SERVICE AGREEMENT – Werner Mouton Consulting
Effective Date: This Agreement becomes effective upon the Client’s acceptance as indicated by checking the designated box during the booking process on Acuity Scheduling, and confirmed upon successful booking of a Service Tier.
This Service Agreement ("Agreement") is made between:
Get Rad (PTY) Ltd t/a Werner Mouton Consulting (Hereinafter referred to as "Consultant," "we," "us," "our") Company Registration Number: 2018/565211/07 Registered Address: Blueberry Centre, Blueberry Road, Honeydew, 2040 Email: werner@wernermouton.com Website: www.wernermouton.com
And
The Client (The individual or entity booking the services, hereinafter referred to as "Client," "you," "your") Details as provided by the Client during the Acuity Scheduling booking process.
BACKGROUND: The Consultant provides strategic advisory services. The Client desires to engage the Consultant to provide such services, and the Consultant agrees to provide such services, according to the terms and conditions set forth in this Agreement and the Consultant’s General Terms and Conditions.
IT IS AGREED AS FOLLOWS:
1. Services to be Provided
1.1. The Consultant agrees to provide strategic advisory services ("Services") to the Client as per the specific Service Tier selected and booked by the Client through the Consultant’s Acuity Scheduling platform ("Booked Tier"). Work will be conducted within the timeframes specified herein and contingent upon Client cooperation as detailed in this Agreement.
1.2. The detailed descriptions, scope, deliverables, and pricing for each Service Tier (Tier 1: Strategic Kickstarter Call; Tier 2: Strategy Health Check & Roadmap; Tier 3: Comprehensive Strategy Co-Creation & Advisory) are provided on the Consultant’s website at www.wernermouton.com. The terms specific to the Booked Tier, as described on the website at the time of booking, are incorporated herein by reference.
1.3. This Agreement shall apply to the specific Booked Tier. Should the Client wish to engage the Consultant for a different or subsequent Service Tier, a new booking for that specific tier will be required, and this Agreement will apply to that new Booked Tier accordingly.
2. Acceptance of Agreement & Digital Signature
2.1. The Client acknowledges having read, understood, and agreed to the terms of this Service Agreement and the Consultant’s General Terms and Conditions (available at www.wernermouton.com) prior to booking any Service.
2.2. By checking the designated acceptance box during the Acuity Scheduling booking process for any Service Tier, the Client explicitly agrees to be bound by all terms and conditions contained in this Service Agreement and the General Terms and Conditions. This action shall constitute a valid and binding electronic signature of the Client, having the same legal force and effect as a handwritten signature.
3. Fees and Payment
3.1. The fees for the Booked Tier shall be as stated on the Consultant’s website at the time of booking.
3.2. Payment terms are as follows: a. Tier 1 (Strategic Kickstarter Call): Full payment of USD $125 is required at the time of booking. This payment is non-refundable. b. Tier 2 (Strategy Health Check & Roadmap) and Tier 3 (Comprehensive Strategy Co-Creation & Advisory): A non-refundable deposit of sixty percent (60%) of the total agreed service fee is required upon agreement to commence these services. The remaining forty percent (40%) balance is payable within five (5) working days after the final scheduled call or primary deliverable for that specific Booked Tier.
3.3. All payments are to be made in USD unless otherwise agreed in writing.
3.4. Further details regarding payment methods, late payments, and other financial terms are outlined in the General Terms and Conditions.
4. Project Timelines, Turnaround, and Client Cooperation
4.1. Tier 1 Services: The Tier 1 Strategic Kickstarter Call is a single session of approximately 45 minutes, scheduled as per the booking.
4.2. Tier 2 Services (Strategy Health Check & Roadmap): The Consultant aims to complete the active phase of the Tier 2 services within a maximum turnaround time of three (3) weeks from the date substantive work commences (typically after receipt of the deposit and all initial necessary information from the Client). This three-week period represents the maximum active timeframe the Consultant will dedicate to this Booked Tier for the agreed scope.
4.3. Tier 3 Services (Comprehensive Strategy Co-Creation & Advisory): The Consultant aims to complete the active phase of the Tier 3 services within a maximum turnaround time of six (6) weeks from the date substantive work commences (typically after receipt of the deposit and all initial necessary information from the Client). This six-week period represents the maximum active timeframe the Consultant will dedicate to this Booked Tier for the agreed scope.
