SEQUESTRATE CONSULTING – TERMS OF BUSINESS

These terms and conditions (‘Terms’) will apply to the relationship between The Client and Sequestrate Consulting, in general, during our engagement, and to each specific Matter.

Sequestrate Consulting may vary these Terms from time to time and will notify The Client in writing when we do so.

Definitions, if not provided in the body of the Terms, are in paragraph 22.

1. IMPORTANT PARAGRAPHS

If The Client is a consumer, as defined in the Consumer Protec on Act 68 of 20 08 (‘Consumer Protec on Act’), Sequestrate Consulting has a duty to point out certain important terms to The Client.

The paragraphs that contain these important terms and reasons why they are important are set out below:

1.1      Limitation of our liability.  Paragraphs 5.5, 6.2, 10.4, 11, 12, 13, and 15.5 are important because they limit and exclude obligations, liabilities, and legal responsibilities that Sequestrate Consulting may otherwise have to The Client.

They also limit and exclude The Client’s rights and remedies and place various risks, liabilities, obligations, and legal responsibilities on The Client.

1.2      Assumption of risk.  Paragraphs 10.3 and 10.4 are important because they contain assumptions of risk by The Client and may limit The Client’s rights and remedies against Sequestrate Consulting.

1.3      Acknowledgment of fact.  Paragraphs 5.1 and 5.2 are important because they each contain an acknowledgment of fact by The Client.  The Client must read each paragraph carefully because they set out how monies are held on The Client’s behalf.

1.4      Indemnity.  Paragraph 13 requires The Client to indemnify (hold Sequestrate Consulting harmless) against claims that may be made against Sequestrate Consulting in certain circumstances – this may place various risks, liabilities, obligations, and legal responsibilities on The Client, and Sequestrate Consulting may claim payment from The Client of the amount of these claims.

2. GENERAL TERMS OF ENGAGEMENT

2.1        Scope of engagement.  The Client together with Sequestrate Consulting, will agree on the scope of our engagement for each Matter when necessary.

2.2        Our advice to The Client.  The engagement only creates rights and obligations between The Client and Sequestrate Consulting.  No other person: may rely on advice Sequestrate Consulting gives The Client; is intended to be protected by our advice or other Services and other obligations; or may enforce any term of The Client’s engagement with Sequestrate Consulting through any applicable law.

2.3        Taking instructions and duty of care.  The Client agrees that Sequestrate Consulting may take instructions from them and any other person whom Sequestrate Consulting reasonably believes has the authority to do so.  Our duty of care is only to The Client.  It does not extend to The Client’s holding company, subsidiaries, affiliated companies, or other third parties unless Sequestrate Consulting agrees otherwise in writing.

2.4        Time frames.  Sequestrate Consulting will take reasonable steps to complete our mandate and give The Client any deliverables in the timeframes agreed with The Client or as soon as is reasonably possible in the circumstances.

2.5        Updating advice.  Sequestrate Consulting will give The Client advice based on our understanding of the relevant statutes, case law, and practice at the time Sequestrate Consulting gives the advice.  Subsequent changes in law and practice may affect the advice, but Sequestrate Consulting is not obliged to update advice in line with these changes unless Sequestrate Consulting has specifically agreed with The Client to do so in writing.

3. FEES

3.1        Sequestrate Consulting will agree on our fees for any Matter with The Client at the appropriate time.

3.2   Fee estimate.  Any fee estimate Sequestrate Consulting gives The Client for a Matter is based on our knowledge of the Matter and our assessment at the time Sequestrate Consulting provides the Client with the estimate of the amount of work needed to fulfill our instructions.  If any of those assumptions, or our assessment, proves to be incorrect or The Client alters our instructions, the estimate may not be accurate.  An estimate is not definitive and is not an upper limit for our fees.

