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Standard Terms and Conditions

1. INTRODUCTION

  • Any engagement between Carrington Consulting (Pty) Ltd (inclusive of, without limitation, its IRLTraining and IRLCoaching divisions) and any person or entity to which Carrington Consulting (Pty) Ltd may render services from time to time shall be subject to provisions set forth in these Standard Terms and Conditions.
  • Any person or entity to which services have been rendered to by Carrington Consulting (Pty) Ltd expressly warrants that he/she/it has read, understood and agreed to these Standard Terms and Conditions.
  • Carrington Consulting (Pty) Ltd reserves the right to the alter, amend and/or supplement these Standard Terms and Conditions from time to time. Any updated versions of these Standard Terms and Conditions shall be published on Carrington Consulting (Pty) Ltd’s official website.

2. DEFINITIONS AND INTERPRETATION

  • Save where the context clearly indicates a contrary intention, the following words bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
  • “Business Day/s” shall mean any day other than a Saturday, Sunday or official public holiday in RSA;
  • “Carrington Consulting” shall mean Carrington Consulting (Pty) Ltd, a private company incorporated with limited liability according to the laws of RSA, with registration number: 2023/795258/07;
  • “the Client” shall mean the person or company who has engaged Carrington Consulting for the provision of services;
  • “RSA” shall mean the Republic of South Africa;
  • “Terms and Conditions” shall means these Standard Terms and Conditions, which Terms and Conditions apply to any engagement between Carrington Consulting and the Client; and
  • “Written” or “in Writing” shall mean any type-written communications including electronic mail, provided receipt of any such communication is acknowledged and/or can be proved to have been received by the recipient.

 

In these Terms and Conditions:

  • clause headings are included for reference purposes only and shall not in any way affect or govern the interpretation or construction of these Terms and Conditions;
  • Unless the context clearly indicates a contrary intention, words importing:
  • any gender includes the other gender;
  • the singular includes the plural and vice versa; and
  • natural persons include juristic persons and vice versa;
  • if any provision in a definition is a substantive provision conferring rights or imposing obligations on the Client, notwithstanding that it is only in the definition and interpretation clause, effect shall be given to it as if it were a substantive provision in the body of these Terms and Conditions;
  • where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
  • when any number of days is prescribed by these Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or official public holiday in the RSA in which case the last day shall be the next succeeding Business Day; and
  • the rule of construction, that these Terms and Conditions shall be interpreted against the party responsible for the drafting and/or preparation hereof, shall not apply.

3. DURATION AND TERMINATION

  • These Terms and Conditions shall remain in full force and effect for the entire duration of the engagement between Carrington Consulting and the Client; and shall only lapse upon the expiry of any engagement term or in circumstances that any such engagement is terminated in accordance with these Terms and Conditions.
  • Notwithstanding any other provision of these Terms and Conditions, the engagement between Carrington Consulting and the Client may be terminated by either party upon 14 (Fourteen)  Business Days’ Written notice, provided that any purported termination by the Client shall only become effective once all of the service fees due and payable to Carrington Consulting have been settled in full.

4. SERVICES, PAYMENT TERMS AND REFUND POLICY

  • The scope of the services to be rendered by Carrington Consulting to the Client must be agreed to in Writing prior to the commencement of any such services.

Training for Entrepreneurs and Small Business Owners

  • The service fees applicable to each module (in-person and/or online) shall be payable in advance and facilitated by Carrington Consulting’s “online shop”.
  • In the event that the Client seeks to alter the date upon which any training session has been scheduled, such intended changes must be communicated to Carrington Consulting in Writing at least 14 (Fourteen) business days prior to the initially scheduled training session.
  • It is an express policy of Carrington Consulting for a minimum of five participants to participate in in-person training sessions. If, for whatsoever reason, there are fewer than five confirmed participants for any given in-person training session, Carrington Consulting reserves the right to reschedule the session in question to a mutually convenient date and time.

