Last Updated: November 2024
These terms and conditions ("Agreement") govern your relationship with mediscribe AI (Pty) Ltd ("Company", "we", "us") as an independent sales representative ("Sales Rep", "you"). By registering as a sales representative, you agree to be bound by these terms.
1.1 You are an independent contractor, not an employee of the Company. This Agreement does not create an employment relationship, partnership, or joint venture.
1.2 You are responsible for your own tax obligations, including VAT registration if applicable under South African law.
1.3 You are not entitled to employee benefits, including medical aid, pension, UIF, or paid leave.
1.4 You have the freedom to work your own hours and are not required to work exclusively for the Company.
2.1 Commission Models: You may choose between:
2.2 Your chosen commission model cannot be changed after registration.
2.3 Commissions are only payable after the customer's payment has been received and cleared by the Company.
2.4 Additional bonuses may be offered at the Company's discretion, including:
3.1 If a customer cancels their subscription within 30 days of their first payment, the Company reserves the right to clawback 100% of commissions paid.
3.2 Clawback amounts will be deducted from your next commission payment. If you have no future commissions, you agree to repay the clawback amount within 14 days of written notice.
3.3 After 30 days, you retain all commissions earned, even if the customer subsequently cancels.
3.4 For recurring commission models, if a customer downgrades their plan, future commissions will be adjusted to reflect the new plan price.
4.1 One-time commissions are paid within 7 business days of the customer's first payment clearing.
4.2 Recurring commissions are paid monthly by the 5th of each month for the previous month's subscriptions.
4.3 Payments are made via EFT to the bank account you provide during registration.
4.4 You are responsible for ensuring your banking details are accurate. The Company is not liable for delays or failed payments due to incorrect banking information.
4.5 The Company will provide monthly commission statements detailing all earnings, payments, and clawbacks.
5.1 You agree to represent the Company professionally and ethically at all times.
5.2 You will not make false or misleading statements about the Company's products or services.
5.3 You will comply with all South African laws, including POPIA (Protection of Personal Information Act) when handling customer data.
5.4 You will not use spam, unsolicited emails, or deceptive marketing practices.
5.5 You will not engage in activities that damage the Company's reputation or brand.
5.6 You acknowledge that the Company provides marketing materials and demo accounts solely for legitimate sales activities.
6.1 You will be assigned a unique referral code for tracking purposes.
6.2 Commissions are only payable for customers who sign up using your unique referral link.
6.3 If multiple sales reps claim the same customer, the referral code used at signup will determine attribution.
6.4 You may not share, transfer, or sell your referral code to third parties.
6.5 Self-referrals (signing up as both sales rep and customer) are prohibited and will result in immediate termination and forfeiture of commissions.
7.1 You may receive access to confidential information, including customer data, pricing structures, and company strategies.
7.2 You agree to keep all confidential information strictly confidential and not disclose it to third parties.
7.3 You will comply with POPIA and all data protection laws when handling customer information.
7.4 Upon termination of this Agreement, you will immediately cease using any confidential information and delete all customer data in your possession.
8.1 All intellectual property rights in the Company's products, services, branding, and marketing materials remain the exclusive property of the Company.
8.2 You are granted a limited, non-exclusive license to use marketing materials solely for the purpose of promoting the Company's services.
8.3 You may not modify, reproduce, or create derivative works from Company materials without written permission.
9.1 During the term of this Agreement, you will not promote, sell, or represent competing AI medical scribe or medical transcription services.
9.2 You may represent non-competing products and services in the medical or healthcare industry.
9.3 This non-compete obligation terminates immediately upon termination of this Agreement.
10.1 Either party may terminate this Agreement at any time with written notice (email is acceptable).
10.2 The Company may terminate this Agreement immediately if you:
10.3 Upon termination:
11.1 The Company's total liability under this Agreement is limited to the total commissions paid to you in the preceding 6 months.
11.2 The Company is not liable for indirect, incidental, or consequential damages arising from this Agreement.
11.3 The Company does not guarantee any specific level of earnings or customer conversion rates.
12.1 The Company reserves the right to modify these terms with 30 days' written notice.
12.2 Existing commission agreements for customers signed up before the modification will remain unchanged.
12.3 Continued participation after notification of changes constitutes acceptance of the new terms.
13.1 You are solely responsible for all tax obligations arising from commissions earned.
13.2 The Company will report annual commission payments to SARS as required by law.
13.3 If your annual commissions exceed R1 million, you are required to register for VAT. You must notify the Company immediately upon VAT registration.
13.4 The Company may withhold payments if you fail to provide required tax documentation.
14.1 Any disputes arising from this Agreement will first be subject to good-faith negotiation.
14.2 If negotiation fails, disputes will be resolved through mediation administered by AFSA (Arbitration Foundation of Southern Africa).
14.3 This Agreement is governed by the laws of the Republic of South Africa.
14.4 The parties consent to the jurisdiction of the South African courts.
15.1 Entire Agreement: This Agreement constitutes the entire agreement between you and the Company.
15.2 Severability: If any provision is found invalid, the remaining provisions remain in full force.
15.3 No Waiver: Failure to enforce any right does not constitute a waiver of that right.
15.4 Assignment: You may not assign this Agreement without the Company's written consent.
15.5 Notices: All notices must be sent via email to the addresses provided during registration.
For questions regarding these terms, contact:
mediscribe AI (Pty) Ltd
Email: sales@mediscribe-ai.com
Website: mediscribe-ai.com
By checking the "I agree to the Sales Representative Terms & Conditions" box during registration, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.