Terms of Service

Somor CredIntel provides credit intelligence and screening services to landlords, tenants, property managers, estate agents, and other parties involved in the South African rental and property market. Our services include, but are not limited to:

Credit Bureau Checks

Comprehensive credit reports sourced from registered South African credit bureaus, including credit scores, payment histories, outstanding debts, judgments, defaults, and adverse listings. These checks are conducted in accordance with the National Credit Act (NCA).

Tenant Screening

Full tenant verification services including identity verification, employment and income confirmation, rental history checks, affordability assessments, eviction history searches, and credit bureau checks. The purpose is to assess the suitability and risk profile of prospective tenants.

Landlord Vetting

Verification of landlord identity and property ownership through Deeds Office records, ID validation, agent mandate verification, and fraud risk assessments. The purpose is to protect tenants from rental scams and fraudulent property listings.

By using Somor CredIntel's services, you agree to the following obligations:

Accurate Information

You must provide accurate, complete, and truthful information when requesting our services. This includes correct identification details of the subject of a screening, valid contact information, and accurate descriptions of the services required.

Consent for Checks

Before requesting a credit bureau check or tenant screening on any individual, you must obtain the written consent of that individual. Somor CredIntel may request proof of consent before proceeding with a screening. Failure to obtain proper consent may result in the refusal or cancellation of the service.

Lawful Purpose

You may only use our services for lawful purposes related to tenancy assessments, property transactions, or credit evaluations. Using screening information for harassment, discrimination, or any unlawful purpose is strictly prohibited.

Confidentiality

Screening reports and the personal information contained therein are confidential. You must not share, distribute, or disclose screening reports to any third party without the consent of the data subject or as permitted by law.

Compliance with Laws

You must comply with all applicable South African laws, including the National Credit Act, the Protection of Personal Information Act (POPIA), the Financial Intelligence Centre Act (FICA), and the Rental Housing Act, when using our services and acting on the information provided.

Credit checks and background screenings involve the processing of personal information and are subject to strict legal requirements under South African law:

Explicit Consent Required

In terms of the National Credit Act and POPIA, explicit and informed consent must be obtained from any individual before a credit bureau enquiry or background check is conducted on their behalf. This consent must be specific, informed, and voluntary.

Consent Documentation

Somor CredIntel requires proof of consent before processing a screening request. Acceptable forms of consent include signed consent forms, electronic consent via our platform, or any other form of consent that meets the requirements of the NCA and POPIA.

Scope of Consent

Consent provided for a credit check authorises Somor CredIntel to access the relevant credit bureau databases, verify information with third parties (employers, Deeds Office, etc.), and compile a comprehensive screening report. Consent does not authorise the client to use the information for purposes beyond those stated at the time of consent.

Withdrawal of Consent

The data subject may withdraw consent at any time. However, withdrawal of consent does not affect the lawfulness of processing that took place prior to withdrawal, nor does it affect the validity of screening reports already issued.

While Somor CredIntel strives to provide accurate and comprehensive screening services, the following limitations apply:

Third-Party Data Accuracy

The accuracy of our screening reports depends on the accuracy of data provided by third-party sources, including credit bureaus, the Deeds Office, employers, and other verification sources. Somor CredIntel does not warrant the accuracy of third-party data and cannot be held liable for errors or omissions in such data.

No Guarantee of Suitability

A screening report provides information to assist in decision-making. It does not constitute a guarantee of a tenant's suitability, a landlord's legitimacy, or an individual's creditworthiness. The final decision to enter into a lease agreement or property transaction remains the client's responsibility.

Snapshot in Time

Screening reports reflect the information available at the time of the enquiry. An individual's credit status, employment, or financial situation may change after the report is issued. Reports should not be relied upon indefinitely.

Service Availability

Somor CredIntel aims to provide screening results within the advertised turnaround times. However, delays may occur due to factors beyond our control, including credit bureau downtime, employer unavailability, or Deeds Office delays. We will communicate any significant delays promptly.

The following payment terms apply to all services provided by Somor CredIntel:

Pricing

Service fees are quoted on our website and may be updated from time to time. Custom screening packages for corporate clients are quoted individually. All prices are inclusive of VAT where applicable.

Payment

Payment is required in advance before a screening is initiated. We accept payment via electronic funds transfer (EFT), credit card, and other payment methods as indicated on our platform. Proof of payment may be required before services commence.

Refunds

Fees are non-refundable once a screening has been initiated. If a screening cannot be completed due to factors within our control, a partial or full refund may be issued at our discretion. No refunds are issued for screenings that reveal unfavourable results or where third-party data is unavailable.

Corporate Accounts

Corporate clients may apply for monthly billing accounts subject to credit approval. Payment terms for corporate accounts are 30 days from invoice date. Late payments may incur interest at the prescribed rate.

To the maximum extent permitted by South African law:

No Liability for Third-Party Data

Somor CredIntel shall not be liable for any loss, damage, or harm arising from inaccurate, incomplete, or outdated information provided by third-party sources, including credit bureaus, the Deeds Office, or employers.

Decision-Making Responsibility

Somor CredIntel provides information to assist in decision-making. We are not liable for any decisions made by clients based on our screening reports. The responsibility for the final tenancy, credit, or property decision rests solely with the client.

Indirect Damages

Somor CredIntel shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services, regardless of the cause of action or the theory of liability.

Maximum Liability

In no event shall Somor CredIntel's total liability exceed the fees paid by the client for the specific screening service that gave rise to the claim.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or related to these terms or our services shall be subject to the exclusive jurisdiction of the South African courts.

Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute by contacting Somor CredIntel at info@somorcredintel.co.za. We will endeavour to respond to and resolve complaints within 14 business days.

Mediation

If a dispute cannot be resolved informally, the parties agree to attempt mediation through an accredited mediator before commencing litigation. The costs of mediation shall be shared equally between the parties.

Arbitration

If mediation fails, either party may refer the dispute to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in Johannesburg, South Africa.

Somor CredIntel reserves the right to amend these Terms of Service at any time. Changes will be effective upon publication on our website. Continued use of our services after any changes constitutes acceptance of the revised terms. We will make reasonable efforts to notify existing clients of material changes via email or website notice. It is your responsibility to review these terms periodically for updates.

For questions, concerns, or requests related to these Terms of Service, please contact us:

Email

info@somorcredintel.co.za

Phone

+27 (0) 11 000 0000

Address

Johannesburg, South Africa