Ursula Gouws Consulting (PTY) LTD – Terms of business

Revised – June 2024

These terms and conditions (‘Terms’) will apply to the relationship between The Client and Ursula Gouws Consulting, in general, during our engagement, and to each specific Matter.

Ursula Gouws Consulting may vary these Terms from time to time and will notify The Client in writing when we do so.

Definitions, if not provided in the body of the Terms, are in paragraph 22.

1. Important paragraphs

If The Client is a consumer, as defined in the Consumer Protec on Act 68 of 20 08 (‘Consumer Protec on Act’), Ursula Gouws Consulting has a duty to point out certain important terms to The Client.

The paragraphs that contain these important terms and reasons why they are important are set out below:

1.1     Limitation of our liability.  Paragraphs 5.5, 6.2, 10.4, 11, 12, 13, and 15.5 are important because they limit and exclude obligations, liabilities, and legal responsibilities that Ursula Gouws Consulting may otherwise have to The Client.

They also limit and exclude The Client’s rights and remedies and place various risks, liabilities, obligations, and legal responsibilities on The Client.

1.2     Assumption of risk.  Paragraphs 10.3 and 10.4 are important because they contain assumptions of risk by The Client and may limit The Client’s rights and remedies against Ursula Gouws Consulting.

1.3     Acknowledgment of fact.  Paragraphs 5.1 and 5.2 are important because they each contain an acknowledgment of fact by The Client.  The Client must read each paragraph carefully because they set out how monies are held on The Client’s behalf.

1.4     Indemnity.  Paragraph 13 requires The Client to indemnify (hold Ursula Gouws Consulting harmless) against claims that may be made against Ursula Gouws Consulting in certain circumstances – this may place various risks, liabilities, obligations, and legal responsibilities on The Client, and Ursula Gouws Consulting may claim payment from The Client of the amount of these claims.

2. General terms of engagement

2.1       Scope of engagement.  The Client together with Ursula Gouws Consulting, will agree on the scope of our engagement for each Matter when necessary.

2.2       Our advice to The Client.  The engagement only creates rights and obligations between The Client and Ursula Gouws Consulting.  No other person: may rely on advice Ursula Gouws Consulting gives The Client; is intended to be protected by our advice or other Services and other obligations; or may enforce any term of The Client’s engagement with Ursula Gouws Consulting through any applicable law.

2.3       Taking instructions and duty of care.  The Client agrees that Ursula Gouws Consulting may take instructions from them and any other person whom Ursula Gouws Consulting reasonably believes has the authority to do so.  Our duty of care is only to The Client.  It does not extend to The Client’s holding company, subsidiaries, affiliated companies, or other third parties unless Ursula Gouws Consulting agrees otherwise in writing.

2.4       Time frames.  Ursula Gouws Consulting will take reasonable steps to complete our mandate and give The Client any deliverables in the timeframes agreed with The Client or as soon as is reasonably possible in the circumstances.

2.5       Updating advice.  Ursula Gouws Consulting will give The Client advice based on our understanding of the relevant statutes, case law, and practice at the time Ursula Gouws Consulting gives the advice.  Subsequent changes in law and practice may affect the advice, but Ursula Gouws Consulting is not obliged to update advice in line with these changes unless Ursula Gouws Consulting has specifically agreed with The Client to do so in writing.

3. Fees

3.1       Ursula Gouws Consulting will agree on our fees for any Matter with The Client at the appropriate time.

3.2   Fee estimate.  Any fee estimate Ursula Gouws Consulting gives The Client for a Mater is based on our knowledge of the Matter and our assessment at the time Ursula Gouws Consulting provides the Client with the estimate of the amount of work needed to fulfill our instructions.  If any of those assumptions, or our assessment, proves to be incorrect or The Client alters our instructions, the estimate may not be accurate.  An estimate is not definitive and is not an upper limit for our fees.

