Terms of Service.

1. About These Terms

These Terms of Service govern your use of the Smukeliso Sourcing Solutions website (smukeliso.com) and any professional services you engage us to deliver. By accessing this website or entering into a services engagement with us, you agree to be bound by these terms. If you do not agree, please discontinue use of this website.

These terms are governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Consumer Protection Act 68 of 2008 (CPA) where applicable.

2. About Us

Company: Smukeliso Sourcing Solutions (Pty) Ltd
Registration No: 2012/182035/07
Address: 155 West St, Sandown, Sandton, 2031
Email: consult@smukeliso.com

3. Website Use

You may use this website for lawful purposes only. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence under applicable South African law.

We reserve the right to restrict access to areas of this website, or indeed the entire website, at our discretion without notice.

4. Professional Services

Where you engage Smukeliso Sourcing Solutions to deliver professional services, the specific scope, deliverables, timelines, and fees will be set out in a written proposal or Statement of Work (“SOW”) agreed between us. In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail.

We will use reasonable skill and care in delivering all services. Our services constitute professional advice and analysis — we do not warrant specific commercial outcomes, as results depend on factors including client implementation and market conditions.

5. Client Obligations

To enable us to deliver services effectively, you agree to:

• Provide accurate, complete, and timely information as reasonably requested
• Make appropriate personnel available for engagements and reviews
• Obtain any necessary internal approvals before providing us with access to confidential systems or data
• Promptly notify us of any material changes that may affect the scope of work

6. Fees & Payment

Fees for professional services are set out in the applicable SOW or proposal. Unless otherwise agreed in writing:

• Invoices are payable within 30 days of the invoice date
• All fees are quoted exclusive of VAT
• Late payments may attract interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975
• We reserve the right to suspend services where payment is materially overdue

7. Intellectual Property

All content on this website — including text, graphics, logos, and methodology frameworks — is the intellectual property of Smukeliso Sourcing Solutions (Pty) Ltd or its licensors. You may not reproduce, distribute, or create derivative works from any content on this website without our prior written consent.

With respect to deliverables produced under a professional services engagement: upon full payment of all applicable fees, client-specific deliverables transfer to you. Our proprietary methodologies, tools, and frameworks remain the sole property of Smukeliso Sourcing Solutions.

8. Confidentiality

Both parties acknowledge that in the course of an engagement, each may receive confidential information belonging to the other. Each party agrees to:

• Keep all confidential information strictly confidential
• Use confidential information only for the purposes of the engagement
• Not disclose confidential information to third parties without prior written consent

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or regulatory authority.

9. Limitation of Liability

To the fullest extent permitted by South African law, Smukeliso Sourcing Solutions shall not be liable for:

• Indirect, consequential, or special loss or damage arising from use of this website or our services
• Loss of profits, revenue, contracts, or business opportunities
• Data loss or corruption beyond our reasonable control

Our aggregate liability in connection with any professional services engagement shall not exceed the total fees paid by you in the three months preceding the event giving rise to the claim.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

10. Third-Party Links

This website may contain links to third-party websites, including our Procurement Maturity Diagnostic Tool hosted externally. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage arising from your use of them.

11. Termination of Services

Either party may terminate a services engagement by providing written notice as specified in the applicable SOW. Upon termination:

• You remain liable for fees for work completed up to the termination date
• Each party will return or destroy the other’s confidential information within 30 days
• Provisions relating to intellectual property, confidentiality, and limitation of liability shall survive termination

12. Governing Law & Dispute Resolution

These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these terms or any services engagement shall first be referred to senior representatives of both parties for good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the jurisdiction of the courts of the Gauteng Division of the High Court of South Africa.

13. Amendments

We reserve the right to revise these Terms of Service at any time. Updated terms will be published on this page with a revised effective date. Continued use of this website following any changes constitutes your acceptance of the revised terms.

14. Contact Us

For any questions regarding these terms, please contact us at consult@smukeliso.com or write to us at 155 West St, Sandown, Sandton, 2031.