Terms and Conditions
1. Terms and conditions
1.1 The terms and conditions set out below are accepted by any client once services have been agreed upon by Alpha Gold Africa Proprietary Limited (hereafter AGA) and the client.
1.2 These are subject to change without notice.
1.3 The terms and conditions will be available on the AGA website and will be updated from time to time.
1.4 These terms and conditions are considered read by the client without confirmation of such.
1.5 Connected person(s) is a person(s) or company acting on behalf of AGA under direct instructions from AGA management
1.6 AGA includes any management, employee or connected person.
2.1 Payment of all invoices is due within 5 working days from the date of the invoice.
2.1.1 The due date for monthly retainer payments is the last day of the working month. AGA reserves the right to cease work with that client until payment is received.
2.2 All invoices are payable in advance.
2.3 Excluded from 2.1 above are ‘once-off’ invoices.
2.3.1 These invoices are not excluded from 1.2 above.
2.3.2 A deposit is not for any work to be started.
2.4 Payment is due as per 2.1 above. If this payment is not received by AGA (at least proof of payment) by the 5th working day, a penalty of 10% may be levied and thereafter monthly interest will be levied at 2% per month or part thereof.
2.4.1 As there may be a delay of money reflecting from a different bank to which AGA use (currently First National Bank or FNB), proof of payment will suffice within the 5 working days. This will avoid the 10% penalty.
2.4.2 Payment is considered complete when it reflects in the AGA bank account.
2.5 Payment is only accepted in South African Rands.
2.5.1 This may be cash or by EFT. No cheques or cryptocurrency will be accepted
2.5.2 No other payment will be accepted unless approved by the directors of AGA before any work is performed.
2.6 collection of bad debts
2.6.1 If there are outstanding amounts that are considered bad debts by the directors, legal action will be taken.
2.6.2 The legal fees attached to such action are payable by the client with the outstanding debt.
2.7. Any discount given on invoices will be reversed if the payment is late. The interest charged for overdue amounts will be calculated on the full amount outstanding.
3. Scope of work
3.1 All services to be performed by AGA will be contained in a Letter of appointment sent to the client.
3.2 The letter in 2.1 will be signed by AGA and sent to the client.
3.3 The client is required to sign this document and return it to AGA either in hard copy or digital copy (email)
3.4 Should the client not sign and return this letter, it will be taken that it has been accepted without prejudice.
3.5 Any work performed in addition to the scope contains in the letter with be charged at either an hourly rate or at a predetermined fee.
3.6 At any stage, if another accountant / professional is consulted regarding the work performed by AGA, resulting in requests made to AGA to perform the tasks in such a manner, provided that they are within the bounds of the law of the land, AGA will perform these tasks.
3.7 In the situation mentioned in clause 3.6 above, AGA will relinquish all responsibility for such actions.
3.8 This is considered to be legal action in terms of AGA and is covered in Clause 11 of these terms and conditions
4.1 All fees are determined by AGA.
4.2 These are set before any work is accepted by AGA and the client
4.3 Fee increase.
4.3.1 There will be an annual fee increase (historically this has been 9%)
4.3.2 This increase will be levied in January each year.
4.3.3 The increasing percentage will be determined by AGA.
4.3.4 A letter notifying the client about the amount and date of increase will be sent to the client 1 month in advance.
4.3.5 This fee increase is non-negotiable.
4.4.1 A deposit is not required for work to proceed per the agreed mandate.
4.4.2 Full payment is NOT required until completion of the job. This completion is equal to the readiness to submit to the relevant authority.
4.4.3 Any deposits paid (if required) are non-refundable.
5.1 AGA can only perform the agreed-upon services with the information given to AGA by the client.
5.2 The accuracy of this information is the client’s responsibility.
5.2.1 AGA will NOT perform any work that is based on inaccurate information.
5.2.2 This is due to the honesty and ethical standards of the accounting industry as regulated by law in South Africa and the international accounting standards
5.3 AGA will perform certain tasks to ensure the accuracy of the information
5.3.1 Any delay in the services performed will not result in non-payment of fees
5.3.2 AGA will not continue to work until these requirements are met.
5.3.3 AGA will not be held responsible for any delays due the above (4.2)
5.4 AGA will not be held responsible for any fines, penalties or interest levied due to any late submissions to authorities.
5.4.1 This includes but not limited to the South African Revenue Services (SARS) and professional bodies
5.4.2 The responsibility lies with the client regarding the correct and timeous submission of any kind.
5.5 It is the responsibility of the client to provide AGA with the necessary information in order for AGA to do the work as per agreed with the client.
