LAWYERS WORKING FROM HOME (LWFH)
MEMBER TERMS AND CONDITIONS
entered into between Members (lawyers) and LWFH

LWFH is the leading enabling marketing and subscription website for lawyers, supported by social media, which connects lawyers and the public, and lawyers with each other, with the view to make legal services more accessible and better in South Africa.

This Member Terms and Conditions should be read together with the standard User Terms and Conditions of the LWFH Website which you accepted upon accessing and using the LWFH Website. The terms for definitions provided in the User Terms and Conditions also apply here and have the same meaning in this LWFH Agreement. If you are not sure about the meaning of any term or the provisions which apply to use the LWFH Website, please read the standard User Terms and Conditions.

The purpose of these Member Terms and Conditions is to conclude and additional LWFH Agreement between LWFH and you as Member in which LWFH undertakes to provide LWFH Services in consideration for payment of a monthly Membership Fee.

LWFH and the Member agree as follows:

  1. Membership Fee: The Membership Fees depend on lawyer type and are as follows:
Package 1Practising Attorney Practising Trust Account Advocate, Referral Advocate Legal ConsultantR350 pm
Package 2Pro Bono Lawyer (member of a Law Clinic) Law Academic (Candidate Legal Practitioners and post LLB students)R200 pm
  1. LWFH Services: In consideration of the monthly Membership  Fee, LWFH undertakes to provide the following Membership Services to Members on a monthly basis:

2.1 Assistance to publish your public online lawyer profile on the LWFH Website, which you can edit or update at any time during your membership term.

2.2 Targeted digital marketing of the LWFH website and LWFH social media pages.

2.3 Option to publish a legal article/blog on LWFH website/ social media 1/month.

2.4 Option to offer paid resources “lawyer to lawyer” on our “Learning Room” page (subject to Trainer Terms and Conditions).

2.5 Option to join a community of lawyers sharing referrals, international opportunities and best practices which promote efficient and online/remote legal services to clients in all provinces of South Africa.

2.7 Management of LWFH Website, LWFH social media pages, Advertisers to lawyers and exclusive WhatsApp group for LWFH Members.

3. Email Hosting Services:

3.1 LWFH is the owner of the “Lawyers Working From Home” trade mark and related domain name registrations. LWFH markets its trade marks extensively to build goodwill and a valuable professional and trustworthy reputation of which its Members can benefit.

3.2 In addition to the above LWFH Services, and paying an additional Email Hosting Fee of R150 per month at the same time as Membership Fees, LWFH also offers the opportunity and licence to Members who desire to install and use an email address ending with any of the following domain names owned by LWFH:

3.2.1 lawyersworkingfromhome.co.za

3.2.2 lawyerswfh.co.za

3.2.3 attorneyslwfh.co.za

3.2.4 advocateslwfh.co.za

3.2.5 lwfh.co.za

3.3 For convenience, when applying to join as a Member, a lawyer who also requires Email Hosting Services, could from the outset select Package 3 or 4 as set out below, or upgrade later upon written request to LWFH Management:

Package 3

Practising Attorney
Practising Trust Account Advocate, Referral Advocate
Legal Consultant

R500 pm (Membership Fee and Email Hosting Fee)

Package 4

Pro Bono Lawyer (member of a Law Clinic)
Law Academic ( Candidate Legal Practitioners and post LLB students)

R350 pm (Membership Fee and Email Hosting Fee)

3.4 Members should only use LWFH email addresses in relation to legal services provided in terms of their legal practices. The use of the LWFH domain names is granted on a good-faith licence-basis and does not constitute a legal partnership/co-ownership/agency between LWFH and a Member/legal practice which can attract any liability for LWFH.

3.5 These email hosting and support services are provided by an expert third party service provider, PureSpark (Pty) Ltd t/a Quickspace, which provides services in terms of its service level agreement with LWFH (copy available on request) and its terms and conditions published on its website as follows: https://www.quickspace.co.za/privacy/ and https://www.quickspace.co.za/anti-spam-policy/.

3.6 Members opting for Email Hosting Services on this basis will interact directly with PureSpark (Pty) Ltd t/a Quickspace for remote installation and technical support (preferably via phone or Teamviewer) via the LWFH Website (for convenience) or by using the direct contact details: [email protected] or WhatsApp 010 020 7383.

3.7 If a Member experiences any dissatisfaction with the service of PureSpark (Pty) Ltd, the Member must please report same to LWFH Management. If a Member suffers any harm, loss or damages due to obvious or deliberate failures or services by PureSpark (Ltd) Pty t/a Quickspace, the Member will have recourse directly against PureSpark (Pty) Ltd, and not LWFH.

  1. Term of this contract:

4.1 This contract will commence on the date of your first successful Membership Fee payment and is a month to month contract from that date. The contract will continue for an indefinite period unless otherwise stated or cancelled  by either party by giving 30 (thirty) calendar days written notice. Any  notice requesting cancellation of  membership and payments should be sent via email to [email protected]. or WhatsApp on 067 426 7141 .

4.2 In the event that a Member who also pays for Email Hosting Services cancels their membership, such notice will also serve as cancellation notice in respect of its email hosting agreement with LWFH and PureSpark (Pty) Ltd t/a QuickSpace.

  1. Payment terms:

5.1. LWFH aims to make payment easy for Members. Membership Fees and Email Hosting Fees are paid monthly by the Member to LWFH in accordance with the payment method prescribed by LWFH which are recurring bank card transactions (credit/cheque card payments) via PayFast on the LWFH Website (preferred) or monthly EFT payments on special request.

5.2. The first payment will be actioned and due upon completing the application process on the LWFH Website and accepting these Member  Terms and Conditions authorising payments.

5.3. The Member understands and authorises that LWFH will automatically collect the Membership Fee from your nominated bank account. The withdrawals will be processed through a computerised system provided by your South African bank and the details of each withdrawal will be printed on your bank statement and you will receive an automated invoice (Xero generated) from LWFH via email for your accounting records.

5.4. The Member acknowledges that the payment method is facilitated by third parties, namely PayFast (full details and terms for use at
www.payfast.co.za) and the South African banks, all of which use strict encryption and security systems and are authorised to provide such financial services to the public. The Member authorises PayFast and their bank to act in accordance with their payment instruction herein.

5.5. The Member understands that, as the payment method is outsourced to third parties, LWFH is not in control of the payment method and cannot be held liable for any claim as a result of losses or harm suffered by the actions of third parties or fraudsters. The Member will have recourse directly against such third parties.

5.6. You are responsible for ensuring that there are sufficient funds in your nominated credit or debit card account for processing payments. In the event that the transaction is reversed, cancelled, suspended, refused, delayed or late due to your fault in this regard, you agree to payment of a penalty fee in the amount of R30.

5.7. If the date of your payment falls on a Sunday or Public Holiday payment may be processed on the following working day and the payment will not be regarded as late.

5.8. If the payment is unsuccessful, LWFH may instruct PayFast to continue to attempt to collect the outstanding amounts from your bank account.

5.9. If payment is not received in any other form and the account is overdue for 10 (ten) days or more, your Membership Services may be cancelled, your profile on the LWFH Website may be deleted, and you may be removed from the LWFH WhatsApp group.

5.10. LWF does not foresee any increases relating to the Membership Fees or Email Hosting Services at this stage, but LWFH reserves its right to review and announce a reasonable annual increase and will advise Members timeously thereof, if applicable.

5.11. You warrant that all payment information entered by you as Member is complete, reliable, true and correct/accurate in every respect and not misleading in any way. You furthermore acknowledge that this information will be relied upon by us. The Member undertakes to notify LWFH in writing via email or WhatsApp, within seven (7) days of any material changes to contact information or bank card details you provided in course of the application process. In particular, if your email address changes, let us know promptly to not miss out on aspects of your Membership Services and to enable us to send you invoices.

5.12. You as Member take full responsibility for the content management of your published profile, payment of your personal account, protection of your password and activities on the LWFH Website and platforms. LWFH merely provides the digital facilities, opportunities and support to enjoy the Membership  Services.

  1. Provision of Services by LWFH to Members

6.1. A lawyers who qualifies as a Member, and accepts the terms of this contract will be approved to become   a Member on the LWFH Website. However, LWFH reserves the right, without prior notice, to immediately restrict access, use or benefits of certain or all Membership Services if the Member is in breach of the User Terms and Conditions of the LWFH Website, or these Member Terms and Conditions, or publicly do anything on the LWFH Website or platform which embarrasses other Users or Members or bring the legal profession or any lawyer category represented on the LWFH Website in disrepute.

6.2. Members agree to adhere to professional standards, strive for high service levels and adhere to professional conduct with Users and colleagues, to uphold the honour and integrity of the legal profession. In particular, Members agree to abide by the law and, where applicable, comply with the Legal Practice Act 28 of 2014, its Regulations and Code of Conduct.

6.3. LWFH may in its sole discretion limit, deny or create different level of access to specific additional services which may developed and be offered to different lawyer/Member categories represented on the LWFH Website.

6.4. LWFH may launch, change, upgrade, impose conditions to, suspend, or stop any services with prior written notice to a fee-based service, as long as such changes will not substantially adversely affect the paying Members  in enjoying the benefits of the Membership  Services.

6.5. Members must keep details on their personal profile up to date and not mislead or confuse Users relating to their lawyer type category, professional capacity, resources or type of legal services they can offer.

6.6. The LWFH Website will provide the option to Users to give confidential feedback to LWFH management on the LWFH Services and conduct and professional services of Members. If relevant, LWFH will share such feedback on email with the Member  involved. In this regard, LWFH will serve as a messenger service and will have no obligation to interfere or resolve a complaint or conflict raised by a User against a Member, or by a Member against another Member, or between Members and Advertisers, for any reason, and vice versa.

  1. Limitations of Liability

7.1. Whilst LWFH will use its best efforts to ensure that all information is displayed correctly, the Member shall have no claim of any nature against LWFH for any loss or damages, including, but without being limited, to consequential damages which the Member may suffer as a result of, without limiting the generality of the foregoing, any error in or omission from its Membership Services on the LWFH Website in any way or any downtime of any computer system on which the LWFH Website relies, or to which the LWFH Website is connected, for any reason whatsoever, including, but expressly without being limited to any act of Force Majeure, war, international or government sanctions, computer viruses, loadshedding and the like.

7.2 As lawyers, Members are solely responsible for all of the terms and conditions of the transactions conducted between themselves and other Users (the public/clients) or Advertisers, through or as a result of the use of the LWFH Website or Membership Services, including, without limitation, terms regarding payment, returns, warranties, public liability cover, and taxes. The LWFH Website can attract no professional or business liability relating to the competence or level of professional legal services provided by Members to other Users. The LWFH Website only facilitates marketing, networking and socialising between lawyers and the public, and between lawyers.

7.3 The Member releases and indemnifies LWFH (directors, employees, service providers and contract workers) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with transaction between Member lawyers and the User public or Advertisers.

  1. Protection of Personal Information

8.1 Each party must comply with their obligations under the Protection of Personal Information Act, 2013 (POPIA) to personal information in respect of which they are the responsible party.

8.2 Each party must secure the integrity and confidentiality of any personal information of each other or third parties which they process by taking appropriate, reasonable technical and organisational measures to prevent its loss, damage, unauthorised destruction and unlawful access or processing.

8.3 To do so, the parties must take reasonable measures to: identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control; establish and maintain appropriate safeguards against the risks identified; regularly verify that the safeguards are effectively implemented; and ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

8.4 For your membership term, you as Member opt in and agrees to the use of your personal data you provide yourself for the purposes of completing the online subscription process on the LWFH Website, to allow PayFast and your nominated bank to process your authorised payment order, receive communication from LWFH Management and enable LWFH to provide Membership Services.

8.5 LWFH enables Members to voluntarily provide, publish or delete content on their own online public profiles which may include their personal data, blogs/articles or advertisements.

  1. Intellectual Property

9.1 Members are not allowed to use the Intellectual Property, in particular trade marks, to represent a partnership or employment with LWFH.

9.2 The LWFH trade marks and domain names may only be used as expressly prescribed by LWFH in clause 3 above relating to Email Hosting Services.

9.3 The Member represents to LWFH and unconditionally guarantees that the Member is the owner or has permission from the rightful owner to use, publish and share any and all content the Member publishes on the LWFH Website and social media platforms. The Member will abide by the Copyright Act and related laws relating to publications.

9.4 Any obvious, gross or intentional violations of intellectual property rights by a Member will result in a breach of this contract and termination of the Membership Services.

If you have any queries relating to these Member Terms and Conditions to conclude this contract online, you are welcome to email [email protected] for clarification.