Terms between Get Set and Approved Providers

B: These terms (“Approved Provider Terms”) are effective from the date on which Get Set notifies you, in writing, of your appointment, which appointment Get Set made based on the representation by you that you possess the necessary skills, knowledge, capacity and ability to perform works associated with the business of Get Set and for its Clients.

1. Get set’s obligations

Get Set shall, in its sole discretion and election, contact you should it source work that is suited to your specialisation, in order to assess whether you would be suitable for purposes of executing the work sourced, and if it deems appropriate, refer such work to you.

2. Approved provider obligations

You shall / You:

• 2.1 carry out all work for Clients in line with these Terms;
• 2.2 comply with the Get Set Website Terms of Use (including the Privacy Notice referred to therein) published on the Get Set website (old.getsetstrategy.com) from time to time insofar as such terms are applicable in the circumstances;
• 2.3 conduct yourself with honesty and integrity, and at all times in a manner that is appropriate for a service provider, of your skills and experience;
• 2.4 refrain from any conduct that might bring the name of Get Set, its consultants, directors, shareholders or other related persons into disrepute;
• 2.5 perform work for Clients with due care, diligence and skill;
• 2.6 ensure that you are, and remain, up to date with all relevant changes, updates and improvements in your field;
• 2.7 comply with all laws, regulations, and professional codes and rules that are relevant to you and the work for which you are engaged;
• 2.8 be responsible for your own business and tax affairs;
• 2.9 not be entitled or eligible to participate in any benefits or privileges provided by the Client to its employees;
• 2.10 notify Get Set immediately of the termination or cancellation of any relationship between you and a Client as soon as you become aware thereof;
• 2.11 notify Get Set immediately of your inability to perform in terms of any agreement between get Set and/or you and a Client as soon as you become aware thereof;
• 2.12 have no ownership of Get Set intellectual property (“IP”) and not use Get Set IP for any reason or at any time other than to fulfill your duties to Clients in accordance with an engagement through Get Set. For the avoidance of doubt, Get Set IP includes but is not limited to material displayed on its website, strategy questionnaires, presentations and templates, practice guidelines, marketing materials, SOPs, any and all information in relation to technology, business and otherwise, any patent, trade mark or design which has been registered or is capable of being registered in any national intellectual property office or association as well as any copyrightable works, trade secrets, know-how and other confidential information;
• 2.13 not retain IP in respect of work produced by you for Clients. All intellectual property rights in such work produced passes to Clients on receipt of payment in full you and may not be used again by you;
• 2.14 acknowledge that you are not a partner, agent or an employee of Get Set, and are not entitled to any rights and/or benefits bestowed upon employees by law, and as such these Terms are not subject to or regulated by any employment laws or regulations;
• 2.15 immediately inform Get Set in writing of any legal or other proceedings anticipated ot instituted in connection with any matter that forms part of the services to Clients or any matter related thereto or under these Consultant Terms; and
• 2.16 not hold yourself out to any third party as being authorised by Get Set to bind it to any contractual arrangement.

3. Confidentiality and infrastructure

• 3.1 For the purposes of these Terms, any reference to “confidential information” shall mean:
• 3.2 all information owned by and/or relating to Get Set, and other material and which is disclosed to you in furtherance and execution of any engagement with you in accordance with these Terms; and
• 3.3 all information owned by and/or relating to a Client and which is disclosed to you by the Client in furtherance or execution of any engagement with you through Get Set, as the case may be, and shall include, without limitation, IP, information relating to the contact information of Clients, instructions received from Clients or the like, its business strategy, operations and performance, its legal transactions, its technical know-how and data, methods, databases, supplier information, technology infrastructure, processes and procedures, and its finances.

5. Protection of personal information

For the purposes of these Terms “personal information” shall mean any personally identifiable information generally accepted as such in applicable data protection laws.