5.1 If this information is not received by AGA within 6 (six) months of the initial agreed date, AGA will not continue with the work. This will be confirmed with a resignation letter.
5.2 In the case of 5.1 above, AGA has the right to keep all money (whether a deposit or paid in full) to defray expenses.
5.3 The client must furnish any changes in the nature of the business, the structure of the business within 1 (one) month.
5.4 When AGA requests such information in order to perform such duties, especially via email, at no point will AGA be required to resend those requests to the client in any form. this includes the forwarding of sent emails or giving a summary of such requests.
5.5 AGA reserves the right to charge extra fees for work that is submitted to AGA later than 2 months after being requested to do so.
5.6 It is the responsibility of the tax payer to ensure timeous submission of information to the relevant authorities. This does not fall on AGA or any of its employees or associates.
6. Law of the land
6.1 AGA will perform all services by abiding by the law of the land.
6.2 AGA operates in South Africa but if necessary it may extend this border into other countries. In this case, the law of both countries will provide guidance as to how AGA will act.
6.3 No services will be performed if it in contravention of these laws.
6.4 Services to be ceased if:
6.4.1 AGA is required to contravene any law of the land or perform any unethical act even on behalf of the client.
6.4.2 Following certain criteria, AGA will report such activities to the relevant authorities.
7. Electronic communication
7.1 Only written communication will be used as the communication between AGA and any client or person(s)
7.2 Written communications are Emails and letters.
7.3 AGA is not obliged to answer any written communication from any client or person(s) in a specific time frame. It is the senders’ responsibility to follow up on any communication sent to AGA
7.4 All other forms of communications including and not limited to WhatsApp, Telephone calls and SMS’s are not an acceptable form of communications.
7.5 Where AGA has stated that they are to do something, an email will be sent to confirm such actions.
7.6 All communication is assumed to be read by the client.
8.1 Any abusive language, accusation or such speech against AGA, their employees and any connected persons, shall be taken seriously and will not be answered via any other means apart from a letter (on a AGA letterhead) or by an appropriate professional on behalf of AGA.
8.2 This is including but not limited to: false information (with or without proof), any derogatory comment against any action of AGA, their employees or connected person and work performed by AGA.
8.3 Special attention will be paid to such actions against AGA with regard to the character of an individual. This will be dealt with swiftly and directly and such action will attract legal advice
8.4 Any such abuse or defamation of any character will result in the immediate ceasing of services by AGA.
9. Email terms and conditions:
The e-mail and attachments are confidential and intended only for selected recipients. If you have received it in error, you may not in any way disclose or rely on the contents. Alpha Gold Africa Proprietary Limited do not have to respond to any email within any specific time frame. It is the senders’ responsibility to follow up on whether the email was received. You may not keep a copy or distribute the e-mail. Should you receive it, immediately notify the sender of the error and delete the e-mail. Also, note that this form of communication is not secure, it can be intercepted, and may not necessarily be free of errors and viruses in spite of reasonable efforts to secure this medium. The information contained in this communication is confidential and is intended solely for the use of the individual or entity to whom it is addressed. Any and all reports or documents of any description are property of Alpha Gold Africa Proprietary Limited. Any changes made by any outside party will render that document invalid. All changes must be requested to be changed by Alpha Gold Africa Proprietary Limited. We will under consideration make the requested changes and reissue that document. The views expressed are those of the sender and no liability will attach to Alpha Gold Africa Proprietary Limited or any employee of Alpha Gold Africa Proprietary Limited, regardless of the content of the message. Alpha Gold Africa Proprietary Limited is closed on all South African public holidays and other days throughout the year. This is subject to change without notice.
10. Confidential and Personal Information
10.1 In keeping with the protection of personal information act, AGA will not keep any paper copies of any of their clients. All necessary documents will be scanned and the paper documents will be shredded.
10.2 It is the clients’ responsibility to request any paper copies to be returned.
10.3 If a client is no longer using AGA’s services, AGA will keep the documents for 3 months and then shred them. An electronic copy will be kept in archive folders backed up regularly.
10.4 Working paper files prepared by AGA will be kept but not available to any clients as this is property of AGA. These papers are used by AGA alone.
10.5 Any information that is said to any other person or company, is a breach of confidentiality and will result in the services being ceased immediately.
10.5.1 This includes verbal and non-verbal. Non-verbal includes but not limited to, emails, all instant messaging service on any electronic device and social media (all social media services).
11. Legal Action
11.1 If there is any legal action brought against AGA, this will result in the immediate ceasing of any work and communication between the client and AGA.
