TERMS AND CONDITIONS
1. DEFINITIONS
1.1. “Client” refers to any individual, company, or institution engaging House of Attorneys Inc for legal services.
1.2. “House of Attorneys Inc” means House of Attorneys Inc (Registration Number 2010/007329/21), trading under that name.
2. GENERAL TERMS
2.1 These terms are to be read alongside any written fee estimates, opinions, memoranda, or correspondence issued by an authorised representative of House of Attorneys Inc (collectively, “Terms”).
2.2 House of Attorneys Inc may revise these Terms at any time. Such revisions replace previous versions and become binding upon publication on our website at www.houseofattorneys.com.
2.3 Where discrepancies arise between these Terms and any engagement letter, quotation, memorandum, or email from House of Attorneys Inc, these Terms shall prevail unless otherwise expressly stated.
2.4 Clients are responsible for reviewing updates to these Terms; House of Attorneys Inc is not obliged to notify individual clients of amendments.
2.5 These Terms apply to all engagements between the Client and House of Attorneys Inc and remain effective until all obligations between the parties have been fulfilled.
2.6 No amendment to these Terms is effective unless agreed in writing by House of Attorneys Inc.
3. ACKNOWLEDGEMENTS
3.1 The Client confirms they have read, understood, and accepted these Terms as reasonable and fair.
3.2 Any term found invalid or unenforceable shall be severed, and the remainder shall continue in full force.
3.3 Where the Client qualifies as a “Consumer” under the Consumer Protection Act No. 68 of 2008, any invalid term will be adjusted to comply with the Act.
4. INSTRUCTION AND ASSIGNMENT
4.1 Upon receiving instructions, House of Attorneys Inc will assign the matter to an appropriate professional. Services may be provided by multiple team members, and third-party advisers may be engaged if necessary.
4.2 Instructions to House of Attorneys Inc include authority to take all necessary steps, including incurring disbursements, unless expressly revoked in writing by the Client.
5. LIMITATION OF LIABILITY
5.1 Engagements create rights and obligations solely between the Client and House of Attorneys Inc. No third party may rely on advice or enforce these Terms.
5.2 House of Attorneys Inc is not liable for losses, damages, or costs except where directly resulting from gross negligence or willful misconduct.
5.3 Liability is capped at the professional indemnity cover held by House of Attorneys Inc.
5.4 Nothing limits liability for fraud, dishonesty, or gross negligence as prohibited by law.
5.5 The Client indemnifies House of Attorneys Inc against claims arising from engagement, except those caused by fraud or gross negligence.
5.6 Advice, opinions, or memoranda provided are strictly for the engagement and may not be used for other purposes without written consent.
6. FEES AND PAYMENTS
6.1 Billing: Charges are based on time spent, including correspondence and calls. Hourly rates vary depending on complexity and role of personnel.
6.2 Fee Estimates: Estimates are indicative and may change if assumptions are incorrect or instructions are amended. Estimates are valid for 14 days unless otherwise indicated.
6.3 Reimbursements: The Client reimburses House of Attorneys Inc for all reasonable expenses incurred, including third-party fees, travel, and disbursements, payable upfront if requested.
6.4 VAT: All fees are subject to applicable VAT.
6.5 Deposits: Work may be suspended until deposits are paid.
6.6 Invoices: Issued monthly, detailing services and disbursements. House of Attorneys Inc may amend entries if necessary.
6.7 Payment Terms: Payments are in ZAR via electronic transfer. Late payments incur 2% monthly interest. Directors or signatories may be jointly liable for unpaid invoices.
6.8 Cybersecurity: Clients must verify banking details prior to payments. House of Attorneys Inc is not liable for transfers to fraudulent accounts.
7. CLIENT FUNDS
7.1 Deposits or client funds are applied to outstanding accounts.
7.2 Trust Accounts: Interest on trust accounts is paid to the Fidelity Fund unless otherwise agreed.
7.3 Section 86(4) Investments: Investments require a signed mandate. Interest accrues to the Client, subject to statutory deductions.
7.4 Liability: House of Attorneys Inc is not responsible for banking errors, delays, or currency fluctuations.
8. CLIENT RESPONSIBILITIES
8.1 Litigation Costs: Estimates depend on various factors including trial outcomes.
8.2 Third-Party Engagements: Experts or translators require Client approval, and associated costs are payable by the Client.
8.3 Risk of Costs: The Client acknowledges potential liability for opposing party fees.
8.4 Document Preservation: Clients must preserve relevant documents; destruction may impact litigation outcomes.
8.5 Advocates: House of Attorneys Inc appoints advocates as required; fees are a disbursement payable upfront.
9. COMMUNICATION
9.1 Correspondence is primarily via email. Confidentiality is not guaranteed in electronic communications.
9.2 House of Attorneys Inc communicates with authorized Client representatives only.
10. DATA PROTECTION
10.1 Personal information is processed in compliance with the Protection of Personal Information Act No. 4 of 2013 (POPI).
10.2 Clients consent to processing in accordance with the firm’s POPI policy, available at www.houseofattorneys.com/popi-policy.
11. DOCUMENTS
11.1 Retention: Files may be destroyed after 5 years from matter completion.
11.2 Retrieval: Costs for retrieving archived files are borne by the Client.
12. INTELLECTUAL PROPERTY
12.1 House of Attorneys Inc retains copyright and IP in all work. Clients may use materials only for the relevant engagement.
12.2 Clients consent to use of their name/logo for promotional purposes.
13. COMPLIANCE
13.1 Anti-Money Laundering: House of Attorneys Inc complies with all relevant laws and may perform due diligence checks.
13.2 Conflicts: Clients must disclose potential conflicts; the firm decides on engagement in such cases.
13.3 Lien: House of Attorneys Inc retains documents and funds until outstanding fees are paid.
14. TERMINATION
14.1 Clients may terminate engagements in writing. House of Attorneys Inc may terminate immediately for non-payment, lack of instructions, conflicts, or statutory compliance.
15. DISPUTES
15.1 Clients dissatisfied with services should raise concerns with a director.
15.2 Fee disputes are subject to review by the South African Legal Practice Council. Outstanding amounts continue to accrue interest.
16. CONFIDENTIALITY
16.1 House of Attorneys Inc will not disclose Client information without consent, except as required by law or professional standards.
17. JURISDICTION AND SCOPE
17.1 All advice and services are based on South African law. Foreign legal references are for context only.
18. USE OF AI
18.1 AI tools may assist service delivery but are always supervised by qualified professionals.
18.2 Confidential data is not input into public AI platforms. House of Attorneys Inc is not liable for AI-generated inaccuracies unless confirmed by a qualified practitioner.
