Terms & Conditions of Service

Preamble

These Terms and Conditions (“Terms”) govern the relationship between Sentinel Labour Consulting (“Sentinel”, “we”, “us”, “our”) and any person or entity (“Client”) that engages our services. By making payment and/or submitting a Case File to Sentinel, the Client acknowledges that they have read, understood, and agree to be bound by these Terms in their entirety.

These Terms are designed to protect both parties by setting clear expectations regarding the scope of our services, our obligations, the Client’s obligations, and the basis on which fees are charged, refunded, or retained.

1. Definitions

In these Terms, the following words and expressions bear the meanings assigned to them below, unless the context clearly indicates otherwise:

2. Scope of Services and Limitations

2.1 Nature of Services

Sentinel Labour Consulting is a labour consultancy. All services provided by Sentinel are advisory, preparatory, and coaching in nature. Sentinel does not provide legal representation and is not a law firm.

Specifically, in respect of Employee Clients:

• Sentinel prepares case documents, analyses evidence, researches applicable workplace policies, legislation and case law, and guides the Client on how to present their matter.
• The Client represents themselves at all disciplinary hearings, appeal hearings, grievance proceedings and CCMA proceedings. Sentinel does not appear, speak, or act on the Client’s behalf at any such proceedings.
• Where a Client is represented by a trade union representative, Sentinel’s preparation work may be provided to the union representative for their use, subject to the Client’s instruction. The quality and use of Sentinel’s preparation work by any third party remains outside Sentinel’s control and responsibility.

In respect of Employer Clients:

• Sentinel acts as an independent, impartial hearing chairperson for internal disciplinary and incapacity proceedings, or as an external facilitator for Performance Improvement Plan (PIP) review meetings, as applicable.
• Sentinel drafts employment contracts, workplace policies, compliance audit reports, and Performance Improvement Plans in its advisory capacity.

2.2 No Representation

Nothing in these Terms, nor in any service agreement, engagement letter, or communication, shall be construed as Sentinel undertaking to represent the Client at any legal forum, tribunal or proceedings. The Client engages Sentinel exclusively for preparation, advisory and coaching services.

2.3 No Guarantee of Outcome

2.4 Scope of Quick Legal Opinion

A Quick Legal Opinion covers one (1) specific labour law question per engagement. The service delivers a researched, in-depth written response to that single question. The following are expressly excluded from a Quick Legal Opinion:

• Follow-up questions, clarifications, or additional questions arising from the written response.
• Full case preparation or strategic advice on a live matter.
• Any oral consultation or engagement beyond the written response.

Where a Client’s matter requires broader advisory work, Sentinel will recommend the appropriate service tier.

3. Contract Formation and Commencement of Work

3.1 Contract Formation

In accordance with Section 22(2) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), a binding contract is legally concluded and effective between Sentinel and the Client at the exact time and place where both of the following have been received by Sentinel’s information systems or personnel:

• The Client’s payment (whether in full or, where applicable, a deposit); and
• The Client’s Case File (as defined in Clause 1).

Receipt of both elements is required for the contract to be formally concluded. Where payment is received without a Case File, or vice versa, no binding contract shall be deemed concluded until both have been received.

3.2 Immediate Commencement of Work

The Client explicitly acknowledges, agrees, and gives prior express consent that Sentinel will commence work on the matter immediately upon receipt of both the payment and the Case File. The Client agrees that this consent is irrevocable once the contract is concluded.

3.3 Exclusion of Cooling-Off Period (Employee Clients)

By providing express consent to immediate commencement and submitting the Case File, the Employee Client acknowledges that performance of the service begins immediately upon contract formation. Consequently, in terms of Section 42(2)(d) of ECTA, the Employee Client agrees that the seven (7) day cooling-off right to a full refund under Section 44 of ECTA does not apply to this transaction once work or preliminary review has commenced.

This exclusion applies because the service is one “for services which began with the consumer’s consent before the end of the seven-day period referred to in Section 44(1)” of ECTA. The Client’s submission of the Case File together with payment constitutes the express consent referred to in Section 42(2)(d).

