General Terms & Conditions

General

1. General

  1. These terms and conditions govern every situation in which The Community Schemes Advisory Inc renders professional legal services to you.
  2. No variation of these terms and conditions is effective unless we have agreed to that variation in writing. The terms “The Advisory”, “we” and “us” used in these terms and conditions means The Community Schemes Advisory Inc.
  3. Any dispute arising from any professional legal services rendered by The Advisory is subject to the laws of the Republic of South Africa. The courts of the Republic have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these terms and conditions.
  4. If any of these terms and conditions are found to be unenforceable, the remaining terms and conditions remain effective. Any queries in regard to any professional legal services offered by The Advisory may be addressed to info@theadvisory.co.za.

2. Your obligations

  1. By using any professional legal services offered by The Advisory in any way, you agree to comply with and be bound by these terms and conditions. Please review these terms and conditions carefully. In addition, you are representing that you are over the age of 18 and are legally entitled to enter into contracts. If you represent a community scheme, managing agency or any other juristic personality, you are warranting that you are duly authorised to contract with The Advisory. 
  2. It is a requirement that the mandate form, sent to you with the quotation, is signed before any professional legal services are rendered.
  3. It is your responsibility to provide complete and accurate information, and documents when we request any of these from you. If you fail to do this, the quality of our work will be negatively affected. We will not be responsible for any consequences that may arise from any delay caused by you, or your failure to provide information or documents requested by us.
  4. You agree to receive communications from us electronically on the email address you provide for this purpose and agree that it is your responsibility to ensure that this address remains current, or to advise us of a replacement address during the course of the service. We will communicate with you primarily by email, any other methods of communication will be at the discretion of The Advisory. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. You must make all payments, either by way of a direct transfer into the The Advisory banking account, the details of which are reflected at the foot of each invoice, or by credit card payment by providing your details to an authorised representative of The Advisory. 
  6. Unless otherwise agreed in writing, all invoices will be rendered electronically only. If for any reason, we render services prior to payment, interest at 2% above the prime interest rate charged by First National Bank Ltd, compounded monthly in arrears, will be due and payable on invoices that remain unpaid for more than 30 days.
  7. In requesting a quotation, you are considered to confirm that all information and particulars provided by you to us (in whatever form) are true, correct and accurate to the best of your knowledge, and you indemnify us for all losses and damage resulting from your providing false or inaccurate information.
  8. Any quotation provided by us to you is subject to change until you accept it, by paying it in full, is subject to correction of errors (clerical, typographical or otherwise) and omissions, and is confidential. If you instruct us to proceed and later change your mind, we reserve the right to claim from you all wasted costs incurred.
  9. If we draft documents for you, it is your responsibility to check all particulars in those documents as soon as possible and advise us within three working days of any aspects that are incorrect. We will amend the document as soon as possible, whether the error or inaccuracy is due to our error or not. If the error reveals that you gave us incorrect instructions or that your instructions have changed, we will quote you for the work required to adapt the document. If you fail to discover or notify us of any mistake, error or inaccuracy in a document we draft and proceed to sign or publish it to any third party, any subsequently discovered error or inaccuracy will not be considered to be due to our fault, negligence or mistake.

3. In the event of a cancellation:

  1. Notice of the cancellation is required at least 24 hours before the consultation. The client will then have the option to reschedule a new date and time for the consultation or be refunded in full.
  2. Should the cancellation be made within 24 hours of the scheduled consultation, there will be an additional administration fee charge of 10%. If the client wishes to reschedule the consultation, the administration fee would need to be paid prior to confirmation of the new date and time of the consultation. If the client wishes to be refunded, the refund would be the consultation rate minus a 10% administration fee.