3.3   Reimbursements.  The Client must reimburse Ursula Gouws Consulting for:

• costs and charges for printing and copying (or similar services) and of counsel, experts, and accountants (or similar service providers), Ursula Gouws Consulting undertakes or engages on The Client’s behalf; and
• disbursements (third-party expenses, such as external search fees) and travel (or similar) expenses that Ursula Gouws Consulting incurs.

3.4   Travel time.  Our fees may include time spent traveling, on The Client’s instructions, for the purposes of the Matter.

3.5   VAT.  Where Ursula Gouws Consulting is required to charge VAT, Ursula Gouws Consulting will charge VAT in addition to any of the above amounts.  Any specific arrangement in an engagement lesser or other similar document pertaining to the applicable VAT rate (zero rate or the standard rate) is specifically incorporated into these Terms.

4. Billing and payment terms

4.1   Billing.  Ursula Gouws Consulting will bill at times arranged with The Client or otherwise at intervals Ursula Gouws Consulting considers appropriate for the Matter.  4.2   Payment and interest.  The Client must settle their account within 14 days.  Ursula Gouws Consulting may charge interest on amounts outstanding up to the legally allowed rate or exercise a lien over any documents or monies Ursula Gouws Consulting possesses regarding bills that are not paid within that time.

4.3   Withholding or similar tax.  The Client must pay all sums free of any withholding tax or other relevant deduction (a ‘Withholding’), except as required by law.  If the law requires a Withholding, The Client must pay Ursula Gouws Consulting such amount as will leave Ursula Gouws Consulting with the same amount Ursula Gouws Consulting would have received in the absence of a requirement to make a Withholding.

4.4   Ending the Engagement for a Matter.  If The Client informs Ursula Gouws Consulting that they have decided not to proceed with the Matter (at all or for the foreseeable future Ursula Gouws Consulting may submit our bill to The Client for all work undertaken.

5. The client’s money

5.1   Funds held on The Client’s behalf.  If Ursula Gouws Consulting holds The Client’s funds on deposit, or if Ursula Gouws Consulting has collected or received funds on The Client’s behalf, Ursula Gouws Consulting will apply them to settle any outstanding accounts The Client owes Ursula Gouws Consulting.

5.2   Liability.  As far as the law allows, Ursula Gouws Consulting will not be liable for any loss The Client may suffer arising from: 

• any act or omission of the banking institution concerned regarding any account;
• any inability, delay, or failure of the banking institution to repay the funds on demand;
• the identity or choice of banking institution or
• any interest or exchange rate fluctuation.

6. Internal and external resources

6.1   Appropriate Resources.  Ursula Gouws Consulting will involve our employees (including partners) as well as other third parties working for or with Ursula Gouws Consulting, whom Ursula Gouws Consulting considers appropriate for our engagement with The Client.  Our policy is to involve persons of an appropriate level of seniority to perform The Client’s mandate with regard to the nature of the work.

6.2   External Resources.  There may be times when Ursula Gouws Consulting needs to instruct advisers on The Client’s behalf (for example, local counsel in another jurisdiction).  Ursula Gouws Consulting does not accept liability for the acts, errors, omissions, or the fees of these advisers or service providers.

7. Information and documentation

7.1   Relevant and accurate information.  Ursula Gouws Consulting will perform our mandate based on the information The Client gives Ursula Gouws Consulting, and The Client agrees:

• to ensure that Ursula Gouws Consulting receives all the information that may affect our mandate, including any information about a change in circumstances that may influence the position;
• Ursula Gouws Consulting is not obliged to determine if the information The Client gives Ursula Gouws Consulting is accurate or complete;
• and unless The Client asks Ursula Gouws Consulting and Ursula Gouws Consulting agrees in writing, Ursula Gouws Consulting will not perform any audit, due diligence, or other procedures to verify information Ursula Gouws Consulting receives.

7.2   Draft Documents.  Ursula Gouws Consulting may send The Client drafts of documents Ursula Gouws Consulting produces, such as letters of advice or reports for The Client’s review while working on a Matter.  The Client cannot rely on a draft until Ursula Gouws Consulting finalizes its contents and confirms this in writing.

7.3   Conflict between finalized documents.  Multiple copies and versions of finalized documents may exist in different media.  In the case of any discrepancy, the signed hard copy version will prevail.

8. Confidential information

8.1   Confidential information.  Ursula Gouws Consulting will respect the confidential nature of any information (‘Confidential Information’) The Client or The Client’s advisers give Ursula Gouws Consulting.

8.2   Disclosure.  Subject to paragraph 15, Ursula Gouws Consulting will not disclose any Confidential Information to anyone without The Client’s prior consent, except

• where the law, rules, or a court order requires Ursula Gouws Consulting to do so.  Ursula Gouws Consulting will only do this after Ursula Gouws Consulting has informed The Client and (where possible and permitted) taken action, at The Client’s cost, to contest the disclosure;
• to anyone (including any of The Client’s other advisers) who may be able to assist Ursula Gouws Consulting with the Matter, and Ursula Gouws Consulting believes it is appropriate for them to know the Confidential Information, taking into account The Client’s interests;
• to selected third parties such as suppliers of word processing, translation, waste disposal agencies, IT services, and other suppliers who assist Ursula Gouws Consulting in legal, finance, administrative, and other roles and who will or may have access to Confidential Information as part of their function.

8.3   Necessary disclosure.  If Ursula Gouws Consulting is required to disclose Confidential Information, such as in the situations above, Ursula Gouws Consulting will take all reasonable steps to secure and ensure The Client’s Confidential Information is protected.

8.4   Other clients.  Ursula Gouws Consulting owes a similar duty of confidentiality to all of our other clients (‘Other Clients’) as Ursula Gouws Consulting does to The Client.  Ursula Gouws Consulting will not disclose any information that Other Individuals give Ursula Gouws Consulting to The Client without their consent, even if the information is material to The Client’s Matter.  The Client agrees that Ursula Gouws Consulting does not owe a duty of disclosure to The Client in relation to such information.

8.5   Other matters.  There may be times when Ursula Gouws Consulting acts for Other Clients on matters where their interests differ from The Client and The Client’s Confidential Information is material to the Other Clients’ matters.  The Client agrees to our duty of confidentiality.  The Client will be satisfied by implementing appropriate safeguards in line with applicable law or practice.  The Client agrees that they will not seek to prevent Ursula Gouws Consulting from acting for Other Clients simply because Ursula Gouws Consulting holds The Client’s Confidential Information.

8.6   The Client’s duty of confidentiality.  Ursula Gouws Consulting may assume that The Client complies with all of The Client’s confidentiality obligations to third parties regarding any information disclosed to Ursula Gouws Consulting.

8.7   No instructions from The Client.  If The Client contacts Ursula Gouws Consulting about a potential matter but decides not to proceed, The Client agrees that Ursula Gouws Consulting may act for Other Clients whose interests may differ from The Client if Ursula Gouws Consulting protects The Client’s Confidential Information with the appropriate safeguards.

8.8   Sharing the Client’s Confidential Information.  Ursula Gouws Consulting may share The Client’s Confidential Information internally, including with any firm with which Ursula Gouws Consulting has entered into a joint venture, alliance, or collaboration arrangement, for:

• checking conflicts of interest between matters, or
• determining generally whether to accept instructions from The Client or another client.

9. Conflicts of interest

9.1   Conflict of interest procedures.  Ursula Gouws Consulting has procedures designed to prevent Ursula Gouws Consulting from acting for one Client in a matter where there is, or there is a significant risk of, a conflict of interests with another client (‘Conflict’).  If The Client is aware of a possible Conflict, please inform Ursula Gouws Consulting immediately.

9.2   Unrelated Matters.  Ursula Gouws Consulting is a full-service consulting firm that represents many clients, nationally and internationally, over a wide range of industries and businesses and in a wide variety of matters.  For this reason, Ursula Gouws Consulting may represent Other Clients whose interests may differ from The Clients or any of The Client’s affiliates on matters that are not substantially related to The Client’s Matters (an ‘Unrelated Matter’).

