Multipurpose Notice and Agreement
Terms and Conditions of use
This document contains the terms & conditions upon which your use of any Anthony Wilton, Thinane Inc (AWTINC, we, us or our), resource, platform or website (awinc.co.za) is dependent.
The terms & conditions (T&Cs) are inclusive of topics including usage, privacy, information & data, content and your legal rights in terms of The Protection of Personal Information Act (POPIA). The T&Cs are broken down in to the following sections:
- Section A: Acceptance.
- Section B: About Us.
- Section C: Personal Information and Privacy.
- Section D: Copyright.
- Section E: Usage levels.
- Section F: General Terms.
- Section G. MANDATE AND FEE AGREEMENT
Acceptance & Definitions.
- Use of ‘AWTINC’ is subject to you agreeing to these T&Cs. Should you decide not to accept the T&Cs, you shall cease engaging with us on any of our platforms or mediums.
- In the absence of another indication of intent, a person who continues engaging with AWTINC shall be assumed to have read these T&Cs and thereby becomes a ‘User’ who has accepted fully, without exception, reservation or objections, to be bound to these T&Cs, therefore constituting a legally binding agreement.
- Should a User, for any reason, want to explicitly terminate the Agreement that arises after accepting the T&Cs (as explained in point 2 above), the User must notify AWTINC of this in writing via firstname.lastname@example.org or cell WhatsApp +27833703653. The User understands that in doing so –
- he/she no longer will be able to rightfully engage on AWTINC’s websites or platforms, and may be actively prevented from doing so;
- he/she remains bound by the T&Cs during the period of use.
- Reference to ‘platform/s’ within this T&Cs refer to any of AWTINC owned or managed digital platforms, including but not limited to websites, digital communications or Apps.
- Reference to ‘content’ within this T&Cs refers to, but is not limited to, any text, images, video, sound, download, link, media, contact information, user date, or subject date or data subject information.
- Reference to ‘process’ in relation to information means to save, disseminate, publish or share the information.
- Reference to ‘AWTINC’ or ‘We’ refers to the commercial trading entity the User is in agreement with. AWTINC is a legal practice, practicing under the name and style of Anthony Wilton Thinane Inc. | Registration Number: 2002/027275/21 | awinc.co.za | email@example.com | WhatsApp +27833703653.
- The User can request further particulars about AWTINC via email (to the above address) and, once AWTINC has been able to authenticate the request, it will consider – but is not obligated to offer further details to the requestor.
- These T&Cs may be updated at any time. Accordingly, the User should revisit this document every time they make use of a website or any resource / platform related to AWTINC.
- Any User who feels there is an infringement on their rights, agrees to first notify AWTINC in writing of the concern and allow AWTINC five working days to resolve the matter internally before escalating the issue externally, either to an appropriate authority or for resolution via mediation or litigation. Such communication can be directed to firstname.lastname@example.org.
Personal Information & Privacy.
- In becoming a User, you are providing information to AWTINC. Dependent upon the level of such use (see Section E), this information is used to enable AWTINC, and by extension its staff, agents, 3rd parties or suppliers, to:
- stay in contact with you,
- maintain and update a User database,
- provide or offer you resources, services or products,
- improve our services and products,
- communicate your needs and intent with staff, agents, suppliers or service providers (hereinafter referred to as “permissible purposes”)
- market services or goods or information and news related to services or goods. AWTINC adds every User with an email address to its weekly email run. Each communication has a link to allow you to remove yourself from this subscribed list should you wish to stop receiving such communications and opt out of the mailrun.
- Your information will only be used for the permissible purposes listed above and within Section E, and by engaging with AWTINC you are opting in to such use and permissible purposes. If there is any other purpose, this will be discussed between us and you prior to any such use.
- The sources AWTINC obtains information from includes websites, social media (when information is shared/made public and required to create content / gather data), digital communication (not limited to chatbots, forms, and emails), phone, suppliers (not limited to hosting and 3rd party information suppliers), printed and posted public sources in public domain.
- We do not process your information if your engagement on the website is merely casual browsing (passive). We do process your information if you engage with us commercially by agreeing to be provided with our resources, services or products / opting in. (Also see section: Acceptance & Definitions, point 2, which applies.)
