DCR Legal Consulting

DCR Legal Consulting DCR Legal Consulting specializes in drafting a variety of contracts and providing expert advice and opinions for small- and medium-sized businesses.

DCR Legal Consulting - Easing your Legal Needs - is a company established in terms of the laws of South Africa and provides expert legal advice, opinions and drafting of a large variety of contracts, supporting small to medium-sized businesses. Our expert team of specialists provides legal services in a variety of industries, including banking, financial, IT, communications, advertising and market

ing, event campaigns and many more. So, to ease your legal needs, give us a call on 083-4127417 or 021-6337373.

12/02/2016

Does your company have the necessary policies in place? No? Don't despair, because we can assist you and here's why:

It is important for your company to have policies in place relating to the monitoring and interception of communication in the workplace (i.e. an electronic communications policy), as well as a social media policy and inform your employees of the content of these policies.

A number of employees were dismissed in the past couple of years because of defamatory information that was published on social media. In Sedick & another / Krisray (Pty) Ltd [2011] 8 BALR 879 (CCMA), two employees were dismissed for bringing the company's name into disrepute by publishing derogatory comments about the owner of the company on social media. Since the internet is a public domain, users of certain social media platforms have the option to restrict access to their profiles, as well as the information that they publish. In terms of the RICA Act 70 of 2002 “any person… may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence”. Therefore, if a user’s profile is not blocked, other users can have access to the information that they have published – such user’s right to privacy then becomes questionable. Although each case is judged on its merits, a dismissal of an employee as a result of publishing derogatory comments/statements on social media may be viewed as fair.

Go ahead, LIKE OUR PAGE and call us on 083-4127417 or email us at [email protected] to ease your legal needs

09/02/2016

Social Media and the Law

“While conscience is our friend, all is at peace; however once it is offended, farewell to a tranquil mind.” - Mary Wortley Montagu

It is always better to do the right thing first time round to ensure that no offence is taken. So, when posting on any social media platform or taking pics of other people and sharing it on any social media platform, always take care because the more sites you share the pics, the risk of more people viewing the image is higher and thereby you risk offending someone out there. The same applies to any message you post on social media. If you want to avoid litigation, it’s best to take down the message or try not to share the pic on too many social platforms - So, try not to offend - be kind and maintain a tranquil mind.

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To ease your legal needs, call us on 083-4127417 or email us at [email protected]

26/01/2016

Have you reviewed any of your contracts or policies while your company has undergone significant changes or grown or have you reviewed your existing contracts in line with changes in the law? If not and you simply don't have the time to attend to this, call or email us and we'll do it for you cost-effectively.

20/01/2016

Advertising Agency Agreement:
This is a legal document that specifies the relationship between an advertiser and its advertising agency. An advertiser places advertisements in order to target customers and engages an advertising agency to create the advertising work.

By entering into an advertising agency agreement, the rights to the work created by the advertising agency are assigned to the advertiser for their use of the works created by the advertising agency and in return the advertiser agrees to pay the agency a certain amount. The services that need to be rendered, fees and payment structure, ownership and use of content developed during the term of the agreement is covered by and Advertising Agency Agreement.

If you need to enter into type of agreement, give us a call on 083-4127417 or email us on [email protected] to ease your legal needs.

20/01/2016

Are you in need of legal advice? We strive towards providing you quality, the most cost-effective and creative legal solutions for your business, the kind of which you and your business deserve.

Are you in need of:
• peace of mind.
• quality time spent on your most important strategic initiatives.
• low-cost legal services
• confidence that you are receiving the best legal advice for your business.
• consistency and continuity.
• detailed reports on the progress of your legal matters
• certainty for your business
• easing your legal needs.

Give us a call (083-412 7417) or email ([email protected]) for any additional information.

01/09/2015

Activation (Brand Experience) Agency Service Agreements: Before executing its marketing activities, a company will benefit from identifying which customer groups to target. If the focus is on fewer influencers only, activation can be more efficient and produce higher returns than expected. For companies, customer data is a significant source of information for planning marketing activation. A successful marketing activation will allow businesses to increase their profits and reach their strategic goals. However, a company can face challenges in that the market keeps evolving and an activation trigger that was active 6 months ago may no longer be active now. Since there are agencies that specialise in brand experience of a particular product you want to promote, it is advisable for companies to engage with an agency by entering into an Activation/Brand Experience Agency Service Provider Agreement. In this agreement it is important to clearly state your legal requirements but essentially, it is important to identify your key outcomes during a particular campaign. If you need to enter into type of agreement, give us a call on 083-4127417 or email us on [email protected] to ease your legal needs.

