Terms & Conditions

Terms and Conditions of Use

Updated: June 2020

Welcome:

Your access to and use of any of the Services is bound by these Terms and Conditions of Use (“Terms”), whether you use paid for or unpaid Services.  These Terms are between Kleva Contracts (Pty) Ltd and you, or the entity you represent if you are using the as an employee or agent of an organisation (you are agreeing to these Terms on behalf of your organisation and represent that you’re authorised to do so).  You will also be bound by our Privacy and POPI policy.

You must be of legal age to enter into contracts to use the Services (18).  If you are under 18 you may not use this Site.

The Site is available via computer and/or using a mobile device. The Site has specifically been developed for the use of certain mobile devices and/or using a computer. It is therefore assumed that you (a) understand the functionality and restrictions of your smartphone/device and/or computer and (b) understand and are bound by any other terms and conditions that exist when using the smartphone/device and/or computer, and any networks that may provide services to the smartphone/device.

Any clauses which include the undertaking of risk, liability or providing an indemnity have been highlighted in bold and underlined.

Acceptance of the Terms and Conditions

Kleva permits the use of the Site subject to these Terms and Conditions and our Privacy and POPI Policy. By using, accessing and/or downloading from the Site in any way, you are deemed to have accepted all of the Terms and Conditions unconditionally. You must not use the Site if you do not agree with any of the Terms and Conditions.

If there is any provision of these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Conditions or continue using the Site.

Who we are:

Kleva Contracts (Pty) Ltd (“Kleva”) is a company registered in terms of the company laws of South Africa with registration number 2018/ 083372/07.  Kleva is a technology company and not a law firm.

Kleva is an online software service which allows users (businesses and individuals) to create documents through self-help, find legal information and provides a space where entrepreneurs and legal professionals can find each other.  These services are offered on www.klevacontracts.co.za (“the Site”).

Kleva is not a law firm or legal advisor.  We are not in legal practice and cannot dispense legal advice or represent you in litigious and non-litigious matters.  We don’t review anything you provide us or the documents you create or will create on the Kleva platform for legal accuracy, draw legal conclusions, provide opinions about your choice of documents, or apply the law to the facts. Our services are not a substitute for professional advice including legal, business and tax advice provided by a professional qualified in your jurisdiction.

Please note that communications between you and Kleva may not be protected as privileged communications under legal professional privilege as Kleva is not a law firm. 

What we do:

Kleva provides the following to Users (“Services”):

  • Create a Contract: Online self-help and document creation;
  • Legal ABC’s: Legal information, videos and blogs;
  • Ask a Lawyer and Chat: Online legal questions and support;
  • Network Lawyers: An advertising platform which connects Users to law firms and legal professionals within the Kleva network (“Network Lawyers”)
  • Trademark reports and registrations;
  • Document reviews.

Create a Contract

We try to make our document creation as flexible as possible to meet your needs, however, we can’t cover all possible situations and we can’t guarantee that the documents created will be suitable for all of your needs or fit all circumstances.

We can’t guarantee that the documents generated online with your inserted information or changes you have made after generating the document offline, will be fit for purpose, legally defensible or free from error as that would be giving legal advice and we can’t do so. If you are unsure about anything you must consult a lawyer.

Legal ABC’s and general site content:

We try to keep our site updated and relevant. The law and interpretation of the law is constantly changing so we can’t guarantee that the contents of the site are complete and can be relied upon. The information on the site is not legal advice and is merely informational.
If you require legal advice on your particular circumstances or rights you should consult with a lawyer.

Ask a Lawyer and Live Chat:

These services are available to users who have accessed certain paid Services, whether by Subscription or per document purchases.  The Ask a Lawyer and Live Chat Services are manned by qualified third party lawyers who are not employees or agents of Kleva and we bear no responsibility for the content or quality of the advice provided by them to you while you utilise such
Services.  You can read more about this below under “Network Lawyers advertising platform”.

