Important notice: No new members will be accepted from 1 December 2023. The Member Terms and Conditions below further expire on 31 December 2023 to give LWS time to assess lawyer needs and renew membership benefits and fees. If you want to stay connected for updates, you are welcome to list your law firm free here: https://lawyersworkingsmart.co.za/law-firms-list-free/
LAWYERS WORKING SMART (LWS, previously known as LWFH)
MEMBER TERMS AND CONDITIONS
entered into between Members (lawyers) and LWS
LWS is the leading membership website for SA lawyers, supported by social media, which supports lawyers to market themselves, connect with new leads and grow their legal practices and competence.
These Member Terms and Conditions should be read together with the standard User Terms and Conditions of the LWS Website which you accepted upon accessing and using the LWS Website. The terms for definitions provided in the User Terms and Conditions also apply here and have the same meaning in this LWS Agreement. If you are not sure about the meaning of any term or the provisions which apply to use the LWS Website, please read the standard User Terms and Conditions.
The purpose of these Member Terms and Conditions is to conclude an additional LWS contract between LWS and you as Member in which LWS undertakes to provide LWS benefits in consideration for payment of a monthly membership fee for a term you chose.
LWS and the Member agree as follows:
1. Membership options
Your membership option depends on the term which you commit to and determine your membership fee. Below are the membership options, fees, terms and benefits:
|LWS Membership Benefits during term
|Option 1: R350 pm x 12 months
|Option 2: R500 pm x 6 months
|Option 3: R650 pm x 3 months
|Option 4: R800 once off
|1. Publish lawyer profile on LWS website, which you can edit or update any time
|2. Marketing (post and boost) your lawyer profile on LWS social media platforms
|Includes design of customised advertisement once off
|3. Option to respond to monthly email leads (generated by Google for members)
|4. Option to attend live Zoom Group Coaching or Training sessions hosted by LWS for free
|5. Option to publish blog (min 300 words) monthly on LWS website and social media pages (with link back to lawyer profile)
|6. Option to access sponsor offerings for lawyers (Eg R350 discount on first LawyerFirst coaching session)
|7. Option to list law firm free on LWS website
|8. Option to join exclusive LWS WA Group
|ZAR Total for term
Note: These membership options will be effective as soon as our website provides for these options and by latest 1 March 2023. For members who joined prior to 1 March 2023 @R350 pm on month to month basis, and desires to commit to Option 1, the 12 month term will be calculated from 1 January 2023.
2. Term of this contract:
2.1 This contract will commence on the date of your first successful membership fee payment and will endure for the term which you committed.
2.2 The contract will automatically renew for a further same term, unless there is a change in Membership fees or you give 30 (thirty) calendar days written notice to not renew the contract. Written notices in terms of this contract may be sent to LWS via email to firstname.lastname@example.org or WhatsApp 067 426 7141.
2.3 In the event that you require early termination of your membership, for any reason, and will not continue monthly payments, a cancellation fee will be payable. The cancellation fee will be calculated as follows: R350 x amount of months left of your term.
3. Payment terms:
3.1. LWS aims to make payment easy for Members. Membership fees are paid monthly by the Member to LWS in accordance with the payment method prescribed by LWS which are recurring bank card transactions (credit/cheque card payments) via PayFast on the LWS Website (preferred) or monthly EFT payments on special request.
3.2. The first payment will be actioned and due upon completing the application process on the LWS Website and accepting these Member Terms and Conditions authorising your payments.
3.3. The Member understands and authorises that LWS will automatically collect the membership fee from your nominated bank account. The withdrawals will be processed through a computerised system provided by your South African bank and the details of each withdrawal will be printed on your bank statement and you will receive an automated invoice (Xero generated) from LWS via email for your accounting records.
3.4. The Member acknowledges that the payment method is facilitated by third parties, namely PayFast (full details and terms for use at www.payfast.co.za) and the South African banks, all of which use strict encryption and security systems and are authorised to provide such financial services to the public. The Member authorises PayFast and their bank to act in accordance with their payment instruction herein.
3.5. The Member understands that, as the payment method is outsourced to third parties, LWS is not in control of the payment method and cannot be held liable for any claim as a result of losses or harm suffered by the actions of third parties or fraudsters. The Member will have recourse directly against such third parties.
3.6. You are responsible for ensuring that there are sufficient funds in your nominated credit or debit card account for processing payments. In the event that the transaction is reversed, cancelled, suspended, refused, delayed or late due to your fault in this regard, you agree to payment of a penalty fee in the amount of R30.
3.7. If the date of your payment falls on a Sunday or Public Holiday payment may be processed on the following working day and the payment will not be regarded as late.
3.8. If the payment is unsuccessful, LWS may instruct PayFast to continue to attempt to collect the outstanding amounts from your bank account.
3.9. If payment is not received in any other form and the account is overdue for 10 (ten) days or more, your membership benefits may be cancelled, your profile on the LWS Website may be deleted, and you may be removed from the LWS WhatsApp group.
3.10. LWS reserves its right to review and announce a reasonable annual increase effective from 1 March and will advise Members timeously thereof, if applicable.
