1. Compliance with the POPI Act

We are fully compliant with the Protection of Personal Information (POPI) Act, which mandates that personal information must be collected, processed, and stored responsibly. Your personal and business information will not be shared with any third parties without your explicit consent, except where required by law or in the performance of services agreed upon in your contract with us.

2. Collection of Personal Information

In the course of providing our services, we may collect personal information such as your name, business details, tax identification numbers, contact information, and financial records. This information is collected solely for the purpose of delivering accounting, tax, and financial advisory services and ensuring compliance with legal obligations.

3. Use of Personal Information

The information we collect will be used only for the purposes for which it was provided. This includes preparing tax filings, managing financial records, and ensuring compliance with SARS and other regulatory bodies. We may also use this information to communicate with you about updates to your service or important regulatory changes that may impact your business.

4. Confidentiality and Data Protection

We treat all client data with the utmost confidentiality. Your information is stored securely using encryption and other protective measures to prevent unauthorized access. Access to your data is restricted to authorized personnel within our firm, who are trained on the importance of maintaining client confidentiality.

5. Third-party Service Providers

We may utilize third-party service providers, such as cloud-based accounting software or payroll management systems, to assist in delivering our services. These providers are carefully vetted to ensure they comply with industry privacy standards and are equally committed to safeguarding your data. In all cases, these third parties will only have access to your information as required to perform specific tasks related to your service agreement.

6. Data Retention

We will retain your personal and financial information for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Once the information is no longer required, it will be securely deleted or anonymized to prevent any misuse.

7. Your Rights

You have the right to request access to the personal information we hold about you. You may also request corrections to any inaccuracies or ask for your information to be deleted, subject to any legal requirements for retaining certain records. To make such a request, please contact us directly, and we will respond within a reasonable timeframe.

8. Data Breach Notification

In the event of a data breach that may compromise your personal information, we will notify you promptly, as required by law. We will take all necessary steps to contain the breach and prevent further unauthorized access. You will be informed of the nature of the breach, the information involved, and any actions you should take to protect yourself.

9. Changes to the Privacy Policy

We reserve the right to update this privacy policy as necessary to reflect changes in our practices, legal obligations, or service offerings. Any updates will be posted on our website, and we encourage you to review the policy periodically to stay informed of how we protect your information.

10. Contact Us

If you have any questions or concerns about our privacy policy or how your personal information is handled, please contact us via email or phone, and we will be happy to address any queries.

Terms and Conditions

1. Payment Terms

All fees for our accounting and tax services are payable in advance unless otherwise specified in a written agreement. Our policy ensures the smooth continuation of services without delays due to unpaid invoices. Failure to settle an invoice by the due date may lead to the temporary suspension of services. We will provide written notice prior to such suspension, allowing you time to resolve any outstanding payments. In the event of persistent non-payment, legal steps may be taken to recover unpaid fees, and any costs related to such actions will be borne by the client.

2. Retainer Agreements and Pre-contract Work

When entering into a retainer agreement, the contract covers work moving forward from the date of the agreement. Any work that we have performed for periods prior to the contract date will not form part of the retainer and will be billed separately. For our retainer clients, this pre-contract work is charged at a discounted ad-hoc rate, reflecting our appreciation of your ongoing business relationship.

3. Review of Additional Work Requests

Our standard retainer agreements cover the scope of work as outlined during initial discussions. However, we recognize that businesses grow and change, and additional services may be required. Any requests for additional work will be carefully reviewed to determine whether they fall outside the scope of the original agreement. If additional work is deemed necessary, we will notify you in writing, including a detailed cost breakdown. Only upon your written approval will we proceed, ensuring complete transparency in billing.

4. Hourly-based Fee Structure

Our accounting and tax services are billed based on the actual hours worked. This approach ensures that you only pay for the time we dedicate to your business. As time goes on, and if we find that your accounting needs increase, we will notify you of the increased hours required and renegotiate the fees accordingly. This flexible billing structure allows us to adapt to your evolving business needs without compromising on the quality of our services.