Ask a Lawyer and Live Chat are designed to assist you in getting the best out of the Services, contract creation in particular, but do not constitute legal advice from Kleva.  If you are in doubt you should contact a legal professional for advice.

Network Lawyers advertising platform:

We offer a listing service for law firms and legal professionals.  This is primarily an advertising platform where legal professionals can market their services to Users of other Services and not a lawyer referral service.  This listing is free of charge.
It is up to you to engage the legal professional or not.  If you choose to engage a legal professional through the Kleva Lawyers listing the attorney-client relationshipthat arises will be between you and the legal professional.  You are free to choose a legal profession of your choice outside of the Kleva site or from the available legal professionals listed as Network Lawyers. 

  • Network Lawyers are third-party independent contractors who carry their own professional indemnity insurance through the Fidelity Fund and have agreed to provide online answers, Live Chat, limited consultations or other basic legal services to Kleva Users.
  • Kleva provides information and an advertising platform for legal professionals and does not endorse or recommend any legal professional, including any of the Network Lawyers.  Kleva doesn’t warrant or guarantee the qualifications or competency of any Kleva Lawyer or the standard of their work. You alone are responsible for assessing the quality and trustworthiness of all legal professionals you engage with.

Communicating with a Network Lawyer through Kleva is not something you are obliged to do.  If you choose to communicate with a Network Lawyer through any of the communication tools or functionality please bear in mind that:

  • They may review your document or answer your legal questions or provide an initial consultation. This interaction is a starting point for addressing basic legal questions. Any attorney-client relationship formed during this communication is between you and the Network Lawyer and does not include Kleva.
  • They may ask you for information regarding you and your business and/or legal matters in order to properly address your questions. You consent to sharing such personal information with Kleva and the Network Lawyer for the purposes of accessing the Services.  Kleva will have access to the communications between you and the Network Lawyer and any communications through the site for technical purposes.
  • When you contact a Network Lawyer through Kleva, you determine the extent of the engagement in length and intensity. If an attorney-client relationship is formed during that communication it can either end when the interaction with the Network Lawyer ends or continue if you engage the Network Lawyer for further services.
  • A Network Lawyer may require you to sign their own terms or engagement letter. Those terms do not include Kleva.  Except for certain special rates we have negotiated for our Users in advance, we don’t have any control over their rates or
    terms.

Limitation of liability: Kleva shall have no responsibility or liability of any kind for any professional services rendered by a legal professional you communicate with on or through the Site or any of the Services. Any use or reliance on these professional services is entirely at your own risk.

Unpaid Services

The following services are available at no charge to Users of the Site:

Create a Contract: Users may create documents online through the online self-help and document creation tool at no charge.  This Service is provided at no charge in order for Users to test-drive the system and become accustomed to the Create
a Contract tool before making a purchase, either by subscribing or purchasing a document/s.    You will only pay when you decide to complete and wish to download
the document.  Users are not permitted to download, copy, re-create, print, screenshot or otherwise replicate the document for any use or purpose without paying for a service through the Site.  Refer to our section on Prohibited Use for more detail.

Resolutions and affidavits:

You may create and download certain resolutions and affidavits at no cost using the Create a Contract functionality.  Kleva does not give legal advice, warrant or guarantee the suitability of these documents or apply the facts to your particular situation.  Shoud you be unsure or require legal advice we suggest that you
consult with a legal professional.

Ask-A-Lawyer and Live Chat: Users may contact a qualified third party lawyer, who is not an employee or agent of Kleva, providing services on the Site through the Ask-A-Lawyer form to ask basic legal questions.  Responses will be provide within 5 working days and a maximum of 3 responses will be permitted on the thread and a maximum of 3 uses each month
per User.

Live Chat may be made available at no charge while you use the Create a Contract Service during office hours between 9:00 – 17:00.  This Service, when available, is manned by a qualified third party lawyer, who is not an employee or agent of Kleva.  We can’t guarantee that a third party lawyer will be available at all times to assist you.  In the event that Live Chat is not online at the time that you post a query, the messages will be responded to in line with the Ask A Lawyer offering above.

