AUXILIUM CONSULTORUM (PTY) LTD t/a AUXCON
Registration number: 2011/148303/07
VAT number: 4840273892
257 Brooklyn Road, Brooklyn, Pretoria, 0181
(“Auxcon”)
applicable to all Users of the Auxcon Platform
Effective Date: 1 October 2026Version: v3.0
1.ACCEPTANCE AND SCOPE
1.1These Standard Terms of Service govern your access to and use of the websites, web platforms and mobile applications operated by Auxilium Consultorum (Pty) Ltd, trading as Auxcon ("Auxcon", "we", "us" or "our"), including ww2.auxcon.co.za, https://auxattorney.com, web.auxconlegal.com, the AuxGenie mobile application and any redirected landing pages (collectively, the "Platform").
1.2These Standard Terms of Service apply to all Users of the Platform, including website visitors, Attorneys, Advocates, and their authorised representatives.
1.3By registering on or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by the Standard Terms of Service.
1.4If you have entered into a separate SaaS Agreement with Auxcon, the Standard Terms of Service supplement that SaaS Agreement. If there is any inconsistency between them, the SaaS Agreement prevails to the extent of the inconsistency.
1.5The Standard Terms of Service take effect on 1 October 2026 (version 3.0) and replace all previous versions.
1.6If the CPA applies, the Standard Terms of Service are written in plain and understandable language as required by section 22. Any clause that limits or excludes liability, requires you to assume risk, or requires an indemnity is in bold and is drawn to your attention as required by section 49. Nothing in the Standard Terms of Service limits a right that cannot be excluded under the CPA, including a right under section 51.
1.7Auxcon processes personal information in accordance with the eight conditions for lawful processing under POPIA, acts as the responsible party for information it collects directly, and acts as the operator for client and matter data processed on a Customer’s documented instructions. Further detail is set out in the separate Privacy Policy. Personal information processed on the Platform is stored in the Republic of South Africa.
1.8You may accept the Standard Terms of Service electronically in accordance with the ECT Act.
2.DEFINITIONS AND INTERPRETATION
2.1In the Standard Terms of Service, unless the context indicates otherwise, the following terms have the meanings set out below:
2.1.1"Advocate" means a legal practitioner admitted and enrolled as an advocate of the High Court of South Africa under the Legal Practice Act 28 of 2014 who has registered on AuxGenie under the Advocates SaaS Agreement;
2.1.2"Attorney" means a legal practitioner admitted and enrolled as an attorney of the High Court of South Africa under the Legal Practice Act 28 of 2014 who practises within a Customer;
2.1.3"AuxAttorney" means the digital briefing platform owned and operated by Auxcon that enables Attorneys to brief Advocates electronically;
2.1.4"AuxBrief" means Auxcon's digital briefing system, comprising AuxAttorney (for Attorneys) and AuxGenie (for Advocates);
2.1.5"AuxGenie" means the companion mobile application and web portal owned and operated by Auxcon that Advocates use to access briefs, manage invoices, and interact with the Platform;
2.1.6"Business Day" means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
2.1.7"Content" means all text, data, graphics, images, software, audio, video, information, or other materials available on or through the Platform;
2.1.8"CPA" means the Consumer Protection Act 68 of 2008;
2.1.9"Customer" means an attorney firm or legal practice that has entered into the Attorneys SaaS Agreement with Auxcon;
2.1.10"De-identified Data" means data derived from the Platform from which all information that identifies, or could reasonably be used to identify, a data subject, a client, a Matter or the content of Matter Data has been removed, and which cannot reasonably be re-identified;
2.1.11"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
2.1.12"Intellectual Property" means all patents, trademarks, service marks, trade names, copyright, trade secrets, know-how, domain names, and all other intellectual property rights, whether registered or unregistered;
2.1.13"Platform" means collectively the Auxcon websites, AuxAttorney, AuxGenie, the Advocate Web Application, and the Practice Management Service;
2.1.14"POPIA" means the Protection of Personal Information Act 4 of 2013;
