Regional Variance Addendum
Relevant Jurisdiction: Republic of South Africa
This Regional Variance Addendum (the “Addendum”) is entered into between Litigationware Limited (the “Supplier”) and the Customer identified in the Order to which this Addendum is attached, and forms part of the Agreement between them. It applies only in respect of Services provided in, or in relation to, the Relevant Jurisdiction.
Part A — Standing Terms
1. Interpretation and defined terms
1.1 Capitalised terms used and not defined in this Addendum have the meanings given to them in the General Terms and Conditions, the Data Processing Terms or the AI Acceptable Use Policy (together, the “Standard Suite”).
1.2 “Relevant Jurisdiction” means the jurisdiction identified at the head of this Addendum, being the jurisdiction whose data protection and other mandatory laws apply to the Services under this Addendum. For this Addendum, the Relevant Jurisdiction is the Republic of South Africa.
1.3 “Standard Suite” means the General Terms and Conditions for Platform Services, the Data Processing Terms, the AI Acceptable Use Policy, the Platform Specification, the Support Specification, the Sub-processor List and the Fees Policy, each in the version identified in or incorporated into the Order.
2. Precedence
2.1 This Addendum varies the Standard Suite for the Relevant Jurisdiction only. If and to the extent of any conflict or inconsistency between this Addendum and any document in the Standard Suite, this Addendum prevails, but only in respect of the Relevant Jurisdiction and only to the extent of the variation. In all other respects the Standard Suite continues in full force and effect.
3. Governing law and jurisdiction
3.1 This Addendum and the Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
3.2 Clause 3.1 does not limit the Supplier’s obligation to comply with the data protection and other mandatory laws of the Relevant Jurisdiction as set out in Part B. Nothing in this Addendum or the Agreement excludes, restricts or limits any mandatory right, protection or remedy available to a data subject or other person under the law of the Relevant Jurisdiction, or the powers of any supervisory or regulatory authority of the Relevant Jurisdiction, to the extent such rights, remedies or powers cannot lawfully be excluded or limited by agreement.
4. Language
4.1 The language of this Addendum and the Agreement is English. Any translation is provided for convenience only; in the event of any conflict, the English-language version prevails.
5. Fees
5.1 Fees for the Relevant Jurisdiction are those set out in the Fees Policy, which is not varied by this Addendum. The Fees Policy states the Fees applicable to each region. For the avoidance of doubt, no pricing term is varied by this Addendum.
Part B — Regional Variations
6. Applicable data protection regime
6.1 For the Relevant Jurisdiction, the applicable data protection law is the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the applicable access to information law is the Promotion of Access to Information Act 2 of 2000 (“PAIA”), together with their respective regulations and any binding code of conduct or guidance issued under them.
6.2 The relevant supervisory authority is the Information Regulator (South Africa).
6.3 References in the Standard Suite to data protection legislation (and the associated clauses or terms) are read, for the Relevant Jurisdiction, as references to POPIA (and its comparable clauses or terms). References in the Standard Suite to “data subject” are read, for the Relevant Jurisdiction, to include juristic persons. Where the Standard Suite impose obligations by reference to the UK GDPR or EU GDPR, those obligations apply as a minimum standard and are supplemented by any similar, additional or more specific requirement of POPIA. The Supplier acts as an operator (processor) processing personal information on behalf of and on the documented instructions of the Customer, who is the responsible party (controller).
6.4 The Supplier’s contact person for all matters under POPIA is provided in the Order Form The Customer’s contact person is their Information Officer is as indicated in the Order. Each party will keep the other notified of any changes to such contact person or their contact information.
6.5 In addition to the grounds for processing described in clause 2.3 of the Data Processing Terms, to parties agree that the Supplier may process any special personal information that forms part of Customer’s Personal Data, in the Relevant Jurisdiction, as necessary for the establishment, exercise or defence of a right in law.
6.6 In addition to the data processing activities described in clause 3.1 of the Data Processing Terms, to parties agree that the Supplier will: (i) take reasonable measures to identify risks to Customer’s Personal Data under its control, and maintain, verify and update appropriate safeguards against such risks identified, with due regard to the applicable generally accepted information security practices; (ii) provide the Customer with reasonable, free assistance in investigating and responding to data breach notifications and data subject or regulatory enquiries in terms of POPIA or PAIA; and (iii) ensure that the Supplier’s notice to the Customer of an applicable data breach contains sufficient information to allow the Customer to meet its own notification obligations, including where known the nature, perpetrator and possible consequences of the breach, mitigating measures taken by the Supplier, and possible mitigating measures that can be taken by the Customer or its data subjects.
