PaySick Terms of Service

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1. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context indicates otherwise:

• "Customer" / "You" means the individual entering into a Payment Plan using PaySick.
• "Provider" means any healthcare provider, facility, practitioner, or merchant that accepts PaySick as a payment option.
• "Payment Plan" means a fixed, short-term instalment arrangement for a specific healthcare transaction.
• "Due Date" means the calendar date on which an instalment becomes payable.
• "Late Fee" means an administrative and enforcement fee charged for non-payment or delayed payment.
• "Platform" means PaySick's applications, APIs, websites, systems, and infrastructure.

Headings are for convenience only and do not affect interpretation.

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2. NATURE OF THE SERVICE – EXPRESS EXCLUSION OF CREDIT

2.1 No Credit, No Lending, No Financing

PaySick does not provide credit, loans, advances, overdrafts, or financing of any kind. Payment Plans are non-interest-bearing, non-revolving, fixed settlement arrangements limited to the value of a specific healthcare service already rendered or contractually agreed.

2.2 Not a Credit Agreement

The Payment Plan does not constitute a credit agreement, incidental credit agreement, or credit facility under the National Credit Act, 34 of 2005 ("NCA") or equivalent legislation.

2.3 Regulatory Classification Risk

Should any authority determine that any aspect of the Service constitutes regulated credit, PaySick reserves the right to immediately amend, suspend, novate, or terminate affected Payment Plans to ensure compliance.

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3. CUSTOMER ELIGIBILITY AND REPRESENTATIONS

By using the Service, you represent and warrant that:

• You are at least 18 years of age and legally competent;
• All information provided is true, accurate, and complete;
• You are acting for personal healthcare purposes and not for resale or third-party financing;
• You understand and accept the consequences of late or missed payments.

PaySick may perform identity, affordability, fraud, or risk checks and may decline access without obligation to provide reasons.

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4. PAYMENT PLANS AND CUSTOMER OBLIGATIONS

4.1 Plan Disclosure and Acceptance

Before confirmation, PaySick will disclose:

• Total payable amount;
• Instalment amounts and schedule;
• Due Dates;
• Applicable Late Fees;
• Consequences of non-payment.

Acceptance constitutes irrevocable consent.

4.2 Unconditional Payment Obligation

All Payment Plan obligations are absolute and unconditional, irrespective of:

• Disputes with the Provider;
• Dissatisfaction with healthcare outcomes;
• Insurance claim rejections;
• Provider insolvency or misconduct.

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5. LATE PAYMENTS, FEES, AND ENFORCEMENT

5.1 Late Fees

If payment is not received on or before the Due Date, PaySick may levy a Late Fee as disclosed. Late Fees are not interest and represent administrative, operational, and enforcement costs.

5.2 Escalation and Recovery

Persistent non-payment may result in:

• Multiple Late Fees;
• Suspension or permanent restriction of access;
• Referral to third-party collections or legal enforcement;
• Reporting to permitted risk, fraud, or industry databases where lawful.

5.3 No Waiver

Failure to enforce any right does not constitute a waiver.

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6. PAYMENT AUTHORISATION

You authorise PaySick to:

• Debit your nominated payment method on Due Dates;
• Re-attempt failed debits;
• Use alternative lawful recovery mechanisms.

You are solely responsible for ensuring sufficient funds and valid payment credentials.

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7. PROVIDER RELATIONSHIP AND DISCLAIMERS

7.1 No Agency or Partnership

PaySick is not an agent, partner, employer, or representative of any Provider.

7.2 No Responsibility for Healthcare Services

PaySick bears no responsibility or liability for:

• Medical advice or treatment;
• Clinical outcomes;
• Provider negligence, malpractice, or regulatory breaches;
• Pricing, refunds, or cancellations.

All healthcare disputes must be resolved directly with the Provider.

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8. PROVIDER RISK ALLOCATION

PaySick reserves the right to:

• Suspend or terminate Providers;
• Withhold or claw back settlement amounts in cases of fraud, abuse, or regulatory breach;
• Share information with regulators, insurers, or law enforcement where required.

Providers indemnify PaySick against claims arising from their services, conduct, or non-compliance.

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9. FRAUD, MISUSE, AND ABUSE

Any suspected fraud, misrepresentation, or abuse may result in:

• Immediate suspension;
• Termination;
• Recovery of losses;
• Criminal or civil action.

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10. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• PaySick is not liable for indirect, consequential, or economic loss;
• PaySick's total liability is limited to fees actually paid to PaySick for the relevant transaction.

Nothing limits liability that cannot be excluded by law.

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11. INDEMNITIES

You indemnify PaySick against all losses, claims, penalties, damages, and costs arising from:

• Breach of these Terms;
• Misuse of the Service;
• Disputes with Providers;
• Regulatory or legal action caused by your conduct.

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12. DATA, PRIVACY, AND REGULATORY DISCLOSURES

PaySick processes personal data in accordance with applicable data protection laws and its Privacy Policy. Data may be shared with payment processors, risk partners, regulators, or enforcement agencies where lawful.

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13. SUSPENSION, TERMINATION, AND SURVIVAL

PaySick may suspend or terminate access at any time. Payment obligations, indemnities, and limitation clauses survive termination.

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14. AMENDMENTS

PaySick may amend these Terms at any time. Continued use constitutes acceptance.

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15. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Republic of South Africa. Courts of South Africa have exclusive jurisdiction.

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16. CONTACT DETAILS

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