Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the Irwin & Co. website (the “Website”) and the provision of our legal services. By accessing or using our Website, or by engaging our professional services, you agree to be bound by these Terms.

Irwin & Co. is a law firm registered and practising in the Republic of South Africa. References to “we”, “us”, or “our” refer to Irwin & Co. References to “you” or “your” refer to the user of the Website or client of our services.

2. Website Use

General Use

The Website is provided for general informational purposes about our firm and services. You may use the Website for lawful purposes only and in accordance with these Terms.

Prohibited Conduct

You may not:

• Use the Website in any way that violates any applicable law or regulation
• Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems
• Introduce viruses, trojans, worms, or other malicious or technologically harmful material
• Use automated systems (including bots, scrapers, or crawlers) to access the Website without our written permission
• Reproduce, distribute, or publicly display any content from the Website without our prior written consent

3. No Legal Advice

Legal advice can only be provided after we have been formally engaged, have conducted a conflict check, and have had the opportunity to understand the specific facts and circumstances of your matter. The information on this Website may not reflect the most current legal developments and should not be relied upon as a substitute for professional legal advice.

If you require legal advice, please contact us to arrange a formal consultation.

4. Engagement of Services

Formal Engagement

The provision of legal services by Irwin & Co. is subject to a formal letter of engagement or mandate agreement. These Terms do not themselves create an attorney-client relationship.

Engagement Terms

Where we agree to provide legal services, the engagement will be governed by:

• A written letter of engagement or mandate setting out the scope of work, fees, and other terms
• The rules and code of conduct of the Legal Practice Council of South Africa
• The Legal Practice Act, 2014, and related legislation
• These Terms, to the extent they do not conflict with the engagement letter

Conflict Checks

All new engagements are subject to satisfactory completion of conflict-of-interest checks. We reserve the right to decline any engagement where a conflict of interest exists or may arise.

FICA Compliance

In accordance with the Financial Intelligence Centre Act, 2001 (FICA), we are required to verify the identity of our clients and may request identification documents, proof of address, and other information before we can act on your behalf.

5. Fees and Payment

Fee Structure

Our fees are set out in the letter of engagement and may be based on hourly rates, fixed fees, or other arrangements agreed between us. Unless otherwise agreed in writing, our standard hourly rates will apply.

Disbursements

In addition to professional fees, you may be responsible for disbursements and third-party costs incurred in connection with your matter, including court fees, counsel fees, expert fees, travel costs, and other out-of-pocket expenses.

Payment Terms

Invoices are payable within 30 days of date of invoice unless otherwise agreed. We reserve the right to charge interest on overdue amounts at the prescribed rate. We may require payment of a deposit or advance before commencing work or at any stage during the matter.

Trust Account

Funds held on your behalf will be deposited in our trust account in accordance with the Legal Practice Act and the rules of the Legal Practice Council. Interest earned on trust funds will be dealt with in accordance with applicable legislation.

6. Intellectual Property

All content on the Website—including text, graphics, logos, images, design, and layout—is the property of Irwin & Co. or its content suppliers and is protected by South African and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Website without our prior written consent. Limited copying of content for personal, non-commercial use is permitted provided that copyright and other proprietary notices are retained.

7. Limitation of Liability

Website Content

While we endeavour to ensure the information on the Website is accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the information contained on the Website.

To the maximum extent permitted by law, we exclude all liability for any loss or damage (including indirect or consequential loss) arising from or in connection with your use of the Website or reliance on its content.

Professional Services

Our liability for professional services is governed by the terms of the applicable engagement letter, the Legal Practice Act, and applicable law. Nothing in these Terms limits our liability where it cannot lawfully be limited or excluded.

8. Third-Party Links

The Website may contain links to third-party websites. These links are provided for convenience only and do not signify endorsement. We have no control over the content, privacy policies, or practices of third-party websites and accept no responsibility or liability for them.

9. Confidentiality

We treat all client information as confidential in accordance with our professional obligations under the Legal Practice Act and the rules of the Legal Practice Council. Attorney-client privilege applies to communications made in the context of seeking or providing legal advice.

Please note that communications sent via the Website contact form or email may not be secure and are not subject to attorney-client privilege until a formal engagement has been established.

10. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy.

11. Termination of Engagement

Either party may terminate an engagement in accordance with the terms of the engagement letter, subject to professional obligations. Upon termination:

• You remain liable for fees and disbursements incurred up to the date of termination
• We will take reasonable steps to protect your interests during any handover period
• We will provide your file to you or your new legal representative upon request, subject to the exercise of any lien for unpaid fees

12. Complaints

We are committed to providing excellent service. If you are dissatisfied with any aspect of our service, please raise the matter with us directly so that we can address it promptly. You may contact us at info@irwinandcolaw.com.

You also have the right to lodge a complaint with the Legal Practice Council of South Africa if you believe we have acted in breach of our professional obligations.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

15. Amendments

We reserve the right to amend these Terms at any time. Amendments will be effective upon posting to the Website. Your continued use of the Website after any amendments constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact

For questions about these Terms and Conditions, please contact us: