SERVICES ENGAGEMENT LETTER
- “the Act”- The Income Tax Act 58 of 1962 as amended from time to time as well as any regulations thereto;
- “Parties” – collectively shall mean Stratfin and the Client and “party” shall mean either one of them
- “the Services” – shall mean the services to be performed by Stratfin as detailed in clause 5 as well as such other services as may be agreed upon by the Client and Stratfin from time to time;
- “Service Fee” – shall mean the fee to be paid by the Client for the Services in accordance with clause
- “Stratfin” - shall mean Stratfin Solutions (Pty) Ltd (Reg 2018/039455/07);
- This letter sets out the terms and conditions on which Stratfin is hereby appointed by the Client to provide the Services in return for the Service Fees, which appointment Stratfin hereby
3. Scope of Engagement
- Stratfin will assist the Client in claiming disability benefits allowed under the Act.
- Stratfin agrees to render the services in a professional manner with the reasonable care, diligence and skill with due regard to the nature of the Services and as could be expected from a similarly qualified professional, with a similar set of skills and competencies and experience.
- The personnel employed by Stratfin in connection with the rendering of Services will be persons skilled and knowledgeable in the provision of the Services to the
- This Agreement shall commence on the date of signature and will be for the following Tax periods 2023, 2022, 2021, 2020, 2019, 2018, 2017 and any other earlier periods if possible. The agreement will terminate by mutual
5. Advisory Services
- Stratfin agrees and undertakes to render the following Services to the Client:
- Ensuring that it and its personnel familiarise themselves with the financial, medical and tax affairs disclosed to it by the Client;
- Advising and assisting the Client in applying for and receiving benefit on disability expenses as per Section 18(1)(d) of the Act for qualifying dependents;
- While performing the services, Stratfin agrees to comply with any applicable laws, the Client’s reasonable instructions, standard procedures and
6. Client’s Obligations
- The Client shall –
- Provide Stratfin with the required information to enable it to properly perform the Services in terms of this Agreement;
- Provide reasonable assistance to Stratfin in its performance of the Services.
7. Service Fees
- The Service Fee shall be 20% (Twenty Percent) of the total amount received from SARS. If there is no refund no Service Fee will be charged.
- Should Stratfin be required to perform additional services, these shall be quoted for and agreed to prior to
- Payment of the Service Fee plus VAT is due and payable by the Client to Stratfin within 7 (seven) days of receipt of a tax invoice from
7.4 Should the Client dispute any aspect of an invoice submitted by Stratfin, the Client shall give notice with reasons before the due date for payment and shall not delay payment of the undisputed amount.
The Client hereby indemnifies and holds harmless Stratfin against all liabilities, damages, costs and expenses whatsoever incurred or suffered by the Client arising directly or indirectly from or in connection with the Services or the Client's express or implied instructions in relation to the Services and in particular, but without limitation to the generality of the foregoing, in respect of any liability whatsoever which may be incurred.
- During the course of the Agreement, the Parties shall disclose to one another, will acquire and have access to each other’s confidential information, including but not limited to the following matters, (all of which are referred to as “Confidential Information”):
- The strategies and business models used by Stratfin to implement the Services;
- The financial details relating of the Parties
- Information relating to the Parties’ business activities, business relationships, products, services, processes, data, and employeeDetails of the Parties’ structures and operating structures;
- Intellectual property, information or any material that has or could have commercial value, agreements and presentations;
- The matters which relate to the business of the Parties in respect of which information is not readily available in the ordinary course of business to competitors of the Parties
- All Confidential Information disclosed by one Party (“the disclosing party”) to the other (“the receiving party”) or which otherwise comes to the knowledge of the receiving party, is acknowledged by the receiving party –
- To be proprietary to the disclosing party or where applicable, the relevant third-party proprietor; and
- Not to confer any rights of whatsoever nature in such Confidential Information on the receiving
- The receiving party agrees to –
- Store and handle the Confidential Information in such a way as to prevent unauthorised disclosure;
- Fully bear the responsibilities and liabilities for all acts of its employees, officers, professional advisors, agents, consultants and affiliates who have access to the Confidential Information
- Without prejudice to the other rights of the disclosing party, in the event of unauthorised disclosure or use of the Confidential Information occurring, the receiving party shall use all reasonable endeavours to assist the disclosing party in recovering and preventing the use, dissemination, sale or other disposal of such Confidential Information
- The Parties undertake, in order to protect the Confidential Information:
- That they shall not, during the period in which the Services are provided or at any time thereafter, either use or directly or indirectly divulge or disclose to others (except to the extent necessary to perform the Services) any of the Confidential
- Take all such steps as may be reasonably necessary to prevent Confidential Information from falling into the hands of unauthorised third parties;
- To surrender, on demand, or in any event on termination of the Agreement for any reason whatsoever, any written instructions, notes or records relating to the Confidential Information which are made by the Parties, or which come into the Parties possession and which shall be deemed to be the property of the Parties, and the Parties shall not be entitled to retain any copies of or extracts from such documentation or records.