9.3   No disqualification.  If Ursula Gouws Consulting represents The Client or any of The Client’s affiliates in a Matter, this does not disqualify Ursula Gouws Consulting from representing Other Clients in any Unrelated Matter.  Ursula Gouws Consulting acting in Unrelated Matters does not breach any duty Ursula Gouws Consulting owes The Client or The Client’s affiliates if Ursula Gouws Consulting abides by the applicable laws.

9.4   Decision to Act.  If a Conflict arises, Ursula Gouws Consulting may decide to act for The Client, the Other Client, both or neither.  Ursula Gouws Consulting will determine this based on applicable laws, best practices and The Client’s and the Other Client’s interests and wishes.

9.5   The Client’s affiliates.  The Client agrees that each of The Client’s group companies (whether parent, subsidiary, affiliate, or holding company) shall be considered a separate entity for Conflicts purposes.  Our duties related to Conflicts only extend to group companies, which Ursula Gouws Consulting has agreed in writing to represent in a Matter.

9.6   Acting for multiple clients.  In certain cases, Ursula Gouws Consulting may have more than one Client actually or potentially interested in the same subject matter, transaction, or competing for the same asset (for example, the acquisition of a company being auctioned, a tender for a contract or proving claims in insolvency).  In such cases, Ursula Gouws Consulting is free to act for more than one Client in line with the relevant laws.

9.7   Fulfilling Different Roles.  If the Matter does not proceed, Ursula Gouws Consulting will protect The Client’s Confidential Information, but Ursula Gouws Consulting may take on other roles in relation to the Matter in accordance with the relevant rules of confidentiality.

10. Communications

10.1   Communicating with The Client.  Unless The Client specifies otherwise, Ursula Gouws Consulting may communicate directly with The Client’s employees or The Client’s other advisers as Ursula Gouws Consulting considers appropriate and who Ursula Gouws Consulting reasonably believes is involved in the Matter and can assist Ursula Gouws Consulting with providing the Services to The Client.

10.2   Email communication.  Ursula Gouws Consulting will communicate with The Client and The Client’s advisers about the Matter (including Confidential Information) by email unless The Client instructs Ursula Gouws Consulting otherwise.

10.3   Follow up.  Email communications are not totally secure or error-free.  Ursula Gouws Consulting uses filtering software to reduce spam and harmful viruses entering our systems.  As there is a risk of filtering out legitimate correspondence, The Client should not assume that Ursula Gouws Consulting receives every email.  Please follow up important communications by phone, post, or fax.

10.4   Liability for viruses.  Ursula Gouws Consulting is not liable if our filtering software or other viruses or electronic protection does not function and The Client’s systems are infected by any email or other form of delivery of information (such as CD, DVD, memory stick, or via the internet) from Ursula Gouws Consulting.

10.5   Monitoring.  As far as the law allows, The Client agrees that Ursula Gouws Consulting may monitor electronic communications to ensure compliance with our legal and regulatory obligations and internal policies.

11. Proportionality

11.1   Proportionate liability.  If Ursula Gouws Consulting is liable to The Client for any loss (including interest and costs) in respect of any breach by Ursula Gouws Consulting of our engagement or mandate, and another person or entity is also liable to The Client for the same loss, any compensation Ursula Gouws Consulting has to pay The Client will be reduced in proportion to the responsibility of the other person for the same loss (as set out in paragraph 11.2).

11.2   Extent of responsibility.  In determining the existence and extent of the responsibility of the other person or entity for the loss, no account will be taken of any agreement limiting the amount of damages that person or entity is liable for or any actual or potential shortfall in recovery of that amount (whether this is due to settling or limiting claims, or any other reason).

12. Limits to our liability

12.1   Limits to our Liability.  As far as the law allows, our aggregate (total) liability (of any nature) to The Client or any third party will not exceed the proceeds of any professional indemnity cover Ursula Gouws Consulting actually receives or that our insurers pay to The Client.  If there is no professional indemnity cover or no proceeds from such professional indemnity cover are received by Ursula Gouws Consulting or paid to The Client, then our aggregate liability will be limited to three times the amount of our fees on the relevant Matter.