In the event of cancellations, the Client shall be entitled to:

  • a full refund if such cancellation is communicated to Carrington Consulting at least 14 (Fourteen) Business Days in advance of the training session; or
  • a 50% (Fifty Percent) refund if such cancellation is communicated to Carrington Consulting between 10 (Ten) and 13 (Thirteen)  Business Days in advance of the training session.
  • In the event that the Client requests an refund for training sessions booked as part of “bundle”, the discounts applicable to any such bundle shall cease to be of any force and effect and only the balance of the service fees shall be refundable.
  • Any refund payable to the Client shall be effected within 10 (Ten) Business Days from the date of the cancellation.
  • In the event that a cancellation takes places with less than 10 (Ten)  Business Days’ notice to Carrington Consulting, the Client shall not be entitled to any refund, save for in exceptional circumstances at the sole discretion of Carrington Consulting.

Coaching Sessions

  • The service fees applicable to coaching sessions shall be billed monthly in arrears and payable upon presentation of the applicable invoice.
  • The coaching sessions are managed via Carrington Consulting’s “booking app” and any rescheduling requests or cancellations must be communicated to Carrington Consulting at least 48 (Forty Eight) hours in advance of the coaching session in question.
  • The Client shall not be entitled to any refund should a coaching session be cancelled with less than 48 (Forty Eight) hours’ notice, save for in exceptional circumstances at the sole discretion of Carrington Consulting.
  • Any refund payable to the Client shall be effected within 10 (Ten) Business Days from the date of the cancellation.

Business Assessments and Business Consultations

  • The Client shall be furnished with a pro forma invoice prior to Carrington Consulting undertaking any business assessments/consultations.
  • A 50% (Fifty Percent) deposit is payable upfront before a business assessment/consultation will be scheduled. The balance of the service fees shall be payable on presentation of invoice immediately following any given business assessment/consultation.
  • The business assessment/consultations are managed via Carrington Consulting’s “booking app” and any rescheduling requests or cancellations must be communicated to Carrington Consulting at least 48 (Forty Eight) hours in advance of the business assessment/consultation in question.
  • Any refund payable to the Client shall be effected within 10 (Ten) Business Days from the date of the cancellation.
  • The Client shall not be entitled to any refund should a business assessment/consultation be cancelled with less than 48 (Forty Eight) hours’ notice, save for in exceptional circumstances at the sole discretion of Carrington Consulting.

5. GENERAL WARRANTIES

It shall be an intrinsic term of any engagement between Carrington Consulting and the Client that the following general warranties are tendered in favour of Carrington Consulting:

  • the Client has read, understood and accepted these Terms and Conditions prior to Carrington Consulting having rendered any services to the Client;
  • the Client shall exercise the utmost good faith in all dealings with Carrington Consulting during the term of any engagement; and
  • the Client shall, to the best of his/her/its knowledge, furnish Carrington Consulting with complete and accurate information as may be necessary and reasonably required for the provision of any services by Carrington Consulting.

6. INTELLECTUAL PROPERTY RIGHTS

  • All material available on Carrington Consulting’s website, and any material which may become available to the Client in the course of Carrington Consulting’s engagement with the Client, including the Client’s affiliates, subsidiaries, employees, agents and commercial partners, are protected to the full extent of Carrington Consulting’s intellectual property rights.
  • Nothing in these Terms and Conditions shall be construed as granting the Client a license or right to use any trademarks, service marks, logos, slogans or taglines owned by Carrington Consulting.
  • In addition to the aforegoing, all material produced by Carrington Consulting and transmitted and/or utlised by the Client as part of the services rendered by Carrington Consulting shall the remain the exclusive property of Carrington Consulting.

7. RETENTION OF RECORDS AND PERSONAL INFORMATION

  • Carrington Consulting shall retain such records pertaining to the Client as may be necessary or reasonably required to render any services to the Client.
  • Any training and/or coaching sessions undertaken by Carrington Consulting may be recorded and be retained as the sole and exclusive property of Carrington Consulting. Without derogating from the generality hereof, the Client shall be permitted access to and/or transmitted copies of these recordings upon request.
  • The Client acknowledges and agrees to have read, understood and accept the content of Carrington Consulting’s Privacy Policy, as is published on Carrington Consulting’s website and incorporated into these Terms and Conditions by reference.
  • Any and all personal information received by Carrington Consulting during the subsistence of any engagement with the Client shall be processed in accordance with the provisions of the Protection of Personal Information Act 4 of 2013.

8. NEWSLETTERS AND MARKETING MATERIAL

  • The Client will be entitled to “opt-in” the Carrington Consulting mailing list. The emails which the Client may receive from Carrington Consulting include, but are not necessarily limited to, services-related updates and promotional/marketing material.
  • Notwithstanding the above, the Client may opt out of any newsletters and promotional emails sent by Carrington Consulting by selecting the “unsubscribe” link contained in these emails.

