TERMS AND CONDITIONS OF PROTECT® SERVICES
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GO TO TERMS AND CONDITIONS FOR:
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BUSINESS PROTECT®
1. Subscription and Scope of Services - The Client hereby subscribes to Business Protect®, a value-added service which comprises: access to legal advice from the Firm without hourly charge; access to the commercial contracts and other documents provided in the Maybery Inc. Document Base; debt collection and litigation representation in court, CCMA and other forums.
2. Duration and Notice Period - The Service runs for an Initial 12-month period renewing automatically until terminated, with Notice Period of 30 calendar days. Access to the Service shall be valid for the duration of the Agreement.
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3. Subscription Fee - The Subscription Fee shall be as chosen above, paid monthly by debit order deducted on the first day of each month. Unless otherwise stated, all amounts are exclusive of VAT. The Subscription Fee shall be subject to a nominal increase annually in March in line with the Consumer Price Index (CPI) as communicated by the Firm.
4. Litigation Cover and Annual Cover Limit - The Firm shall provide litigation services of an attorneys' firm up to the Annual Cover Limit, employing its own in-house counsel which shall exclude the services of independent advocates.
4.1. The Annual Cover Limit represents an amount of work allocated to the Client per 12 month period. It covers Client’s legal fees, not those of any other person. It is not insurance and does not pay out any claim, fine or any other amount to any person, is not transferable nor can it be exchanged for cash nor paid out in lieu of legal services, does not save, accrue interest nor roll over to the following period. In no event shall the Firm be liable to payment to the Client or any other person of any amount.
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4.2. The Client receives the benefit of a reduced upfront cost option to litigation, and in return, cedes any award of legal costs made in its favour to the Firm in lieu of upfront payment.
4.3 Duty to mitigate risk - having a shield does not mean one should charge recklessly into battle. The Client must make a reasonable attempt to mitigate disputes before resorting to litigation. The Firm may decline to represent the Client inter alia if the Client refuses to follow advice, or if it would result in a conflict of interest/ethics. This shall not amount to breach/failure to perform/repudiation and shall not affect the rest of this Agreement.
5. Contingency litigation agreement in terms of the Contingency Fees Act 66 Of 1997 - The litigation service is provided on a contingency basis. It is recorded that in the opinion of the Firm there are reasonable prospects that the Client may be successful in proceedings undertaken and the Firm will recover no fees from the Client unless the Client is successful in such proceedings; or partial fees proportional to the partial success of the proceedings.
5.1. It is recorded that before signing this agreement the Client was advised of any other ways of financing litigation and implications i.e: loan / legal aid, and was informed that if unsuccessful in the proceedings, it may be liable to pay taxed party and party costs of opponents; and that it will be liable to pay the success fee in the event of success.
5.2 The Client is deemed successful in litigation if the Firm obtains a successful judgment, abandonment of suit or payment; and partially successful if the firm obtains a settlement or partial payment.
5.3 The Firm warrants that the normal fees on an attorney and own client basis are R2,000.00 per hour.
5.4 If the Client is successful or partially successful in litigation, the Success Fee shall be (a) R4,000.00 per hour or (b) 25% of any amount obtained, whichever is the lesser. For purposes of calculating the higher fee, costs are not included. Payment of fees and disbursements are due upon presentation of invoice.
