domicilium citandi et executandi.
- The Debtor abandons the benefits of legal exception of no value received, revision of account, mistakes in calculation of the outstanding amount, and no reason for obligation to repay the outstanding amount.
- The Debtor agrees that he/she was fully aware of and understood all the terms and conditions set out in this acknowledgement that, at its commencement.
- The CLIENT agrees that HBN ENERGY (PTY) LTD. will not be held liable or responsible for any loss, theft or damage to, the CLIENT, and the general public’s, property, business, assets or persons (i.e. financially, legally, goods, fuel supply, trucks, tankers, and drivers etc.)
- The supply and delivery of the 50PP diesel will remain solely the responsibility of the supplier of HBN ENERGY (PTY) LTD.
- In the event of any loss or non-delivery of the 50PP diesel to the CLIENT, it will remain the responsibility of the SUPPLIER of HBN ENERGY (PTY) LTD.
- The CLIENT will not hold HBN ENERGY (PTY) LTD. responsible for any loss, theft or damage caused to it (i.e. financially, legally, goods, fuel supply, trucks, tankers, and drivers etc. but not limited to.)
- The client has read, acknowledged and accepts the above terms and conditions when doing business with HBN ENERGY (PTY) LTD.
