Terms & Conditions

These Terms and Conditions govern the use of the website of the Debt Mediation Association of South Africa NPC (“DEMASA”), applications for DEMASA accreditation and membership, payments made to DEMASA, and the rights and obligations attaching to DEMASA accreditation.

By using this website, submitting an application for accreditation, accepting accreditation, or making payment to DEMASA, you acknowledge that you have read, understood and agreed to these Terms and Conditions.

These Terms must be read together with DEMASA’s:

• Code of Conduct;
• Privacy Policy;
• Refund and Cancellation Policy;
• Compliance and Enforcement Framework; and
• any standards, rules or accreditation requirements applicable to DEMASA members.

DEMASA is a South African non-profit industry body established to promote ethical, transparent and compliant standards within the debt mediation industry.

DEMASA provides accreditation, compliance oversight, industry standards, consumer protection mechanisms and related services to qualifying debt mediation providers.

DEMASA membership constitutes formal accreditation. Accreditation is available only to applicants that meet DEMASA’s applicable eligibility, documentation, operational and compliance requirements.

Submission of an application does not guarantee accreditation.

DEMASA may verify information and documentation supplied by an applicant and may request additional information reasonably required to complete an accreditation or compliance assessment.

The accreditation process generally consists of:

• submission of the online application;
• submission of the required supporting documentation;
• compliance review by DEMASA;
• consideration and approval or rejection of the application;
• invoicing following approval; and
• activation of accreditation once payment has been confirmed.

No application fee or annual accreditation fee is payable merely for submitting an online application unless DEMASA expressly states otherwise. Payment becomes due following approval and invoicing.

Applicants and members may be required to demonstrate compliance with DEMASA’s requirements, including, where applicable:

• registration as an appropriate legal entity;
• use of an approved attorney trust account arrangement;
• appropriate client management and record-keeping systems;
• compliant consumer documentation;
• transparent fee arrangements;
• appropriate creditor and account verification procedures;
• compliance with POPIA and other applicable legislation;
• appointment of an Information Officer where required;
• acceptance of the DEMASA Code of Conduct; and
• any additional standards reasonably adopted by DEMASA.

DEMASA may amend its accreditation standards from time to time where reasonably necessary to promote compliance, consumer protection and the integrity of the accreditation.

DEMASA currently provides the following Provider Accreditation categories:

DEMASA may amend its fees from time to time. Any amended renewal fee will be communicated to affected members before renewal.

Unless expressly stated otherwise, all amounts are quoted in South African Rand (ZAR).

Payments may be made using the payment methods made available by DEMASA from time to time. Online payments may be processed through PayFast or another authorised payment service provider.

DEMASA does not ordinarily receive or store a member’s complete payment-card details when payment is processed by an independent payment service provider. Payment information is processed in accordance with the security and privacy arrangements applicable to that provider.

Payment confirmation is subject to successful authorisation and settlement.

Accreditation becomes active only once:

• the application has been approved;
• all applicable requirements have been satisfied;
• payment has been received and confirmed; and
• DEMASA has activated the membership.

Once activated, an accredited provider may receive applicable accreditation benefits, which may include:

• an Accreditation Certificate;
• a unique DEMASA membership/provider number;
• an Authorised Provider Badge;
• listing on the DEMASA Public Register;
• access to applicable consumer leads;
• industry representation; and
• participation in DEMASA’s annual compliance and renewal framework.

Unless otherwise stated in writing, accreditation is granted for a 12-month period from its effective date.

Membership is subject to annual renewal and may require renewed compliance declarations, supporting documents or verification. Renewal is not automatic unless expressly agreed.

Continued accreditation remains subject to compliance with DEMASA’s requirements and Code of Conduct.

A member may voluntarily cancel its accreditation by providing DEMASA with one full calendar month’s written notice.

Notice must be sent to the official DEMASA membership or compliance contact published on the website. The effective cancellation date will be determined after expiry of the applicable notice period.

Refunds, where applicable, are calculated in accordance with the DEMASA Refund and Cancellation Policy.

When accreditation ends, the former member must immediately cease representing itself as an active DEMASA-accredited provider.

The member must cease using DEMASA accreditation material, including:

• the DEMASA Authorised Provider Badge;
• Accreditation Certificate;
• membership/provider number as evidence of current accreditation;
• DEMASA logos where their use implies current accreditation; and
• statements claiming or implying active DEMASA accreditation.

DEMASA may amend the member’s status on its Public Register accordingly.

Membership and accreditation are conditional upon ongoing compliance.

DEMASA may investigate alleged breaches and impose measures permitted by its Code of Conduct or Compliance and Enforcement Framework, which may include:

• written warnings;
• corrective instructions;
• probation;
• fines where permitted;
• suspension; or
• termination of accreditation.

Where membership is terminated because of misconduct, material non-compliance, consumer harm, fraud, misrepresentation, breach of the Code of Conduct or another material breach attributable to the member, no pro-rata refund of the annual accreditation fee will ordinarily be payable. This does not affect any rights that cannot lawfully be excluded.

Accreditation may not be transferred, sold, assigned or represented as belonging to another entity.

Members may use DEMASA accreditation marks only while their accreditation is active and in accordance with DEMASA’s branding and accreditation rules.

Members may not represent DEMASA accreditation as a guarantee of a particular consumer outcome or as government or statutory approval.

DEMASA endeavours to ensure that information published on its website is accurate and current.

Industry, legal, compliance and regulatory information may change. Website information is provided for general informational and industry purposes and does not constitute legal, financial or debt-counselling advice.

Users and members remain responsible for obtaining appropriate professional advice where required.

Where DEMASA facilitates contact between a consumer and an accredited provider, DEMASA acts as an industry body and referral facilitator.

Unless expressly stated otherwise, DEMASA is not a party to the agreement subsequently entered into between the consumer and the accredited provider.

Accredited providers remain independently responsible for their advice, services, representations, documentation, fees and legal compliance.

All DEMASA website content, accreditation material, trademarks, logos, badges, documents, standards and other intellectual property belong to DEMASA or their respective lawful owners.

No person may reproduce, modify, distribute or commercially exploit DEMASA intellectual property without permission, except where use is expressly authorised as part of active accreditation.

Personal information is processed in accordance with DEMASA’s Privacy Policy and applicable South African data-protection legislation.

By submitting information to DEMASA, applicants acknowledge that information reasonably necessary for accreditation, verification, compliance monitoring, complaints handling and membership administration may be processed for those purposes.

To the fullest extent permitted by applicable law, DEMASA will not be liable for indirect, incidental, special or consequential losses arising solely from use of the website or participation in DEMASA accreditation.

Nothing in these Terms excludes or limits liability where such exclusion is prohibited by South African law.

These Terms are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with in accordance with applicable South African law and any applicable DEMASA dispute-resolution procedure.

DEMASA may amend these Terms where reasonably necessary to reflect changes in legislation, accreditation requirements, payment arrangements or DEMASA standards.

Material amendments affecting existing members will be communicated or published appropriately.

Questions concerning accreditation, these Terms or DEMASA’s compliance requirements may be directed to the Debt Mediation Association of South Africa NPC (DEMASA) at compliance@demasa.co.za, or via www.demasa.co.za.

Additional statutory contact and registered-office information should be displayed on DEMASA’s website as required by applicable law.