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15 Wittebomen Road, Silverhurst, Constantia, Cape Town

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PIKE LAW TERMS OF BUSINESS

Last updated: 18 July 2026

1. Application
These terms govern the relationship between Pike Law and each client. They apply together with the engagement letter or other written record by which we accept an instruction. If there is an inconsistency, the matter-specific engagement letter prevails.
No attorney-and-client relationship arises merely because information is submitted through our website or sent to us. We must first complete our acceptance procedures and confirm in writing that we accept the instruction.

2. Client and scope of engagement
The client is the person or entity identified in our engagement letter. Unless we agree otherwise in writing, we do not act for a client’s shareholders, directors, employees, group companies, beneficiaries or related persons.
The scope of our work is defined in the engagement letter, subsequent written instructions accepted by us and any material limitation that we communicate. Our advice is given for the relevant matter and client only. No third party may rely on it without our prior written consent.

3. Instructions and communication
We may accept instructions from the client and from a person whom we reasonably believe the client has authorised. The client must tell us promptly if an authorised person changes or if particular limits apply to that person’s authority.
We may communicate by email and other agreed electronic means. Electronic communications may be delayed, intercepted, corrupted or filtered. A client should telephone us about any urgent or unusually important communication if receipt has not been acknowledged.
Payment instructions and banking details must be verified in accordance with our Cyber and Banking Risk Warning.

4. Client responsibilities
The client must provide complete, accurate and timely information and instructions; preserve relevant documents and evidence; notify us of material changes; and make decisions reasonably required for the conduct of the matter. We are entitled to rely on information supplied to us unless we agree to verify it.
We are not responsible for consequences caused by inaccurate, incomplete or late information or instructions, except to the extent that responsibility cannot lawfully be excluded.

5. Fees, estimates and disbursements
Our fees are calculated on the basis stated in the engagement letter. Unless otherwise agreed, we may charge for all time reasonably spent on the matter, including communications, preparation, research, drafting, meetings, travel and administration directly related to the instruction.
A fee estimate is based on the information and assumptions reasonably available when it is given. It is not a fixed fee or cap unless expressly stated to be one. We will take reasonable steps to notify the client if it becomes apparent that an estimate is likely to be materially exceeded.
The client must reimburse reasonable disbursements and third-party charges, including counsel, experts, correspondents, filing fees, searches, travel and specialist service providers. VAT will be charged where applicable.

6. Billing and payment
We ordinarily render accounts monthly and may render interim or final accounts when appropriate. Accounts are payable within the period stated in the engagement letter or invoice. If no period is stated, payment is due within five business days after delivery.
We may charge interest on overdue amounts at the maximum lawful rate, suspend work or terminate the engagement after giving reasonable notice, subject to our professional obligations. We may exercise any lien recognised by law over money or documents in our possession.
A query concerning an account should be raised promptly with the practitioner responsible for the matter. A query does not suspend the obligation to pay any amount that is not genuinely disputed.

7. Money held for a client
Money received in trust will be dealt with in accordance with the Legal Practice Act 28 of 2014 and applicable rules. Interest on money held in our general trust account accrues as provided by law.
Where appropriate and on written mandate, money may be invested in a separate interest-bearing account under section 86(4) of the Legal Practice Act. The client will receive the interest earned, less any lawful deduction, subject to the investment mandate and applicable law.
We are not responsible for the insolvency or default of a bank or for losses caused by interest-rate or exchange-rate movements, except to the extent that liability cannot lawfully be excluded.

8. External advisers and service providers
We may, with the client’s authority where required, instruct advocates, experts, correspondent attorneys and other advisers. They may contract directly with the client or through us. Unless the law provides otherwise, they remain responsible for their own work and charges.
We may use suitable technology, document-management, translation, storage, accounting, security and administrative providers. We require providers that process confidential or personal information for us to protect it appropriately.

9. Confidentiality and privilege
We will protect confidential information in accordance with our legal and professional duties. We may disclose it where the client authorises us; where disclosure is necessary to perform the mandate; to our insurers or legal advisers; or where law, professional rules or a lawful order requires disclosure.
Legal professional privilege belongs to the client. The client should obtain advice before disclosing privileged material, because disclosure may result in privilege being lost.

10. Conflicts of interest
We conduct conflict checks before accepting an instruction and as circumstances develop. The client must disclose any person or entity whose involvement may be relevant to a conflict check.
A company, shareholder, director, trust, beneficiary and related entity are separate clients for conflict purposes unless we agree otherwise in writing. Acting for one member of a group does not, without more, mean that we act for every member.
If an actual or potential conflict arises, we will deal with it in accordance with applicable law and professional rules. This may require informed consent, protective arrangements or termination of one or more engagements.

11. Personal information and regulatory compliance
We process personal information as described in our Privacy Notice. The client authorises us to process and disclose information where reasonably necessary to perform the mandate, comply with law and professional duties, manage risk and administer our practice.
We may require identity, ownership, source-of-funds and related information under the Financial Intelligence Centre Act 38 of 2001. We may be prohibited from informing a client about a report or other step taken under that legislation.

12. Intellectual property and use of work product
We retain copyright and other intellectual-property rights in our precedents, methods and work product. Once our fees have been paid, the client may use a final document prepared for the purpose of the matter. It may not be reused for another matter or supplied to a third party for reliance without our written consent.
Drafts are provisional. They may not be relied upon until we confirm that they are final.

13. Liability
Any liability must be determined in accordance with applicable law and our professional obligations. To the fullest extent permitted by law, our aggregate liability arising from a matter is limited to the greater of the amount recoverable under our applicable professional-indemnity insurance and the fees paid to us for that matter.
We are not liable for indirect, consequential or special loss, loss of profit, loss of opportunity or loss caused by a third-party adviser, service provider or financial institution, except to the extent that liability cannot lawfully be excluded or limited.
Nothing in these terms excludes liability for fraud, wilful misconduct, gross negligence or any other liability that the law does not permit us to exclude or limit.

14. Termination and suspension
The client may terminate an engagement at any time by written notice. We may suspend work or terminate an engagement for good reason and on reasonable notice, subject to law and professional rules. Good reason may include non-payment, a conflict of interest, failure to provide instructions or information, unlawful or improper instructions, a breakdown in trust, or material risk to our professional obligations or reputation.
On termination, the client remains responsible for fees and expenses incurred up to termination and for reasonable work required to transfer or close the matter.

15. File retention
We may retain physical and electronic matter records for at least seven years after completion or termination, subject to any longer period required by law, professional obligations or the circumstances of the matter. Thereafter, we may destroy or delete them without further notice unless a different arrangement has been agreed.
The client should retain original documents and final work product. We may charge reasonable retrieval, copying and delivery costs where archived material is requested.

16. Complaints and disputes
A concern about our service or an account should first be raised with the practitioner responsible for the matter. If it is not resolved, it may be referred to Adam Pike at info@pike-law.co.za.
These terms and each engagement are governed by South African law. The courts of South Africa have jurisdiction, without preventing the parties from agreeing to mediation or arbitration in an appropriate case.

17. General
A failure or delay in exercising a right is not a waiver. If a provision is invalid or unenforceable, it will be severed or read down to the minimum extent necessary without affecting the remaining provisions.
We may amend these terms prospectively by written notice or by publishing an updated version and drawing it to the client’s attention. A material amendment will not retrospectively alter accrued rights or obligations.

Contact Details

Tel: 021 795 0345

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Contact Us

Address

15 Wittebomen Road,
Silverhurst, Constantia
Cape Town
South Africa

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