1. Introduction to our Terms of Service
1.1. Welcome to Iustitia‘s Terms of Service page. At Iustitia, we provide professional writing services tailored to the South African immigration industry. We emphasize that we are not a professional law firm and do not offer legal services which can be exclusively provided by registered legal practitioners in accordance with South African law.
1.2. Our services include providing limited advice, preparing and submitting necessary documents, and conducting follow-ups to determine our clients’ immigration status, appeal any immigration bans or visa rejections, or similar tasks.
1.3. While we endeavour to provide our services to the best of our ability, it is important to understand that the Department of Home Affairs (“DHA”) retains the ultimate decision-making authority in all immigration matters and exercises its discretion accordingly. We cannot guarantee the success of a client’s appeal or application prepared through our services. While we aim for the highest quality of service, the final outcome is determined by the DHA, and we cannot guarantee success or be held liable for any rejected appeals/ applications.
1.4. We cannot commence any work until the quoted fees have been paid in full, and all of the requested information has been provided.
Refunds are subject to consideration based on fairness and may be provided in full or in part, with deductions for started and completed work if applicable.
2. Service Warranty
2.1. We warrant that we, and our external service providers, possess the necessary skills and expertise to provide the service for which you have engaged us. All of our services are provided by individuals with legal qualifications and at least one year of full-time work experience in the immigration industry.
2.2. The client warrants that all information provided to us is, or shall be, true, correct, and accurate. We cannot be held liable for any consequences resulting from incorrect information provided by or on behalf of the client. Any untruthfulness on the part of the client may result in the forfeiture of benefits under this agreement.
2.3. We may request additional information from time to time, and the client undertakes to cooperate in providing this information as requested.
3. Limitation of Liability
3.1. Except in cases of gross negligence, we cannot be held liable for any loss, damage, or injury caused or sustained. We shall not be liable for any consequential, indirect, or special losses and/or damages, including loss of profits.
3.2. We are not the decision-maker in any application process, and therefore, we cannot be held responsible for decisions made by any government authority, including but not limited to the DHA. In the event of an unsuccessful application, we may make representations to the appropriate government authority to review the decision, provided that such decisions are reasonably disputable and at the client’s request. The costs associated with further representations will be borne by the client.
4. Intellectual Property
4.1. Our intellectual property may not be sold, rented, leased, sublicensed, distributed, transferred, copied, reproduced, downloaded, displayed, or modified without our consent. No derivative works based on our intellectual property may be prepared.
5. Payment for Services
5.1. Unless otherwise agreed in writing, our fees are payable in full prior to the commencement of any services. We reserve the right to withhold services and/or retain any documents until all outstanding amounts are settled.
5.2.If no prior payment arrangement has been made, invoices are due within 14 working days from the date of issuance. Payments should be made without deductions for exchange rates, bank charges, or set-offs.
5.3. Failure to pay invoices within the specified period will result in interest charges at the Prescribed Interest Rate, calculated monthly. Additionally, the client will be responsible for any legal costs incurred in recovering unpaid amounts.
5.4. If payment is not received within 14 working days, a Letter of Demand will be issued. Continued non-payment may lead to further actions, including legal proceedings, to recover all outstanding amounts, interest, and associated collection fees.
6. Governing Law
6.1. This agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Island.
7. Privacy
7.1. By entering into this agreement, you consent to the use, collection, processing, and retention of your Personal Data and Information in accordance with the Protection of Personal Information Act 4 of 2013 (as amended) and any other applicable South African or United Kingdom laws, for the purpose of rendering services to you.
8. Protection and privacy of contractors/service providers
8.1. We cannot, for any reason (except if required by law), disclose to you the identity of the professional(s) we have engaged to work on your matter. In some cases, our contracted professionals are employed full-time and may not wish to disclose their work with Iustitia to their employers. In order to protect their identities and professional relationships, we can only disclose their identity with their consent, or when required to do so by law.
If you have any questions regarding our Terms of Service, please email us or contact us through the website.