Terms and Conditions Of Service

Overview

These Terms and Conditions (“Terms”) apply to all services provided by FLCC Solutions and govern the relationship between FLCC Solutions (“the Company”, “we”, “us”, or “our”) and its clients, employees, and third-party partners (“you” or “your”). By engaging with FLCC Solutions for any services, you agree to comply with and be bound by these Terms.

Policy Review and Compliance

Our policies will be reviewed regularly to ensure their relevance and effectiveness in meeting company needs, regulatory compliance, and current safety standards. Any changes, adjustments, or updates to these policies will be communicated promptly to all employees, clients, and third parties involved. It is the responsibility of all parties to stay informed of any updates or changes.

  1. Overview
  2. Policy Review and Compliance
  3. Role and Scope of FLCC Solutions
    1. Mediation Role
    2. Route Ownership
    3. Client Engagement
  4. Required Documentation
    1. Fleet List
    2. Truck Pack Documentation
    3. Identification Documentation
    4. Letter of Good Standing (SARS)
    5. Company Registration Documents (CIPC)
    6. GIT Insurance Confirmation
    7. Bank Letter
    8. SARS Tax Clearance
    9. VAT Certificate (if applicable)
    10. B-BBEE Certificate
    11. Proof of Payment
    12. Proof of Product
    13. Payment Guarantee
    14. Off-Take Agreement
    15. Commitment Letter
  5. Payment Terms
    1. Invoices
    2. Late Payments
    3. Currency
  6. Confidentiality and Data Protection
  7. Liability and Indemnity
    1. Limitation of Liability
    2. Indemnity
  8. Force Majeure
  9. Termination
    1. Termination by FLCC Solutions
    2. Termination by Client
    3. Dispute Resolution
  10. Governing Law
  11. Changes to Terms and Conditions

Role and Scope of FLCC Solutions

Mediation Role

Please note that FLCC Solutions is not the contract holder of some of the routes. We primarily act as an intermediary or mediator between clients and service providers. While we do own a few routes, our primary role is to scout and secure work for our clients.

Route Ownership

For routes that we do own, we assume full responsibility for the management, maintenance, and operational aspects of those routes.

Client Engagement

We facilitate and support our clients by securing work opportunities that align with their business needs. However, the ultimate contractual relationship between clients and service providers rests with the respective entities involved.

Required Documentation

To ensure smooth and efficient service delivery, the following documents may be requested in any application process. These documents must be provided if requested and are necessary to proceed with services:

Fleet List

A detailed list of your fleet, including type, age, and condition of vehicles.

Truck Pack Documentation

Documentation outlining the specifications and capabilities of your vehicles.

Identification Documentation

Copies of ID documents for company directors or owners.

Letter of Good Standing (SARS)

A valid letter confirming your status with the South African Revenue Service (SARS), particularly for compensation fund compliance.

Company Registration Documents (CIPC)

Proof of company registration with the Companies and Intellectual Property Commission.

GIT Insurance Confirmation

A monthly update confirming Goods in Transit (GIT) insurance.

Bank Letter

A letter from your bank confirming the account details used for payments.

SARS Tax Clearance

Proof of tax compliance.

VAT Certificate (if applicable)

A valid VAT certificate.

B-BBEE Certificate

Proof of your Broad-Based Black Economic Empowerment certification.

Proof of Payment

Documentation confirming payment of outstanding fees or deposits.

Proof of Product

Verification that the products involved in the transaction meet quality standards.

Payment Guarantee

A guarantee that payments will be made as per the agreed terms.

Off-Take Agreement

A formal agreement stating the terms of purchase and commitment between parties.

Commitment Letter

A signed commitment letter confirming your dedication to the partnership or transaction.

Payment Terms

Invoices

All invoices will be issued promptly and must be settled by the due date stated on the invoice.

Late Payments

Any payments not received by the due date will be subject to interest charges as specified in the contractual agreement, along with possible penalties for non-compliance.

Currency

All payments must be made in South African Rand (ZAR) unless otherwise agreed.

Confidentiality and Data Protection

Both parties agree to treat all information shared during the course of business as confidential and will not disclose any sensitive or proprietary information to third parties without written consent, unless required by law. All data handling will comply with applicable data protection laws, including the Protection of Personal Information Act (POPIA) in South Africa.

Liability and Indemnity

Limitation of Liability

FLCC Solutions will not be held liable for any indirect, consequential, or incidental damages arising from the use of our services or products.

Indemnity

You agree to indemnify and hold harmless FLCC Solutions, its officers, directors, employees, and affiliates from any and all claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of our services or products.

Force Majeure

FLCC Solutions will not be held liable for failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, government regulations, war, natural disasters, or labor disputes.

Termination

Termination by FLCC Solutions

FLCC Solutions reserves the right to terminate any agreements or suspend services if there is a breach of these Terms, including non-payment, failure to provide required documentation, or failure to comply with any applicable laws and regulations.

Termination by Client

Clients may terminate services in writing, subject to any applicable cancellation fees or notice periods as outlined in the contractual agreement.

Dispute Resolution

Any disputes arising from these Terms or in connection with any service provided by FLCC Solutions will be resolved in accordance with the laws of South Africa. Both parties agree to seek resolution through good-faith negotiation before escalating to arbitration or litigation.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the courts of South Africa.

Changes to Terms and Conditions

FLCC Solutions reserves the right to modify or update these Terms at any time. Any such changes will be communicated to clients, employees, and third parties, and will take effect upon posting on our website or distribution via other communication channels. It is the responsibility of all parties to review the Terms periodically.