5.5 The Client confirms that:
5.5.1 it gives the Firm a written Power of Attorney render professional services on its behalf in any court/tribunal;
5.5.2 it has been advised that fees have been calculated in relation to the cost structure of an attorney’s office, the particular expertise in the particular field of law, investigations in regard to both the merits and quantum which includes research, perusal and review;
5.5.3 if the Firm charges a percentage of an amount awarded and not a fee calculated on an attorney and client basis, it shall be entitled to render an account for 25% of the amount awarded to the Client plus VAT and expenses/disbursements (e.g. counsel fees) as a success fee. The amount awarded will exclude any party and party cost contribution made to the Firm;
5.5.4. the difference between “party and party” costs and “attorney and own client” costs has been explained to it in the language of preference of its representative and that he/she understand the contents hereof;
5.5.5 it may finance the matter in other ways, and such implications, namely to approach Legal Aid, that it must comply with the means test and that legal aid is not guaranteed; that should it use Legal Aid, an unknown legal practitioner might be designated to it, who might not be experienced in the same field of law as the Firm in this matter;
5.5.6 it has 14 days from date of signing this agreement during which it has the right to withdraw from the agreement in writing. If the Client feels aggrieved by any provision/fees in this Agreement, it may refer to it to the Attorneys’ Law Society/Legal Practice Council, and, if an advocate has been appointed, the Bar Council in the area in which the advocate practises. The professional controlling body concerned may set aside any provision of this agreement or any fees claimable in terms of this agreement if in its opinion such provision or fees are unreasonable or unjust;
5.5.7. the Firm shall be entitled to any cost contribution made for expenses incurred on the Client’s behalf, in addition to the percentage or attorney and own client fee charge, which cost allocation the Firm do not need to account to the Client. In the event of circumstances warranting an increase in hourly charge or tariffs this will be subject to the Client’s confirmation. In view of the fact that the Firm will incur certain disbursements and fees on the Client’s behalf, the Client hereby irrevocably and in rem suam authorises the Firm to recover and receive on its behalf the capital and party and party or other costs from any institution, person or company and to deduct fees and disbursements from the capital amount before payment of the balance of it to the Client. The Client’s representative hereto confirm that a copy hereof was handed to him/her/it;
5.5.8. it shall not be necessary for the Firm to present any bills of costs for taxation, but should it elect to, the Client authorises the Firm to appoint a cost consultant of the Firm’s choice to draft such bills of cost and to attend to the taxation thereof, and the Firm shall be entitled to charge the fees of the cost consultant in addition to any other fees or expenses that might be payable by the Client to the Firm.
5.5.9. The Client hereby warrants that he/she/it understands the meaning and purpose of this agreement.
6. Limitation of Liability - Litigation can be affected by any weakness in a case, efficiency of courts, financial ability and attitude of the litigants. Although the Firm will always make its best efforts to advance the Client’s case, no attorney can guarantee the successful conclusion of any case. The Client acknowledges that legal action against its own clients/customers may result in damage to its relationship with them or termination thereof, and indemnifies the Firm from all resultant damages.
6.1. The documents provided by the Firm are a product of many years of commercial legal experience and are drafted to provide businesses with maximum protection, but equally are designed to be applicable to many businesses. No document can protect against every eventuality, and as such they are provided on an as-is basis.
6.2 The law gives everyone the right to approach the courts to seek legal remedy, regardless of the strength of their case. No guarantee is made that the Client is immune to disputes or any other legal consequence. In no event shall the Firm be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of business deal, business interruption, interruption in access to the Services, loss of business information, or any other pecuniary loss) arising from the Client’s use of the Services. In any case, the Firm’s entire liability under this Agreement shall be limited to the monthly Subscription Fee actually paid by the Client for the month during which any dispute may arise.
7. Exclusions - The Business Protect® Service is a bundle of commercial law services intended at servicing small and medium sized businesses and does not include/cover criminal, family or property matters, deceased estates, trusts, tax matters, patent matters, insolvency matters, Supreme Court/Constitutional Court matters, foreign jurisdictions or any other matter not in the Scope of Services, nor disbursements to other service providers e.g. sheriffs, correspondent attorneys or Counsel (Advocates), nor matters where there is a potential conflict of interest to the Firm e.g. disputes against the Firm.
8. Termination and Breach – After the Initial Period, the Client may terminate this Agreement on 30 days’ notice. The fee for the full Initial Period is payable regardless of date of cancellation. The Client is responsible for payment of all fees and disbursements up to date of termination. Access to the Service is subject at all times to the Client’s
account with the Firm being in order. If the Client breaches the Agreement and does not remedy it within 7 days, the Firm shall be entitled to cancel the Agreement and all mandates. Should the Firm take legal action to recover amounts owing to it, the Client shall be liable for all legal costs on the attorney-and-own-client scale as well as collection commission.
9. Warranties – By signature hereto, the signatory warrants that he/she is a duly authorised representative of the Client and agrees to be bound as surety and co-principal debtor in solidum in favour of the Firm, for all the Client’s debts, renouncing all legal exceptions, which he/she declares to know and understand.
10. General - This Agreement represents the whole agreement between the parties. If any provision or part of this Agreement is held by a court to be unenforceable, the provision shall be severable from the rest of the Agreement, and shall not affect the validity of the rest of the Agreement. South African law shall apply to this Agreement, and the parties consent to the jurisdiction of the Pretoria Central Magistrate’s Court, notwithstanding that the quantum in such matter may exceed the monetary jurisdiction of said Court. The Client nominates as its domicilium citandi et executandi the registered company address and email addresses above for the delivery of any notices, pleadings or any other correspondence relating to this agreement. The Firm’s is: physical address: 41 Redge Drive, Faerie Glen, Pretoria 0081; email: reception@mayberyinc.co.za.
11. MANDATE AND POWER OF ATTORNEY
I, the Client, do hereby nominate, constitute and appoint MAYBERY ATTORNEYS INC. (“the Firm”) to:
be my attorneys and agents, to attend on my behalf to my claim/s, to claim and collect all fees or monies payable to me from the debtor or any related person/ entity, to adjust, settle, compromise and submit to arbitration all accounts, debts, claims, demands, disputes and matters which may subsist or arise between me and the debtor or any person, persons, fund/s, company/ies, corporation/s or body/ies whatsoever and for the purpose of arbitration to make the necessary appointments and sign and execute the necessary acts and instruments in that behalf;
commence, and prosecute and to defend, compromise and abandon all actions, suits, claims and demands and proceedings in regard to the above matters or in relation to my affairs in or before any Court or other body of person in the Republic of South Africa and in any territory or country anywhere in the world and specifically to apply for legal aid if required to execute this mandate;
suffer judgment or decree to be given against me in any such proceedings by default as the Firm deems fit;
attend all meetings of any person/s, company/ies, syndicate/s on my behalf;
sign or execute any Deed, Application, Pleading, Notice, Document or Instrument in writing as effectually as I might or could do if personally present;
appoint and negotiate, arrange and pay all fees including contingency or success fees of counsel, witnesses, presiding officers and to make all or any payments whatsoever which may be necessary and desirable in my attorneys’ opinion for the proper conduct of the case;
choose domicilium citandi et executandi on my behalf;
AND GENERALLY to do, execute and suffer any such act, deed, matter or thing whatsoever, as the said attorneys may deem necessary or expedient in or about my concerns.
HEREBY GIVING AND GRANTING to my attorneys power to appoint a correspondent/subcontracting attorney from other firms, a substitute or substitutes, and the same at pleasure to displace or remove and appoint another or others, hereby ratifying and agreeing to ratify whatsoever shall be done or suffered by virtue of these presents. In event that my attorneys appoint correspondents or other attorneys as subcontractors or agents, I authorise my attorneys to also negotiate and pay such attorneys or agents’ costs and to enter into fee agreements with them including contingency fee agreements. These costs and disbursements shall be deemed to be part of my attorneys’ disbursements and shall be payable in addition to my
attorneys’ costs as set out herein.
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12. DEBIT ORDER AUTHORISATION
This Debit Order Mandate is given by the Client.
A. AUTHORITY/MANDATE
I/We hereby authorise Netcash (Pty) Ltd to issue and deliver payment instructions to your banker for collection against my/our belowmentioned account at my/our belowmentioned bank on condition that the sum of such payment instructions will not differ from my/our obligations as agreed to in the Contract Reference Number. The individual payment instructions so authorised must be issued and delivered on the date when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not differ as agreed to in terms of the Agreement.
The payment instructions so authorised to be issued must carry the Contract Reference Number, included in the said payment instructions, and must be provided to identify the specific contract. The said Contract Reference Number should be added to this form in section E before the issuing of any payment instruction and communicated directly after having been completed.
I /we agree that the first payment instruction will be issued and delivered on the first day of the next month, and thereafter regularly on the 1st day of every month.
If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday) I agree that the payment instruction may be debited against my account on the following business day; or Subsequent payment instructions will continue to be delivered in terms of this authority until the obligations in terms of the Agreement have been paid or until this authority is cancelled by me/us by giving you notice in writing of not less than the interval (as indicated in the previous clause) and sent by prepaid registered post or delivered to your address indicated above.
B. MANDATE
I/we acknowledge that all payment instructions issued by you will be treated by my/our bank as if the instructions had been issued by me/ us personally.
C. CANCELLATION
I/we agree that although this authority and mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/we also understand that I/we cannot reclaim amounts, which have been withdrawn from my/our account (paid) in terms of this authority and mandate if such amounts were legally owing to you.
D. ASSIGNMENT:
I/We acknowledge that this authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party.
Cybercrime is an ever-increasing threat all to all businesses and clients worldwide, and law firms are no exception. We take every precaution within our power to protect our systems and information, including antivirus software, multi-factor authentication and strict compliance with FICA and POPIA law to ensure the accuracy and safety of our clients' information - but no cybercrime protection is complete without your help. Please note:
​
-
We will never send you a link in an email or otherwise. You must never open a link contained in an email purporting to be from us, no matter what.
-
We will never advise you of a change in our bank account details without a letter issued by our bankers AND in-person confirmation by our Director. Even if you receive such a letter, you should assume it is a phishing email. Contact our offices in order to confirm the authenticity of same, and obtain additional independent confirmation from your banking institution.
-
Scrutinise every email you receive. Scammers can set the name of their email account to be someone else's email address, but if you hover your mouse over the name in the email, you should see the true email address pop up.
-
We will never ask you to make a payment in cash or any form of currency or asset other then EFT.
-
Scrutinise every attachment you receive. We will never send you anything other than a Word document or PDF.
-
You must maintain a comprehensive antivirus system on your devices.
​
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PERSONAL PROTECT® TERMS AND CONDITIONS
V1.0 8 September 2023
1. Subscription and Scope of Services - The Client hereby subscribes to Personal Protect®, a value-added service which comprises: access to legal advice from the Firm without hourly charge; access to the personal contracts and other documents provided in the Maybery Inc. Personal Protect Suite; litigation services in the courts, CCMA and other fora up to the Litigation Cover Amount.
2. Duration and Notice Period - The Service runs for an Initial 12-month period renewing automatically until terminated, with Notice Period of 30 calendar days. Access to the Service shall be valid for the duration of the Agreement.
3. Subscription Fee - The Subscription Fee shall be R99 per month, inclusive of VAT, paid monthly by debit order deducted on the first day of each month. Unless otherwise stated, all amounts are exclusive of VAT. The Subscription Fee shall be subject to a nominal increase annually in March in line with the Consumer Price Index (CPI) as determined by the Firm.
4. Litigation Cover and Annual Cover Limit - The Firm shall provide litigation services of an attorneys' firm up to the Annual Cover Limit, employing its own in-house counsel which shall exclude the services of independent advocates.
4.1. The Annual Cover Limit represents an amount of work allocated to the Client per 12 month period. It covers Client’s legal fees, not those of any other person. It is not insurance and does not pay out any claim, fine or any other amount to any person, is not transferable nor can it be exchanged for cash nor paid out in lieu of legal services, does not save, accrue interest nor roll over to the following period. In no event shall the Firm be liable to payment to the Client or any other person of any amount.
​
4.2. The Client receives the benefit of a reduced upfront cost option to litigation, and in return, cedes any award of legal costs made in its favour to the Firm in lieu of upfront payment.
4.3 Duty to mitigate risk - having a shield does not mean one should charge recklessly into battle. The Client must make a reasonable attempt to mitigate disputes before resorting to litigation. The Firm may decline to represent the Client inter alia if the Client refuses to follow advice, or if in the opinion of the Firm, the Client has not attempted to resolve the dispute without resort to litigation, if the Client is litigating frivolously or mala fides, or if it would result in a conflict of interest/ethics. This shall not amount to breach/failure to perform/repudiation and shall not affect the rest of this Agreement.
