Terms

CLIENT TERMS OF ENGAGEMENT

1 SERVICE EXCELLENCE

It is of utmost importance to Workplace Strategies CC that we excel in client service. To us excellence in client service includes timeliness, regular communication, meeting deadlines and exceeding client expectations. We strive to act in the best interests of our clients and in accordance with their instructions at all times.

2 ACCEPTANCE OF TERMS

These terms of engagement set out the basis upon which our services are provided and by instructing us, continuing to instruct us or retaining us, you are deemed to have accepted these terms of engagement. Retainer clients may also be asked to enter into a Retainer Agreement.

3 FEES

Workplace Strategies CC gives clients two options in relation to the payment of fees, namely:

3.1 You may opt to enter into a retainer arrangement whereby Workplace Strategies CC will commit a fixed numbers of hours to you each month for a fixed fee. The number of hours (and consequently the monthly fees) are agreed with you and are dependent on your requirements and financial resources.

3.2 You may opt to engage Workplace Strategies CC for a single transaction or advice, in which case we shall charge according to an hourly rate that is dependent upon the nature and complexity of the work.

4 FEE ESTIMATE

Where you elect to engage Workplace Strategies CC in the manner specified in paragraph 3.2 above, we shall provide a fee estimate for the work to be undertaken. We reserve the right to amend that fee estimate should circumstances warrant such a course of action.

5 PAYMENT OF FEES

Tax invoices provided to you stipulate the date on which the fees must be paid. We ask that you pay the invoices within the time specified. If exceptional circumstances arise that prevent the payment of the invoice within the time specified, we ask that you notify us of the date on which we can expect the invoice to be paid.

In the event that you are not in agreement with the fees stipulated in a tax invoice, please notify us in writing of your objection within seven working days of receipt of the invoice. Failure to do so will constitute acceptance of the fee.

Invoices not paid within 30 days of the date that the invoice was given to you will incur an interest charge (at the maximum rate allowed by law) and calculated on a monthly basis.

We reserve the right to request a deposit from you for services and costs to be incurred on all matters on your behalf. The amount of the deposit will be dependent on the nature and estimated cost of the particular matter.

6 PAYMENT TO THIRD PARTIES

We reserve the right to appoint third parties to assist us in delivering the services but we shall consult you before doing so. If third parties are retained on your behalf, you shall remain liable for their fees or costs and you will indemnify us from any claims from third parties retained on your behalf.

7 LIMITATION OF LIABILITY

We are not liable for any loss or damage even if connected with default or negligence by us, to the extent that the loss or damage was caused or contributed to by your own negligence or by the negligence of others.

8 DISCLOSURE OF INFORMATION

We may acquire sensitive information concerning your business or affairs in delivering the services and we undertake not to disclose such information to third parties unless with your consent, where the information has entered the public domain or where we are required to disclose the information to insurers, legal advisers or under legal compulsion.

9 COPYRIGHT

We shall retain ownership of the copyright and all other intellectual property rights in the products or the services, whether oral or tangible, and ownership of our working documentation. For the purposes of delivering services to you or other clients, we shall be entitled to use or develop knowledge, experience and skills of general application gained through performing the services. You agree to keep confidential any methodologies and technology used by us to carry out our services.

10 DISPUTES

You agree that any disputes will be subject to private mediation at first instance and arbitration thereafter, pursuant to the rules of the Arbitration Foundation of South Africa.

WEBSITE TERMS & CONDITIONS

The products and services offered by or through the workplacestrategies.co.za web site are made available subject to the following Terms and Conditions. By using the workplacestrategies.co.za web site, you agree to be bound by, and to comply with, these Terms and Conditions. Workplace Strategies CC reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.

1 COPYRIGHT

All content included on this web site, such as text, graphics, logos, images, databases and software, is the property of Workplace Strategies CC and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of Workplace Strategies CC and protected by South Africa and international copyright laws.

Workplace Strategies CC authorises you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:

1.1 such content is used for information purposes only;

1.2 such content is used for non-commercial purposes; and

1.3 any reproduction of material from this web site or portion thereof must include this notice in its entirety.

2 LIABILITY DISCLAIMER

The information, content, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an “as is” basis. Workplace Strategies CC makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site.

3 LIMITATION OF LIABILITY

In no event shall Workplace Strategies CC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site.

4 PROFESSIONAL INFORMATION

Although reasonable step have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult Workplace Strategies CC directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site.

5 APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws.

6 PRIVACY POLICY

Workplace Strategies CC is dedicated to maintain the privacy of its online visitors and users. On this site, Workplace Strategies CC does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.

Workplace Strategies CC’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.

7 VIOLATION AND WAIVER

Should you violate these Terms and Conditions or any other rights of Workplace Strategies CC reserves the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
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