HIS ASSIGNMENT (PTY) LTD
Terms and Conditions of Service
Governing the provision of payroll BPO and consulting services
Version 1.0 | Effective Date: April 2026 | www.hisassignment.co.za
1. Parties and Agreement
These Terms and Conditions (“Terms”) govern the relationship between HIS Assignment (Pty) Ltd (“HIS Assignment”, “we”, “us”) and any person or entity (“Client”, “you”) that engages our payroll BPO, consulting or related services.
By requesting a quote, accepting a proposal, engaging our services or submitting employee data to us for processing, you agree to be bound by these Terms. Where there is a conflict between these Terms and a specific written service agreement, the written service agreement will take precedence.
2. Services Provided
HIS Assignment provides the following services, as agreed with each client on a case-by-case basis:
- Full payroll administration — monthly processing, payslip generation and distribution
- SARS compliance management — EMP201, EMP501, IRP5/IT3(a) submissions
- UIF and SDL administration — monthly declarations and UI-19 submissions
- Leave management — tracking, reporting and balance maintenance
- Year-end tax certificate processing — IRP5 and IT3(a) generation
- Payroll consulting — ad-hoc advice, SARS dispute assistance and system clean-up
The specific scope of services for each client will be confirmed in writing via a service proposal or quotation. Services not included in the agreed scope will be quoted separately.
3. Client Obligations
The Client agrees to:
- Provide accurate, complete and up-to-date employee and company information required for payroll processing
- Submit all required payroll input (hours, leave, bonuses, changes) by the agreed monthly cut-off date
- Notify HIS Assignment promptly of any changes to employee status, salary, banking details or employment terms
- Provide valid and current SARS eFiling access credentials where required for statutory submissions
- Retain copies of all payroll records, IRP5s and statutory submissions as required by law
- Ensure that all information provided to HIS Assignment is lawfully obtained and that you have the authority to share it with us for payroll processing purposes
Late or incomplete submission of payroll input may result in delayed payroll processing. HIS Assignment will not be liable for penalties, interest or employee disputes arising from input received after the agreed cut-off.
4. Fees, Invoicing and Payment Terms
4.1 Fee Structure
Fees are determined by the number of active employees on payroll and the scope of services engaged, as set out in the client’s quotation or service proposal. Fees are reviewed annually and HIS Assignment will provide at least 30 days’ written notice of any fee adjustment.
4.2 Payment Terms
HIS Assignment operates on flexible payment terms depending on the service arrangement:
- Monthly retainer — invoiced at the beginning of each month, payable within 7 days
- Invoice on completion — invoiced upon delivery of the payroll run or service, payable within 7 days
- Upfront deposit — where agreed, a deposit is payable before work commences, with the balance due on completion
4.3 Late Payment
Accounts outstanding beyond 14 days may attract interest at the prime lending rate plus 2% per annum, calculated daily. HIS Assignment reserves the right to suspend services on accounts overdue by more than 30 days, without prejudice to any other rights or remedies.
4.4 Disputed Invoices
Any dispute regarding an invoice must be raised in writing within 7 days of the invoice date. Undisputed portions of an invoice remain payable by the due date.
5. Confidentiality
Both parties agree to treat all information exchanged in the course of the engagement as strictly confidential. HIS Assignment will not disclose any client or employee information to any third party except:
- As required by law or regulation (e.g. SARS submissions, UIF declarations)
- To payroll platforms used to process the client’s payroll (as disclosed in the Privacy Policy)
- With the express written consent of the client
This confidentiality obligation survives the termination of the service arrangement and continues indefinitely.
6. Data Processing and PoPIA
HIS Assignment acts as an operator (as defined in PoPIA) in relation to employee personal information processed on behalf of the client. The client, as the responsible party, confirms that:
- It has the lawful authority to share employee personal information with HIS Assignment for payroll processing purposes
- Employees have been informed, where required, that their personal information will be processed by an external payroll service provider
- It has complied with its own obligations as a responsible party under PoPIA
HIS Assignment will process personal information only for the purposes of delivering the agreed payroll services and will implement reasonable technical and organisational measures to protect that information, as described in our Privacy Policy.