3.3   Reimbursements.  The Client must reimburse Sequestrate Consulting for:

• costs and charges for printing and copying (or similar services) and of counsel, experts, and accountants (or similar service providers), Sequestrate Consulting undertakes or engages on The Client’s behalf; and
• disbursements (third-party expenses, such as external search fees) and travel (or similar) expenses that Sequestrate Consulting incurs.

3.4   Travel time.  Our fees may include time spent traveling, on The Client’s instructions, for the purposes of the Matter.

3.5   VAT.  Where Sequestrate Consulting is required to charge VAT, Sequestrate Consulting will charge VAT in addition to any of the above amounts.  Any specific arrangement in an engagement lesser or other similar document pertaining to the applicable VAT rate (zero rate or the standard rate) is specifically incorporated into these Terms.

4. BILLING AND PAYMENT TERMS

4.1   Billing.  Sequestrate Consulting will bill at times arranged with The Client or otherwise at intervals Sequestrate Consulting considers appropriate for the Matter.  4.2   Payment and interest.  The Client must settle their account within 14 days.  Sequestrate Consulting may charge interest on amounts outstanding up to the legally allowed rate or exercise a lien over any documents or monies Sequestrate Consulting possesses regarding bills that are not paid within that time.

4.3   Withholding or similar tax.  The Client must pay all sums free of any withholding tax or other relevant deduction (a ‘Withholding’), except as required by law.  If the law requires a Withholding, The Client must pay Sequestrate Consulting such amount as will leave Sequestrate Consulting with the same amount Sequestrate Consulting would have received in the absence of a requirement to make a Withholding.

4.4   Ending the Engagement for a Matter.  If The Client informs Sequestrate Consulting that they have decided not to proceed with the Matter (at all or for the foreseeable future Sequestrate Consulting may submit our bill to The Client for all work undertaken.

5. THE CLIENT’S MONEY

5.1   Funds held on The Client’s behalf.  If Sequestrate Consulting holds The Client’s funds on deposit, or if Sequestrate Consulting has collected or received funds on The Client’s behalf, Sequestrate Consulting will apply them to settle any outstanding accounts The Client owes Sequestrate Consulting.

5.2   Liability.  As far as the law allows, Sequestrate Consulting will not be liable for any loss The Client may suffer arising from: 

• any act or omission of the banking institution concerned regarding any account;
• any inability, delay, or failure of the banking institution to repay the funds on demand;
• the identity or choice of banking institution or
• any interest or exchange rate fluctuation.

6. INTERNAL AND EXTERNAL RESOURCES

6.1   Appropriate Resources.  Sequestrate Consulting will involve our employees (including partners) as well as other third parties working for or with Sequestrate Consulting, whom Sequestrate Consulting considers appropriate for our engagement with The Client.  Our policy is to involve persons of an appropriate level of seniority to perform The Client’s mandate with regard to the nature of the work.

6.2   External Resources.  There may be times when Sequestrate Consulting needs to instruct advisers on The Client’s behalf (for example, local counsel in another jurisdiction).  Sequestrate Consulting does not accept liability for the acts, errors, omissions, or the fees of these advisers or service providers.

7.  INFORMATION AND DOCUMENTATION

7.1   Relevant and accurate information.  Sequestrate Consulting will perform our mandate based on the information The Client gives Sequestrate Consulting, and The Client agrees:

• to ensure that Sequestrate Consulting receives all the information that may affect our mandate, including any information about a change in circumstances that may influence the position;
• Sequestrate Consulting is not obliged to determine if the information The Client gives Sequestrate Consulting is accurate or complete;
• and unless The Client asks Sequestrate Consulting and Sequestrate Consulting agrees in writing, Sequestrate Consulting will not perform any audit, due diligence, or other procedures to verify information Sequestrate Consulting receives.

7.2   Draft Documents.  Sequestrate Consulting may send The Client drafts of documents Sequestrate Consulting produces, such as letters of advice or reports for The Client’s review while working on a Matter.  The Client cannot rely on a draft until Sequestrate Consulting finalizes its contents and confirms this in writing.

