LAWYERS WORKING FROM HOME (LWFH)
TRAINER TERMS AND CONDITIONS
entered into between Trainers and LWFH
LWFH is the leading platform enabling marketing, social, training and coaching website, supported by social media which connects lawyers and the public, and lawyers with each other with the view to support lawyers and make legal services more accessible in South Africa.
This Trainer Terms and Conditions should be read together with the standard User Terms and Conditions of the LWFH Website which you accepted upon accessing and using the LWFH Website. The terms for definitions provided in the User Terms and Conditions also apply here and have the same meaning in this LWFH Agreement. If you are not sure about the meaning of any term or the provisions which apply to use the LWFH Website, please read the standard User Terms and Conditions.
The purpose of these Trainer Terms and Conditions is to conclude an additional LWFH Agreement between LWFH and you as TRAINER in which LWFH and you will collaborate to publish, advertise and make available digital Training Material to Users relating to helpful legal topics for Licenced Use in consideration of payment of a Licenced Fee.
LWFH and the Trainer agree as follows:
- Subscription/Advertising requirement: The Trainer must be an approved and paying Member or Advertiser on LWFH website. This Trainer Terms and Conditions are thus also subject to the Member Terms and Conditions if the Trainer is a Subscriber, or the Advertiser Terms and Conditions if the Trainer is an Advertiser.
- Training Room services:
2.1 The purpose of the page on the LWFH Website entitled “Training Room” is to advertise and make available digital Training Material in consideration of payment of a Licenced Fee for the continuous training of lawyers or others interested in Law.
2.2 Training Materials should be accessible digitally and could include, e-books, recorded webinars, videos or audio lectures/podcasts.
- Obligations of the Trainer:
3.1 The Trainer will develop, prepare and deliver the digital Training Material to LWFH, at his/her own cost, in a format which meets the technical requirements set by LWFH at the time, depending on the nature of the Training Material and technical capabilities of the LWFH Website.
3.2 The Trainer accepts that the Training Material is subject to approval by LWFH for digital and publishing quality purposes and that such approval will not include academic or peer reviews by LWFH to check accuracy or quality of the content.
3.3 The Trainer declares that he/she is qualified and competent to offer Training Materials on the legal topic advertised and that he/she made his/her best efforts to provide high quality Training Material.
3.4 The Trainer is responsible and liable for the content and presentation of the Training Material.
3.5 The Trainer confirms that he /she is the legal owner of the Training Material and if any copyright consents were required, that he/she obtained same and is authorised to conclude and benefit solely from these Trainer Terms and Conditions.
3.6 Trainer, in consultation with LWFH, will co-determine the Licence Fee and Licensed Use of the Training Material.
3.7 In the event that the Trainer becomes aware of any errors or outdated information contained in the Training Material, the Trainer will contact LWFH and discuss options to correct or update the Training Material as soon as possible, which may attract an additional ad hoc fee payable to LWFH depending on attendances required to do updates.
- Obligations of LWFH:
4.1 Upon approval of the Training Material, LWFH will offer the Training Material for Licenced Use to Users on the LWFH Website.
4.2 LWFH spends a lot of time, costs and efforts to build a digital platform with a good reputation for lawyers, and develop and maintain a relevant digital audience and network of South African lawyers who are likely to be interested in the Training Material.
4.3 LWFH will assist with the advertising of the Training Material on its website and social media pages at its own cost.
4.4 LWFH will facilitate the order by Users to make Licensed Use of the Training Material and process payment of the Licenced Fee.
4.5 LWFH will pay the agreed split of the Licenced Fee in consideration of any Licensed Use orders facilitated to the Trainer’s bank accounts once a month.
5.1 This Agreement will commence upon electronic acceptance of these Trainer Terms and Conditions by you as Trainer.
5.2 Similar and parallel to the Member Terms and Conditions / Advertiser Terms and Conditions, this Agreement will continue for an indefinite period unless terminated by either party by giving not less than 30 calendar days’ written notice. Any termination request notice to LWFH should be sent via email to email@example.com.
5.3 Any obvious, gross or intentional violations of either party’s intellectual property may result in a breach and immediate termination of this Agreement by either party.
5.4 In the event of negative feedback or complaints by Users regarding the Training Material, LWFH may immediately terminate this Agreement and remove the Training Material to avoid reputational risk.
- Payment terms:
6.1 LWFH agrees to pay 30% of the advertised Licensed Fees collected for the Licensed Use of the Trainer’s Training Material to the Trainer once a month.
- Limitations of Liability
7.1 Whilst LWFH will use its best efforts to ensure that the Training Material is displayed and delivered correctly, and payments online processed correctly, the Trainer shall have no claim of any nature against LWFH for any loss or damages the Trainer may suffer as a result of any error in or omission relating to LWFH’s obligations, in particular which involves digital services by independent third parties, including any downtime of the LWFH Website, payment collection system, social media pages, or any computer system on which the LWFH platform relies, or are connected to, for any reason whatsoever, including but expressly without being limited to any act of Force Majeure, computer viruses, online terrorist attacks, load shedding, national disasters, sanctions and the like.
7.2 The LWFH Website can attract no professional or business liability relating to the competence or level of professional content standards of the Training Material. The LWFH Website only facilitates the marketing, channel and payment of the Licenced Fee relating to the Training Materials.
7.3 The Trainer releases and indemnifies LWFH (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of the Licenced Use between Trainer and any User.
- Intellectual Property
8.1 The parties acknowledges and respects each other’s intellectual property rights.
8.2 Each party retains ownership in the intellectual property which he/she develops and owns.
8.3 The parties grant each other the necessary royalty-free licence to use and share the Training Material as advertised on the LWFH Website. Where further necessary, the Trainer authorises LWFH to deal with the Training Material in a manner to comply with its obligations above and fulfil the intentions of this Contract.
8.4 Neither party cedes or assigns copyright in his/her own work to each other.
8.5 Upon termination of this Contract, the parties will no longer be authorised to deal with each other’s intellectual property above.
- Review of terms of this Agreement
9.1 Either party may request a review or update of the Licenced Fee once a year.