5. Annual Escalation of Fees

All of our service packages, with the exception of the Embryo and Sprout packages, are subject to annual fee escalations. These escalations are typically reviewed at the end of the fiscal year, which falls on the last day of February. We will communicate any proposed escalations in writing, providing you ample time for discussion and negotiation. Annual fee adjustments are based on the complexity of the work required, inflation rates, and market trends, and we always aim to ensure our pricing remains competitive and fair.

6. Compliance and Penalty Disclaimer

While we are committed to ensuring that your business remains compliant with all relevant regulations, including those from SARS and CIPC, we do not cover the costs of penalties incurred by the business or the individual prior to or during our engagement. Our role is to guide you through the compliance process and minimize the risk of penalties, but ultimately, the responsibility for maintaining compliance with tax and regulatory requirements rests with the business owner.

7. Debit Order Payments and Bounced Payments

For retainer clients, payment is collected via monthly debit orders. It is important to ensure that there are sufficient funds in the bank account on the date of the debit order. If a debit order fails due to insufficient funds, we will charge a penalty fee of 2% of the debit order amount. This fee is charged under an incidental credit agreement in line with the National Credit Act (NCA). Repeated bounced payments may result in a review of the retainer agreement and possible suspension of services until payments are regularized.

8. Ad-hoc Services for Additional Businesses or Tax Matters

Should you, as a retainer client, require assistance with additional businesses or tax matters beyond the scope of your initial agreement, these services will be billed separately at a discounted ad-hoc rate. This ensures that we can provide tailored assistance while maintaining transparency in our billing practices. We will always provide a quote for ad-hoc work before commencing the additional services.

9. CIPC Annual Returns

The labour involved in preparing and submitting CIPC annual returns is included in your retainer fee. However, the actual payment required by CIPC for the submission itself is not included and will be invoiced to you separately. We will not proceed with the submission until the relevant CIPC fee has been paid, ensuring there are no unexpected costs to your business.

10. Legislative Changes and Ad-hoc Fees

As new legislation is introduced or amended throughout the year, such as Beneficial Ownership regulations or Financial Intelligence Centre (FIC) registrations, we will assist you with compliance for these changes. Since these are outside the scope of typical accounting services and cannot be predicted in advance, we will charge a discounted ad-hoc fee for our retainer clients when such updates arise. We are committed to keeping you informed of any legal obligations and ensuring your business remains compliant.

11. Service Limitations

Our services focus on providing accounting, tax compliance, and financial advisory solutions. We do not offer legal, investment, or insurance advice. If you require such services, we recommend consulting with professionals in those fields. While we aim to be a comprehensive partner in your business success, our expertise lies in accounting and taxation.

12. Client Responsibilities

As a client, you are responsible for providing accurate and timely information to enable us to perform our services effectively. Delays in providing necessary documentation may result in missed deadlines, which can lead to penalties or interest from regulatory bodies such as SARS or CIPC. We will not be held liable for any such penalties resulting from delays caused by the client’s failure to provide required information in a timely manner.

13. Termination of Services

Both parties have the right to terminate the service agreement with reasonable notice, which is typically 30 days unless otherwise agreed upon. Upon termination, we will provide a final invoice for any outstanding work, including any time spent completing tasks in progress. Should there be any outstanding payments at the time of termination, these must be settled before we release any final reports or documentation.

14. Limitation of Liability

While we take every precaution to ensure the accuracy and quality of our work, we cannot be held liable for any indirect, incidental, or consequential damages that arise from the use of our services. This includes, but is not limited to, missed filing deadlines, errors in financial reports, or penalties from regulatory bodies. Our liability is limited to the fees paid for the service in question.

15. Dispute Resolution

In the unlikely event of a dispute, we will first attempt to resolve the issue amicably through discussion. Should a resolution not be reached, the matter will be referred to arbitration as per South African law. Both parties will bear their own legal costs unless otherwise determined by the arbitrator.