General terms and conditions and POPIA privacy notice of Onyx Consulting Group (Pty) Ltd. Version 1.0, effective 21 October 2026.
Onyx Consulting Group (Pty) Ltd (registration number 2020/207876/07) (“the Company”)
These terms apply to every service the Company provides, including tender and bid compilation, consulting, software and AI services, whether you order online or engage the Company through an engagement letter. Please read clauses 3.8, 5.2, 6.1, 6.3, 7, 8.3, 9.2, 11.2 and 13.1 to 13.4 with particular care: they limit the Company’s liability, place risk on you and confirm that the Company does not guarantee outcomes that depend on a third party or on AI. You accept them in Part C.
“AI Services” means any Service, or feature of a Service, that uses artificial intelligence, machine learning or large language models to generate, analyse, summarise or transform content, including any AI skill, agent, tool or automated workflow the Company makes available (each a “Skill”). “Input” means anything you submit to an AI Service, and “Output” means the content an AI Service generates.
“Applicable Law” means all legislation, regulations, notices, instructions, practice notes and codes of conduct that apply to the Services or either party in the Republic of South Africa (and, where relevant, in any other jurisdiction), including procurement, anti-corruption, competition, B-BBEE, tax, company, consumer protection, electronic transactions, cybercrimes, data protection and financial intelligence laws, as amended, replaced or supplemented from time to time.
“Client” or “you” means the person or entity that engages the Company, acting through its authorised representatives. “Client Information” means all information, documents, data, pricing, Inputs and declarations you supply for a Service or that a Service requires from you.
“Deliverables” means the documents, reports, Submissions, Output and other results the Company provides as part of a Service.
“Engagement Letter” means a quotation, proposal, engagement letter or service agreement that you accept in writing, sign, pay a deposit on or instruct the Company to proceed with. “Online Order” means an order for a Service, including a Subscription, placed through the Platform. “Platform” means the Company’s website, online store, applications, client portals, booking and payment pages and any other electronic channel through which Services are offered, ordered or delivered.
“Services” means all services the Company provides, including tender and bid compilation, consulting, advisory, compliance and document preparation services, Software and AI Services, as described on the Platform or in an Engagement Letter. “Software” means any software, application, template, platform or digital tool the Company makes available, including on a software-as-a-service basis. “Subscription” means access to Software or AI Services for a recurring period.
“Submission” means any tender, bid, quotation, proposal, application or filing prepared with the Services for a Third-Party Decision-Maker. “Third-Party Decision-Maker” means any person outside the Company whose decision affects the outcome of a Service, including a procuring entity, regulator, authority, court, funder, lender, investor or counterparty.
“CPA” means the Consumer Protection Act 68 of 2008. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002. “POPIA” means the Protection of Personal Information Act 4 of 2013. “Business day” means any day other than a Saturday, Sunday or South African public holiday.
2.1These terms apply to all Services. You may engage the Company in one of two ways: (a) by Online Order, in which case these terms, the Service description and price shown on the Platform when you order, and the Company’s order confirmation form the agreement; or (b) by Engagement Letter, in which case these terms and the Engagement Letter form the agreement.
2.2If these documents conflict, they apply in this order: (a) the Engagement Letter, but only on scope, Deliverables, timelines and fees, and on any clause of these terms it expressly varies; (b) these terms; and (c) the Service description on the Platform. Nothing in an Engagement Letter reduces your rights under clause 13.5, clause 15.4 or Part B.
3.1The Platform shows each Service’s description, price (including VAT where charged), timeframe, Subscription period and any conditions before you order.
3.2Before you place an Online Order, the Platform lets you review it, correct any errors and withdraw (ECTA section 43(2)). An Online Order is an offer. The agreement is concluded when the Company’s order confirmation reaches you (ECTA section 22). The Company may decline an Online Order, in which case any payment is refunded in full.
3.3Payment. Online payments are processed by Payfast by Network or by any other payment service provider, payment gateway or payment facilitator that the Company appoints from time to time and identifies on the Platform (“the Payment Provider”). The Payment Provider is an independent third party certified to the Payment Card Industry Data Security Standard (PCI DSS). It collects and processes your card and banking details as an independent responsible party under its own terms and privacy policy; the Company never receives or stores your full card or banking details. A payment is regarded as made only once the Payment Provider confirms it to the Company. Unless the Platform states otherwise, Online Orders are paid in full when placed, and Subscriptions are paid in advance for each period, including by recurring billing through the Payment Provider where you authorise it. If the Company changes its Payment Provider, any recurring billing you authorised may be moved to the new Payment Provider after notice to you.
