TERMS OF SERVICE: MHM Attorneys
Effective Date: 01 April 2025
1. INTRODUCTION
1.1. These terms and conditions, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses any one or more of the Services made available on the Website, accesses, refers to, views any information or material made available on it for whatever purpose (hereinafter referred to as (“User”, “you” or “your”).
1.2. The Website is operated and/or owned by MHM Attorneys (hereinafter referred to as “MHM Attorneys”, “we”, “our” or “us”).
1.3. Any reference to us in these Terms includes all our affiliates, subsidiaries, associates, and each entity’s officers, directors, agents, partners, employees, representatives, shareholders, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers, and suppliers.
1.4. These Terms are binding and enforceable against all persons that access the Website or any part thereof or make use of any content on the Website in terms of Section 11 of the ECTA.
1.5. By signing up for, or otherwise using the Website on or after the Effective Date, shall expressly signify that you have read, understand, accept, and agree to be bound, and are bound, by these Terms, in your personal capacity and for and on behalf of any entity for whom you use the Website for.
1.6. MHM Attorneys reserves the right to alter these Terms at any time. The User will be responsible for reviewing any such changes each time the User accesses the Website and their continued use of the Website after the changes have been posted to the Website shall constitute an unconditional acceptance of the Terms as amended.
1.7. The User acknowledges and accepts that the Website may become unavailable from time to time due to various circumstances, including technical failure or problems with the Website; technical failure or problems with third-party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the reasonable control of MHM Attorneys, in which case there shall be no claim whatsoever arising against MHM Attorneys.
2. DEFINITIONS AND INTERPRETATIONS
2.1. In these Terms, unless the context indicates otherwise, the terms below shall be defined and interpreted as follows:
2.1.1. “Client” shall mean a natural or juristic person who completes internal Know Your Client forms and signs our engagement letter.
2.1.2. “Confidential Information” shall mean all documents, software, personal information as defined by the Protection of Personal Information Act 4 of 2013, data, records, forms, and other information you give to us to perform the Services;
2.1.3. “ECTA” shall refer to Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;
2.1.4. “Disbursements” shall mean non-professional fees such as traveling, photocopying, printing, third-party costs such as couriers and communications;
2.1.5. “Services” shall mean the services outlined on the Website;
2.1.6. “Website” shall mean www.mhmattorneys.co.za or any associated hyperlink;
2.1.7. “Party” or “Parties” shall mean MHM Attorneys and/or the User as the context implies; and
2.1.8. “User” shall mean any person who visits or interacts with the Website.
2.2. Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding the same as if it were included as a definition in terms of this clause.
2.3. References herein to the singular include the plural and vice versa.
3. WHO WE ARE
3.1. MHM Attorneys is a boutique law firm based in Johannesburg that provides corporate commercial legal services to entrepreneurs and individuals.
4. PROFESSIONAL DUTY
4.1. We will perform our Services to you with reasonable professional skill and care.
5. CONFIDENTIAL INFORMATION
5.1. We will keep all your Confidential Information confidential while performing the Services to you. We will not disclose your Confidential Information to any third party unless agreed to in writing. However, this does not apply to your Confidential Information that:
5.1.1. Is in the public domain; or
5.1.2. we received from a third party without restriction and without a breach of a duty of confidentiality; or
5.1.3. we are required to disclose by the law; or
5.1.4. we are required to disclose to our insurers and legal advisers; or
5.1.5. information we independently developed.
5.2. You shall keep any information we share with you that is confidential in nature and shall not share our Confidential Information with any third parties.
6. DATA PROTECTION
6.1. You give us permission to process your information to perform the Services. We will process your information in accordance with our privacy policy attached to our Website.
7. FEES AND DISBURSEMENTS
7.1. We charge an hourly rate for all our professional legal services. Our hourly rates are exclusive of value-added tax and Disbursements. Travel costs are at the Automobile Association costs. We do however charge fixed rate fees for startups and companies that have been operating for less than 8 months. Upon your request, we will send you a quote for your acceptance.