2.1.15"Practice Management Service" means the billing, invoicing, reconciliation and debtor-administration services offered by Auxcon to Advocates through the Advocate Web Application and Auxcon's practice management team under the Advocates SaaS Agreement;
2.1.16“Privacy Policy” means Auxcon’s privacy policy published on the Website and incorporated into the Standard Terms of Service by reference;
2.1.17“Regulatory Body” means the General Council of the Bar of South Africa (“GCB”), each constituent Bar Society of the GCB, the Legal Practice Council (“LPC”), and any other statutory or professional body that regulates legal practitioners;
2.1.18"SaaS Agreement" means the Attorneys SaaS Agreement or the Advocates SaaS Agreement, being the separate software-as-a-service agreement between a Subscriber and Auxcon that governs the Subscriber's subscription;
2.1.19“Standard Terms of Service” means this document, which governs Users’ access to and use of the Platform;
2.1.20"Subscriber" means a Customer or an Advocate;
2.1.21"User" means any natural or juristic person who accesses or uses the Platform in any capacity;
2.1.22"Website" means ww2.auxcon.co.za, auxattorney.com, web.auxconlegal.com and all associated sub-domains and landing pages.
2.2A reference to one gender includes the other genders. The singular includes the plural and vice versa. A reference to a natural person includes a juristic person and vice versa.
2.3Unless stated otherwise, a reference to "days" means calendar days unless Business Days are expressly specified.
2.4Clause headings are for convenience only and do not affect the interpretation of the Standard Terms of Service.
3.ELIGIBILITY AND REGISTRATION
3.1Anyone may access the Website for informational purposes.
3.2Use of AuxAttorney is limited to attorney firms and legal practices that have registered and accepted the Attorneys SaaS Agreement through the online registration process at web.auxconlegal.com/onboarding/register.
3.3Use of AuxGenie, the Advocate Web Application and the Practice Management Service is limited to Advocates who have registered and accepted the Advocates SaaS Agreement, in the AuxBrief Essentials or AuxPractice tier, including during any free period.
3.4All subscription fees are governed by the applicable SaaS Agreement between Auxcon and the Subscriber, entered into through registration on the Website.
3.5By registering on the Platform, you represent and warrant that:
3.5.1you are at least 18 years of age and have the legal capacity to enter into a binding agreement;
3.5.2all registration information you provide is accurate, current, and complete;
3.5.3you are authorised to act on behalf of any entity you purport to represent; and
3.5.4your use of the Platform does not violate any applicable law or regulation.
4.ACCOUNT RESPONSIBILITIES AND SECURITY
4.1You are responsible for keeping your login credentials confidential and for all activity under your accounts.
4.2You agree to:
4.2.1provide accurate, current, and complete registration information and update it when Auxcon requires or when it changes;
4.2.2keep your password secure and not share login credentials with third parties;
4.2.3not use any other User's account without express consent from that User;
4.2.4notify us immediately at supports@auxcon.co.za if you become aware of unauthorised access to or use of your account;
4.2.5not circumvent any usage limits, access controls, or security measures implemented on the Platform.
4.3Auxcon shall not be liable for any loss or damage arising from your failure to comply with your obligations under clause 4.
5.DESCRIPTION OF THE PLATFORM AND SERVICES
5.1Auxcon is a legal technology company that provides a facilitation platform for digital collaboration between Attorneys and Advocates. Auxcon is not a legal practice and does not provide legal advice. Users are solely responsible for professional decisions made in connection with their use of the Platform.
5.2The Platform comprises the following services:
5.2.1Website: The Auxcon corporate websites at ww2.auxcon.co.za and auxattorney.com provide information about Auxcon's products and services and facilitate registration and onboarding.
5.2.2AuxAttorney Digital Briefing Platform: A platform that enables Attorneys to brief Advocates electronically, manage briefs, and facilitate professional interaction between Attorneys and Advocates in a secure digital environment.
