Terms of Service
The agreement between your firm and us.
These terms govern the use of the Power Practice software and website provided by POWER PRACTICE (Pty) Ltd. By opening an account you accept them on behalf of your firm, and you confirm that you are authorised to do so.
1. Definitions
- We, us: POWER PRACTICE (Pty) Ltd.
- The firm, you: the legal practice that holds the account.
- User: a person the firm has given access to the software.
- The software: the Power Practice suite, the Accounts program, Power Docs, the client portal, and any desktop application we provide.
- Practice data: everything the firm and its users put into the software, and everything the software derives from it.
2. The account
The person who opens the account becomes its administrator and may add, remove and set the access of other users. The firm is responsible for everything done under its account, for keeping passwords confidential, and for telling us at once if it believes the account has been compromised. Each user must be a natural person with their own login. Sharing a login is a breach of these terms.
3. Free trial
New accounts get the whole software free for 30 days from the day the account is opened. No card is required to begin. Unless the firm subscribes before the trial ends, the account is suspended, and the firm's data is kept for a further 90 days so that it can subscribe or export, after which it is deleted.
4. Our obligations
We will:
- Provide the software with reasonable skill and care, and keep it available except for planned maintenance, which we announce in advance where we can, and events beyond our control.
- Host practice data in South Africa, back it up daily, and protect it as described in our Privacy Policy.
- Process practice data only on the firm's instructions, as an operator under POPIA, and never for our own purposes.
- Provide support by email during South African business hours.
- Give at least 30 days' notice of any change to pricing or to these terms that is not in the firm's favour.
5. Fees
The subscription is R5 000 per month for the first user and R2 500 per month for each additional user, excluding VAT. Fees are billed monthly in advance from the end of the trial, by card through our payment provider or by EFT against invoice where we have agreed to it. Users added during a month are billed pro rata; users removed take effect from the next billing date.
Fees not paid within 14 days of the due date may lead to suspension of the account until paid. We may change our prices on 30 days' written notice, and a change never applies to a month already paid for.
6. Acceptable use
The firm and its users must not:
- Use the software for anything unlawful, or in breach of the rules of the Legal Practice Council.
- Attempt to access another firm's data, or any part of the system not made available to them.
- Copy, decompile, reverse engineer or resell the software, or remove any of its licence or attribution notices.
- Load the software with malicious code, or use it in a way that degrades the service for others.
- Rely on any AI generated output, including any authority or citation it produces, without a practitioner checking it. The software helps a practitioner work; it does not give legal advice and does not replace professional judgement.
7. Practice data
The firm owns its practice data. We claim no rights in it beyond what is needed to provide the software. The firm can export its data at any time in standard formats, and we will assist with a full export on request when the subscription ends.
The firm is responsible for the lawfulness of the practice data it processes, for its own compliance with POPIA, FICA, the Legal Practice Act and the accounting rules of the Legal Practice Council, and for keeping the records the law requires it to keep. The software supports these duties; it does not discharge them.
8. Trust accounting
The software keeps trust and business ledgers separate and provides the reports the Legal Practice Council's rules require. The firm remains responsible for the reconciliation, the audit, and the correctness of every entry. We do not hold or move client funds.
9. Intellectual property
The software, its design, its document templates and its documentation belong to us or our licensors. The firm gets a non-exclusive, non-transferable licence to use them for its own practice for as long as it subscribes. Documents the firm produces with the software belong to the firm.
10. Confidentiality
Each of us will keep the other's confidential information confidential and use it only for the purposes of this agreement. Practice data is confidential information of the firm, and may be privileged. We will not disclose it except as the firm instructs or as the law compels, and where the law compels we will tell the firm first unless we are prohibited from doing so.
11. Liability
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything the Consumer Protection Act does not allow to be limited.
Subject to that, our total liability to the firm in any twelve month period is limited to the fees the firm paid us in that period, and neither of us is liable to the other for loss of profit, loss of business, or indirect or consequential loss. The firm acknowledges that it, not we, is responsible for the professional advice it gives and the deadlines it meets, and that the software's calendar, deadline and AI features are aids to practice and not a substitute for a practitioner's own diary and judgement.
12. Term and termination
The subscription runs month to month. The firm may cancel at any time from the account settings, effective at the end of the paid month. We may suspend or terminate an account on written notice for non-payment, for a material breach of these terms not remedied within 14 days, or at once if the breach cannot be remedied or threatens the security of other firms. On termination the firm has 90 days to export its data, after which we delete it, subject to any legal hold.
13. Changes to the software
We improve the software continually and may add, change or retire features. We will not remove a feature the firm materially relies on without 90 days' notice and a way to export the related data.
14. General
- These terms, the Privacy Policy and any written order form make up the whole agreement between us.
- They are governed by the law of the Republic of South Africa, and the courts of South Africa have jurisdiction.
- Neither of us may transfer this agreement without the other's consent, except that we may transfer it to a successor of our business on notice to the firm.
- If any part of these terms is found unenforceable, the rest still applies.
- Notices to us go to info@powerpractice.co.za. Notices to the firm go to the administrator's email address on the account.
POWER PRACTICE (Pty) Ltd