3.4Cooling-off. If you are a natural person, you may cancel an Online Order without reason or penalty within 7 days after the agreement is concluded, by written notice to hello@onyxco.co.za, and the Company will refund any payment within 30 days of your cancellation (ECTA section 44). This right does not apply to a Service that, with your consent, begins before the 7 days end, or to software that you download or activate (ECTA section 42(2)). When you order, you choose whether work or access should start immediately. Running a Skill at your request counts as the Service beginning.
3.5Unless the Platform states a different timeframe, the Company will begin an Online Order within 30 days after the agreement is concluded. If it does not, you may cancel on 7 days’ written notice and receive a full refund (ECTA section 46).
3.6By ordering, you confirm that you are at least 18 years old and, where you act for an entity, that you are authorised to bind it. You must keep your Platform login details confidential and are responsible for all activity under your account. Order confirmations, invoices and notices sent by email are regarded as received when they reach the email address you provided.
3.7Subscriptions. Subscriptions renew automatically for the same period unless you cancel before the renewal date through the Platform or by email to hello@onyxco.co.za. Cancellation takes effect at the end of the current paid period, and fees already paid for that period are not refunded except under clause 3.4. Where section 14 of the CPA applies to a fixed-term Subscription, the Company will notify you before it expires, and you may cancel on 20 business days’ notice, subject to a reasonable cancellation charge.
3.8No cancellation once run. Once a Skill has been run for you, or a Service has otherwise been performed or delivered, it cannot be cancelled and its fee is not refundable, except where you cancel under clause 3.5, where the Skill did not run or the Service was not delivered because of a fault on the Company’s side, or where the law requires a refund.
3.9Refunds and chargebacks. Any refund due under these terms is paid through the Payment Provider to the original payment method where the Payment Provider allows it, or otherwise by electronic transfer to an account in your name. Banks usually take up to 10 business days to reflect a refund after it is processed. The Company is not responsible for delays or failures caused by the Payment Provider or the banks that are outside its reasonable control. If you have a concern about a payment, please contact hello@onyxco.co.za before disputing it with your bank. Where a chargeback is raised for a Service that was properly ordered and provided, the Company may suspend access to that Service until the matter is resolved and may recover the disputed amount through the ordinary legal process.
4.1The scope, Deliverables, timelines, fees and payment terms of an engagement are set out in the Engagement Letter. Work outside that scope is quoted separately and done only once you approve it in writing.
4.2An engagement begins when you sign or accept the Engagement Letter in writing, pay any deposit it requires or instruct the Company to proceed, whichever happens first.
4.3Either party may propose changes in writing. A change binds only once both parties agree to it under clause 15.2.
5.1You must supply complete, accurate, current and lawfully obtained Client Information by the dates the Company sets, and review each draft within the period stated, failing which it is deemed approved.
5.2Your decisions. You remain responsible for the decisions you make on the basis of the Services, and for the truth of every declaration, document and Submission you sign or approve. The Company may check Client Information against public registers but does not warrant its accuracy or completeness.
5.3You are responsible for holding the registrations, licences, consents and approvals your business needs, unless obtaining them is part of the Services.
6.1Submitting party. Where a Service involves a Submission, such as a tender or bid, you remain the submitting party and are solely responsible for its content, pricing, declarations and signature. You must check and sign all declarations, pricing schedules and forms personally. Pricing decisions are yours.
6.2You are responsible for meeting the Third-Party Decision-Maker’s requirements at the closing date, including, for tenders, active CSD registration, valid tax compliance status, a true and valid B-BBEE certificate or affidavit, the registrations, gradings, licences and insurances the tender requires, and not being listed as a restricted supplier or tender defaulter.
6.3Lodging. You are responsible for lodging each Submission on time unless the Company has agreed in writing to do so. Where it has, it will use reasonable efforts, provided it receives your final approval and originals by the date it sets. The Company is not liable for late or failed lodging caused by late Client Information, couriers, portal failures, load-shedding, access control or other events outside its control.
7.1Third-party decisions. Where the outcome of a Service depends on a Third-Party Decision-Maker, that decision is theirs alone. The Company has no control over it and does not promise, warrant or guarantee any award, approval, registration, funding, ruling or other outcome, including that a tender or bid will be found responsive, scored at any level or awarded. No representative of the Company may make such a promise, and any such statement does not bind the Company.
7.2Past results. References to past results, success rates, timelines or estimates are not a prediction or guarantee of future results.
7.3Fees. Fees are payable whether or not the outcome you want is achieved, and are not refundable if a Third-Party Decision-Maker decides against you, if a tender is cancelled or re-advertised, or if you withdraw after work has started, except where you cancel under clause 3.4 or 3.5, or where that outcome was caused by the Company’s breach or negligence, in which case the Company will refund the fees paid for the affected Service.
8.1The Company grants you a non-exclusive, non-transferable licence to use the Software for your own business purposes for the period you have paid for. The Software and Platform remain the Company’s (or its licensors’) property.
8.2You may not copy, resell, sublicense, reverse engineer or modify the Software; scrape or extract data from the Platform; circumvent its security or usage limits; introduce malicious code; use it to build a competing product; or use it unlawfully.
8.3Availability. The Company will use reasonable efforts to keep the Platform and Software available and secure, but does not guarantee uninterrupted or error-free operation. It may carry out maintenance, and may update, change or withdraw features, giving reasonable notice of any change that materially reduces a paid Service.
8.4Client Information you upload remains yours. You may export it while your access is active and for 30 days after it ends, after which it is deleted under Part B. You are responsible for keeping your own copies of important records.
8.5The Company may suspend access if you breach clause 8.2, do not pay, or if suspension is needed to protect the Platform or other users, and will restore access once the cause is resolved.
8.6Third-party software, integrations and payment services are governed by their providers’ own terms.
9.1AI Services produce Output automatically. Output may be inaccurate, incomplete, outdated or similar to output generated for others.
9.2Verify all Output. You must review and verify all Output before relying on it, submitting it or publishing it. Output is not legal, financial, tax or other professional advice unless a qualified member of the Company’s staff confirms it in writing. The Company is not liable for loss arising from Output you rely on without verifying it.
9.3You must have the right to use your Inputs and a lawful basis for any personal information in them, and must not input special personal information unless the Service requires it. You may not use AI Services to create unlawful, deceptive, defamatory or discriminatory content, or to impersonate any person.
9.4The Company provides AI Services only through business-grade AI platforms whose providers act as its operators under written data processing terms. Those providers process Inputs and Output only to provide the AI Services. The Company will not use your Inputs or Output to train AI models, or permit its providers to do so, without your consent.
9.5On payment, the Company assigns to you whatever rights it has in Output produced for you, subject to third-party rights. Because AI Services can produce similar Output for different users, the Company does not warrant that Output is unique. For Submissions, Output is tailored to your Client Information and reviewed under clause 11.3(d).
9.6AI Services are not used to make decisions about individuals that have legal effects for them based solely on automated processing (section 71 of POPIA).
10.1Fees, payment terms and any VAT are as shown on the Platform for Online Orders and Subscriptions, or as set out in the Engagement Letter. The Company may withhold Deliverables until they are paid for in full. Disbursements are charged at cost unless included in the price.
10.2Overdue amounts bear interest from the due date at the rate set out in the Engagement Letter or on the Platform, not exceeding the maximum rate permitted by law, including the National Credit Act 34 of 2005 where it applies.
10.3If Client Information is late, the Company may decline to proceed, proceed at your sole risk, or charge any urgency fee stated in the Engagement Letter or on the Platform.
11.1Both parties will comply with all Applicable Law, including, without limitation, the Prevention and Combating of Corrupt Activities Act 12 of 2004, the Competition Act 89 of 1998, the Broad-Based Black Economic Empowerment Act 53 of 2003, the Preferential Procurement Policy Framework Act 5 of 2000, the Public Finance Management Act 1 of 1999, the Municipal Finance Management Act 56 of 2003, the CPA, POPIA, ECTA, the Cybercrimes Act 19 of 2020, the Copyright Act 98 of 1978, the Financial Intelligence Centre Act 38 of 2001 and the regulations under them, including the Preferential Procurement Regulations, 2022 and the supply chain management regulations. Neither party will offer any gratification in connection with a Service, or engage in collusion, bid-rigging, fronting or misrepresentation.
11.2Termination for misconduct. The Company may terminate immediately, without refund of fees earned, if it reasonably suspects any such conduct, and may make any report the law requires.
