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Business Terms PDF Print E-mail
About - Legal
Written by Administrator   
Tuesday, 02 August 2011 12:34

1. ExecuEdge CC trading as Business Networking South Africa (BNSA)
Business Networking South Africa (BNSA) is a specialist speaking, training, consulting and coaching company based in South Africa that pioneered the initiative to teach professionals and organisations to succeed through authentic networking, high-trust business relationships, trust-based referrals, winning personal brands and personal repositioning. We operate under South African Law. Our principal place of business is 92 Bergzight, Roodekranz Road Goodwood, 7460.

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.

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. Reference in these terms of business to “we” “us” or “our” shall be construed accordingly.

2. Consulting
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.

3. Our fees and invoicing arrangements
Unless written agreement is reached to the contrary, our fees are based on our expertise, time-scale for completion, scope of the engagement, research, design 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. We will submit invoices for services provided and disbursements incurred on an interim basis as the work progresses.

3.1 Conference speaking, In-company training and consulting
Unless agreed otherwise, 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 4% 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.
Special rates are only offered to professional and member organisations and organisations wishing to roll-out our products to more than one department or branch.

Cancellation –
In the event of cancelation three weeks before the event then 100% of the fees paid will be forfeited.  In the event of postponement of events, then 100 % of the fees paid remains valid.
Participants in in-company training or public workshops may direct queries via email to use to assist them with implementation for 6 months after the sessions. You will not pay any fee for this service provided that such queries don’t exceed the amount of 15 minutes.
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3.2 Coaching
Unless agreed otherwise, invoices for the full fee are payable upon presentation.
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3.3. Public workshops
Only written notice of cancellation will be considered, at no time are telephonic cancellations sufficient. A 15% administration fee will be charged for all cancellations received eight or more working days prior to the workshop. The full fee is payable if a cancellation is received within the seven working days prior to commencement of the workshop. Delegates booking and not attending will be liable for the full fee. Business Networking South Africa’s liability in the event of workshop cancellation will be limited to a refund of the workshop fee.

Substitutions within the same payment category may be made for the workshop. Substitutions/transfers may not be made between different workshop venues and between different workshops. Unless advised otherwise, enrolments close seven days prior to the workshop date. Should you not receive your tax invoice timeously, as confirmation of enrolment, please telephone 071 444 2210.

Please note that payment is due strictly before the workshop. Should you have deposited money directly into Business Networking South Africa’s bank account, please fax confirmation of payment, reflecting the name of the delegate as a reference, to 086 694 63 99.

The venue and topics are confirmed at the time of going to press. However, we reserve the right to alter this venue and programme.

3. Bank details

  • Bank: ABSA    Branch: Cape Town    
  • Type: Cheque account        
  • Branch number: 632 005
  • Account name: ExecuEdge Consulting CC    
  • Account number: 4068454453

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 Business Networking South Africa, 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 Business Networking South Africa 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. Business Networking South Africa’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. 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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