What does the monthly fee actually cover?

The scope set out in your chosen tier, executed by senior commercial attorneys. The fee covers our time, our judgement and our availability. It is not a deposit against hours. Disbursements (CIPC fees, sheriff and court fees, briefing of counsel where required) are billed at cost. VAT applies.

What happens if a matter falls outside the retainer scope?

We will tell you before any work begins, with an estimate and a clear basis for the fee. Typical examples include contested litigation, complex tax structuring or significant M&A execution. Embedded clients receive discounted rates on overflow work; Essential and Advisory clients are quoted at our standard commercial rate.

How long do I have to commit?

A one-month notice period after an initial three-month engagement. We are not interested in retaining a client who is not getting value, and the retainer is built to prove itself in the first quarter.

Who actually does the work?

A named primary attorney is allocated to your business and is your single point of contact. From Advisory upwards, a secondary attorney is named to provide continuity for leave, capacity and conflict cover. Junior support is used for administration only, never for advice.

How do you handle conflicts of interest?

We run a full conflict check before the engagement letter is signed. Where we act for businesses in the same sector, we will tell you upfront so you can decide whether to proceed. We will not act against a current retainer client, and we ringfence sensitive matters internally where appropriate.

Can I move between tiers?

At any time, with one month's notice. Most clients start at Essential or Advisory and move up as the business scales. We will also tell you when we think you are paying for more than you need - the retainer should match your business, not the other way around.

What is not included?

Court appearances, formal litigation, heads of argument, complex tax opinions, BEE verification audits and forensic investigations are not included. These are quoted separately or, for Embedded clients, managed at the discounted overflow rate.

Insights

Analysis26 November 2025

Why Every SaaS Business Needs a Data Processing Agreement, Now

For South African SaaS companies processing personal information, a POPIA-compliant DPA is essential, not optional. Here is why it matters and how to close the gap.

Why Every SaaS Business Needs a Data Processing Agreement, Now

For South African SaaS companies, personal information is at the centre of every product, integration, and customer relationship. POPIA makes one thing very clear: if you process personal information on behalf of your clients, a Data Processing Agreement (DPA) isn't optional, it's essential.

Why a DPA Matters

A DPA formally sets out:

The type of data you process
Your security and confidentiality obligations
Your breach-response duties
How long you store information
Your use of third-party sub-processors

It's the legal backbone that shows your clients you take data governance seriously.

The Common Gap

Many SaaS businesses rely solely on a website privacy policy. That covers your relationship with the general public, not your obligations to the customers whose data you actually process.

A privacy policy = public-facing.
A DPA = customer-facing.
POPIA expects both.

Why This Is Urgent

Enterprise clients in South Africa are increasingly making DPAs a mandatory contractual requirement. Without one, deals stall, onboarding is delayed, and procurement teams won't clear you.

Practical Next Steps

Map your data flows
Update your MSA/SLA
Implement a POPIA-compliant DPA
Identify and disclose all sub-processors
Align your privacy policy to your DPA

If you need your DPA, privacy policy, or full SaaS agreement suite professionally aligned with POPIA (and presented clearly for your clients), we can assist with a streamlined pack tailored to your platform.

Data ProtectionComplianceOperations