4. Booking and Payment Terms

4.1 Full Payment in Advance

Unless otherwise agreed in writing by Sentinel prior to the commencement of the engagement, all fees are payable in full in advance. Sentinel is under no obligation to commence work until full payment has been received and confirmed.

4.1A Buy Now, Pay Later (BNPL) Services

Sentinel accepts payment via approved Buy Now, Pay Later (BNPL) providers where such providers are made available on Sentinel’s website or payment platform from time to time. The following terms apply to all BNPL-facilitated transactions:

• (a) Settlement to Sentinel: Where a Client elects to pay via an approved BNPL provider, the BNPL provider settles the full engagement fee directly to Sentinel on the Client’s behalf. For the purposes of these Terms, receipt of confirmed settlement from the BNPL provider constitutes full payment to Sentinel and triggers commencement of work in terms of Clause 3.2.
• (b) Client’s repayment obligation: The Client’s instalment repayment arrangement is exclusively with the BNPL provider and is governed by the BNPL provider’s own terms and conditions. Sentinel is not a party to that arrangement and assumes no responsibility for it.
• (c) Sentinel not liable for BNPL disputes: Any dispute between the Client and the BNPL provider regarding instalment terms, payment schedules, interest, fees, or any other matter relating to the BNPL arrangement is entirely outside Sentinel’s control and responsibility. Such disputes do not affect the Client’s obligations to Sentinel under these Terms, and do not entitle the Client to a refund, suspension of services, or any other remedy from Sentinel.
• (d) Subject to BNPL provider approval: The Client’s ability to use a BNPL service is subject to approval by the BNPL provider at the time of the transaction. Sentinel makes no representation or guarantee that any Client will be approved for BNPL. Where a Client is not approved, the standard advance payment terms in Clause 4.1 apply.
• (e) Refunds via BNPL: Where a refund is due to a Client who paid via a BNPL provider, Sentinel will initiate the refund to the BNPL provider within the applicable timeframes set out in Clause 6. The manner and timing of the BNPL provider’s onward processing of that refund to the Client is governed by the BNPL provider’s own terms and is outside Sentinel’s control.

4.2 Payment Methods

Payment shall be made by electronic funds transfer (EFT), credit card, or debit card, to the Sentinel banking details provided to the Client, or via an approved BNPL provider as described in Clause 4.1A. Where payment is made by EFT, proof of payment must be submitted to Sentinel via email or WhatsApp. Work will not commence until payment – whether by EFT, card or BNPL settlement – has been received and confirmed.

4.3 Invoicing

A tax invoice or receipt will be issued to the Client upon confirmation of payment. All amounts are quoted inclusive of any applicable taxes unless stated otherwise.

4.4 Additional Costs

The quoted fee for any service covers the professional services of Sentinel only. Any disbursements, third-party costs, or expenses incurred in the course of the engagement — such as courier fees, reproduction costs, or travel expenses — will be discussed and agreed in writing before being incurred, and will be billed separately.

4.5 Chairperson Services — Billing

For Hearing Chairperson services and Incapacity Inquiry Chairperson (PWP Phase 3) services, the total fee shall be calculated upon conclusion of the engagement based on actual hours worked. The “lesser of” rate calculation described in Clause 8 shall apply. An invoice will be issued at the conclusion of the engagement. Where the estimated duration is likely to exceed a half-day, Sentinel may require a deposit at the point of booking.

5. Non-Refundable Consultation Fee

5.1 Consultation Fee

A non-refundable consultation fee of R1,800 (one thousand eight hundred rand) is applicable to all Employee Client engagements. This fee forms part of the total service fee payable for the relevant service tier.

5.2 Purpose

The consultation fee serves the following purposes:

• It reflects the professional time, expertise, and resources committed to the initial review and assessment of the Client’s matter.
• It is retained by Sentinel in all circumstances where work has commenced on the Client’s matter, including where the Client subsequently withdraws from the engagement.
• It functions as the minimum levy described in Clause 6.2.

