Terms & Conditions

1. Acceptance of Terms

1.1 By accessing, browsing or using this website located at www.wagnerconsultancy.com (the “Site”) or by using any services, products, documentation, content or materials we provide (collectively, the “Services”), you agree to be bound by these Terms & Conditions (these “Terms”). If you do not agree to these Terms, do not access or use the Site or Services.

1.2 These Terms form a binding legal agreement between you (an individual or entity) (“you”, “your”, “User”) and Wagner & Company. If you enter into these Terms on behalf of an entity, you represent that you have the authority to bind that entity.

1.3 You confirm you are of legal age to form a binding contract in your jurisdiction. If you are under the minimum age required by applicable law, you may not use the Site or Services.

2. Definitions

2.1 “User Content” means any text, images, files, data, feedback, comments, reviews, forms, uploads or other material submitted by Users through the Site or Services.

2.2 “Confidential Information” means information designated confidential by either party or which ought reasonably to be considered confidential.

2.3 “Payment Processor” means any third-party processor we use to accept payments (e.g., Stripe, PayPal), who collects and processes payment information in accordance with its own terms.

3. Scope of Services / Use

3.1 We provide business consulting services as described on the Site. Any features, functionality or Service offered by us are subject to these Terms and any additional terms published on the Site and/or agreed upon within any legal contract.

3.2 We reserve the right to modify, restrict, suspend or discontinue the Site or any Service (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or Services.

3.3 You acknowledge and agree that all use of the Site and Services is at your own risk and discretion. You are responsible for ensuring that the Site and Services meet your requirements.

4. Account Registration, Access & Security

4.1 Where account registration is required to access certain areas or Services, you agree to provide accurate, current and complete information and to maintain and promptly update your account information.

4.2 You are responsible for maintaining the confidentiality of your account credentials (username, password) and are fully responsible for all activities that occur under your account. You shall notify us immediately of any unauthorized use of your account or any other breach of security.

4.3 We may suspend or terminate accounts that are inactive, fraudulent, in breach of these Terms, or where required to comply with applicable law or third-party terms.

5. User Content; Licenses & Restrictions

5.1 You retain ownership of User Content you submit. By submitting User Content you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual license to use, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Site and our business operations.

5.2 You represent and warrant that: (i) you own or control the rights to the User Content; (ii) the User Content is accurate; (iii) the User Content does not infringe any law, third-party rights or these Terms; and (iv) you have obtained all necessary consents for the submission and use of the User Content.

5.3 Prohibited Conduct: you will not post, upload or transmit any User Content or use the Site to: (a) breach any law or third-party right; (b) transmit malicious code or unsolicited commercial messages; (c) impersonate others; (d) post defamatory, abusive, obscene, pornographic or hateful content; (e) infringe intellectual property; or (f) otherwise misuse the Site. We reserve the right to remove or disable access to any User Content that violates these Terms.

6. Intellectual Property

6.1 All intellectual property rights in the Site and Services (including graphics, text, logos, images, designs, software, trademarks and trade names) are owned or licensed by us. Except as expressly provided in these Terms, no rights are granted to you in respect of our intellectual property.

6.2 Nothing in these Terms grants you any right to use our trademarks, logos, domain names, trade dress or any other brands.

7. Pricing, Payment & Refunds

7.1 Fees: where Fees are payable for Services, the applicable Fees, billing cycles and payment terms are set forth on the Site or in an invoice or contract or formal agreement. Fees are exclusive of taxes unless otherwise stated.

7.2 Payment: you agree to pay all Fees and applicable taxes in the currency indicated and by the payment methods we accept. You authorize us and our Payment Processors to charge your chosen payment method.

7.3 Refunds & Cancellations: refunds, returns and cancellations are subject to our Refunds Policy (if any) and applicable law. We may impose reasonable cancellation or administrative fees. For consumers in jurisdictions that provide mandatory refund rights, nothing in these Terms limits such statutory rights.

7.4 Failure to pay Fees may result in suspension of Services, collections action and charging of interest and collection costs to the extent permitted by law.

8. Disclaimers; No Warranty; Use at Own Risk

8.1 The Site, Services, content, documentation, tools and materials are provided “AS IS”, “AS AVAILABLE” and without warranties of any kind, whether express, implied or statutory, to the fullest extent permitted by law.

8.2 To the maximum extent permitted by law, we expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness or the results to be obtained from the use of the Site or Services.

8.3 We do not warrant that access to the Site will be uninterrupted, secure, error-free or free of harmful components. We are not responsible for your reliance on any content or advice found on the Site. You acknowledge that any reliance on such materials is at your sole risk.

8.4 You expressly acknowledge that the Services may include information and materials that are general in nature and not professional advice. Where specific professional advice is required (legal, medical, financial, technical), you should consult an appropriately qualified professional. You agree that we shall have no liability arising from your use of, or reliance on, any content or information provided via the Site or Services.

9. Limitation of Liability

9.1 To the fullest extent permitted by applicable law, our aggregate liability to you for any loss or damage arising from or in connection with these Terms or the use of the Site or Services, whether in contract, delict/tort (including negligence) or otherwise, shall be limited to the total Fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim. If no Fees have been paid, our liability shall be limited to an amount not exceeding $100.00 US.

