Terms of Service
When you apply to open an account with De Beer Attorneys, you agree to the following terms of engagement:
We are committed to providing quality legal services at fair and reasonable prices. Our cost structure is tailored according to this principle.
We will always attempt to advise of fixed costs upfront for approval before proceeding with new formal instructions. Costs quoted will include our professional fees, payment of official fees, office disbursements and payments related to third parties (where applicable) such as foreign agents and advocates.
Although we prefer to work on fixed costs for purposes of certainty, some instances and types of engagements do not allow for same. In this regard we advise that our hourly rate is between R2800 (US$ 216) and R1800 (US$138) per hour, depending on the seniority of the attorney involved. We will supply you with a schedule of charges upon request.
We normally require payment of at least 50% of the quoted amount upfront, before commencing formal instructions. The remainder then becomes payable immediately upon the presentation of our invoice for the instruction.
Any other payment arrangements or indulgences must be expressly agreed to in writing by our firm.
In the event that urgency prevents us from first confirming costs, indicating or obtaining a deposit before executing on a formal instruction, you undertake to pay an invoice for such services immediately upon presentation of our invoice. This relates in particular to instances where we are awaiting your further instructions and obtain extensions of terms in registration or litigation processes to reserve your rights.
Deposits are payable into our Trust Account. The details of our Trust Account will be forwarded upon as receiving formal instructions or upon issuance of a Pro Forma invoice.
If your matter is subject to a deadline, you have to inform us in writing of such deadline by which you require completion of your matter or instruction. We will always put in our best efforts to comply with requested deadline and inform you if we are unable to do so.
In the course of completing instructions, in partculars those related to Registrations, we are dependent on the efficiency of the relevant Registry and communications of foreign agents. We are also always dependent on the available infrastructure including that of Postal Services and Electricity Suppliers. We commit to the best turn around times possible, but cannot guarantee turn around times where we are dependent on input or facilities supplied by third parties. In this regard, the registration process in South Africa as regards patents, designs and trademarks is ordinarily a fairly long process.
You agree to promptly provide us with additional details to comply with all of the requirements under FICA when called upon to do so.
We respect the privacy of our clients. And confirm that the personal information of our clients will be held confidential and will not be sold or otherwise provided to third parties, unless required by law. We will also make our best efforts to secure your information on our systems.
You confirm that you would like to receive newsletters from our firm from time to time. These newsletters include information relating to our firm, which may improve your rights or legal developments which may be relevant to your business. You will always have the option to unsubscribe from any electronic newsletters we may send you.
You agree to provide us with your most recent contact details and that the contact details provided are correct and accurate. You agree to inform us of any changes in the above contact details within a reasonable time of such changes. In the event that your contact details have changed, and after taking reasonable steps (including email, registered post, telephone, fax and email contacts as well as searches on the Internet and Company Register) we reserve the right to cease rendering services and withdraw as “address for service”.
If invoices are not paid promptly, we reserve the right to immediately cease rendering services, cease incurring costs on your matters, withdraw as attorneys of record at any time, and take legal action against you to recover such payments. If legal steps are taken for recovery of any amount, you agree to pay such costs of such court proceedings on a client-attorney scale.
We have a very good track record with litigation matters. However, we confirm that litigation may be unpredictable and that positive results cannot be guaranteed. The outcome of a litigation matter is always dependent on the relevant presiding officer.
The terms of this document constitute the basis of any engagement with our firm and the signed version of this document is valid agreement between our firm and the instructor indicated. Changes to these terms must be reduced to writing.