The Competition Act : -
The Competition Act, 1998 (Act No. 89, 1998) exists in order to provide all South Africans with equal opportunity to participate fairly in the national economy and to freely select the quality and variety of goods and services they desire.
Clients therefore have the right to go to any registered person who offers architectural services. The role of educating the public as to the different skills, qualifications and expected performance levels between the categories of professionals; lies with the professionals, the recognised Voluntary Associations and the Council (SACAP - South African Council for the Architectural Profession).
|
Competition Act.pdf Size : 486.992 Kb Type : pdf |
The Consumer Protection Act :-
The South African Consumer Protection Act, No 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights. The Consumer protection Act define a consumer as any person to whom goods and services are marketed, who is a user of the supplier’s goods, enters into a transaction with the supplier or service provider of any services and products.
As a consumer you have certain rights and you must know your rights and consumers should be aware that they are entitled to enforce their rights. The consumer protection act and the Bill of Rights allow consumer certain rights and these include the following:
-
Right to privacy.
-
Right to choose your product.
-
Right to fair and honest dealing.
-
Right to disclosure of information.
-
Right to fair and responsible marketing.
-
Right to accountability by suppliers.
-
Right to fair value, good quality and safety.
-
Right to fair, just and reasonable terms and conditions.
-
Right to Equality in the consumer market and protection against discriminatory marketing.
|
|
Consumer Protection Act 2008.pdf Size : 612.303 Kb Type : pdf |
Understanding the Protection of Personal Information Act - https://secureprivacy.ai/blog/south-africa-popia-compliance
The Protection of Personal Information Act 2020 (POPIA)
The POPI Act shares many similarities with the EU's General Data Protection Regulation (GDPR). It relies on the opt-in principle, which means that businesses must not process personal data without a legal basis, most often consent.
It also grants data subjects rights to their data privacy.
The POPIA applies to persons and companies that process personal data that are: Based within South Africa, or Based worldwide, but uses automated or non-automated means in South Africa.
Personal data under POPIA is any information relating to an identifiable, living, natural person and, where applicable, an identifiable, existing juristic person. South Africa's Protection of Personal Information Act also lists a number of personal information categories to clarify that they are considered to be personal information. That includes data on race, age, mental health, sexual orientation, marital status, social origin, etc., as well as biometric data, education data, opinions, and others. However, the definition is not limited to that list. Anything that identifies a person is personal information.
What are the POPIA data subject rights?
POPIA data subject rights include:
Right to know of the processing
Right to access the data Right to erasure
Right to correct the information
Right to object
When you receive a data subject request, you are obliged to respond to it within a reasonable time. There is no fixed time frame, like in many other data protection laws.
Do we need to collect consent to comply with the South African POPIA? You must collect consent for personal information processing under the South African POPIA unless you have another legal basis for it. The consent must be: Voluntary, meaning that the user shall give you consent free of any conditioning and by their unambiguous action; Informed, which means that you must inform the user of the data processing before obtaining consent; and Specific, meaning that you need specific consent for each specific processing purpose.
|
|
POPIA.pdf Size : 388.811 Kb Type : pdf |
Terms and Conditions :-
Claire Cardwell shall comply with any Act of Parliament, regulations and bylaws of any local authority and/or any public service company, or authority relating to the work, as may be applicable and required. Provided that if any fees are payable to any statutory body, or similar entity, the costs thereof shall be for the CUSTOMER’S account, it being recorded that the contract price stipulated on the face hereof is exclusive of any additional fees, charges, or taxes that may be payable pursuant to this particular clause.
INDEMNITY
1. CLAIRE CARDWELL indemnifies the CUSTOMER against any liability, loss, claim, or proceedings of whatever nature arising in common law, or by statute consequent upon personal injuries to, or the death of any person, or employee of CLAIRE CARDWELL arising out of, or in the course, or caused by the execution of the work (drawing up Architectural Plans), unless such loss, injury, or death is due to any act, or commission of the CUSTOMER, or his servants, or any agent acting in the interests of the CUSTOMER.
2. CLAIRE CARDWELL indemnifies the CUSTOMER against any liability, loss, claim, or proceedings consequent upon the loss of, or damage to any moveable, or immovable property arising out of, or in the course of the execution of the work (drawing up Architectural Plans) due to any willful, negligent, or reckless act, or omission by CLAIRE CARDWELL, or CLAIRE CARDWELL'S STAFF provided however that CLAIRE CARDWELL shall be entitled to act on any reasonable instructions by the CUSTOMER and that the execution of such an instruction shall not lead to any liability in terms of this clause.
3. Where any loss, or damage is insurable by a policy insuring structural damage, fire, riots, strike, damage and special perils, CLAIRE CARDWELL does not indemnify the CUSTOMER against such loss of, or damage to any structure being altered, or added, it being deemed that the CUSTOMER will have suitable and adequate structural insurance against the risk against losses in this regard.
EXCLUSION OF LIABILITY
1. When any loss results as a result of war, invasion, riot, warlike operations, civil unrest, acts of God, or any other act which is beyond CLAIRE CARDWELL control, BLUE DESIGNS shall not be liable for any losses which may result because of such action, notwithstanding any clause herein which may have indemnified the CUSTOMER against the risk of damages and/or loss.
A SAMPLE CONSULTANCY AGREEMENT PDF IS AVAILABLE FOR DOWNLOAD :-
|
|
Claire Cardwell Sample Consultancy Agreement 2025.pdf Size : 162.987 Kb Type : pdf |