Service Terms & Conditions

These Service Terms and Conditions ("the Terms") govern the provision of services by MBN Legal Consulting (Pty) Limited ("the MBN Legal Consulting", "we", "us" or "our") to clients, members, subscribers and/or any other person/s who use our services ("you" or "the Client/Member").

By booking a consultation, subscribing to a membership or service plan, submitting an application, requesting assistance, making payment, providing instructions, or otherwise using our services, you acknowledge that you have read, understood and agreed to these Terms.

These Terms should be read together with any applicable quotation, invoice, membership terms, service plan, consultation terms, privacy notice, disclaimer or other written agreement applicable to the particular service.

MBN Legal Consulting (Pty) Limited is a South African professional legal consultancy and business/regulatory guidance company.

Our services may include legal information, legal information consultations, legal research and information, compliance consulting, business and regulatory guidance, general legal support, educational resources and related professional services.

MBN Legal Consulting is not a law firm, and these Terms do not create or represent that MBN Legal Consulting is a law firm or that every person providing services through MBN Legal Consulting is a practising legal practitioner.

Our services are provided according to the particular service, consultation, membership or package selected by the Client/Member.

Services may include, where applicable:

• legal information and general legal guidance;
• legal information and consultations;
• legal research and information;
• labour and employment-related information and support;
• compliance consulting;
• business and regulatory guidance;
• assistance with understanding legal or regulatory processes.
• business registration and regulatory compliance assistance;
• educational legal resources and publications; and
• other services expressly communicated by MBN Legal Consulting.

The precise scope of any engagement may be limited by the service purchased, the Client's instructions, the information supplied and the nature of the matter.

Using our website, communicating with us, becoming a Member, purchasing a subscription, booking a consultation or receiving legal information does not automatically create an attorney-client relationship, mandate, legal representation or agreement for court representation.

Where a matter requires the services of a practising legal practitioner, attorney, advocate or other appropriately authorised professional, MBN Legal Consulting may advise the Client accordingly and, where appropriate, recommend that the Client obtain such services independently or through an appropriately qualified and authorised practitioner.

Nothing in these Terms authorises MBN Legal Consulting or any person acting on its behalf to perform work reserved by law for persons legally entitled to perform that work.

Clients and Members are responsible for providing information that is reasonably accurate, complete and current and/or updated.

We may rely on information supplied by the Client/Member when providing our services.

MBN Legal Consulting will not be held liable and/or responsible for consequences arising from:

• incomplete information;
• inaccurate information;
• misleading information;
• documents that have not been supplied;
• information supplied after a relevant deadline; or
• failure by the Client/Member to disclose material facts relevant to the matter.

The Client/Member bears the responsibility to notify MBN Legal Consulting promptly if any information previously supplied changes.

Our consultations are intended to provide legal information, guidance, analysis and/or consulting assistance within the scope of the service purchased.

Information provided during a consultation is based on the facts and circumstances disclosed to us at the time.

A consultation does not constitute a guarantee of a particular legal outcome.

Where a matter is complex, urgent, disputed, before a court or tribunal, or requires formal legal representation, the Client may be advised to obtain independent assistance from an appropriately authorised legal practitioner.

Where a client participates in an MBN Legal Consulting membership or subscription plan, the benefits available to that Member will be determined by the particular membership or subscription plan selected.

Membership does not automatically entitle a Member to unlimited consultations, legal representation, litigation services, drafting of every type of legal document, or any service not expressly included in the applicable plan.

Membership benefits may be subject to:

• the applicable subscription fee;
• usage limits;
• booking requirements;
• availability;
• reasonable service limitations;
• the scope of the selected plan; and
• these Terms and any additional membership terms.

All fees payable for services will be communicated through the applicable pricing, quotation, invoice, membership subscription plan or other written communication.

Unless otherwise agreed in writing:

• payment is required before or at the time specified for the relevant services;
• services may be suspended where payment is outstanding;
• additional services outside the agreed scope may attract additional fees;
• third-party charges, government fees, filing fees, courier charges or other external costs may be payable separately; and
• payment does not guarantee a particular outcome.

Appointments must be cancelled or rescheduled within the applicable notice period communicated at the time of booking.

Failure to attend an appointment without reasonable notice may result in the appointment being treated as used or a cancellation/no show fee being applied where such fee has been communicated in advance.

MBN Legal Consulting reserves the right to reschedule an appointment where reasonably necessary.

MBN Legal Consulting recognises the importance of confidentiality and undertakes to treat confidential information received from the Clients and Members responsibly.

• For purposes of these Terms "Confidential Information" includes information provided to us that is reasonably understood to be confidential, including, where applicable;
• personal information;
• business information;
• financial information;
• employment information;
• family and personal circumstances;
• legal or regulatory information;
• documents and correspondence;
• commercial information;
• passwords or access information where legitimately provided for a service;
• proprietary business information; and
• other information which a reasonable person would regard as confidential.

Confidentiality does not prevent MBN Legal Consulting from disclosing information where disclosure:

• is required by law;
• is required by a court, tribunal, regulator or lawful authority;
• is necessary to comply with a legal obligation;
• is reasonably necessary to protect the rights, property or safety of MBN Legal Consulting or other person;
• is authorized by a Client or Member;
• is necessary for legitimate service administration by an authorised service provider, subject to appropriate confidentiality obligations; and
• concerns information that has lawfully become publicly available without breach of these Terms.