7.3   Conflict between finalized documents.  Multiple copies and versions of finalized documents may exist in different media.  In the case of any discrepancy, the signed hard copy version will prevail.

8. CONFIDENTIAL INFORMATION

8.1   Confidential information.  Sequestrate Consulting will respect the confidential nature of any information (‘Confidential Information’) The Client or The Client’s advisers give Sequestrate Consulting.

8.2   Disclosure.  Subject to paragraph 15, Sequestrate Consulting will not disclose any Confidential Information to anyone without The Client’s prior consent, except

• where the law, rules, or a court order requires Sequestrate Consulting to do so.  Sequestrate Consulting will only do this after Sequestrate Consulting has informed The Client and (where possible and permitted) taken action, at The Client’s cost, to contest the disclosure;
• to anyone (including any of The Client’s other advisers) who may be able to assist Sequestrate Consulting with the Matter, and Sequestrate Consulting believes it is appropriate for them to know the Confidential Information, taking into account The Client’s interests;
• to selected third parties such as suppliers of word processing, translation, waste disposal agencies, IT services, and other suppliers who assist Sequestrate Consulting in legal, finance, administrative, and other roles and who will or may have access to Confidential Information as part of their function.

8.3   Necessary disclosure.  If Sequestrate Consulting is required to disclose Confidential Information, such as in the situations above, Sequestrate Consulting will take all reasonable steps to secure and ensure The Client’s Confidential Information is protected.

8.4   Other clients.  Sequestrate Consulting owes a similar duty of confidentiality to all of our other clients (‘Other Clients’) as Sequestrate Consulting does to The Client.  Sequestrate Consulting will not disclose any information that Other Individuals give Sequestrate Consulting to The Client without their consent, even if the information is material to The Client’s Matter.  The Client agrees that Sequestrate Consulting does not owe a duty of disclosure to The Client in relation to such information.

8.5   Other matters.  There may be times when Sequestrate Consulting acts for Other Clients on matters where their interests differ from The Client and The Client’s Confidential Information is material to the Other Clients’ matters.  The Client agrees to our duty of confidentiality.  The Client will be satisfied by implementing appropriate safeguards in line with applicable law or practice.  The Client agrees that they will not seek to prevent Sequestrate Consulting from acting for Other Clients simply because Sequestrate Consulting holds The Client’s Confidential Information.

8.6   The Client’s duty of confidentiality.  Sequestrate Consulting may assume that The Client complies with all of The Client’s confidentiality obligations to third parties regarding any information disclosed to Sequestrate Consulting.

8.7   No instructions from The Client.  If The Client contacts Sequestrate Consulting about a potential matter but decides not to proceed, The Client agrees that Sequestrate Consulting may act for Other Clients whose interests may differ from The Client if Sequestrate Consulting protects The Client’s Confidential Information with the appropriate safeguards.

8.8   Sharing the Client’s Confidential Information.  Sequestrate Consulting may share The Client’s Confidential Information internally, including with any firm with which Sequestrate Consulting has entered into a joint venture, alliance, or collaboration arrangement, for:

• checking conflicts of interest between matters, or
• determining generally whether to accept instructions from The Client or another client.

9. CONFLICTS OF INTEREST

9.1   Conflict of interest procedures.  Sequestrate Consulting has procedures designed to prevent Sequestrate Consulting from acting for one Client in a matter where there is, or there is a significant risk of, a conflict of interests with another client (‘Conflict’).  If The Client is aware of a possible Conflict, please inform Sequestrate Consulting immediately.

9.2   Unrelated Matters.  Sequestrate Consulting is a full-service consulting firm that represents many clients, nationally and internationally, over a wide range of industries and businesses and in a wide variety of matters.  For this reason, Sequestrate Consulting may represent Other Clients whose interests may differ from The Clients or any of The Client’s affiliates on matters that are not substantially related to The Client’s Matters (an ‘Unrelated Matter’).