11.2 IT will be confirmed with a resignation letter from AGA stating such decision
12. Payroll terms and conditions
12.1 The client must inform AGA of any employee starting employment within 14 days of this happening.
12.2 ALL details must be sent through. these details are:
Name – As per ID
Surname – As per ID
Other names – “also known as”
ID Number and copy of ID Book
Cell phone number
Another contact person
12.3 If any information in 12.2 above is not given, an employee cannot be loaded on the payroll system and therefore cannot be included in the Payroll calculation.
12.3.1 It is not the responsibility of AGA to remind the client to send this (or any) information more than once
12.3.2 AGA cannot be held responsible for any incorrect information given.
12.3.3 AGA will not be responsible for any fines and penalties resulting from incorrect information or late submissions.
12.4 Payroll taxes (PAYE, SDL, and UIF) are due on the 7th of the following month or last working day before
12.5 All payroll information is required 2 working days before the date in 12.4 in order accurate submission and to ensure the deadline is met.
12.6 For any employee leaving the company:
AGA must be informed within 14 days with the following details
Reason for termination
Date of termination
Date of last payment
Any adjustments to the final payment
It is the responsibility of the employer to give the employee the required documentation.
AGA may help if specifically requested in writing.
12.7.1 All employees will receive a payslip
12.7.2 This will be sent to the email address provided (if they have one) or the director (if they do not have an email address).
12.7.3 It is the responsibility of the employee (if sent to their email address) or the employer (if no email is provided), to keep the payslip secure and confidential.
12.7.4 AGA cannot be held responsible if email addresses provided are incorrect.
12.8.1 ALL salaries must be given to AGA in Gross amount (total amount) unless specifically requested in writing.
12.8.1 Payroll deductions will be levied at the applicable rate as prescribed by the Finance Minister of South Africa
12.8.2 This will not be altered in any circumstances unless the Finance Minister of South Africa prescribes this change.
12.9 Payroll taxes: (these are subject to change without notice)
12.9.1 Pay as you earn (PAYE) will be levied as per 12.8.1 above according to the statutory tables provided by SARS.
220.127.116.11 If there is a tax directive or any other approved way of calculating the PAYE deduction, it is the responsibility of the client to provide this information on a timely basis. (see clause 12 above). If not received within this time frame, the normal deduction formula will be used as per 12.9.1.
12.9.2 Unemployment Insurance Fund (UIF) is levied at 1% (or as per 12.8.1) of gross income
18.104.22.168 UIF is deducted for ALL employees as per 12.8.1 above
22.214.171.124 As per the laws of UIF calculations, directors are not included in the UIF calculation unless otherwise requested in writing.
126.96.36.199 UIF is paid by both employee (1%) and employer (1%) totalling 2%
188.8.131.52 Skills Development Levy (SDL) is a company expense and is levied at 1% of gross income
184.108.40.206.1 SDL is not required to be paid until the annual salary cost exceeds R 500 000
220.127.116.11.2 AGA will inform the client of this and will automatically deduct SDL from the payroll, without any confirmation from the client.
13. Tax disputes, verifications, audits and queries
13.1 Disputes and queries
13.1.1AGA can and will lodge disputes on behalf of a client
13.1.2 AGA has no involvement in the taxpayer lodging the dispute, we act on behalf of the taxpayer.
13.1.3 Results of the dispute are not guaranteed to be decided in favour of the taxpayer. AGA cannot predict or influence the decision of the dispute outcome.
13.1.4 The length on time taken to complete a dispute or query is not dependent on AGA in any way, these time frames are decided by SARS
13.1.5 Additional costs may be incurred and AGA reserves the right to charge the client for this extra work.
13.1.6 All responsibility is with the tax payer with regard to following up and finalising of disputes or queries.
13.1.7 It is the responsibility of the tax payer to ensure timeous submission of information to the relevant authorities. This does not fall on AGA or any of its employees or associates.
13.2 Verifications and Audits
13.2.1 AGA has in no way of predicting whether a tax payer gets a verification or audit. This is decided by SARS ONLY.
13.2.2 AGA can and will help with this process if necessary. It is the responsibility of the tax payer to ensure timeous submission of information to the relevant authorities. This does not fall on AGA or any of its employees or associates.
13.2.3 Results of this process are not guaranteed to be decided in favour of the taxpayer. AGA cannot predict or influence the decision of the dispute outcome.
13.2.4 All responsibility is with the tax payer with regard to following up and finalising of verifications or audits.
13.2.5 Additional costs may be incurred and AGA reserves the right to charge the client for this extra work.