Witz Inc Online Terms of Service & Privacy Policy
1. Introduction: Set out below are our Standard Terms and Conditions (“Terms”) which regulate the provision of our professional services (“Services”) to our clients (“you”, “your”, “yourself” and “client”) within our business relationship.
2. About Us: Witz Incorporated (“we”, “us”, “our” and “Witz”) is a law firm registered in Johannesburg, South Africa, Company number: 2012/029713/21. Our Registered Office address is 1st Floor, The Conservatory, 13 Baker Street, Rosebank, Johannesburg, 2196.
3. Consumer Protection Act Disclosures: If you are a consumer, as defined in the Consumer Protection Act we have a duty to point out certain important terms which may limit your rights, constitute an acceptance of a fact or otherwise be important. The clauses in these Terms that require specific consideration are clause 4 (acceptance), clause 7.2 (instructions), clauses 8.3 and 8.4 (legal advice), clause 11.5 (client money held in trust), clause 12 (third party providers), clause 14 (marketing), clause 17 (data privacy), clause 18 (disclaimer) and clause 20 (limitation of liability).
4. Acceptance: These Terms constitute a legally binding agreement between us. You may accept the terms of these Terms in one of the following ways: (i) by confirming your acceptance by way of email; (ii) by way of other electronic acceptance (including clicking the “Accept” button in the email sent to you); (iii) by signing the Terms and returning it to us; (iv) by making payment or depositing funds into our trust account; or (v) by your continued use of the Services. You represent and warrant that you have the right, authority, and capacity to enter into these Terms.
5. Term: These Terms shall commence immediately upon your acceptance (as detailed in clause 4 above) and shall endure indefinitely unless terminated by either of us, or unless certain Terms survive termination due to their nature, as provided for in these Terms, or as stipulated by law.
6. Application: These Terms shall apply to all matters in respect of the performance of our Services to you. By sending us instructions and/or by allowing us to start work you shall be deemed to request that we perform Services for you on the basis of these Terms. If we agree to perform any such Services then there shall be a contract between us and the contract shall be governed by these Terms. We shall not, however, be obliged to accept any matter from you. Each matter in respect of which we perform Services may at our option be treated as a separate contract between you and us.
7. Instructions:
7.1 We accept instructions by email, electronic messaging (WhatsApp, SMS, etc) or verbally. Where instructions are given verbally, we will make a written note of the instructions on the file which will form evidence of the instruction. You may be requested to confirm the instruction by return email. We rely on you to give us timely, clear, complete and accurate information and instructions. We accept no liability in respect of instructions which are late, unclear, incomplete, or inaccurate and additional charges may be incurred as a result of same.
7.2 If you are acting on behalf of an entity (a trust, company, partnership or any other entity) you hereby warrant and represent that you are entitled to instruct us on behalf of such entity. We are entitled to rely on any information and instructions provided by you accordingly.
7.3 In the absence of specific instructions, we shall assume we are instructed to take the minimum steps necessary to maintain rights. However, in the event that you become insolvent or enter liquidation or administration, or are in breach of any of these Terms, and/or have not supplied advance payment on account if requested, we reserve the right not to incur expenses in taking such minimum steps.
8. Legal Advice:
8.1 We will give you advice based on our understanding of the relevant statutes, case law and practice as at the time we give the advice. Subsequent changes in law and practice may affect the advice but we are not obliged to update advice in line with these changes, unless specifically requested by you to do so. We do not take any responsibility for any failure to advise or comment on any matter that falls outside the limitations of our engagement. In addition, we accept no liability for any advice in draft form.
8.2 Any advice we give will be based on the information you supply to us. We assume that all information supplied by you or on your behalf is true, complete, accurate, and not misleading to the best of your knowledge and belief. We shall not be responsible for any loss or damage arising from reliance on information supplied by you or on your behalf, or arising from any inaccuracy or other defect in any document or other information supplied by you or on your behalf.
