SME Business Coach – Terms & Conditions

SME Business Coach | smebusinesscoach.co.za | Last updated: January 2026

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the SME Business Coach website located at www.smebusinesscoach.co.za (the “Website”) and all coaching, advisory and related services provided by SME Business Coach (“we”, “us”, “our”).

By accessing our Website, registering for our services, downloading our resources, or engaging with us in any capacity, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

These Terms are governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA), and the Protection of Personal Information Act 4 of 2013 (POPIA).

2. About SME Business Coach

SME Business Coach is a South African business coaching and consulting practice that provides strategic coaching, business development advisory, mentorship, templates, training resources and related services to small and medium enterprises operating in South Africa.

We reserve the right to modify, suspend or discontinue any aspect of our services or Website at any time, with or without notice.

3. Eligibility

By using our Website or services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement
  • If acting on behalf of a business, you are authorised to bind that business to these Terms
  • All information you provide to us is accurate, current and complete

4. Services

4.1 Scope of Services

SME Business Coach offers a range of services including but not limited to:

  • One-on-one business coaching and mentoring sessions
  • Group coaching programmes and workshops
  • Business strategy and advisory consulting
  • Downloadable templates, toolkits and resource guides
  • Online courses and training materials
  • Newsletter and educational content

4.2 Nature of Coaching Services

Coaching and advisory services provided by SME Business Coach are educational and developmental in nature. They are not a substitute for professional legal, financial, accounting, tax or psychological advice. You acknowledge that:

  • Business outcomes depend on many factors outside our control, including market conditions, individual effort and external circumstances
  • Past results or testimonials do not guarantee future outcomes
  • You remain solely responsible for all business and financial decisions you make

4.3 Service Agreements

Paid coaching and advisory services will be governed by a separate service agreement or statement of work, which will be provided to you prior to commencement. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail in respect of the specific services described therein.

5. Fees and Payment

5.1 Pricing

Our fees are available on a personalised quote or service agreement provided to you. All prices are quoted in South African Rand (ZAR) and are inclusive of VAT unless expressly stated otherwise.

5.2 Payment Terms

Unless otherwise agreed in writing:

  • Payment is due prior to the commencement of coaching sessions or delivery of services
  • Invoices are payable within 7 (seven) business days of the invoice date
  • We reserve the right to suspend services where payment is outstanding
  • We accept payment via EFT and such other methods as may be communicated to you

5.3 Late Payment

Interest may be charged on overdue amounts at the maximum permissible rate under the National Credit Act or such other rate as agreed between the parties. Any costs incurred in recovering overdue amounts (including legal fees) will be for your account.

6. Cancellations, Rescheduling and Refunds

6.1 Coaching Session Cancellations

We understand that plans change. Our cancellation policy is as follows:

  • Cancellations made at least 48 hours before a scheduled session: Full credit or rescheduling at no charge
  • Cancellations made between 24 and 48 hours before a scheduled session: 50% of session fee forfeited
  • Cancellations made less than 24 hours before a scheduled session, or non-attendance without notice: Full session fee forfeited

6.2 Programme Cancellations by Client

Where you have enrolled in a multi-session programme or course:

  • Cancellations before programme commencement: Full refund less a 10% administration fee
  • Cancellations after programme commencement: No refund for sessions already delivered; a pro-rata refund may be considered for undelivered sessions at our discretion

6.3 Cancellations by SME Business Coach

In the unlikely event that we must cancel a session, we will notify you as soon as practicable and offer a full credit or rescheduled session at no additional cost.

6.4 Digital Downloads and Resources

All digital downloadable resources, templates and toolkits are free once access has been granted by creating an account.

7. Intellectual Property

7.1 Ownership

All content on our Website and in our resources, including but not limited to text, articles, templates, worksheets, guides, graphics, logos, course materials and branding (collectively “Content”) is the intellectual property of SME Business Coach and is protected by applicable South African and international intellectual property laws.

7.2 Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Content for your own personal or internal business purposes only. You may not:

  • Copy, reproduce, distribute, publish or sell our Content without our prior written consent
  • Modify, adapt or create derivative works from our Content
  • Use our Content for commercial purposes, resale or to train artificial intelligence systems
  • Remove or alter any copyright, trademark or other proprietary notices

7.3 Your Content

Any materials, business information or content you share with us during the course of our services remain your property. You grant us a limited licence to use such information solely for the purpose of delivering our services to you.

8. Confidentiality

Both parties acknowledge that in the course of our coaching relationship, confidential information may be shared. We will treat all information shared by you during coaching sessions as strictly confidential and will not disclose it to third parties except:

  • Where required by law or court order
  • Where you have given your express written consent
  • Where disclosure is necessary to prevent imminent harm to you or others

We ask that you similarly treat any confidential information, methodologies or materials we share with you as proprietary and confidential.

9. Website Use and Conduct

When using our Website, you agree not to:

  • Use the Website for any unlawful purpose or in violation of any applicable law
  • Transmit any harmful, offensive, defamatory or misleading content
  • Attempt to gain unauthorised access to our systems or data
  • Use automated tools to scrape, crawl or harvest data from our Website
  • Impersonate any person or misrepresent your affiliation with any entity
  • Engage in any activity that disrupts, damages or impairs the functionality of the Website

We reserve the right to restrict or terminate your access to the Website at any time if you breach these Terms.

10. Third-Party Links and Resources

Our Website may contain links to third-party websites, tools or resources for your convenience. These links do not constitute an endorsement of those third parties. We have no control over and accept no responsibility for the content, privacy practices or availability of third-party websites. You access them at your own risk.

11. Disclaimer of Warranties

To the maximum extent permitted by South African law, our Website and services are provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Website will be error-free, uninterrupted or free of viruses or harmful components
  • Warranties regarding the accuracy, completeness or currency of any information on the Website

Nothing in these Terms limits any consumer rights you may have under the Consumer Protection Act 68 of 2008, which cannot be excluded by contract.

12. Limitation of Liability

To the fullest extent permitted by law, SME Business Coach, its directors, employees, contractors and agents shall not be liable for any:

  • Indirect, incidental, special, consequential or punitive damages
  • Loss of profits, revenue, business opportunities or goodwill
  • Loss of data or business interruption
  • Any loss or damage arising from your reliance on information or advice provided through our services or Website

Our aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you for the specific service giving rise to the claim in the 3-month period prior to the event.

Nothing in these Terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded under the Consumer Protection Act or other applicable South African legislation.

13. Indemnification

You agree to indemnify, defend and hold harmless SME Business Coach and its directors, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of our Website or services
  • Your breach of these Terms
  • Any inaccurate information you provide to us
  • Your violation of any third-party rights or applicable law

14. Privacy and Data Protection

Your privacy is important to us. The collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available at www.smebusinesscoach.co.za. By using our services, you confirm that you have read and agree to our Privacy Policy.

15. Electronic Communications

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA):

  • You consent to receiving communications from us electronically, including via email and through our Website
  • You agree that electronic contracts, agreements and notices satisfy any legal requirement that such documents be in writing
  • You acknowledge that electronic communications are deemed received when sent to the email address you have provided to us

16. Amendments to These Terms

We reserve the right to amend these Terms at any time. Updated Terms will be published on our Website with a revised “Last updated” date. Where changes are material, we will endeavour to notify you via email. Your continued use of our Website or services after such amendments constitutes your acceptance of the revised Terms. If you do not agree with the amended Terms, you must discontinue use of our services.

17. Termination

We may suspend or terminate your access to our services or Website at any time, with or without cause, on reasonable notice. Upon termination:

  • All outstanding fees become immediately payable
  • Licences granted to you under these Terms will cease immediately
  • Provisions of these Terms that by their nature should survive termination (including confidentiality, intellectual property, and limitation of liability) shall continue to apply

18. Dispute Resolution

18.1 Good Faith Resolution

In the event of any dispute arising out of or in connection with these Terms or our services, the parties agree to first attempt to resolve the matter in good faith through direct negotiation. Either party may initiate this process by providing written notice of the dispute to the other.

18.2 Mediation

If the dispute is not resolved within 20 (twenty) business days of the notice, either party may refer the matter to mediation through a mutually agreed mediator or a mediator appointed by the Arbitration Foundation of Southern Africa (AFSA).

18.3 Litigation

If mediation fails to resolve the dispute, either party may pursue their legal remedies in the courts of the Republic of South Africa.

18.4 Consumer Complaints

If you are a consumer as defined under the Consumer Protection Act, you have the right to approach the National Consumer Commission (NCC) or the Consumer Goods and Services Ombud (CGSO) to resolve complaints.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the South African courts for the resolution of any disputes arising under or in connection with these Terms.

20. General Provisions

  • Entire agreement: These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between us and supersede all prior agreements or understandings
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction
  • Force majeure: Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including load shedding, natural disasters, or government action

21. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us:

For consumer-related concerns, you may also contact:

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