12.2   Liability of our individual employees.  The aggregate liability (of any nature) to The Client or any third party (as set out above) also applies to the liability of our individual partners, directors, employees, consultants, agents, or other persons acting for or controlled by Ursula Gouws Consulting or for whom Ursula Gouws Consulting are legally responsible.

12.3   Application as far as the law allows.  Nothing in these Terms excludes or restricts any liability to the extent that it may not be excluded or restricted by applicable law, regulation, or rules.

12.4   No individual liability.  The Client agrees that, regarding the Services Ursula Gouws Consulting provides The Client:

• The Client’s only contractual relationship related to any Matter or Services is with Ursula Gouws Consulting (not our individual partners, directors, employees, consultants, or agents); 
• as far as the law allows, no individual who is a partner, director, employee or, agent of, or consultant to Ursula Gouws Consulting accepts or assumes responsibility to The Client or to anyone else for Services Ursula Gouws Consulting provided to The Client.  This applies even if The Client granted them a direct Power of Attorney (for example, to represent The Client in litigation);
• The Client will not bring any claim in connection with the Services Ursula Gouws Consulting provides The Client, whether on the basis of contract, delict (including negligence), breach of statutory duty or otherwise directly, against any of our individual partners or directors or against any of our employees, agents or consultants; and
• this will not limit or exclude our liability for the acts or omissions of our partners, directors, employees, agents, or consultants.

13. Indemnity

13.1     As far as the law allows, The Client indemnifies Ursula Gouws Consulting against any claim made against Ursula Gouws Consulting by:

• any of The Client’s subsidiaries, associates, affiliates, or shareholders who may not have signed an engagement letter on these Terms or substantially similar terms and for whom Ursula Gouws Consulting performs a mandate; or
• any third party to whom The Client discloses our advice unless Ursula Gouws Consulting provides our written agreement for that third party to be able to rely on our advice to The Client.

14. Consumer protection act

14.1   If these Terms or any goods or services provided under these Terms are regulated by the Consumer Protec on Act, all the provisions in these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the Consumer Protec on Act.

14.2  No provision in these Terms:

• does or intends to limit or exempt Ursula Gouws Consulting from liability (including loss that resulted, directly or indirectly, from our gross negligence or deliberate default or that of any other partner, director, employee, or other person acting for or controlled by Ursula Gouws Consulting), so far as the law does not allow this limitation or exemption; or
• requires The Client to assume risk or liability for this kind of loss referred to in paragraph 14.2 so far as the law does not allow such an assumption of risk or liability.

15. Anti-money laundering and sanctions

15.1   Legal Requirements.  Various laws and regulations on anti-money laundering and terrorism apply to Ursula Gouws Consulting.  When Ursula Gouws Consulting asks The Client to give us relevant information to perform Know Your Client (KYC) or customer due diligence (CDD) checks (for example, verification of identity or evidence of source of funds), The Client must give Ursula Gouws Consulting this information promptly.

15.2   Reporting.  Ursula Gouws Consulting may have to report any suspicious activity to the relevant authorities and obtain their prior consent before continuing to act.  They may also prohibit Ursula Gouws Consulting from informing The Client that Ursula Gouws Consulting has made such a report (for example, a tip-off).

15.3   Sanctions.  Ursula Gouws Consulting is also subject to various sanctions regimes, which may be specific to certain jurisdictions, entities, or individuals.  These sanctions may be arms embargoes, other trade restrictions, or financial restrictions.  The Client must notify Ursula Gouws Consulting as soon as possible if The Client becomes aware that a Matter may lead to a breach of any sanction.

15.4   Cessation of Matter or Termination.  Where Ursula Gouws Consulting believes that our work on the Matter may involve a breach of anti-money laundering or terrorism law or regulation or any applicable sanction, Ursula Gouws Consulting may cease working on the Matter immediately and terminate our mandate.

15.5   No liability.  Ursula Gouws Consulting will not be liable to The Client for any loss, damage, or delay The Client may suffer as a result of our:

• ceasing to act in accordance with paragraph 15.4 above or
• fulfilling our statutory obligations so long as Ursula Gouws Consulting has acted in good faith.