5.3 Non-Refundability

The consultation fee is non-refundable in all circumstances except as expressly provided under Clause 6.1 (Limb 1 — where Sentinel determines it cannot assist the Client).

6. Refunds and Cancellations

6A. Employee Clients

6A.1 Limb 1 — Where Sentinel Determines It Cannot Assist

If, after reviewing the Client’s matter, Sentinel determines that:

• the matter falls outside the scope of our services; or
• the Client’s best outcome requires assistance that Sentinel is not positioned to provide (such as legal representation by an attorney),

Sentinel will refund the Client’s payment in full within two to three (2–3) Business Days of written notification to the Client. This determination will be communicated to the Client in writing, together with guidance on where to seek appropriate assistance.

6A.2 Limb 2 — Where the Client Chooses to Withdraw

If the Client has made payment and Sentinel has commenced work on the matter — which commences immediately upon receipt of payment and the Case File as provided in Clause 3 — and the Client thereafter chooses to withdraw from the engagement for any reason, the following shall apply:

A minimum consultation levy of R1,800 (one thousand eight hundred rand), or such greater amount as reflects the professional time and resources already committed to the Client’s matter (calculated at Sentinel’s standard rate of R1,000 per hour for all time worked), shall be deducted from any amount due for refund.

The balance of the fee paid, if any, shall be refunded to the Client within two to three (2–3) Business Days of receipt of the Client’s Written Notice of withdrawal.

For the avoidance of doubt:

• Sentinel shall determine the hours worked on the matter from the time of contract formation to the time of receipt of the Written Notice of withdrawal. This determination is final.
• Where the hours worked at R1,000 per hour equal or exceed the total fee paid, no refund shall be due, and the Client shall have no claim against Sentinel in respect of fees paid.
• The Written Notice of withdrawal must be submitted in writing. Verbal withdrawal does not start the refund clock.

6A.3 Outcome-Based Requests for Refund

6A.4 Money-Back Guarantee — Summary

6B. Employer Clients

6B.1 Cancellation Before Work Commences

Where an Employer Client cancels an engagement before Sentinel has commenced work on the matter, a full refund shall be processed within two to three (2–3) Business Days of written cancellation.

6B.2 Cancellation After Work Has Commenced — No Refund

Where an Employer Client cancels an engagement after work has commenced, no refund shall be due. The full contracted fee shall remain payable.

For the purposes of this clause, “work commenced” means the following, depending on the service engaged:

6B.3 Rationale

Employer Clients engage Sentinel as a business-to-business arrangement. Where an Employer Client elects to cancel after work has commenced, the full commercial consequence of that decision is borne by the Employer Client. This is consistent with standard commercial practice in business-to-business professional service agreements.

7. Express Service Terms

7.1 Availability

Express Services (Type A Express and Type B Express) are subject to availability. Sentinel will confirm availability of the Express Service at the time of booking. If the Express Service is unavailable, the Client will be offered the Standard Service.

7.2 Prioritisation

Upon payment and receipt of the Case File, an Express Service engagement is immediately elevated to the front of Sentinel’s active work queue. Standard turnaround times for the Express Service are one to two (1–2) Business Days. These turnaround times are calculated from the date of receipt of both payment and a complete Case File.

7.3 Client Obligation to Submit Complete Information Promptly

The Express Service turnaround is dependent on the Client submitting all relevant information and documentation promptly. Where the Client’s delay in providing information causes the turnaround target to be missed, Sentinel shall not be liable for the resulting delay and no fee reduction shall apply.

7.4 Express Fee

The Express Service fee is set out in the Fee Schedule. The express premium reflects the prioritisation, compression of work, and displacement of other engagements required to accommodate the shortened turnaround. This fee is non-negotiable and non-refundable once work has commenced, subject to Clause 6A.