5.2.3AuxGenie Advocate Application: A companion mobile application and web portal that enables Advocates to receive and manage briefs, generate invoices, and interact with Attorneys through the Platform.
5.2.4Practice Management Service: Billing, invoicing, reconciliation, debtor-administration and practice-reporting services for Advocates, delivered through the Advocate Web Application under the Advocates SaaS Agreement (the AuxPractice tier), with Invoice Assistant, Reconciliation, Debtor Management and Ad hoc Debt Collections available from Auxcon's practice management team as separately charged add-on services.
5.3AuxAttorney and AuxGenie together form AuxBrief, Auxcon's digital briefing system.
5.4The availability and scope of specific services may vary depending on the User's subscription level and the applicable SaaS Agreement.
6.PERMITTED USE AND PROHIBITED CONDUCT
6.1You may use the Platform only for lawful purposes and in accordance with the Standard Terms of Service, your SaaS Agreement (if applicable), and all applicable laws.
6.2When using the Platform, you agree not to:
6.2.1copy, modify, distribute, or create derivative works of any part of the Platform or its Content for any commercial purpose without our prior written consent;
6.2.2use any automated means, including data scraping, robots, spiders, or similar technologies, to access or collect information from the Platform;
6.2.3introduce any viruses, malware, Trojan horses, worms, or other malicious code to the Platform;
6.2.4attempt to gain unauthorised access to our systems, networks, servers, or other infrastructure;
6.2.5use the Platform for any unlawful purpose or in any way that violates applicable laws, including the CPA, POPIA, or the Legal Practice Act 28 of 2014;
6.2.6interfere with or disrupt the integrity or performance of the Platform or the data contained in it;
6.2.7impersonate any person or entity, or misrepresent your affiliation with any person or entity;
6.2.8use the Platform in a manner that could damage, disable, overburden, or impair our servers or networks; or
6.2.9engage in any conduct that restricts or inhibits any other User's use or enjoyment of the Platform.
6.3Auxcon reserves the right to investigate suspected violations and to suspend or terminate accounts of Users who contravene any of the prohibitions above, without prejudice to any other rights or remedies available to Auxcon.
7.INTELLECTUAL PROPERTY
7.1All Content on the Platform, including text, graphics, logos, trademarks, service marks, trade names, software, databases, and the way these materials are arranged and compiled, together with all underlying source code and object code, is the exclusive property of Auxcon or its licensors. It is protected by the laws of the Republic of South Africa, including the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and applicable international intellectual property treaties.
7.2The trademarks "Auxcon", "AuxAttorney", "AuxGenie", "AuxBrief", "AuxPractice", and all associated logos, names, and design marks are Auxcon’s registered or unregistered trademarks. Nothing in the Standard Terms of Service grants you any right, title, or interest in Auxcon's Intellectual Property.
7.3Subject to your compliance with the Standard Terms of Service, Auxcon grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform and its Content for your personal and professional purposes in connection with Auxcon’s services. This licence does not include the right to:
7.3.1sublicense, sell, resell, transfer, assign, or distribute the Platform or its Content;
7.3.2modify, reverse-engineer, decompile, or disassemble any part of the Platform;
7.3.3use the Platform or its Content to build a competing product or service; or
7.3.4use Auxcon's trademarks without prior written consent.
7.4All rights not expressly granted in the Standard Terms of Service are reserved by Auxcon.
8.THIRD-PARTY SERVICES AND LINKS
8.1The Platform uses certain third-party services to provide its functionality, including:
8.1.1Meta Platforms Inc. (WhatsApp Business API): Auxcon uses Meta Platforms Inc.’s WhatsApp Business API to send approved notification templates to Advocates and to receive messages from Advocates who use the Practice Management Service. Meta's Privacy Policy (available at https://www.facebook.com/privacy/policy/) applies to data processed through WhatsApp. Auxcon has no control over Meta's data practices and is not responsible for Meta's processing of personal information.
