Terms of Engagement & Client Onboarding Agreement
1. Introduction
1.1 These Terms of Engagement govern all professional services rendered by Helene Viljoen Incorporated (“the Firm”) to any client (“the Client”).
1.2 By accepting a quotation, signing this agreement, or making any payment to the Firm, the Client confirms that they have read, understood, and accepted these terms.
2. Scope of Work
2.1 Services comprise of legal advice and may include consultations, contract drafting, compliance and policy development, advisory opinions, and collaborative litigation services, the latter with expert service providers. Services are performed strictly on business days and during work hours only, being Monday to Friday, 08:00-16:00.
2.2 Work will be limited to the agreed scope confirmed in writing. Any extension requires written confirmation.
3. Client Mandate & Information
3.1 The Client authorises the Firm to act on their behalf for the agreed services.
3.2 The Client undertakes to provide full, accurate, and up-to-date information. The Firm may rely on this information without independent verification.
3.3 The Client indemnifies the Firm against any loss arising from false or incomplete information.
4. Confidentiality & Data Protection
4.1 All communications between the Client and the Firm are confidential and privileged in accordance with the Legal Practice Act and POPIA.
4.2 The Firm will not disclose Client information without consent unless required by law.
4.3 The Firm securely stores all records in digital format for at least five (5) years as required by law.
5. FICA Compliance
5.1 The Firm is an accountable institution under the Financial Intelligence Centre Act (FICA). Before services commence, the Client must provide:
• Proof of identity and address;
• Company registration documents (if applicable);
• Confirmation of source of funds, if required.
5.2 The Firm may withhold or suspend services until FICA requirements are satisfied.
5.3 The Firm is legally obliged to report suspicious or unusual transactions to the FIC.
6. Fees & Payment
6.1 The Firm’s professional fees are as follows (all VAT incl):
Client Engagement Fee: R2300.00 - admin fee payable by all clients, in addition to the below.
General:
Attorney Hourly Rate: R1633
Retainer Clients:
As per agreement.
Speaking Engagements:
R7825.00 per hour
Trademark Applications:
Registrability Report: R1633.00
Fees: R1633 per class
CIPC Fees: R590.00 per class
Company Registrations:
Fees: R4899.00
CIPC Fees: R175.00 (includes name reservation)
Contract Drafting: Includes 1x Client Engagement, 1x Draft, 1x Consultation and 1x Review, whereafter standard hourly rates apply.
Service Delivery Agreement/Service Level Agreement (SLA)
Fee: R8 625.00
Confidentiality & Non-Disclosure Agreement (NDA)
Fee: R2 875.00
Partnership/Joint Venture Agreement
Fee: R11 500.00
Independent Contractor Agreement
Fee: R6 325.00
License/Intellectual Property Agreement
Fee: R6 325.00
Rental Agreement (Residential/Commercial)
Fee: R6 325.00
Loan and Repayment Agreement
Fee: R2 875.00
Employment Agreement
Fee: R6 325.00
Website Terms and Conditions
Fee: R11 500.00
Privacy Policy (POPIA & GDPR Compliant)
Fee: R8 625.00
Supplier of Goods Agreement
Fee: R8 625.00
Shareholders Agreement
Fee: R17 250.00
Sale of Business Agreement
Fee: R17 250.00
Other
Fee: Hourly Attorney Drafting Fee of R1633.00
Note: Clients may be required to furnish a deposit amount into the firm’s trust account, from which services rendered will be deducted.
7. Termination
7.1 Either party may terminate with written notice.
7.2 The Client remains liable for all fees up to the termination date.
7.3 Any unused trust deposit will be refunded within 14 days, less fees due.
8. Limitation of Liability
8.1 The Firm’s liability is limited to the lesser of the total amount paid by the Client or the Firm’s professional indemnity insurance cover.
8.2 The Firm shall not be liable for indirect or consequential losses.
9. Governing Law & Jurisdiction
9.1 This agreement is governed by South African law.
9.2 The parties consent to the jurisdiction of the Magistrate’s Court of Mbombela (Nelspruit).
10. General
10.1 These Terms may be updated periodically.
10.2 If any clause is invalid, the remaining provisions remain effective. 10.3 The Rate Card, Client Information Sheet & Payment Policy Sheet forms part of this agreement.