8. Chairperson Services — Fee Calculation

This clause applies to Hearing Chairperson Services and PWP Management Phase 3 (Incapacity Inquiry Chairperson). Both services are governed by the identical billing mechanism set out below.

8.1 Applicable Rates

• Hourly rate: R1,300 per hour (minimum engagement of 2 hours; billed per full hour commenced).
• Half-day rate: R4,500 (applicable where total engagement is 4 hours or less).
• Full-day rate: R7,500 (applicable where total engagement exceeds 5 hours, up to a maximum of 8 hours).

8.2 “Lesser Of” Principle

The fee payable is determined by applying whichever single rate produces the lower total amount for the actual hours worked. The applicable rates shall not be combined. The following table illustrates the fee calculation across all possible durations:

8.3 No Combination of Rate Tiers

Only one rate tier applies per engagement. For the avoidance of doubt:

• An engagement of 5 hours may not be billed as the half-day rate (R4,500) plus one additional hourly increment (R1,300). It is billed as 5 × R1,300 = R6,500 only.
• An engagement of 6 hours or more is billed at the full-day rate of R7,500 only. No additional hourly increments are added above the full-day rate.

8.4 Duration Determination – Live Proceedings

Total engagement hours for the purposes of clauses 8.1 to 8.5 are recorded by Sentinel from the time the chairperson formally convenes the proceedings to the time the proceedings formally conclude or are adjourned sine die. Travel time is not included in billable duration unless otherwise agreed in writing before the engagement.

8.5 Minimum Engagement

The minimum billable engagement for the live proceedings component is two (2) hours. Where a hearing or inquiry concludes in under two hours, the two-hour minimum rate of R2,600 applies.

9. Turnaround Times and Force Majeure

9.1 Standard Turnaround Times

Sentinel will use all reasonable endeavours to complete work within the turnaround times published in the Fee Schedule. All turnaround times are calculated from the date of receipt of both full payment and a complete Case File.

9.2 Incomplete Information

Where additional information or documentation is required from the Client to proceed with the work, the turnaround clock is paused from the date Sentinel requests such information and resumes upon receipt of the required information.

9.3 Force Majeure

Sentinel shall not be liable for any delay in delivery of services caused by a Force Majeure Event, including but not limited to extended load-shedding, illness or failure of communication systems. In such circumstances, Sentinel will notify the Client as soon as reasonably practicable and provide a revised estimated turnaround time. The Client shall not be entitled to a refund solely on the basis of a Force Majeure delay.

9.4 Hearing Date Deadlines

Where the Client’s matter has a scheduled hearing or CCMA date, the Client must notify Sentinel of this date at the time of submitting the Case File. Sentinel will accommodate scheduled dates where reasonably possible, but Sentinel cannot guarantee that preparation will be completed where a hearing date is imminent and the Client has not submitted complete information timeously. The Client accepts the risk of late submission of information or documentation.

10. Type B — CCMA Conciliation and Arbitration Preparation

10.1 Preparation Standard

All Type B (CCMA Con/Arb) preparation is conducted to full arbitration standard, regardless of whether the matter is listed for conciliation only, conciliation followed by arbitration on the same day (con/arb), or conciliation with arbitration at a later date.

10.2 Rationale

At the CCMA, conciliation is the mandatory first step in all disputes. If the matter is not resolved through conciliation, it proceeds to arbitration, which may occur on the same day or at a later date. The Client must therefore be prepared to proceed to arbitration from the moment they attend the CCMA for the first time.

Sentinel prepares all Type B matters to arbitration standard to ensure the Client has the strongest possible preparation regardless of how the proceedings unfold. The fee payable reflects this arbitration-standard preparation, whether or not the matter ultimately resolves at conciliation stage.

11. Confidentiality

11.1 Sentinel’s Obligations

Sentinel will treat all information submitted by the Client in the Case File, and all information arising in the course of the engagement, as strictly confidential. Sentinel will not disclose such information to any third party without the Client’s prior written consent, except:

• where disclosure is required by law or by order of a court or tribunal;
• where disclosure is necessary to obtain advice or assistance in delivering the service, in which case the third party will be bound by equivalent confidentiality obligations; or
• where the information is already in the public domain through no fault of Sentinel.

