TERMS OF ENGAGEMENT FOR POPIA CHECKLIST
This document sets out the terms and conditions upon which POPIA CHECKLIST
(“POPIA Checklist”) agrees to act on your behalf, as a Client. Your acceptance of any quote or any of POPIA Checklist’s
services indicates your explicit or tacit acceptance of the terms of engagement listed below.
1.1. POPIA Checklist is a creative legal agency and not a legal practice registered with any law society in
terms of the Attorneys Act 53 of 1979, as amended.
1.2. You give POPIA Checklist the authority to act on your instruction and incur the expenses which it considers
reasonably necessary for the proper fulfilment of your instruction.
- PROFESSIONAL DUTIES
Throughout the instruction, POPIA Checklist will conduct itself in a professional and consistent manner. However,
it will be your responsibility to provide all necessary, accurate and clear instructions, documents and/or
information to POPIA Checklist.
- CONFIDENTIALITY AND CONFLICT OF INTEREST
3.1. POPIA Checklist will –
3.1.1. treat your instructions, identity and incidental information you provide to us as strictly
confidential. We will not disclose to any third party any confidential information or knowledge
that we obtain as a result of us acting on your behalf;
3.1.2. protect the information you provide to us with a reasonable standard of care; and
3.1.3. advise you if there is a material conflict of interest between yourself and another client and
take the appropriate steps to ensure the conflict is resolved.
3.2. In situations of dispute –
3.2.1. POPIA Checklist practices collaborative law, which aims to amicably resolve disputes without formal
litigation. Where the disputing parties are POPIA Checklist clients, POPIA Checklist offers to act as mediator
to assist resolving the dispute in a collaborative manner as an independent party; and
3.2.2. you choose POPIA Checklist to mediate on the above understanding.
- FEES AND DISBURSEMENTS
4.1. POPIA Checklist will charge a fair and reasonable fee for acting on each instruction that we receive from you.
4.2. Where reasonably possible, POPIA Checklist will provide a quote before acting on an instruction. Estimates of fees and disbursements are given for guidance purposes only on the basis of information provided by you. These should not be regarded as final and may be subject to change due to unforeseen complexity, time spent, disbursements and/or hidden costs.
4.3. Should no quote be requested, POPIA Checklist’s prevailing hourly rates range between R950.00 (nine hundred and fifty Rand) and R1 500.00 (one thousand five hundred Rand) depending on the level of the employee and nature of the work conducted.
4.4. Disbursements incurred by POPIA Checklist on your behalf, such as third party administration, penalty or bank fees, will be charged in addition to our fees. Where you require POPIA Checklist to source external professional services, POPIA Checklist will communicate the relevant fees for this service to you.
4.5. Invoices will reflect fees and disbursements, exclusive of Value Added Tax. Value Added Tax will be charged at the rate applicable, when necessary.
- CANCELLATION OR VARIATIONS
5.1. Upon your acceptance of a quote and our acceptance of your instruction, you will be liable for the
full quoted fee.
5.2. If, after POPIA Checklist has accepted your instruction, you require a variation of the instruction, POPIA Checklist
will provide a quotation for the variation. If accepted by you, this amount will be added to the final
invoice. If you do not accept the quotation, POPIA Checklist is not obliged to implement the variation.
- CONSULTATIONS AND ADVICE
6.1. Consultations and legal advice are billed at an hourly rate. Should you request legal advice over the phone, in person or via email, time will be recorded and you will be charged according to the fees
laid out in clause 4.3 above.
6.2. POPIA Checklist will charge an hourly rate for initial consultations. We will then quote you on the services you require. Should you proceed with the quotation, POPIA Checklist may in its sole discretion waive the
initial consultation fee.
6.3. POPIA Checklist may in its sole discretion charge for an hour of consultation, if you cancel the consultation with less than 24 (twenty four) hours’ notice.
- NEGOTIATIONS WITH A THIRD PARTY
Where a contract drafted by POPIA Checklist is sent to a third party during a negotiation process, and you require POPIA Checklist to assist with the negotiation process or make amendments to a contract on your behalf or based on the third party’s feedback, an hourly rate will be charged.
- LEGAL OPINIONS
If POPIA Checklist is requested to explain, review or give an opinion on a third party contract, we will charge our hourly rate.
- REGISTRATION AND APPLICATIONS
9.1. Should you instruct POPIA Checklist to register yourself, your entity, business and/or related product and/or service with various entities:
9.1.1. once we have received instructions from you to proceed with an application, a date will be
given by which information or documentation is required from you; and
9.1.2. should you fail or delay to provide any documentation or information required for your
application, it may result in your application being rejected or you incurring a penalty fee and/or
9.2. POPIA Checklist will not be responsible for any loss or delay suffered as a result of the above. You understand that POPIA Checklist acts only as your agent and that any fees, delay or harm incurred as a result of the unsuccessful application will be your responsibility.