The contractual confidentiality obligations in these Terms should not be interpreted as creating or representing legal professional privilege or an attorney-client relationship where such a relationship does not otherwise exist in law.

Where a Client requires legal professional privilege or formal legal representation, the Client should obtain advice and representation from an appropriately authorised practising legal practitioner.

MBN Legal Consulting will process personal information in accordance with applicable South African data-protection legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA) where applicable.

• Personal Information may be collected and processed for legitimate purposes including;
• providing requested service;
• communicating with Clients and Members;
• administering memberships and subscriptions;
• processing payments;
• arranging appointments;
• maintaining business records;
• complying with legal and regulatory obligations;
• improving our services; and
• other lawful purposes disclosed to the relevant person.

We may communicate with Clients and Members through email, telephone, WhatsApp, online booking systems, video conferencing platforms, website forms or other communication channels made available by MBN Legal Consulting.

Clients and Members acknowledge that electronic communication may carry inherent risks, including interception, delivery failure, technical errors or unauthorised access.

Clients and Members should not send highly sensitive information through an unsecured communication channel unless expressly requested or agreed by MBN Legal Consulting.

MBN Legal Consulting may use third-party service providers for legitimate business and service-delivery purposes, including payment processing, appointment scheduling, communications, website hosting, document management, technology and other administrative functions.

Where third-parties process personal or confidential information on our behalf, we will take reasonable steps to require appropriate confidentiality and security safeguards, subject to applicable law.

MBN Legal Consulting does not guarantee:

• a successful outcome;
• approval of an application;
• success in a dispute;
• a favourable decision by a court, tribunal, government department, regulator or other authority;
• a particular commercial result; or
• that information provided will result in a particular outcome.

Clients remain responsible for complying with applicable deadlines unless MBN Legal Consulting has expressly accepted responsibility for a specific task and deadline in writing.

Where a matter is urgent, the Client must clearly communicate the urgency.

Submitting an online enquiry, email, WhatsApp message or booking request does not by itself constitute confirmation that MBN Legal Consulting has accepted responsibility for a deadline or urgent legal matter.

Clients and Members agree to:

• provide accurate and complete information;
• cooperate reasonably with MBN Legal Consulting;
• provide documents requested for the relevant service;
• comply with agreed payment terms;
• attend scheduled appointments;
• keep contact details current;
• maintain the confidentiality of account or membership credentials; and
• use our services lawfully and responsibly.

Unless otherwise stated, the website, branding, logos, written materials, educational resources, publications, templates, videos, graphics, and other original content produced or made available by MBN Legal Consulting remain the property of MBN Legal Consulting or the relevant rights holder.

Clients and Members may use materials supplied to them for their own lawful personal or business purposes but may not reproduce, resell, commercially distribute, modify or publish them without prior written permission, unless permitted by law.

Information published on the MBN Legal Consulting website, social media platforms, newsletters, videos, articles, events, and other information channels is intended primarily for general information, educational and awareness purposes.

Website content may not always reflect the most recent legislative, regulatory or judicial developments.

Users should obtain specific advice concerning their individual circumstances where necessary.

To the extent permitted by applicable law, MBN Legal Consulting will not be held liable for indirect, consequential, incidental or unforeseeable loss arising from the use of our website, information resources, consultations or services.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by law.

Nothing in these Terms limits any rights that a consumer may have under applicable consumer-protection legislation.

MBN Legal Consulting may suspend or terminate a service or membership where:

• fees remain unpaid;
• the Client or Member materially breaches these Terms;
• the service is being misused;
• unlawful conduct is suspected;
• continuation of the service would create legal, regulatory or ethical concern; or
• another legitimate reason requires termination.

Termination does not automatically extinguish obligations that accrued before termination, including payment obligations and confidentiality obligations.

MBN Legal Consulting may decline, suspend or terminate assistance where it reasonably determines that a conflict of interest, regulatory concern, ethical concern or other legitimate reason prevents it from continuing with the matter.

Where appropriate, the Client may be advised to obtain independent assistance.

Failure by MBN Legal Consulting to enforce any provision of these Terms at any particular time does not constitute a waiver of its right to enforce that provision in the future.

MBN Legal Consulting may update these Terms from time to time to reflect changes in our services, business operations, technology or applicable legal or regulatory requirements.

The latest version published on our website will apply to services commenced after the effective date of the updated Terms, subject to any rights arising under an existing written agreement.

These Terms are governed by the laws of the Republic of South Africa.

Any dispute arising from these Terms should, where reasonably possible, first be addressed through good-faith communication between the parties before formal proceedings are instituted.

Nothing in this clause prevents any party from exercising any statutory or legal right available to it.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will, to the extent necessary, be severed or modified without affecting the validity and enforceability of the remaining provisions.

These Terms, together with any applicable quotation, invoice, membership terms, service-plan terms, privacy notice, disclaimer or written engagement applicable to the service, constitute the agreement governing the relevant service unless otherwise agreed in writing.

By using our services, booking a consultation, becoming a Member, subscribing to a service plan or otherwise engaging MBN Legal Consulting, the Client or Member acknowledges that:

• they have read and understood these Terms;
• they understand the nature and scope of the service selected;
• they understand that MBN Legal Consulting is a legal consultancy and is not a law firm;
• they understand that membership or consultation does not automatically create legal representation;
• they understand the confidentiality provisions and their limitations;
• they agree to provide accurate and complete information; and
• they agree to comply with these Terms.