Business Terms 1. ExecuEdge We are a South African consulting and business relationship training business , a company under South African Law. Our principal place of business is One77 GreenPoint no 207, 177 GreenPoint Mainroad Cape Town 8000. The regular correspondence address is as follows: ExecuEdge, P O Box 6389, Roggebaai, 8012. From time to time we utilize the services of carefully selected independent associates, known as the Executive Network to assist us to provide services to clients. When we use the services of the Executive Network in connection with this Agreement they are deemed to be acting as our servants or agents and we shall assume liability for their activities.
Reference in these terms of business to “we” “us” or “our” shall be construed accordingly. 2. Our fees and invoicing arrangements Unless written agreement is reached to the contrary, our fees are based on the complexity of the assignment, time-scale for completion, ease of access to information and the added value we provide. Our tariffs will be reviewed from time to time. We also charge for any disbursements incurred during the Agreement and will add VAT to charges and disbursements if applicable. Any estimate we may provide is not an agreement to perform the services within a fixed time or for a fixed fee. Any fee budget agreed with the Client is based on the assumption that the information required for our work is made available in accordance with agreed timetables and/or project plan, and that key executives and personnel are available during the course of our work. If delays or other unanticipated problems which are beyond our control occur this may result in additional fees for which invoices will be raised on the above basis; we will advise Clients of delays as they occur and will estimate the effect. We will submit invoices for services provided and disbursements incurred on an interim basis as the work progresses. Invoices are payable upon presentation. In the event that invoices are not settled within 30 days of presentation, we shall be entitled to charge compound interest monthly at a rate of 3% above bank prime rate until the debt is settled. In the event ExecuEdge shall be successful in any suit for non-payment, ExecuEdge shall be entitled to recover reasonable legal costs (including collection and commission costs for collection) and expenses for bringing and maintaining this suit as part of damages. 3. Our responsibility We will provide the services described in an Agreement letter (or such variations as may subsequently be agreed upon in writing between us) with reasonable skill and care in accordance with the generally and currently accepted consulting principles and standards. The nature and content of any advice we provide or recommendations we make will necessarily reflect the scope and limitations of our Agreement, the amount and accuracy of the information provided to us and the timescale within which the advice or service is required. If the Client requests, we will provide our advice/reports in an abbreviated format or timescale, provided that it is accepted that the Client will not receive all the information had we provided a full written report or had we more time in which to carry out our work. Our advice is provided for the purposes of the Agreement and we disclaim any responsibility if it is used for a different purpose or in a different context. Unless otherwise directed by the Client, we may correspond via Internet or other electronic media. Where we do so, whilst we take reasonable steps to safeguard security and confidentiality of the information transmitted, the Client acknowledges that we cannot guarantee its security and confidentiality. If the communication relates to a matter of significance on which you wish to rely and you are concerned about the possible effects of electronic transmission you should request a hard copy of such transmission from us. If you wish us to password protect all or certain documents transmitted you should discuss this with us and we will gladly make the appropriate arrangements. 4. Client’s responsibility In relation to all work for the Client, it is the responsibility of Client’s staff to provide us with complete, accurate and timely information where we have requested this and to carry out the obligations ascribed to the Client. We will not be responsible for any consequences which may arise from any delay or failure of the Client or their staff and these may result in additional fees for which invoices may be raised. The Client (or its management) remains responsible for commercial decisions that it makes and regard must be given to the restriction on the scope of our work and a large number of other factors, commercial and otherwise, of which the Client and its other advisers are, or should be, aware by means other than our work. 5. Information and Confidentiality We acknowledge that the Client gives us confidential information and we shall not disclose, publish, or authorize others to publish design data, drawings, reports or other information pertaining to the work assigned to us by the Client without prior written approval of the Client. Without in any way detracting from the duty of confidentiality which we owe the Client, we reserve the right to act for the Client’s competitors or other clients, whose interests are or may be opposed to that of the Client. Reports, letters, information and advice we provide during the Agreement are given in confidence solely for the purpose of that Agreement and are provided on condition that the Client undertakes not to disclose these, or any other confidential information made available to Client by us during the course of our work, to any third party (being a party other than those to whom the report, letters, information or advice are addressed) without our prior written permission. Where it is envisaged that reports, letters, information and advice given by us to the Client will be made available or used by a third party, the Client will inform us so that we can stipulate the terms regarding such provision or require the party to enter into a direct relationship with us before any report, letter, information or advice is provided to that third party. Unless the third party agrees appropriate terms with us, we recognize no responsibility whatsoever other than that owed to the Client in the context of this Agreement as at the date on which our report or other advice is given to the Client. Neither the Client nor we will be prevented from disclosing confidential information:
