Terms & ConditionsTerms & Conditions of SNL Consulting
Terms & Conditions of SNL Consulting
SNL Consulting shall draft procedures and processes, and guide the client to develop work instructions and supporting documents for the management system. The client retains the responsibility to create, implement and use the documents, procedures and systems put into place and to generate suitable records for audit purposes.
LEGAL & REGULATORY FRAMEWORK
All assessment and certification activities are performed in accordance with the relevant Standard required by the project. The process of certification is completed by an external body which is selected by the client.
Law governing the contract shall be the law of the Republic of South Africa.
This offer will remain valid for a period of 30 days.
Should the client fail to supply necessary information or perform tasks required by the consultant for the successful implementation of the management system, which in turn requires the consultant to spend additional time on the project, the consultant reserves the right to quote for additional hours. Once the quotation is agreed upon in writing by both parties, the consultant shall continue with services as per quotation.
It is noted that appointments are scheduled in agreement with both parties, should the client fail to cancel or postpone an appointment at least 36 hours prior to the appointment, SNL Consulting reserves the right, to invoice the client additional costs at a rate of R650/hour and travel expenses at cost.
Any additional work requested by the client and not specified in the quotation shall be quoted for at a rate of R650/hr and, if required, travel expenses at cost.
It is noted that the consultant is appointed to provide services as per clause 1 of the terms and conditions. Technical or legal requirements that fall out of the ambit of the scope of the project remains the responsibility of the client, therefore, the consultant shall bear no liability for any non –compliance thereof.
SNL Consulting shall bear no responsibility for the client failing to perform their obligations in terms of scope above.
The total liability of SNL Consulting shall be limited to the maximum of one time the amount of fees payable to SNL Consulting and for a period of three years from date of termination or completion of the agreement.
SNL Consulting does not offer any warranty or guarantee of work completed.
TERMS OF PAYMENT
The client shall pay each valid invoice submitted to it by SNL Consulting within thirty (30) days from the date of the invoice. If the client fails to pay on the due date, SNL Consulting sends a warning letter of impending withdrawal scope. If, after a reminder and a reasonable extension, settlement of financial obligations is not made, SNL Consulting is entitled to conduct measures such as judicial collection proceedings, the withdrawal of the certificate and the cancellation of the contract. In case of delayed payment, SNL Consulting has the right to charge interest at the legal rate in addition to the amount due, calculated from the due date of the invoice to the date of receipt of the amount. If the client cancels the contract, the client shall pay all the outstanding invoices
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement/proposal to provide services.
SNL Consulting (also called the service provider), all the parties to this agreement/proposal, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that:
a) One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
b) Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
c) Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement
d) Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
For purposes of rendering services, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia:
a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
b) where applicable, any and all data and business information;
c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider for the purposes of the project. Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.
It is agreed that such information may be collected, gathered and disseminated only for the purpose of the project. All parties acknowledge that they have read all of the clauses in this terms and conditions and that they understand and agree to be bound by the terms and conditions as set out in this agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance to this agreement.
TERMINATION FOR BREACH
In the event that either the of the parties commit a material breach of any of the these Terms and Conditions, and remains in default for a period of seven (7) calendar days after notification/warning letter by the non-defaulting party requesting that the breach be remedied, or fails to reach agreement on a new timeframe for remedy of the breach, the non-defaulting party shall be entitled to terminate this agreement by written notice immediately, without prejudice to any other rights.
The Parties commit to attempt to amicably resolve any dispute, controversy, difference or claim arising out of the agreement attached and terms and conditions. If after a period of thirty (30) days the dispute is not resolved, the alternative dispute resolution is mediation, failing which arbitration.