9.2 We shall not be liable for any:
(a) indirect, consequential, incidental, special, exemplary or punitive damages;
(b) loss of profits, revenue, business, contracts, anticipated savings, goodwill or data; or
(c) losses resulting from third-party services, third-party websites, or links, regardless of whether such losses were foreseeable or we were advised of the possibility.

9.3 Some jurisdictions do not allow exclusion or limitation of liability for certain types of loss or damage. Where such exclusions or limitations are not permitted by applicable law, our liability will be limited to the greatest extent permitted by such law.

10. Indemnification

10.1 You agree to indemnify, defend and hold harmless Wagner & Company, its officers, directors, employees, agents, affiliates and partners (the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of applicable law or third-party rights; (c) User Content you submit; (d) your misuse of the Site or Services; or (e) any claim that your use of the Site infringes a third party’s rights.

10.2 We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will cooperate with our defence of such claim.

11. Termination & Suspension

11.1 We may, at our sole discretion, suspend or terminate your access to the Site or Services (including accounts) without liability and without notice if you breach these Terms, for security reasons, to comply with applicable law, or for any other reason.

11.2 On termination, all licenses and rights granted to you will immediately terminate and you shall cease all use of the Site and Services. Termination will not affect liabilities accrued prior to termination.

11.3 If you wish to terminate your account, follow the account cancellation process on the Site or contact us at info@wagnerconsultancy.com. Termination does not relieve you of your obligation to pay any unpaid Fees.

12. Data Protection & Privacy

12.1 Our processing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site and Services, you consent to the collection, use and transfer of your personal information as described in our Privacy Policy.

12.2 You are responsible for maintaining the confidentiality of any personal information you provide in your profile or through User Content and for the accuracy of such information.

13. Third-Party Services & Links

13.1 The Site may contain links to third-party websites, services, content or resources. We are not responsible for the availability of such external sites or resources, and do not endorse and are not liable for any content, advertising, products or other materials on or available from such sites or resources.

13.2 Use of third-party services (including Payment Processors, analytics, social media platforms) is governed by the third parties’ terms. We are not responsible for any third-party acts or omissions.

14. Confidentiality

14.1 Each party agrees not to use or disclose the other party’s Confidential Information except to the extent necessary to perform its obligations under these Terms or to comply with applicable law. The foregoing shall not apply to information that is (a) publicly available other than by breach of these Terms; (b) independently developed; or (c) lawfully obtained from a third party.

15. Notices & Communications

15.1 Notices to you will be sent to the email address you provide. Notices to us should be sent to: info@wagnerconsultancy.com or by registered post to our address. Notices are effective on the date of transmission (email) or on delivery (post) where proof of delivery exists.

16. Changes to Terms

16.1 We may amend these Terms from time to time. Material changes will be notified to you by posting an updated version on the Site with the updated “Last updated” date. Your continued use of the Site or Services after the notice period constitutes acceptance of the modified Terms.

17. Governing Law, Jurisdiction & Dispute Resolution

17.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, except to the extent that mandatory consumer protection laws in your jurisdiction provide otherwise.

17.2 Jurisdiction: Subject to the next paragraph, each party submits to the exclusive jurisdiction of the South African courts in respect of any dispute arising out of these Terms. If you are located in a jurisdiction that requires access to local courts (for consumer protection or other reasons), nothing in these Terms excludes your right to seek relief in your local courts.

17.3 Alternative Dispute Resolution: To the extent permitted and feasible, disputes may be referred to mediation or arbitration in South Africa in accordance with rules agreed between the parties. If arbitration is used, it will be final and binding, except where void under applicable law.

18. Consumer Rights & Mandatory Protections

18.1 If you are a consumer in a jurisdiction that grants mandatory statutory rights which cannot be excluded by contract, these Terms are subject to such mandatory provisions and nothing in these Terms shall be read so as to limit those rights.

19. Miscellaneous

19.1 Severability. If any provision is found invalid or unenforceable, such provision shall be severed and the remainder will continue in full force.

19.2 Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of any right.

19.3 Assignment. We may assign or subcontract our rights and obligations under these Terms (including in connection with a merger, sale, reorganisation or asset transfer). You may not transfer or assign your rights under these Terms without our prior written consent.

19.4 Entire Agreement. These Terms, our Privacy Policy and any other documents expressly incorporated by reference constitute the entire agreement between the parties relating to the Site and Services and supersede prior agreements.

19.5 Relationship of Parties. Nothing in these Terms constitutes a partnership, joint venture, employment or agency relationship between the parties.

20. Remedies & Emergency Relief

20.1 You acknowledge that breach of these Terms, including infringement of intellectual property or misuse of Confidential Information, may cause irreparable harm for which damages would be inadequate. In such cases, we may seek injunctive or equitable relief in addition to any other remedies available at law.

21. Contact Information

If you have questions about these Terms, please contact us at:

Wagner & Company
Email: info@wagnerconsultancy.com