Terms and Conditions

1. Introduction

These Terms and Conditions govern all professional services and deliverables provided by Daniels Consulting Services ("Daniels Consulting Services," "we," "our," or "us") to the client ("you" or "the Client"). They apply to our consulting services, including documenting and creating business processes, assisting with recruitment, supporting performance management, and coaching and training staff.

2. Acceptance of Terms

By requesting or accepting a quotation, proposal, statement of work, or service agreement, using our services, or paying an invoice, the Client accepts these Terms and Conditions. Where a signed quotation, proposal, statement of work, or service agreement is in place, it applies together with these Terms. If there is a conflict, the more specific signed document prevails for that engagement.

3. Scope of Services

Daniels Consulting Services provides professional consulting and administrative support as agreed in writing. Services may include:

• Reviewing, mapping, documenting, and improving business processes, procedures, workflows, policies, standard operating procedures, templates, and related records.
• Assisting with recruitment administration, including role profiling, vacancy preparation, candidate sourcing support, application screening support, interview coordination, reference-check coordination, and onboarding documentation.
• Supporting performance management through framework design, objective and key performance indicator development, review templates, process facilitation, manager guidance, record keeping, and improvement-plan documentation.
• Providing staff coaching, training, workshops, consultations, and implementation support directly related to the agreed services.

No service or deliverable forms part of an engagement unless recorded in a quotation, proposal, statement of work, service agreement, or written approval.

4. Nature and Limitations of Services

Our services are consultative and administrative. We do not provide legal advice, labour-law representation, psychological assessment, registered psychometric testing, or any regulated service unless expressly agreed and delivered by a suitably qualified professional. The Client remains responsible for all management decisions, employment decisions, disciplinary action, dismissals, appointments, remuneration decisions, and compliance with applicable labour and employment laws.

Daniels Consulting Services does not guarantee that a process will produce a particular commercial outcome, that a candidate will be suitable or remain employed, or that a performance-management intervention will achieve a specific result.

5. Quotations, Fees and Billing

• Services are quoted per engagement or billed on an hourly, daily, project, or monthly basis, as stated in the applicable quotation or agreement.
• Quotations remain valid for the period stated in the quotation.
• A deposit or advance payment may be required before work begins.
• Additional work, material changes in scope, urgent work, travel, and third-party costs may be charged separately with the Client’s approval.
• All fees are quoted in South African rand and exclude VAT unless stated otherwise.
• Invoices are payable by the due date stated. We may suspend services or withhold deliverables while an account is overdue.

6. Client Responsibilities

The Client is responsible for:

• Providing accurate, complete, lawful, and timely information, instructions, records, approvals, and access.
• Appointing an authorised contact person and ensuring relevant employees and stakeholders are available when reasonably required.
• Reviewing draft processes, role profiles, candidate information, performance documents, and deliverables before approval or use.
• Making all final recruitment, employment, operational, and performance-management decisions.
• Obtaining necessary employee, candidate, referee, and third-party notices, permissions, and consents.
• Implementing approved processes and maintaining appropriate internal controls.

We are not liable for delays, errors, or losses caused by incomplete or inaccurate information, delayed feedback, unavailable stakeholders, or instructions given by the Client.

7. Process Documentation and Implementation

• Process documents are prepared from information supplied by the Client and observations made during the engagement.
• The Client must validate that documented processes accurately reflect its operations, legal obligations, authority levels, systems, and controls.
• Recommendations are based on the agreed scope and information available at the time.
• Unless expressly included, our services do not include system configuration, software development, legal review, certification, audit, or ongoing monitoring.
• The Client is responsible for implementation, communication, training, enforcement, version control, and periodic review after handover.

8. Recruitment Support

• Recruitment assistance is limited to the activities specified in the engagement.
• The Client is the employer or prospective employer and retains sole responsibility for candidate selection, interviews, assessments, offers, appointments, background checks, right-to-work verification, and compliance with employment-equity and labour requirements.
• Candidate information may not be used for purposes unrelated to the relevant recruitment process and must be handled confidentially.
• We may rely on information supplied by candidates, referees, platforms, and the Client and do not warrant that such information is complete or accurate unless verification is expressly included.
• No placement, retention, performance, availability, or suitability guarantee applies unless expressly agreed in writing.

9. Performance Management Support

• We may assist with performance frameworks, scorecards, objectives, review cycles, meeting preparation, documentation, and improvement plans.
• The Client must ensure that performance standards are lawful, reasonable, measurable, communicated, and consistently applied.
• Managers remain responsible for evaluating employees, providing evidence and feedback, following fair procedures, and making final decisions.
• Our templates, facilitation, or recommendations do not replace case-specific legal advice or the Client’s internal disciplinary and grievance procedures.
• We are not responsible for employment disputes, claims, or outcomes arising from the Client’s decisions or implementation.