31/08/2015

Lease Agreements 4: When the lease expires, the tenant is obliged to return the leased premises in the same condition as when he took occupation, fair wear and tear excepted. Both parties should at the commencement and at termination of the lease, carry out a joint inspection of the property. If there’s no damage to the premises, the landlord must refund the deposit to the tenant within 7 days of the lease expiring. If the landlord or his representative fails to conduct an inspection, it would be regarded as if there was no damage to the premises. If however the premises were damaged, the landlord must refund the balance of the deposit within 14 days of the premises being repaired.

29/08/2015

Lease Agreements 3: When entering into a written lease agreement, it must contain certain specific clauses. These would include, full details and addresses of the landlord and tenant; a proper description of the dwelling; what deposit is to be paid; details of the rental amount to be paid; when, how and where rental payment is to be made; any increases to be applied and if so when and by what amount; under what circumstances the lease may be terminated; the duration of the lease; what additional charges the tenant would be liable for, for example lights and water payments etc. The lease agreement should also set out what the rights and obligations of both the landlord and the tenant are. More on lease agreements to come…

27/08/2015

Shareholders Agreement: When starting up a new business (a company) whether with friends, family or acquaintances, it’s important to enter into a Shareholders Agreement. Usually one feels and hope that nothing can go wrong in the future, but it is a reality that family, friends and acquaintances do fall out at times, which may result in a legal dispute related to the business.

A company’s Articles of Association provide protection to an extent, however, a Shareholders Agreement becomes important as it safeguards and gives you and your fellow shareholders more protection against a legal dispute scenario. This is so for the mere fact that the agreement will (i) set out the shareholders rights and obligations; (ii) regulate the sale of shares in the company; (iii) describe how the company is going to to be run; (iv) provide protection for the minority shareholders of the company; and (v) define how important decisions are to be made. More on shareholders agreements to come…

Go ahead, give us a call on 083-4127417 or email us on [email protected]

27/08/2015

Lease Agreements 2: The Rental Housing Act was created to protect the rights of both the landlord and the tenant and covers both urban and rural areas and. The Act limits the parties’ contractual ability because there are certain provisions which the parties are not allowed to agree to. The Consumer Protection Act also has an impact on certain residential leases but it does not supersede (replace/surpass/overtake) the Rental Housing Act, as this Act still governs residential leases to a large extent. The Rental Housing Act does not provide that leases should be in writing, but it is, but it is advisable that the lease agreement be reduced to writing to ensure proper protection for both landlord and tenant. In this way it is easier to refer to written points if the landlord and tenant are not sure what the terms and conditions of the lease are. More on leases to come…

25/08/2015

3. Lease Agreements 1: Also known as letting and hiring. A lease agreement is a reciprocal (mutual) agreement between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee, the temporary use and enjoyment of a thing, in whole or in part, or of his services or those of another person. The lessee, meanwhile, binds himself to pay a sum of money as compensation, or rent, for that use and enjoyment. There are generally two types of leases, long leases and short leases. A lease under ten years is regarded as a short lease, whereas long leases run from ten years sometimes even going up to ninety-nine years. Leases may also be registered at the Deeds Office. More on lease agreements to come…

21/08/2015

Purchase and Sale Agreements (SPA): This type of contract outlines the different conditions and terms that are related to the sale of goods and creates a legally binding contract between the buyer and seller. It is generally related to the sale and purchase of goods, rather than services and it can cover transactions of almost any type of goods. SPSA’s are commonly used for the sale of a home or other real estates. However, they are used in all industries and are usually used in the telecommunications space. There can be many pitfalls when a SPA is poorly drafted and unclear as to what the parties’ intentions are. It is therefore vital that all essential terms and conditions are covered in the contract to avoid a catastrophe and therefore it is important that businesses engage with lawyers to draft these contracts. So to avoid such a catastrophe, give us a call or email us to ease your legal needs.

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Cape Town

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+27834127417

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