8.3 Our advice is given to you for your sole benefit or for the benefit of your company. Our advice is given solely for the purpose of your instructions to which it relates. We accept no liability in relation to any other party relying on our advice without our prior written permission for them to do so.
8.4 For as long as we are instructed by you, you give us authority to complete and sign in your name such forms and other documents as are necessary or desirable to carry out your instructions. Save as outlined in these Terms, we will not act without your specific instructions. In agreeing to these Terms you agree to indemnify us in respect of all costs, claims, demands and expenses that may result from the exercise of that authority.
9. Professional Fees:
9.1 We know our charges are extremely competitive in our industry. We take a more practical approach to cost than most. Where possible, our fee structures have moved away from the traditional “billable hour” model towards a more client-friendly “project fee” model. This means that in certain non-contentious matters our clients are quoted an upfront fee for a defined scope of legal representation (or “project” as we refer to it)
which is tailored to your specific needs. Please ask the attorney representing you if it is possible to work on a project fee basis in your matter.
9.2 Any fees quoted for in writing will be subject to the terms and conditions provided for in such a quotation.
9.3 In all contentious matters or matters involving litigation and where no project fee is applicable or suitable (in our sole discretion) we work on a time basis. Our hourly rates are based on the seniority and experience of the professional staff concerned. Our charges are calculated at the rates that are current when the work is carried out. We reserve the right to review and adjust our pricing structure from time to time.
9.4 We invoice you for any hard disbursements (such as third party expenses, courier charges, costs of counsel etc) incurred on your behalf.
9.5 We may take the minimum steps necessary to maintain rights. We are entitled to charge you accordingly. In addition third parties contact us regarding our clients' rights and we need to report these to you. It is important that if you are no longer interested in continuing with your matter, you must instruct us accordingly in writing. In the absence of such instructions, we reserve the right to charge for expenses so incurred.
9.6 You authorise us to incur such expenses and disbursements as we consider reasonably necessary to provide the service instructed. These expenses may include patent and trade mark office fees, as well as those of third parties including advocates, sheriffs, local correspondents and couriers. You will be responsible for reimbursement of such expenses.
9.7 Where we are required to charge VAT, we will charge VAT in addition to any of the above amounts. Any specific arrangement in an engagement letter or other similar document that pertains to the applicable rate of the VAT (zero rate or the standard rate); is specifically incorporated into these Terms.
9.8 Estimates: If requested, we will give estimates of future charges. We will do so in good faith, based on our knowledge at the time, to assist you in budgeting your expenditure. Such estimates should not be viewed as fixed price quotations or binding upon us, unless we agree with you to the contrary.
9.9 Deposits: We may require you to make payments of up-front deposits, particularly in respect of matters involving significant amounts of work and disbursements. When we make such a request, we will usually not carry out any instructed work until the requested payment has cleared into our bank account. It is company policy to hold deposits in trust for all matters in which disbursements are to be incurred.
9.10 When we pay a disbursement on your behalf, the cost passed on to you is the disbursement cost converted into ZAR at the time the disbursement is incurred. We do not apply an uplift for paying foreign currency fees but we do charge an administration fee to cover dealing with the payment and bank charges.
10. Invoices and Payment Terms:
10.1 We may submit invoices to you on a regular basis (usually monthly or at appropriate stages in the conduct of a matter).
10.2 Unless otherwise agreed, our invoices are payable immediately on presentation.
10.3 We may charge interest on amounts outstanding up to the legally allowed rate and/or exercise a lien over any documents or monies we possess regarding bills that are not paid on time. Any payments are allocated to interest first, and then to capital charges.
10.4 You must pay all sums free of any costs, deductions or taxes and you are not entitled to withhold or set-off any amounts due to us, for any reason whatsoever.
10.5 If you inform us that you have decided not to proceed with your matter (at all or for the foreseeable future) we may submit our bill to you for all work undertaken.
