Terms & Conditions.

These Terms and Conditions ("Terms") govern all ISO certification consulting, compliance advisory, audit, and related services provided by Elamilanga Consulting (Registration Number: 2022/647668/07), based in Midrand, Gauteng, South Africa ("Elamilanga", "we", "us", "our").

By engaging our services, signing a proposal or quote, or otherwise instructing us to begin work, you ("the Client") agree to be bound by these Terms. Please read them carefully before engaging our services. If you do not agree with any part of these Terms, please do not engage our services.

Elamilanga Consulting provides specialist ISO certification and compliance consulting services to businesses across South Africa, including Policy Development, Compliance Audits & Reviews, Risk Assessments, ISO Certification & Consulting (ISO 9001:2015, ISO 14001:2015, ISO 45001:2018 and ISO 27001:2022), Employee Policy Training, and Incident Response.

The exact scope, deliverables, timeline, and fees for each engagement are defined in a written quote or Engagement Letter agreed with the Client before work begins ("the Engagement"). Because every organisation's compliance needs differ by industry, size, and existing systems, we do not offer fixed, one-size-fits-all packages – every Engagement is quoted individually following a scoping consultation.

Most Engagements follow the process below, though the exact steps may be adapted to the Client's chosen standard(s) and current state of readiness:

1. Gap Analysis – assessing current practices against the requirements of the relevant standard(s).
2. System Development – developing or updating the policies, procedures, and documentation needed to close identified gaps.
3. Internal Audit – testing the new or updated management system before external review.
4. Certification Audit – supporting the Client through the independent certification body's audit.
5. Certification – the certification body issues certification once all requirements are satisfied.

This process, and the estimated timeline for each stage, will be set out in the Client's written quote.

Elamilanga Consulting is an independent ISO consultancy. We prepare, guide, and support Clients through the certification process, but we do not issue ISO certification ourselves. Certification is granted solely by an independent, accredited certification body, in accordance with that body's own audit findings and criteria.

To ensure the Engagement proceeds efficiently, the Client agrees to:

• Access: Provide timely and reasonable access to relevant personnel, records, systems, and premises required to complete the scoped work.
• Accuracy: Ensure that all information, documentation, and data supplied to Elamilanga is accurate, complete, and current.
• Point of Contact: Nominate a single point of contact responsible for coordinating feedback, approvals, and internal communication.
• Implementation: Implement and maintain, in good faith, the policies, procedures, and corrective actions recommended as part of the Engagement.
• Material Changes: Notify Elamilanga promptly of any material change to the Client's operations, structure, or regulatory environment that may affect the scope of work.

Elamilanga accepts no liability for delays or shortfalls in Engagement outcomes caused by the Client's failure to meet these responsibilities.

In the course of an Engagement, Elamilanga may have access to the Client's confidential business information, including financial records, operational processes, personnel information, audit findings, and other proprietary or sensitive material ("Confidential Information"). Both parties agree to:

• Use Confidential Information solely for the purposes of the Engagement.
• Not disclose Confidential Information to any third party without the other party's prior written consent, except where disclosure is required by law, requested by an accredited certification body as part of the certification process, or necessary to Elamilanga's own auditors, insurers, or professional advisors under equivalent confidentiality obligations.
• Take reasonable technical and organisational measures to protect Confidential Information against unauthorised access, loss, or disclosure.

This confidentiality obligation survives the termination or completion of the Engagement and continues indefinitely, except in respect of information that becomes publicly available through no fault of the receiving party. Where Confidential Information includes personal information of the Client's employees or other data subjects, the provisions of our Privacy Policy governing our role as an Operator under POPIA also apply.

All fees are quoted in South African Rand (ZAR) and confirmed in the Client's written quote or Engagement Letter prior to commencement of work.

Any work requested by the Client that falls outside the scope defined in the original quote or Engagement Letter – including additional standards, additional sites, extended audit support, or significant changes to the agreed scope – will be treated as additional work.

