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Terms & Conditions

Terms and Conditions for BadgerTec

Last Updated: 21 August 2025

1. Introduction
These Terms of Service ("Terms") govern your use of the services provided by S.M Labuschagne trading as BadgerTec ("we," "us," "our"). By engaging our services, you (the "Client") agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement (where applicable).

2. Service Description
BadgerTec provides remote operational intelligence, consulting, and advisory services. This includes, but is not limited to:

  • Operational Audits ("Honey Badger Audit")
  • Process Documentation & Knowledge Capture ("Document Everything" / "Documentation as a service" (D.A.A.S))
  • Undercover Operational Analysis ("The Shadow Operative")
  • Strategic IT Leadership & Advisory ("The 10th Man - Tech Guardian")
  • Custom Software Development
  • Technical Support & Diagnostics

All services are provided on a project or retainer basis as outlined in a separate Service Level Agreement (SLA) or Statement of Work (SOW).

3. Client Responsibilities
The Client agrees to:

  • Provide accurate and complete information necessary for BadgerTec to perform the services.
  • Designate a single point of contact for communication and decision-making.
  • Grant necessary remote access to systems, tools, and personnel for the duration of the engagement.
  • Ensure all necessary permissions and consents (e.g., for employee interviews under POPIA) are obtained.

4. Fees and Payment Terms

  • Fees: Fees are based on the agreed-upon SOW/SLA. We charge either a fixed project fee or a monthly retainer. Hourly rates may apply for work outside the scope of an agreement.
  • Payment: Invoices are issued upon agreement or at the start of a monthly retainer period. Payment is due within 14 days of invoice date.
  • Payment Methods: Payment is accepted via electronic bank transfer (EFT) only.
  • Late Payment: Accounts overdue by more than 30 days may be subject to suspension of services and a late fee of 2% per month on the outstanding balance.

5. Confidentiality & Data Protection (POPIA/GDPR)

  • Confidentiality: We treat all Client information as strictly confidential. We will not use or disclose any confidential information except as necessary to perform the services or as required by law.
  • Data Processing: In performing our services, we may process personal data on your behalf. We agree to:
  • Process such data only on your documented instructions.
  • Ensure that persons authorized to process the data are committed to confidentiality.
  • Implement appropriate technical and organizational measures to secure the data.
  • Assist you in fulfilling data subject access requests.
  • Delete or return all data to you at the end of the engagement.
  • Client Data: The Client warrants that it has the legal right to disclose all data provided to BadgerTec and is compliant with POPIA and other applicable data protection laws.

6. Intellectual Property

  • Pre-Existing IP: Each party retains ownership of its pre-existing intellectual property.
  • Work Product: Upon full payment, the Client will own the specific deliverables outlined in the SOW (e.g., reports, documented processes). BadgerTec retains ownership of its underlying methodologies, frameworks, tools, and know-how.

7. Limitation of Liability
Our services are advisory and diagnostic in nature. You understand and agree that BadgerTec shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability for any claim arising from these Terms shall be limited to the total fees paid by the Client to BadgerTec in the three (3) months preceding the event giving rise to the claim.

8. Warranties
Services are provided on an "as-is" and "as-available" basis. BadgerTec makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

9. Termination
Either party may terminate an ongoing retainer agreement with 30 days' written notice. For project-based work, termination terms will be specified in the SOW. Upon termination, the Client agrees to pay for all services rendered and expenses incurred up to the termination date.

10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

11. Contact Information
For all questions, billing inquiries, and data protection requests, please contact:
Email: info@badgertec.co.za