Terms and Conditions
Effective Date: 1 July 2025
1. Introduction
1.1 Welcome to Otevana Legal ("Otevana", "we", "us", or "our"). Otevana is a cloud‑based practice management platform designed exclusively for law firms, enabling case file management, calendaring, invoicing, document creation, and client communications.
1.2 These Terms and Conditions ("Terms") govern your access to and use of the Otevana platform ("Platform"). By creating an account or using the Platform, you agree to be bound by these Terms and any additional policies referenced herein.
2. Definitions
2.1 "Account" means your individual or firm‑level registration on the Platform.
2.2 "Client Data" means all data, documents or materials uploaded to or hosted on the Platform by you or your Authorized Users.
2.3 "Authorized Users" means individuals you permit to access your Account (e.g. lawyers, paralegals, staff).
2.4 "Services" means the features and functionalities provided by Otevana.
3. Eligibility & Registration
3.1 You must be a qualified legal practitioner or a law firm to register an Account.
3.2 You represent and warrant that you are at least 18 years old and have the legal authority to bind your firm to these Terms.
3.3 During registration, you must provide complete, accurate and up‑to‑date information. You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account.
4. User Accounts & Access
4.1 We reserve the right to suspend or terminate any Account found to breach these Terms or applicable laws.
4.2 You shall assign unique login credentials to each Authorized User and ensure they comply with these Terms and any security protocols prescribed by us.
5. Subscription, Fees & Payment
5.1 Otevana operates on a subscription basis. The fees, billing frequency and payment terms are set out in your Order Form.
5.2 All fees are quoted in Namibian Dollars (N$) and are exclusive of applicable taxes, which you shall pay.
5.3 Payment is collected via third‑party gateways (e.g. PayGate, PayFast). You agree to their terms and conditions in respect of all transactions.
5.4 You must keep all billing, banking and contact information up-to-date. Failure to pay invoices by their due date may result in suspension of Services.
5.5 No refunds will be issued for unused portions of a paid subscription period, except as required by applicable law.
6. Use of the Platform & Acceptable Use
6.1 You shall use the Platform solely for lawful legal‑practice purposes and in compliance with all applicable ethical rules of legal practice.
6.2 Prohibited activities include, but are not limited to:
- a. Reverse engineering, decompiling or disassembling the Platform.
- b. Uploading malicious code, viruses or any material that infringes third‑party rights.
- c. Sharing login credentials with non‑Authorized Users.
7. Confidentiality & Data Protection
7.1 Otevana acknowledges that Client Data is confidential and subject to attorney‑client privilege. We will not access, use or disclose Client Data except as necessary to provide Services or at your instruction.
7.2 We implement industry- standard technical and organizational measures (encryption at rest and in transit, firewalls, access controls) to protect Client Data against unauthorized access or loss.
7.3 We will notify you of any data breach affecting your Client Data within 72 hours of discovery.
7.4 You retain all rights, title and interest in and to your Client Data. Upon termination, we will securely delete or return your Client Data in accordance with our Data Retention Policy.
8. Intellectual Property
8.1 Otevana and its licensors own all intellectual property rights in the Platform and related documentation. No rights are granted to you other than as expressly set forth in these Terms.
8.2 You grant Otevana a non‑exclusive, worldwide license to host, reproduce and transmit your Client Data solely to provide the Services.
9. Privacy
9.1 Our collection and use of personal information is governed by our Privacy Policy, incorporated herein by reference.
10. Warranties & Disclaimers
10.1 Otevana warrants that it will provide the Services in a professional and workmanlike manner.
10.2 EXCEPT AS SET OUT ABOVE, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
10.3 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, DATA OR USE.
11.2 OTEVANA'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO OTEVANA IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
12. Indemnification
12.1 You shall indemnify, defend and hold Otevana and its officers harmless from any claims, liabilities, damages or expenses arising from your misuse of the Platform or breach of these Terms.
13. Termination
13.1 Either party may terminate these Terms on 30 days' written notice to the other.
13.2 Upon termination, your right to access the Platform ceases. We will delete your Client Data within 60 days unless otherwise required to be retained by law.
14. Force Majeure
14.1 Neither party shall be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, strikes, power outages, or governmental action.
15. Governing Law & Dispute Resolution
15.1 These Terms shall be governed by the laws of the Republic of Namibia.
15.2 Any dispute arising under or in connection with these Terms shall be submitted to arbitration in Windhoek under the Arbitration Act 42 of 1965.
16. General Provisions
16.1 Amendments: Otevana may update these Terms by posting revised terms on the Platform. Continued use after changes constitutes acceptance.
16.2 Entire Agreement: These Terms, the Privacy Policy and any Order Forms constitute the entire agreement between the parties.
16.3 Severability: If any provision is held invalid, the remainder shall continue in full force.
16.4 Waiver: No failure to enforce any provision is a waiver of future enforcement.