Terms & Conditions — Upscale Insightslock Consulting
Legal

Terms & Conditions

Effective Date1 January 2025
Last Updated1 January 2025
JurisdictionRepublic of South Africa

Please read these Terms and Conditions carefully before engaging our services. By accessing our website or entering into a consulting agreement with Upscale Insightslock Consulting, you confirm that you have read, understood, and agree to be bound by these terms.

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your use of the website at upscaleinsightslockconsulting.com and any professional consulting services provided by Upscale Insightslock Consulting (“Company”, “we”, “us”, or “our”), a business registered and operating in the Republic of South Africa.

By visiting our website, submitting an enquiry, or entering into a service agreement, you (“Client”, “you”) agree to these Terms in their entirety. If you do not agree, you must not use our website or engage our services.

2. Services

Upscale Insightslock Consulting provides professional business consulting services including, but not limited to:

  • Strategic growth and business planning
  • Operational excellence and process optimisation
  • Leadership development and talent management
  • Change management and organisational transformation
  • Company incorporation and compliance services
  • Business intelligence and analytics
  • Digital strategy and marketing execution
  • AI and human-centric innovation consulting

The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate Service Agreement or Statement of Work (“SOW”) agreed upon in writing between the Company and the Client prior to commencement of any project.

All advice and recommendations provided are based on information available at the time of engagement. The Company does not guarantee specific outcomes or results from its consulting services.

3. Client Obligations

To enable effective delivery of services, the Client agrees to:

  • Provide accurate, complete, and timely information as reasonably required
  • Designate an authorised contact person for the engagement
  • Respond to queries and requests within agreed timeframes
  • Ensure that any information provided does not infringe third-party rights
  • Comply with all applicable laws and regulations in their jurisdiction
  • Not use our services for any unlawful, fraudulent, or harmful purpose

Delays caused by the Client’s failure to meet these obligations may result in revised timelines and may attract additional fees, which will be communicated in advance.

4. Intellectual Property

All methodologies, frameworks, tools, templates, and proprietary processes developed by Upscale Insightslock Consulting remain the sole intellectual property of the Company, unless explicitly transferred in writing.

Upon full payment, the Client is granted a non-exclusive, non-transferable licence to use deliverables produced specifically for their engagement for internal business purposes only.

The Client may not reproduce, distribute, sub-licence, or publicly disclose any proprietary Company materials without prior written consent.

All content on our website — including text, graphics, logos, and design — is owned by or licenced to the Company and is protected under applicable copyright and intellectual property laws.

5. Confidentiality

Both parties agree to maintain strict confidentiality with respect to all non-public information disclosed during the engagement. This obligation survives the termination of any service agreement for a period of three (3) years.

Confidential information does not include information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was already known to the receiving party prior to disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law or court order

Where a formal Non-Disclosure Agreement (NDA) is required, this must be agreed upon and signed prior to the commencement of any engagement.

6. Payment Terms

Fees are as specified in the applicable SOW or proposal document. Unless otherwise agreed in writing:

  • Invoices are payable within 14 calendar days of issue
  • International clients are invoiced in USD; domestic clients in ZAR
  • A deposit may be required prior to commencement, as specified per engagement
  • Late payments may attract interest at the prime lending rate plus 2% per annum
  • The Company reserves the right to suspend services if payments are overdue by more than 21 days

All fees are exclusive of applicable taxes unless otherwise stated. South African clients may be subject to Value Added Tax (VAT) where applicable.

7. Limitation of Liability

To the fullest extent permitted by law, the Company’s total aggregate liability arising from or in connection with any engagement shall not exceed the total fees paid by the Client for the specific service giving rise to the claim in the three (3) months preceding the event.

The Company shall not be liable for any:

  • Indirect, incidental, or consequential loss or damage
  • Loss of profit, revenue, business, contracts, or anticipated savings
  • Loss of data or business interruption
  • Decisions or outcomes resulting from implementation of our recommendations

Nothing in these Terms excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

8. Termination

Either party may terminate a service engagement by providing 30 days’ written notice, unless a different notice period is specified in the SOW.

The Company may terminate immediately, without notice, if the Client:

  • Breaches these Terms and fails to remedy the breach within 7 days of written notice
  • Becomes insolvent or enters business rescue or liquidation proceedings
  • Engages in conduct that is unlawful, unethical, or reputationally harmful

Upon termination, fees for work completed to date remain payable. Any deposits paid for undelivered work will be refunded on a pro-rata basis at the Company’s discretion.

9. Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.

If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before a mutually agreed-upon mediator. The cost of mediation shall be shared equally unless otherwise agreed.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any unresolved disputes shall be subject to the exclusive jurisdiction of the South African courts.

10. Amendments

The Company reserves the right to update or modify these Terms at any time. Material changes will be communicated via our website at least 14 days before taking effect.

Continued use of our website or services following the effective date of any changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

11. Contact Us

If you have any questions regarding these Terms and Conditions, please contact us:

Upscale Insightslock Consulting

Republic of South Africa
Phone / WhatsApp: +27 71 379 0965
Website: upscaleinsightslockconsulting.com