1.1 iDebt Assist is entitled to charge fees based on the ‘attorney own client scale’
for services rendered in terms hereof and that I undertake and agree to pay
iDebt Assist’s fees as set out in this agreement and subsequent / previous
invoices received from iDebt Assist for services rendered.
1.2 The fees will be calculated on an hourly basis in respect of time that is
expended on all matters conducted on my behalf. The charge-out rate of each
representative is dependant on their seniority as is the hourly rate of each
representative that will work on / with my matters.
1.3 The fees in respect of time reasonably spent by a representative of iDebt
Assist will be calculated at a maximum hourly tariff which is currently at R
250.00 per hour (tax included)
1.4 In so far as the rates are concerned, if iDebt Assist has to work outside of
normal business hours, if the matter requires urgent attention, is particularly
complex or if the representative is required to set other work aside to attend
to my matters, then these rates may be increased.
1.5 The hourly tariff set out above shall automatically escalate at a rate of 10%
with effect from 1 February each year. iDebt Assist does however reserve the
right to increase the hourly rate by a margin slightly greater than 10%
depending on economic conditions.
3 I confirm that the following shall apply in connection with the defense of my
matters in any competent court
3.1 iDebt Assist’s fees for services rendered and disbursements incurred in
connection therewith will not be based on the applicable High Court or
Magistrates Courts tariffs, or on the tariffs applicable in any other court but
will be higher and will be calculated on another basis.
3.2 I am aware that I am entitled to engage the services of another attorney who
may levy fees in accordance with applicable tariffs, but, I elect not to do so
3.3 That I understand that there is a difference between party and party costs on
the one hand and own client costs on the other. I understand that party and
party costs are those, which, if I am successful, I will be entitled to recover
from the other party, and if I am unsuccessful, I may be responsible to the
successful party, whilst attorney and own client costs, are those as set out in
paragraph 1 above, which I have to pay to the attorney irrespective of
whether I am successful or not, and irrespective of whether I am able to
recover party and party costs from any other party.
4 I understand that:
4.1 The attorney is entitled to render me interim accounts in respect of fees and
disbursements. These fees are interim fees and remain subject to re-
assessment at the conclusion of the matter when the whole context of the
matter can be taken into one account.
4.2 All disbursements reflected in the account will, so far as possible, be
accompanied by supporting documentation, and that in respect of fees, iDebt
Assist will set out a short concise description of the work done by the
representative together with the total of hours spent in the execution thereof
4.3 Should I require iDebt Assist to furnish me with a detailed specified account in
respect of services rendered by the representative and in the event of the
total of such detailed specified account being higher than the total of the
account as set out in paragraph 4.2 above, I accept responsibility to:
4.3.1 Pay such higher amount, and
4.3.2 Pay the costs incurred in the preparation and drafting of such specified
detailed account, which may include the costs of a cost consultant
4.4 Historical records and reconciling statements of my account may be available
on my request
4.5 If I do not object in writing to the account, or request a specified detailed
account, within 7(seven) days of receipt of the account from iDebt Assist, I will
be deemed to have waived any right which I may have in respect thereof and
that I will then be deemed to have accepted iDebt Assists account as fair and
reasonable.
4.6 iDebt Assists invoices are payable on representation. Interest will be levied on
all outstanding amounts at the prime rate of interest by First National Bank
from time to time plus 5% on thte fees and disbursements from the date upon
which the same became payable until date of payment.
4.7 I understand that it is extremely difficult to accurately estimate what the
extent of fees and disbursements will be by virtue of the fact that the final
charges will depend almost entirely on the actual number of professional
hours spent in bringing my matter/s to final conclusion. To the extent that
iDebt Assist gives me estimates of fees and disbursements, I understand that
any such estimate is not at all to be construed as a quotation / invoice
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Client Witness
Jolene Washer
072 325 5775