8.1.2Microsoft Azure: The Platform's cloud infrastructure is hosted on Microsoft Azure in data centres located in the Republic of South Africa. Data storage and processing comply with Microsoft's security and privacy standards, subject to Auxcon's data processing agreements with Microsoft.
8.1.3Payment service providers: Subscription fees may be paid by electronic funds transfer (EFT), debit order, or through a third-party payment service provider appointed by Auxcon, whose terms apply to the payment transaction. Auxcon does not store card details on its own servers. Practitioners' banking details and uploaded bank statements are stored and processed only as described in the Privacy Policy.
8.1.4Connected systems: accounting, practice-management and document systems that a Subscriber elects to connect to the Platform, which act on the Subscriber's instruction. A current list of Auxcon's third-party service providers is published on the Website.
8.2The Platform may contain links to third-party websites or services that Auxcon does not own or control. The links are provided for convenience only. Auxcon does not endorse those websites or services and is not responsible for their content, privacy policies, or practices.
8.3Your use of third-party services is at your own risk and is subject to the terms and conditions of those third parties.
9.DISCLAIMERS
9.1The Content provided on the Platform is for general informational purposes only. It does not constitute legal, financial, or any other form of professional advice. You should not rely on any information on the Platform as a substitute for professional advice tailored to your specific situation.
9.2Auxcon is a facilitation platform only. It facilitates the briefing relationship between Attorneys and Advocates but does not practise law, provide legal opinions, or participate in legal decision-making. Users are solely responsible for their professional decisions and the conduct of their practices.
9.3To the fullest extent permitted by law, the Platform and all Content are provided “as is" and “as available”. Except as expressly warranted in a SaaS Agreement, Auxcon disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, non-infringement, and uninterrupted availability.
9.4Auxcon does not warrant that:
9.4.1the Platform will be uninterrupted, error-free, secure, or available at any particular time;
9.4.2any errors or defects in the Platform will be corrected within any particular timeframe;
9.4.3the Platform will provide any desired or anticipated outcome to the User; or
9.4.4any Content or data transmitted through the Platform will be free from viruses or other harmful components.
10.LIMITATION OF LIABILITY
IMPORTANT NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008:
The following clauses limit or exclude Auxcon's liability, require the User to assume risk, or constitute an acknowledgement of fact by the User. These clauses are in bold and are drawn to your attention as required by section 49 of the CPA. Please read them carefully and make sure you understand their effect before accepting the Standard Terms of Service.
In plain language: The clauses below mean that if something goes wrong while you use the Platform—for example, if you lose data, suffer financial loss, or lose access—Auxcon’s legal responsibility to compensate you is limited. You accept certain risks associated with using a technology platform.
10.1To the maximum extent permitted by applicable law, Auxcon, its directors, shareholders, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:
10.1.1your access to, use of, or inability to use the Platform;
10.1.2your reliance on information or Content available on the Platform;
10.1.3any unauthorised access to or alteration of your data or transmissions;
10.1.4any interruption, suspension, or discontinuation of the Platform; or
10.1.5any conduct or content of any third party on the Platform.
10.2This limitation applies whether the claim is based on warranty, contract, delict (tort), statute, or any other legal cause of action, including but not limited to loss of profits, loss of goodwill, loss of data, loss of business opportunity, or the cost of procurement of substitute goods or services.
10.3To the maximum extent permitted by law, Auxcon's total aggregate liability to you for direct loss arising out of or in connection with the Standard Terms of Service shall not exceed the greater of the total fees paid by you to Auxcon in the 12 (twelve) months immediately preceding the event giving rise to the claim, or R5 000 (five thousand Rand). Where you are a Subscriber, the liability cap in your SaaS Agreement applies instead.
10.4Nothing in the Standard Terms of Service is intended to exclude or limit liability that cannot be excluded or limited by law, including liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by Auxcon's negligence, or any right that cannot be excluded under section 51 of the CPA.
