Terms of service & privacy policy

  • INTRODUCTION

The following terms (Terms) are the standard terms on which Solaris Law provides services to you. All work carried out is subject to these Terms except to the extent that changes are expressly agreed in writing. You do not need to sign any formal document to indicate your acceptance of these Terms. Your acceptance will be assumed from your engaging us, and continuing to engage us, and, in the case of an opinion, accepting or acting on the opinion.

  • ENGAGEMENT LETTER

These Terms are read in conjunction with any engagement letter or like document which refers to them. Where there is any inconsistency between these Terms and the engagement letter, the latter prevails

  • FEES
    • Generally, our fees reflect the time we spend on a matter, charged at our then current hourly rates, and adjusted where appropriate to reflect other factors. Those factors may include the specialised knowledge, skills or responsibility required, the amounts involved, the importance of the matter, urgency and results achieved.
    • Where our charges are based on hourly rates, unless otherwise agreed, our rates are subject to review from time to time, usually annually on 1 March. Our fees are exclusive of value-added tax which is charged at the prevailing rate.
    • Any fee estimate given by us will be given in good faith but will not be contractually binding unless the engagement letter states otherwise.
    • As security for the payment of our fees and disbursements incurred on your behalf, we may require the payment of a deposit. We will not be obliged to act or to take any steps in furtherance of the start or completion of the services until the deposit is received.
    • In certain circumstances we may require a supplementary deposit. Such deposits will be paid within 24 hours.
    • We will ordinarily charge you for services rendered periodically as may be appropriate. We may ask you to pay sums on account of fees and expenses which are anticipated as a matter develops.
    • We will not be obliged to act nor take any steps in furtherance of the completion of our services until any interim account is settled.
    • All of our accounts are issued on the basis that we will receive the total amount billed. If any amount is deducted by any financial institution in connection with processing your payment to us for any account, you must reimburse us for any such deduction.
    • All invoices will be in South African Rand and are payable on presentation. Any query on an invoice must be raised within 14 days of delivery. If an invoice is not paid within 30 days of the due date, we may charge interest from the date of the invoice at 3% above the prevailing prime rate of Nedbank Limited. We may also suspend, or stop providing you with, services if any invoice is not paid within 30 days of the due date (although we would not do so without consulting you first).
    • All fee estimates are quoted exclusive of value-added tax, unless stated otherwise.
  • CONFIDENTIALITY AND PRIVACY POLICY
    • We treat as strictly confidential all information which you provide to us.
    • We use your information solely for the purposes of rendering services to you.
    • We are committed to ensuring that all personal information received by us is dealt with in accordance with the Protection of Personal Information Act (POPIA).
    • To provide you with our services, and to comply with certain laws, we have to collect and process some of your personal information.
    • We take every reasonable precaution to protect your personal information from theft and unauthorised access.
    • By engaging with us you agree to us collecting, processing and using your personal information for the purposes below. If you do not wish to provide us with your personal information, we may not be able to provide you with services.
    • We use your personal information solely for the purposes of –
      • generally, rendering services to you and managing our normal business operations;
      • our Know Your Client process as required by the Financial Intelligence Centre Act (FICA);
      • corresponding with you; and
      • complying with applicable laws.
    • You may ask us which personal information of yours we hold. You may also ask us to update, destroy or return your personal information to you, unless we are required by law to keep your personal information.
    • If you have any questions about your personal information, or if you believe that we have dealt with your personal information in a manner that does not comply with POPIA, please contact us immediately. If we are not able to resolve the matter, you are welcome to contact the Information Regulator.
  • ELECTRONIC COMMUNICATION

You agree that we may communicate with you by email sent without encryption over the Internet. We will not be responsible for any loss or damage arising from the unauthorised interception, redirection, copying or reading of emails, including any attachments, nor will we be responsible for the effect on any computer system (or any loss or damage arising from any such effect) of any emails, attachments or viruses which may be transmitted by this means.

  • INTELLECTUAL PROPERTY RIGHTS

We retain all copyright, database rights and other intellectual property rights in all works and other things developed, designed, generated or created by us in the course of our providing services to you (either before the commencement of or during or after the completion of the provision of services) including systems, methodologies, software, know-how, documents and working papers.

  • LIABILITY
    • Any draft documents which we provide will not constitute our definitive opinion.
    • The services are provided to and for the benefit of you as our client, and you alone. You will not communicate our advice to any other person without our consent, unless you are required to do so by law.
    • Where requested to do so we will answer enquiries informally over the telephone or in meetings. We will not be liable to you for any damages or costs howsoever arising from the answers so given. You may act on the answers unless they are confirmed by us in a formal, signed, written opinion.
    • Our aggregate liability in any circumstances whatsoever, whether in contract, delict, statute or otherwise, and howsoever caused (including as a result of our negligence), for loss or damage arising from or in connection with the services will be limited to an amount equal to the lower of (i) an amount equal to twice the fees we have charged for the relevant engagement, and (ii) the amount actually paid out by professional indemnity insurance cover in relation to the matter.
    • You waive all of the rights that you may have in terms of section 19(3) of the Companies Act or otherwise in law to hold any director or past director of personally liable for any debts and liabilities of whatsoever or howsoever arising from or in connection with services provided to you.
  • GENERAL
    • These Terms are governed by, and interpreted in accordance with, the laws of the Republic of South Africa.
    • You irrevocably agree that any dispute (excluding a fee dispute) which may arise out of or in connection with these Terms, on written demand by either us or you, be submitted to arbitration in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules for commercial arbitration. Any such arbitration will be administered by AFSA and be held in Cape Town in English.
    • In appropriate circumstances, we will use third parties to assist in providing any part of the services.
    • We are not liable for any delay or failure to fulfil our obligations as a result of causes beyond our reasonable control. Such causes include, but are not limited to, fire, floods, acts of god, pandemics or epidemics, acts and regulations of any governmental or supranational authority, war, riots, strikes, lock-outs and industrial disputes, and interruptions of electricity and data transmission.
    • These Terms, as read with any engagement letter, are the sole record of the agreement between us with regard to the subject matter, subject to clause 2.
    • We are not bound by any express or implied term, promise, warranty, guarantee or the like not recorded herein.
    • Any addition, variation or mutual termination to, or of this Terms is only binding if it is contained in a written document signed by us, subject to clause 2.
    • Any extension of time or indulgence which we may grant you is not a waiver of any of any of our rights.
    • If any provision of Terms is found to be invalid, unlawful or unenforceable, that provision is severable from the remaining provisions, which continue to be valid and enforceable.
    • We may change these Terms at any time. You must check the Terms from time to time. By continuing to engage us after the Terms have changed you agree to the changed Terms.

 

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