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Terms of Service

Last updated: 1 January 2025  |  Effective Date: 1 January 2025

Please read these Terms of Service carefully before using the website or engaging the services of THE VIEW CONSULTING MAINTENANCE AND SOLUTIONS (PTY) LTD (Registration No: 2023/844330/07). By accessing our website or entering into a service agreement with us, you agree to be bound by these terms. If you do not agree, please do not use our website or services.

1. Definitions

  • "Company", "we", "us", or "our" refers to THE VIEW CONSULTING MAINTENANCE AND SOLUTIONS (PTY) LTD.
  • "Client", "you", or "your" refers to any individual or entity accessing our website or engaging our services.
  • "Services" refers to all engineering, maintenance, electrical, construction, and consulting services provided by the Company.
  • "Website" refers to the official website of The View Consulting.
  • "Agreement" refers to any written contract, purchase order, or service agreement entered into between the Company and the Client.

2. Acceptance of Terms

By using our website or engaging our services, you confirm that:

  • You are at least 18 years of age or a duly authorised representative of a legal entity.
  • You have the legal capacity to enter into binding agreements.
  • You accept these Terms of Service in full, without modification.
  • You will comply with all applicable South African laws and regulations.

3. Services Provided

The View Consulting provides professional engineering and technical services including, but not limited to:

  • Industrial and commercial maintenance services
  • Electrical installation, repair, and compliance services
  • Civil and structural construction services
  • Engineering consulting and project management
  • Safety, health, environment, and quality (SHEQ) compliance
  • 24/7 emergency maintenance and breakdown support

All services are subject to a formal written agreement, scope of work, and agreed pricing. The Company reserves the right to decline any service request at its sole discretion.

4. Quotations and Pricing

  • All quotations are valid for 30 days from the date of issue unless otherwise stated in writing.
  • Prices are quoted exclusive of VAT unless explicitly stated otherwise.
  • Quotations are based on information provided by the Client and may be revised if the actual scope of work differs.
  • The Company reserves the right to adjust pricing due to material cost fluctuations, site conditions, or changes in scope.
  • No work will commence until a written purchase order or signed agreement is received.

5. Payment Terms

  • Payment terms are as specified in the relevant invoice or agreement, typically 30 days from invoice date.
  • Late payments will attract interest at the prime lending rate plus 2% per annum, calculated monthly.
  • The Company reserves the right to suspend services for overdue accounts without liability.
  • All payments must be made in South African Rand (ZAR) unless otherwise agreed in writing.
  • Disputed invoices must be raised in writing within 7 days of receipt; undisputed portions remain payable.
  • The Company reserves the right to recover all reasonable legal and collection costs for overdue accounts.

6. Client Responsibilities

The Client agrees to:

  • Provide accurate, complete, and timely information required for the delivery of services.
  • Ensure safe and unobstructed access to the site or premises where services are to be performed.
  • Comply with all applicable health, safety, and environmental regulations on site.
  • Obtain all necessary permits, approvals, and authorisations prior to commencement of work.
  • Notify the Company immediately of any hazardous conditions, materials, or site-specific risks.
  • Designate an authorised representative to liaise with the Company throughout the project.

7. Intellectual Property

All intellectual property created by the Company in the course of providing services, including designs, drawings, reports, methodologies, and documentation, remains the property of THE VIEW CONSULTING MAINTENANCE AND SOLUTIONS (PTY) LTD unless explicitly transferred in writing.

The Client is granted a non-exclusive, non-transferable licence to use deliverables solely for the purpose for which they were created. Reproduction, distribution, or commercial exploitation of any Company intellectual property without prior written consent is strictly prohibited.

8. Confidentiality

Both parties agree to keep confidential all proprietary, technical, commercial, and sensitive information disclosed during the course of the business relationship. This obligation survives the termination of any agreement for a period of 5 years.

Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law or court order.

9. Warranties and Representations

9.1 Company Warranties

  • Services will be performed by qualified and competent personnel.
  • Work will be carried out in accordance with applicable South African standards and regulations.
  • Materials supplied will be fit for purpose and of acceptable quality.
  • A defects liability period of 90 days applies to completed works, unless otherwise agreed.

9.2 Exclusions

  • Warranties do not apply to defects caused by Client misuse, negligence, or unauthorised modifications.
  • The Company does not warrant uninterrupted or error-free operation of any installed systems.
  • Website content is provided 'as is' without warranties of any kind.

10. Limitation of Liability

To the maximum extent permitted by South African law:

  • The Company's total liability for any claim shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.
  • The Company shall not be liable for indirect, consequential, special, or punitive damages, including loss of profit, revenue, or business opportunity.
  • The Company shall not be liable for delays or failures caused by circumstances beyond its reasonable control (force majeure).
  • Nothing in these terms limits liability for death, personal injury caused by negligence, or fraud.

11. Force Majeure

The Company shall not be in breach of its obligations if performance is prevented or delayed by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, strikes, civil unrest, government actions, power outages, pandemics, or supply chain disruptions. The Company will notify the Client promptly and endeavour to resume performance as soon as reasonably practicable.

12. Termination

  • Either party may terminate a service agreement by providing 30 days' written notice, unless otherwise specified.
  • The Company may terminate immediately for non-payment, material breach, or insolvency of the Client.
  • Upon termination, the Client shall pay for all work completed and materials procured up to the termination date.
  • Termination does not affect any accrued rights or obligations of either party.

13. Dispute Resolution

In the event of a dispute, the parties agree to:

  • First attempt to resolve the matter through good-faith negotiation within 14 days of written notice.
  • If unresolved, refer the dispute to mediation through a mutually agreed mediator.
  • If mediation fails, submit to arbitration in accordance with the Arbitration Act 42 of 1965 (as amended).
  • Arbitration shall be conducted in Durban, KwaZulu-Natal, in the English language.
  • Nothing prevents either party from seeking urgent interim relief from a competent court.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of KwaZulu-Natal, South Africa.

15. Website Use

  • You may use our website for lawful purposes only.
  • You must not attempt to gain unauthorised access to any part of our website or systems.
  • You must not transmit any harmful, offensive, or unlawful content through our website.
  • We reserve the right to restrict or terminate access to our website at any time without notice.
  • Website content is for informational purposes only and does not constitute professional advice.

16. Amendments

The Company reserves the right to amend these Terms of Service at any time. Updated terms will be posted on this page with a revised effective date. Continued use of our website or services after such changes constitutes acceptance of the updated terms.

17. Severability

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with any signed service agreement or contract, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or understandings, whether oral or written.

19. Contact Us

For any questions regarding these Terms of Service, please contact us:

THE VIEW CONSULTING MAINTENANCE AND SOLUTIONS (PTY) LTD

39 Imvubu Park Place, Riverhorse Valley, Durban, 4017

Registration No: 2023/844330/07

Email: info@theviewconsulting.co.za

Tel: 031 035 0821