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 Subscriber agree as follows:
- Membership Fee: The Subscription Fee will be R350 per month (Package 1) per profile for a Practising Attorney, Practising Trust Account Advocate, Referral Advocate and Legal Consultant, or R200 per month (Package 2) per profile for a Pro Bono Lawyer (member of a Law Clinic) and Law Academic (post LLB degree, including registered Candidate Attorneys and Pupils).
- LWFH Services: In consideration of the monthly Subscription Fee, LWFH undertakes to provide the following Subscription Services to Subscribers 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 anytime during your subscription 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.
2.5 Option to join a community of lawyers sharing referrals 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 Subscribers.
- Term of this contract: This contract will commence on the date of your first successful Subscription Fee payment and is a month to month contract from that date. The contract will continue for an indefinite period unless otherwise stated or terminated by either party by giving 30 (thirty) calendar days written notice. Any termination request notice to cancel your subscription and payments should be sent via email to [email protected]. or WhatsApp on 067 426 7141 .
- Payment terms:
4.1. Subscription Fees are paid monthly by the Subscriber to LWFH in accordance with the payment method prescribed by LWFH which will initially only be recurring bank card transactions (credit/cheque card payments), but could in course include debit order payments. Alternatively, you could make a special request on email or WhatsApp to us to opt for monthly EFT payments.
4.2. The first payment for your Subscription Fee will be actioned when you complete the subscription process on the LWFH Website by accepting these Subscription Terms and Conditions and authorising your payments.
4.3. The Subscriber understands and authorises that LWFH will automatically collect the Subscription 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.
4.4. The Subscriber 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 Subscriber authorises PayFast and his/her bank to act in accordance with his/her payment instruction herein.
4.5. The Subscriber understands that, as the payment method is outsourced to third parties, LWFH is not in control of the payment method and can not be held liable for any claim as a result of losses or harm suffered by the actions of third parties or fraudsters. The Subscriber will have recourse directly against such third parties.
4.6. 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.
4.7. 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.
4.8. If the payment is unsuccessful LWFH will struct PayFast to continue to attempt to collect the outstanding amounts from your bank account.
4.9. If payment is not received in any other form and the account is overdue for 10 (ten) days or more, your Subscription Services may be cancelled, your profile on the LWFH Website may be deleted, and you may be removed from the LWFH WhatsApp group.
4.10. LWF does not foresee any increases at this stage, but LWFH reserves its right to review and announce a reasonable annual increase and will advise Subscribers timeously thereof, if applicable.
4.11. You warrant that all payment information entered by you as Subscriber 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 Subscriber 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 subscribing process. In particular, if your email address changes, let us know promptly to not miss out on aspects of your Subscription Services and to enable us to send you invoices.
4.12. You as Subscriber 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 Subscription Services.
- Provision of Services by LWFH to Subscribers
5.1. Lawyers who qualify as a Subscriber, and accept the terms of this contract, can subscribe as a Subscriber on the LWFH Website. However, LWFH reserves the right, without prior notice, to immediately restrict access, use or benefits of certain or all Subscription Services if the Subscriber is in breach of the User Terms and Conditions of the LWFH Website, or these Subscriber Terms and Conditions, or publicly do anything on the LWFH Website or platform which embarrasses other Users or Subscribers or bring the legal profession or any lawyer category represented on the LWFH Website in disrepute.
5.2. Subscribers 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, Subscribers agree to abide by the law and, where applicable, comply with the Legal Practice Act 28 of 2014, its Regulations and Code of Conduct.
5.3. 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 categories represented on the LWFH Website.
5.4. 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 Subscribers in enjoying the benefits of the Subscription Services.
5.5. Subscribers 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.
5.6. 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 Subscribers. If relevant, LWFH will share such feedback on email with Subscribers 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 Subscriber, or by a Subscriber against another Subscribers, or between Subscribers and Advertisers, for any reason, and vice versa.
- Limitations of Liability
6.1. Whilst LWFH will use its best efforts to ensure that all information is displayed correctly, the Subscriber shall have no claim of any nature against LWFH for any loss or damages, including, but without being limited, to consequential damages which the Subscriber may suffer as a result of, without limiting the generality of the foregoing, any error in or omission from its Subscription 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, computer viruses, loadshedding and the like. 6.2 As lawyers, Subscribers 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 Subscription 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 Subscribers to other Users. The LWFH Website only facilitates marketing, networking and socializing between lawyers and the public, and between lawyers. 6.3 The Subscriber releases and indemnifies LWFH (and its agents, affiliates, directors, officers and employees) 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 Subscriber lawyers and the User public or Advertisers.
- Protection of Personal Information
7.1 Each party must comply with their obligations under the Protection of Personal Information Act, 2013 (POPI) to personal information in respect of which they are the responsible party.
7.2 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.
7.3 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.
7.4 For your subscription term, you as Subscriber 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 Subscription Services. 7.5 LWFH enables Subscribers to voluntarily provide, publish or delete content on their own online public profiles which may include their personal data, blogs/articles or advertisements.
- Intellectual Property
8.1 The Subscriber is not allowed to use the Intellectual Property, in particular trade marks, to represent a partnership or employment with LWFH, without the express written authorisation thereof by LWFH. Use of the LWFH Intellectual Property will generally only be authorised for the purposes to help the marketing of the LWFH Website and Services. The LWFH trade marks and domain names may only be used as expressly prescribed by LWFH.
8.2 The Subscriber represents to LWFH and unconditionally guarantees that the Subscriber is the owner or has permission from the rightful owner to use, publish and share any and all content the Subscriber publishes on the LWFH Website and social media platforms. The Subscriber will abide by the Copyright Act and related laws relating to publications.
8.3 Any obvious, gross or intentional violations of intellectual property rights by a Subscriber will result in a breach of this contract and termination of the Subscription 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.