• 5.1 You acknowledge that Get Set requires certain personal information from you from time to time.
• 5.2 Your personal information will be used for the purposes set out in our Privacy Notice (available on the Get Set website) and in order to:
• 5.2.1 assess and verify your suitability as a Consultant (including, for example, your curriculum vitae, details of your tertiary qualifications, professional background, practical experience, details relating to your referee(s) and any criminal record that you may have);
• 5.2.2 give effect to these terms (including, for example, your full name, identification / passport number, tax number, telephone and mobile numbers, email addresses, postal and residential addresses, banking details and your preferred working conditions;
• 5.2.3 to comply with applicable laws;
• 5.2.4 promote you as an Approved Provider as and when determined by Get Set;
• 5.2.5 promote the business of Get Set during the currency of these terms; and
• 5.2.6 give effect to these Terms and/or the Get Set Client Terms.
• 5.3 You undertake to provide Get Set with any personal information where such information is reasonably required by Get Set.
• 5.4 In some instances, Get Set may be required to conduct, or Clients may want to conduct, checks on you. Such checks may include Get Set or our Clients processing special personal information (as defined in applicable data protection laws) about you such as criminal background (including alleged criminal conduct) and political affiliations. This information is used in order to determine your suitability to join Get Set, for internal compliance and/or legal obligation purposes for example anti-financial crime and sanctions. You hereby consent to Get Set and/or its Clients (including any third party background check service providers) processing such special personal information and warrant that Get Set shall be entitled to process and provide such personal information to its Clients and any background check service providers without seeking any further permissions or consents from you and / or any relevant third parties.
• 5.5 You undertake to notify Get Set in writing of any information provided by you in terms of 5.2 that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”) so that such information may be corrected or deleted accordingly, and accept that Get Set cannot be held responsible for the consequences of processing defective information where it is not aware of the nature and extent of the defects in such information.
• 5.6 You accept that:
• 5.6.1 personal information that you submit for publication on the Get Set website (old.getsetstrategy.com) or in any online or print media, whether by way of a comment or an article, will or may be published on the internet (as the case may be) and may be available, via the internet, around the world; and
• 5.6.2 Get Set cannot prevent the use or misuse of such information by others.

6. General

• 6.1 You shall not be entitled to cede, assign or sub-contract any of the obligations or rights under these Terms, or any work you are engaged to do for any Clients, without the prior written consent of get Set, which it may withhold in its sole discretion.
• 6.2 Either Get Set or you may terminate these terms on 10 working days’ written notice to the other.
• 6.3 For the purposes of these terms, “Client” means any individual, legal entity or business (including its officers in their personal capacities) which has at any stage been in contact with Get Set in connection with the provision of services by Get Set and/or its Consultants to such individual, legal entity or business; or any business acquired by it.
• 6.4 Notwithstanding anything to the contrary which may be contained in these terms, Get Set shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on its part.
• 6.5 You hereby indemnify Get Set and hold it harmless in respect of any loss, damage, liability, costs and / or expenses of whatsoever nature which Get Set may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and / or expenses of any nature whatsoever suffered or incurred by Get Set as a result of any claims brought against the Client, Get Set or yourself by any third party.
• 6.6 Get Set shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of performing, and suffered in the performance of, any services to Clients at the Client’s premises at the Client’s request.
• 6.7 These Terms are standard terms and conditions which apply between Get Set and each of its Approved Providers, and they may, in the sole discretion of Get Set, and on reasonable notice to you, be amended from time to time.
• 6.8 The terms set out in this document (as may be amended from time to time) constitute the entire agreement between the parties hereto in regard to its subject matter. Neither such party shall have any claim or right of action arising from any undertaking, representation or warranty not included in these terms.
• 6.9 Save for any amendments made by Get Set to these Terms from time to time, no agreement to vary, add to or cancel these terms shall be of any force or effect unless recorded in writing and agreed by or on behalf of both Get Set and the Approved Provider.
• 6.10 These terms shall be governed by the laws of the Republic of South Africa.
• 6.11 The parties agree that this agreement may be electronically signed by the completion of this form and the checking of a checkbox indicating acceptance. The parties agree that the completion of the form and checking of the checkbox to accept these terms are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.

7. Electronic signatures

The parties agree that this agreement may be electronically signed by the completion of this form and the checking of a checkbox indicating acceptance. The parties agree that the completion of the form and checking of the checkbox to accept these terms are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.