11.2 Client’s Obligations

The Client agrees to keep all documents, strategy notes, advice, and work product provided by Sentinel confidential and not to disclose such information to any person other than those directly involved in the Client’s matter, without Sentinel’s prior written consent. This obligation survives termination of the engagement.

11.3 Employer Clients — Confidentiality of Employee Information

Employer Clients acknowledge that, in the course of Sentinel’s engagement, Sentinel may receive personal information relating to their employees. Such information shall be handled in accordance with applicable data protection legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA). Employer Clients warrant that they are authorised to share such information with Sentinel for the purposes of the engagement.

12. Limitation of Liability

12.1 No Liability for Hearing or Proceeding Outcomes

Sentinel shall not be liable for any loss, damage or prejudice suffered by the Client arising from the outcome of any disciplinary hearing, appeal, grievance, CCMA conciliation, CCMA arbitration, or any other proceeding, regardless of the quality or content of the preparation provided.

12.2 No Liability for Client’s Presentation

Sentinel’s responsibility is limited to the preparation, advisory, and coaching services it provides. The manner in which the Client presents their matter, answers questions, or conducts themselves in any proceeding is entirely the Client’s own responsibility. Sentinel shall not be liable for any adverse outcome attributable to the Client’s own conduct or presentation at any proceeding.

12.3 Maximum Liability

To the maximum extent permitted by applicable law, Sentinel’s total liability to the Client under or in connection with these Terms and any engagement, whether in contract, delict, or otherwise, shall not exceed the total fees paid by the Client in respect of the specific engagement giving rise to the claim.

12.4 Exclusion of Consequential Loss

Sentinel shall not be liable for any indirect, special, or consequential loss or damage, including loss of income, loss of employment, or any other economic loss arising from or connected with Sentinel’s services or any proceeding outcome.

13. Dispute Resolution

13.1 Good-Faith Resolution

In the event of any dispute arising from or in connection with these Terms or any engagement, the parties undertake to first attempt to resolve the dispute in good faith through direct written communication. The party raising the dispute must deliver a Written Notice to the other party setting out the nature of the dispute and the remedy sought.

13.2 Response Window

Upon receipt of such Written Notice, the receiving party shall have seven (7) Business Days in which to respond and to attempt to resolve the dispute by agreement.

13.3 Escalation

If the dispute is not resolved within the seven-day window, either party may refer the matter to mediation or, where applicable, to the relevant statutory body. Nothing in this clause prevents any party from approaching a court of competent jurisdiction for urgent relief.

14. Governing Law and Jurisdiction

These Terms and all engagements under them shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from or in connection with these Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any engagement-specific correspondence and the Fee Schedule, constitute the entire agreement between the parties in respect of the subject matter and supersede all prior discussions, representations, and agreements.

15.2 Amendment

Sentinel reserves the right to amend these Terms from time to time. Any amendments will be published on Sentinel’s website and, where applicable, communicated to existing Clients. Continued engagement with Sentinel after notice of amendment constitutes acceptance of the amended Terms.

15.3 Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, it shall be severed from the remainder of the Terms, which shall continue in full force and effect.

15.4 No Waiver

No failure or delay by Sentinel in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be given in writing to be effective.

15.5 Relationship of the Parties

Nothing in these Terms creates a relationship of employment, partnership, or agency between Sentinel and the Client. Sentinel acts as an independent professional service provider at all times.

15.6 Communication and Notices

All formal notices required under these Terms shall be given in writing. For the purposes of these Terms, communication via email or WhatsApp that produces a retrievable record is accepted as valid Written Notice. Notices to Sentinel shall be sent to the contact details published on Sentinel’s website or client information pack.

15.7 Acceptance

By making payment and submitting a Case File to Sentinel, the Client confirms that they have read and understood these Terms and Conditions and agree to be bound by them.