Ask a Lawyer and Live Chat are designed to assist you in getting the best out of the Services, contract creation in particular, but do not constitute legal advice. If you are in doubt you should contact a legal professional for advice.

If you use the Ask a Lawyer or Live Chat service, the communications between you and the Kleva Lawyer who answers your question may not be protected as privileged communications under legalprofessional privilege.

Legal ABC’s:

You may access articles, blogs and video content on legal topics at no cost under Legal ABC’s and in the Create a Contract landing page where we summarise the contents and thrust of each document. Wetry to keep our site updated and relevant. The law and interpretation of the law is constantly changing so we can’t guarantee that the contents of the site are complete and can be relied upon. The information on the site is not legal advice and is merely informational.  If you requirelegal advice on your particular circumstances or rights you should consult with a lawyer.

Paid for Services

Pay-per-download:

You may, once you have created one or more documents throug Create a Contract, pay for one or more documents in order to download the document for use.  If you have created a Profile you will be able to view and access documents you have created in the past for
payment and download by adding the document to your cart and processing the payment.  You may pay through our third party payment portal.  Their services are governed by their own terms and conditions and privacy policy.  They may gather personal information from you for the purposes of processing your payment, as is set out in more detail in our Privacy and POPI Policy.

Subscription Services:

We also offer monthly subscription plans that include unlimited document creation, access to exclusive webinars and may include access to legal advice or services provided by law firms (“Subscription Services”) depending on which of the Subscription Service you choose and pay for.  The limits and content of the Subscription Services are set out under Pricing and contain a Basic Subscription and Premium Subscription, whether described in these terms or not. The legal professional who assists you when using the Premium Subscription is solely responsible for any legal advice given and services provided by them. The legal professional who provides you with legal advice (should you choose to utlise this service) does not act on behalf of or represent Kleva nor is Kleva in any way involved in the legal services provided by the legal professional to you other than providing a platform for the provision of the Services.

You agree and acknowledge that the legal professional providing the legal services that form part of the Premium Subscription service receives a portion of the subscription fee. Kleva does not share any part of the fee that you pay for professional legal services rendered by the relevant legal professional who assists you and is not part of any attorney-client relationship that may form between the legal professional and you.

We don’t make any representations or warrant the legal professional services carried out by the legal professionals, who are providing you with these services or that the services will be suitable for your particular circumstances.

Account Creation and Profile Management:

You may register on the Site to create an account and manage a profile.  This is not necessary in order to make use of the unpaid Services.  In the event that you wish to make use of the paid for
Services you will need to register and create an account.

We will store certain of your information including your name, surname, email address, physical address, password and login details in order to enable you to register, login and make use of the paid for Services.  This allows us to retain a space for you where you can view all your draft and final documents for download.  We also store cookies when you use the Site.  The prsonal information, both yours and other parties, you insert while creating documents will also be saved in your account and in our database in the form of these draft and final documents and will be protected.
Where you insert third parties personal information while creating a contract you warrant that you have their consent to do so and indemnify Kleva and hold us harmless against any claims or loss that may arise. You can read more about this in our Privacy Policy.

We also provide the opportunity for you to populate your profile with the details of the person who will be party to the documents you create (you as a human or your business entity).  This is not mandatory but is designed to save you time when creating documents by autocompleting the document with data from your profile. This will include the contracting entities name, registration or ID number, name abbreviation, the name
of the authorised signatory, a chosen physical address and a chosen email address as well as details of the business you are in.  You can read more about how this data is stored and protected in our Privacy Policy.

Support:

If you need technical help you can contact us by emailing support@klevacontracts.co.za. No part
of the support communications are legal advice.

