Terms of Service

1. Introduction and acceptance

These Terms of Service ("Terms") govern your use of the website located at www.scalesofstrategy.co.za and, where applicable, the consulting and advisory services provided by Scales of Strategy Labour Consulting (Pty) Ltd.

By accessing our website or engaging us for services, you accept these Terms. If you do not accept them, please do not use our website or engage us.

2. About Scales of Strategy

Scales of Strategy Labour Consulting (Pty) Ltd is a private company incorporated under the laws of the Republic of South Africa, with its principal place of business in Gauteng. We provide specialist labour law and HR advisory services to organisations operating in South Africa.

Registration Number: [Company Reg. No. pending]
Contact: stacey@scalesofstrategy.co.za · 071 582 1325

3. Scope of our services

Subject to the terms of your specific engagement, we may provide:

• Labour law and HR advisory services;
• Drafting of employment contracts, workplace policies, and disciplinary codes;
• Representation at the CCMA and applicable Bargaining Councils, subject to the rules of those forums;
• Chairing of internal disciplinary and incapacity hearings;
• Advisory services on retrenchment and restructuring, including Section 189 and 189A processes;
• Payroll services integrated with labour law compliance;
• Related labour and HR advisory work agreed in writing.

The scope of any specific engagement will be set out in a written proposal, engagement letter, or other agreed document, which will form part of the agreement between us.

4. We are not attorneys

This distinction matters for three reasons:

• We provide labour advisory services, including interpretation of South African labour legislation in a practical context, drafting of workplace documents, and strategic advice on employment matters. This is what labour consultancies across South Africa do, and it does not require admission as a legal practitioner.
• We do not provide legal advice in the formal, attorney-client sense. Where a matter requires legal advice that only an admitted attorney or advocate can appropriately provide — for example, litigation strategy in the Labour Court or Labour Appeal Court, opinions on constitutional questions, or advice on matters outside labour law — we will recommend that you engage an appropriately qualified legal practitioner.
• No attorney-client relationship is created between us and our clients. Our relationship is contractual, governed by these Terms and the specific engagement agreed between us. Communications between us are subject to the confidentiality obligations in these Terms, but they do not enjoy legal professional privilege in the same way that communications with an attorney would.

Representation at the CCMA and Bargaining Councils is conducted in accordance with the rules of those forums, which permit representation by appropriately qualified persons who are not legal practitioners in specified categories of dispute.

5. Website use

The content on our website is provided for general information only and does not constitute legal advice. You should not rely on any content as a substitute for specific advice tailored to your circumstances.

You agree to use our website lawfully and not to:

• Use it in a way that disrupts its availability or security;
• Attempt to gain unauthorised access to any part of our systems;
• Use automated tools to scrape or harvest content;
• Reproduce, republish, or commercially exploit content from our website without our written consent.

6. Intellectual property

All content on our website — including text, images, layouts, logos, downloadable materials, and branding — is either owned by Scales of Strategy or used under licence. You may view and print content for your own personal or internal business reference, but you may not republish, redistribute, or commercially use any content without our prior written consent.

Official South African legislation, codes of good practice, and government publications referenced or reproduced on our website or in documents we distribute are not our intellectual property. Such materials are reproduced for reference purposes only and remain subject to the copyright arrangements applicable to official government publications.

Where we produce bespoke work product for a client (such as a drafted policy, a matter bundle, or a tailored advisory opinion), ownership of that work product is dealt with in the relevant engagement agreement. In the absence of a specific provision, the client is granted a perpetual, non-exclusive licence to use the work product for its internal business purposes.

7. Engagement for consulting services

Engagement of Scales of Strategy for consulting services is subject to our acceptance and to the agreement of a written scope of work, whether in the form of an engagement letter, proposal, retainer agreement, or exchange of correspondence recording the scope and terms.