16. Data protection and marketing

16.1   Data Subjects.  In providing Services to The Client, Ursula Gouws Consulting may process personal information about The Client, The Client’s owners, officers or employees, sub-contractors, consultants, or other similar parties (each a ‘Data Subject’).

16.2   Processing personal information.  Processing may include the transfer of information to our offices, third parties who process information for Ursula Gouws Consulting (as referred to in paragraph 8.2 above), and law enforcement agencies.

In processing personal information, Ursula Gouws Consulting agrees to comply with all relevant data protection laws and regulations.  Ursula Gouws Consulting agrees to ensure that third parties who process personal information for Ursula Gouws Consulting treat personal information as confidential, implement appropriate measures to ensure the protection of personal information and that they agree to comply with all relevant data protection laws and regulations.

16.3   Contacting Data Subjects.  Where Ursula Gouws Consulting is permitted, Ursula Gouws Consulting may contact a Data Subject (including by email) with marketing communications that Ursula Gouws Consulting believes may be of interest, on our own or in conjunction with another firm with which Ursula Gouws Consulting has entered into a joint venture, alliance or collabora on arrangement.

16.4   Ceasing communication.  Any Data Subject who does not wish to receive marketing information can at any time request that such communications cease by emailing Ursula Gouws Consulting at ursula@ursulagouws.co.za.  Marketing communications will not be sent to a Data Subject who has requested not to receive marketing communication.

16.5   Consent.  When The Client gives personal information to Ursula Gouws Consulting about any Data Subject to process for purposes of a Matter, The Client confirms that they have obtained the necessary consent from the Data Subject to share such information and for Ursula Gouws Consulting to process, including transfer personal information.  On certain occasions, in providing Services to The Client, The Client may provide Ursula Gouws Consulting with personal information of parties such as our clients or customers as necessary for purposes of the Services; in such situations, The Client confirms that they have obtained their consent or have the authority to share their information with Ursula Gouws Consulting and for Ursula Gouws Consulting to process the information.  The Client undertakes to comply with all relevant data protection laws and regulations.

16.6   Disclosures.  The Client agrees that Ursula Gouws Consulting may disclose that we are acting for The Client in our marketing and similar materials and, if in the public domain, the Matter on which Ursula Gouws Consulting has acted on or are acting on for The Client.

If the Matter is not in the public domain, Ursula Gouws Consulting may only disclose the Matter for marketing purposes in generic form (and without reference to The Client), unless otherwise agreed between The Client and Ursula Gouws Consulting.

17. Termination

17.1   Termination by The Client.  The Client instructs Ursula Gouws Consulting separately in relation to each Matter.  The Client does not engage Ursula Gouws Consulting on a permanent basis, but The Client may terminate our engagement in any, some, or all matters at any time.

17.2   Termination by Ursula Gouws Consulting.  Ursula Gouws Consulting will stop acting on a Matter only with good reason in line with the relevant rules.  Ursula Gouws Consulting may do this; for example, if The Client does not pay an interim bill, The Client becomes insolvent, a Conflict arises, or our continuing to work on the Matter may have an adverse effect on our reputation.

17.3   Automatic Termination.  Unless terminated earlier, our engagement on each Matter will terminate 30 days after dispatch of our final bill.  As far as the law and relevant rules allow, Ursula Gouws Consulting will consider that the Matter has not proceeded, and our engagement will be terminated once:

• The Client informs Ursula Gouws Consulting that the Matter will no longer proceed;
• our engagement is otherwise terminated in accordance with these Terms or
• Ursula Gouws Consulting has had no instructions from The Client in relation to the Matter for 60 days.

17.4   In each case, The Client remains responsible for our fees and expenses for work done up to the point of termination.

18. Document retention

18.1   Destroying Documents.  Ursula Gouws Consulting may destroy our paper and (where possible) electronic files in line with our relevant policies seven years or more after sending The Client our final bill on the Matter.

