Legal Information

Terms, Privacy and Professional Disclaimers

This page sets out the terms under which Defence Essentials provides OHS document preparation services, how we handle your information, and the limitations of our professional liability.

Section 01

Terms of Service

1.1 Service Description

Defence Essentials provides manual preparation of occupational health and safety (OHS) documents for businesses, contractors, suppliers and project teams in South Africa. Services include safety file compilation, risk assessment preparation, method statement writing, tender OHS submission support, custom template creation and existing file gap reviews. All work is performed on a once-off quote basis.

1.2 Engagement Process

A valid engagement begins when Defence Essentials confirms acceptance of your request in writing (email or WhatsApp) and provides a quote. The quote specifies the scope of work, deliverables, turnaround time and fee. Work commences upon your written acceptance of the quote. No work is performed without confirmed acceptance.

1.3 Payment Terms

Payment is due in full before delivery of final documents unless otherwise agreed in writing. Payment methods will be specified on the invoice. Late payment may delay delivery and may incur interest at the rate prescribed by the National Credit Act.

1.4 Cancellation

You may cancel an engagement before work has commenced with no penalty. If work has commenced, you remain liable for work completed up to the point of cancellation, calculated on a pro-rata basis.

1.5 Revision Policy

One round of minor revisions is included in the quoted fee. Minor revisions include factual corrections, formatting adjustments and scope clarifications. Additional revisions or scope changes require a supplementary quote.

1.6 Turnaround Times

Turnaround times are estimates based on current workload and document complexity. Urgent requests are prioritised where possible but are not guaranteed. Defence Essentials is not liable for delays caused by incomplete information provided by the client.

Section 02

Privacy Policy

2.1 Information We Collect

We collect the information you provide when requesting a quote or engaging our services. This includes your name, company name, contact details, project scope, industry sector and any existing documents you share. We do not collect payment information directly; payments are processed through standard South African banking channels.

2.2 How We Use Your Information

Your information is used solely to prepare your OHS documents, communicate about your request and maintain our records. We do not sell, rent or share your information with third parties for marketing purposes. We may share information with legal authorities if required by law.

2.3 Data Retention

We retain your project records for a period of five years from the date of completion, in line with professional practice requirements. After this period, records are securely deleted. You may request deletion of your data earlier by written request, subject to our legal retention obligations.

2.4 Data Security

We store client information on password-protected devices with standard encryption. Documents are transmitted via email or secure file transfer. While we take reasonable precautions, no electronic transmission is completely secure. You accept this risk when transmitting information to us.

2.5 Cookies and Analytics

This website does not use tracking cookies or third-party analytics. We do not monitor your browsing behaviour. Server logs may record your IP address and page visits for security and troubleshooting purposes only.

2.6 Your Rights

Under the Protection of Personal Information Act (POPIA), you have the right to access, correct or delete your personal information. Submit requests to nqobile@defence-essentials.co.za. We will respond within 30 days.

Section 03

Document Disclaimer

3.1 Draft Status

Documents are delivered as drafts based on the information you provide. They are not final, approved or legally binding documents until reviewed and signed off by your organisation's appointed competent person. The term "draft" applies to all deliverables unless explicitly stated otherwise in writing.

3.2 Client Responsibility

You are responsible for:

  • Verifying the accuracy of all factual information in the documents
  • Ensuring the documents reflect your actual workplace conditions and activities
  • Appointing a competent person to review and approve the documents
  • Implementing the controls and procedures described in the documents
  • Maintaining and updating the documents as workplace conditions change

3.3 Limitations of Remote Preparation

Defence Essentials prepares documents remotely based on the information you supply. We do not conduct site inspections, physical measurements or real-time hazard observations. Documents are prepared to the best of our professional judgement based on the scope described. Site-specific conditions not disclosed to us may affect document accuracy.

3.4 Legislative Alignment

Documents are prepared with reference to the Occupational Health and Safety Act 85 of 1993, applicable regulations and relevant SANS standards as at the date of preparation. Legislation changes over time. You are responsible for ensuring documents remain current with applicable law.

Section 04

Professional Liability Limitations

4.1 Scope of Professional Duty

Defence Essentials owes a duty of care to prepare documents with reasonable skill and care based on the information provided. This duty does not extend to guaranteeing compliance outcomes, audit pass rates, tender success or the absence of workplace incidents.

4.2 Excluded Liabilities

Defence Essentials is not liable for:

  • Losses arising from your failure to review, approve or implement the documents
  • Losses arising from inaccurate or incomplete information provided by you
  • Changes in legislation after the date of document preparation
  • Workplace incidents, injuries or fatalities occurring after document delivery
  • Tender rejection or contract non-award for any reason
  • Consequential, indirect or punitive damages of any kind

4.3 Liability Cap

Where liability is established, Defence Essentials' total liability is limited to the fee paid for the specific service in question. This cap does not apply to liability for fraud, wilful misconduct or gross negligence.

4.4 Indemnity

You agree to indemnify and hold harmless Defence Essentials against claims, damages or losses arising from your use of the documents, your failure to obtain competent approval, or your misrepresentation of workplace conditions.

4.5 Insurance

Defence Essentials maintains professional indemnity insurance appropriate to the scale of its operations. Details available on request.

Section 05

Intellectual Property

5.1 Ownership of Deliverables

Upon full payment, you receive a non-exclusive licence to use the prepared documents for your internal business purposes, including submission to clients, filing and workplace distribution. You may not resell, redistribute or republish the documents as commercial products.

5.2 Template Rights

Custom templates remain the intellectual property of Defence Essentials. You receive a licence to use them within your organisation. You may modify them for your own use but may not sell or distribute them to third parties.

5.3 Website Content

All content on this website, including text, graphics and code, is the property of Defence Essentials or its licensors. You may not reproduce, modify or distribute website content without written permission.

Section 06

Governing Law and Jurisdiction

6.1 Applicable Law

These terms are governed by the laws of the Republic of South Africa, including the Occupational Health and Safety Act 85 of 1993, the Protection of Personal Information Act 4 of 2013, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008.

6.2 Jurisdiction

Any dispute arising from these terms or our services will be subject to the exclusive jurisdiction of the courts of South Africa. Parties agree to attempt mediation before litigation.

6.3 Severability

If any provision of these terms is found unenforceable, the remaining provisions continue in full force.

6.4 Amendments

These terms may be updated from time to time. The version current at the date of your engagement applies. Check this page for the latest version.

6.5 Contact for Legal Matters

Legal enquiries should be directed to nqobile@defence-essentials.co.za.

Last updated: July 2026

If anything is unclear, contact us before engaging our services. We are happy to clarify any provision.