11.3Other clients and competing Submissions. You acknowledge that the Company acts for other clients, including your competitors and other parties to the same tender, transaction or process. The Company will: (a) keep each client’s Client Information, pricing, strategy and documents strictly confidential and separate, and never disclose them to, or use them for, another client; (b) never share, compare, coordinate or suggest prices, discounts, margins or decisions on whether or how to bid between clients; (c) never prepare or facilitate a cover bid or any arrangement between competitors prohibited by section 4(1)(b)(iii) of the Competition Act 89 of 1998; (d) prepare each client’s method statements, profiles and other narrative content separately, so that competing Submissions do not share substantive content; and (e) restrict each client’s files to the staff working on that client’s matter. Similarities arising only from the Company’s standard formats or from the Third-Party Decision-Maker’s own documents are not a breach of this clause. The Company does not advise any client on its position relative to another client it acts for.
12.1Client Information remains yours. The Company’s templates, methods, Software and know-how remain its own. On full payment, you may use the Deliverables for your own business purposes.
12.2Each party keeps the other’s confidential information secret, except where disclosure is required by law or by a Third-Party Decision-Maker for the purpose of the Service. Personal information is handled under Part B.
12.3Operator role. Where the Company processes personal information on your behalf to provide a Service (for example, about your directors, staff, referees or customers, including in Inputs and uploaded data), it does so as your operator under POPIA. It will process that information only on your mandate and for the Service; keep it confidential; apply the security measures section 19 of POPIA requires; notify you immediately of any actual or suspected compromise (section 22); not transfer it outside South Africa except under section 72; and return or destroy it at the end of the retention period in section 7 of Part B. For its own client, Platform, billing, records, compliance and marketing purposes, the Company is a responsible party under Part B.
12.4As responsible party for personal information you supply about other people, you must have a lawful basis to share it, must give those people Part B or the individual notice in Part D before sharing it (section 18 of POPIA), and must obtain each individual’s written consent where criminal-record or health information is required.
13.1Standard of care. The Company will perform the Services with reasonable care and skill and gives no other warranty.
13.2Exclusions. To the extent the law allows, the Company is not liable for loss arising from any decision of a Third-Party Decision-Maker; from inaccurate, false or late Client Information; from any document or Submission you signed or approved; from Output you relied on without verifying it; from interruption of the Platform or Software outside the Company’s reasonable control; from decisions you make; or from the acts of third parties other than the Company’s own staff, subcontractors and operators.
13.3Indirect loss and limit. The Company is not liable for indirect or consequential loss, including loss of any contract, award, approval, profit, data or opportunity. Its total liability per Online Order, Subscription period or engagement is limited to the fees paid for it, except for loss caused by the Company’s breach of confidentiality, of clause 11.3 or of clause 12.3.
13.4Your indemnity. You indemnify the Company against all claims, losses and legal costs (attorney-and-own-client scale) arising from false, incomplete or unlawfully obtained Client Information; Inputs that infringe another person’s rights; your misuse of the Software or AI Services; fronting, collusion or corruption by you; your breach of these terms; or personal information you shared without authority.
13.5Nothing limits liability for gross negligence, fraud or any liability that cannot lawfully be limited under the CPA.
14.1Either party may terminate if the other fails to remedy a material breach within 5 business days of written notice.
14.2You may end an engagement at any time on written notice, and a Subscription under clause 3.7. You pay for work done, access used and disbursements incurred up to termination.
14.3Clauses 3.8, 3.9, 7, 9.2, 9.5, 10, 11.3, 12, 13 and 15 survive termination.
15.1South African law applies. Disputes are first negotiated between senior representatives for 10 business days, then may be mediated or taken to a competent court; you consent to Magistrates’ Court jurisdiction. Where the CPA applies, you may also approach the National Consumer Commission.
15.2These terms, the Engagement Letter or order confirmation, and your acceptance under Part C are the whole agreement. A variation binds only if it is in writing and signed by both parties, by hand or with an advanced electronic signature; an exchange of emails does not by itself vary these terms. No indulgence is a waiver, and any unenforceable clause is severed.
15.3Notices go to the addresses in Part C or your Platform account and, for the Company, to its registered office at 55 Richards Drive, Halfway House, Midrand, Gauteng, 1687 and hello@onyxco.co.za. A director’s certificate of amount owing is prima facie proof.