9.3   No disqualification.  If Sequestrate Consulting represents The Client or any of The Client’s affiliates in a Matter, this does not disqualify Sequestrate Consulting from representing Other Clients in any Unrelated Matter.  Sequestrate Consulting acting in Unrelated Matters does not breach any duty Sequestrate Consulting owes The Client or The Client’s affiliates if Sequestrate Consulting abides by the applicable laws.

9.4   Decision to Act.  If a Conflict arises, Sequestrate Consulting may decide to act for The Client, the Other Client, both or neither.  Sequestrate Consulting will determine this based on applicable laws, best practices and The Client’s and the Other Client’s interests and wishes.

9.5   The Client’s affiliates.  The Client agrees that each of The Client’s group companies (whether parent, subsidiary, affiliate, or holding company) shall be considered a separate entity for Conflicts purposes.  Our duties related to Conflicts only extend to group companies, which Sequestrate Consulting has agreed in writing to represent in a Matter.

9.6   Acting for multiple clients.  In certain cases, Sequestrate Consulting may have more than one Client actually or potentially interested in the same subject matter, transaction, or competing for the same asset (for example, the acquisition of a company being auctioned, a tender for a contract or proving claims in insolvency).  In such cases, Sequestrate Consulting is free to act for more than one Client in line with the relevant laws.

9.7   Fulfilling Different Roles.  If the Matter does not proceed, Sequestrate Consulting will protect The Client’s Confidential Information, but Sequestrate Consulting may take on other roles in relation to the Matter in accordance with the relevant rules of confidentiality.

10. COMMUNICATIONS

10.1   Communicating with The Client.  Unless The Client specifies otherwise, Sequestrate Consulting may communicate directly with The Client’s employees or The Client’s other advisers as Sequestrate Consulting considers appropriate and who Sequestrate Consulting reasonably believes is involved in the Matter and can assist Sequestrate Consulting with providing the Services to The Client.

10.2   Email communication.  Sequestrate Consulting will communicate with The Client and The Client’s advisers about the Matter (including Confidential Information) by email unless The Client instructs Sequestrate Consulting otherwise.

10.3   Follow up.  Email communications are not totally secure or error-free.  Sequestrate Consulting uses filtering software to reduce spam and harmful viruses entering our systems.  As there is a risk of filtering out legitimate correspondence, The Client should not assume that Sequestrate Consulting receives every email.  Please follow up important communications by phone, post, or fax.

10.4   Liability for viruses.  Sequestrate Consulting is not liable if our filtering software or other viruses or electronic protection does not function and The Client’s systems are infected by any email or other form of delivery of information (such as CD, DVD, memory stick, or via the internet) from Sequestrate Consulting.

10.5   Monitoring.  As far as the law allows, The Client agrees that Sequestrate Consulting may monitor electronic communications to ensure compliance with our legal and regulatory obligations and internal policies.

11. PROPORTIONALITY

11.1   Proportionate liability.  If Sequestrate Consulting is liable to The Client for any loss (including interest and costs) in respect of any breach by Sequestrate Consulting of our engagement or mandate, and another person or entity is also liable to The Client for the same loss, any compensation Sequestrate Consulting has to pay The Client will be reduced in proportion to the responsibility of the other person for the same loss (as set out in paragraph 11.2).

11.2   Extent of responsibility.  In determining the existence and extent of the responsibility of the other person or entity for the loss, no account will be taken of any agreement limiting the amount of damages that person or entity is liable for or any actual or potential shortfall in recovery of that amount (whether this is due to settling or limiting claims, or any other reason).

12. LIMITS TO OUR LIABILITY

12.1   Limits to our Liability.  As far as the law allows, our aggregate (total) liability (of any nature) to The Client or any third party will not exceed the proceeds of any professional indemnity cover Sequestrate Consulting actually receives or that our insurers pay to The Client.  If there is no professional indemnity cover or no proceeds from such professional indemnity cover are received by Sequestrate Consulting or paid to The Client, then our aggregate liability will be limited to three times the amount of our fees on the relevant Matter.