a)which is in public domain or becomes public knowledge other than by breach of an obligation of confidentiality;
b)which is or becomes known from the other sources within restriction on disclosure:
c)which is required to be disclosed by law or any professional or regulatory obligation. The Client recognizes that, for the purposes of carrying out our responsibility in this Agreement, we shall not be treated as having notice of information which may have been provided to individuals within its entity who are not involved in the Agreement. 6. Intellectual Property Rights We retain all copyright and other intellectual property rights in everything developed by us either before or during the course of an Agreement including systems methodologies, software and know-how. We also retain rights in all reports, written advice or other materials provided by us to the Client although the Client will have full right to distribute copies of these material within its own entity. If the Client wishes to distribute copies of these materials outside its own entity, this will require our written permission. 7. Client documents, working papers and other documents Upon the expiration or sooner termination of the Agreement, we agree to return (subject to the receipt of all payments due to us) to the Client documents and material obtained from the Client (unless other information is requested) in connection with the performance of this Agreement. We will retain our working papers and other documents produced by us in the course of our Agreement. These documents are our property and access to these documents will be done in our sole discretion on terms determined by us. It is our normal practice to retain documents relating to the Agreement for 1 year after the end of the relevant assignment. Thereafter, unless separate arrangements have been made, the documents may be destroyed without reference to the Client. 8. Health and Safety We acknowledge the Client’s statutory responsibility to co-operate with health and safety requirements, provided we are given notice of these. 9. Our liability By engaging ExecuEdge , the Client agrees that any claim of any sort whatsoever arising out of or in connection with the Agreement shall be brought only against us and that no claims in respect of this Agreement will be brought personally against persons involved in the Agreement, whether actual or deemed servants or agents of us or not. 10. Limitation of liability 10.1 Consulting
The Client agrees to limit any and all liability or claim for damages, cost of defense, or expense against ExecuEdge to a sum not to exceed the estimated fee or the total amount of actual fees paid, whichever is less, on account of any error, omission, or negligence. In the event of this Agreement being renewed then, in the absence of any specific provision to the contrary, the terms of this paragraph shall apply to such new Agreement. 10.2 Seminars, Workshops, Executive Coaching, Executive Roundtable Meetings
Delegates booking and not attending will be liable for the full fee. ExecuEdge’s liability in the event of workshops, seminars or power networking functions cancellations will be limited to a refund of the registration fees. 10.3 Advertisements
Advertisers shall pay the full fee before the adverts are displayed on the website. Fees will not be reimbursed in the event of cancellations. Notice of cancellations must be given via email correspondence not later than one month before such occurrences.
11 Business Networking, Referrals Skills and Corporate Learning
11.1 In-House Training and Public Speaking. This section must be read in conjunction of the business terms for public speaking or in-house training which are available on www.execuedge.co.za by referring to “Book Karl to Speak”. In the event of our agreement being cancelled on sets dates before presentations, 100% of the full fee as quoted and cancellation costs for travel as well as accommodation will be become payable. Such set dates will be indicated on our quotations. Deposits will remain valid, if the training is postponed. In the event of a no show or cancellation by the presenter (due to unforeseen circumstances e.g. illness), all outstanding payments will be dropped, and any monies paid thus far will be reimbursed to the client. 11.2 Next Public Events. Registration is done on first-come-first serve basis and additional workshops will be arranged based on demand. No telephonic reservations are accepted. ExecuEdge reserves the right to cancel workshops if the number of delegates is insufficient. A cancellation fee of 100% of will be charged if a cancellation is received on or after set dates to cover venue and other costs. Such dates shall be indicated on our invoices. In the event of any cancellations by Execuedge, 100% of the attendance investment fee paid will be reimbursed within two work days via EFT. Delegates booking and not attending will be liable for the full fee. Substitutions within the same cost option may be made. Please note that we outsource administrative matters. Should you not receive your tax invoice at least 7 days before the events then please contact Karl on 082 777 9431. Please note that payment is due strictly before the workshop.
11.3 Our commitment to you. In-company training and public event attendees are eligible to approach Karl to assist them with their networking, business relationships, presentation and facilitation challenges via email or phone for at least 6 months after such training or attendance. Notwithstanding our commitment such assistance shall not exceed 30 minutes a day during this period. An executive coaching will be payable for sessions exceeding 30 minutes a day. All costs, if any, will be for the accounts of attendees where, face-to-face assistance is preferred. Please email your name and surname, event or training session attended, date of attendance and specific assistance required to
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11.4 Agencies. We are not obliged to make known requests from different agencies for quotations for the same client as such clients seek competitive prices. 12. Termination
Our consulting services may be terminated by either party by notice in writing to the regular correspondence address of either party marked for the appropriate contact. In the event of termination, fees and expenses incurred for consulting or search to the date of termination are payable by the Client.
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