These Terms of Service ("Terms") govern your use of the Suis Energy Consulting website and the consulting services provided by Suis Energy Consulting (Pty) Ltd ("Suis", "we", "our", or "us"), a company registered in the Republic of South Africa. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using our website, or by engaging Suis for consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms, you must discontinue use of our website and services immediately. We reserve the right to modify these Terms at any time. Continued use of our website or services following any changes constitutes your acceptance of the revised Terms.
If you are entering into a consulting engagement on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.
2. Services Description
Suis provides sustainable energy consulting services, including but not limited to:
- Solar energy system design, feasibility studies, and project management
- Wind power advisory services and site assessments
- Comprehensive energy audits for commercial and industrial facilities
- Battery storage system design and integration consulting
- Carbon footprint assessment and net-zero strategy development
- Smart grid integration and IoT-enabled energy monitoring solutions
- Regulatory compliance advisory and NERSA licensing assistance
The specific scope, deliverables, and timelines for each engagement will be outlined in a separate Statement of Work (SOW) or consulting agreement signed by both parties.
3. Consultation Process
All consulting engagements are subject to the following conditions:
- Scope of work: Each project will be governed by a written Statement of Work that clearly defines the scope, deliverables, milestones, timelines, and fees. Any changes to the scope require written agreement from both parties
- Client obligations: You agree to provide accurate and complete information, timely access to facilities and personnel, and any documentation reasonably required for us to perform the services
- Professional standards: We will perform all services with reasonable care and skill, in accordance with generally accepted industry standards and applicable South African regulations
- Confidentiality: Both parties agree to treat all confidential information shared during the engagement as strictly confidential and not to disclose it to third parties without prior written consent
- Timeline estimates: While we endeavour to meet all agreed timelines, delivery dates are estimates and may be affected by factors beyond our reasonable control, including delays in client approvals, third-party dependencies, or regulatory processes
4. Fees and Payment
The following payment terms apply to all consulting engagements unless otherwise specified in the Statement of Work:
- Fees: All fees are quoted in South African Rand (ZAR) and are exclusive of VAT unless explicitly stated otherwise
- Deposit: A deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon completion of the project or as specified in the payment schedule
- Invoicing: Invoices are issued in accordance with the payment schedule outlined in the Statement of Work. For ongoing engagements, invoices are issued monthly in arrears
- Payment deadline: All invoices are payable within 30 days of the invoice date. Late payments may incur interest at a rate of 2% per month on the outstanding balance
- Expenses: Reasonable travel, accommodation, and other out-of-pocket expenses incurred in connection with the engagement will be invoiced separately with supporting documentation
- Dispute resolution: Any invoice disputes must be raised in writing within 14 days of the invoice date. Undisputed portions of an invoice remain payable by the original due date
5. Intellectual Property
Unless otherwise specified in the Statement of Work:
- Suis IP: All methodologies, frameworks, tools, templates, software, and know-how developed by Suis prior to or independently of any engagement remain the exclusive intellectual property of Suis
- Client deliverables: Upon full payment of all fees, the client receives a non-exclusive, non-transferable licence to use the deliverables produced specifically for their project for internal business purposes
- Pre-existing materials: Any pre-existing intellectual property incorporated into deliverables remains the property of the respective owner
- Website content: All content on our website, including text, graphics, logos, images, and software, is the property of Suis or its content suppliers and is protected by South African and international copyright laws
- Restrictions: You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our website without our express written permission
6. Limitation of Liability
To the maximum extent permitted by South African law:
- Suis shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from the use of our website or services
- Our total aggregate liability for any claims arising from a consulting engagement shall not exceed the total fees paid by the client for that specific engagement
- We do not guarantee specific energy savings, financial returns, or project outcomes. All projections, estimates, and forecasts provided are based on available data and reasonable assumptions and are not guarantees of future performance
- We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, government actions, or pandemic-related restrictions
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including liability for fraud or wilful misconduct.
7. Indemnification
You agree to indemnify, defend, and hold harmless Suis, its directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of our website or services in violation of these Terms
- Any breach of your representations or warranties made under these Terms or any Statement of Work
- Your violation of any applicable South African law or regulation
- Any third-party claims arising from your use of the deliverables provided by Suis, except to the extent such claims result from our negligence or wilful misconduct
8. Termination
Either party may terminate a consulting engagement under the following conditions:
- Convenience: Either party may terminate the engagement by providing 30 days' written notice. The client shall be liable for all fees for work completed up to the termination date, plus any non-cancellable commitments made on the client's behalf
- Breach: Either party may terminate immediately if the other party commits a material breach of these Terms or the Statement of Work and fails to remedy such breach within 14 days of receiving written notice
- Insolvency: Either party may terminate immediately if the other party becomes insolvent, enters liquidation, or has a receiver appointed
- Effect of termination: Upon termination, Suis will deliver all completed work product to the client, subject to payment of all outstanding fees. Provisions relating to confidentiality, intellectual property, and limitation of liability survive termination
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
10. Dispute Resolution
Any disputes arising out of or in connection with these Terms shall first be submitted to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). If mediation fails to resolve the dispute within 30 days, either party may submit the dispute to binding arbitration under AFSA rules, or elect to institute proceedings in the High Court of South Africa, KwaZulu-Natal Division, Durban.
Both parties consent to the exclusive jurisdiction of the courts of KwaZulu-Natal, South Africa, for any legal proceedings arising from these Terms.
11. Amendments
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting a notice on our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.
12. Contact