5. Contingency litigation agreement in terms of the Contingency Fees Act 66 Of 1997 - The litigation service is provided on a contingency basis. It is recorded that in the opinion of the Firm there are reasonable prospects that the Client may be successful in proceedings undertaken and the Firm will recover no fees from the Client unless the Client is successful in such proceedings; or partial fees proportional to the partial success of the proceedings.
5.1. It is recorded that before signing this agreement the Client was advised of any other ways of financing litigation and implications i.e: loan / legal aid, and was informed that if unsuccessful in the proceedings, it may be liable to pay taxed party and party costs of opponents; and that it will be liable to pay the success fee in the event of success.
5.2 The Client is deemed successful in litigation if the Firm obtains a successful judgment, abandonment of suit or payment; and partially successful if the firm obtains a settlement or partial payment.
5.3 The Firm warrants that the normal fees on an attorney and own client basis are R2,000.00 per hour.
5.4 If the Client is successful or partially successful in litigation, the Success Fee shall be (a) R4,000.00 per hour or (b) 25% of any amount obtained, whichever is the lesser. For purposes of calculating the higher fee, costs are not included. Payment of fees and disbursements are due upon presentation of invoice.
5.5 The Client confirms that:
5.5.1 it gives the Firm a written Power of Attorney render professional services on its behalf in any court/tribunal;
5.5.2 it has been advised that fees have been calculated in relation to the cost structure of an attorney’s office, the particular expertise in the particular field of law, investigations in regard to both the merits and quantum which includes research, perusal and review;
5.5.3 if the Firm charges a percentage of an amount awarded and not a fee calculated on an attorney and client basis, it shall be entitled to render an account for 25% of the amount awarded to the Client plus VAT and expenses/disbursements (e.g. counsel fees) as a success fee. The amount awarded will exclude any party and party cost contribution made to the Firm;
5.5.4. the difference between “party and party” costs and “attorney and own client” costs has been explained to it in the language of preference of its representative and that he/she understand the contents hereof;
5.5.5 it may finance the matter in other ways, and such implications, namely to approach Legal Aid, that it must comply with the means test and that legal aid is not guaranteed; that should it use Legal Aid, an unknown legal practitioner might be designated to it, who might not be experienced in the same field of law as the Firm in this matter;
5.5.6 it has 14 days from date of signing this agreement during which it has the right to withdraw from the agreement in writing. If the Client feels aggrieved by any provision/fees in this Agreement, it may refer to it to the Attorneys’ Law Society/Legal Practice Council, and, if an advocate has been appointed, the Bar Council in the area in which the advocate practises. The professional controlling body concerned may set aside any provision of this agreement or any fees claimable in terms of this agreement if in its opinion such provision or fees are unreasonable or unjust;
5.5.7. the Firm shall be entitled to any cost contribution made for expenses incurred on the Client’s behalf, in addition to the percentage or attorney and own client fee charge, which cost allocation the Firm do not need to account to the Client. In the event of circumstances warranting an increase in hourly charge or tariffs this will be subject to the Client’s confirmation. In view of the fact that the Firm will incur certain disbursements and fees on the Client’s behalf, the Client hereby irrevocably and in rem suam authorises the Firm to recover and receive on its behalf the capital and party and party or other costs from any institution, person or company and to deduct fees and disbursements from the capital amount before payment of the balance of it to the Client. The Client’s representative hereto confirm that a copy hereof was handed to him/her/it;
5.5.8. it shall not be necessary for the Firm to present any bills of costs for taxation, but should it elect to, the Client authorises the Firm to appoint a cost consultant of the Firm’s choice to draft such bills of cost and to attend to the taxation thereof, and the Firm shall be entitled to charge the fees of the cost consultant in addition to any other fees or expenses that might be payable by the Client to the Firm.
5.5.9. The Client hereby warrants that he/she/it understands the meaning and purpose of this agreement.
6. Limitation of Liability - Litigation can be affected by any weakness in a case, efficiency of courts, financial ability and attitude of the litigants. Although the Firm will always make its best efforts to advance the Client’s case, no attorney can guarantee the successful conclusion of any case. The Client acknowledges that legal action against its own clients/customers may result in damage to its relationship with them or termination thereof, and indemnifies the Firm from all resultant damages.
6.1. The documents provided by the Firm are a product of many years of commercial legal experience and are drafted to provide the client with maximum protection, but equally are designed to be applicable to many different persons. No document can protect against every eventuality, and as such they are provided on an as-is basis.
6.2 The law gives everyone the right to approach the courts to seek legal remedy, regardless of the strength of their case. No guarantee is made that the Client is immune to disputes or any other legal consequence. In no event shall the Firm be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of business deal, business interruption, interruption in access to the Services, loss of business information, or any other pecuniary loss) arising from the Client’s use of the Services. In any case, the Firm’s entire liability under this Agreement shall be limited to the monthly Subscription Fee actually paid by the Client for the month during which any dispute may arise.
7. Exclusions - The Personal Protect® Service is a bundle of law services for individuals. It does not include/cover conveyancing (property) transfers, trusts, business matters, investment properties or other investments, tax matters, patent matters, insolvency matters, Supreme Court/Constitutional Court matters, foreign jurisdictions or any other matter not in the Scope of Services, nor disbursements to any 3rd party or service providers including but not limited to sheriffs, correspondent attorneys or Counsel (Advocates), mediators, experts, assessors, medical professionals nor matters where there is a potential conflict of interest to the Firm e.g. disputes against the Firm or against persons who are already clients of the Firm.
8. Termination and Breach – After the Initial Period, the Client may terminate this Agreement on 30 days’ notice. The fee for the full Initial Period is payable regardless of date of cancellation. The Client is responsible for payment of all fees and disbursements up to date of termination. Access to the Service is subject at all times to the Client’s account with the Firm being in order. If the Client breaches the Agreement and does not remedy it within 7 days, the Firm shall be entitled to cancel the Agreement and all mandates. Should the Firm take legal action to recover amounts owing to it, the Client shall be liable for all legal costs on the attorney-and-own-client scale as well as collection commission.
9. Warranties – By signature hereto, the signatory warrants that he/she is a duly authorised representative of the Client and agrees to be bound as surety and co-principal debtor in solidum in favour of the Firm, for all the Client’s debts, renouncing all legal exceptions, which he/she declares to know and understand.
10. General - This Agreement represents the whole agreement between the parties. If any provision or part of this Agreement is held by a court to be unenforceable, the provision shall be severable from the rest of the Agreement, and shall not affect the validity of the rest of the Agreement. South African law shall apply to this Agreement, and the parties consent to the jurisdiction of the Pretoria Central Magistrate’s Court, notwithstanding that the quantum in such matter may exceed the monetary jurisdiction of said Court. The Client nominates as its domicilium citandi et executandi the registered company address and email addresses above for the delivery of any notices, pleadings or any other correspondence relating to this agreement. The Firm’s is: physical address: 41 Redge Drive, Faerie Glen, Pretoria 0081; email: reception@mayberyinc.co.za.
11. MANDATE AND POWER OF ATTORNEY
I, the Client, do hereby nominate, constitute and appoint MAYBERY ATTORNEYS INC. (“the Firm”) to:
be my attorneys and agents, to attend on my behalf to my claim/s, to claim and collect all fees or monies payable to me from the debtor or any related person/ entity, to adjust, settle, compromise and submit to arbitration all accounts, debts, claims, demands, disputes and matters which may subsist or arise between me and the debtor or any person, persons, fund/s, company/ies, corporation/s or body/ies whatsoever and for the purpose of arbitration to make the necessary appointments and sign and execute the necessary acts and instruments in that behalf;
commence, and prosecute and to defend, compromise and abandon all actions, suits, claims and demands and proceedings in regard to the above matters or in relation to my affairs in or before any Court or other body of person in the Republic of South Africa and in any territory or country anywhere in the world and specifically to apply for legal aid if required to execute this mandate;
suffer judgment or decree to be given against me in any such proceedings by default as the Firm deems fit;
attend all meetings of any person/s, company/ies, syndicate/s on my behalf;
sign or execute any Deed, Application, Pleading, Notice, Document or Instrument in writing as effectually as I might or could do if personally present;
appoint and negotiate, arrange and pay all fees including contingency or success fees of counsel, witnesses, presiding officers and to make all or any payments whatsoever which may be necessary and desirable in my attorneys’ opinion for the proper conduct of the case;
choose domicilium citandi et executandi on my behalf;
AND GENERALLY to do, execute and suffer any such act, deed, matter or thing whatsoever, as the said attorneys may deem necessary or expedient in or about my concerns.
HEREBY GIVING AND GRANTING to my attorneys power to appoint a correspondent/subcontracting attorney from other firms, a substitute or substitutes, and the same at pleasure to displace or remove and appoint another or others, hereby ratifying and agreeing to ratify whatsoever shall be done or suffered by virtue of these presents. In event that my attorneys appoint correspondents or other attorneys as subcontractors or agents, I authorise my attorneys to also negotiate and pay such attorneys or agents’ costs and to enter into fee agreements with them including contingency fee agreements. These costs and disbursements shall be deemed to be part of my attorneys’ disbursements and shall be payable in addition to my
attorneys’ costs as set out herein.
​
12. DEBIT ORDER AUTHORISATION
This Debit Order Mandate is given by the Client.
A. AUTHORITY/MANDATE
I/We hereby authorise Netcash (Pty) Ltd to issue and deliver payment instructions to your banker for collection against my/our belowmentioned account at my/our belowmentioned bank on condition that the sum of such payment instructions will not differ from my/our obligations as agreed to in the Contract Reference Number. The individual payment instructions so authorised must be issued and delivered on the date when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not differ as agreed to in terms of the Agreement.
The payment instructions so authorised to be issued must carry the Contract Reference Number, included in the said payment instructions, and must be provided to identify the specific contract. The said Contract Reference Number should be added to this form in section E before the issuing of any payment instruction and communicated directly after having been completed.
I /we agree that the first payment instruction will be issued and delivered on the first day of the next month, and thereafter regularly on the 1st day of every month.
If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday) I agree that the payment instruction may be debited against my account on the following business day; or Subsequent payment instructions will continue to be delivered in terms of this authority until the obligations in terms of the Agreement have been paid or until this authority is cancelled by me/us by giving you notice in writing of not less than the interval (as indicated in the previous clause) and sent by prepaid registered post or delivered to your address indicated above.
B. MANDATE
I/we acknowledge that all payment instructions issued by you will be treated by my/our bank as if the instructions had been issued by me/ us personally.
C. CANCELLATION
I/we agree that although this authority and mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/we also understand that I/we cannot reclaim amounts, which have been withdrawn from my/our account (paid) in terms of this authority and mandate if such amounts were legally owing to you.
D. ASSIGNMENT:
I/We acknowledge that this authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party.
Cybercrime is an ever-increasing threat all to all businesses and clients worldwide, and law firms are no exception. We take every precaution within our power to protect our systems and information, including antivirus software, multi-factor authentication and strict compliance with FICA and POPIA law to ensure the accuracy and safety of our clients' information - but no cybercrime protection is complete without your help. Please note:
​
-
We will never send you a link in an email or otherwise. You must never open a link contained in an email purporting to be from us, no matter what.
-
We will never advise you of a change in our bank account details without a letter issued by our bankers AND in-person confirmation by our Director. Even if you receive such a letter, you should assume it is a phishing email. Contact our offices in order to confirm the authenticity of same, and obtain additional independent confirmation from your banking institution.
-
Scrutinise every email you receive. Scammers can set the name of their email account to be someone else's email address, but if you hover your mouse over the name in the email, you should see the true email address pop up.
-
We will never ask you to make a payment in cash or any form of currency or asset other then EFT.
-
Scrutinise every attachment you receive. We will never send you anything other than a Word document or PDF.
-
You must maintain a comprehensive antivirus system on your devices.