We don’t provide legal assistance through the support channels or review your insertions in the Create-a-Contract function for correctness or completeness. We don’t apply the law to the facts or provide legal advice. We cannot represent you in court or similar  or assist with
litigation or compliance with laws and regulations.

Downgrade:

In the event that we can’t process payment on your chosen your method for any reason, we reserve the right to downgrade your paid subscription automatically to one that is lower priced or suspend your paid plan until your chosen payment method can be utilised again. It is your duty to keep your payment information with Kleva updated.

You may elect to downgrade your subscription by contacting support@klevacontracts.co.za for help with the downgrade.

If you decide to downgrade your subscription, Kleva reserves the right to collect fees from you to cover fees charged to Kleva or its agents or third party service providers on behalf of your account. You will still be able to access all documents created and paid for before you downgraded.

Funded Programs

Patron” means any entity, company, organisation or group that purchases or offers Services for or on behalf of its members or affiliates.  These include incubators, accelerators, hubs, co-working spaces, chambers of commerce and entrepreneurial networks among others.

Should your use of the Services be sponsored by a Patron you consent to us sharing certain data with the Patron for reporting, quality control and impact assessment purposes.  This data will include statistics on your usage of he Site but will
not include sharing of personal information or contracts created on the Site without your prior consent.

Termination:

Kleva may, in its sole discretion, terminate, suspend or downgrade your Service without notice at any time and for any reason.  Kleva may decide to do so if you do not comply with these terms or if your use of the Services are disruptive to the Services or to the use
of the Services by other Users.  We may also terminate or suspend your Services if your use potentially exposes Kleva to legal liability.
If Kleva downgrades, suspends or terminates your account you will be notified via the  email address associated with the account.

Kleva also reserves the right to change or cease any Service or part of a Service without notice to you on a temporary or permanent basis.  You confirm that Kleva will not be liable to you or anyone else as a result of a change, cessation
or discontinuation of any Service or subscription.

Retention of documents:

Kleva does not own any documents you upload or create on the Site.  You, however, grant Kleva the right to use the documents in relation to the provision of the Services to you.

You agree that Kleva will retain these documents and may be required to disclose them if required to do so by law in the event that:

  1. these terms are to be enforced;
  2. the rights and property of Kleva, other Users and other members of the public are to be protected;
  3. claims are made that the content of the documents may be in violation of third party rights;
  4. disclosure is required by law or by a courts, tribunals or valid requests made by governmental bodies in terms of legislation.

The Service requires the transmission of data across networks and systems.  You agree and acknowledge that Kleva has no responsibility or liability in the event that any content is deleted or not stored.

Prohibited Use:

You may only use the Services if they are lawful in your jurisdiction.  The fact that you can access the Site from your jurisdiction doesn’t mean that use is lawful. It’s your sole responsibility to ensure that use is lawful in your jurisdiction.  We reserve the right to cancel or suspend your subscription or account if your use of the Services is found to be unlawful or contrary to any of these terms on Prohibited Use.

You may not, under any circumstances:

  • Use Kleva in a frivolous, vexatious, or illegal manner.  Kleva will have sole discretion to decide whether your use falls in his category;
  • Use Kleva in a discriminatory manner that is contrary to the Constitution or any laws on equality;
  • hack, reverse engineer, “crawl” or “scrape” the Site directly or indirectly by using, crawlers, spiders, robots, scrapers, framing, iframes or RSS feeds;
  • access or attempt to access any information Kleva has not made available to you intentionally on the Site through your account and your access to paid for or unpaid for Services;
  • sell or distribute Kleva content without prior express written consent;
  • copy, screenshot, retype or replicate any Kleva content in an attempt to circumvent paying for Services;
  • Use Kleva in matters where you are represented by a legal professional who is not a Network Lawyer;
  • Use Kleva in a matter that directly or indirectly involves any Network Lawyer unless they are acting as your legal representative;
  • Use Kleva in a matter that directly or indirectly involves Kleva or any of its associates, agents, directors, shareholders, employees, or service providers; or
  • Use Kleva in a case that directly or indirectly involves your Patron, its agents, directors, employees, or service providers.

