Terms of Service
Last updated: April 28, 2023
Introduction
These Terms of Service ("Terms") govern your access to and use of the services provided by ESBD ("we," "our," or "us"), including our website and consulting services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Services Description
ESBD provides professional consulting services in the oil and gas sector, including but not limited to:
- HSE (Health, Safety, and Environmental) Training & Consulting
- Leadership Coaching
- Hazards Operability Studies (HAZOPS)
- Green Transition Projects
- Strategic Partnership Development
- Business Ethics & Governance Consulting
Client Engagements
All client engagements will be governed by a separate written agreement that outlines the specific scope of work, deliverables, timeline, and compensation. These Terms supplement any such agreement.
Professional Standards
We are committed to providing our Services with the highest level of professional care and skill. However, the nature of consulting services means that outcomes cannot be guaranteed. We will use reasonable efforts to achieve the objectives outlined in our engagement agreements.
Confidentiality
We recognize that in the course of providing our Services, we may have access to confidential and proprietary information. We commit to maintaining the confidentiality of such information and will not disclose it to third parties without proper authorization.
Similarly, clients agree to maintain the confidentiality of our proprietary methodologies, tools, and other intellectual property.
Intellectual Property
All intellectual property rights in our Services, including but not limited to methodologies, frameworks, reports, presentations, and other materials, remain the property of ESBD unless explicitly transferred in a written agreement.
Clients may use deliverables provided by us for their internal business purposes but may not reproduce, distribute, or create derivative works without our written permission.
Website Use
Our website is provided for informational purposes only. You may not:
- Use our website in any way that could damage, disable, or impair the site
- Use any automated means to access or collect data from our website
- Use our website for any illegal or unauthorized purpose
- Modify, adapt, or hack our website
Limitation of Liability
To the maximum extent permitted by law, ESBD shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use our Services.
Our total liability for any claims arising under these Terms shall not exceed the amount paid by you for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability.
Indemnification
You agree to indemnify and hold harmless ESBD and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of our Services or your violation of these Terms.
Compliance with Laws
Both parties agree to comply with all applicable laws, regulations, and industry standards, including but not limited to anti-corruption laws, environmental regulations, and health and safety requirements.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or relating to these Terms shall be resolved through arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.
Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Client engagements may be terminated according to the provisions in the specific engagement agreement.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Contact Us
If you have questions or concerns about these Terms, please contact us at:
Email: info@esbdipc.com
Phone: +27 81 305 0533
Address: 8 Malgas Avenue, Birch Acres, Kempton Park, South Africa, 1618