7. Intellectual Property
All payroll reports, templates, processes, systems and methodologies developed or used by HIS Assignment in the delivery of services remain the intellectual property of HIS Assignment. The client is granted a non-exclusive right to use the outputs (payslips, reports, certificates) delivered to them for their own internal business purposes only.
8. Limitation of Liability
HIS Assignment will exercise reasonable professional care and skill in delivering all services. However:
- We are not liable for errors, penalties or interest arising from inaccurate, incomplete or late information provided by the client
- We are not liable for SARS or Department of Labour decisions, delays or system failures outside our control
- Our aggregate liability to the client for any claim arising from the provision of services is limited to the fees paid by the client in the three months immediately preceding the event giving rise to the claim
- We are not liable for any indirect, consequential or special damages, loss of profit or loss of business, however arising
Nothing in these Terms limits liability for gross negligence, wilful misconduct or fraud on the part of HIS Assignment.
9. Warranties
HIS Assignment warrants that:
- Services will be performed by suitably qualified and experienced personnel
- All SARS submissions will be made accurately based on the information provided by the client
- We will notify the client promptly of any SARS queries, assessments or correspondence received in connection with the client’s payroll
The client warrants that:
- All information provided to HIS Assignment is accurate, complete and lawfully obtained
- It has the legal authority to enter into this service arrangement
- It will comply with all applicable employment and tax legislation relevant to its employees
10. Commencement and Termination
10.1 Commencement
Services commence on the date agreed in the service proposal or, in the absence of a formal proposal, upon HIS Assignment’s first processing of payroll for the client.
10.2 Termination by Either Party
Either party may terminate the service arrangement by giving 30 days’ written notice to the other party. Notice must be given by email to the designated contact address for each party.
10.3 Immediate Termination
HIS Assignment may terminate the arrangement immediately and without notice if the client:
- Fails to pay any invoice within 30 days of the due date
- Provides materially false or misleading information
- Engages in conduct that is unlawful or that could expose HIS Assignment to legal or regulatory risk
10.4 Effect of Termination
Upon termination, the client must settle all outstanding fees within 14 days. HIS Assignment will provide the client with all payroll records, reports and certificates processed up to the termination date, in a format reasonably requested by the client. Each party’s confidentiality obligations survive termination.
11. Force Majeure
Neither party will be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to SARS or government system outages, load shedding, natural disasters, civil unrest or pandemic-related restrictions. The affected party must notify the other as soon as reasonably practicable and make all reasonable efforts to resume performance.
12. Dispute Resolution
In the event of a dispute arising from these Terms or the service arrangement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute remains unresolved after 14 days, either party may refer it to mediation before a mutually agreed mediator. If mediation fails, the parties may pursue their rights through the South African courts.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg, for the resolution of any disputes.
14. General
- Entire Agreement — these Terms, together with any service proposal or quotation, constitute the entire agreement between the parties relating to the subject matter hereof
- Amendments — no amendment to these Terms is valid unless made in writing and signed by both parties
- Waiver — failure by either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce it subsequently
- Severability — if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect
- Notices — all formal notices must be in writing and delivered by email to the designated contact addresses of each party
15. Contact and Acceptance
For any queries regarding these Terms and Conditions, please contact:
HIS Assignment (Pty) Ltd
396 Elgin Street, Ferndale, Randburg, Gauteng, 2194
Email: payroll@hisassignment.co.za
Tel: 084 709 0089
These Terms and Conditions were last updated in April 2026. HIS Assignment reserves the right to update these Terms at any time. Clients will be notified of material changes and continued engagement of our services constitutes acceptance of the revised Terms.