6. Use of reports and other deliverables
6.1. Any advice, report, certificate, schedule or other deliverable arising from or in connection with the services will be for the sole use of the party or parties to whom it is addressed and may be relied upon only by that party or parties and used solely for the purpose/s for which it was prepared. No person other than the party or parties to whom it is addressed shall be entitled to place any reliance thereon for any purpose whatsoever.
6.2. Any such advice, report, certificate, schedule or other deliverable is based on your particular facts and circumstances at a particular point in time and on any applicable prevailing rules and regulations in force. Consequently, such advice, report, certificate, schedule or other deliverable may well not be relevant to another party or to you at a different time and/or under different circumstances.
6.3. Copies, in whole or in part of the advice, report, certificate, schedule or other deliverable or extracts therefrom may not be made available to any other party without our prior express written consent, which may be given or withheld at our discretion.
6.4. Only the final signed report, certificate, schedule or other deliverable should be relied and acted upon. Oral communications and draft reports/certificates/other documents must be regarded as preliminary and intended only for discussion purposes.
7. Limitation of liability
7.1. In the event that there are problems with the services that have been provided, the maximum liability of Zifundise, its partners, employees, and agents in respect of any and all claims which may arise in respect of the services shall be limited to two times the fees charged for these services individually. This maximum liability shall be an aggregate liability for all claims howsoever arising, whether by contract, delict, negligence or otherwise. This limitation will not apply where Zifundise is guilty of wilful misconduct or gross negligence.
7.2. Neither of us will be liable for any indirect or consequential damages or amounts for loss of income, profits, or savings arising out the services.
8. Termination and breach
8.1. Either of us may terminate our agreement by giving the other 30 days’ notice in writing.
8.2. You will be responsible for all fees and disbursements up to the date of termination. We may withhold your file and any report and/or advice until all outstanding amounts have been paid in full.
8.3. Zifundise will be able to terminate the agreement with you in the event of changes to laws, regulations, or the shareholding/group structure that would render such services illegal or in conflict with independence or professional rules.
8.4. If either of us commits a breach of any of these terms, and remains in default for a period of seven (7) days after receipt of written notice from the other party calling for such breach to be remedied, then, without prejudice to any other rights it may have hereunder or in law, that other party may terminate this agreement by written notice to that effect given to the defaulting party.