Terms & Conditions
SALESMINDSET TERMS & Conditions
- 1. Website Terms and Conditions of Use Relating to www.salesmindset.co.za
- These Terms and Conditions (“the Terms and Conditions”) govern you (“the User”) use of Salesmindset website located at the domain name www.salesmindset.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the request or consent of Salesmindset.
- 2. Electronic Communications
- By using this Website or communicating with Salesmindset by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
- 3. E-Commerce & Privacy
- 3.1. The Website www.salesmindset.co.za sells sales skills and mindset courses and sales coaching in South Africa. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds Salesmindset harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
- 3.2. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Salesmindset and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by Salesmindset under any circumstances.
- 3.3. Salesmindset cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
- 3.4. Salesmindset will supply all goods to the delivery company in good order. Salesmindset will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
- 4. Payment Terms & Conditions
- 4.1. Upon signed acceptance of any quote, a 50% deposit is required to secure the dates requested by the client. Until a deposit is received, we won’t be able to confirm your required training dates.
- 4.2. The full training fee is to reflect in Salesmindset’s account at least 3 working days prior to the commencement of any training.
- 4.3. Should the full fee not reflect in Salesmindset’s account 3 working days prior to the commencement of training, Salesmindset (Pty) Ltd reserves the right to cancel the training and revert to the cancellation clause below for a 75% of-full-cost cancellation fee which will remain immediately payable.
- 4.4. Training will not be carried out unless the full fee is paid prior to the commencement of the training.
- 5. Cancellation of Training
- 5.1. Upon acceptance of this quote, any cancellation of the agreement within the time periods below will result in the following penalty fees:
- 5.1.1. 30 days prior to the commencement of the training date – 50% penalty of total fee.
- 5.1.2. 14 days prior to the commencement of the training date – 75% penalty of total fee.
- 5.1.3. Within 7 days of the commencement of the training date – 100% of total fee will be due.
- 5.2. Should any legal costs be accrued by Equinox Business Solutions (T/A Salesmindset) in order to recoup the penalty fee or any unpaid amounts owing to Salesmindset then it will the responsibility of the client to pay Equinox Business Solutions legal fees and any other costs accrued during the legal process to recoup outstanding payments.
- 5.1. Upon acceptance of this quote, any cancellation of the agreement within the time periods below will result in the following penalty fees:
- 6. Training Facilities, Resources and Catering
- 6.1. For all our Inhouse courses conducted at our client sites, the client will be responsible for providing a suitably sized, professional and comfortable training room with the following requirements:
- 6.1.1. Sufficiently sized training room to accommodate the number of trainees and trainer including any required social distancing measures.
- 6.1.2. 1 x temperature-controlled training room – aircon or heating.
- 6.1.3. High quality projector and screen (OR TV) with sound capability and speakers.
- 6.1.4. 1 x white flipchart or white board with coloured marker pens.
- 6.1.5. Extension cable and double adaptor plugs for 2 pronged and 3 pronged plugs.
- 6.1.6. Paper and pens for all trainees.
- 6.2. Catering for all training days – Water/Tea/ coffee, healthy snacks & lunch for each day of training.
- 6.1. For all our Inhouse courses conducted at our client sites, the client will be responsible for providing a suitably sized, professional and comfortable training room with the following requirements:
- 7. Number of Trainees
- 7.1. Any Salesmindset quote applies to the quoted number of trainees per group as agreed upon.
- 7.2. Additional salespeople included in the training will draw an additional fee to be determined by Salesmindset.
- 7.3. The quote herein is aimed at salespeople, their team leaders, managers and employees directly involved in sales for the client quoted only.
- 7.4. It is acknowledged that the course quoted herein is not directed at our client’s staff who are in Training, Human Resources or any similar employees who are not directly involved in selling for the company.
- 7.5. Salesmindset does offer a train-the-trainer model and can be quoted separately should this be a requirement.
- 7.6. Any person employed by another company other than our client will not be allowed to attend the training.