10.6 Late Payments: If a requested payment on account is not made, or if an invoice remains unpaid after the payment terms stated on the invoice, we reserve the right to suspend all work on your behalf. This is without prejudice to our right to invoice for work undertaken before such suspension and to take legal action for the payment of our outstanding fees and costs. You will be responsible for the consequences of the suspension of work, which may include the irrevocable loss of, or failure to obtain, enforce or protect, rights or other damages or loss suffered as a result. Any costs incurred as a result of action taken in order to reclaim outstanding fees, such as administration or legal fees, will be added to the debt, in addition to the late payment interest, and will be payable by yourselves on demand. Should we need to proceed with legal action against you, you will be liable for our legal costs on an attorney and client scale.
10.7 If a discount has been allocated to your matter, if you fail to make payment of any outstanding balance of your account within 5 (five) days, the discount will no longer apply, and the full amount outstanding will become immediately due and payable.
11. Client Monies Held In Trust:
11.1 If we hold your funds on deposit, or if we have collected or received funds on your behalf, we will apply them to settle any outstanding accounts which you may owe to us.
11.2 Unless otherwise specifically agreed in writing, you will not earn any interest on funds we hold in our trust account, because we must pay any interest to the Legal Practitioners' Fidelity Fund established under the Legal Practice Act 28 of 2014 (“Fidelity Fund”).
11.3 If you specifically request us to invest funds that we hold on your behalf for a matter, you must complete our standard investment mandate. We will then invest those funds in an interest-bearing call account. You will then benefit from the interest earned, after deducting such percentage of the interest as accrues to the Fidelity Fund in terms of section 86(5)(b) of the Legal Practice Act (currently 5%).
11.4 These funds invested in terms of section 86(4) will not be covered by the Fidelity Fund if:
- the payment is not made for the purpose of investing such money on a temporary or interim basis only pending the conclusion or implementation of a matter or transaction which already exists or is about to start at the time the investment is made; and
- we do not exercise exclusive control over the account as trustee, agent, stakeholder or in any other fiduciary capacity.
11.5 We will not be liable for any loss you may suffer arising from:
- any act or omission of the banking institution concerned regarding any account;
- any inability, delay or failure of the banking institution to repay the funds on demand;
- the identity or choice of banking institution; or
- any interest or exchange rate fluctuation.
12. Third-Party Providers: You agree and understand that it may be necessary for us to use the services of third parties, including without limitation, other attorneys, advocates, foreign attorneys, interns, investigators, translators, law enforcement agencies, government authorities, regulatory bodies, cost consultants, tracing agents, couriers, the sheriff of the court, consultants, valuators, mediators, arbitrators, third party suppliers to us and any other party that we may reasonably deem necessary to provide the Services. You authorise us to instruct such third parties directly. Although we select the Third-Party Providers carefully (with your input if required or appropriate), we are not responsible for these third parties and have no control over their performance in any manner whatsoever. As such, we accept no responsibility for any loss, damage, expense, delay or any other harm (“Loss” or “Losses”) that you or your property may suffer in any manner whatsoever in relation to these third parties, including but not limited to partial or non-delivery of the Services; any Loss of business or business interruption; or any reputational damage suffered by you for any reason whatsoever. You fully indemnify and hold us harmless for any and all claims in this regard.
13. Retention of Records: Files will be stored for a period of seven (7) years from the date of the final invoice on a matter. Thereafter, unless separate arrangements have been made, Witz may destroy the documents without any prior notice to you. If you request us to retrieve any documents from storage, you will pay our reasonable costs, including the cost of retrieving the file from storage, time spent reading such documents, writing letters or other work which we, acting reasonably, deem necessary, to comply with such a request. Witz shall be entitled to retain all documentation in its possession until such time as any and all amounts owing to Witz have been paid in full.
14. Marketing: You agree and understand that we may send marketing material to you from time to time, including special offers and promotions. You hereby consent to receiving these marketing materials.
15. Non circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier or in any other manner circumvent or attempt to circumvent these Terms.
16. Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Services, including any written agreements, letters, advice, emails, correspondence and any other materials (“IP”) are owned by us and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re- transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights and may render you liable to both civil and criminal sanction.