- PRESENTATION OF WRITTEN INSTRUCTIONS
10.1. Any documentation provided by POPIA Checklist to you as part of your instruction will ordinarily be presented according to the following procedure:
10.1.1. POPIA Checklist will send you the first draft, as proposed in the quote. You are required to provide any outstanding information and can give feedback on the content (“the first presentation”).
10.1.2. POPIA Checklist will then revise the written content, based on your feedback and present the final draft to you (“the final presentation”).
10.2. If you require additional amendments after the final presentation, POPIA Checklist has the discretion to
charge its hourly rate for those amendments. We will notify you before incurring further costs.
10.3. Unless otherwise discussed with POPIA Checklist, the instruction may be considered complete if you do not
request additional amendments within 10 (ten) business days of a presentation.
- PAYMENT TERMS
11.1. For new clients, the consultation fee must be paid to POPIA Checklist on or before the consultation date.
11.2. For existing clients, the consultation fee may, at POPIA Checklist’s discretion, be delayed until presentation of an invoice.
11.3. Once a quote has been accepted for an instruction, 50% (fifty percent) of the fee must be paid in
order for POPIA Checklist to begin the instruction.
11.4. Unless otherwise discussed with POPIA Checklist, the remainder of the fee can be paid on presentation of the completed instruction by POPIA Checklist or within 30 (thirty) calendar days from the initial instruction given by the Client, whichever date is earlier.
11.5. All invoices are due and payable upon presentation.
11.6. Any invoice not paid within the calendar month in which it is sent will accumulate interest at a rate equal to the published prime overdraft rate, determined on the first day of each month and debited monthly in arrears.
- INTELLECTUAL PROPERTY
You are not permitted to share, sell, assign or licence any document drafted for you by POPIA Checklist with anyother party, except in the ordinary course of business and for the purpose which the document was requested.
13.1. Apart from instances of dishonesty or gross negligence, POPIA Checklist will not be liable for:
13.1.1. any loss or damage caused by any delay in the completion of the POPIA Checklist services;
13.1.2. any loss of profits suffered by you or a third party in connection with the POPIA Checklist services;
13.1.3. any indirect or consequential loss of whatever nature;
13.1.4. any loss arising directly or indirectly due to any negligence on the part of POPIA Checklist, its
employees or agents; or
13.1.5. any third party liability.
13.2. You agree to hold harmless and indemnify POPIA Checklist against any losses, expenses or claims by yourself or any third party arising as a result of the provision of POPIA Checklist services. POPIA Checklist and/or
its employees shall never be liable to you and/or your customers, employees, suppliers and
contractors in respect of consequential, indirect or special losses and/or damages (including loss of
13.3. You understand and agree that any legal product produced for you is based on currently applicable South African laws only, and as such, should these laws change, POPIA Checklist can no longer warrant that the work produced for you is still compliant and/or correct.
13.4. At no point or stage of the process does POPIA Checklist claim to certify POPI Act Compliancy to any customer. Our main objective is to supply the relevant digital tools to enable clients to comply with the POPI Act.
14.1. You will not, within 12 (twelve) calendar months of any instruction or dealing with POPIA Checklist, directly or indirectly solicit, offer employment to, employ or contract in any manner with any POPIA Checklist employee.
14.2. In the event of a breach of clause 14,you will be liable to pay POPIA Checklist a placement fee equivalent to 25% (twenty-five percent) of the annual salary or income of that POPIA Checklist employee at his/her new placement. You agree that this placement fee is fair and reasonable and any reduction in the placement fee will be within POPIA Checklist’ sole discretion.
- TERMINATION OF INSTRUCTION
15.1. Without prejudice to its other rights and remedies, POPIA Checklist will have the right to cease work and/or terminate any instruction by giving you notice by email, should we determine in our sole discretion that we are not able to properly perform the instruction or should you fail to pay your account or provide us with the necessary information which we request.
15.2. Should your instruction be terminated by POPIA Checklist, you grant POPIA Checklist the right to keep possession of any documentation, goods or material owned by you until your account is paid in full.
- POPIA WEBSITE ASSESSMENT TOOL
16.1. The POPIA website assessment tool is a digital form that collects your information to do a assessment of your website. The assessment is done by a real certified website developer and not a system or a bot.
16.2 POPIA Checklist has the right to choose not to assess your website, without giving any reasons.
16.3 Only websites that are free from malicious code and have an updated engine core will be quoted on.