Elamilanga will provide a written quote for the additional work, which must be approved by the Client in writing before that work commences. Elamilanga is under no obligation to perform out-of-scope work without an agreed quote.

Upon receipt of payment in full for the relevant phase of an Engagement, the following ownership rights apply:

• Client Deliverables: Finished deliverables prepared specifically for the Client – including audit reports, gap analysis reports, policy documents, procedures, and training materials customised for the Client's business – become the property of the Client.
• Elamilanga's Methodology: Elamilanga retains all intellectual property rights in its underlying consulting methodology, templates, frameworks, training materials, checklists, and any other proprietary tools used to deliver the Engagement, whether or not they are reflected in the Client Deliverables. The Client may use these materials internally for their own compliance purposes but may not resell, sublicense, or distribute them to third parties.
• Client-Supplied Materials: All information, records, and materials supplied by the Client remain the Client's property.
• Portfolio Rights: Elamilanga reserves the right to reference the Client's business name and industry as a completed engagement in its marketing materials and portfolio (without disclosing Confidential Information), unless the Client requests otherwise in writing.

Elamilanga warrants that all services will be performed with reasonable professional skill, care, and diligence, consistent with generally accepted ISO consulting and auditing standards. The following disclaimers apply:

• Certification Outcomes: As set out in Section 04, we do not guarantee certification, specific audit results, or a specific certification timeline.
• Regulatory Change: Compliance standards, regulations, and certification body requirements may change after our Engagement concludes. Elamilanga is not responsible for maintaining the Client's compliance with standards updated after the Engagement ends, unless a separate ongoing retainer or maintenance agreement is in place.
• Accuracy of Client Information: Our findings, reports, and recommendations are based on the information, records, and access provided by the Client. We are not responsible for gaps, inaccuracies, or omissions in our deliverables resulting from incomplete or inaccurate information supplied by the Client.
• Third-Party Certification Bodies: We are not responsible for the decisions, findings, fees, or scheduling of any independent certification body engaged by the Client.

To the maximum extent permitted by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, Elamilanga's total liability to the Client in connection with any Engagement shall not exceed the total fees paid by the Client for the specific phase of the Engagement giving rise to the claim.

Elamilanga shall not be liable for any of the following, whether arising in contract, delict, or otherwise:

• Loss of revenue, anticipated profits, or business income
• Failure to achieve or maintain ISO certification
• Loss of business contracts, opportunities, or goodwill
• Regulatory fines, penalties, or sanctions imposed on the Client by any third party or authority
• Indirect, consequential, or special damages of any kind
• Damages arising from the Client's failure to implement or maintain recommended policies, procedures, or corrective actions

Nothing in these Terms excludes or limits liability for death or personal injury caused by our gross negligence, for fraudulent misrepresentation, or for any liability that cannot lawfully be excluded under South African consumer protection legislation.

Either party may terminate an Engagement by providing 14 days' written notice to the other party at the contact details specified herein.

• Client-Initiated Termination: If the Client terminates after work has commenced, the 15% deposit is non-refundable. Work completed at the point of termination will be invoiced at a pro-rata rate, with the deposit credited against the total.
• Elamilanga-Initiated Termination: If Elamilanga terminates due to the Client's material breach of these Terms (including non-payment, failure to provide required access or information, or abusive conduct), the commencement deposit will be retained and completed work will be invoiced accordingly.
• Effect of Termination: All work in progress will cease on the termination date. Completed deliverables will be transferred to the Client only upon full settlement of any outstanding invoices.

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the jurisdiction of the courts of Midrand, Gauteng, South Africa.

Before initiating formal legal proceedings, both parties agree to make reasonable good-faith efforts to resolve any dispute through direct negotiation. Should negotiation fail, either party may refer the matter to mediation or arbitration under the auspices of the Arbitration Foundation of Southern Africa (AFSA) before resorting to litigation.

For any queries regarding these Terms and Conditions, please contact us: