HOWDY TERMS AND CONDITIONS
The access to and continued use of the Howdy website at the domain name www.Howdy.co.za and (the “Site”) constitutes your acceptance of and compliance with the following provisions contained herein. You must familiarize yourself these provisions and if you do not agree with it, you should immediately discontinue the use of this Site. The last revision date for these terms and conditions is set forth below. Howdy reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site and it is your obligation to periodically check these terms and conditions at the Site for changes and updates. Your continued use of the Site following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.GENERAL
1. Howdy is a network marketing referral platform which enables people (hereinafter referred to as Crew) to refer leads to member suppliers in order to earn commission on the successful conclusion of the sale. Such commission (as offered by each individual member Supplier) will be split between the referring Crew member and their 1 upper level.
2. Supplier refers to a business that provides a service or a product, or range of products.
3. The Howdy terminology with regards Howdy members is as follows:
Crew: members signed up to make referrals via the system.
Suppliers: member provide service to the referrals.
4. You will earn commission on your own referrals , as well as 5% of the commision for anyone you referr to the system.
5. PLUS – Get recommended Suppliers to join – and earn a 5% overriding commission on all Howdy leads that convert into sales for this supplier!
6. Process agreement and elaboration:
6.1. At first month end after a referral is changed to “Sold” status by the supplier and a value is added the Supplier will be invoiced by Howdy;
6.2. The supplier must make payment on such invoices within 7 days of receipt thereof or face immediate suspension.
6.3. At the following month end Howdy is paid providing monies have been received by the supplier.
6.4. Suppliers are required to respond to each and every lead within 24 hours. In a case where a supplier is not interested in a lead the lead status must be updated accordingly and the status changed within this time frame.
6.5. Suppliers undertake to change the status of successful leads within 24 hours of a sale being concluded and adding the value of the sale and the commission due amount.
6.6. Failing to adhere to the above can lead to suppliers being suspended and added to the list of non performing suppliers as listed on the www.Howdy.co.za website.
6.7. Suppliers undertake to provide a professional and efficient service at all times.
6.8. Suppliers indemnify the crew and Howdy of any liability associated with the referral being made and take full responsibility of referrals as a normal course of action as they generally would with any other potential client.
6.9. Suppliers are entitled to sign up as Crew members as well, with the purpose of providing referrals to other member Suppliers. They can also recruit their own team of Crew members.
6.10. Howdy is allowed to use the Website to add referrals for suppliers;
6.11. Howdy will only provide true, legitimate and accurate information when setting up a referral;
6.12. Howdy will receive agreed commission on a successful referral. A referral is only considered successful once it has generated into a sale;
6.13. Howdy reserves the right to remove any crew member or supplier from the website at any time in the event of unethical or dishonest practices.
6.14. The Crew will only earn commission in accordance with the agreement with suppliers and such commission is only payable once the funds have been received by Howdy.
6.15. In cases where Suppliers renege on commissions or payment, Howdy have the right to suspend the supplier immediately. In such cases Howdy cannot be held responsible for commission payments to the crew.
6.16. It is expressly understood that each supplier and each sector has its own custom commission percentage which can vary from time to time and should be stipulated and displayed on the suppliers profile within the platform. If a supplier changes the commission amount a 30 day notice period must be given and in such instance all open leads will be concluded on the original amount.
6.17. In the case of duplicate referrals made on the platform the one with the earliest log date will remain with the latter one/s being deleted.
6.18. Commission split for a successful referral will be as follows: (as received from the supplier)
6.18.1. 70% for the crew member making the referral;
6.18.2. 5% for the crew member’s sponsor;
6.18.3. 20% to Howdy. (The Company.)
6.18.4. 5% to the Crew member that brought the Supplier onboard.
7. Reserved Rights and Grant of Limited Licence – Howdy owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site ( the “Information”). You are granted a limited license to access and to use short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. Howdy will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.
8. Howdy reserves the right to terminate the permission or license granted by it in terms hereof and/or to restrict the use of and access to the Site.
9. Solicitation – No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
10. Endorsement – The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Howdy, and Howdy does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, Howdy is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
11. A link to another site should not be construed to mean that Howdy is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
12. The mention of another party or its product or service on the Site should not be construed as an endorsement by Howdy of that party or its product or service.
13. Advice or Warranties – The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the Site without seeking the advice of a professional. Howdy is not responsible for any content or information that you may find undesirable or objectionable.
14. Liability – Howdy will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
15. Trademarks – Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Howdy or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by Howdy or other entities for use thereof.
16. Confidentiality – Howdy may need to provide, collect, use, store or process Personal Information. You hereby authorise such collection, use, storage and processing where the need arises.
17. Howdy shall only provide, collect, use, store or process Personal Information:
17.1. in compliance with the South Africa Protection of Personal Information Act ( POPI);
17.2. as is necessary for the purposes of this agreement; and
17.3. in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
18. Howdy shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
19. Howdy shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy as may be notified to the Customer from time to time, as such document may be amended by Howdy in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for Howdy to use reasonable commercial endeavours to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by Howdy in accordance with the archiving procedure described in its Back-Up Policy. Howdy shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by Howdy to perform services related to Customer Data maintenance and back- up).
20. Howdy shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by Howdy in its sole discretion.
21. If Howdy processes any personal data on your behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
22. The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to Howdy so that Howdy may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
23. the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
24. Howdy shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
25. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
26. Computer Viruses – Every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
27. Conformance with Law – Your use of the Site shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
28. Applicable Law – The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
29. Disclaimer of Warranties and Limitation of Liability – Howdy makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. You agree that the use of this Site is at your sole risk. You should not assume that the Site will be error-free or that the Site will operate without interruption. Howdy does not warrant that this Site, its servers, or e-mails sent from it are free of viruses or other harmful code. Howdy will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.
30. System Security – Howdy is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.
31. Transaction limits – Howdy may need to impose certain transaction limits due to varying credit card levies imposed by the banking and credit card industry.
32. Payment Errors – Should you pay an incorrect amount or entity using to the Site, Howdy has no obligation whatsoever to rectify this error, or to assist you in any way in rectifying such error.
33. Service Fee – The payment service made available through usage of the Site is offered to you free of charge. Howdy does not warrant the availability of the Site or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.BY REGISTERING ON THIS SITE AND / OR USING ANY SERVICES OFFERED ON THIS SITE YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.