General Terms and Conditions for Supply of Services
“Africa Analysis” includes Africa Analysis Team (Pty) Ltd and its subsidiaries.
“Client” means the person or entity identified as such in contract.
“Client Materials” means all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the deliverables or for some other use in connection with the services.
“Consultant” means Africa Analysis Team (Pty) Ltd, a company incorporated in South Africa (2008/019168/07) or its subsidiaries having its registered office at Building 26 Suite 10, Cambridge Office Park, 5 Bauhinia Street, Highveld Techno Park, Centurion, South Africa.
“Information” includes but is not limited to: analysis, insights, recommendations.
General Terms and Conditions
All legal transactions between the Africa Analysis and the Client shall be subject to these General Terms and Conditions exclusively.
Relationship of Parties
Nothing contained in this Agreement shall be construed as the establishment or creation of a relationship of master and servant or principal and agent between Africa Analysis and/or Africa Analysis’s employees and the Client, it being agreed that the position of Africa Analysis, and of anyone else performing any services under this Agreement, is that of an independent contractor.
Africa Analysis and its sub-contractors will use their best efforts in collecting the information published in reports prepared by it. Africa Analysis does not assume, and hereby disclaims any liability for any loss or damage caused by errors or omissions in their reports, whether such errors or omissions result from negligence, accident or other causes.
Accuracy of Information
The information provided by Africa Analysis is based on Africa Analysis’s reasonable efforts to compile and analyse the best sources reasonably available to Africa Analysis at any given time.
Any opinions reflect Africa Analysis’s judgment at the time and are subject to change.
You assume sole responsibility for the selection of the information to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the provided information.
You understand and agree that you are responsible for your use of the information, analysis, insights and recommendations provided by Africa Analysis. You agree to indemnify, defend and hold harmless Africa Analysis, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the information provided to you.
Africa Analysis will not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, and of Africa Analysis’s obligations in relation to the supply of services, if the delay or failure is due to any cause beyond the reasonable control of Africa Analysis.
If any provision of this Agreement is declared invalid by any tribunal, the remaining provisions shall not be affected thereby and shall remain in full force and effect.
Any claim relating to Africa Analysis’s services shall be governed by the laws of the South Africa without regard to its conflict of law provisions.