4. Our obligations

  1. All of the information submitted by you that is not publicly available will be treated as confidential. We will not investigate the truth of any accusations or alleged facts you give us before providing our advice. Therefore, the truth of any statement made by you will be taken for granted and we will not be responsible or liable for any action taken by a third party against you.
  2. We will do our best to furnish advice or opinions, taking into account the agreed priority of the matter, as soon as possible by no later than 15 business days after we receive payment (either once proof of payment is received by us or we process your payment by credit card), answers to our follow-up questions, and any required documentation. If we are unable to meet our original expectations for a delivery date, we will advise you as soon as possible after this becomes evident.
  3. Advice and opinions given by us are given in good faith on the basis of the information provided for this purpose. Neither we nor any person who provides legal advice or drafts an opinion is liable to you or to any third party for any factual or legal errors made in good faith.
  4. Our legal advice and opinions are given for your information. You are entitled to publish our opinions and advice to third parties, but our legal relationship is only with you and only you are entitled to rely on our legal advice. We reserve the right not to enter into correspondence with third parties in regard to any advice we have given you.
  5. Our liability to you, in respect of any loss or damage that may be suffered by you arising from any professional legal services rendered by us (whether arising under contract, delict, strict liability or otherwise, and whether or not the services have been terminated), excludes liability for any consequential, exemplary, extrinsic, indirect, incidental, punitive, pure economic or special loss or damage of any kind, is limited to direct damages only, and is limited to the total amount of the fees paid by you in connection with the services rendered in any particular instruction. We are not liable for any loss or damage that results from something you do or fail to do (such as giving us the wrong information or not giving us information at a time we ask for it).
  6. The law can be applied to facts and interpreted in different ways and therefore the opinions provided by us are our views on how the law should be interpreted by an independent judge, arbitrator, adjudicator or other person who applies it to the facts and documents you provide to us. We do not guarantee our opinions or give any representation, warranty, or indemnity with regard to them.
  7. We are not obliged to quote on, or to give, any requested advice or opinion. If, after agreeing to perform a service, we decide that we are no longer willing or able to do so, we reserve our rights to terminate the contract on notice to you via email, in which case you will be entitled to a refund of payment made for that service but you will not have any other claim whatsoever against us.
  8. If a completed or executed document cannot be used for the purpose for which it was designed due to our error and provided you inform us of this within three days from the date it was sent by email, we will give you a full refund within 30 days of being notified or prepare a fresh document for you at no charge. This is the limit of our liability to you, and you waive all other rights you may have against us at law or otherwise.

5. Consultations

  1. We do not undertake instructions on a contingency fee basis.
  2. When consulting with groups of people, the quoted amount may vary as additional time may be required for the consultation.
  3. Any consultation held outside of our office in Cape Town will be quoted on a case-by-case basis and will include travel time and disbursements, this is applicable for all areas within South Africa.
  4. We reserve the right to charge double our hourly rate for consultations or meetings held outside of our office hours, Monday to Friday – 8 am to 5 pm.
  5. Our turnaround time for any written opinion, including legal letters and concise confirmatory opinions, is 15 working days from receipt of payment and/or requested documentation and/or date of consultation.

6. Retainers

  1. Unless otherwise agreed, the following additional terms and conditions will apply in regard to retainers:
  2. Should you not make use of the full retainer quoted and paid for, a refund can be issued, however, our standard hourly consulting rate of R2,200.00 incl VAT will be applied to time incurred.
  3. Unless otherwise confirmed by our consulting department, should the full retainer, quoted and paid for, not be used within 6 months from date of payment, the remainder of the retainer will be forfeited without further notice to you.
  4. Consultations will need to be scheduled, subject to the attorney’s availability.
  5. Meetings held outside of our office hours, Monday to Friday – 8 am to 5 pm, will be charged at double the retainer hourly rate.
  6. Meetings not held at our office will incur travel time and disbursements, which will be deducted from the retainer amount paid.

7. Urgency fees

  1. We reserve the right to quote an urgency fee for matters needing to be completed sooner than our standard 15-day turnaround time.
  2. When quoting the urgency fee we will confirm when the written instruction will be completed by, which is subject to the attorney’s availability.
  3. Once the quote has been accepted, by making payment, the attorney will attend to the instruction.
  4. The urgency fee will apply to any written opinion, legal letter and rule redraft.

Privacy & Security of Information

We respect your constitutional rights to personal privacy and privacy of communications.

Any private information (e.g. personal, credit card and contact numbers) provided by the users shall only be used for their own needs, will not be sold or made known to third parties without their consent or unless we are compelled by law to do so and will be kept in the strictest confidence.

Due to information travelling through the internet, we cannot guarantee the absolute security of the protection of your information, however, we undertake to ensure that all reasonable efforts are taken that any information provided by you remains protected from third parties.