Unless otherwise agreed in writing, engagements are provided on the following basis:

• Services are provided on a best-efforts basis, consistent with the standards of a reasonably competent labour consultant operating in South Africa.
• We do not guarantee any particular outcome. In particular, we cannot and do not guarantee the outcome of any CCMA, Bargaining Council, or Labour Court proceeding.
• We require honest, complete, and timely cooperation from clients, including access to relevant documents and witnesses. Failure to provide this may affect our ability to represent you effectively.
• We may decline to accept or continue an engagement where we consider the matter to fall outside our scope of competence, to present a conflict of interest, or to involve conduct we cannot in good conscience support.

8. Fees and payment

Fees for our services are agreed in writing at the outset of each engagement. Fee arrangements may include hourly rates, fixed-fee project work, monthly retainer packages, or hybrid arrangements, as agreed with you.

Unless otherwise agreed in writing:

• Invoices are payable within 14 days of date of invoice.
• Retainer fees are payable monthly in advance.
• Fees quoted are exclusive of VAT (where applicable) and disbursements.
• Reasonable disbursements incurred on your behalf (such as CCMA filing fees, travel, couriers, and specialist reports) are recoverable in addition to professional fees.
• Overdue accounts may attract interest at the prescribed rate under the Prescribed Rate of Interest Act.
• We reserve the right to suspend or cease work on any matter where invoices remain unpaid beyond 30 days.

9. Confidentiality

We treat information shared with us by clients and prospective clients as confidential. We will not disclose such information to third parties except:

• With your consent;
• As required for the conduct of the matter (including disclosure to the CCMA, Bargaining Council, opposing parties, or regulatory bodies);
• To our own professional advisers subject to equivalent confidentiality obligations;
• As required by law.

We expect the same standard of confidentiality from clients in respect of information we share in the course of an engagement, including our advice, work product, and commercial terms.

As noted in section 4, our confidentiality obligations are contractual and do not attract legal professional privilege.

10. Disclaimers and limitation of liability

To the maximum extent permitted by South African law:

• Our website is provided "as is" without warranties of any kind, whether express or implied.
• We do not warrant that the website will be uninterrupted, error-free, or free from viruses or other harmful components.
• General content on our website does not constitute advice, and we disclaim liability for any action taken in reliance on it.
• Our total aggregate liability arising out of or in connection with any consulting engagement — whether in contract, delict, or otherwise — is limited to an amount equal to the professional fees paid by the client to us in respect of the relevant matter in the 12 months preceding the event giving rise to the claim.
• We are not liable for indirect, consequential, or special damages, including loss of profit, loss of business opportunity, or reputational loss, howsoever arising.
• Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot lawfully be limited or excluded.

11. Termination

Either party may terminate an engagement on reasonable written notice, subject to any specific termination provisions in the engagement agreement. On termination:

• The client remains liable for fees and disbursements properly incurred up to the date of termination;
• We will take reasonable steps to hand over files and work product in an orderly manner;
• Provisions of these Terms which by their nature are intended to survive termination (including confidentiality, intellectual property, and limitation of liability) will survive.

12. Force majeure

Neither party is liable for failure or delay in performance caused by circumstances beyond their reasonable control, including acts of government, natural disaster, civil disturbance, or significant failure of telecommunications or power infrastructure. The affected party will notify the other as soon as reasonably practicable and use reasonable efforts to resume performance.

13. Governing law and jurisdiction

These Terms and any engagement agreement are governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the competent courts of the Gauteng Division of the High Court of South Africa in respect of any dispute arising out of or in connection with these Terms, without prejudice to our right to institute proceedings in any other court of competent jurisdiction where appropriate.

14. General

• Entire agreement: these Terms, together with any engagement agreement and our Privacy Policy, constitute the entire agreement between us in respect of their subject matter.
• Variation: we may update these Terms from time to time. The most current version applies, and the date of the last update is shown at the top of this page. Continued use of our website or services after publication constitutes acceptance of any changes.
• Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
• No waiver: any delay or failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision.
• Assignment: you may not assign your rights or obligations under these Terms without our prior written consent.

15. Contact

Questions about these Terms should be directed to: