1. Who these terms apply to
These terms govern the use of this website and all services supplied by Zimingo Consulting, a sole trader business registered with the Netherlands Chamber of Commerce (Kamer van Koophandel) under registration number [KvK number], with its place of business in The Hague, the Netherlands.
Zimingo Consulting is referred to below as “Zimingo”, “I” or “me”. The person or organisation booking a call or engaging services is referred to as “you” or “the client”. Booking a call, accepting a proposal or instructing work signals acceptance of these terms.
2. Services
Zimingo provides governance, risk and compliance advisory services, including:
- privacy diagnostics and data discovery under the Protection of Personal Information Act (POPIA) and the General Data Protection Regulation (GDPR)
- outsourced Information Officer services in South Africa and outsourced Data Protection Officer services in Europe
- programmes that operationalise privacy and artificial intelligence (AI) compliance
- audits and assurance covering AI governance, data privacy and data protection
- internal audit and risk assurance
- training, workshops and board briefings, delivered in person and online
The scope, fee, timeline and deliverables for each engagement are set out in a separate proposal, engagement letter or statement of work. Where those documents conflict with this page, the engagement document takes precedence.
3. Discovery calls and bookings
The 60-minute discovery call is a paid consultation, booked through the scheduling link on this website and held by video call. Payment is taken at the time of booking and confirms the slot.
The discovery call fee is credited in full against your first invoice if you book a consulting engagement with Zimingo within 7 days of the call.
Cancellations, rescheduling and refunds are governed by the Refund and Cancellation Policy, which forms part of these terms.
4. Fees, invoicing and payment
Fees are quoted in euros (EUR), United States dollars (USD) or South African rand (ZAR), depending on the market in which the engagement sits, and are stated in the engagement document. Value added tax and any other applicable taxes are charged in addition where they apply.
Discovery calls are paid at the point of booking through the payment provider integrated with the booking system. Consulting engagements are invoiced as set out in the engagement document, and invoices are payable within 14 days of the invoice date unless agreed otherwise in writing.
Work may be suspended on overdue invoices, and statutory interest and reasonable collection costs may be charged on late payment.
5. Your responsibilities
Delivery depends on timely access to the right people, documents and systems. You agree to provide accurate information, nominate a single point of contact, and make documents and interviewees available within the agreed timeline.
Where a fixed price and phase-by-phase sign-off have been agreed, they hold within reason. Time lost because requested documents or approvals are not supplied, and no serious reason for the delay is given, may be invoiced separately.
6. Fixed price and change of scope
Fixed price engagements are priced on the scope recorded in the engagement document. Work that falls outside that scope is quoted and agreed in writing before it begins.
7. Nature of the advice
Zimingo provides professional advisory services, not legal advice, and does not act as your attorney. Advice is given on the facts, documents and instructions available at the time. Decisions on how to act on that advice remain with you and your board.
Compliance outcomes depend on your own implementation and on regulatory interpretation, so no particular regulatory decision, audit outcome or certification result is guaranteed.
8. Intellectual property
Zimingo retains ownership of all methodologies, frameworks, templates, training materials, models and know-how used or developed in the course of an engagement, including anything created before or independently of your engagement.
On payment in full, you receive a non-exclusive, non-transferable licence to use the deliverables prepared for you for your own internal business purposes. Reports, training materials and templates may not be resold, published or shared outside your organisation without written permission.
Website content, including text, publications and branding, remains the property of Zimingo and may not be reproduced commercially without written permission.
9. Confidentiality
Information you share in the course of an engagement is treated as confidential and used only to deliver the work, apart from information already public, independently known, or required to be disclosed by law or a regulator. The same obligation applies to information Zimingo shares with you.
Confidentiality obligations continue after the engagement ends. Where a separate non-disclosure agreement is signed, that agreement governs.
10. Data protection
Personal data collected through this website, the booking system and email is processed to respond to enquiries, deliver services, issue invoices and meet legal obligations. Details are set out in the Privacy Notice.
Where Zimingo processes personal data on your behalf as part of an engagement, a written data processing agreement is put in place as required by Article 28 of the GDPR, or the operator provisions of POPIA where South African law applies.
11. References and publicity
Neither party names the other in marketing material, case studies or public commentary without written consent. Anonymised, non-identifying descriptions of the type of work delivered may be used unless you tell me otherwise in writing.
12. Liability
Zimingo carries professional business insurance appropriate to the services provided.
Liability for any engagement is limited to the total fees paid for that engagement, or the amount paid out by the professional insurer for the claim, whichever is higher. Liability for indirect or consequential loss, including loss of profit, loss of business, loss of anticipated savings, regulatory fines and reputational loss, is excluded.
Nothing in these terms limits liability for intentional misconduct or gross negligence, or for anything that cannot be limited under Netherlands law.
Claims must be raised in writing within 12 months of the event giving rise to the claim.
13. Termination
Either party may end an engagement on 14 days written notice. Work completed and expenses committed up to the termination date are payable in full.
An engagement may be ended immediately where the other party materially breaches these terms and fails to remedy the breach within 14 days of written notice, or where continuing would place either party in breach of law or professional obligation.
14. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including illness, network or infrastructure failure, government restriction or travel disruption. Where such an event continues beyond 30 days, either party may end the engagement, with fees due for work already delivered.
15. Website content
Material published on this website is provided for general information and does not constitute advice for any particular organisation. External links are provided for convenience, and Zimingo takes no responsibility for content hosted elsewhere. The website is provided as it stands, and uninterrupted availability is not guaranteed.
16. Changes to these terms
These terms may be updated from time to time, and the version published on this website at the date of your booking or engagement is the version that applies to it.
17. Complaints
Concerns about any aspect of the service should be raised with me directly at info@vuyogwayi.com. I aim to acknowledge within 3 working days and resolve within 14 working days.
18. Governing law
These terms are governed by the law of the Netherlands. Disputes are submitted to the competent court in The Hague, unless mandatory law requires otherwise. Consumer clients keep any rights available to them under mandatory consumer protection law.