Courses

REGISTRATION AND PAYMENT

  • Students must register online through The Advisory’s website.
  • Students registering for UCT Paddocks courses are required to submit their ID document or Smart Card before the start of the short course or workshop. This can either be done on registration or can be emailed to tim@theadvisory.co.za.
  • The short course or workshop fees can be paid by EFT or direct deposit.
  • University of Cape Town short courses and workshops run in conjunction with Paddocks, do not attract VAT on short course or workshop fees.
  • Any Paddocks UCT short courses and workshops will still include VAT as The Advisory is a VAT vendor.
  • The Advisory reserves the right to remove students from a short course or workshop if they have not made their payments by the dates specified.
  • Please note that unsettled fees or accounts of any nature owed to the University of Cape Town will result in a student being formally removed from the short course or workshop they are attending. Any payments made to The Advisory towards this short course or workshop will be refunded upon your removal.
  • Students will be notified by email and/or telephone when payments are due to The Advisory.

DISCOUNTS

The following discounts apply to all short courses:

  • If three or more students register together as a group, they will be entitled to a 5% discount, if this has been arranged with a staff member of The Advisory beforehand. Should one of the students cancel, the other two students will not receive a 5% discount on their short course or workshop fee.
  • No two different discounts will be applied to any given short course or workshop, as this is known as ‘double discounting’.

CANCELLATIONS

  • Registrations cancelled in writing before the closing date of registrations will qualify for a refund of the payment made, however, will be liable for a 10% cancellation fee (incl. VAT if applicable).
  • Registrations may not be cancelled after the closing date of registrations and students will be liable for the full short course or workshop fee.
  • The Advisory reserves the right to cancel a short course or workshop if there is insufficient demand. In this case, students will receive a full refund.
  • The Advisory reserves the right to cancel a students participation on a short course or workshop, and remove them entirely.

DEFERRED REGISTRATION

  • A student may request in writing that their participation be deferred to the next scheduled presentation of the course.
    • For all short courses longer than 8 weeks, this request may be made before module 3 is made available to the students.
    • For all short courses shorter than 8 weeks, this request may be made before module 2 is made available to the students.
  • Students who want to defer will need to pay a rollover fee of 50% (incl. VAT when applicable) of the short course fee.
  • If the course fee was paid for a student by their employer, their employer will also have to give written confirmation stating they are aware of and accept the terms of the deferral before we can process the deferral.
  • Please note that no credits will be awarded for assignments completed up until the time of deferral.
  • The Advisory does not guarantee that future presentations will be held. Any student who chooses to delay their participation in the course does so at their own risk.

COURSE AND WORKSHOP PARTICIPATION

  • Short courses and workshops are presented in English.
  • All courseware that is required for assessment purposes should be written by students in English. This includes posts made on the discussion forum.
  • The Advisory is not responsible for technical support for any external websites. Courses that require students to use external websites do so to achieve the best learning outcomes for the students. Students are required to contact the support services of the relevant external websites themselves.
  • For most UCT Paddocks short courses, interactive videos are provided in each module. These videos act as tutorials for the topics covered in that module and are not compulsory. Students will need Adobe Flash Player installed to view the video lectures available in each module.
  • Please note that if students are using a slower internet connection, attempting to view these videos may be troublesome. The videos are also downloadable for offline viewing. Students will not be penalised if they cannot watch the videos.
  • Students will only have access to the Course Instructor on the discussion forums. Course Instructors will not be available for queries by telephone or email.
  • Your Course Coordinator will guide you through the short course. They will email notifications every week to encourage you to stay on track with your learning, and to provide important short course reminders and information.
  • Each module has its own discussion forum, these forums are for you to interact with your Course Instructor, Course Coordinator, and fellow students. Your Course Instructor will be able to help clarify any content related questions on the forums.
  • The Advisory’s learning website is compatible with mobile devices, including smartphones and tablets.
  • Written assignments have to be read and completed in Microsoft Word only. No other word processing program is permitted.

COURSE ASSESSMENT

The following assessment criteria is applicable to most of the short courses:

  • A certificate of completion is awarded to students who achieve an overall mark of 50% or higher and have completed all requirements of the short course.
  • Every module includes an assignment that counts a certain percentage towards the final short course mark. The Course Instructor is required to mark students written assignments in the time allocated to marking. During this time, students will be required to submit further assignments. Any queries related to a student’s previous assignment that will affect the submission of the student’s next assignment should be asked on the module discussion forum.