Terms and Conditions
MONEY NOW, A DIVISION OF MONEYCO(PTY) LTD
TERMS AND CONDITIONS (NCRCPxxxxxx)
These are the Terms and Conditions of the Loan Agreement for Money Now, a division of Moneyco (Pty) Ltd (“Money Now”). These Terms and Conditions form part of and are to be read together with the Pre-Agreement Statement and Quotation and Loan Agreement.
1. INTRODUCTION
1.1 Money Now is a registered credit provider with the National Credit Regulator (“NCR”) (NCRCP13053).
1.2 The agreement is concluded once you accept the Pre-Agreement Statement and Quotation and Money Now pays out your loan. The granting of the loan is entirely within the discretion of Money Now.
1.3 Any amendment made to the agreement will only be legally binding once Money Now has notified you in writing of such amendment.
2. PRE-AGREEMENT STATEMENT AND QUOTATION
2.1 The Pre-Agreement Statement and Quotation accepted by you sets out the information specific to your loan.
3. INTEREST RATE AND FEES
3.1 The interest rate is fixed for the duration of the agreement and is calculated on the daily balance and capitalised monthly (added to the outstanding loan balance) on the last day of the month.
3.2 In the event that an arrears amount exists on your account due to non-payment or late payment, the interest rate applicable to such amount in arrears shall not exceed the maximum interest rate applicable to your agreement under the National Credit Act No. 34 of 2005 (“NCA”).
3.3 Should Money Now change the interest rate, the amount of fees or charges applicable to your account or the frequency or time of payment of a credit fee or charge as provided for in the NCA, Money Now will notify you in writing by SMS of the proposed changes at least 5 business days before such change is implemented.
3.4 Money Now is entitled (with or without notice to you) to waive its entitlement to a portion of any initiation fees due and payable in respect of new loans when granting new loans to certain categories of customers (as determined by Money Now in its sole discretion, which may include existing customers). Any waiver by Money Now of its rights to charge full initiation fees will not alter or amend the nature of this credit agreement.
3.5 Interest will be charged from the date that the money is paid to you by Money Now.
4. REPAYMENT TERMS FOR DEBIT ORDERS
4.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs). By accepting the loan, you furnish us with a debit order mandate in respect of any amount payable under the agreement and you consent to the following:
4.1.1 Money Now may raise a debit order against your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary.
4.1.2 Where any of these instalments are due on a weekend, Monday or public holiday, Money Now may raise the debit order on the previous business day.
4.1.3 Payment instructions due in December may be debited against your account from the Friday prior to the 14th of December.
4.1.4 The reference on your bank statement for all Money Now debit orders will be Money Now.
4.1.5 If there are insufficient funds available to deduct your instalment, Money Now will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
4.1.6 All monthly instalments and any payment arrangements will be deducted from your bank account as indicated in your Loan Agreement or as may be updated on Money Now’s system on your request, on approval and validation thereof by Money Now.
4.1.7 Should your account fall into arrears, Money Now will be entitled to collect an additional amount of up to one and a half times the agreed instalment amount, in addition to the monthly instalment amount.
4.2 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
5. MONEY NOW’S RIGHT TO TERMINATE THE AGREEMENT
If you fail to make any payment punctually, you agree that Money Now may immediately claim the entire amount you owe in terms of the agreement from you (which includes, without limitation, loan amounts, arrear interest, and any other monies owing against the outstanding loan amount). In these circumstances, Money Now may enforce the agreement by taking the following steps:
5.1 Money Now may advise you in writing or by SMS that you are in default and propose that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court, or ombud with jurisdiction to resolve any dispute under the agreement or agree on a plan to bring the payments up to date.
5.2 If you have been in default for at least 20 business days and at least 10 business days have elapsed since Money Now sent you notice as set out in 5.1, and you have not responded to the notice or have rejected Money Now’s proposals, Money Now may approach a court for an order to enforce the agreement.
5.3 You may, at any time before Money Now has canceled the agreement, remedy your default by paying all overdue amounts, together with Money Now’s permitted default charges and reasonable costs of enforcing the agreement up to the time you remedy your default.
6. STATEMENTS
6.1 You agree to receive an updated statement of account every 3 months via SMS with a link to your statement.
7. EARLY SETTLEMENT
7.1 You are entitled to terminate this agreement at any time by settling the outstanding loan balance ahead of time with or without prior notice to Money Now. The amount required to settle the loan account is the total of the unpaid balance of the principal debt and the unpaid interest charges and other fees and charges payable up to the settlement date.
7.2 You will only pay a pro rata share of the interest for the time you had the money if you settle the loan amount ahead of time.
7.3 Despite having received a settlement value from Money Now, you remain responsible for ensuring that all amounts due to Money Now (including, without limitation, interest charges and administrative costs) have been settled in full.