Kleva’s Services encompass a number of means of communication including Ask A Lawyer, Live Chat, email, phone calls, blog posts, videos and so forth.  You agree that you will only use these methods of communication for their proper and intended purpose and that you will not:

  • make offers to sell or buy anything or advertise in any manner except as specifically provided for by that Service.
  • harass, threaten, use obscene, inappropriate, indecent language or content or use defamatory language, use discriminatory language or hate speech, or in any way violate the rights or dignity of others by the content you post, distribute, publish or upload;
  • act unlawfully;
  • pretend to be someone else, represent yourself as acting for someone else or use a false identity or sign or create any documents as someone else or on behalf of someone else unless you are duly authorised to do so or upload or share documentation you are not authorised to;
  • access or use anyone else’s account, membership or subscription or use a voucher not provided to you;
  • upload or share any files which may be corrupted or contain viruses or that possess any attributes which might be harmful to the operation of a computer or software;
  • upload or share any content the rights to which belong to someone other than you without that person’s permission, including but not limited to intellectual property;
  • prevent any other User from enjoying the full use of the Services;
  • collect or procure any personal information without the consent of the data subject;
  • violate these terms or the Privacy Policy or other code of conduct applicable to the use of the Services;
  • breach any laws.

Kleva may monitor the communications across the Services and we have the right to, at our sole discretion, delete or remove any content that we consider Prohibited Use or as we are directed by the courts, a tribunal, Ombud or a similar body.

Refunds:

The email address to be used for all refund or cancellation related queries is: support@klevacontracts.co.za.

If you aren’t absolutely satisfied with the Services please email us so we can try to resolve this. We will try and address the issue or give you a refund or a voucher or credit.  Any requests for a refund should be made within 30 days of purchase with full details of the Service bought and why you are not satisfied with it.

We don’t offer refunds on trademark registrations as we can’t guarantee successful registration of a trademark, which is a decision of the Registrar of Trademarks, and specifically disclaim this.  We also can’t refund payments made to third parties, such as payments made by you to Network Lawyers through the platform.

If you have any queries regarding incorrect billing do email us on the above address as well.

Cancellation:

Annual or advance paid Subscriptions:

If you want to cancel a Subscription email us and you may apply for a pro-rated refund if your subscription was an annual subscription or paid for in advance (not monthly).

Monthly Subscription:

You may cancel a monthly subscription at any time with immediate effect, except during the first three months.  Where you cancel in the first three months and where you have downloaded or used six or more Paid Services during that three month period, the cancellation period shall be a three month period.  We reserve the right to cancel the Subscription immediately and levy a cancellation fee equal to three months Subscription fees.

Trademark Service

Kleva offers a Trademark search, report and registration service, through our Network Lawyers and/or third party service providers, facilitated on the Site.  You agree that Kleva will share certain personal information relating to you and/or your business with the third party service providers and/or Network Lawyer and with the CIPC Trademark registry to enable the provision of the Trademark Service.

The Trademark Service will require you to the complete a form including your:

  • Name
  • Address
  • Contact number
  • Email
  • Address for Service
  • Desired Trademark for registration
  • Logo and colours

Trademark registrations take place per class in which your business operates.  You will be required to consider in which classes you are interested in registering your trademark from the World Intellectual Property Organisation, Nice classification which is available for perusal here: http://www.wipo.int/classifications/nice/nclpub/en/fr/

The fee payable will be quoted to you before registration and will be levied per class in which the trademark is registered.

The Network Lawyers or third party service provider may generate a report advising you whether registration of the Trademark is advisable and highlighting any obvious risks of conflicts with existing Trademarks based on a search of the Trademark Registry database. This database is managed by the Trademark Registry and may contain errors and inaccuracies for which Kleva and its affiliates are not responsible.  The Trademark registry database does not contain details of holders of any common law (unregistered) Trademarks.