7.2. We require an upfront deposit payment of 50% (“Deposit”) from our Client prior to performing any professional legal services. The Deposit shall be made into the MHM Attorneys Trust Account, the details of which will be provided to you.
7.3. The Deposit is kept in the MHM Attorneys Trust Account and shall be credited to our final invoice to you. As your matter progresses, resulting in a reduction of the Deposit, it may be necessary to top it up. In such event, we will notify you.
7.4. If a matter becomes litigious, that is, it must go to court, arbitration, mediation, or a tribunal, we shall appoint an advocate to argue such matter, whether it is actions and/or applications. For this reason, you may be required to provide us with a deposit equal to at least 2 (two) days of the advocate’s fees, should we appoint one.
7.5. We will provide you with a monthly tax invoice detailing all time spent on your matter and any Disbursements incurred. If invoices are not paid on presentation, then we reserve the right to cease work on your matter/s until such time that you make the payment as per the tax invoice.
7.6. We charge interest on all amounts outstanding that are older than 30 days from the date of presentation of our invoice. The interest will be charged in accordance with the maximum rate of interest allowed by the Prescribed Rate of Interest Act 55 of 1975 (as amended from time to time).
7.7. Further payment terms will be set out in our engagement letter.
8. LIABILITY
8.1. In the event of any liability claims that may arise because of the Services we have provided to you, the maximum liability of MHM Attorneys or any of its director, senior associate, or employee, in respect of direct economic loss or damage you may suffer, shall be limited to two times the fees charged and paid for the matter to which the economic loss or damage relates.
9. TERMINATION
9.1. Either Party may terminate these Terms by giving a 30-day written notice to the other party. However, this action will not relieve you of the responsibility to pay our fees or Disbursements that have already accrued. We will have the right to terminate these Terms and may discontinue providing legal services if you misrepresent or fail to disclose any material facts during our performance of the Services.
9.2. These Terms will automatically terminate upon us sending you a final invoice for Services performed.
10. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
10.1. Access to the Services, software, and any downloads available from the Website may be classified as “electronic transactions” as defined in terms of the ECTA and you therefore may have the rights detailed in ECTA. Accordingly, MHM Attorneys provides the following information:
10.1.1. The full name and legal status of the Website owner: MHM Attorneys;
10.1.2. Physical address for receipt of Legal Services: West Tower 2nd Floor, Nelson Mandela Square, Maude Street, Sandton 2146
10.1.3. Main business: professional legal services;
10.1.4. The Website address of MHM Attorneys is: https:///www.mhmattorneys.co.za
10.1.5. The official e-mail address of the MHM Attorneys Website is: info@mhmafrica.co.za
Access to and use of the MHM Attorneys Website is provided free of charge;
10.1.6. Users may lodge complaints concerning the Website: info@mhmafrica.co.za
11. GENERAL PROVISIONS
11.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements concluded and to be performed entirely within South Africa.
11.2. This Website is controlled, operated, and administered by MHM Attorneys from its offices within the Republic of South Africa. MHM Attorneys makes no representation that the content of the Website is appropriate or available for use in other locations or countries.
11.3. MHM Attorneys does not guarantee continuous, uninterrupted, or secure access to our services, as the operation of our Website may be interfered with because of several factors that are outside of our control.
11.4. If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
11.5. MHM Attorneys’ failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
11.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of MHM Attorneys.
11.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
11.8. Any amendment or termination of these Terms will not be binding on the both of us unless set out in writing, expressed to amend these Terms, and signed by authorised representatives of each of us (which excludes all forms of writing or signature as contemplated in section 13 as of the Electronic Communications and Transactions Act 25 of 2002).
11.9. These Terms set forth the entire understanding and agreement between the Parties with respect to the subject matter hereof.