9. INDEMNITY AND LIMITATION OF LIABILITY

  • Carrington Consulting shall at times endeavour to render the services to the Client in a professional manner with reasonable care and skill. Any advice rendered to the Client as part of any services rendered to the Client shall be intended solely for the Client and not constitute advice of whatsoever nature to any third parties.
  • Carrington Consulting shall not liable to the Client or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits or otherwise) arising as result of, without limitation, incomplete or inaccurate information furnished to Carrington Consulting, the Client’s negligence or any other cause generally in connection with the services rendered to the Client by Carrington Consulting.
  • Accordingly, the Client holds harmless Carrington Consulting, its subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the services rendered to the Client.

10. FORCE MAJEURE

Carrington Consulting shall not be liable for any delay or failure in performance due to events outside of Carrington Consulting’s reasonable control, including, without limitation, an act of God, natural disasters, war, political instability, and epidemics.

11. BREACH

In the event that the Client commits a breach of any provision of these Terms and Conditions and fails to remedy such breach within 5 (Five) Business Days from the date of Written notice from Carrington Consulting calling upon him/her/it to do so, Carrington Consulting shall, without prejudice to any other rights in law and in terms of these Terms and Conditions, have the right to immediately cease rendering any services to the Client, claim specific performance by the Client of its obligations at the date of default and to take whatever action as may be necessary to enforce its rights under these Terms and Conditions or the engagement with the Client generally.

12. DISPUTE RESOLUTION

In the event that a dispute arises out of or in relation to these Terms and Conditions, the dispute may be referred to an appropriate court of competent jurisdiction or, at the election of Carrington Consulting, to arbitration pursuant to the rules of the Arbitration Foundation of South Africa.

13. OFFICE HOURS AND NOTICES

  • Carrington Consulting’s office hours are between 08h30 – 17h00 on weekdays. All queries must be directed to [email address] or [telephone number] and will be responded to as soon as is reasonably possible.
  • Any notice and/or communication required in terms of these Terms and Conditions will only be valid and effective if is reduced to Writing.
  • All notices to be given in terms of these Terms and Conditions shall be delivered by default via electronic mail. If any such notice is delivered during business hours, it shall be deemed to be received on the date of successful transmission of the electronic mail. Any electronic mail sent after business hours or on a day which is not a Business Day will be presumed to have been received on the following Business Day.
  • Notwithstanding the aforegoing, any Written notice actually received by the Client shall be deemed to have been received by the Client.

14. GENERAL

  • These Terms and Conditions supersede all prior provisions, terms, conditions, stipulations, warranties or representations of any nature, whether express or implied, by Carrington Consulting.
  • No alteration, variation, amendment or purported consensual cancellation of these Terms and Conditions or any deletion therefrom shall be of any force or effect unless reduced to Writing and signed by the Carrington Consulting. A waiver of any right or remedy under these Terms and Conditions will only be effective if it is reduced to Writing by Carrington Consulting.
  • The Client shall not be entitled to cede, assign or otherwise transfer any of its rights, interests or obligations under and in terms of these Terms and Conditions without the prior Written consent of Carrington Consulting.
  • Any provision of these Terms and Conditions which contemplates performance or observance subsequent to termination or expiration of the engagement between Carrington Consulting and the Client shall survive any termination or expiration of the engagement with the Client and continue in full force and effect notwithstanding whether or not the relevant clauses expressly make such provision for same.
  • If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be severable from and shall not affect the validity and enforceability of the remainder of these Terms and Conditions.
  • The provisions of these Terms and Conditions shall be binding on any successor in title, executor, heir, liquidator, business rescue practitioner, curator or trustee, of the Client.
  • This Terms and Conditions and any dispute or claim arising out of or in connection with these Terms and Conditions shall be interpreted, governed and construed according to the laws of RSA.

Advertising Terms and Conditions

  • All prices exclude design/setup fees.
  • The cancellation notice is 30 calendar days.
  • Monthly subscriptions are non-refundable.
  • Annual subscriptions may be cancelled with 30 calendar days’ notice; any discounts applied will fall away, and the pro-rata balance will be refundable.
  • Please be aware that we will limit network partnerships to three companies per industry per geographic area.