A fee is levied for the search and report before registration, if advisable.  It is entirely your decision whether to go ahead with the registration in one or more classes and with or without a logo and distinguishing colours.  Kleva and its third party service providers and Network Lawyers cannot be responsible for any error in capturing the application where such error is on the part of the Trademark registry.

There is no guarantee of a positive registration of a Trademark and this decision is in the hands of the Registrar or Trademarks.  The registration process can take between a few months and a few years.  The Registrar of Trademarks may request that you endorse your Trademark in some way, disclaim certain words or may or finally grant or deny your Trademark. Kleva, the Network Lawyers and third parties will not be liable for a failure to successfully register a Trademark or for any cease and desist communication received as a result of the lodging of a Trademark application or registration.

In order to register you will be required to give the Network Attorney or third party a Power of Attorney which will be created on the Site and will be included in the registration fee.  The power of attorney will include the name and address of the entity and will be signed by a person with authority to bind the company and will be shared with the CIPC Trademark registry.

Trademarks persist for 10 years before they are required to be renewed.  A renewal fee will be levied and paid to the Registrar of Trademarks.  Kleva, its third party service providers and Network
Lawyers will not be responsible for any deregistration of Trademarks for non-payment of the renewal fee or a lack of communication from you provided that we have given you 30 days’ notice that the Trademark is due for renewal by email to the address associated with your Account.  It is
your responsibility to keep your contact details up to date on the Site.  We will continue to use the last updated contact details we have available for you.  Its your duty to regularly email us an updated email contact on support@klevacontracts.co.za even if you are no longer a User of the Site.

You may request that Kleva, its third party service providers or Network Lawyers change the address for service on the CIPC Trademark registry so that someone else manages your trademark application or renewal in the future by completing the TM2 form.  We reserve the right to charge a nominal fee to do so.

You specifically consent to receiving communications, by any means we have of contacting you including email, sms or telephone, from Kleva, our third party service provider, the Network Lawyers or the office of the Registrar of Trademarks relating to the status of your Trademark application or renewal.

If Kleva does not receive full payment for the Trademark Services within the stipulated time period we retain the right to withdraw your application.
You agree that any loss or risk as a result of the withdrawal is your own and Kleva and its third party service providers and Network Lawyers will not be liable for any loss or damage caused.

Consent to communication

By creating an Account you agree that we can send you communications from time to time using the contact details you have provided us in your Account but usually through email.  These communications will include: newsletters, special offers, alerts of new content, recommendations of contracts or content suitable to you, updates and account details or other communications which you have specifically agreed to in these Terms and Conditions of Use.  If you don’t want to receive these communications you can click on the unsubscribe option on the bottom of emails or email: support@klevacontracts.co.za for any other form of communication.

Rights

License

As long as you are complying with these Terms and Conditions of Use you have a limited, non-exclusive, revocable license to use the Services as described and intended.  You may use the documents created on Kleva in electronic and physical form for your personal and business records. 

You can’t sell or distribute for gain or otherwise use any content on the Site for any purpose other than the limited rights granted to you on these Terms and Conditions.  Any sale or distribution of any content on the Site requires the written consent of Kleva in advance.   The sharing and distribution of links to Free Services and video and blog content in Legal ABC’s is specifically permitted and is designed to be shared via email and social media, however, such content may not be shared or distributed for gain without the written consent of Kleva in advance.

You grant Kleva and its affiliates a non-exclusive, perpetual, irrevocable and royalty free right to use, change, amend, publish, create works from, distribute, display and reproduce any content you create or transmit content on the Site  on any platform or media.  This license will exclude content relating to the documents created in Create-a-Contract or any documents uploaded for review and advice which shall be kept private.  The license shall include any suggestions, feedback or testimonials received from you.