15.4A reference to any law includes that law as amended, re-enacted or replaced, and its regulations. These terms are subject to Applicable Law and must be read to comply with it. Where Applicable Law imposes a stricter obligation or confers a right that cannot be waived, that law prevails, and any term that would otherwise conflict with it is limited to the extent necessary to comply, without affecting the remaining terms.
15.5The Company may update these terms for future Online Orders and engagements, and for Subscriptions from their next renewal after giving you notice. The version that applies is the one you accepted when you ordered, engaged the Company or renewed. The Company keeps an electronic record of each acceptance, including the version, date and time, and that record is prima facie proof of your acceptance.
15.6Supplier information (ECTA section 43). Onyx Consulting Group (Pty) Ltd, a private company registered in South Africa, registration number 2020/207876/07. Registered office, physical address and address for service of legal documents: 55 Richards Drive, Halfway House, Midrand, Gauteng, 1687. Telephone: 073 037 7600. Email: hello@onyxco.co.za. Website: https://onyxco.co.za. Directors: Oratilwe Komati, Hlawutelo Khosa, Lesiba Lekoloane, William Kwakwa and Nthabiseng Mokotedi. Prices, payment, Subscription periods and timeframes are on the Platform or in the Engagement Letter; cancellation and refunds are in clauses 3.4, 3.5, 3.7, 3.8, 3.9, 7.3 and 14; payment security is in clause 3.3; and the privacy policy is Part B. You can save and print these terms and your order confirmation as a full record of the transaction. Complaints may be sent to hello@onyxco.co.za and will be acknowledged within 5 business days; disputes are dealt with under clause 15.1.
15.7Events outside a party’s control. Neither party is liable for a delay or failure to perform caused by an event outside its reasonable control, such as load-shedding, network or platform outages, failures of third-party providers, strikes, natural disasters, epidemics or acts of government, provided it notifies the other party promptly and takes reasonable steps to limit the effect. This clause does not excuse payment of fees for Services already provided. If the event lasts more than 30 days, either party may terminate the affected Service on written notice, and the Company will refund fees paid for any part of it not yet performed.
15.8Assignment and subcontracting. You may not cede or assign your rights or obligations without the Company’s written consent. The Company may subcontract parts of a Service and may cede or assign its rights to a successor or affiliate, and remains responsible for its subcontractors as if they were its own staff.
Onyx Consulting Group (Pty) Ltd (“we”) processes personal information in accordance with POPIA and its regulations, the Promotion of Access to Information Act 2 of 2000, ECTA, the Cybercrimes Act 19 of 2020, the Information Regulator’s guidance notes and codes of conduct, and, where they apply to the processing, foreign data protection laws. This notice applies to our clients, to users of our Platform, Software and AI Services, and to the people whose information our clients supply for a Service.
Onyx Consulting Group (Pty) Ltd, registration number 2020/207876/07, 55 Richards Drive, Halfway House, Midrand, Gauteng, 1687. Information Officer: Hlawutelo Khosa, hello@onyxco.co.za, 073 037 7600.
Our role. When we process personal information on a client’s behalf to deliver a Service (for example, information about the people named in a tender, or personal information in a client’s Inputs or uploaded data), we act as the client’s operator and process it only on the client’s mandate (Part A, clause 12.3). For our clients’ own contact and account information, our Platform, billing, records, legal compliance and marketing, we are the responsible party.
2.1Client and contact information: names, contact details, company details, Platform account details, and order, Subscription and engagement history.
2.2Information about people connected to a client that a Service requires, such as identity numbers, CVs, qualifications, professional registrations and references.
2.3Entity and compliance records: CIPC and CSD documents, tax compliance status, B-BBEE certificates or affidavits, gradings, bank confirmation letters and financial statements.
2.4Inputs, uploaded files and Output, which may contain personal information, together with logs of how the Software and AI Services are used.
2.5Special personal information: race information in B-BBEE and ownership documents, which we process under section 29(b) of POPIA because B-BBEE measures are designed to advance persons disadvantaged by unfair discrimination; and, only where a Service requires it, criminal-record or health information, which we process only with the written consent of the individual concerned (section 27(1)(a)). Access is restricted to the staff working on that Service.
2.6Payment and billing records, such as amounts, dates, references and payment status. Online payments are processed by our payment service provider (currently Payfast by Network, or any replacement we name on the Platform), which collects your card and banking details as an independent responsible party under its own privacy policy; we never receive or store your full card or banking details.
2.7Platform data: IP address, device and browser information, cookies and usage information.
