Terms and Conditions

BER ESSENTIAL INSIGHTS SUBSCRIPTION - TERMS AND CONDITIONS

Subscription. The Client entering into agreement with Stellenbosch University’s Bureau for Economic Research (BER) hereby accepts these terms and conditions that apply to the BER Essential Insights Subscription (“the Subscription Service”).

Services. The Subscription Service provides the Client with access to the following:

1. Weekly summary and analysis of key international and domestic economic data releases
2. Regular (weekly) updates on important economic and economic policy developments
3. Weekly summary of what to look out for in the week ahead
4. Regular summary of the short-term BER forecast for selected variables, including a narrative on any updates/changes/potential changes to the forecast view
5. Discount on BER survey publications covering:
   1. Retail, wholesale and the motor trade
   2. Manufacturing
   3. Construction
6. Discount on other selected BER publications
7. Invitations to BER webinars and in-person events. Attendance is subject to an additional discounted fee, depending on the event.

The BER reserves the right to amend the content of the Subscription Service at its discretion and without notice to the Client. No amounts paid by the Client for either the Monthly Subscription Service or the Annual Subscription Service will be reimbursed by BER to the Client and the Client may merely opt not to renew the Subscription Service.

Term and Termination. “Business Day” means any day which is not a Saturday, Sunday or public holiday as contemplated in the Public Holidays Act, 36 of 1994”.

Access to the Subscription Service will commence upon Client registration (which includes acceptance of these terms and conditions) and payment (“the Activation Date”) and shall continue on either (i) a month-to-month basis (“the Monthly Subscription Service”), or (i) an annual basis (“the Annual Subscription Service”).

1. The Monthly Subscription will commence on the Activation Date and will be billed automatically each month on a date corresponding with the Activation Date for the following month (or the Business Day preceding or following the Activation Date, if same is not a corresponding calendar day or Business Day). The subscription will terminate automatically if payment is not received.
2. The Annual Subscription Service will commence on the Activation Date and terminate one day prior to the anniversary date of such subscription.
3. BER reserves the right to terminate the Subscription Service provided to any Client at any time if the Client acts in breach of any of the terms and conditions contained herein.

Payment. Payment of the Subscription Service fee will be made either (i) monthly in advance for the Monthly Subscription Service; or (ii) yearly in advance for the Annual Subscription Service at the prevailing price advertised on the BER Essential Insights Subscription platform from time to time.

Ownership of BER Essential Insights Subscription Material. Upon registration for the Subscription Service, the BER grants the Client a non-exclusive, non-transferable right to access the BER Subscription Service for its own internal use. Nothing contained on any platform utilized by BER to render the Subscription Services to the Client may be copied, sold or distributed by the Client to any third party. No transfer of ownership of any intellectual property (including copyright), confidential information, research data, know-how, methods and/or samples used or created in the course and scope of providing the Subscription Service shall occur.

Disclaimer. The BER does not give any warranties or make any representations of any kind with respect to the Subscription Service, including with respect to use, validity, accuracy, timing or reliability. Although reasonable professional skill, care and diligence is exercised to record and interpret all information correctly, the BER does not accept any liability for any loss whatsoever that may result from unintentional, inaccurate data and interpretations provided by the BER, as well as any interpretations by third parties. The BER further accepts no liability for the consequences of any decisions or actions taken by the Client or any third party on the basis of information provided. Use of the Subscription Service will be at the sole risk of the Client, who indemnifies the BER against any claims that may arise in connection with such use.

Liability. Neither party shall be liable to the other party for any indirect or consequential loss or damage (whether foreseeable or not) caused by or arising from any act or omission in terms of or pursuant to this Agreement or arising from any act or omission rendering the other party unable to perform its duties in terms of this Agreement. In any event the BER’s aggregate maximum liability for all amounts claimed from it in connection with this Agreement during any 12 (twelve) month period shall be the total amount of fees paid to it by the Client during such period, irrespective of the basis of such claim (whether in contract, delict, statute or otherwise).

Confidentiality. All material accessed in whatever format which originates from access to the Subscription Service is proprietary confidential information, data and/or intellectual property of BER and will be held in strict confidence by the Client.

Publicity. The Client will neither use the name of the BER, nor the names of any member of its personnel, in any publicity, advertising or news release, and the BER will not use the name of the Client, or any employee of the Client, in any publicity without the prior written approval of the Client.

Domicilia. The Parties hereby choose domicilium citandi et executandi for all purposes in terms hereof the addresses as indicated on the quotation/proposal.

Governing Law and Jurisdiction. This Agreement shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town of South Africa.