Anda di halaman 1dari 4

Co. Reg.

: CK 2004/104891/23 13 Delia Park; Delia Street


PRETORIA NORTH
072 325 5790
24 HRS FAX LINE 086 651 9375

P.O BOX 795


ROSETTENVILLE
2130
MANDATE & FEE AGREEMENT
With the power of substitution (hereinafter called “iDebt Assist”) to render
professional services to me, which shall include the right to take all of the necessary
steps on my behalf relating directly / indirectly to any and all legal and credit
matters.

I, _______________________________, with ID:_____________________________ hereby


confirm that;

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.

2 iDebt Assist may charge me all disbursements incurred by him / her on my


behalf and I accept the responsibility to pay such disbursements to iDebt Assist
on demand.
2.1 I shall personally be responsible to pay all disbursements incurred by iDebt
Assist in respect of fees of services rendered such as attorneys / advocates,
experts and or assessors who iDebt Assist will be entitled to appoint in his /
her sole discretion when he / she deems it necessary
2.2 Disbursements in respect of travelling costs by motor vehicle will be
recovered at a rate of R 4.50 per kilometer (tax included), which shall escalate
annually on the same basis as set out in paragraph 1.5 above
2.3 iDebt Assist may charge for telephone calls made and received, letters sent
and received, photocopying and printing charges, telefax charges. The rates
in respect of the abovementioned disbursements are agreed to as follows:
 Telephone calls made R 25.00
 Telephone calls received R 10.00
It is agreed that telephone calls with a duration of more than 10 minutes, will
be charged at such a portion of the hourly tariff that is actually spent on the
phone call plus R 5.00 per minute
 Sms’s sent R 0.50
 Letters sent R 55.00
 Letters received R 5.00
It is agreed that all letters where the drafting or reading of requires more than
10 minutes, will be charged at such a portion of the hourly tariff that is
actually spent on the phone call plus R 5.00 per minute
 Copies & printing R 2.50 per page
 Experian reports R 32.00
 ITC reports R 32.00
 Full & General bank code report R 140.00
 Collection instruction R 50.00
 Plus 25% of collected amount R 30.00
 Listing costs R 100.00
 Court records reports R 70.00
 Directors search R 50.00
 Listed companies reports R 325.00
It is further agreed that an administration and petty charge of R 985.80 will be
levied on the whole file and all matters. It is however agreed that iDebt Assist
will have the right to increase this administration and petty charge at their
sole discretion.
These rates are subject to escalation on an annual basis also with effect from
1 February each year.
2.4 iDebt Assist may require me to pay a deposit in advance to cover their fees,
counsel’s fees, the cost of instructing other professionals on my behalf and
other disbursements referred to herein
2.5 iDebt Assist has the right to discontinue with any work if I fail to meet with my
obligations herein or if I fail to provide them with the necessary funds.
2.6 All other disbursements shall be recovered on the basis of the actual amount
thereof.

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

5 I confirm further that:


5.1 I understand that FICA (Finance Intelligence Centre Act) aims at combating
money laundering and associated criminal activity.
5.2 In terms of the FICA legislation, accountable institutions, which include
attorneys, are required to comply with certain obligations provided for in the
Act and Regulations. I understand that the attorney is accordingly obliged to
obtain certain information and documentation from me, and I undertake to
provide the same.
6 I confirm that I am aware that iDebt Assist may withdraw as my representative
for good cause, or in the event of my failing to pay any fees or disbursements in
terms of this agreement. In such event, iDebt Assist shall be entitled to retain
all documentation in their possession whether prepared by them or not, until
the full amount outstanding in respect of the fees and disbursements together
with interest is paid.
6.1 I reserve to myself the right to withdraw from this undertaking and to
terminate the mandate given in terms hereof by giving iDebt Assist written
notice of such withdrawal and termination within 7(seven) days of signature
hereof.
6.2 I accept that iDebt Assist, in the event of such a withdrawal, will be entitled to
payment of the fees and disbursements incurred by them in respect of
services reasonably rendered during the period prior to the withdrawal of this
mandate, which fees and disbursements shall be levied on an attorney own
client basis as previously set out herein.
6.3 I confirm that should I not be able to pay any such fees and disbursements,
iDebt Assist shall be able to retain the documents referred to in paragraph 6.1
above until such fees and disbursements have been paid.
6.4 In the event that iDebt Assist must take legal action against me for any
reason what-so-ever, I undertake to pay the legal fees thereof on an attorney
and own client scale. I further undertake to pay all tracing fees as well as
collection commission of 25% (R 30.00) on each payment made by myself in
payment of any amounts owed to iDebt Assist.
6.5 In the event that this agreement is signed by a representative, director or
member of a juristic person, the person signing this agreement on behalf of
such juristic person will be liable for payment of any amount owed to iDebt
Assist as co-principal debtor in solidum.
7 I confirm that iDebt Assist shall from time to time, and in their discretion, be
entitled to require me to pay a deposit to cover their fees and/or disbursements
and that such deposit shall be payable on demand.
8 Any amendments, cancellation or additions hereto must be reduced to writing
and signed by both parties in order to have any effect.

Thus signed on ______ day of ______________________ 20_____

___________________________________
________________________________
Client Witness

Thanking you kindly & in advance

Jolene Washer
072 325 5775

Anda mungkin juga menyukai