1. Introduction and acceptance
Welcome to SureCare. This website is operated by Sure Care Consulting (Pty) Ltd (“SureCare”, “we”, “us”, “our”).
These Terms and Conditions govern access to and use of the website at surecare.co.za (the “website”), enquiries submitted through the website, and the general terms that apply to the tax services we offer.
By accessing or using this website, you agree to these Terms and Conditions. If you do not agree, please stop using the website.
When we take on work for you, we will confirm the scope, fees and specific terms in a written engagement letter. If there is a conflict between these Terms and a signed engagement letter, the engagement letter prevails for the services concerned.
Nothing in these Terms limits or excludes any right you have, or any liability we have, that cannot lawfully be limited or excluded under South African legislation, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, where they apply. Where the Consumer Protection Act applies and any clause of these Terms is inconsistent with it, the Act prevails. The clause then applies only to the extent that it is consistent with the Act, and the remaining clauses continue to apply.
2. Website information is not tax advice
Information on this website, including our FAQs, is general in nature. It is not tax, legal or financial advice, and is not a binding offer to supply a service at a particular price. Tax law, rates and SARS practice change regularly, often with each annual Budget. Every taxpayer’s circumstances are different, so please do not act on website information without first getting advice on your own situation. We take reasonable care to keep the website accurate, but its content may change without notice.
3. Enquiries, quotations and engagement
Submitting an enquiry does not create a client relationship or a contract. Unless otherwise agreed in writing:
- Quotations are valid for the period stated in the quotation.
- Work begins once you have accepted our engagement letter or quotation and provided the information we need to start.
- Work outside the agreed scope, such as additional tax years, SARS audits, objections or appeals that arise later, may be quoted and charged separately.
- We may decline an engagement, for example where there is a conflict of interest or we cannot complete our client acceptance checks.
4. Professional standards
We provide our services with reasonable skill, care and diligence, in good faith and in your best interests, in line with the Tax Administration Act 28 of 2011 and the code of conduct of our recognised controlling body. Our SARS tax practitioner registration number is PR-0005841. We are members of the South African Institute of Taxation (SAIT).
5. Your responsibilities
You are always in control of your own tax affairs. The law places the final responsibility for the accuracy and completeness of your returns on you as the taxpayer. You are responsible for:
- giving us complete, accurate and truthful information and documents, on time;
- telling us about all income, assets and circumstances that may be relevant, and about any changes;
- reviewing and approving each return or submission before we file it with SARS, and asking us about anything you do not understand;
- making the final decision on disclosures and filing strategy, after considering our advice;
- forwarding to us promptly any correspondence you receive from SARS, as SARS deadlines are strict;
- paying any tax, penalties and interest due to SARS directly and on time; and
- keeping your own copies of your tax records and supporting documents.
We rely on the information you give us and are not required to audit or verify it, but we will tell you if something appears incorrect or incomplete. When you give us information about another person, you confirm that you are entitled to share it.
6. Dealing with SARS on your behalf
To act for you, you authorise us to communicate with SARS, access your tax information and submit returns and other documents on your behalf, within the scope of our engagement. We use our own registered tax practitioner profile on SARS eFiling. We will not ask for, or use, your personal eFiling login details.
We do not control SARS. We cannot guarantee the outcome of any assessment, verification, audit, objection or appeal, the amount of any refund, or how long SARS will take. Refunds are paid by SARS directly into your own verified bank account. We never receive or hold tax refunds on your behalf.
7. Deadlines, penalties and interest
We work to meet SARS deadlines where we receive complete information and your approval in good time. We are not responsible for penalties, interest or other consequences that result from information or approvals that are late, incomplete or inaccurate, from your failure to pay amounts due to SARS, or from SARS system outages and other circumstances beyond our reasonable control. If we make an error, we will tell you and work to correct it, subject to section 14.
8. Fees and payment
Fees are set out in our quotation or engagement letter. Unless otherwise agreed:
- we give you a clear quote before work starts, based on the complexity and expected scope of the work;
- our fees do not depend on the outcome of your matter or the size of any refund;
- invoices are payable according to the terms stated on them;
- Sure Care Consulting (Pty) Ltd is registered for VAT. Our fees are subject to VAT at the applicable rate, and our quotes and tax invoices show the VAT amount;
- tax, penalties and interest payable to SARS are your responsibility and are not part of our fees; and
- if undisputed fees remain unpaid after reasonable written notice, we may pause further work, subject to applicable law and our professional obligations.
If you dispute a fee, please let us know. We will try to resolve it reasonably through discussion first.
9. Confidentiality
We treat your tax and financial affairs as strictly confidential. We disclose confidential information only with your consent, where needed to carry out your instructions, or where the law requires it, for example under the Tax Administration Act, the Financial Intelligence Centre Act 38 of 2001 or a court order. We may also disclose it to our recognised controlling body where required for professional oversight. Our Privacy Policy explains how we handle personal information.
