Terms of Service
Governing your engagement with Thwala Attorneys and our website.
Last Updated: May 31, 2025
1. Introduction and Acceptance of Terms
Welcome to the Thwala Attorneys website. These Terms of Service ("Terms") set out the legally binding agreement between you and Thwala Attorneys ("we," "our," or "us") concerning your use of our website and, where applicable, the general conditions pertaining to your engagement of our legal services.
By accessing, Browse, or using our website, or by engaging us for legal services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our website and from engaging our services.
2. Definitions
- • "Client" refers to any individual, company, or legal entity that formally engages Thwala Attorneys for legal services, following the signing of an engagement letter.
- • "Engagement Letter" or "Mandate" refers to the formal written agreement, signed by both Thwala Attorneys and the Client, which specifically details the scope of legal services, fees, and other terms pertinent to a specific legal matter.
- • "Services" encompasses all legal advisory, representation, and related services provided by Thwala Attorneys to our Clients, as defined in an Engagement Letter.
- • "Website" refers to the official Thwala Attorneys website, including all its content, features, and functionalities.
- • "You" or "Your" refers to the user or visitor of our Website, or prospective and current Clients of Thwala Attorneys.
- • "We," "Us," "Our," and "Thwala Attorneys" refer to Thwala Attorneys, a duly registered and practising law firm in South Africa.
3. Nature of Information on This Website
The content provided on the Thwala Attorneys Website is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and currency of the information, it is not tailored to your specific circumstances and should not be relied upon as a substitute for professional legal advice.
No Attorney-Client Relationship: Your use of this Website or communication with us through it (e.g., via contact forms) does not, in itself, create an attorney-client relationship. Such a relationship is formally established only upon the signing of a comprehensive Engagement Letter between you and Thwala Attorneys, which will specifically outline the scope of our mandate.
Professional Disclaimer: We disclaim all liability for any loss or damage, direct or indirect, which may arise from reliance on information contained on this Website. We recommend that you seek specific legal advice from a qualified attorney regarding your individual situation.
4. Engagement for Legal Services
4.1 Scope of Services and Engagement Letter
Our legal services are provided under the laws of the Republic of South Africa and are limited to matters within South African jurisdiction unless explicitly agreed otherwise. The precise scope of services, including the legal area, specific tasks, and duration of the mandate, will be meticulously defined and agreed upon in a formal Engagement Letter or Mandate. This document will constitute the primary agreement governing our attorney-client relationship.
4.2 Attorney-Client Relationship Formation
A formal attorney-client relationship is unequivocally established only when we have conducted all necessary conflict checks, agreed to represent you, and you have signed a valid Engagement Letter that has also been countersigned by a duly authorised representative of Thwala Attorneys. Preliminary discussions, website inquiries, or initial consultations do not, by themselves, create this relationship or impose any duty of care on Thwala Attorneys.
4.3 No Guarantee of Outcomes
While Thwala Attorneys is committed to providing diligent and professional legal services aimed at achieving the best possible outcomes for our Clients, we must advise that we cannot and do not guarantee specific results or outcomes in any legal matter. The outcome of legal proceedings depends on various factors, including the specific facts of the case, applicable laws, and the discretion of courts or tribunals. Past results achieved by our firm do not guarantee future success.
5. Client Obligations
As a Client of Thwala Attorneys, you are expected to fulfil the following obligations:
Provision of Accurate and Complete Information
You must provide us with all information, facts, and documents relevant to your legal matter truthfully, accurately, and completely. Any omission or misrepresentation may prejudice your case.
Timely Cooperation and Response
You commit to responding promptly to our requests for information, documents, instructions, or decisions to ensure the efficient progression of your legal matter.
Adherence to Payment Obligations
You are obligated to pay all agreed-upon fees, disbursements, and expenses as detailed in the Engagement Letter and as per our billing terms. Delays in payment may impact the progress of your matter.
Full Cooperation
You agree to cooperate fully and transparently with Thwala Attorneys in the handling of your legal matter, including attending meetings and hearings as required.
6. Fees, Disbursements, and Payment Terms
Our professional fees and billing arrangements will be comprehensively outlined in your Engagement Letter. We strive for transparency in our billing practices. Fees may be structured based on:
- Hourly Rates: Calculated based on the time spent by our legal professionals on your matter.
- Fixed Fees: Agreed upon for specific, well-defined services or stages of a matter.
- Contingency Fees: Where applicable and strictly permitted by the Contingency Fees Act, 66 of 1997, and other relevant legal provisions. This will be subject to a separate written agreement.
- Retainer Fees: An initial payment required to secure our services, which may be non-refundable or credited against future fees, as specified in the Engagement Letter.
Disbursements and Additional Costs: Please note that in addition to our professional fees, you will be responsible for all disbursements incurred on your behalf. These may include, but are not limited to, court fees, advocate's fees, expert witness fees, travel expenses, courier costs, and other administrative charges. These will be charged separately and accurately reflected in your invoices. All fees and disbursements are subject to Value-Added Tax (VAT) where applicable.
7. Confidentiality and Legal Professional Privilege
Thwala Attorneys is bound by strict ethical and legal obligations to maintain the confidentiality of all information shared by our Clients, as well as the principle of legal professional privilege. This means that communications between you and our firm related to seeking and providing legal advice are protected from disclosure to third parties, subject to limited exceptions. We will not disclose your confidential information except in the following circumstances:
- With your express written consent: We will obtain your explicit permission before sharing your confidential information with any third party, unless legally compelled.
