Terms of Service

Acceptance of Terms

By accessing this website or engaging Kenako HSE Solutions (Pty) Ltd ("Kenako", "we", "us") for services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use this website or engage our services.

These terms constitute a legally binding agreement between you ("the Client" or "you") and Kenako HSE Solutions (Pty) Ltd, a company registered in the Republic of South Africa.

Our Services

Kenako HSE Solutions provides professional services in the following areas:

• Occupational health, safety, and environment (HSE) consulting
• SETA- and QCTO-accredited learnerships and skills programmes
• Workplace safety training (First Aid, Fire Fighting, HIRA, and more)
• Compliance audits, risk assessments, and legal registers
• ISO 45001 and related management system implementation
• B-BBEE advisory services and scorecard optimisation

The scope, deliverables, timelines, and fees for any professional engagement are defined in a written Service Agreement or Statement of Work, which takes precedence over these general terms in the event of any conflict.

Use of This Website

You may use this website for lawful purposes only. You agree not to:

• Use this website in any way that violates applicable South African law or regulation
• Transmit any unsolicited or unauthorised advertising or promotional material
• Attempt to gain unauthorised access to any part of this website or its underlying systems
• Introduce malware, viruses, or any other malicious code
• Reproduce, duplicate, copy, or exploit any part of this website without our express written consent
• Use automated tools to scrape, crawl, or harvest content from this website

Intellectual Property

All content on this website — including text, graphics, logos, photographs, training materials, articles, course content, and software — is the intellectual property of Kenako HSE Solutions or its licensors, and is protected by South African copyright law.

Training materials and deliverables

Training materials, workbooks, slide decks, templates, and other resources developed by Kenako remain our intellectual property. Clients are granted a non-exclusive, non-transferable licence to use such materials internally. Reproduction, redistribution, or resale without written consent is strictly prohibited.

Client Obligations

Where Kenako is engaged to provide professional services, the Client agrees to:

• Provide accurate, complete, and timely information required for service delivery
• Make appropriate personnel, premises, and documentation available as agreed
• Ensure a safe working environment for Kenako personnel attending client sites
• Pay all fees by the due dates specified in the relevant invoice or agreement
• Notify Kenako promptly of any changes in circumstances that may affect the scope of services
• Comply with all applicable South African legislation, including the OHS Act 85 of 1993

Fees and Payment

Fees are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. Kenako HSE Solutions is a registered VAT vendor. Unless otherwise agreed in writing:

• Invoices are payable within 30 days of the invoice date
• Training fees are payable in advance of course commencement
• Overdue accounts attract interest at the Prescribed Rate of Interest
• Cancellations within 5 business days of a scheduled training date may incur a 50% cancellation fee
• Cancellations within 48 hours may incur a 100% cancellation fee

Disclaimers

Website content is provided for general information purposes only. Articles and insights on this website constitute general guidance and do not constitute legal, regulatory, or professional advice specific to your circumstances. Kenako does not warrant that this website will be available without interruption or error. Your use of this website is at your own risk.

Limitation of Liability

To the maximum extent permitted by South African law, Kenako HSE Solutions shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of this website or reliance on its content. Our total liability in connection with professional services shall not exceed the total fees paid by you for the specific engagement during the preceding 12 months. Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud.

Confidentiality

Both parties agree to keep all confidential information strictly confidential, not to disclose it to any third party without prior written consent, and to use it only for fulfilling obligations under the relevant agreement. This obligation survives termination for three (3) years.

Termination of Services

Either party may terminate a service agreement by providing 30 days' written notice (unless otherwise specified in the agreement). Kenako reserves the right to suspend or terminate services immediately in the event of non-payment, unsafe conduct, or insolvency. All amounts owing become immediately due and payable upon termination.

Governing Law

These Terms of Service and any dispute arising from your use of this website or engagement of our services shall be governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the courts of South Africa.

Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice. If unresolved, the parties may refer the matter to mediation under an accredited South African mediator before commencing formal legal proceedings. Costs of mediation are shared equally unless otherwise agreed. Nothing prevents either party from seeking urgent relief from a competent court.

Changes to These Terms

We reserve the right to update these Terms of Service at any time. Updated terms will be published on this page with a revised effective date. Continued use of this website or our services after updated terms are posted constitutes acceptance of the changes.

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