4.4. Contingency on Client Cooperation: The turnaround times specified in clauses 4.2 and 4.3 are strictly contingent upon the Client’s prompt and timely provision of all necessary documents, materials, information, access, and feedback as reasonably requested by the Consultant.
4.5. Impact of Client Delays: Should the Client fail to provide necessary inputs or feedback within agreed or reasonable timeframes, the Consultant reserves the right to: a. Place the project on hold until such inputs are received. b. Extend the project timeline beyond the initially stated maximum turnaround. c. If delays are significant or repeated, propose a re-scoping of the project, which may include additional fees, or terminate the engagement as per the General Terms and Conditions.
4.6. The Consultant will make reasonable efforts to communicate expected timelines for Client inputs.
5. Term of Agreement
5.1. This Agreement shall commence on the Effective Date and shall continue until the completion of the services for the Booked Tier, subject to the project timelines outlined in Section 4, unless terminated earlier in accordance with the provisions of this Agreement or the General Terms and Conditions.
6. Client Responsibilities
6.1. The Client agrees to cooperate fully with the Consultant and to provide, in a prompt and timely manner, all necessary information, documents (for Tier 2 and Tier 3, via the secure file upload feature upon scheduling or as otherwise directed), access, and feedback reasonably required by the Consultant to perform the Services effectively and within the targeted turnaround times outlined in Section 4.
6.2. The Client is responsible for the accuracy and completeness of all information provided to the Consultant.
6.3. The Client agrees to participate in scheduled meetings and provide timely feedback as required for the progression of the Services. Failure to do so may impact project timelines as per Clause 4.5.
7. Confidentiality
7.1. Both parties agree to maintain the confidentiality of all proprietary or confidential information disclosed by the other party, in accordance with Clause 9 of the General Terms and Conditions.
8. Intellectual Property 7.1. Intellectual property rights related to the Services and any deliverables shall be governed by Clause 8 of the General Terms and Conditions.
9. Disclaimer of Guarantees
9.1. The Client acknowledges and agrees that the Consultant provides advisory services based on professional expertise and information available.
9.2. The Consultant makes no warranties or guarantees, express or implied, regarding the success, profitability, or any specific outcomes resulting from the implementation of any strategies, advice, or recommendations provided as part of the Services. The Client understands that business results are subject to numerous factors outside the Consultant's control. This is further detailed in Clause 6 of the General Terms and Conditions.
10. Limitation of Liability
10.1. The Consultant's liability in connection with this Agreement and the Services provided shall be limited in accordance with Clause 7 of the General Terms and Conditions.
10.2. In no event shall the Consultant’s total liability exceed the total fees paid by the Client for the specific Booked Tier giving rise to the claim.
11. Cancellation and Refunds
11.1. The cancellation and refund policy is detailed in Clause 4 of the General Terms and Conditions. Specifically, the Client acknowledges that: a. The fee for Tier 1 Services is strictly non-refundable. b. The 60% deposit for Tier 2 and Tier 3 Services is strictly non-refundable.
12. Governing Law and Dispute Resolution
12.1. This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of South Africa, as detailed in Clause 11 of the General Terms and Conditions.
13. Relationship to General Terms and Conditions
13.1. This Service Agreement is supplementary to, and should be read in conjunction with, the Consultant’s General Terms and Conditions, which are incorporated herein by reference.
13.2. In the event of any direct conflict between a provision of this Service Agreement and a provision of the General Terms and Conditions, the provision of this Service Agreement shall prevail for the specific Booked Tier, unless expressly stated otherwise.
14. Entire Agreement
14.1. This Agreement, together with the General Terms and Conditions and the description of the Booked Tier on the Consultant's website, constitutes the entire agreement between the Consultant and the Client with respect to the Services of the Booked Tier. It supersedes all prior communications, negotiations, understandings, and agreements, whether oral or written, between the parties.
15. Amendments
15.1. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties. However, the Consultant reserves the right to update the descriptions of Service Tiers on the website. The terms applicable will be those in effect at the time of booking a specific tier.
16. Notices
16.1. Any notices required under this Agreement shall be sent to the email addresses provided by each party (Consultant: werner@wernermouton.com; Client: email provided during booking).