10. Records and documents
We keep records of our work for as long as the law and our professional obligations require. The Tax Administration Act generally requires tax records to be kept for five years from the date a return is submitted, and longer where an audit, objection or appeal is in progress. Original documents you give us remain yours and will be returned on request. Please keep your own copies, as you also have a legal duty to keep your tax records.
11. Electronic communications and fraud prevention
You consent to receiving electronic communications reasonably necessary to respond to enquiries and provide our services. Email is not completely secure, so we may ask you to use a more secure method for sensitive documents. Electronic agreements, records and communications are governed by South African law, including the Electronic Communications and Transactions Act 25 of 2002.
We will never change our banking details by email alone. If you receive a message that appears to come from us asking you to pay into a different account, call us on 060 758 0000 to confirm before making any payment. We are not responsible for payments made to a fraudulent account without this confirmation.
12. Intellectual property
All intellectual property in the website, including the SureCare name and logo, text, design and code, belongs to Sure Care Consulting (Pty) Ltd or its licensors and is protected by law. You may view the website for personal or internal business purposes, but may not copy, reproduce or distribute its content without our written permission. Advice, computations and documents we prepare for you may be used for your own tax affairs, but not passed off or published as your own work.
13. Acceptable website use
You may not:
- attempt to gain unauthorised access to the website, servers or connected systems;
- introduce malware, malicious code or harmful software;
- interfere with the website’s availability, security or functionality;
- use the website for fraudulent or unlawful purposes;
- submit false, abusive or misleading information through the website, or impersonate another person;
- infringe intellectual property or privacy rights; or
- use automated tools to submit forms or to extract content in a way that interferes with the website.
We may take proportionate steps to prevent misuse, including restricting access where reasonably necessary.
14. Warranties and limitation of liability
The website and its information are supplied “as is” and as available, and may be updated without notice. We do not warrant that the website will be uninterrupted or error-free.
To the maximum extent permitted by law, we are not liable for any loss or damage arising from use of, or reliance on, the public website, including indirect or consequential loss, except where caused by our gross negligence or wilful misconduct.
Our liability for professional services is governed by our engagement letter and applicable law. We are not liable for loss arising from information that you did not disclose to us or that was inaccurate or incomplete. Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud or wilful misconduct.
15. Indemnity
To the extent permitted by law, you indemnify us against third-party claims arising from your unlawful use of the website, your breach of these Terms, or information you gave us that was false or that you were not entitled to share.
16. Ending our services
Either party may end an engagement by giving written notice, as set out in the engagement letter. You remain responsible for fees for work done up to that date. When an engagement ends, we will return your documents on request, hand over information reasonably needed by a new practitioner on your instruction, and withdraw as your representative with SARS. We will not withhold your personal information or documents where doing so would be unlawful.
17. Privacy and POPIA
Personal information is processed in line with our Privacy Policy, POPIA Notice and the Protection of Personal Information Act 4 of 2013.
18. Cookies
This website uses cookies and similar technologies, such as browser storage. By using the website, you agree to the use of strictly necessary technologies, which keep the website secure, protect our contact form from spam and remember your cookie choice. The website cannot work properly without them, so they cannot be switched off.
Optional technologies, such as anonymous visitor statistics, are used only if you consent through our cookie banner. They are off by default, and you can accept, reject or change your choice at any time using the Cookie settings link at the bottom of every page. Withdrawing consent does not affect anything done before you withdrew it. We do not use advertising or marketing cookies.
The technologies we use, their providers, purposes and durations are listed in the cookies section of our Privacy Policy. You may also block or delete cookies in your browser settings. If you block strictly necessary technologies, parts of the website, including the contact form, may not work.
19. External links
The website may link to external websites, such as SARS. We do not control the content, privacy practices or availability of those websites. Please read their terms and privacy notices.
20. Changes to these Terms
We may update these Terms to reflect changes in our services, the law or our business. The current version is always published on this page with its date. Changes affecting an existing engagement will be managed in line with the engagement letter and the law.
21. Governing law, complaints and disputes
These Terms are governed by the laws of the Republic of South Africa. If you are unhappy with our service, please contact Danie van den Berg first, and we will try to resolve it in good faith. If a dispute cannot be resolved, either party may pursue an appropriate legal remedy before a South African court or other competent forum. Nothing in this clause limits your right to complain to our recognised controlling body, the Information Regulator or any other applicable regulator.
Legal notices must be delivered in writing to our address for service in section 22. General enquiries may be sent to danie@surecare.co.za.
22. Company information and contact
- Registered name: Sure Care Consulting (Pty) Ltd
- Registration number: 2016/005870/07
- Physical address and address for service: 39 Polo Crescent, Leeuwenhof Estate, Silver Lakes, Pretoria, 0054
- Contact person: Danie van den Berg
- Email: danie@surecare.co.za
- Phone: 060 758 0000
- Website: https://surecare.co.za