9A. Staff Coaching and Training

• Coaching and training may include individual or group sessions, workshops, skills development, manager coaching, process training, supporting materials, and follow-up activities as specified in the engagement.
• The Client is responsible for identifying participants, communicating objectives, providing suitable facilities or online access, and ensuring reasonable attendance, participation, and workplace support.
• Session dates, duration, delivery method, content, materials, assessments, and any certificates or attendance records will be agreed in writing. Rescheduling or cancellation may be subject to the fees stated in the quotation or agreement.
• Coaching is developmental and does not constitute counselling, therapy, medical advice, legal advice, or a guarantee of promotion, performance improvement, competency, qualification, or any particular employment outcome.
• Training content and materials are provided for the Client’s internal use. They may not be copied, modified, recorded, distributed, resold, or delivered to third parties except as permitted in writing or under the intellectual-property provisions of these Terms.
• The Client remains responsible for evaluating workplace competence, supervising employees, implementing learning, and ensuring that any mandatory, accredited, regulated, or safety-critical training is delivered and assessed by appropriately authorised providers.
• Information shared during coaching will be treated as confidential, subject to legal obligations and any agreed reporting boundaries. Where the Client sponsors coaching, the scope of progress reporting must be agreed in advance and should not include personal session details unless lawfully authorised.

10. Approvals, Changes and Sign-Off

• Work proceeds on the basis of written approval at agreed stages.
• Revisions included in the fee are limited to those stated in the quotation or agreement.
• Changes to approved scope, assumptions, timelines, or deliverables may require a revised quotation and delivery date.
• A deliverable is regarded as accepted when the Client approves it in writing, uses it operationally, or does not raise a material written concern within 7 working days after delivery.

11. Intellectual Property and Ownership

• Ownership of final, client-specific deliverables transfers to the Client after full payment, unless otherwise agreed in writing.
• Until full payment is received, all drafts and deliverables remain the property of Daniels Consulting Services.
• We retain ownership of our pre-existing know-how, tools, frameworks, checklists, templates, methodologies, generic content, and working materials. The Client receives a non-exclusive licence to use any such material incorporated into a paid deliverable for its internal business purposes.
• The Client warrants that it has the right to provide all materials supplied to us.

12. Confidentiality and Data Protection

Each party must protect the other party’s confidential information and use it only for the engagement. This obligation does not apply to information that is public through no breach, was lawfully known before disclosure, is received lawfully from a third party, or must be disclosed by law.

Personal information is handled in accordance with the Protection of Personal Information Act, 2013 (POPIA), and other applicable law. The Client is responsible for establishing a lawful basis for sharing employee, candidate, referee, and stakeholder information with us and for issuing any required privacy notices. We may process personal information only as reasonably necessary to perform the services, meet legal obligations, protect legitimate interests, and maintain business records.

Where appropriate, the parties may enter into a separate data-processing or confidentiality agreement.

13. Third-Party Services

The engagement may involve recruitment platforms, job boards, background-screening providers, cloud services, communication tools, or other third parties. Third-party services are subject to their own terms, availability, fees, and privacy practices. Unless caused by our failure to exercise reasonable care, Daniels Consulting Services is not responsible for outages, delays, errors, data loss, or acts or omissions of third-party providers.

14. Records and Retention

The Client is responsible for retaining original records and final approved documents. We may retain engagement records for as long as reasonably required for legal, regulatory, operational, or legitimate business purposes, after which they may be securely deleted. Retrieval or restoration of archived material may be charged separately. Candidate and employee records must be retained only for lawful and necessary periods.

15. Warranties and Professional Standard

We will perform the services with reasonable skill, care, and diligence. Except for this express commitment and any rights that cannot lawfully be excluded, no other warranty is given. The Client acknowledges that business processes, recruitment, and performance management depend on human judgement, implementation, organisational conditions, and information outside our control.

16. Indemnity

To the extent permitted by law, the Client indemnifies Daniels Consulting Services and its personnel against third-party claims, losses, or liabilities arising from unlawful or inaccurate Client instructions, materials supplied by the Client, the Client’s employment or management decisions, misuse of deliverables, or implementation contrary to our written recommendations, except to the extent caused by our negligence or wilful misconduct.

17. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising from an engagement is limited to the fees paid by the Client for the specific services giving rise to the claim. We are not liable for indirect, special, incidental, or consequential loss, including loss of profit, opportunity, anticipated savings, reputation, or data. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

18. Delays and Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages, severe weather, industrial action, civil disturbance, pandemic-related restrictions, supplier failure, or changes in law. The affected party must notify the other party and take reasonable steps to reduce the impact. Timelines will be adjusted accordingly.

19. Termination

Either party may terminate an ongoing engagement on 30 days’ written notice, unless the applicable agreement states otherwise. A party may terminate immediately for a material breach that is not remedied within a reasonable written cure period, or where continued performance would be unlawful.

On termination, the Client must pay for all work completed, committed third-party costs, and approved expenses up to the termination date. Deposits are applied against amounts due and are refundable only to the extent they exceed those amounts. Final paid deliverables will be handed over subject to any agreed transition arrangements.

20. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts, without limiting either party’s right to approach any court with competent jurisdiction for appropriate relief.

21. General

• These Terms, together with any signed quotation, proposal, statement of work, service agreement, or data-processing agreement, constitute the entire agreement for the relevant engagement.
• No amendment or waiver is effective unless recorded in writing.
• If any provision is invalid or unenforceable, the remaining provisions continue in effect.
• Neither party may transfer its rights or obligations without the other party’s written consent, except as part of a lawful business reorganisation or sale.
• Notices must be sent to the contact details stated in the applicable quotation or agreement.
• Daniels Consulting Services may update these Terms from time to time; the version accepted for an engagement applies to that engagement unless otherwise agreed.