11.INDEMNITY
IMPORTANT NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008:
This clause requires you to indemnify (compensate) Auxcon for certain losses. In plain language: if Auxcon suffers a loss because of something you did or failed to do while using the Platform, you agree to reimburse Auxcon for that loss, including legal costs.
11.1You agree to indemnify and hold Auxcon, its directors, shareholders, employees, officers, and agents harmless against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal costs on an attorney-and-client scale) arising from or in connection with:
11.1.1your access to or use of the Platform;
11.1.2your violation of the Standard Terms of Service or any applicable SaaS Agreement;
11.1.3your violation of any applicable law, statute, regulation, or third-party right; or
11.1.4any claim by a third party arising from your use of the Platform or your Content.
11.2This indemnity shall survive the termination or expiry of the Standard Terms of Service.
12.PRIVACY AND DATA PROTECTION
12.1Your use of the Platform is subject to Auxcon's Privacy Policy, which is published separately on the Website and incorporated into the Standard Terms of Service by reference. The Privacy Policy explains how Auxcon collects, uses, stores, discloses, and protects personal information obtained from Users.
12.2For the purposes of POPIA:
12.2.1Auxcon acts as a responsible party for personal information it collects directly from Users for account management, billing, the Practice Management Service, and platform administration;
12.2.2Auxcon acts as an operator for personal information that Customers upload as part of their client data (including matter information and brief documentation). Auxcon processes that data only on the documented instructions of the Customer.
12.3Personal information processed on the Platform is stored in the Republic of South Africa.
12.4Auxcon's Information Officer, Leigh-Ann Fourie, may be contacted at leigh-ann@auxcon.co.za or +27 61 231 4070 for data-protection enquiries or to exercise rights under POPIA.
12.5By using the Platform, you acknowledge that you have read and understood the Privacy Policy. Where POPIA requires consent, you provide consent through the relevant opt-in mechanism described in the Privacy Policy.
12.6Where a User is a legal practitioner, Auxcon may disclose limited information relating to non-payment of practitioners’ fees and related professional-conduct matters to a Regulatory Body, including the GCB, a constituent Bar Society of the GCB, and the LPC, for purposes of maintaining the GCB Defaulters List and lodging or processing related professional-conduct complaints. Any disclosure is made in accordance with the applicable SaaS Agreement and the Privacy Policy.
12.7The Platform uses cookies and similar technologies as described in the Cookie Policy section of the Privacy Policy. Strictly necessary cookies may be used without opt-in consent where permitted by law. Non-essential analytics and preference cookies require opt-in consent and may be managed through the cookie-consent banner or browser settings.
12.8Access to records held by Auxcon may be requested under the Promotion of Access to Information Act 2 of 2000. Auxcon's PAIA manual is available at ww2.auxcon.co.za/paia.
12.9De-identified Data: Auxcon may derive De-identified Data from Platform usage, briefing, invoicing and payment activity and may use it for product improvement, industry research, benchmarking and reporting, and share it with Regulatory Bodies and commercial partners. De-identified Data does not identify, and cannot reasonably be used to identify, any User, client, Matter or data subject, and is not personal information for the purposes of POPIA.
12.10Industry Payment Reports: Auxcon compiles reports of law firms' payment performance on Advocates' invoices issued through the Platform, derived from payments reconciled on the Platform, including average days to payment and the number of invoices paid, and makes them available to registered Advocates for practice-management purposes. These reports identify the law firm but not the Advocate, and are not De-identified Data. Auxcon processes this information as a responsible party on the basis of section 11(1)(f) of POPIA. The processing and a law firm's rights to object to the processing and to request correction are described in clauses 12.5 to 12.7 of the Privacy Policy and in the SaaS Agreements.