- We will only share your information with persons who are our employees or agents or acting as a representative on our behalf, and then we will do so only to the extent strictly necessary to provide the goods or services requested. We will not sell your information under any circumstances.
- As a User, you are defined as a Data Subject in terms of POPIA. You have all the rights afforded by POPIA as a consequence. We will fully engage with you regarding your rights afforded by POPIA. All communication in this regard can be directed to email@example.com and AWTINC will respond within 72 hours of receipt. (Working hours / not on public holidays or company annual closure dates).
- AWTINC reserves the right to pursue legal action against any User / Client who provides falsified / misleading / manipulated data or information for their own personal gain or interest.
- All content published on the website or included in any AWTINC medium, which content includes any variety of: text, images and video, literary works, musical works, artistic works, sound recordings, cinematography, sound and television broadcasts, program-carrying signals and published editions, are subject to copyright in terms of the Copyright Act.
- Unless you get our written agreement, you shall not copy, reproduce, adapt, broadcast, transmit, publish, sell, licence, share or in any way deal with the content.
- Nothing contained within the platform may be construed by you, the User, as granting by implication, estoppel or otherwise, any licence or right of use to any mark or content displayed on the website.
- When used, we have licence / permission from the owner to publish all content which is not owned by us. We may from time to time display content sourced from a public or open source. In such an instance, we acknowledge that our rights of use are limited and acknowledge the moral rights of the author.
- As a matter of policy, we do not use content that is contrary to our statements in 4 above. However, should we inadvertently publish content reasonably believing it to open source/ free to use, and an owner of such content becomes aware that this is not the case, he/she is requested to please notify AWTINC immediately in writing via email: firstname.lastname@example.org that content can be removed.
- AWTINC reserves the right to make any changes to any platforms at any times and without further notice. In so doing, we assume no liability or responsibility for the consequences.
- Casual use. (Passive)
The User may visit / use the AWTINC platform passively: browse, view, read, watch or listen to content, without providing personal identify information or data, but understands that certain platforms do record IP address and general analytics. Casual use does not include engaging with any AWTINC platform via digital communication, form, downloads, comments or active participation of any sort.
- Unsolicited Information
- If a User posts / writes / sends unsolicited or unrequested content / info onto AWTINC via platforms / offices / staff / representatives: the User grants AWTINC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
- In addition, the User also grants the right to use the name of the person and entity included with the Users submission connected with such Information.
- Furthermore, the User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to AWTINC or posted / shared with AWTINC, that the User does not violate Policy, Laws or infringe on the rights of any person or entity; and that the User indemnifies AWTINC for all claims resulting from their own actions.
- Solicited Information the User gives to SA Online. (Active)
This is the principal User level, and most frequently involves an entity being quoted / invoiced or paying an account, or also referred to as a ‘Client’. This category also can apply to service providers or 3rd party agents who engage with AWTINC.
- AWTINC requires certain personal information or data to engage with a User and/or process transactions if the User desires / requests. AWTINC receives and stores all Information the User provides / shares in this instance. The User may choose not to provide certain Information / data, but that may limit the level of engagement / services or products that the User may obtain / benefit from AWTINC.
- AWTINC provides products / services in conjunction with suppliers / affiliates / agents and subsidiaries / 3rd parties, and in this regard and unless specifically restricted by the User, the User concedes to AWTINC offering a non-exclusive, perpetual, irrevocable, and fully sub-licensable right to use: save / share / process / reproduce / modify / adapt / publish / translate / create derivative works from / distribute / display such Information for the purposes of the task / process at hand.
- Promotional Information.
AWTINC aspires to provide first-class service to Users, Clients and Suppliers, which necessitates that our office uses / processes information provided by Users, Clients and Suppliers to stay in contact / process / communicate, service / produce / trade / market. In each instance, the User is offered the opportunity to opt-out of such information via response to the originating communication or email email@example.com
- Business / Entity Transfers.
AWTINC will not transfer User or Content information / data to a new party or trading entity if AWTINC or its interests are sold without first publishing a ‘User’s Notice’ and allowing for a window of opportunity to object.
- Lawful Purposes:
When AWTINC is served with due legal process requiring the hand over / delivery of personal customer Information or a Data Subject, it has the legal duty to abide by that demand, and will do so.
- Privacy: Surveys:
AWTINC will request permission for usage on a per project basis.
- Access to and use of information:
- AWTINC receives various types of information / data from Users who access AWTINC digital platforms and engage with AWTINC, or its staff, agents or supplier via digital methods. AWTINC takes every effort to protect Information and Data Subjects, including issuing policy to Staff and permanent Suppliers. In addition, information is stored at limited locations, and information is only made available on a need to access basis. AWTINC also has reasonable firewall and virus software on its own equipment.
- Despite reasonable steps and undertakings, it is possible for digital communications or data to be intercepted and/or stolen by criminals, and a User has to accept that the digital criminal environment and elements in cyberwarfare / cybercrime are ever evolving. Therefore, all Users / Client accept that privacy and Data Subject information cannot ever be 100% secure, and therefore the User / Client indemnifies AWTINC of any damages or loss, directly or indirectly, that may result from a data breach or digital crime of any sort.
- AWTINC explicitly refutes permission and usage to any 3rd party or external organizations to use its own people/staff/supplier or any technology, such as but not limited to: search bots, crawling technology, AI or algorithms, or software or Aps, to assess / process / index / review / copy / create reports / share content or details of our resources, with intent to prejudice our organization or staff, supplier, Users / agents in any way. Any 3rd party or external organization found to be guilty of such an offence is hereby notified that AWTINC reserves its rights as provided to us in terms of Law of South Africa to claim for losses, damages and costs.
- AWTINC has given Google.com and Facebook.com limited permission and access of AWTINC platforms for SEO and other Marketing purposes.
- Online Payments:
Should a User / Client offer / provide their bank / debit / credit card information / details via the AWTINC 3rd party online payment gateway, for the purpose of payment for a service or product, the User / Client indemnifies AWTINC of all losses or damage if the payment platform is breached / hacked / subject to cybercrime or a technical problem. AWTINC does not save credit card information on any of its own internal systems. No refunds or losses can be claimed from AWTINC. A User / Client can opt to do a payment via a direct EFT payment from their own bank platform to avoid this risk.
- AWTINC and its resources operate within the Republic of South Africa. AWTINC makes no representation that the Content / Platforms / Digital communications are appropriate for use in another country.
- A User may not use AWTINC resources and platforms in violation of South African law.
- The User consents to the jurisdiction of the Western Cape High Court.
- If any term is found by a Court to be invalid or unenforceable, that term is excised and the balance of the terms shall remain enforceable.
- AWTINC platforms and communications, as well as all content (current and future) are provided on an “as is” basis, and may include inaccuracies or typographical or technical errors despite AWTINC’s best intent. Therefore, AWTINC offers no warranty or representation as to the availability, accuracy (detail and processing), and ownership, competence of the platforms / content or digital communication. The User agrees not to hold AWTINC responsible for any direct or indirect, consequential or other damage of any kind whatsoever suffered or incurred, as a result of use or consumption of content.
- The User agrees to indemnify us against any claim or action brought against us which is caused by or arises from your use of the platform or your breach of these terms and conditions.
SECTION G: MANDATE AND FEE AGREEMENT – TERMS AND CONDITIONS•
MANDATE AND FEE AGREEMENT – TERMS AND CONDITIONS
For Clients / user who make payment to awinc.co.za and/or give instruction to act on their behalf.
The Consulter and/or Business (hereinafter collectively referred to as “the Client”) acknowledge and agree that:
- The Attorney is entitled to charge fees on the attorney and own client scale for professional services rendered, which fees will be calculated on a time basis in terms of an hourly rate charged by the respective Attorney dealing with the matter. The Client agrees to pay the attorney fees as set out in this agreement namely EX VAT unless specifically otherwise agreed at the following rate namely: Attorneys Anthony Wilton- R1750 per hour, Don Thinane R1 750, Montanna Das Neves R1 500 per hour and Robin Lund R150000 per hour, and/or
Any fixed fee arrangement as stated and/or agreed in writing dependent on the instruction. We reserve the right to tax our account at the above mentioned rates in the event that any fixed fee agreement is terminated and/or disputed for any reason whatsoever.
- The hourly tariff of the attorney shall automatically escalate annually from 1 February at the rate of 10% (ten percent) per annum.