18.2   Retrieving Documents.  If The Client or The Client’s other advisers request Ursula Gouws Consulting to retrieve any documents from storage, The Client will pay our reasonable costs, including time spent reading such documents, writing letters, or other work which Ursula Gouws Consulting, acting reasonably, deem necessary, to comply with such a request.

19. Copyright

Ursula Gouws Consulting retains the copyright and all other relevant intellectual property rights in our work product.  The Client will have a license to review and make copies of the documents Ursula Gouws Consulting prepares for the purposes of the Matter but not (unless otherwise agreed) for Other Matters.

20. Queries and disputes

20.1   Queries and Disputes.  If The Client is dissatisfied with any element of our Service (including our charges), The Client should contact Ursula Gouws Consulting.  We will be happy to discuss the Matter with The Client.

20.2 Negotiation and Arbitration.  As far as the law allows, if Ursula Gouws Consulting is unable to resolve any dispute related to a Matter with The Client by negotiation, Ursula Gouws Consulting may refer the dispute to arbitration to be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.  The arbitration will be conducted in English in Sandton, Gauteng, South Africa.

20.3 Jurisdiction of the Courts.  Any dispute (including a dispute relating to any non-contractual obligation) will be subject to the arbitration procedure in paragraph 20.2 and be subject to the exclusive jurisdiction of the High Court of South Africa (Pretoria, Gauteng).

21. General terms

21.1   Conflict.  If there is any inconsistency between these Terms and any other terms and conditions agreed between The Client and Ursula Gouws Consulting, in writing, the written terms between The Client and Ursula Gouws Consulting will prevail.  If there is a conflict between these Terms and the investment mandate The Client signs with Ursula Gouws Consulting (under paragraph 5.3), the investment mandate will prevail.

21.2   Severability.  If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the remainder shall survive unaffected.

21.3   Governing law.  South African law will govern these Terms.

22. Definitions

In these Terms, the following words will bear the meanings given to them here:

22.1   Definitions.  In these Terms, the following words will bear the meanings given to them here:

• ‘Matter’ means each Matter in which Ursula Gouws Consulting provides The Client with Services;’
• ‘Services’ means any advice, deliverable, product, information, or other obligation or Service Ursula Gouws Consulting performs or provides for a Matter;
• ‘The Client’ or ‘Client’ means the party who enters into an engagement with Ursula Gouws Consulting for a Matter and to whom Ursula Gouws Consulting provides the Services and such other persons as The Client and Ursula Gouws Consulting agrees shall be treated as a Client for the purposes of the Matter; and ‘Ursula Gouws Consulting, ‘‘our’ or ‘we’ means Ursula Gouws Consulting, a company registered in South Africa under number 2017/394043/07, whose registered office is at SPACES, Byls Bridge Office Park, Building 14 Block B, c/o Olievenhoutbosch Rd & Jean Ave, Centurion, Gauteng, 0157(if appropriate) its affiliated firms, alliance partners or other entities.

22.2   Singular and plural.  Words in the singular include the plural and the other way around.

22.3 Different forms of the same word.  Different grammatical forms of the same word have the same meaning.  (For example, to pay, paying, and paid).

22.4   General words are not limited.  Where Ursula Gouws Consulting uses general words to describe specific things that belong together, the general words can also mean other things.

22.5 References to ‘include’ and ‘including’.  The words ‘including’ or ‘include’ or ‘includes’ must not be interpreted as being limited to the list following after the word or excluding other items from a list following after the word.

22.6   Calculating days.  Where any number of days is given, those days are counted to exclude the first day but include the last day.

22.7 Reference to laws.  When there is a reference to a law or to a section of a law, Ursula Gouws Consulting means that law or section of that law as amended, repealed, or replaced from time to time.

22.8   References to persons.  Any reference to a person includes natural persons and juristic persons and the other way around.

Contact Us

If you have any questions about this Terms of Business, You can contact us:

By email: ursula@ursulagouws.co.za
By visiting this page on our Website: https://ursulagouws.co.za/contact-us/
By phone number: +27 78 2633548