17. Data Privacy
17.1 Personal Information: As a result of the provision of the Services to you we will require you to provide us with certain personal information (as defined in the Protection of Personal Information Act (“POPIA”)) about yourself, your company and, if applicable, about other people and entities related to your specific matter (“Personal Information”).
17.2 Collection Of Personal Information: We may collect or obtain Personal Data about you
- directly from you;
- in the course of our relationship with you;
- in the course of providing the Services to you or your organisation;
- when you make your Personal Data public;
- when you visit and/or interact with our Website or our various social media platforms;
- when you register to use any of our legal and related services including but not limited to newsletters, and legal updates;
- when you visit our offices; or
- we may also receive Personal Data about you from third parties (e.g., law enforcement authorities and credit bureaus).
17.3 Purpose: The purpose for providing us with the Personal Information is:
- For us to perform the Services, which will include the sharing of your personal information with third parties (see clause 12);
- To comply with applicable law and fraud prevention;
- To communicate with you;
- To provide and receive support services;
- for security, administrative and legal purposes;
- To collect outstanding fees from you;
- To assist us in ensuring the security, integrity, and confidentiality of the Personal Information;
- To promote our Services from time to time;
- To improve, customise and optimise our Services;
- To enable us to conduct internal research and statistical analysis;
- To monitor clients use of our Services;
- To improve our understanding of the marketplace;
- For other activities or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our Services, our business activities, or such other purpose for which it was collected.
17.4 Roles: You are the data subject (as defined in POPIA) and we are the responsible party (as defined in POPIA).
17.5 Processing of Personal Information: We will restrict the processing of Personal Information to the extent necessary to provide the Services to you.
17.6 Storage: We store your Personal Information on -
- our premises, in the form of hard copies;
- the premises of third party service providers such as document storage service providers;
- our servers; or
- on the servers of our third party service providers, such as IT systems or hosting service providers.
17.7 Consent: You warrant that you are authorised to provide us with the Personal Information for purposes consistent with us providing our Services to you. You hereby consent to us processing the Personal Information for purposes consistent with these Terms.
17.8 Updating of Records: It is your sole responsibility to ensure that your Personal Information is up to date and accurate. We will, upon written notice from you, update or otherwise amend the Personal Information. You hereby indemnify us and hold us harmless from any and all claims, damages, losses, orders, penalties, fines, or other expense (including legal expenses) that may arise in relation to the accuracy or amendment of any Personal Information or any record.
17.9 Data Security: We are obligated to secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of Personal Information; and (ii) unlawful access to or processing of Personal Information. You acknowledge that you know and accept that technology is not absolutely secure and there is a risk that your Personal Information (including your Special Personal Information) will not be secure when processed by means of technology. We do not promise that we can keep your Personal Information and Special Personal Information completely secure. To the maximum extent permitted by law, you will not be able to take action against us if you suffer losses or damages in these circumstances.
17.10 Confidentiality: We agree and undertake to keep the Personal Information confidential and not to use or disclose the Personal Information for any reason other than as is necessary to provide the Services to you or as otherwise provided for in these Terms.
17.11 Data Breach: In the event of a data breach we will notify you and the Information Regulator (as defined in POPIA) without undue delay should we become aware of a breach affecting any of your Personal Information.
17.12 Cross-Border Transfer of Personal Information: You hereby consent to the transfer of the Personal Information outside of South Africa for any purpose related to the provision of the Services to you, including the storage of any personal information.
17.13 Disclosure: We may disclose the Personal Information in the following circumstances -
- As provided for in these Terms;
- Where we have your explicit written permission;
- As required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights;
- Where we reasonably believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of these Terms, or to protect rights, property, or safety of the Personal Information, the Customers, our customers or other users as required or permitted by law;
- We will take reasonable steps to ensure that contracts with third parties include requirements for those third parties to comply with the requirements of POPIA.