13.CONSUMER PROTECTION ACT NOTICE
13.1To the extent that the CPA applies to a transaction contemplated by the Standard Terms of Service, the following provisions are specifically drawn to your attention:
NOTICE IN TERMS OF SECTIONS 22, 49 AND 51 OF THE CONSUMER PROTECTION ACT 68 OF 2008
1. PLAIN LANGUAGE (s22): The Standard Terms of Service are written in plain and understandable language as required by section 22 of the CPA. If any provision is unclear, you may ask Auxcon for clarification at supports@auxcon.co.za before accepting them.
2. ATTENTION TO RISK-SHIFTING CLAUSES (s49): Clauses 9 (Disclaimers), 10 (Limitation of Liability), and 11 (Indemnity) of the Standard Terms of Service limit or exclude Auxcon's liability to you, require you to assume risk, require you to indemnify Auxcon, or serve as an acknowledgement of fact. These clauses are in bold and are specifically drawn to your attention as required by section 49(1) of the CPA.
3. NON-EXCLUDABLE RIGHTS (s51): Nothing in the Standard Terms of Service is intended to contravene section 51 of the CPA. Any provision that would contravene section 51 is deemed to be severed only to the minimum extent necessary to make the Standard Terms of Service compliant. Your statutory rights under the CPA, including the right to fair and honest dealing, the right to fair and reasonable terms and conditions, and the right to the quality and safety of goods and services, are not excluded.
4. CANCELLATION: You may stop using the Platform at any time. A subscription is not a fixed-term agreement and may be cancelled on 30 (thirty) days' notice under the applicable SaaS Agreement. Section 14 of the CPA applies only if a fixed-term arrangement is agreed in writing.
13.2Auxcon shall comply with its obligations under the CPA in its dealings with Users who qualify as consumers under the CPA.
14.AMENDMENT OF THE STANDARD TERMS OF SERVICE
14.1Auxcon may amend or replace the Standard Terms of Service at any time, including by inserting, changing, or deleting provisions.
14.2An amendment takes effect when the revised version is published on the Website with an updated effective date. If the CPA applies, Auxcon will give reasonable notice of any material amendment in the manner required by the CPA.
14.3Your continued use of the Platform after an amendment is published constitutes your acceptance of the amended Standard Terms of Service. If you do not agree with an amendment, you must stop using the Platform and, where applicable, terminate your SaaS Agreement in accordance with its terms.
14.4Material amendments affecting your rights or obligations will be communicated to registered Users via e-mail at least 7 (seven) days before taking effect.
15.SUSPENSION AND TERMINATION
15.1Subject to any notice period in your SaaS Agreement, Auxcon may suspend or terminate your access to the Platform or any part of it if:
15.1.1you breach any provision of the Standard Terms of Service or your SaaS Agreement;
15.1.2Auxcon is required to do so by law, regulation, or court order;
15.1.3Auxcon reasonably believes that your account has been compromised or is being used fraudulently;
15.1.4your continued access poses a security risk to the Platform or other Users; or
15.1.5you fail to pay any amounts due to Auxcon under your SaaS Agreement.
15.2Upon termination:
15.2.1your right to access and use the Platform will immediately cease;
15.2.2Auxcon may delete your account and associated data in accordance with the Privacy Policy, your SaaS Agreement and applicable law;
15.2.3all provisions of the Standard Terms of Service that by their nature should survive termination will survive, including clause 7 (Intellectual Property), clause 10 (Limitation of Liability), clause 11 (Indemnity), clause 16 (Governing Law and Dispute Resolution), and clause 17 (General).
15.3You may terminate your use of the Platform at any time by ceasing to access it. Where you are a Subscriber under a SaaS Agreement, termination of services is governed by that SaaS Agreement.
16.GOVERNING LAW AND DISPUTE RESOLUTION
16.1The Standard Terms of Service are governed by and shall be construed in accordance with the laws of the Republic of South Africa.
16.2Any dispute arising out of or in connection with the Standard Terms of Service, including a question about their existence, validity, or termination, shall be resolved as follows:
16.2.1Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations once either party has formally declared the dispute in writing.
