Legal
Terms of service
These terms apply to every engagement with Indigo Consulting unless a signed agreement says otherwise. Where a signed agreement and these terms differ, the signed agreement takes precedence.
Engagement and acceptance
An engagement begins when you accept a written proposal or pay an invoice for a part of the work. Scope, deliverables and duration are recorded in writing before that work begins.
Work outside an agreed scope is quoted separately and is not carried out without your written approval.
Fees and payment
- Fees are payable in advance unless the invoice says otherwise.
- Amounts are exclusive of value-added tax or equivalent, which is added where it applies. Each party accounts to its own revenue authority.
- Indigo Consulting's received payment is required to be for the full invoiced amount. The sender bears their own bank's charges, remittances, etc.
- All amounts are payable in full, without set-off, counterclaim, withholding or deduction.
- Interest accrues on overdue amounts at 10% per month, or the maximum permitted by law if lower, from the due date until payment.
- We may suspend the services while any amount remains overdue.
Confidentiality
Each party keeps the other's confidential information confidential and uses it only for the engagement. This continues after the engagement ends.
Personal information
Where we process personal information on your behalf we do so on your instructions and only for the engagement. We are subject to the Protection of Personal Information Act, 2013. Where your own customers are elsewhere, you remain the responsible party for their personal information and for the lawful basis on which it is collected. Our own handling of personal information is set out in the privacy policy.
Warranties and liability
We provide the services with reasonable skill and care. We do not warrant that any system will be uninterrupted or free of error, and we do not warrant the output of third-party platforms or artificial intelligence models that we do not control.
Neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue or data. Our total liability in connection with an engagement is limited to the fees you have paid us for that engagement in the twelve months before the claim arose.
Nothing in these terms excludes liability that cannot be excluded by law.
Term and termination
The diagnosis ends when the findings document is delivered. A build ends when its agreed milestones are delivered. The monthly service continues until either party ends it on 30 days' written notice, and the month in which notice is given is payable in full.
Either party may end an engagement immediately if the other commits a material breach and has not remedied it within 14 days of being asked to in writing.
Changes to these terms
We may update these terms. The version published on this page when your engagement begins is the version that applies to it.
Governing law
These terms are governed by the law of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts.
Questions about any of this go to indigo@indigocollective.ai.