Terms of Engagement

The People Pulse (Pty) Ltd

Registered Address: Jukskei Park, Randburg, Gauteng, 2188

Full Terms Document

The complete Terms of Engagement is available for on request. Please send an email to [email protected]

Notice to Clients

These Terms of Engagement govern the relationship between The People Pulse (Pty) Ltd ("The People Pulse", "we", "us") and any client ("you") who requests or receives our human resources consulting, advisory or platform services. By instructing us, or by continuing to use this website and our services, you accept these terms. If you do not accept them, please do not use the website or engage our services.

Scope of Services

The services we provide are set out in the written proposal, quotation or service schedule agreed between us. That document, read together with these terms, forms the whole agreement between the parties. Any work that falls outside the agreed scope will be quoted and confirmed in writing before it is undertaken. Nothing on this website constitutes an offer to provide services on any particular terms.

Client Responsibilities

You agree to provide us with accurate, complete and timely information, documentation and access to the people we need in order to perform the services. You remain responsible for your own operational and employment decisions. We advise and support; we do not assume the role of employer in respect of your staff, and we do not take over your statutory duties as an employer.

Fees and Payment

Fees, rates and any disbursements are set out in the applicable proposal or quotation and are quoted in South African Rand. Unless stated otherwise, quoted amounts exclude VAT. Invoices are payable within the period stated on the invoice. We reserve the right to suspend services where an account falls into arrears, and to recover reasonable costs incurred in collecting overdue amounts.

Confidentiality

Each party undertakes to keep confidential all non-public information disclosed by the other in the course of the engagement, and to use it only for the purposes of that engagement. This obligation does not apply to information that is already public, that is independently developed, or that a party is required to disclose by law or by a competent authority.

Data Protection and POPIA

Personal information shared with us is processed in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy, which forms part of these terms. Where we process personal information on your behalf, we do so on your documented instructions, apply reasonable technical and organisational safeguards, and retain that information only for as long as is necessary for the agreed purpose or as required by law.

Intellectual Property

All methodologies, templates, frameworks, reports, surveys and software that we develop or make available remain our intellectual property, unless we agree otherwise in writing. On full payment you receive a non-exclusive, non-transferable licence to use the deliverables for your own internal business purposes. You may not resell, sublicense or publish them without our prior written consent.

Limitation of Liability

We perform our services with reasonable skill and care. We do not, however, warrant any particular commercial, legal or employment outcome arising from advice given or deliverables provided. To the extent permitted by law, our aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid by you for that engagement, and we are not liable for indirect or consequential loss, including loss of profit, revenue or data.

Duration and Termination

An engagement continues until the agreed services are completed or until it is terminated in accordance with these terms. Either party may terminate an engagement on thirty (30) days written notice. Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within fourteen (14) days of being asked to do so. On termination you remain liable for all services rendered and costs properly incurred up to the termination date.

Dispute Resolution

The parties will first attempt in good faith to resolve any dispute through discussion between senior representatives. If the dispute is not resolved within fifteen (15) business days, it may be referred to mediation, and failing resolution there, to arbitration in South Africa in accordance with the rules of a recognised arbitration body. Nothing in this clause prevents either party from approaching a court for urgent interim relief.

General

We may update these terms from time to time. The version published on this website at the time you instruct us applies to that engagement. If any provision is found to be unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of it. Queries about these terms may be sent to [email protected].

This document is governed by and construed in accordance with the laws of the Republic of South Africa.