7. Data residency
7.1 Customer Data for the Relevant Jurisdiction is stored at rest within the Amazon Web Services Europe (London) Region (eu-west-2) in the United Kingdom.
8. Location of AI inference
8.1 AI inference in respect of the Relevant Jurisdiction is performed within the Amazon Web Services European geographic deployment, comprising the United Kingdom and the European Economic Area. The required models are not available in an Amazon Web Services region within the Relevant Jurisdiction, and inference is therefore performed in the European geographic deployment in reliance on the cross-border transfer mechanism set out in clause 9.
9. Cross-border processing and lawful transfer mechanism
9.1 Personal information originating in the Relevant Jurisdiction is transferred to, and processed in, the United Kingdom and the wider European Economic Area for the purposes of storage (clause 7) and AI inference (clause 8), as described in the Platform Specification.
9.2 Such transfer is carried out in reliance on section 72(1)(a) of POPIA, on the basis that the processing is subject to binding agreements between the Supplier and its sub-operators which provide an adequate level of protection that upholds principles for the reasonable processing of personal information substantially similar to the conditions for the lawful processing of personal information under POPIA, and which include provisions substantially similar to those of POPIA relating to the further transfer of personal information from the recipient to third parties in a foreign country.
9.3 The Supplier has assessed the destination framework (UK and EEA data protection law) as providing such protection, and maintains binding contractual provisions with each relevant sub-operator to give effect to clause 9.2. A record of that assessment is available to the Customer on reasonable request.
10. AI-specific regulatory provisions
10.1 As at the date of this Addendum, there is no AI-specific statute in force in the Relevant Jurisdiction governing the provision of the Services. The use of artificial intelligence within the Services is governed by POPIA (including its provisions on automated decision-making) and by the AI Acceptable Use Policy.
10.2 The Services are designed to support, and not to replace, the professional judgement of the instructed fee-earner or expert. Outputs are reviewed and relied upon by a human user, and the Services are not used to make a decision that results in legal consequences for a data subject, or that substantially affects a data subject, based solely on the automated processing of personal information, within the meaning of section 71 of POPIA.
11. Region-specific sub-processors
11.1 The Sub-processor List applicable to the Relevant Jurisdiction is the version identified in the Order. No sub-processor is added, removed or substituted for the Relevant Jurisdiction, and the standard Sub-processor List applies without variation.
11.2 Each sub-operator engaged in respect of the Relevant Jurisdiction is subject to binding contractual provisions giving effect to clause 9, and the Supplier remains responsible for the acts and omissions of its sub-operators as set out in the Data Processing Terms.
12. Local mandatory terms
12.1 The Supplier will notify the Customer of any compromise to the integrity or confidentiality of personal information in the Relevant Jurisdiction as soon as reasonably possible after the discovery of the compromise, to enable the Customer to comply with its notification obligations to the Information Regulator and to affected data subjects under section 22 of POPIA. This operates alongside, and does not reduce, the breach-notification obligations in the Data Processing Terms.
12.2 Where the Customer is a consumer in terms of the Consumer Protection Act 68 of 2008 (as a natural or juristic person), nothing in the Agreement limits or deprives that Customer of any right under that Act. The Supplier remains liable to consumers for its gross negligence or wilful misconduct. Despite clause 25.1.3 of the General Terms and Conditions, consumers may claim a refund of Fees paid in advance under clause 4.2(b) of the General Terms and Conditions.
12.3 Where interest is charged as described in clause 18.4(b) of the General Terms and Conditions, such interest will be charged at the highest prime lending rate of banks in the Relevant Jurisdiction plus 2%.
12.4 Where the Customer is obliged to assign (or procure the assignment of) Intellectual Property Rights under clause 20.5 of the General Terms and Conditions, the Customer grants to the Supplier a limited power of attorney, in the Relevant Jurisdiction, to do all things necessary to effect such assignment.
12.5 Save as set out in this clause 12, no additional local mandatory terms apply to the Relevant Jurisdiction.
Part C — Term, Effect and Execution
13. Term, effect and continuation of the Standard Suite
13.1 This Addendum takes effect on the date of the Order to which it is attached and continues for so long as that Order remains in force. It applies only in respect of the Relevant Jurisdiction.
13.2 Except as expressly varied by this Addendum, all provisions of the Standard Suite remain in full force and effect and are unamended. This Addendum does not vary the Standard Suite in respect of any other region or jurisdiction.
14. Execution
14.1 This Addendum may be accepted by the same means as the Order, including by electronic acceptance, which has the same effect as a manuscript signature.