Legal
Terms of Service
The signed agreement with you governs. This is a plain-language summary.
The service
Maclan Perform delivers one complete people function to owner-led businesses in five layers: Growth Engine, Performance, Career, People P&L and Foundation. The layers are not sold separately. The exact services available to you depend on the plan band you select.
Who we are
Maclan Perform, Cape Town, Western Cape, South Africa. We are a member of a registered employers' organisation and work with a panel law firm for legal representation beyond the included scope.
Fees and payment
The monthly fee is set by your plan band and billed monthly in advance. There is no setup fee and no charge per employee, per hire or per matter. Fees are reviewed on each anniversary using the higher of your revenue or headcount band. Payment is due within 7 days of invoice.
Guarantees and service credits
Our guarantees are set out on the Guarantees page and measured monthly. Each guarantee breach triggers a service credit of 25% of the monthly fee, capped at 100% of that month's fee. Credits are applied automatically to the next invoice. A guarantee is suspended only for the month in which its dependency is not met.
Outcome share
20% of the monthly fee is at risk against the contribution-per-head target we agree with you. The target, measurement method and verification process are documented in the onboarding pack. If the target is missed, that 20% is not invoiced.
What we need from you
You give us accurate employee, payroll, financial and operational information on time. You notify us of new hires, terminations, disputes, regulator contact and workplace incidents without delay. You give us authority to file statutory returns and correspond with SARS, the UIF, bargaining councils and other regulators on your behalf where needed.
Data and confidentiality
Your business and employee data is yours. We hold it in confidence and use it only to deliver the service. We process employee personal information as an operator under POPIA on your written instruction. We return or delete your data on termination, except where statute requires us to keep records.
Intellectual property
Documents, policies, templates and reports we create specifically for you become your property on payment. Our methodology, tools and reusable templates remain ours.
Liability
Our liability is limited to the fees you paid in the 12 months before the claim, plus any service credits or funded representation already agreed. We are not liable for losses caused by incorrect information you gave us, or for events outside our reasonable control.
Term and termination
The agreement begins when you accept these terms and continues month-to-month. Either party may cancel with 30 days' notice in the first 12 months and 60 days' notice thereafter. We may terminate earlier for non-payment or material breach after 14 days' written notice to remedy.
Disputes
If there is a dispute, the parties first try to resolve it in good faith through senior managers. If that fails within 30 days, either party may refer the dispute to mediation in Cape Town. If mediation fails, the dispute is decided by the courts of South Africa.
General
These terms, together with your plan description and the Guarantees page, form the entire agreement. Changes must be in writing. If one part is unenforceable, the rest remains in effect. South African law governs.
Questions: hello@maclan.co.za
Maclan Perform is a member of a registered employers' organisation. Legal representation is provided through our panel law firm.