Terms of Service

These Terms of Service ("Terms") govern your use of the website located at capeglobalbpo.com and the professional services provided by Cape Global (Pty) Ltd ("Cape Global", "we", "us", "our"). By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Acceptance of Terms

By using our website, submitting an enquiry, or entering into a service agreement with Cape Global, you represent that:

• You are at least 18 years of age or are a duly authorised representative of a business entity
• You have the legal authority to enter into this agreement on behalf of yourself or the entity you represent
• All information you provide to us is accurate, current, and complete

2. Services

Cape Global offers professional accounting, bookkeeping, payroll management, tax compliance, and HR consultancy services. A full description of our services and packages is available on our website. Specific services rendered to a client are governed by a separate Engagement Letter or Service Agreement, which forms part of these Terms.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to existing clients. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services, provided reasonable notice has been given.

3. Engagement & Onboarding

Engagement of our services commences upon:

• Acceptance of a written proposal or quote issued by Cape Global, and
• Execution of a signed Engagement Letter or Service Agreement, and
• Receipt of the initial setup fee (if applicable) or first monthly payment

We require clients to complete a Know Your Client (KYC) onboarding process in accordance with applicable South African legislation, including FICA (Financial Intelligence Centre Act). We reserve the right to refuse or terminate an engagement if a client fails to provide the required documentation.

4. Fees & Payment Terms

4.1 Monthly Packages: Monthly service fees are invoiced in advance at the beginning of each calendar month. All fees are quoted exclusive of VAT. VAT at the applicable rate will be added to all invoices.

4.2 Payment Due Date: Invoices are payable within 7 (seven) calendar days of the invoice date, unless otherwise agreed in writing.

4.3 Late Payments: Accounts overdue by more than 14 days may be subject to interest at the prime lending rate plus 2% per annum, calculated daily. Cape Global reserves the right to suspend services for accounts overdue by more than 30 days without liability for any resulting penalties, interest, or losses arising from the suspension.

4.4 Price Changes: We may revise our fees with 30 days' written notice. Continued use of our services after the effective date of the price change constitutes acceptance of the new fees.

4.5 Disputed Invoices: If you dispute any portion of an invoice, you must notify us in writing within 7 days of the invoice date. Undisputed amounts must still be paid by the due date.

5. Client Obligations

To enable us to perform our services effectively, you agree to:

• Provide all requested financial records, documents, and information in a timely and accurate manner
• Notify us immediately of any changes to your business structure, ownership, or regulatory status
• Maintain records as required by applicable South African tax and commercial legislation
• Ensure that authorised representatives are available to approve and sign off on statutory submissions within required timeframes
• Cooperate with our reasonable requests in connection with any SARS, CIPC, or regulatory enquiry

Cape Global is not liable for penalties, interest, or losses arising from your failure to provide information, documents, or approvals by any required deadline.

6. Intellectual Property

All content on this website, including text, graphics, logos, icons, design elements, and software, is the exclusive property of Cape Global (Pty) Ltd or our licensed content providers and is protected by applicable South African and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on this website without our prior written consent. Financial reports, management accounts, and other deliverables produced for you as part of our services remain the property of the client upon full payment of all outstanding fees.

7. Confidentiality

Cape Global treats all client information as strictly confidential. We will not disclose your financial, business, or personal information to any third party except:

• As required by applicable law or by order of a court or regulatory authority
• With your express written consent
• To service providers engaged by us under strict confidentiality obligations (as described in our Privacy Policy)

This confidentiality obligation survives the termination of our engagement.

8. Disclaimer of Warranties

Our services are provided on a professional best-efforts basis. While we aim for the highest standards of accuracy and compliance, Cape Global does not warrant that:

• Our services will be error-free or uninterrupted
• Any tax outcome, SARS assessment, or regulatory decision will be in your favour
• Information on our website is complete, accurate, or current at all times

Nothing in these Terms limits our liability for professional negligence as defined under applicable South African law.

9. Limitation of Liability

To the maximum extent permitted by South African law, Cape Global's total aggregate liability to you in connection with our services shall not exceed the total fees paid by you to Cape Global in the 3 (three) months immediately preceding the event giving rise to the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

10. Termination

10.1 By You: You may terminate our services with 30 days' written notice. All outstanding fees for services rendered must be settled in full upon termination.

10.2 By Cape Global: We may terminate or suspend services immediately, without notice, if you breach these Terms, fail to pay outstanding invoices, or engage in conduct that is unlawful or harmful. We may terminate services with 30 days' written notice for any other reason.

10.3 Effect of Termination: Upon termination, we will provide you with all completed work product and facilitate a reasonable handover period. Confidentiality obligations survive termination indefinitely.

11. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or our services, the parties agree to attempt resolution through good-faith negotiation within 30 days of written notice of the dispute. If the dispute cannot be resolved through negotiation, the parties agree to submit to mediation facilitated by the Arbitration Foundation of Southern Africa (AFSA) before resorting to litigation.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of the Western Cape, South Africa, for the resolution of any disputes not resolved through alternative dispute resolution mechanisms.

13. Website Use

You agree not to use our website to:

• Transmit any unsolicited commercial communications (spam)
• Engage in any data scraping, crawling, or harvesting without our consent
• Attempt to gain unauthorised access to any part of our systems
• Post or transmit any harmful, defamatory, or unlawful content

We reserve the right to restrict or terminate your access to the website at any time for any breach of these conditions.

14. Amendments

Cape Global reserves the right to amend these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by direct communication. Your continued use of our website or services following any changes constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, please contact: