1. About these Terms

These Terms & Conditions govern access to and use of the PROGXES website at www.progxes.com and the submission of enquiries, requests and information through the website. The website is operated by PROGXES (“PROGXES”, “we”, “us” or “our”). We provide professional services in learning, design and development, including Instructional Design & Development, Training Programmes, Workshops & Facilitation, Systems Implementation, Learning Academies, Learning Pathways, and Corporate Video Production.

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2. Acceptance and contractual documents

By using the website, submitting an enquiry or request, or otherwise engaging with information made available through the website, you agree to comply with these Terms & Conditions to the extent applicable to that use. These Terms & Conditions do not, by themselves, constitute an agreement to provide any particular service. Where we and a client enter into a quotation, Statement of Work (SOW), Service Level Agreement (SLA), master services agreement (MSA) or other written contract, that agreement will govern the relevant engagement to the extent of any inconsistency.

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3. Website information

Website content is provided for general information and service-description purposes. We aim to keep information reasonably accurate and current; however, service availability, scope, specifications, pricing, timelines, deliverables and commercial terms are confirmed in the applicable quotation or written agreement. Website content does not constitute a binding offer unless expressly stated otherwise.

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4. Enquiries, RFQs, RFPs and SOWs

The website may allow users to submit a Request for Quotation (RFQ), Request for Proposal (RFP), Statement of Work (SOW) or related business document. Submission of an RFQ, RFP, SOW or enquiry does not create a binding contract or guarantee acceptance. We may use information submitted to understand requirements, clarify scope, prepare proposals or quotations, assess feasibility and communicate with the submitting organisation, subject to our Privacy Policy and applicable law.

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5. Services, Quotations and Payments

Paid services and courses may be promoted through the website. The website does not provide an online payment checkout for these services. Clients engage with us to discuss requirements and receive a quotation or other commercial proposal. Unless a written agreement provides otherwise, services will commence after the relevant quotation, or agreement has been accepted and any required upfront deposit has been received. Payments must be made by Electronic Funds Transfer (EFT) to the bank account specified on the applicable invoice.

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6. Intellectual Property and Confidentiality

Unless expressly agreed otherwise in writing, we retain ownership of our intellectual property, including methodologies, frameworks, templates, tools, know-how, designs, systems, training materials and other proprietary materials. Rights in client-specific deliverables, including any licence or transfer of ownership, will be determined by the applicable written agreement.

Website content may not be copied, reproduced, republished, distributed, adapted, sold or commercially exploited without our prior written permission, except where permitted by law. Where confidential or proprietary information is to be shared with third parties, we may require a Non-Disclosure Agreement (NDA) or other appropriate confidentiality and information-protection agreement.

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7. User-Submitted Material

Users are responsible for ensuring that material submitted to us is accurate, lawful and authorised for submission. By submitting material, the user confirms that they have the necessary authority to provide it and that the submission does not knowingly infringe another person's rights.

We will use submitted material for the purposes for which it was submitted, including responding to an enquiry, evaluating requirements, preparing a quotation or proposal and performing an agreed engagement, subject to our Privacy Policy, applicable confidentiality obligations and applicable law.

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8. Third-party Links and Services

The website may contain links to third-party websites, platforms or resources. These links are provided for convenience and do not constitute an endorsement. We are not responsible for the content, availability, security, privacy practices or contractual terms of third-party websites or services.

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9. Professional Information

Our training and learning content is intended to support professional development and organisational capability. Unless expressly agreed otherwise in writing, we do not guarantee any particular commercial, operational, financial, legal, regulatory, employment or other professional outcome. Outcomes may depend on client circumstances, participant engagement, implementation and factors outside our reasonable control.

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10. Website Availability and Security

We implement reasonable technical and organisational safeguards appropriate to the website and the information processed through it. However, no internet-based service can be guaranteed to be continuously available, error-free or completely secure. Subject to applicable law, we are not responsible for interruptions, failures or security events outside our reasonable control.

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​11. Prohibited Use

You may not use the website for unlawful, fraudulent or abusive purposes, attempt to gain unauthorised access to the website, our systems or information, introduce malicious code or otherwise interfere with the operation of the website, submit information that you do not have the right to provide, or use website content in a manner that infringes intellectual property, confidentiality, privacy or other rights.

 

 

12. Limitation of Liability

To the extent permitted by applicable law, we will not be liable for indirect, incidental, consequential or special losses arising solely from use of the website or reliance on general website information. Liability arising from a specific client engagement will be governed primarily by the applicable written agreement. Nothing in these Terms & Conditions is intended to exclude or limit any liability that cannot lawfully be excluded or limited.

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13. Privacy and Access to Information

Personal information submitted through the website is processed in accordance with our Privacy Policy and applicable South African data-protection requirements, including the Protection of Personal Information Act 4 of 2013 (POPIA). Requests for access to records held by us may also be made under the Promotion of Access to Information Act 2 of 2000, as amended (PAIA), subject to its requirements and any lawful grounds for refusal.

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14. Changes to Terms & Conditions

We may update these Terms & Conditions from time to time. The version published on the website will apply to future website use from its effective date. Existing client engagements remain subject to their applicable contractual terms unless those terms are lawfully amended.

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15. Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of the Republic of South Africa. We operate across global markets, including South Africa, Africa, Europe and North America. An individual engagement may be subject to a different governing-law or jurisdiction clause where expressly agreed in writing or where mandatory law requires otherwise.

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16. Contact

For questions, enquiries or other matters relating to these Terms & Conditions, our website, or your interaction with us through the website, you may contact us using our contact form.

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Managing Director: Nicola Govender

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