- 8. Costs for Developing Additional Training Material
- Salesmindset will always tailor the training material to our client’s needs as best as possible within the context of the course quoted on. However, should the client require Salesmindset to develop new or additional training material outside of the current course then an hourly rate will be charged to develop any new material.
- 9. Client Responsibility
- Salesmindset will not be held responsible for the performance of any salespeople after the training due to the number of variables that affect performance other than training including aptitude, proper recruitment practice, adherence to the training principles, ongoing support by management, participation in the mentoring program and adherence to the sales framework or the enforcement of individual accountability for the activities required after the training.
- 10. Copyright and Ownership of Intellectual Property Rights
- 10.1. © Copyright. All rights reserved. The fee for the training described herein does not include ownership of the course material or provide our client with the rights to use, re-use, share, replicate, duplicate, copy or redistribute the training material, its content, including slides, videos, training manuals, and mentoring program or any course material, either for personal use, company use, either fully or in part.
- 10.2. The course content remains exclusively the property of Dylan Bowen and Equinox Business Solutions (Pty) Ltd (T/A Salesmindset) and may not be copied, duplicated, transmitted digitally or manually. Furthermore, the training material (in any form) may not be used for internal or external training purposes either by our client for itself or it’s holding company, trading company, partners or subsidiaries either directly or indirectly or shared with vendors, suppliers, family members or any third party with the purpose of carrying out training on behalf of our client or any other third party without due payment to Salesmindset for the carrying out of these services on the clients behalf.
- 10.3. Our client acknowledges the IP (Intellectual property) for the course described herein belongs to Equinox Business Solutions (T/A Salesmindset) and should it require the training to be carried out to other employees, either permanent or contractual staff, fully or in part, then our client agrees to employ Salesmindset to deliver the training at Salesmindset’s current course price at the time of the engagement of our services.
- 11. Tracking & Monitoring Performance
- Our client agrees to track the activity levels and key performance indicators (Provided during training) of each sales trainee (involved in the training) providing monthly feedback on the salesperson’s performance per KPI and growth of their sales in comparison to previous performance for a period no less than 3 months from the time sales training has been completed. All tracking templates will be agreed upon in conjunction with the client prior to training taking place.
- 12. Acceptance of Terms and Conditions
- Our client agrees to the above terms and conditions & quote herein. Furthermore, as company representative I agree to take responsibility for ensuring our client upholds all points enclosed within the contractual agreement including the copyright and ownership of intellectual property, payment terms, cancellation fees, training resources and client responsibility for the company and its employees.
- 13. Public Sales Courses Payment
- 13.1. A 50% deposit is required to secure your seat and full payment is required 48 hours prior to training commencing. No trainee will be allowed to attend the training without full payment reflecting in Salesmindset’s Bank account prior to the training. All cancellations should be submitted in writing to info@salesmindset.co.za as soon as possible. Should a cancellation be received within 14 days of the training date then the full fee will still be liable. Any cancellations received in writing more than 14 days prior to training commencing will be liable for 25% of the full fee.
- 13.2. Salesmindset reserves the right to change the dates of the training, the venue or cancel the event should the event no longer be a viable option, and these changes will be clearly communicated as soon as the details are confirmed.
- 13.3. Authorisation: I confirm that I understand the terms and conditions herein and that I am liable for payment either personally or have the authority for payment on behalf of the company to which I am employed.
- 14. Refund and Return Policy
- Any complaints regarding the standard and quality of the product/service or products/services bought by consumers through the e-commerce facility should be directed to the CEO at info@salesmindset.co.za, or at Cnr Leslie & Turley Roads, Lonehill, Sandton, 2062.
- 15. Limitation of liability
- The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Salesmindset nor any holding company, affiliate or subsidiary of Salesmindset, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Salesmindset is expressly advised thereof.
- 16. Privacy: casual surfing
- The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Salesmindset uses this information to determine use of the Website, and to improve Content thereon. Salesmindset assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
- 17. Choice of Law
- This Website is controlled, operated and administered by Salesmindset from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Salesmindset and the User with regard to the use of the Content and this Website.
- 18. Updating of these Terms and Conditions
- Salesmindset reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Effective as of 22 May 2020.