- As required by law or court order: If compelled by a valid and enforceable court order, subpoena, or other legal process, or if required by any regulatory body with jurisdiction over us (e.g., the Legal Practice Council).
- To defend ourselves in legal proceedings: If it becomes necessary to disclose information to defend ourselves against allegations of professional misconduct or negligence made by you.
- To prevent serious harm: If we are permitted or required by professional rules or law to disclose information to prevent certain serious harm (e.g., imminent threat to life).
- For the purpose of the legal matter: As necessary to represent you effectively in your legal matter, which may involve sharing information with opposing parties, courts, experts, or other relevant third parties, strictly in accordance with your instructions and legal professional privilege.
For more details on how we handle your personal information, please refer to our Privacy Policy.
8. Intellectual Property Rights
All content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software present on the Thwala Attorneys website, is the exclusive property of Thwala Attorneys or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, adapt, publish, display, distribute, or create derivative works from any content on our website without our express prior written permission. Any unauthorized use is strictly prohibited.
The Thwala Attorneys name and logo are trademarks of Thwala Attorneys. Any other trademarks appearing on this Website are the property of their respective owners.
9. Limitation of Liability and Website Disclaimer
9.1 Website Use Disclaimer
The Thwala Attorneys website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of this Website or the information, content, materials, or products included on this Website. To the fullest extent permissible by applicable South African law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this Website, its servers, or email sent from us are free of viruses or other harmful components.
9.2 Limitation of Liability for Services
To the maximum extent permitted by South African law, our liability to you arising from or in connection with the provision of our legal services, whether in contract, delict (tort), or otherwise, shall be limited to the amount of professional fees actually paid by you to Thwala Attorneys for the specific services giving rise to the claim.
We shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from your use of our website or engagement of our services, even if we have been advised of the possibility of such damages.
We shall not be liable for any damages or losses arising from:
- Your reliance on any information or content provided on our Website without seeking formal legal advice.
- Any third-party actions or omissions, including those of service providers or other parties involved in your matter.
- Events beyond our reasonable control (force majeure).
10. Termination of Services
10.1 Client Termination
You may terminate our legal services at any time by providing us with written notice, subject to the terms outlined in your Engagement Letter. Upon termination, you remain responsible for the payment of all professional fees, disbursements, and expenses incurred up to the effective date of termination.
10.2 Attorney Withdrawal
Thwala Attorneys reserves the right to withdraw from representation in a legal matter as permitted by the Rules of the Legal Practice Council and applicable law. Grounds for withdrawal may include, but are not limited to, non-payment of agreed-upon fees, a breakdown in the attorney-client relationship, lack of client cooperation, or where continuing representation would result in a conflict of interest or violate professional ethics. We will provide reasonable notice and assist with the orderly transfer of your file.
11. Complaints and Dispute Resolution
We are committed to providing high-quality legal services. If you have any concerns or complaints regarding our services, we encourage you to contact us directly in the first instance to allow us to address your concerns promptly and effectively. Please direct your complaint to our **Information Officer** (as defined in our Privacy Policy) or to the partner responsible for your matter.
Should your complaint not be resolved to your satisfaction, you have the right to lodge a formal complaint with the **Legal Practice Council (LPC)**, the statutory body that regulates the legal profession in South Africa.
Legal Practice Council Contact Details:
Website: www.lpc.org.za
Physical Address: ProcForum Building, 123 Paul Kruger Street, Pretoria
Email: info@lpc.org.za
Telephone: +27 (0) 87 357 0060
12. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the **laws of the Republic of South Africa**.
Any disputes arising from or relating to these Terms or your use of our Website or services shall be subject to the **exclusive jurisdiction of the South African courts** located in Gauteng. By using our website or engaging our services, you irrevocably consent to the jurisdiction of these courts.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or unenforceability of any other provision.
14. Entire Agreement
These Terms of Service, together with our Privacy Policy and, for clients, the specific Engagement Letter, constitute the entire agreement between you and Thwala Attorneys regarding your use of our Website and engagement of our services, superseding all prior discussions, agreements, or understandings, whether written or oral.
15. Changes to These Terms
We reserve the right to revise and update these Terms of Service at any time, at our sole discretion. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date at the top. We encourage you to review these Terms periodically to stay informed of our policies. Your continued use of our Website or engagement of our services after any revisions signifies your acceptance of the updated Terms.
16. Source Code and Portfolio Usage
⚠️ IMPORTANT NOTICE: While Thwala Attorneys' source code is publicly visible on GitHub for portfolio demonstration purposes, it remains the exclusive intellectual property of PixieStack.
Permitted Uses
The source code is made available ONLY for:
- Educational and reference purposes.
- Portfolio review by potential employers or clients.
- Learning and inspiration for other developers.
- Personal study and skill development.
Prohibited Uses
The following actions are STRICTLY PROHIBITED without explicit written permission:
- Commercial use of any portion of the code.
- Reproduction or distribution of the code.
- Creating derivative works based on the code.
- Using the code in your own projects (commercial or personal), including portfolios.
- Claiming ownership or authorship of the code.
- Removing or altering copyright notices.
⚖️ Legal Action
Any unauthorized use, copying, modification, or distribution of the source code will be considered a violation of intellectual property rights and may result in:
- Immediate legal action.
- Cease and desist orders.
- Claims for damages and legal fees.
- Criminal prosecution where applicable.
This code is NOT open source.