Terms & Conditions

  1. “PiKE", "PiKE's Thinking" Digital Academy" and “PiKE Strategic” shall mean The Walter Pike Company (Pty) Ltd or any successors-in-title or assigns.
  2. “Customer” shall mean the purchaser of the goods and/or services in terms hereof.
  3. “Goods” shall include any books, contracts or training material.
  4. “Services” shall include any consultation, advice, drafting, training, speaking or other services rendered by PiKE, together with any support obligations ancillary to such services and agreed upon by PiKE.
  5. All goods and/or services sold and delivered by PiKE to Customer shall be subject to the terms and conditions stated herein. Customer is deemed to accept these Terms and Conditions on placement of an order with PiKE.
  6. Prices are quoted exclusive of VAT and in South African Rands, are ex-works Johannesburg and are subject to increase to such extent as PiKE may consider reasonable having regard for any change in customer’s delivery address, requisite transport and associated accommodation charges, or any other duty or levy.
  7. The quoted price does not include disbursements (eg. Transport costs, accommodation and subsistence) incurred by PiKE in the delivery of the goods and/or services, which disbursements shall be for Customer’s account. PiKE may charge for travelling time outside of a 25km radius of Randburg.
  8. All telephonic or IM support provided by PiKE is chargeable at normal hourly rates, pro-rata. The minimum charge is a 15 minute period. On-site support is chargeable at PiKE’s normal hourly rates. Any “standing/waiting” time will be charged in accordance with PiKE’s standard charges.
  9. PiKE quotations are valid for 30 days from date of the quote.
  10. Standard terms of payment are payment of a 50% deposit upon placement of the order, and the balance payable COD on official invoice, unless otherwise agreed in writing by PiKE.
  11. PiKE reserves the right to charge interest at 2% per month or part thereof on any arrear amounts outstanding and due and payable by Customer to PiKE.
  12. Customer shall not be entitled to withhold payment from PiKE for any reason whatsoever, including but not limited to set-off or counterclaim.
  13. A certificate by any staff member of PiKE (whose appointment need not be proved) as to the existence and amount of Customer’s outstanding indebtedness to PiKE, shall be prima facie proof of the contents and correctness thereof for the purpose of provisional sentence, summary judgment or any other proceeding against Customer and shall constitute a liquid document.
  14. If Customer defaults in punctual payment of any instalment or other amount due in terms of this agreement, or fails to observe or perform any of the terms, conditions and/or obligations of this agreement and remains in default for a period of 7 (seven) days after receipt of written notice calling upon Customer to make payment or remedy such breach, PiKE may, without prejudice to any of its other rights in law, elect to either claim immediate payment of all amounts in terms of this agreement, whether such amounts are immediately due or not, or terminate this agreement, take possession of the goods where applicable, and claim compensation for all and any loss suffered by PiKE.
  15. Time shall not be of the essence and delivery dates shall be treated as approximate only based on the latest information available to PiKE. Under no circumstances shall Customer be entitled to withdraw from or terminate any order on account of any delay in delivery nor have any claim of whatsoever nature against PiKE arising from late delivery.
  16. Under no circumstances whatsoever may Customer return or exchange any goods to PiKE.
  17. PiKE undertakes to take all reasonable precautions to ensure the correctness of the goods and services provided. However, PiKE does not provide any guarantee that the goods and services, including all information provided to the Customer is correct, up-to-date or complete. Under no circumstances can PiKE be held liable for any damages, including loss of profit, that result from any deficiencies in the content of the goods and/or services.
  18. All right, title and interest in and to all services, including copyright in documentation developed by PiKE shall at all times remain with PiKE, provided that the Customer shall acquire the right to use of such services upon full payment of all amounts due and payable to PiKE. Risk in and to all goods and/or services, however, shall pass to Customer on delivery.
  19. Customer will not, without the prior written consent of PiKE, sell, assign, encumber or otherwise dispose of the goods and/or services or any interest therein.
  20. Customer shall be responsible for the general maintenance of documentation, training, processes, as applicable, once goods have been transferred and services rendered. In the event that a Support Agreement has been concluded, PiKE’s responsibility in terms of such support shall be limited to the terms and obligations of such agreement, as applicable.
  21. Where applicable, including where training facilitation or conference speaking is required, the Customer is responsible for conducting the necessary logistical and administrative arrangements including equipment, venue, refreshments, photocopying and staff notifications prior to the scheduled date of delivery.
  22. Where speaking services are required payment terms are a 50% non refundable booking fee, the balance due 14 days prior to the event. For engagements cancelled from 14 days prior to the event the full speaking fee without discount is due. For engagements cancelled more than 14 days prior no cancellation fee is applicable.
  23. Customer shall not be entitled to cancel its order if, after having received the goods and/or services as ordered, it subsequently transpires that the goods and/or services are unacceptable to Customer for any reason.
  24. PiKE shall take reasonable care to ensure the correctness and quality of supply of services, but shall not be liable to Customer or any other person for any direct or indirect or consequential damages, or any loss of profit  or special damages of any nature whatsoever and whether in the contemplation of the parties or not which Customer may suffer as a result of any breach by PiKE of any of its obligations (including but not limited to any delay in delivery, or delivery of incorrect goods or services). Customer hereby indemnifies PiKE against any claim which may be made against PiKE by any other person in respect of any matter for which the liability of PiKE is excluded in terms hereof. 
  25. If PiKE institutes legal action against Customer, Customer agrees to pay all costs on the scale as between attorney and own client, together with collection commission. In this regard, Customer consents to the jurisdiction of the Witwatersrand Local Division of the High Court. Customer nominates as its domicilium citandi et executandi for all purposes the Customer’s street address as advised by Customer from time to time.
  26. No relaxation or indulgence granted by PiKE at any time shall be deemed to be a waiver of any of PiKE’s rights in terms hereof, and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions set out herein, or create any estoppel against PiKE.
  27. These terms and conditions constitute the whole agreement between the parties, except where the contrary is indicated. No addition, amendment or variation of these terms and conditions shall be of effect unless reduced to writing and signed by both parties.

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