2.8Children: where a Service requires information about a child (for example, a minor shareholder or trust beneficiary), we process it only with the consent of a competent person (sections 34 and 35). Our Platform is not intended for use by children.
| Purpose | Lawful basis (section 11) |
|---|---|
| Providing Services ordered online, by Subscription or under an Engagement Letter | Contract with the client; client’s mandate as its operator |
| Operating the Platform, Software, AI Services, accounts and security | Contract; legitimate interest |
| Processing payments, invoicing and record-keeping | Contract; legal obligation |
| Preventing fraud, fronting, misuse and corruption | Legitimate interest; legal obligation |
| Pursuing or defending legal claims | Legitimate interest |
| Service updates and offers to existing clients | Section 69(3), with an opt-out in every message |
| Marketing to anyone else | Consent only |
| Analytics cookies | Consent |
Supplying information is voluntary, but we need the information we ask for to provide a Service, and for some Services it is required by law or by a Third-Party Decision-Maker (for tenders, by National Treasury’s standard bidding forms, the Preferential Procurement Regulations, 2022 and the B-BBEE Codes of Good Practice). If it is not supplied, we may be unable to provide the Service, and a Submission may be found non-responsive. We do not use Inputs or Output to train AI models without consent, and we do not make decisions about individuals based solely on automated processing.
We collect information from you, from your use of the Platform, Software and AI Services, from public registers such as CIPC and the CSD, and from our clients. We collect information about a client’s directors, shareholders, staff, referees and partners through the client because collecting it from each of them directly is not reasonably practicable within service deadlines and does not prejudice their legitimate interests (section 12(2)). The client must give those individuals this notice, or the individual notice in Part D, before sharing their information (section 18(2)). We will give this notice directly to any individual on request.
5.1We share personal information only with: any Third-Party Decision-Maker a Service requires it to be submitted to (such as the procuring entity receiving a tender); operators bound by written confidentiality and security agreements (sections 20 and 21), such as AI platform providers under written data processing terms, and hosting, cloud, IT, printing and courier providers; our payment service provider, to process payments; our professional advisers; and authorities where the law requires. We do not sell personal information.
5.2Some operators, such as AI model, cloud email, hosting and storage providers, may process information on servers outside South Africa. We use only providers subject to laws, binding corporate rules or binding agreements that give protection substantially similar to POPIA (section 72).
We apply reasonable technical and organisational safeguards appropriate to the information we hold, including restricting access to staff who need it, and confidentiality undertakings from staff and operators. We review these safeguards regularly. We will notify affected data subjects and the Information Regulator (through its eServices portal) of any compromise as soon as reasonably possible (section 22).
Personal information about people connected to a client is kept for 12 months after the Service is completed (for a tender, after its outcome is known or the tender is cancelled), and is then destroyed or de-identified, unless the client asks us in writing to keep it for future work. Uploaded data, Inputs and Output are deleted 30 days after Platform access ends, unless an Engagement Letter says otherwise. Client account, order and engagement records are kept for 3 years after our last engagement, the period within which most claims prescribe. Invoices and accounting records are kept for 5 years, as the Companies Act and Tax Administration Act require. Cookie data is kept for no longer than 12 months. We keep information longer only where the law or a pending claim requires it.
You may request access to your information; ask us to correct it, or to delete it where section 24 of POPIA allows; object to processing based on legitimate interest, and to direct marketing at any time; withdraw consent where we rely on it (which may prevent us from providing a Service); not be subject to decisions based solely on automated processing; complain to the Information Regulator (www.inforegulator.org.za); and institute civil proceedings (section 99). Contact our Information Officer in writing or by telephone; we respond within 30 days. Access requests follow our PAIA manual, available on request from our Information Officer.
The Platform uses essential cookies to function. We use analytics cookies only if you accept them through the cookie banner, and you can change your choice at any time in your browser settings.
The current version of this notice is available on the Platform and on request from hello@onyxco.co.za. Version 1.0, effective 21 October 2026.
Online Orders and Subscriptions: you accept by ticking the boxes at checkout. Engagement Letters: complete this page and return it with the signed Engagement Letter.
Tick each box to accept and consent. Work starts only once boxes 1 and 2, and box 3 where applicable, are ticked.