12.2   Liability of our individual employees.  The aggregate liability (of any nature) to The Client or any third party (as set out above) also applies to the liability of our individual partners, directors, employees, consultants, agents, or other persons acting for or controlled by Sequestrate Consulting or for whom Sequestrate Consulting are legally responsible.

12.3   Application as far as the law allows.  Nothing in these Terms excludes or restricts any liability to the extent that it may not be excluded or restricted by applicable law, regulation, or rules.

12.4   No individual liability.  The Client agrees that, regarding the Services Sequestrate Consulting provides The Client:

• The Client’s only contractual relationship related to any Matter or Services is with Sequestrate Consulting (not our individual partners, directors, employees, consultants, or agents); 
• as far as the law allows, no individual who is a partner, director, employee or, agent of, or consultant to Sequestrate Consulting accepts or assumes responsibility to The Client or to anyone else for Services Sequestrate Consulting provided to The Client.  This applies even if The Client granted them a direct Power of Attorney (for example, to represent The Client in litigation);
• The Client will not bring any claim in connection with the Services Sequestrate Consulting provides The Client, whether on the basis of contract, delict (including negligence), breach of statutory duty or otherwise directly, against any of our individual partners or directors or against any of our employees, agents or consultants; and
• this will not limit or exclude our liability for the acts or omissions of our partners, directors, employees, agents, or consultants.

13. INDEMNITY

13.1      As far as the law allows, The Client indemnifies Sequestrate Consulting against any claim made against Sequestrate Consulting by:

• any of The Client’s subsidiaries, associates, affiliates, or shareholders who may not have signed an engagement letter on these Terms or substantially similar terms and for whom Sequestrate Consulting performs a mandate; or
• any third party to whom The Client discloses our advice unless Sequestrate Consulting provides our written agreement for that third party to be able to rely on our advice to The Client.

14. CONSUMER PROTECTION ACT

14.1   If these Terms or any goods or services provided under these Terms are regulated by the Consumer Protec on Act, all the provisions in these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the Consumer Protec on Act.

14.2  No provision in these Terms:

• does or intends to limit or exempt Sequestrate Consulting from liability (including loss that resulted, directly or indirectly, from our gross negligence or deliberate default or that of any other partner, director, employee, or other person acting for or controlled by Sequestrate Consulting), so far as the law does not allow this limitation or exemption; or
• requires The Client to assume risk or liability for this kind of loss referred to in paragraph 14.2 so far as the law does not allow such an assumption of risk or liability.

15. ANTI-MONEY LAUNDERING AND SANCTIONS

15.1   Legal Requirements.  Various laws and regulations on anti-money laundering and terrorism apply to Sequestrate Consulting.  When Sequestrate Consulting asks The Client to give us relevant information to perform Know Your Client (KYC) or customer due diligence (CDD) checks (for example, verification of identity or evidence of source of funds), The Client must give Sequestrate Consulting this information promptly.

15.2   Reporting.  Sequestrate Consulting may have to report any suspicious activity to the relevant authorities and obtain their prior consent before continuing to act.  They may also prohibit Sequestrate Consulting from informing The Client that Sequestrate Consulting has made such a report (for example, a tip-off).

15.3   Sanctions.  Sequestrate Consulting is also subject to various sanctions regimes, which may be specific to certain jurisdictions, entities, or individuals.  These sanctions may be arms embargoes, other trade restrictions, or financial restrictions.  The Client must notify Sequestrate Consulting as soon as possible if The Client becomes aware that a Matter may lead to a breach of any sanction.

15.4   Cessation of Matter or Termination.  Where Sequestrate Consulting believes that our work on the Matter may involve a breach of anti-money laundering or terrorism law or regulation or any applicable sanction, Sequestrate Consulting may cease working on the Matter immediately and terminate our mandate.

15.5   No liability.  Sequestrate Consulting will not be liable to The Client for any loss, damage, or delay The Client may suffer as a result of our:

• ceasing to act in accordance with paragraph 15.4 above or
• fulfilling our statutory obligations so long as Sequestrate Consulting has acted in good faith.