8. LOAN AGREEMENT DEFAULT
8.1 If you do not strictly comply with this agreement, commit any act of insolvency, are sequestrated, make any untrue statements or representations, fail to disclose any information pertinent to the loan application, or do anything that may prejudice the rights of Money Now, Money Now may, without prejudice to any other rights that may accrue, claim the full amount outstanding (which includes, without limitation, the loan amount, arrear interest, or any other monies owing against the outstanding loan amount). In these circumstances, the procedural steps set out in clause 5 shall apply.
9. JURISDICTION
19.1 In terms of section 45 of the Magistrates’ Court Act. 32 of 1944, you hereby consent that Money Now may institute any legal proceedings regarding this agreement or your account in the Magistrates’ Court. You consent that Money Now may institute action in any Magistrates’ Court which, in terms of section 28 of the Magistrates’ Court Act, has jurisdiction over you. If Money Now has to go to court for any reason related to this agreement, you will be required to appear in the Magistrates’ Court. Money Now may also choose to institute action against you in any court having jurisdiction.
10. DEFAULT ADMINISTRATION AND COLLECTION COSTS
10.1 Should you be in arrears with your monthly instalments and Money Now take steps to enforce the agreement, you shall be liable for all default administration charges and collection costs incurred by Money Now or its appointed collections agent, including collection commissions, costs of an attorney, and other reasonable expenses incurred by Money Now or its collections agent in enforcing this agreement (such as telephone calls and letters to you), subject to the provisions of the NCA.
11. ADDRESSES
11.1 You choose the address stated in your Loan Agreement as the address at which you will accept service of legal documents and notices.
11.2 If you change your address, you are responsible for informing Money Now of the new address either in writing or telephonically as soon as possible.
11.3 Money Now's chosen address and contact details for all purposes under this agreement are as follows:
•Physical address: 13 Fredman Drive, Fredman Towers, 1st Floor, Sandton, Gauteng, South Africa
•Telephone number: 087 354 0000
12. CERTIFICATE
12.1 A certificate signed by a Money Now manager (who need not prove that appointment) will be sufficient proof of the balance outstanding under the loan and any other terms of the loan, unless proven otherwise.
13. CESSION
13.1 Money Now reserves the right at any time, without notice to you, to cede any or all of its rights in and/or claims against you to a third party elected by Money Now. By accepting this agreement, you irrevocably and unconditionally consent to such cession.
14. WHOLE AGREEMENT
14.1 The terms of this agreement constitute the complete and full terms of the agreement between you and Money Now. There are no additional unspoken or implied terms and conditions unless amended by agreement and in terms of clause 1.3 above.
15. PERSONAL INFORMATION CONSENT
15.1 You consent to the processing of your personal information as set out in the Pepkor Group of Companies’ External Privacy Statement, which can be accessed at www.pepkor.co.za.
16. CREDIT ENQUIRY AND REPORTING
16.1 You consent to Money Now conducting a credit enquiry about you and confirming your details with any credit bureau, credit provider, or third party. You also consent to Money Now sharing your personal information, including your loan application, this agreement, and any non-compliance with these terms and conditions, with:
16.1.1 Credit risk management services (including credit bureaus approved by the NCR to host consumer payment profile information and provide consumer credit scores).
16.1.2 Crime prevention agencies.
16.2 The contact details of various credit bureaus can be obtained from our Customer Service Centre (contact details as per clause 12). You have the right to contact the credit bureaus to review your record and correct any incorrect information.
17. YOUR RIGHTS
17.1 In terms of the NCA, you have the right to:
17.1.1 Contact a credit bureau.
17.1.2 Have your credit record disclosed.
17.1.3 Correct inaccurate information listed at a credit bureau.
17.1.4 Resolve a complaint through alternative dispute resolution or file a complaint with the NCR or make an application to the National Consumer Tribunal (“the Tribunal”).
17.1.5 Apply to a debt counsellor to be declared over-indebted and have your debt obligations rescheduled.
17.2 Should you wish to lodge a complaint, you can contact Money Now at 087 354 0000 or send an email to info@Money Now.co.za. If you are not satisfied with the outcome of your dispute or complaint, you can refer the matter to a dispute resolution agent, the Credit Ombudsman, the National Credit Regulator, or the National Consumer Tribunal using the contact details below:
Credit Ombudsman
T: 0861 66 2837
Email: ombud@creditombud.org.za
Website: www.creditombud.org.za
National Credit Regulator
T: 0860 627 627 / 011 554 2700
Email: complaints@ncr.org.za
Website: www.ncr.org.za
National Consumer Tribunal
T: 010 590 5200
Email: Registry@thenct.org.za
Website: www.thenct.org.za
Money Now Loans (Afrikaans)