Terms and conditions

1. Who operates this site

As required by section 43 of the Electronic Communications and Transactions Act 25 of 2002:

• Legal name: Service with Flair (Pty) Ltd
• Legal status: Private company registered in the Republic of South Africa
• Registration number: 2016/285551/07
• Directors: Chris Daubert
• Physical address: Postnet Suite #26, Private Bag X1, Gansbaai, Western Cape, 7220
• Telephone: 010 630 0216
• Email: info@swflair.co.za
• Website: https://swflair.co.za
• Main business: B-BBEE consultancy and transformation advisory services
• Professional body: Member of the Association of B-BBEE Professionals (ABP)
• Dispute resolution: as set out in clause 12 below

2. Accepting these terms

By using this website you agree to these terms. If you do not agree to them, please do not use the site.

We may change these terms. The current version is always the one on this page, and the date at the top shows when it last changed. Continuing to use the site after a change means you accept the amended terms.

3. What this site is for

This website provides general information about B-BBEE, about the Codes of Good Practice, and about the services we offer. It is a source of general information and a way to get in touch with us.

4. It is not advice

This is the most important clause on this page, so it is stated plainly.

Nothing on this website is professional, legal, financial or accounting advice, and nothing on it should be acted on without advice specific to your circumstances.

That applies to every page, and specifically to:

• The scorecard explainer and the level checker. These are informational tools. The level checker applies the automatic levels the Codes give to Exempted Micro Enterprises and Qualifying Small Enterprises based on the answers you give. It does not verify anything, it cannot know whether a sector code applies to you, and it does not replace a sworn affidavit or a B-BBEE verification certificate issued by a SANAS-accredited agency.
• Articles and news items. These reflect our understanding at the date of publication. B-BBEE legislation, the Codes and the sector codes change. An article that was correct when written may no longer be.
• Downloadable documents. See clause 6.

A formal engagement with Service with Flair is created only by a signed written agreement between us. Using this site, submitting a form, or corresponding with us does not create one, and does not create a professional or fiduciary relationship.

5. Accuracy

We take reasonable care to keep this site accurate and current, but we do not warrant that it is. Information may become out of date, and errors are possible.

Where an article summarises material published by a third party — the dtic, the B-BBEE Commission, SANAS or another official source — that summary is our own work and our own interpretation. It is not endorsed by the source. Where a source is credited we link to the original, and the original prevails over our summary.

6. Downloadable documents

Affidavit templates and similar documents are made available for convenience. They are prescribed forms published by government departments and sector councils, and are not our work.

We do not warrant that any template on this site is the current version, that it is the correct one for your entity, or that it is complete. It is your responsibility to confirm that before you use it. A sworn affidavit is a legal document, made under oath, and the consequences of getting one wrong fall on the person who signed it.

Where a sector code applies to your business, the sector affidavit rather than the general one will usually be the correct form. If you are not sure which applies, ask us before you sign anything.

7. Copyright and intellectual property

All content on this website — text, articles, layout, design, graphics, code, the scorecard and ladder graphics, and the arrangement of it all — is the property of Service with Flair (Pty) Ltd or is used under licence, and is protected by the Copyright Act 98 of 1978 and by international copyright law.

The Service with Flair name, logo and the "Giving you the best service with a bit of flair" slogan are our trade marks.

You may: read the site, print or save a page for your own reference, and quote a short extract if you credit Service with Flair and link to the page it came from.

You may not, without our prior written permission:

• Reproduce, republish, distribute or sell any part of this site
• Use our content on another website, in a publication, or in a commercial document
• Use automated means to scrape, harvest or systematically extract content
• Use our content to train a machine learning model or to build a competing service
• Remove or obscure any copyright, trade mark or attribution notice
• Frame or mirror this site, or embed our images on another site

Third-party documents made available for download remain the property of whoever published them. Government forms are made available on that basis.

If you believe something on this site infringes your copyright, write to info@swflair.co.za with enough detail to identify the work and we will investigate promptly.

8. Acceptable use

You may not:

• Use this site for any unlawful purpose, or in a way that breaches the Cybercrimes Act 19 of 2020
• Attempt to gain unauthorised access to any part of the site, the dashboard, the server, or any connected system
• Probe, scan or test the vulnerability of the site, or breach or circumvent its security
• Upload anything containing a virus, worm, or other malicious code
• Submit false, misleading or fraudulent information through any form
• Impersonate any person or misrepresent your association with any entity
• Interfere with the site's operation or place an unreasonable load on the infrastructure

We may suspend or refuse access to anyone who breaches this clause, and we will report unlawful activity to the appropriate authority.

9. Documents you send us

When you upload a verification certificate or any other document, you warrant that you are entitled to do so and that doing so does not breach any confidentiality obligation or any third party's rights.

We use documents you send only for the purpose you sent them, and we handle them in accordance with our privacy policy. We do not claim ownership of them.

10. Links to other sites

Where we link to another website, we do so for convenience. We do not control those sites, we are not responsible for their content, availability or privacy practices, and a link is not an endorsement.

11. Limitation of liability

To the fullest extent permitted by law, and subject to clause 13:

• This website is provided "as is". We make no warranty, express or implied, that it will be uninterrupted, error-free, secure, or free of harmful components.
• We are not liable for any loss or damage — direct, indirect, incidental, special, consequential or punitive — arising from your use of, or inability to use, this website or anything on it.
• That includes loss of profit, loss of business, loss of anticipated savings, loss of data, loss of B-BBEE points or scorecard level, and loss arising from any decision taken in reliance on anything on this site.
• Where liability cannot lawfully be excluded, it is limited to the amount you have paid us, if anything, for the specific service to which the claim relates.

Nothing in these terms excludes or limits liability for fraud, for fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

This clause does not affect the terms of any signed engagement between us. Where a written engagement agreement exists, that agreement governs the services provided under it.

12. Governing law and disputes

These terms are governed by the law of the Republic of South Africa. The courts of South Africa have jurisdiction.

If a dispute arises, we ask that you raise it with us first at info@swflair.co.za. We will engage genuinely to resolve it. If we cannot, the parties may agree to refer the dispute to mediation before either institutes proceedings.

13. Consumer Protection Act

Where the Consumer Protection Act 68 of 2008 applies to a transaction between us, nothing in these terms is intended to limit or exclude any right you have under that Act, and these terms are to be read as subject to it.

Where the Electronic Communications and Transactions Act gives you a right to cancel an electronic transaction, that right is unaffected by these terms.

14. Privacy

Our handling of personal information is set out in our privacy policy, which forms part of these terms.

15. Severability and whole agreement

If any part of these terms is found to be unenforceable, that part is severed and the rest continues to apply.

These terms, together with the privacy policy, are the whole agreement between you and us in respect of your use of this website. They do not replace or vary any signed engagement agreement.

16. Contact

Service with Flair (Pty) Ltd
Postnet Suite #26, Private Bag X1, Gansbaai, Western Cape, 7220
Telephone: 010 630 0216
Email: info@swflair.co.za