1. That I, as the undersigned in my personal capacity as well as representative of my legal entity and/or business (if applicable), accept responsibility for payment of Van Velden-Duffey Inc., VVD Attorneys Inc. and/or Van Velden-Duffey Trustees and Executors (Pty) Ltd (as the case may be) (hereinafter referred to as “VVD”) professional compensation on a scale of attorney and own client which is for any legal work on any of my files, currently or in the future, calculated as per and in accordance with the attached fee schedule.
2. I accept responsibility for all expenses which can include, but are not limited to, sheriff fees, tracer fees, experts, correspondents, couriers, stamps and advocates if applicable.
3. I accept that VVD will be entitled to debit my account from time to time with running expenses and professional fees, to get payment of same.
4. I accept that I will be handed over for collection of my account should same not be paid within 30 days from date of presentation thereof and consent to the following:
4.1 In the case of an account falling into arrears, VVD will be entitled to collect all outstanding monies on an attorney and own client scale as specified above as well as interest in terms of the Prescribed Rate of Interest Act, Act 55 of 1975, per year. I also consent to VVD proceeding with execution steps including the issue of an emoluments attachment order against my salary and the instruction of tracers and to do a credit search;
4.2 I consent to payment of collection commission of 10% plus VAT on each payment made in respect of any arrear accounts;
4.3 I agree to the allocation of funds held in trust on my behalf in any matter to be allocated towards any arrear account without any prior notice to me.
5. I understand that party and party fees is the minimum fee according the Magistrate Court and High Court rules (and likely the applicable rate at which I will be entitled to an indemnification from any party sued for the legal services rendered by VVD) and Attorney and own Client fee is the fees as set out herein and for which I am liable to compensate VVD for services rendered.
6. I choose my street address as set out in the client particulars form as my domicilium citandi et executandi address for service of any legal documents. I also consent to service of all notices and correspondence, other than a summons or process in terms of which legal action is instituted, being sent to my e-mail address as set out above. Should my personal details / address change I will notify VVD of such change in writing within 10 days thereof failing which it is accepted that the provided particulars and details remain correct.
7. I understand that all legal work on any matter dealt with by VVD on my behalf will be ceased until the required deposit and/or account is settled and all prepaid fees and monies are received. VVD may also, within its own discretion, withdraw as attorneys of record if the deposit or any account is outstanding.
8. I understand that by instructing VVD I will be required to disclose personal information of a sensitive nature to VVD. This information includes information such as names, identity numbers, contact details and other personal information of both myself and other parties to which this and any other instruction relate. VVD will take all appropriate, reasonable, technical and organisational measures to safeguard personal information to prevent loss of damage to or unauthorised destruction of personal information or unlawful access to or processing of personal information. I indemnify VVD against any damages which I or any other party whose information was disclosed to VVD by me, may suffer as a result of the abuse of the personal information by an unauthorised third party.
9. If my claim(s) or action related to this instruction (if accepted by VVD Inc.) will prescribe within the next 6 (six months), I hereby unconditionally indemnify VVD against any claim or action pursuant to such prescription, if my or my dependant(s) claim(s) or action(s) are not instituted prior to the prescription date.
10. I acknowledge that I am aware of the significant risk posed by cyber fraud, specifically affecting email accounts and bank account details. I acknowledge that it is my obligation to independently confirm any bank account details and transfer/payment instructions with VVD in person or via telephone call to a trusted and verified phone number. If any payment is not actually received by VVD due to any cyber fraud, I accept that the payment will not be regarded as constituting a discharge of my obligation or liability to VVD and that I will still be required to satisfy whatever amount remains owed or outstanding. VVD has not and will not advise of any change in banking details by way of an ad hoc email. If I receive any communication of this nature, I undertake to first check with, and report to, the person at VVD who is attending to my matter, to verify the legitimacy of the change in banking details.
11. I acknowledge that VVD may exercise a lien over my files and documents until all bills due to VVD have been paid in full, subject to the laws and professional regulations as are applicable to VVD.
12.Estimates which VVD may give are merely a guide to assist with budgeting, but should not be seen as a definitive quotation unless this is specifically agreed to in writing. If a transaction or other matter does not proceed to completion, VVD’s fees (together with all expenses and disbursements) will still be payable. VVD’s fees (together with all expenses and disbursements) will also be payable regardless of the outcome of the matter or instruction.
13. I acknowledge that where VVD acts in litigious or contentious matters, I will be responsible for all of the legal fees and expenses incurred, although I may be able to recover some of them from my opponent or the other party. I remain liable to compensate VVD for the services rendered even if any contribution from my opponent or the other party is unrealised or otherwise not recovered. I further acknowledge that in litigious or contentious matters, if I am unsuccessful, I may be ordered to pay all or a significant portion of my opponent’s fees and expenses.
14. Conflicts between my interest and those of another client of VVD may arise. If there is a conflict of interest, VVD might have to cease acting for me. Should this happen, all fees and disbursements up to the date of termination will be charged and become due.
15.I accept that VVD will charge an admin fee of 3.5% of any amount paid with a debit or credit card at their offices, if such amount exceeds R10, 000.00.