18. DISCLAIMER
18.1 We make no representations or warranties of any kind, express or implied, as to the provision of the Services, our website or the information, content, materials and products/services included therein as well as in relation to any third-party providers.
18.2 To the full extent permissible by applicable law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose of the Services. We do not warrant that the website, the servers, or e-mails sent from us are free of viruses or other harmful components.
18.3 We advise that our fees levied in terms hereof and disbursements incurred in connection herewith will not be based on the applicable High Court or Magistrates Court tariff but will be higher and will be calculated in accordance herewith. By accepting these Terms, you confirm that you are aware that you are entitled to engage the services of another attorney who may levy fees in accordance with applicable Court tariffs, but that you elect not to do so.
18.4 We further advise that there is a difference between party and party costs on the one hand and attorney and own client costs on the other. Party and party costs are those which if you are successful, you will be entitled to recover from the other party, and if you are unsuccessful, you may be responsible to pay to the successful party, whilst attorney and own client costs are those as invoiced to you by us and which you will have to pay
to Witz Inc irrespective of whether you are successful or not, and irrespective of whether you are able to only recover party and party costs from any other party.
18.5 Where applicable, we will endeavour to recover as many of your costs as possible from your debtor but we cannot guarantee recovery of the capital, interest or the costs. As our client, to whom we are rendering legal services, we invoice you on a regular basis for all of our charges and disbursements, which invoices are payable upon presentation. We also cannot guarantee exactly what the legal process will cost you. It is very difficult to estimate the total legal costs to be incurred as we do not know if your debtor, where applicable, will oppose the legal action. If it does, it becomes more expensive and will take longer to finalise. We can, however discuss and re-evaluate the costs, the risks and the commercial feasibility of proceeding, before each new step in the legal process is initiated.
19. FINANCIAL INTELLIGENCE CENTRE ACT, NO 38 OF 2001 (“FIC ACT”).
19.1 By accepting these terms, you agree that you are aware that we are an accountable institution for purposes of the FIC Act. The FIC Act is designed to counter money laundering and requires us, as attorneys, to establish and verify the identities and addresses of our clients. You agree that you will comply with our reasonable requests for the requisite information and supporting documentation in this regard.
19.2 You are also informed that in certain instances we are required in terms of the FIC Act to report certain transactions, including, but not limited to, suspicious, unlawful and unusual transactions and whilst all our communications are at all times treated with the utmost privilege and confidentiality, same may be overridden by our duty to report and neither Witz nor any director nor employee of our company shall be liable for anything done in good faith in terms of or in furthering the objectives of the FIC Act.
19.3 You agree that attorneys are obliged to ensure that the FIC Act is strictly complied with and that we have no discretion in this regard.
20. INDEMNITY AND LIMITATION OF LIABILITY
20.1 We shall not be liable to you for any failure or delay or for the consequences of any failure or delay in performance of your instructions if it is due to any event beyond our reasonable control including, without limiting the generality of the foregoing, war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods, acts of God, any infectious or communicable disease (whether asymptomatic or not), virus, bacterium, parasite and/or microorganism, any epidemic, pandemic or health emergency declared or classified as such by the World Health Organization or any national, regional or local governmental authority, industrial disputes, protests, storm, explosion, national emergencies, acts of terrorism and failure of third party telecommunications and computer systems.
20.2 We shall not be liable to you in any circumstances for any loss, damage, cost, or expense arising from any dishonest, deliberate, or reckless misstatement, concealment, or other conduct on the part of any other person.
20.3 We shall not be liable for loss of profits or savings or any indirect or consequential loss or damage suffered by you or any other person arising from or in connection with our Services.
20.4 Your contract is with Witz Incorporated. The employees of Witz Incorporated have no individual liability to you.
20.5 When we send any warning communication on behalf of you to a third party, you hereby indemnify us against any claims for making any unjustified threat of infringement or alternative legal proceedings.
