Terms of Service
The agreement between your firm and us.
These terms govern the use of the Power Practice software and website provided by POWER PRACTICE (Pty) Ltd. By opening an account you accept them on behalf of your firm and you confirm that you are authorised to do so.
1. Definitions
- We, us: POWER PRACTICE (Pty) Ltd.
- The firm, you: the legal practice or advocate that holds the account.
- User: a person the firm has given access to the software.
- The software: the Power Practice suite, the Accounts program, the client portal, Power Advocacy and any desktop application we provide.
- Practice data: everything the firm and its users put into the software and everything the software derives from it.
2. The account
The person who opens the account becomes its administrator and may add, remove and set the access of other users. The firm is responsible for everything done under its account, for keeping passwords confidential and for telling us at once if it believes the account has been compromised. Each user must be a natural person with their own login. Sharing a login is a breach of these terms.
3. Starting a subscription
The firm subscribes online and the account is opened as soon as the firm's card is accepted on PayFast. The whole software is available from that day.
Nothing is shipped. The software is delivered online: once the card is accepted, the administrator signs in with the email address and password chosen at signup. A welcome email confirms the account.
4. Our obligations
We will:
- Provide the software with reasonable skill and care and keep it available except for planned maintenance, which we announce in advance where we can and events beyond our control.
- Host practice data in South Africa, back it up daily and protect it as described in our Privacy Policy.
- Process practice data only on the firm's instructions, as an operator under POPIA and never for our own purposes.
- Provide support by email during South African business hours.
- Give at least 30 days' notice of any change to pricing or to these terms that is not in the firm's favour.
5. Fees
The subscription is R5 000 per month for Workflow, including the first user, R2 500 per month for each additional administrator or attorney, R1 500 a month for each paralegal or clerk and R3 500 per month for each add-on module the firm chooses (at present, Accounts). Someone who signs in to Accounts only is billed as an administrator or attorney while the firm has Accounts. Workflow includes the client portal and Research Hub. Every user at the firm has the modules the firm has. We are not a VAT vendor and no VAT is added. Fees are billed monthly in advance, by card through our payment provider or by EFT against invoice where we have agreed to it. A user or module added or removed during a month changes the fee from the next billing date; anything added since the last payment is charged once before it is removed from the bill. A module that is removed closes at once and nothing in it is deleted.
Free first months. A firm that subscribes before our public launch is free for its first three months; from the launch, a new firm's first month is free. The number of free months is fixed on the day the firm subscribes. The card is taken at signup but nothing is charged. The first payment is taken that many months after the day the firm subscribes and then on the same day each month. A firm that cancels during its free months is not charged at all. The free months apply once, to a firm's first subscription. They do not apply when a firm starts paying again after cancelling or after its account was suspended.
Fees not paid within 14 days of the due date may lead to suspension of the account until paid. We may change our prices on 30 days' written notice and a change never applies to a month already paid for.
Refunds. Fees already paid are not refunded when a firm cancels and the firm keeps the software until the end of the paid month. A charge made in error is refunded within 7 business days of our being told.
6. Acceptable use
The firm and its users must not:
- Use the software for anything unlawful, or in breach of the rules of the Legal Practice Council.
- Attempt to access another firm's data, or any part of the system not made available to them.
- Copy, decompile, reverse engineer or resell the software, or remove any of its licence or attribution notices.
- Load the software with malicious code, or use it in a way that degrades the service for others.
- Rely on any AI generated output, including any authority or citation it produces, without a practitioner checking it. The software helps a practitioner work; it does not give legal advice and does not replace professional judgement.
7. Practice data
The firm owns its practice data. We claim no rights in it beyond what is needed to provide the software. An administrator can export all of the firm's data in standard formats from the software at any time and for 90 days after the subscription ends.
The firm is responsible for the lawfulness of the practice data it processes, for its own compliance with POPIA, FICA, the Legal Practice Act and the accounting rules of the Legal Practice Council and for keeping the records the law requires it to keep. The software supports these duties; it does not discharge them.
8. Trust accounting
The software keeps trust and business ledgers separate and provides trust reports and reconciliation. The firm remains responsible for the reconciliation, the audit and the correctness of every entry. We do not hold or move client funds.
9. Intellectual property
The software, its design, its document templates and its documentation belong to us or our licensors. The firm gets a non-exclusive, non-transferable licence to use them for its own practice for as long as it subscribes. Documents the firm produces with the software belong to the firm.
10. Confidentiality
Each of us will keep the other's confidential information confidential and use it only for the purposes of this agreement. Practice data is confidential information of the firm and may be privileged. We will not disclose it except as the firm instructs or as the law compels and where the law compels we will tell the firm first unless we are prohibited from doing so.
11. Liability
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything the Consumer Protection Act does not allow to be limited.
Subject to that, our total liability to the firm in any twelve month period is limited to the fees the firm paid us in that period and neither of us is liable to the other for loss of profit, loss of business, or indirect or consequential loss. The firm acknowledges that it, not we, is responsible for the professional advice it gives and the deadlines it meets and that the software's calendar, deadline and AI features are aids to practice and not a substitute for a practitioner's own diary and judgement.
12. Term and termination
The subscription runs month to month. The firm may cancel at any time in the software's settings or by writing to us at [email protected], effective at the end of the paid month or of the free months. We may suspend or terminate an account on written notice for non-payment, for a material breach of these terms not remedied within 14 days, or at once if the breach cannot be remedied or threatens the security of other firms. On termination an administrator can still sign in for 90 days to download the firm's data, after which we delete it, subject to any legal hold.
13. Changes to the software
We improve the software continually and may add, change or retire features. We will not remove a feature the firm materially relies on without 90 days' notice and a way to export the related data.
14. General
- These terms, the Privacy Policy and any written order form make up the whole agreement between us.
- They are governed by the law of the Republic of South Africa and the courts of South Africa have jurisdiction.
- Neither of us may transfer this agreement without the other's consent, except that we may transfer it to a successor of our business on notice to the firm.
- If any part of these terms is found unenforceable, the rest still applies.
- Notices to us go to [email protected]. Notices to the firm go to the administrator's email address on the account.
POWER PRACTICE (Pty) Ltd