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Terms of Service

Last Updated: January 18, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and The Back Office Collective ("we," "us," or "our") governing your use of our website and services.

By accessing our website at thebackofficecollective.com or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Description

The Back Office Collective provides professional back office support services to small and medium-sized businesses, including but not limited to:

  • Administrative support services
  • Human resources (HR) support and compliance
  • Legal and compliance support
  • Basic IT support services

Services are provided on a contracted basis according to the specific service package selected by the Client.

3. Service Packages and Pricing

3.1 Service Plans

We offer various service packages with different hourly allocations and pricing tiers. Current packages include:

  • The Growth Starter (10 hours/month)
  • The Pro Plan (20 hours/month)
  • The Scale-Up Package (40+ hours/month)

3.2 Pricing

Pricing is quoted in South African Rand (ZAR) and is subject to change with 30 days' written notice to existing clients. Current pricing is available on our website and will be confirmed in your service agreement.

3.3 Payment Terms

  • Payment is due monthly in advance unless otherwise agreed in writing
  • Invoices are issued at the beginning of each billing period
  • Payment must be received within 7 days of invoice date
  • Late payments may incur a 2% monthly interest charge
  • Services may be suspended for accounts more than 14 days overdue

4. Client Responsibilities

As a Client, you agree to:

  • Provide accurate, complete, and timely information necessary for us to perform our services
  • Respond promptly to requests for information or clarification
  • Ensure all information provided is truthful and not misleading
  • Comply with all applicable laws and regulations
  • Maintain confidentiality of any login credentials or access information we provide
  • Notify us immediately of any unauthorized use of your account
  • Pay all fees in accordance with the agreed payment terms

5. Service Level and Limitations

5.1 Service Hours

Standard business hours are Monday to Friday, 9:00 AM to 5:00 PM (SAST), excluding South African public holidays. Urgent requests outside of business hours may be accommodated subject to availability and additional fees.

5.2 Response Times

  • Standard requests: Response within 24 business hours
  • Urgent requests: Response within 4 business hours
  • Complex projects: Timeline to be agreed upon separately

5.3 Service Limitations

We provide administrative, HR, legal, and IT support services. We do not:

  • Provide legal advice (we facilitate and support, but are not a law firm)
  • Make financial or business decisions on your behalf
  • Guarantee specific business outcomes or results
  • Provide services that require professional licensing unless appropriately licensed

6. Intellectual Property

6.1 Ownership of Deliverables

Upon full payment, you own all work product specifically created for you as part of our services (documents, templates, reports, etc.). However, we retain ownership of our proprietary methodologies, processes, and general business practices.

6.2 Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is our property or that of our licensors and is protected by copyright and intellectual property laws.

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of all confidential information disclosed during the course of our business relationship. Confidential information includes:

  • Business strategies and plans
  • Financial information
  • Client lists and customer data
  • Proprietary processes and methodologies
  • Any information marked as confidential

7.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no breach of this agreement
  • Was rightfully known prior to disclosure
  • Is required to be disclosed by law or court order
  • Is independently developed without use of confidential information

8. Term and Termination

8.1 Contract Term

Service agreements are typically month-to-month unless otherwise specified in your service agreement. There are no long-term lock-in contracts.

8.2 Termination by Client

You may terminate your service agreement by providing 30 days' written notice. You are responsible for payment of all services rendered up to the termination date.

8.3 Termination by Us

We may terminate the agreement immediately if:

  • Payment is more than 30 days overdue
  • You breach any material term of this agreement
  • You engage in illegal, unethical, or abusive conduct
  • Continuing the relationship is no longer feasible

8.4 Effect of Termination

Upon termination:

  • You must pay all outstanding fees within 14 days
  • We will provide you with all work product and your data within 30 days
  • Confidentiality obligations survive termination indefinitely
  • No refunds will be provided for unused prepaid services

9. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim arising from our services shall not exceed the fees paid by you in the 3 months preceding the claim
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for losses arising from your failure to provide accurate information
  • We are not liable for decisions you make based on our advice or services
  • We are not responsible for third-party services or products

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold harmless The Back Office Collective, its employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your violation of any law or regulation
  • Your violation of any third-party rights
  • Any inaccurate or misleading information you provide
  • Your use of our services in a manner not authorized by these Terms

11. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that our services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of information

12. Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, strikes, power outages, internet failures, or government actions.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations.

13.2 Mediation

If negotiations fail, the parties agree to attempt mediation before pursuing litigation or arbitration.

13.3 Governing Law and Jurisdiction

These Terms are governed by the laws of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. We will notify clients of material changes via email. Your continued use of our services after changes constitutes acceptance of the updated Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and us.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any successor entity.

16. Contact Information

If you have questions about these Terms, please contact us:

The Back Office Collective

Email: info@thebackofficecollective.com

Location: South Africa

Website: thebackofficecollective.com

Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you do not agree to these Terms, please do not use our services.