(The agreement)
Between
The organisation represented by the authorised individual who subscribed it on this website
(You)
And
Victor Online Legal Consultancy (PTY) LTD
(Us)
INTRODUCTION;
We aim to offer all our clients a professional and efficient legal service and understand that you will want to know the basis on which we will act for you. This document therefore sets out the terms and conditions on which we will conduct your business. If you have any queries regarding its contents please contact Yolanda Viljoen.
Defined Events
The firm shall provide legal assistance to you as the owner/director of the entity in respect of the following disputes and/or claims:
a) All Civil, labour ,Criminal or debt recovery actions emanating from contract or delict, instituted by or against the Client entity as well as in the private capacity of the owner/ director of the client who signs this agreement (divorce and criminal matters will only apply to the person who signs this agreement in person).
b) Any other matter and at the sole discretion of the firm, lodged by the client, if such claim is not covered in terms of this agreement.
c) The legal cover is unlimited in terms of hours and amount.
Definitions
“Legal Assistance” means any civil, commercial, family or labour legal assistance (subject to the exclusions listed in this agreement) provided by the firm in accordance with the terms and conditions of this agreement.
“Client” means only the legal entity as stated in the application form. The Client undertakes to inform the firm of any change to the information contained in the application form.
“Client business” means any activity that is a commercial or business activity of a business, whether registered as such or not, including private companies, closed corporations, firms, partnerships and sole proprietors.
“Bi-annual Period of Retainer” means any 24 consecutive months from the inception date or reinstatement date of this agreement. A new bi-annual period of retainer shall commence at the end of each period of 24 consecutive months. The liability of the firm shall not be cumulative from one annual period of retainer to the next and the maximum payable in any one period shall be the amount stated in the benefit schedule.
"Retainer date" means the date on which the Client signed and paid the first installment of the retainer application form.
TERMS OF THE AGREEMENT
1. The agreement is specifically tailored for legal services, add on agreements are separate to this agreement.
2. The agreement secures our services on a priority basis at an agreed rate of
R 750.00 per month for a period of 24 months from the first month after the date both of us sign the agreement.
3. The agreed monthly fee of R 750 shall be payable to us on the 1st day of
each month, in advance. (payment is made in advance no payment means no covarge)
4. If at any time during the period of the agreement you want to cancel the retainer you
must give us at least 30 (Twenty) Business Days written notice of such cancellation.
We will be entitled to recover any loss suffered by us as a result of such early
cancellation of the agreement by charging you one month cancellation fee.
5. When this period of 24 months ends, the agreement will automatically
continue on a Month-to-Month basis, subject to any material changes which we have
brought to your attention, unless either you or us expressly advises the other prior to
the ending of the period of 24 months that you or us don’t want the
agreement to continue after the period of 24 months; or if we enter into a
new agreement for a further fixed period.
6. If the agreement is continued on a Month-to-Month basis, either you or us will be
entitled to end the agreement without reason or penalty at any time, provided that you
or us gives the other a Calendar Month written notice of such termination.
7. The agreement excludes all/any instructions for Legal services for the personal
benefit of all/any of your staff / family member/s.
8. We confirm that you entered into the agreement as a result of direct marketing.
Therefore, in terms of the CPA, you have the right to cancel the agreement without
reason or penalty within 5 (Five) Business Days of the Signature Date by giving us
written notice of such cancellation. You are entitled to a refund of any payments
made to us in terms of the agreement within 15 (Fifteen) Business Days after you
have given such notice, except for any costs for legal advices we may have provided
in that period.
9. You confirm that you have read and understand the agreement, all necessary
clauses have been explained to you by us, you have been advised of all your rights in
terms of the agreement and all relevant sections of the CPA; and you sign the
agreement, freely and voluntarily.
10. Our Advocate is admitted by the High Court of South Africa and he can appear in any Court, Tribunal, or arbitration in RSA and he is regulated by the National Bar of Advocates. The rules of the Bar may be accessed via www.nationalforumofadvocates.co.za
10.1 We will competently represent your interests at all times. If you feel that this is
not being maintained, please discuss it with our Chamber Manager, but if we
are unable to resolve the problem between us, you are entitled to request the
National Forum of Advocates to investigate the matter.
11. Your duties, simply put, are to be truthful with us; cooperative with and be responsive
to us; available to us and to pay your retainer on time.
12. In accordance with the Rules of Professional Conduct, we may decide to stop acting
for you if we have good reason and on giving you reasonable notice.
13. You agree that we make no guarantee regarding the outcome or success with
regards to any matter. Our device is based on our understanding of the law and
practice as at the time it is given. It may be affected by subsequent changes in law
and practice. We have no legal obligation to update advice once given and we do not
undertake to do so unless specifically agreed.
14. The agreement contains the entire agreement between us for this particular service.
15. The agreement may be amended in writing and signed by both you and us.
16. If you want any additional services that have not been included in the agreement, a
separate agreement will be necessary and annexed hereto as an annexure and
incorporated as part of this agreement.
17. The laws of the Republic of South Africa govern this agreement.
18. If there is any dispute between you and us, such dispute may be resolved by binding
arbitration, provided that both parties consent to such arbitration at the time the
dispute arises. Such matter shall be mediated by a third party chosen jointly.
19. The agreement will only become effective when signed by both you and us even if
you have paid your retainer fee.
20. Our bank details are as follows. We would suggest setting up a debit order to cater
for these monthly payments:
BANKING DETAILS
ACCOUNT HOLDER : Victor Online Legal Consultancy (PTY) LTD
BANK : FNB
Business account
BRANCH CODE : 210854
ACCOUNT NUMBER : 62856899756
REF : Vic-D CB 101
GENERAL EXCLUSIONS
1. The firm will not be liable to provide any legal assistance on matter/claims arising
from:
1.1 occurrences or legal matters which originates or is conducted outside the
Republic of South Africa.
1.2 Any legal action between two retainer client where both are assisted by the
firm.
1.3 any costs or disbursements regarding the transfer of immovable property.
1.4 patents, trademarks, copyrights or other forms of intellectual property or
specialized legal disciplines that fall outside the scope of general
legal practice.
1.5 any Deceased Estate
1.6 legal costs incurred due to the Client’s failure to inform the firm timeously of
any event which, if dealt with timeously, could otherwise have avoided the
incurring of legal costs.
1.7 legal cost incurred due to Client's failure to follow the advice of the firm or its
service providers or caused by any spiteful, willful and/or unlawful action by
1.8 This service is uncapped in hours and amount per month
1.9 Any traveling for the purposes of this service agreement of more than 30kms
from our chambers, will be billed for at an additional R4.50 per km, or flight and accommodation costs.
1.10 All matter that was already instituted before signature of this agreement can
be provided for on a separate agreement.
2. The firm shall not be liable for the payment of any sheriff’s fees, fines, taxes, levies,
stamps or duty fees, witnesses, traveling or subsistence costs, and additional advocates Revenue Stamps/Correspondence Attorney fees where necessary
Sheriff’s fees/Posting fees.
3. The firm shall not be liable for fines, penalties, punitive, exemplary or vindictive
damages awarded against the Client.
4. The firm shall not be liable to render any legal assistance arising from;
4.1 civil commotion, labour disturbances, riots, strikes, lock-outs, public disorders,
civil disobedience or any act or activity which is calculated or directed to bring
about any of the aforementioned.
4.2 war, invasion, act of foreign enemy hostilities or warlike operations (whether
war be declared or not), or civil war.
4.3 mutiny, military rising, military or usurped power, insurrection, rebellion or
revolution, martial law or state of siege or any other event or cause, which determines the proclamation, or maintenance of martial law or state of siege.
4.4 Any act whether on behalf of any organization, body, person or group of
persons, calculated or directed to overflow or influence any state,
government, local or tribal authority with force or by means of fear.
4.5 Any act which is calculated or directed to bring about loss or damage in order
to further any political aim, objective or cause or to bring about
economic or social change or in protest against any state, government, local
or tribal authority or for the purpose of inspiring fear in the public or any
section thereof.
4.6 Any occurrence for which a fund has been established in terms of the war
damage insurance and comprehension, (act 85 of 1976).
4.7 nuclear weapons or material of ionizing, radiation or contamination from any
nuclear waste or from the combustion of nuclear fuel.
5. Notwithstanding anything to the contrary hereto before or hereinafter
mentioned, the Client will not be covered under the policy in the following circumstances:
5.1 in the event of the matter having been settled on terms whereof payment of
the Client’s full party and party costs are excluded without the
knowledge and/or prior consent of the firm.
5.2 in the event of the matter being pursued or defended in a manner contradictory to the advice of an attorney or advocate instructed by the firm to
act on behalf of the Client, without the knowledge and/or prior consent of the
firm.
6. The Client indemnifies the firm and any of its service providers or its appointed advocates against any claim arising from the handling of any claim on behalf of the Client.
7. Once legal assistance is granted, the Client automatically cedes all his/her right in
and to any order of costs and disbursements to the firm and may not settle any
matter without an order of costs in his favour or the written consent of the firm. If the
Client so settles a matter the firm shall be entitled to recover these costs and
disbursements from the Client together with all costs, on a scale as between attorney
and own client, incurred to recover these costs.
8. Where legal assistance is granted in a matter the Client, to avoid any excess
payments, shall not cancel this agreement for a period of 12 months from
the date of finalization of the last legal matter. In the event of such cancellation the
Client shall be liable to pay to Victor an excess payment equal to the costs and disbursements disbursed on his behalf for every month of early termination.
9. The terms and conditions as set in in this document are the full terms and conditions.
No variation. Alteration or verbal amendments hereof and hereto shall be of any force
or effect unless reduced to writing and signed by both parties. Any representation by
any representative of the firm that does not correspond to these terms and conditions
will be of no force or effect.
All Individuals and the Organisation they represent who subscribed through our online form have had the opportunity to read this document and have consented to be bound by this agreement when they submited their subscription.