☐1. Terms and Conditions. I have read and accept Part A. I understand that no outcome that depends on a third party is guaranteed, that fees are payable whatever the outcome (subject to clause 7.3), that I must verify all AI Output before relying on it (clause 9.2), that no refund is due once a Skill has run (clause 3.8), and that the limitation of liability and indemnity in clause 13 apply. I am responsible for the truth of all Client Information and for the decisions I make. I acknowledge that the Company acts for other clients, including competitors, under clause 11.3.
☐2. Privacy Notice and operator mandate. I have read Part B. I confirm that the Client has a lawful basis to share the personal information of other people it supplies and has given them Part B or the individual notice in Part D. The Client appoints the Company as its operator under clause 12.3 of Part A for the Services.
☐3. Criminal-record or health information. Where a Service requires this information about any person, I confirm that each such person has signed the individual consent below. ☐ Not applicable. (Race information in B-BBEE documents is processed under section 29(b) of POPIA and needs no separate consent.)
☐4. Marketing (optional). I agree to receive service updates, tender alerts and marketing from the Company by email, SMS, WhatsApp or telephone. I may opt out at any time.
☐5. Online Orders only: immediate start. I ask the Company to start the Service, give me access or run any Skill immediately, and understand that once it starts I can no longer cancel under the 7-day cooling-off period in clause 3.4, and that a Skill that has run cannot be cancelled or refunded (clause 3.8). ☐ No, start after the cooling-off period.
By ticking the boxes above and returning this document (or accepting it electronically), the authorised representative confirms their authority to bind the Client and agrees that this constitutes acceptance and signature under ECTA.
I, ______________________________ (ID number ______________________), consent to Onyx Consulting Group (Pty) Ltd processing my ☐ criminal-record ☐ health information only for the purpose of the Service provided to ______________________________ (reference ______________________), as described in Part B. I understand that I may withdraw this consent at any time by notifying hello@onyxco.co.za.
The Client must give this notice to every person whose personal information it supplies to Onyx for a Service (for example, the directors, shareholders, staff and referees named in a tender), before sharing that information.
1. Why you are receiving this notice. The Client has engaged Onyx Consulting Group (Pty) Ltd (“Onyx”) to provide the Service above, for example compiling a tender. Your personal information is included because the Service requires it. The Client is supplying it to Onyx, rather than you supplying it directly, because collecting it from each person within the Service deadline is not reasonably practicable (section 12(2) of POPIA).
2. Who processes it. Onyx processes your information as the Client’s operator, only on the Client’s instructions and only for this Service. Onyx may use software and AI tools under its staff’s supervision; no decision about you is made solely by automated means, and your information is not used to train AI models. Onyx’s Information Officer is Hlawutelo Khosa, hello@onyxco.co.za, 073 037 7600, 55 Richards Drive, Halfway House, Midrand, 1687.
3. What information. Your name, ID number, contact details, CV, qualifications, professional registrations and references, as the Service requires. Where you are an owner or director, the race information in B-BBEE and ownership documents, which is processed under section 29(b) of POPIA to apply preferential procurement measures. Criminal-record or health information is processed only if the Service requires it and you sign a separate written consent.
4. Is it compulsory? No, but the Service may require it. For tenders, procurement law and the tender documents (including National Treasury’s standard bidding forms and the Preferential Procurement Regulations, 2022) require it, and without it a Submission may be found non-responsive.
5. Who receives it. Any third party the Service requires it to be submitted to (such as the organ of state that issued a tender); Onyx’s service providers (such as AI, cloud storage, IT, printing and courier providers) under written confidentiality agreements; and authorities where the law requires. Some providers may process information outside South Africa, but only where protection substantially similar to POPIA applies (section 72). Your information is never sold or used for marketing.
6. How long it is kept. Onyx keeps it for 12 months after the Service is completed (for a tender, after its outcome is known or the tender is cancelled), and then destroys or de-identifies it, unless the law or a pending claim requires otherwise.
7. Your rights. You may ask for access to your information; ask for it to be corrected, or deleted where section 24 of POPIA allows; object to its processing; withdraw any consent you gave; complain to the Information Regulator (www.inforegulator.org.za); and institute civil proceedings (section 99). Contact Onyx’s Information Officer in writing or by telephone. The full Privacy Notice is available on request from hello@onyxco.co.za.
Onyx Consulting Group (Pty) Ltd · Reg. 2020/207876/07 · 55 Richards Drive, Halfway House, Midrand, Gauteng, 1687 · hello@onyxco.co.za · 073 037 7600. Version 1.0, effective 21 October 2026.