16. DATA PROTECTION AND MARKETING

16.1   Data Subjects.  In providing Services to The Client, Sequestrate Consulting may process personal information about The Client, The Client’s owners, officers or employees, sub-contractors, consultants, or other similar parties (each a ‘Data Subject’).

16.2   Processing personal information.  Processing may include the transfer of information to our offices, third parties who process information for Sequestrate Consulting (as referred to in paragraph 8.2 above), and law enforcement agencies.

In processing personal information, Sequestrate Consulting agrees to comply with all relevant data protection laws and regulations.  Sequestrate Consulting agrees to ensure that third parties who process personal information for Sequestrate Consulting treat personal information as confidential, implement appropriate measures to ensure the protection of personal information and that they agree to comply with all relevant data protection laws and regulations.

16.3   Contacting Data Subjects.  Where Sequestrate Consulting is permitted, Sequestrate Consulting may contact a Data Subject (including by email) with marketing communications that Sequestrate Consulting believes may be of interest, on our own or in conjunction with another firm with which Sequestrate Consulting has entered into a joint venture, alliance or collabora on arrangement.

16.4   Ceasing communication.  Any Data Subject who does not wish to receive marketing information can at any time request that such communications cease by emailing Sequestrate Consulting at ursula@ursulagouws.co.za.  Marketing communications will not be sent to a Data Subject who has requested not to receive marketing communication.

16.5   Consent.  When The Client gives personal information to Sequestrate Consulting about any Data Subject to process for purposes of a Matter, The Client confirms that they have obtained the necessary consent from the Data Subject to share such information and for Sequestrate Consulting to process, including transfer personal information.  On certain occasions, in providing Services to The Client, The Client may provide Sequestrate Consulting with personal information of parties such as our clients or customers as necessary for purposes of the Services; in such situations, The Client confirms that they have obtained their consent or have the authority to share their information with Sequestrate Consulting and for Sequestrate Consulting to process the information.  The Client undertakes to comply with all relevant data protection laws and regulations.

16.6   Disclosures.  The Client agrees that Sequestrate Consulting may disclose that we are acting for The Client in our marketing and similar materials and, if in the public domain, the Matter on which Sequestrate Consulting has acted on or are acting on for The Client.

If the Matter is not in the public domain, Sequestrate Consulting may only disclose the Matter for marketing purposes in generic form (and without reference to The Client), unless otherwise agreed between The Client and Sequestrate Consulting.

17. TERMINATION

17.1   Termination by The Client.  The Client instructs Sequestrate Consulting separately in relation to each Matter.  The Client does not engage Sequestrate Consulting on a permanent basis, but The Client may terminate our engagement in any, some, or all matters at any time.

17.2   Termination by Sequestrate Consulting.  Sequestrate Consulting will stop acting on a Matter only with good reason in line with the relevant rules.  Sequestrate Consulting may do this; for example, if The Client does not pay an interim bill, The Client becomes insolvent, a Conflict arises, or our continuing to work on the Matter may have an adverse effect on our reputation.

17.3   Automatic Termination.  Unless terminated earlier, our engagement on each Matter will terminate 30 days after dispatch of our final bill.  As far as the law and relevant rules allow, Sequestrate Consulting will consider that the Matter has not proceeded, and our engagement will be terminated once:

• The Client informs Sequestrate Consulting that the Matter will no longer proceed;
• our engagement is otherwise terminated in accordance with these Terms or
• Sequestrate Consulting has had no instructions from The Client in relation to the Matter for 60 days.

17.4   In each case, The Client remains responsible for our fees and expenses for work done up to the point of termination.

18. DOCUMENT RETENTION

18.1   Destroying Documents.  Sequestrate Consulting may destroy our paper and (where possible) electronic files in line with our relevant policies seven years or more after sending The Client our final bill on the Matter.

18.2   Retrieving Documents.  If The Client or The Client’s other advisers request Sequestrate Consulting to retrieve any documents from storage, The Client will pay our reasonable costs, including time spent reading such documents, writing letters, or other work which Sequestrate Consulting, acting reasonably, deem necessary, to comply with such a request.

19. COPYRIGHT.

Sequestrate Consulting retains the copyright and all other relevant intellectual property rights in our work product.  The Client will have a license to review and make copies of the documents Sequestrate Consulting prepares for the purposes of the Matter but not (unless otherwise agreed) for Other Matters.

20. QUERIES AND DISPUTES

20.1   Queries and Disputes.  If The Client is dissatisfied with any element of our Service (including our charges), The Client should contact Sequestrate Consulting.  We will be happy to discuss the Matter with The Client.

20.2 Negotiation and Arbitration.  As far as the law allows, if Sequestrate Consulting is unable to resolve any dispute related to a Matter with The Client by negotiation, Sequestrate Consulting may refer the dispute to arbitration to be finally resolved in accordance with the Commercial Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.  The arbitration will be conducted in English in Sandton, Gauteng, South Africa.

20.3 Jurisdiction of the Courts.  Any dispute (including a dispute relating to any non-contractual obligation) will be subject to the arbitration procedure in paragraph 20.2 and be subject to the exclusive jurisdiction of the High Court of South Africa (Pretoria, Gauteng).

21. GENERAL TERMS

21.1   Conflict.  If there is any inconsistency between these Terms and any other terms and conditions agreed between The Client and Sequestrate Consulting, in writing, the written terms between The Client and Sequestrate Consulting will prevail.  If there is a conflict between these Terms and the investment mandate The Client signs with Sequestrate Consulting (under paragraph 5.3), the investment mandate will prevail.

21.2   Severability.  If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the remainder shall survive unaffected.

21.3   Governing law.  South African law will govern these Terms.

22. DEFINITIONS

In these Terms, the following words will bear the meanings given to them here:

22.1   Defini ons.  In these Terms, the following words will bear the meanings given to them here:

• ‘Matter’ means each Matter in which Sequestrate Consulting provides The Client with Services;’
• ‘Services’ means any advice, deliverable, product, information, or other obligation or Service Sequestrate Consulting performs or provides for a Matter;
• ‘The Client’ or ‘Client’ means the party who enters into an engagement with Sequestrate Consulting for a Matter and to whom Sequestrate Consulting provides the Services and such other persons as The Client and Sequestrate Consulting agrees shall be treated as a Client for the purposes of the Matter; and ‘Sequestrate Consulting, ‘‘our’ or ‘we’ means Sequestrate Consulting, a company registered in South Africa under number 2017/394043/07, whose registered office is at SPACES, Byls Bridge Office Park, Building 14 Block B, c/o Olievenhoutbosch Rd & Jean Ave, Centurion, Gauteng, 0157(if appropriate) its affiliated firms, alliance partners or other entities.

22.2   Singular and plural.  Words in the singular include the plural and the other way around.

22.3 Different forms of the same word.  Different grammatical forms of the same word have the same meaning.  (For example, to pay, paying, and paid).

22.4   General words are not limited.  Where Sequestrate Consulting uses general words to describe specific things that belong together, the general words can also mean other things.

22.5 References to ‘include’ and ‘including’.  The words ‘including’ or ‘include’ or ‘includes’ must not be interpreted as being limited to the list following after the word or excluding other items from a list following after the word.

22.6   Calculating days.  Where any number of days is given, those days are counted to exclude the first day but include the last day.

22.7 Reference to laws.  When there is a reference to a law or to a section of a law, Sequestrate Consulting means that law or section of that law as amended, repealed, or replaced from time to time.

22.8   References to persons.  Any reference to a person includes natural persons and juristic persons and the other way around.

Contact Us

If you have any questions about this Terms of Business, You can contact us:

By email: ursula@sequestrate.co.za
By visiting this page on our website: www.sequestrate.co.za
By phone number: +27 78 2633548