16.2.2Mediation: If the dispute is not resolved through negotiation within 14 (fourteen) days, it shall be referred to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) before an accredited mediator. The mediation shall be completed within 30 (thirty) days after referral, and the parties shall share the costs equally.
16.2.3Arbitration: If mediation fails or is not completed within that period, the dispute shall be referred to and finally resolved by arbitration under the commercial arbitration rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator may regulate the proceedings to ensure that the arbitration is completed within 60 (sixty) days after referral. The arbitration shall take place in Pretoria, Gauteng.
16.3The dispute-resolution provisions in this clause do not prevent either party from approaching a court of competent jurisdiction for urgent interim relief while the dispute-resolution process is pending.
17.GENERAL
17.1Severability: Each term and condition in the Standard Terms of Service is separate and severable. If a court of competent jurisdiction finds any term or condition unenforceable, invalid, or illegal, the remainder of the Standard Terms of Service remains enforceable and effective to the extent that their purpose and context permit.
17.2Non-waiver: A failure or delay by Auxcon to enforce any provision of the Standard Terms of Service is not a waiver of that provision. Auxcon’s rights remain available notwithstanding any previous failure or delay.
17.3Entire Agreement: The Standard Terms of Service, together with the Privacy Policy and any applicable SaaS Agreement, constitute the entire agreement between you and Auxcon regarding your use of the Platform. If additional terms apply to a Customer under a SaaS Agreement, the Standard Terms of Service supplement that SaaS Agreement.
17.4Cession and Assignment: You may not cede, assign, or delegate any right or obligation under the Standard Terms of Service to a third party without Auxcon’s prior written consent. Auxcon may cede or assign its rights and obligations under the Standard Terms of Service to any successor, affiliate, or acquirer of all or substantially all of its business or assets.
17.5Notices and Domicilium: For purposes of the Standard Terms of Service, including the giving and receiving of notices and legal process, the parties choose the following addresses as their respective domicilium citandi et executandi:
17.5.1Auxcon: 257 Brooklyn Road, Brooklyn, Pretoria, 0181 (Equity Park, Building B, 1st Floor); E-mail: rosemarie@auxcon.co.za.
17.5.2User: the physical address and email address provided at registration, as updated from time to time.
17.6An e-mail notice is deemed to have been received on the date of transmission unless the contrary is proved. A registered-post notice is deemed to have been received 7 (seven) business days after posting.
17.7Force Majeure: Auxcon shall not be liable for any failure or delay in performing its obligations if the failure or delay results from a cause beyond Auxcon's reasonable control, including acts of God, fire, flood, earthquake, pandemic, civil unrest, acts of government, power outages, telecommunications failures, or internet service provider failures.
18.ELECTRONIC ACCEPTANCE AND CONSUMER INFORMATION
18.1These Standard Terms of Service are concluded electronically in accordance with the ECT Act.
18.2Under section 11 of the ECT Act, an electronic signature or other electronic indication of acceptance, including a click-wrap mechanism, is not without legal force and effect merely because it is electronic.
18.3By clicking the "I Accept" or "I Agree" button, ticking an acceptance checkbox, or continuing to access and use the Platform after being presented with the Standard Terms of Service, you:
18.3.1acknowledge that you have had a reasonable opportunity to read and review the Standard Terms of Service;
18.3.2confirm that you understand the meaning and legal effect of the Standard Terms of Service, including the clauses that limit or exclude Auxcon's liability (clauses 9, 10 and 11);
18.3.3consent to transacting electronically in terms of section 11 of the ECT Act; and
18.3.4agree to be bound by the Standard Terms of Service as if you had signed them in person.
18.4Your electronic acceptance creates a valid and binding agreement under South African law and satisfies the requirements of section 13 of the ECT Act for the formation of an agreement.
18.5Auxcon will store a record of your acceptance and may produce it as evidence of your agreement to the Standard Terms of Service.
