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Terms & Conditions

INTERPRETATION

In these terms and conditions the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:‑

  • "Agreement" means these terms and conditions, and where an Instruction was provided by Paige Law, it shall mean these terms and conditions as read with such Instruction;

  • "Client" means the party to whom Paige Law provides the Services;

  • "Effective Date" means the date upon which Paige Law first commences the provision of Services to the Client pursuant to an Instruction;

  • "Instruction" means any instruction, letter of engagement or engagement terms issued orally or in writing, by or to Paige Law and accepted by the Client or Paige Law, as is applicable, and shall include any order for Services submitted by Client on Paige Law's website;

  • "Paige Law Intellectual Property" means the various documents, agreements, templates, ideas, methods, methodologies, procedures, processes, know-how, and techniques and layouts which Paige Law has created, acquired or otherwise has rights in prior to this Agreement, and may, in connection with the performance of Services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in;

  • "Paige Law" means Paige Law PLC, Registration Number: 2017/193425/21; and

  • "Services" means the legal advisory services to be provided by Paige Law to Client from time to time including, without limitation, as stipulated in an Instruction.

 

DURATION

This Agreement shall commence on the Effective Date and shall continue thereafter for so long as Paige Law provides Services to the Client or amounts are owing in respect of the Services.

 

APPOINTMENT AND CONSIDERATION

  • The Client appoints Paige Law to provide the Services, upon the terms and conditions of this Agreement, which appointment Paige Law accepts.

  • Paige Law shall procure that Cherryn-Paige Bissett provides the Services for and on behalf of Paige Law. The Client acknowledges that Cherryn-Paige Bissett is a qualified attorney but that she is not under any circumstances liable under this Agreement or otherwise in her personal capacity.  

  • As consideration for the Services rendered by Paige Law, Client shall pay:

    • the fees set out in the Instruction, on the terms set out therein; or

    • if no fees are set out in the Instruction, Paige Law's standard hourly rates, as same are increased on an annual basis in March each year;

      and all such fees are payable by the Client on the date of presentation of Paige Law’s invoice in respect thereof  or as otherwise           stipulated in the Instruction. Paige Law shall invoice the Client on the issuing of the first iteration of an agreement or work                       requested in an Instruction, or as provided for in an Instruction.

  • All fees stipulated are exclusive of Value Added Tax or any other withholding tax that may be applicable to such fees, and such taxes shall be added to the relevant fees.

  • Interest may be charged on any outstanding amounts at the prime rate of interest charged from time to time by Paige Law's bankers, as certified by any manager of such bank, whose appointment and authority it shall not be necessary to prove, plus 3%, calculated daily and compounded monthly in arrears, from the due date of such payment to the date of actual payment, both days inclusive.

  • In addition, the Client shall reimburse all reasonable travelling, subsistence and other expenses as are properly incurred by Paige Law or its personnel in providing the Services pursuant to this Agreement. 

 

COPYRIGHT & OWNERSHIP

To the extent that Paige Law utilises any of its property (including, without limitation, the Paige Law Intellectual Property) in connection with the performance of Services hereunder, such property shall remain the property of Paige Law and Client shall acquire no right, title or interest in such property.

 

CONFIDENTIALITY

Each party shall treat and hold as confidential all information which it may receive from the other, or which becomes known to it concerning the other during the term of this Agreement which is identified as being confidential or proprietary at the time of disclosure or has the necessary quality of confidence about it.

 

POPI

The parties may have cause to provide each other with Personal Information (as defined in the Protection of Personal Information Act 4 of 2013 "POPI", as amended or replaced), both their own, as well as their employees'. The parties shall only provide the other with such Personal Information after obtaining the consent of the Personal Information owner to disclose such information to the other party for the express use of the provision of the Services and related billing and administrative functions. The parties agree to: i) comply with their respective obligations under POPI and ii) use the Personal Information for the sole purpose of carrying out their obligations under this Agreement.

 

LIMITATION OF LIABILITY

  • Notwithstanding the form (whether in contract, delict, or otherwise) in which any legal action may be brought, and subject to the clause below, Paige Law's maximum liability for general and/or direct damages for any breach of this Agreement or any wilful or negligent misconduct or omission arising in the provision of Services (or otherwise), shall be limited to an aggregate amount of 50% (fifty percent) of all the fees paid by the Client to Paige Law in respect of the Services provided pursuant to the particular Instruction during the 12 (twelve) month period preceding the date on which the relevant cause of action first arose. Such maximum amount shall be an aggregate amount for all claims thus arising.

  • Paige Law shall not under any circumstances whatsoever be liable for any loss of profits, goodwill, business, clients, contracts, revenue, the use of money, anticipated savings or data; or any special, indirect or consequential loss and such liability is excluded whether it is foreseen, foreseeable, known or otherwise.  The provisions of this clause apply whether such loss is direct, indirect, consequential or otherwise.

 

NON-EXCLUSIVITY

Nothing in this Agreement shall be construed as precluding or limiting in any way the right of Paige Law to provide legal or other services of any kind or nature whatsoever to any person or entity as Paige Law in its sole discretion deems appropriate. 

 

GENERAL

  • This Agreement constitutes the whole of the agreement between the parties hereto relating to the subject matter hereof and save as otherwise provided herein no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorised representatives.

  • No waiver of any of the terms and conditions of this Agreement will be binding or effectual for any purpose unless expressed in writing and signed by the party hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. 

  • Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.

  • Neither party shall be entitled to transfer or assign, partially or entirely, any of its rights or obligations under this Agreement to a third party without the prior written consent of the other party.

  • This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

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