3.11. You warrant that all payment information entered by you as Member is complete, reliable, true and correct/accurate in every respect and not misleading in any way. You furthermore acknowledge that this information will be relied upon by us. The Member undertakes to notify LWS in writing via email or WhatsApp, within seven (7) days of any material changes to contact information, bank card details or lawyer type you provided in course of the application process. In particular, if your email address changes, let us know promptly to not miss out on aspects of your membership option and to enable us to send you invoices.
3.12. You as Member take full responsibility for the content management of your published profile, payment of your personal account, protection of your password and activities on the LWS Website and platforms. LWS merely provides the digital facilities, opportunities and support to enjoy the membership benefits.
4. Provision of benefits to Members
4.1. A lawyers who qualifies as a Member, and accepts the terms of this contract will be approved to become a Member on the LWS Website. However, LWS reserves the right, without prior notice, to immediately restrict access, use or certain or all membership benefits, if the Member is in breach of the User Terms and Conditions of the LWS Website, or these Member Terms and Conditions, or publicly do anything on the LWS Website or platform which embarrasses other Users or Members or bring the legal profession or any lawyer category represented on the LWS Website in disrepute.
4.2. Members agree to adhere to professional standards, strive for high service levels and adhere to professional conduct with Users and colleagues, to uphold the honour and integrity of the legal profession. In particular, Members agree to abide by the law and, where applicable, comply with the Legal Practice Act 28 of 2014, its Regulations and Code of Conduct.
4.3. LWS may in its sole discretion limit, deny or create different levels of access to specific or additional benefits which may be developed and be offered to different Member categories represented on the LWS Website.
4.4. LWS may launch, change, upgrade, impose conditions to, suspend, or stop any benefits with prior written notice to a fee-based service, as long as such changes will not substantially adversely affect the paying Members in enjoying the benefits of the membership option.
4.5. Members must keep details on their personal profile up to date and not mislead or confuse Users relating to their lawyer type category, professional capacity, resources or type of legal services they can offer.
4.6. The LWS Website will provide the option to Users to give confidential feedback to LWS management on the assistance of LWS and the conduct and professional services of Members. If relevant, LWS will share such feedback on email or WhatsApp with the particular Member mentioned in the feedback received. In this regard, LWS will serve as a messenger service and will have no obligation to interfere or resolve a complaint or conflict raised by a User against a Member, or by a Member against another Member, or between Members and Sponsor, for any reason, and vice versa.
5. Limitations of Liability
5.1. Whilst LWS will use its best efforts to ensure that all information is displayed correctly, the Member shall have no claim of any nature against LWS for any loss or damages, including, but without being limited, to consequential damages which the Member may suffer as a result of, without limiting the generality of the foregoing, any error in or omission from its benefits on the LWS platform in any way or any downtime of any computer system on which the LWS Website relies, or to which the LWS Website is connected, for any reason whatsoever, including, but expressly without being limited to any act of Force Majeure, war, international or government sanctions, computer viruses, loadshedding and the like.
5.2 As lawyers, Members are solely responsible for all of the terms and conditions of the transactions conducted between themselves and other Users (the public/clients) or Sponsors, through or as a result of the use of the LWS Website or benefits, including, without limitation, terms regarding payment, returns, warranties, public liability cover, and taxes. The LWS Website can attract no professional or business liability relating to the competence or level of professional legal benefits provided by Members to other Users. The LWS Website only facilitates marketing, networking and socialising between lawyers and the public, and between lawyers.
5.3 The Member releases and indemnifies LWS (directors, employees, service providers and contract workers) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with transaction between Member lawyers and the User public or Sponsors.
6. Protection of Personal Information
6.1 Each party must comply with their obligations under the Protection of Personal Information Act, 2013 (POPIA) to personal information in respect of which they are the responsible party.
6.2 Each party must secure the integrity and confidentiality of any personal information of each other or third parties which they process by taking appropriate, reasonable technical and organisational measures to prevent its loss, damage, unauthorised destruction and unlawful access or processing.
6.3 To do so, the parties must take reasonable measures to: identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control; establish and maintain appropriate safeguards against the risks identified; regularly verify that the safeguards are effectively implemented; and ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
6.4 For your membership term, you as Member opt in and agrees to the use of your personal data you provide yourself for the purposes of completing the online subscription process on the LWS Website, to allow PayFast and your nominated bank to process your authorised payment order, receive communication from LWS Management and enable LWS to provide membership benefits.
6.5 LWS enables Members to voluntarily provide, publish or delete content on their own online public profiles which may include their personal data, blogs/articles or advertisements.
7. Intellectual Property
7.1 Members are not allowed to use the Intellectual Property, in particular, the LAWYERS WORKING SMART or LAWYERS WORKING FROM HOME or MARKET.CONNECT.GROW trade marks, to represent a partnership or employment with LWS.
7.3 The Member represents to LWS and unconditionally guarantees that the Member is the owner or has permission from the rightful owner to use, publish and share any and all content the Member publishes on the LWS Website and social media platforms. The Member will abide by the Copyright Act and related laws relating to publications.
7.4 Any obvious, gross or intentional violations of intellectual property rights by a Member will result in a breach of this contract and termination of the benefits.
If you have any queries relating to these Member Terms and Conditions to conclude this contract online, you are welcome to contact us for clarification.