TERMS & CONDITIONS
We believe that it is crucial that, if we become your service provider, we both understand our obligations to each other.
Unless we sign a different document with you, these standard terms of service (“standard terms and conditions”) will govern our relationship with you or your organization. If you require us to act for you or your organization, you confirm that you are authorized to make such a request and representation. These standard terms and conditions may change from time to time and are updated on our website at www.chrisroos.com or www.chrisroos.co.za. Please ensure that you check them regularly. Whilst we will not be obliged to do so, we may give you written notice of any material changes. We typically require a deposit (an upfront payment that we hold to be used towards our fees). We reserve the right to request a deposit to be paid before rendering any services as a matter progresses and as the deposit decreases, it may be necessary to top it up. We will let you know when your deposit gets low and will require you to top it up.
Please remember that even if you win your matter, you may not be able to recover the same amount of fees that you paid us. This is because the award of the applicable court tariff by an adjudicator or arbitrator is typically lower than our rates are. If you lose, you may be liable for the other side’s costs. Our fees are not determined by whether you win or lose, and we do not work on a contingency basis. Please note that we are not responsible for the collection of fees awarded to you by an adjudicator or arbitrator. All work performed after hours (weekends between Friday 17h00 – Monday 08h00), public holidays, and weekdays after hours (between 17h00 – 08h00) will be subject to the rate in the Fee Mandate x1.5. Payment of invoices or amounts due may not be withheld in lieu of or due to the outcome or the result of the services rendered. Invoices are payable strictly 7 (seven) days from the date of invoice. Interest would be payable on all unpaid amounts, calculated at the annual rate of three percentage points above the discount rate of the central bank of South Africa (i.e. three percentage points above the South African repo rate). Nonpayment of invoices will be considered a breach of the agreement for which, inter alia, specific compliance and performance can be claimed. We adopt a strict approach to recovering unpaid fees. If you do not pay on time, you may receive a formal reminder after 7 (seven) days, a letter of demand after 30 (thirty) days, and a summons will be issued after 45 (forty-five) days. We reserve the right, at our sole discretion, to abandon or shorten the time periods in this clause. We reserve the right at our sole discretion to suspend or terminate the service should non-payment of the full outstanding amount continues for more than 7 days following a letter of demand issued.
CHRIS ROOS & ASSOCIATES (PTY) LTD will be entitled to charge a collapsed fee equal to the day rate where a conference, seminar, or an adjudication or arbitration hearing does not proceed or continue on the day or days for which it was set down for hearing either because it was settled or postponed or where such days are no longer required or where the full period for which CHRIS ROOS & ASSOCIATES(PTY) LTD was reserved is no longer required, where the same and such have been concluded during the hearing or within the period of 30 days immediately prior to the date of the hearing, seminar or conference.
The requester by requesting and receiving services indemnifies and holds CHRIS ROOS & ASSOCIATES(PTY) LTD, its directors, employees, associates, representatives, or third-party consultants harmless from all claims or proceedings for damages, expense, and/or loss (including legal or other fees and expenses) in respect of or arising from any act or omission thereof and those for whose acts they are responsible in providing the service.
All services rendered or work produced are for the benefit of the requester and may not be relied on by, or disclosed to any other person, juristic or natural, nor may it be relied on in any other context, nor is it to be quoted or made public in any way without prior written consent from CHRIS ROOS &ASSOCIATES (PTY) LTD.
Client warrants that all information provided to the firm, including but not limited to documents, statements, and communications, is true, authentic, accurate, and complete to the best of their knowledge and belief. Client acknowledges that the firm relies on the accuracy and completeness of the information provided by the client and that providing false, misleading, or incomplete information may have serious legal consequences. Client agrees to cooperate with the firm in verifying the authenticity and accuracy of any information provided and understands that the firm may request additional documentation or verification of any information provided. If the firm discovers that any information provided by the client is false, misleading, or incomplete, the firm may, at its sole discretion, withdraw from representing the client. Should the firm withdraw, as a result of the aforementioned, the Client will remain liable and indebted to the firm for all fees and costs.
All work produced remains the intellectual property of CHRIS ROOS & ASSOCIATES until paid for in full. Noncompliance with the terms and conditions may lead to termination and cancellation of services and this agreement is the following ignorance upon written notice to correct such default or noncompliance. Either of us may terminate this agreement at any time on at least 14 (fourteen) days prior to written notice to the other. You will be responsible for all fees and disbursements up to the date of termination. We will keep your file/s (exercise a lien) until all outstanding fees have been paid in full. If we pursue you for our fees or for any other reason, we will be entitled to recover any legal fees arising out of any legal action, on an attorney and client basis.
Rates and fees are exclusive of VAT.
We will need you to confirm in writing that you have read these standard terms and conditions and that you accept them, see Annexure A hereto attached. If we require a deposit, that must also first be paid. Once these have been attended to, we will begin rendering services or commence representing you. Please remember that we are not your representatives until we have completed and met all the requirements of these standard terms and conditions. If we do act for you despite not having received anything from you, then these terms and conditions will apply. These standard terms and conditions constitute the entire understanding between us and you concerning our relationship. No waiver, relaxation, or change to these standard terms will be effective unless made in writing and signed, by hand or advanced electronic signature, by us both. If any part of these standard terms and conditions is held to be unlawful, all the other parts will remain in force.
We look forward to a long and mutually beneficial relationship.