Intellectual Property:

Kleva owns all the intellectual property and rights to the Services including but not limited to know-how, content, videos, blogs, sound, logos, copyrights, trademarks, images and designs except where these are used with the permission of and/or license from the owner.  Unless we expressly allow you to in these Terms and Conditions of Use you may not (and may not allow anyone else to):

  • Copy, change, reverse engineer, create copies or derivatives of, translate or reproduce any of the Services or content;
  • Sell, share, publish, lease, distribute, copy, edit or license any of the Services or content;
  • Tamper with, disable or attempt to counter act any security or technology features of the Services and content.

Kleva Contracts is a pending trademark with the CIPC Trademark Registry.  All the content, logos, pay-off lines, and Services on the Site are the sole copyright of Kleva unless stated otherwise.  Should you
believe that any content on the Site infringes your copyright please contact us on: support@klevacontracts.com

Third Party Content

The Site may contain content that is owned and created by third party contributors.  The Site may also contain links to third party sites.  These are provided as a courtesy and may be of interest to you.  The hosting of third party content or site links on the Site is not an endorsement of the content or the linked sites.  We do not have any rights over the content or logos or any copyrightable works contained in the content and links.  We are also not responsible for any reliance on the third party
content or linked sites or any loss or damage caused as a result of such reliance, use or any security issues which may arise as a result of the use of the linked site or reliance on the content.  You should review the content carefully and familiarise yourself with
the terms and conditions of those linked sites.

Limitations of liability

Your use of Kleva’s Services are at your own risk.  We make an effort to ensure that the content, Services and the underlying software are accurate, however, errors may occur.  You should consult a professional for advice when making decisions and should not rely on the information found on Kleva exclusively. 

All Services are provided “as is”.  Kleva, its suppliers, partners and associates hereby make no warranties about the Services.  Neither Kleva nor its suppliers, partners and associates shall be liable for any loss or harm of whatsoever nature including but not limited to consequential, special, direct or indirect. Kleva’s total liability for claims which relate to the Services shall not exceed R5000.00 or
the total paid by you to Kleva in the last 12 months, whichever is the greater.

You and anyone who may represent you upon your death, insolvency, disability or other agents and assigns agree that you release and hold Kleva and your Patron, if any, (including their employees, contractors, suppliers, partners and associates) harmless from any loss or harm of whatsoever nature including but not limited to consequential, special, direct or indirect, lawyer’s fees except
intentional wrongdoing or fraud.

You hereby indemnify and agree to step into the shoes of Kleva and your Patron, if any, (including their employees, contractors, suppliers, partners and associates) and hold us harmless against any loss or harm of whatsoever nature including but not limited to consequential, special, direct or indirect and lawyer’s fees arising out of your use of the Services.

Changes to Terms and Conditions

Kleva reserves the right to update and/or amend the Terms and Conditions from time to time without any notice, and you are accordingly encouraged to check the Site regularly. Any change will only apply to your use of the Site after the change is displayed on the Site. If you use the Site after such updated or amended Terms and Conditions have been displayed on the Site, you will be deemed to have accepted such
updates or amendments.

Availability and Termination

We will use reasonable endeavours to maintain the availability of the Site, except during scheduled maintenance periods, and reserve the right to discontinue providing the Site or any part of it with or without notice to you.

Kleva may in its sole discretion terminate, suspend and modify the Site, with or without notice to you. You agree that Kleva will not be liable to you in the event that it chooses to suspend, modify or terminate the Site.

Governing law

These Terms and Conditions are governed and interpreted in accordance with the laws of South Africa. Your continued use of the Site will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications and the like instituted by you or any other party, which are linked to any of these Terms and Conditions.

General

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Kleva to enforce any right in terms of these Terms and Conditions will not amount to a waiver of that right.

If any term or condition in these Terms and Conditions is declared invalid, the remaining Terms and Conditions will remain in full force and effect.

These Terms and Conditions set out the whole agreement between you and Kleva relating to the issues dealt with in these Terms and Conditions and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.

For all legal correspondence, our address is support@klevacontracts.com.

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