Terms and Conditions

Terms

 

(Business Profs Consultancy Services)


Definitions
In these terms and conditions, the following definitions are applicable:
“Client / your / you” means the individual, partnership, organisation or company in receipt of the Services;
“Confidential information” means any information related to the Services disclosed by the Client to the Consultant and by the Consultant to the Client, respectively, either directly or indirectly. Confidential Information may include, by way of example but without limitation, products, specifications, formulae, equipment, formulas, models, employee interviews, records, quality monitoring schemes/programs, training materials, business strategies, customer lists, know-how, drawings, pricing information, inventions, ideas, and other information, or its potential use, that is owned by or in possession of the Client and the Consultant, respectively;
“Business Profs” or “Consultant” is a community engagement project initiated within TRADE research focus area, as research entity within the North-West University;
“the Engagement / Services” means any agreement, in whatever form, reached between the Consultant and the Client pursuant to which the Consultant agrees to render Services to the Client in the time and manner more specifically detailed and agreed to in the Engagement / Services scope between the two parties; and
“Force Majeure” means any cause beyond the reasonable control of the affected party, including, but not limited to, any act of God, war, riots, acts of the public enemy, fires, endemic and pandemics, strikes, labour disputes, accidents, or any act in consequence of compliance with any order of any government or governmental authority.


Our Services
Business Profs will advise you on all matters that fall within the scope of your instructions. We will set our understanding of those instructions in a proposal letter / document / scope.
The Service delivered by Business Profs (includes but is not limited to) providing strategic and professional advice in terms of risk assessment, economic development, financial advice, imports and exports and human resources.
Business Profs cannot sponsor Clients or offer any financial assistance.
The nature and content of any advice we provide will necessarily reflect the specific scope and limitations of our Engagement, the amount and accuracy of information provided to us and the timescale within which the advice is required.
Given the supporting nature of the Engagement / Services, the Client agrees that it will not hold Business Profs, TRADE research focus area or the North-West University accountable or responsible for any loss of any nature, direct or consequential, incurred while acting upon the advice of the Consultant.


Your obligations
To enable us to provide the Service, you agree to provide us with all relevant information, including any fact which may have any bearing on our acting for you or our provision of the Services so that we can consider whether it is relevant to the Engagement.
It is of particular importance that:
- you provide us with all instructions, information and documents required for us to carry out the Services;
- all information which you provide to us is true, accurate and not misleading to the best of your knowledge, information and belief (this is important as we will not verify the accuracy and completeness of the information which you supply to us); and
- if there are changes to the information provided to us, you notify us immediately.
- the Consultant shall not be responsible for any loss or damage arising from reliance on any information, or for inaccuracy or other defect in any document, supplied by you.
The Client remain responsible for any decisions which you make.
All communications from the Consultant to the Client and all information, intellectual property and other materials supplied to or received by the Client from the Consultant and which by its nature is intended to be for the knowledge of the Client alone, and all information concerning the Services and intellectual property shall be kept confidential by the Client unless or until the Client can reasonably demonstrate that any such communication, information and material is, or part of it is, in the context used by the Client, in the public domain through no fault of its own. To the extent that it is in the public domain or is required to be disclosed by law, this obligation shall then cease.


Disclaimer
- The Consultant, its directors, employees and professional advisors shall not, under any circumstances whatsoever, be liable for any loss, liability, injury, expense or damage (whether direct, indirect, special, incidental, or consequential) including, but not limited to tax losses of any nature whatsoever incurred by you or losses suffered by you, or any other damages whatsoever suffered by you, your directors, employees, agents and officers or any third party, arising out of or in connection with the Services, and you hereby indemnify and hold the Consultant, its directors, employees, agents, officers and professional advisors harmless in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you, your directors, employees, agents and officers in any manner whatsoever or any third party as a result of, or which may be attributable, directly or indirectly, to the provision of the Services, as aforesaid.
- For the avoidance of doubt, the provisions included in this paragraph headed ‘Disclaimer’ in favour of the Consultant’s directors, employees, agents, officers and professional advisors shall constitute, and be construed as, a stipulation in favour and for the benefit of, such directors, employees, agents, officers and professional advisors.
- The Services may include taxation or legal inaccuracies or typographical errors. This disclaimer shall automatically apply in its entirety to all improvements and/or amendments as they appear in the Services and any documents provided by the Consultant in relation to the Services. It shall be your sole responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by the Consultant.
- The Consultant does not warrant that the Services or any documents it provides in relation to the Services will be error free or that any defects will be corrected.
- If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines or practices of the Consultant in performing the Services, your sole remedy shall be to discontinue using the Services.
Protection of Personal Information Act (“POPI Act”)
- The Consultant confirms that it will take reasonable and required steps to protect, secure and process all confidential information received from any Clients in a professional manner, in accordance with the POPI Act.
- However, you agree and confirm that you will not hold the Consultant responsible for any breach of confidentiality, stemming from wilful or intentional misconduct or criminal activity, and/or any form of gross negligence, especially where any breach of confidentiality or information arises as a result of any action taken by you in providing the information to the Consultant.


General
- The Client agrees that the Consultant may use their names, company names, logo’s and photographs for publicity purposes, with their written permission; and
- The Consultant reserves the right to cease to act on your behalf if we consider this appropriate for any reason.