Faber & Allin Inc. Attorneys' term and conditions for booking a service (‘Booking Policy’)
A. Terms and conditions
1. Online digital consultation (‘The Service’)
1.1 The service consist of an exploratory consultation to enable the legal practitioner to take instructions on your legal service request. The service fee paid by you does not entitle you to any further services to be performed by this firm or the allocated legal practitioner, and constitutes a ‘single transaction’ with you.
1.2 Following the service, the legal practitioner who consulted with you will assess your requirements and transmit a basic assessment of instructions (“Record of advices”), to you in writing.
1.3 The record of advices will indicate available legal remedies, if any, and will identify the legal services available to you. Should such remedies and services be identified by the legal practitioner, the record of advices will include (i) a detailed fee estimate in respect of such legal services, and (ii) the requirements for establishing a ‘business relationship’ with Faber & Allin Inc. Attorneys through the formal engagement of our services.
1.4 You are able to book the service for a date of no less than 8 (eight) days in advance. Should you require urgent assistance and you are unable to comply with this booking term, you should contact us at firstname.lastname@example.org for an expedited process.
2.1 The service price is stipulated in South African Rands and includes 15% Value added Tax (VAT).
2.2 Online payments are processed by a 3rd party service provider and all transactions are subject to 3D-secure authentication.
2.3 Neither Faber & Allin Inc. Attorneys nor the 3rd party payment processor: -
2.3.1 has visibility of the actual interaction between you and the bank
2.3.2 has access to the 3D authenticate OTP
2.3.3 stores your card details in any manner.
3. Duties and obligations when booking the Service
3.1 On receipt of your booking deposit, you will receive an email containing: -
3.1.1 confirmation of your service date and time ('booking slot');
3.1.2 instructions for accessing the digital service with log-on particulars;
3.1.3 your client file reference number with the office of Faber & Allin Inc. Attorneys;
3.1.4 a secure upload link to submit your supporting client documents for verification; and
3.1.5 a secure link to our electronic engagement form.
(“the client on-boarding process”)
3.2 You must complete the client on-boarding process at least 24 hours prior to your booked service.
3.3 Failure to complete the client on-boarding process as required will result in the temporary suspension of your booking. The service can be rescheduled once the client on-boarding process is complete, as per 3 above.
3.4 Once the client on-boarding process is complete, any cancellations and or reschedule requests should be submitted by you at least 24 hours prior to the confirmed booking slot; failing which your booking shall be forfeited. In this event, your payment shall be allocated to the time spent by the legal practitioner on your client on- boarding and verification process; the time spent on review and preparation for the service, and the wasted costs in respect of the legal practitioner's forfeited time.
3.5 Should you request a cancellation of the service in compliance with paragraph 3.4 above (24 hrs in advance), Faber & Allin Inc. Attorneys will refund you with a fee credit for the amount paid by you, which is redeemable against our services for a period of 9 (nine) months from date of issue thereof
3.6 In adherence with our duties and obligations as an accountable institution under the Prevention of Organised Crime Act, 1998 (“POCA”) and the Protection of Constitutional Democracy against Terrorism and Related Activities Act, 2004 ("POCDATARA") as well as International best practices with regards to the combat of money laundering and terrorist financing, no monetary refund in respect of the service will be paid to you by Faber & Allin Inc. Attorneys. You acknowledge and expressly accept any qualifying refund due to you in terms of this booking policy to be by way of a fee credit, as per 3.5 above.
B. Legislative disclosures
Electronic communications and transactions Act, 25 of 2002
a. In terms of Section 44(1)(b) of the Act, this booking policy has afforded you, as a consumer, the requisite 7 day cooling-off period applicable to the supply of a service.
b. In terms of Section 51 (1) of the Act you hereby expressly consent to the electronic collection, collation, processing, verification or disclosure of your personal information required by us in compliance with our obligations under the Financial Intelligence Centre Act 38 of 2001 (FICA) and
the Financial Intelligence Centre Amendment Act 1 of 2017 (FICAA).
c. In terms of Section 51 (2) and (3) of the Act, you hereby confirm that this booking policy has notified you of the specific purpose for which your personal information is requested, collected, collated, processed, verified, stored or disclosed and you acknowledge that this is done for a lawful purpose in complying with our duties and obligations under the Financial Intelligence Centre Act 38 of 2001 (FICA) and the Financial Intelligence Centre Amendment Act 1 of 2017 (FICAA), as an accountable institution.
d. In terms of section 43B and Schedule 1 to the Financial Intelligence Centre Act 38 of 2001 ('the FIC Act') and the Financial Intelligence Centre Amendment Act 1 of 2017 ('FICAA' Act)(together referred to as 'the Acts'), Faber & Allin Inc. Attorneys, as well as all other law firms in South Africa, is designated as an accountable institution to the Financial Intelligence Centre.
e. In terms of the Act, the transaction in respect of the service is classified as a single transaction below the transaction threshold determined by the Minister of Finance in the Regulations to the FIC Act, and is not subject to a comprehensive client verification process.
f. Under section 20A of the FIC Act we are prohibited from acting for anonymous clients and/or clients acting under a false or fictitious name.
g. In terms of section 21 of the FIC Act an accountable institution must, in the course of establishing a business relationship or entering into a single transaction, establish and verify the identity of a client ('you') and, if applicable, the person representing the client as well as any other person on whose behalf the client is acting.
h. At a minimum, our obligations applicable to the service are: -
to establish and verify your identity;
to keep records of business relations and transactions with you; and
to report suspicious transactions to the Financial Intelligence Centre.
i. Section 37(1) of the Act overrides secrecy and confidentiality obligations in South African law. No duty of secrecy or confidentiality prevents any institution or person from complying with an obligation to file a report under the FIC Act.
j. Section 37(2) of the FIC Act protects the common law right to legal professional privilege as between an attorney and an attorney’s client in respect of communications made in confidence between:
the attorney and the attorney’s client for the purposes of legal advice or litigation which is pending or contemplated or which has commenced or;
a third party and an attorney for the purposes of litigation which is pending or contemplated or has commenced.
k. Section 29 of the FIC Act requires all businesses to report suspicious or unusual activities or transactions or series of transactions related to money laundering, the financing of terrorist and related activities, and contraventions of prohibitions to financial sanctions, to the Financial Intelligence Centre. You are hereby advised that the following scenarios are regarded as suspicious activity and will require the filing of a SAR (Suspicious activity report):
the refusal of a client to provide the required client identification and verification documentation under Section 21 of the FIC Act
a customer who attempts to perform a transaction, which is interrupted, cancelled and / or reversed, and does not have any apparent business purpose
a customer who changes a transaction after learning that he/she must provide a form of identification
a customer who submits unsatisfactory copies of personal identification documents
a customer who wants to establish their identity using something other than his or her personal identification documents
A customer whose supporting documentation lacks important details
A customer who inordinately delays presenting corporate documents