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Terms

Legal

Terms of Use

LABOURCORE AFRICA (PTY) LTD (2026/371634/07)

GENERAL TERMS AND CONDITIONS OF ENGAGEMENT

Preamble

These General Terms and Conditions of Engagement (“Terms”) govern the contractual relationship between LabourCore Africa (Pty) Ltd (“LabourCore Africa”, “the Company”, “we”, “our” or “us”) and every client (“the Client”) who instructs or engages the Company to provide professional labour law, employment law and human resources consulting services.

These Terms apply to all professional services rendered by LabourCore Africa unless expressly amended or excluded by a written agreement signed by both parties.

By engaging LabourCore Africa, the Client acknowledges that these Terms constitute a legally binding agreement and undertakes to comply with them.

1. Acceptance of Engagement

The Client shall be deemed to have accepted these Terms upon the occurrence of any one or more of the following:

  • Acceptance of a quotation or proposal;
  • Signature of a Service Level Agreement, Retainer Agreement, Letter of Engagement or any other contractual document;
  • Provision of written or verbal instructions to commence work;
  • Payment of any consultation fee, retainer or invoice; or
  • Continued utilisation of LabourCore Africa’s professional services.

2. Scope of Professional Services

LabourCore Africa provides specialised labour law, employment law and human resources consulting services, including but not limited to—

  • Labour law advisory services;
  • Human Resources consulting;
  • Employment contracts;
  • Workplace policies and procedures;
  • Disciplinary, incapacity and grievance proceedings;
  • CCMA and Bargaining Council representation, where legally permissible;
  • Labour Court support and litigation preparation;
  • Workplace investigations;
  • Employment Equity compliance;
  • HR compliance audits;
  • Labour law training and executive workshops;
  • Employment-related risk management;
  • Retainer-based advisory services.

LabourCore Africa reserves the right to amend, expand or discontinue any service offering without prior notice.

3. Nature of the Professional Relationship

LabourCore Africa is an independent labour law and human resources consulting firm.

Nothing contained in these Terms shall be interpreted as creating—

  • an employment relationship;
  • a partnership;
  • a joint venture;
  • an agency relationship; or
  • an attorney-client relationship,

unless expressly agreed to in writing.

4. Client Obligations

The Client warrants that all information, documentation and instructions supplied to LabourCore Africa are true, complete and accurate.

The Client undertakes to—

  • provide all documentation reasonably required;
  • cooperate throughout the engagement;
  • comply with all agreed deadlines;
  • promptly communicate any material developments affecting the matter; and
  • pay all professional fees when due.

LabourCore Africa shall not be liable for any delay or adverse outcome resulting from inaccurate, incomplete or delayed instructions or documentation supplied by the Client.

5. Professional Fees and Payment

Professional fees shall be charged in accordance with the applicable quotation, proposal, Service Level Agreement, Retainer Agreement or written fee schedule.

Unless otherwise agreed—

  • invoices shall be payable on or before the due date reflected thereon;
  • overdue accounts may attract interest at the maximum rate permitted by South African law;
  • LabourCore Africa reserves the right to suspend or terminate services until all outstanding amounts have been settled;
  • all legal costs incurred in recovering outstanding amounts shall be for the Client’s account.

Consultation fees, retainers and fees relating to work already performed shall be non-refundable.

6. Retainer Agreements

Where services are rendered under a monthly retainer—

  • the retainer secures LabourCore Africa’s continued professional availability and advisory support;
  • unused monthly services shall lapse unless otherwise agreed in writing;
  • services outside the agreed scope shall be invoiced separately;
  • retainers do not constitute unlimited consulting services;
  • either party may terminate the agreement by written notice in accordance with the applicable Retainer Agreement.

7. Professional Advice

All opinions, advice and recommendations are based solely upon the facts, documentation and instructions provided by the Client together with the legislation applicable at the time the advice is rendered.

LabourCore Africa accepts no responsibility for any prejudice or loss arising from incomplete, inaccurate or misleading information supplied by the Client.

8. Confidentiality

LabourCore Africa recognises the confidential nature of all information obtained during the course of its professional mandate.

Confidential information shall not be disclosed except—

  • where required by law;
  • with the Client’s prior written consent; or
  • where disclosure is reasonably necessary for the proper execution of the Company’s mandate.

This obligation shall survive termination of the professional relationship.

9. Protection of Personal Information

LabourCore Africa processes all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Personal information shall only be collected, processed, stored and shared for lawful purposes connected with the provision of professional services or where disclosure is required by law.

10. Intellectual Property

All templates, contracts, legal precedents, manuals, reports, policies, opinions, presentations, training material, branding, methodologies and proprietary content produced by LabourCore Africa remain the exclusive intellectual property of the Company.

No material may be copied, reproduced, published, distributed or commercially exploited without the Company’s prior written consent.

11. Limitation of Liability

LabourCore Africa undertakes to exercise reasonable professional skill, care and diligence in rendering its services.

To the fullest extent permitted by law, the Company shall not be liable for—

  • indirect or consequential loss;
  • loss of profits or business opportunities;
  • reputational damage;
  • business interruption; or
  • any decision, award or judgment made by the CCMA, Bargaining Councils, Labour Court, Labour Appeal Court or any judicial or administrative authority.

12. No Guarantee of Outcome

The Client acknowledges that LabourCore Africa cannot and does not warrant or guarantee the outcome of any disciplinary enquiry, grievance, arbitration, litigation, investigation, negotiation or dispute resolution process.

Each matter is determined on its own facts, applicable legislation and the discretion of the relevant authority.

13. Cancellation

Consultations cancelled with less than twenty-four (24) hours’ notice may attract a cancellation fee.

Where work has commenced, LabourCore Africa shall be entitled to recover all professional fees relating to work completed up to the effective date of cancellation.

14. Termination

Either party may terminate the professional relationship by written notice.

Termination shall not affect—

  • accrued rights;
  • obligations already incurred; or
  • the Client’s liability for all outstanding fees and disbursements.

LabourCore Africa reserves the right to terminate its mandate immediately where the Client acts unlawfully, dishonestly or in material breach of these Terms.

15. Dispute Resolution

The parties shall first endeavour to resolve any dispute through good-faith negotiations.

Where negotiations fail, the dispute may be referred to mediation before either party institutes legal proceedings.

Nothing in this clause prevents either party from approaching a court of competent jurisdiction for urgent or interim relief where necessary.

16. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

17. Amendments

LabourCore Africa reserves the right to amend these Terms from time to time.

Any amendment shall become effective upon publication on the Company’s official website or upon written notification to Clients.

18. Company Particulars

LabourCore Africa (Pty) Ltd

Beyers Naudé Street
Rustenburg, North West
0300
Republic of South Africa

Telephone: +27 60 679 9815

Email: info@labourcoreafrica.co.za

Website: www.labourcoreafrica.co.za

Acknowledgement

By instructing LabourCore Africa (Pty) Ltd to provide professional services, the Client acknowledges that they have carefully read, understood and accepted these General Terms and Conditions of Engagement and agree to be legally bound by them.

These General Terms and Conditions have been professionally drafted by an admitted attorney and reflect LabourCore Africa’s commitment to legal excellence, ethical practice, professional integrity and the highest standards of labour law and employment relations consulting within the Republic of South Africa.

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