- The attorney’s fees for services rendered and disbursements incurred will not be based on the applicable High Court or Magistrate Court tariff’s or on the tariff applicable in any other court. The Client is aware that it is entitled to engage the services of an attorney who may levy fees in accordance the applicable tariffs, but elect not to do so. The client specifically consents to such fees being charged and that same represents reasonable fee structure.
- The Client understands that there is a difference between party and party costs on the one hand and attorney and client costs on the other. Party and party costs are those, if successful, that the client will be entitled to recover from the other side whilst attorney and client costs are those as set out in paragraph 1 above, in terms of which the Client contracts the Attorney at his hourly rate, irrespective whether the Client is successful or not and whether the client is able to recover party and party costs from any other party.
- Disbursements will reasonably have to be incurred and the Client accepts responsibility to pay such disbursements to the Attorney on demand, which disbursements may include fees of service providers such as advocates, experts or assessors and sheriff’s fees, which the attorney may appoint in his sole discretion when he deems necessary.
- Disbursements in respect of traveling costs shall be charged at R3.98 per kilometer and the making of photocopies at the rate of R4 per page.
- All other disbursements shall be charged on the basis of the actual costs thereof.
Accounts, Invoices and Statements
- The Attorney is entitled to render interim accounts in respect of fees and disbursements (with a short cryptic description thereof) and will render a final account at the conclusion of the matter.
- In the event the Client requires a detailed specified account, and in the event the total of such detailed specified account being higher than the amount as set out in paragraph 8, the Client accepts responsibility to:
9.1. Pay such higher amount; and –
9.2. Pay the costs incurred in the preparation and drafting of such specified detailed account, which may include the costs of a costs consultant;
- In the event that the Client does not object in writing to an account, Invoice or Statement or request a specified detailed account, within 30(thirty) days of receipt thereof, it will be deemed that the Client has accepted the attorney’s account.
- All accounts, interim accounts, Invoices and or Statements are payable on presentation and will be regarded as adequate proof of any balance due at any specific time and shall be deemed to be a liquid document setting out a liquidated amount of money for purpose of any summary judgment application or provisional sentence proceedings.
- The Client acknowledge that the Attorney shall, from time to time, and at his discretion, be entitled to require the Client to pay a deposit to cover fees and/or disbursements and that such deposit shall be payable on demand.
- The Client authorises the Attorney to receive any moneys which may be due and payable to it or which the Attorney has recovered on behalf of the Client, and to recover there from any fees and disbursements owing to the Attorney, before any balance is paid out to the Client.
- The Client is aware that the Attorney may withdraw as attorney of record for good cause or cease all legal action in the event of the Client failing to pay the fees and disbursements due in terms of this agreement. In this event the attorney shall be entitled to retain all documentation in his possession, whether prepared by him or not, until the full amount outstanding in respect of fees and disbursements is paid.
- In the event that it becomes necessary to institute legal action for non-payment of the account, the Client will be liable for the costs of such legal action on the scale as between attorney and own client, including interest, collection commission and tracing charges.
- This document is an instruction to render professional legal services and may be terminated by way of written notice by either party.
- The Consulter and Business choose their domicilium citandi et executandi for purpose of service of all legal notices and documents including summons and place of execution as their respective addresses set out on the face of this agreement.
- SURETY: Should the Consulter sign this document on behalf of a Business or a Business to be formed, and should such business or business to be formed fail to comply with its obligations in terms of this agreement, the Consulter shall be deemed to be personally liable for the payment of the account and signs as surety and co-principal debtor with the Business.
- In the event that summons is instituted due to non-payment of account, the Client agrees that the professional services rendered were rendered or deemed to be rendered within the jurisdiction of the Germiston Magistrate Court and the Client consents to the jurisdiction of the Magistrate Court notwithstanding that the amount of any claim exceeds the jurisdictional limit of the Magistrate Court.
- The Consulter consents to an Emoluments Attachment order being granted in terms of Section 65J(d) of the Magistrate Court Act 32 of 1944 in the event of failure to pay any outstanding legal fees. The Consulter agrees that payments in terms of the Emoluments Attachment order be deducted by way of 6 (six) equal monthly payments, which deductions will, until the contrary is proved, be deemed reasonable and affordable by the Consulter.
- This agreement constitutes the whole agreement between the Attorney and the client and no amendment hereto will be of any force or effect unless reduced to writing and signed by the Attorney and the Client.
END OF T&C’s
END OF T&C’s