18.6Before you electronically accept the Standard Terms of Service or place an order through the Platform, Auxcon will provide a reasonable opportunity for you to review and correct the information you have entered and to withdraw from the transaction, as required by section 43(2) of the ECT Act. You consent to the use of data messages for the transaction.
18.7For purposes of section 43(1) of the ECT Act, the following information about the supplier of the Platform applies:
18.7.1Full name and legal status: Auxilium Consultorum (Pty) Ltd, a private company incorporated in the Republic of South Africa, trading as Auxcon;
18.7.2Registration number and place of registration: 2011/148303/07, Companies and Intellectual Property Commission, Republic of South Africa; VAT registration number 4840273892;
18.7.3Office bearers: Rose-Marie van den Bogert (sole director);
18.7.4Physical address: 257 Brooklyn Road, Brooklyn, Pretoria, 0181 (Equity Park, Building B, 1st Floor);
18.7.5Telephone and e-mail: +27 12 343 9124; info@auxcon.co.za (general), supports@auxcon.co.za (support), rosemarie@auxcon.co.za (legal notices);
18.7.6Website: ww2.auxcon.co.za, where the Standard Terms of Service, the Privacy Policy and the PAIA manual are published;
18.7.7Membership of self-regulatory or accreditation bodies: none. Auxcon is the appointed system provider to the General Council of the Bar of South Africa for the Defaulters List;
18.7.8Description of services: AuxAttorney digital briefing and matter management for attorney firms; AuxGenie and the Advocate Web Application for Advocates (AuxBrief Essentials); the Practice Management Service for Advocates (AuxPractice) with separately charged add-on services;
18.7.9Price: subscription tariffs are published on the Auxcon web portal and displayed before acceptance of a SaaS Agreement; all prices are exclusive of VAT at the prevailing rate;
18.7.10Manner of payment: electronic funds transfer, debit order or a third-party payment service provider appointed by Auxcon;
18.7.11Delivery and performance: online access to the Platform is activated on completion of registration and acceptance of the applicable SaaS Agreement;
18.7.12Cancellation and refund policy: subscriptions are month to month and may be cancelled on 30 (thirty) days' notice under the applicable SaaS Agreement; pre-paid fees for the unexpired portion of a billing cycle are not refunded except where the Subscriber cancels for Auxcon's material breach; where section 44 of the ECT Act applies, a consumer may cancel within 7 (seven) days after concluding the transaction without reason or penalty, subject to section 42(2);
18.7.13Security procedures and privacy: as set out in the Privacy Policy, including encryption in transit and at rest, role-based access control and multi-factor authentication;
18.7.14Record of the transaction: Auxcon retains the record of acceptance and the accepted version of each agreement, which a Subscriber may download from the account portal;
18.7.15Alternative dispute resolution: mediation and arbitration administered by the Arbitration Foundation of Southern Africa, as set out in clause 16.
18.8If you enter into an electronic consumer transaction to which section 44 of the ECT Act applies, you may cancel the transaction without giving a reason or incurring a penalty within the cooling-off period provided by that section, subject to the exceptions and conditions in the ECT Act.
HOW THESE TERMS ARE ACCEPTED
These Standard Terms of Service are published here for reference. Acceptance takes place electronically on the Auxcon Platform itself: you accept them when you complete the online registration and onboarding process, or when you accept the applicable SaaS Agreement, by clicking the "I Accept" or "I Agree" button or ticking the acceptance checkbox presented to you at that point.
By accepting on the Platform you confirm that you have read and understood these Standard Terms of Service, including the clauses that limit or exclude Auxcon's liability, exclude warranties and require you to indemnify Auxcon (clauses 9, 10 and 11); that you consent to transacting electronically and to the use of data messages in accordance with the ECT Act; and that your electronic acceptance is legally binding. Auxcon retains a record of that acceptance as set out in clauses 18.5 and 18.7.14.
— End of Standard Terms of Service —
