These terms apply to work carried out by Essa and Company, a division of Bhodla Nkomo Technologies (Pty) Ltd, for clients in South Africa. They are meant to be read in plain language, and nothing in them replaces what we agree with you in writing for a specific job.

What we do

We are a compliance and filing practice. We prepare and lodge statutory returns, registrations and applications with CIPC and SARS, and we act as your appointed representative in dealing with them on the matters you instruct us on.

What we are not

We are not attorneys and we do not provide legal advice or legal representation. We are not registered auditors and we do not perform audits or issue audit opinions. Where a matter needs a legal opinion, an audit or an independent review, we will tell you so and you should appoint someone qualified to give it.

Quotes and fees

We quote per job. A quote separates the statutory fee payable to CIPC or SARS, which we pass through at cost, from our own service fee. We do not begin work until you have accepted the quote. If the work turns out to be materially different from what was quoted, for example because more years are outstanding than you told us, we will stop and requote rather than carry on and invoice you for more.

Statutory fees are set by CIPC and SARS and can change without notice. Where a fee changes between quote and filing, the current fee applies.

What we need from you

We can only file what your information supports. You undertake that the documents and figures you give us are true and complete, and that you are authorised to instruct us in respect of the entity concerned. Where a filing depends on information only you hold, such as turnover or beneficial ownership, we file on the basis of what you tell us.

Turnaround

Any timeframe we give is our best estimate of our own work. CIPC and SARS turnaround is outside our control, as are system outages on their side, and we are not liable for delays caused by them. We will tell you promptly if something on their side is holding your matter up.

Deadlines

Statutory deadlines belong to you as the taxpayer, director or member. We will tell you what your deadlines are and remind you where we have agreed to, but engaging us does not transfer legal responsibility for a deadline. Where you instruct us late, or supply documents late, we cannot guarantee a filing will be made in time and penalties that arise from that remain yours.

Liability

We take responsibility for our own errors and will correct them at our cost. We are not liable for penalties, interest or losses arising from information you gave us that was incomplete or incorrect, from instructions given too late to act on, or from decisions taken by CIPC or SARS. Our liability for any single matter is limited to the service fee you paid us for that matter.

Confidentiality and your information

We keep your affairs confidential and handle your personal information as set out in our privacy policy, in line with POPIA.

Ending the engagement

Either of us can end the engagement in writing at any time. Work already done is payable. On request we will hand over your documents and tell CIPC and SARS that we no longer act for you.

Governing law

South African law governs these terms, and the South African courts have jurisdiction.