- The Client’s confidential information shall exclude information which:
- At the time of disclosure thereof to Stratfin, is already lawfully in the possession of Stratfin and is free of restriction on disclosure and use thereof by any other party;
- After disclosure thereof to Stratfin, lawfully disclosed to Stratfin by any third party, free of restriction on disclosure and use; and
- Is or becomes generally available to the public in printed publications of general circulation through no act or omission on the part of
- Any information or data disclosed by a Party to the other Party shall be solely used for the performance of the Services and for no other
- It is recorded that pursuant to its performing the Services under this Agreement, that Stratfin will process Personal Information of the Client’s employees. Stratfin shall Process the Personal Information only in compliance with Data Protection Laws and shall treat the Personal Information that comes to its knowledge or into its possession as Confidential Information.
- The provisions of this clause 9 shall survive the termination of this Agreement for whatever reason without limit in
10. Dispute Resolution
- The Client shall not be entitled to withhold payments of any amounts by reason of any dispute with Stratfin, whether in relation to Stratfin’s performance or lack of performance or otherwise. Any dispute shall be dealt with by means of
- If negotiation fails, the Parties shall refer any dispute concerning the Service Fee payable to an independent auditor whose appointment shall be agreed to by the
- In the event of the failure of negotiation to resolve a dispute which does not relate to the Service Fee payable, the Parties shall refer such dispute for resolution by arbitration. The arbitration shall be referred as an expedited arbitration under the then current rules for expedited arbitration of AFSA. If the parties cannot agree on any arbitrator within a period of 10 (ten) business days after the referral, the arbitrator will be appointed by the Secretariat of AFSA.
- The Parties agree that there shall be no appeal of the decision of the arbitrator or independent auditor and whose decision shall be final and binding.
- This clause 8 will not preclude any party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict pending finalisation of this dispute resolution
- This clause is a separate, divisible agreement from the rest of this Agreement and shall remain in effect even if the Agreement terminates, is nullified, or cancelled for any reason or
This agreement shall be interpreted and implemented in accordance with the laws of South Africa. Each of the parties hereby consents and submits to the non- exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division.
12. Notices and Domicilia
- All notices, demands, communications or payments intended for any party shall be made or given at such party's chosen domicilia citandi et executandi for the time being:
- Stratfin Solutions (Pty) Ltd
__43 11th Road, Kew__________
13.2 The parties hereto shall be entitled to change their domicilia from time to time, provided that any new domicilia selected shall be an address, other than a box number and any such change shall only be effective upon receipt of notice in writing by the other party of such change.
- The Parties acknowledge and agree that –
- This Agreement constitutes the entire contract between them and that no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by any of the Parties or on their behalf except as are recorded herein;
- No consent, notice or approval in terms of or in connection with this Agreement shall be valid or effective unless in writing and signed by or on behalf of the Party giving such consent or approval;
- No amendment or variation of the Agreement shall be valid or effective unless such amendment or variation is reduced to writing and signed by the Parties;
- If any provision of this agreement should be wholly or partially invalid, unenforceable or unlawful, then this agreement shall be severable in respect of the provision in question (to the extent that it is invalid, unenforceable or unlawful) and the remaining provisions of this agreement shall remain of full force and
Signed at____________________ on___________________________ 2020 For an on behalf of Stratfin (Pty) Ltd Who warrants authority
Signed at on 2020
______________________________For and on behalf of the Client
Who warrants authority
Signed at____________________ on___________________________
For and on behalf of the Client Who warrants authority