20.6 As far as the law allows, our aggregate (total) liability (of any nature) to you, or any third party, will not exceed the proceeds of any professional indemnity cover we actually receive or that our insurers pay to you. If there is no professional indemnity cover or no proceeds from such professional indemnity cover are received by us or paid to you, then we will incur no liability to you in any manner whatsoever. The provisions of this clause shall continue to apply notwithstanding the termination of our engagement for any reason.
20.7 You agree that no individual who is a partner, director, employee or agent of, or consultant to us, accepts or assumes responsibility to you or to anyone else for Services we provided to you. This applies even if you granted them a direct power of attorney (for example, to represent you in litigation);
20.8 You hereby agree that you will not bring (or cause) any claim in connection with the Services we provide you whether on the basis of contract, delict (including negligence), breach of statutory duty or otherwise directly, against any of our individual partners or directors or against any of our employees, agents or consultants;
20.9 You hereby indemnify us against any claim made against us by:
(i) any of your subsidiaries, associates, affiliates or shareholders which may not have signed an engagement letter on these Terms or substantially similar terms and for whom we perform a mandate; or
(ii) any third party to whom you disclose our advice, unless we provide our written agreement for that third party to be able to rely on our advice to you.
21. GENERAL
21.1 Notice: Any notices you wish to send us must be via email to info@witzinc.co.za. You agree that any notices (including documents and legal process) we send to you may be sent via email or other electronic means. You also agree that electronic communications (including email, SMS and communication via our software) shall be considered to be “in writing”.
21.2 Termination: Either Witz Inc or you may terminate our mandate in whole or in part at any time and for any reason whatsoever, subject to a reasonable notice period determinable in the circumstances of the termination and the context of the relevant instruction.
21.3 Upon termination, all invoices and fees become immediately due and payable.
21.4 Place and time of Agreement: These Terms shall be deemed to have been entered into in Johannesburg at the time of your acceptance as provided for in clause 4 or your continued use of the Services, whichever is the earlier.
21.5 Jurisdiction and Choice of Law: These Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
21.6 Severability: Notwithstanding that any provisions of these Terms may be deemed to be illegal or unenforceable, the remaining provisions of this agreement shall continue to be of full force and effect.
21.7 Whole Agreement: These Terms constitute the entire agreement between us.
21.8 Cession and Assignment: We shall be entitled to cede or assign any of our rights, or delegate any of our obligations in these Terms (or any part thereof) without prior notice or consent.
21.9 Variations: No agreement to vary, add to or cancel these Terms shall be of any force or effect unless recorded in writing and signed by or on behalf of all of the Parties.
21.10 No Waiver: The failure by either of us to enforce any provision of these Terms shall not affect in any way that party’s right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
21.11 Remedies: No remedy conferred by these Terms is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy by a party shall not constitute a waiver by such Party of the right to pursue any other remedy.
21.12 General Co-operation: The parties shall co-operate with each other and execute and deliver to each other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of these Terms.
21.13 Electronic Communications: You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages via the software or electronic devices. 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.
21.14 Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name: Witz Inc
Physical address and address for receipt of service:
1st Floor, The Conservatory, 13 Baker Street, Rosebank, 2196
Telephone no.: +27 11 010 0400
website address: www.witzinc.co.za
Email address: info@witzinc.co.za
Registration number: 2012/029713/21
Country of incorporation: South Africa
21.15 Relevant POPIA information:
Information Officer: DANIEL JOSEPH WITZ
Information Officer Email: info@witzinc.co.za / daniel@witzinc.co.za
Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact us first to discuss any questions or concerns you may have:
Website: https://www.justice.gov.za/inforeg/
Tel: 012 406 4818
Email: inforeg@justice.gov.za
21.16 Signature:
- These Terms are signed by the parties on the date of acceptance (as indicated above) and shall be deemed to be signed at Johannesburg;
- These Terms may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement as at the date of signature of the Party last signing one of the counterparts;
- The persons signing or otherwise agreeing to these Terms in a representative capacity warrant their authority to do so;
- The parties record that it is not required for these Terms to be valid and enforceable that a party shall initial the pages of these Terms and/or have its signature of these Terms verified by a witness.