1. DEFINITIONS

1.1 “Agreement” means the Cost Estimate accepted by the Client with the incorporation of these Terms and Conditions, as amended from time to time;

1.2 “Agreement duration” means the duration stipulated in the Cost Estimate, alternatively, the duration for Red September to render the agreed upon services;

1.3 “Daily monitoring” means the daily monitoring of platforms such as the internet and social media pages for the purposes of evaluating marketing and SEO development;

1.4 “Days” means calendar days, unless otherwise specified;

1.5 “Domain” means a distinct subset of the internet with addresses sharing a common suffix or under the control of a particular organization or individual;

1.6 “Rate” means the rate stipulated in the Cost Estimate;

1.7 “Reporting” means Red September’s bi-monthly reporting to the Client on marketing performance;

1.8 “Services” means the services set out in the Cost Estimate, as described in more detail in these terms and conditions, where applicable;

1.9 “The Client” means the person, entity, trust, body, Close Corporation or company listed in the Cost Estimate that Red September is and will be supplying products and /or services to, either currently or in future.

1.10 “Red September” means Red September (Pty) Ltd, a private company with its principal place of business situated at First Floor, Building 2, Highveld Office Forum, 102 Witch-Hazel Ave, Highveld Techno Park, Centurion.

1.11 “Rate Card” means the document that lists and / or contains all the pricing information and descriptions of the services rendered by Red September at the stipulated price.

1.12 “Cost Estimate” means the calculation of the estimate and / or probable costs of a service supplied to the Client by Red September for the services expressly listed in the Cost Estimate and are not final and binding on Red September as the final quoted cost amount (in the event of additional) for services required by a client.

1.13 “POPI” means the Protection of Personal Information Act 4 of 2013.

2. TERMS AND CONDITIONS 

These Terms and Conditions apply to all services rendered by Red September. All work is carried out by Red September based on these terms and conditions. Red September reserves the right to amend the Terms and Conditions at any time, however, confirm that prior notice of such amendment will be given to all Clients. A Client’s continued use of Red September’s services following any such modification and notice constitutes the Client’s acceptance of those modified Terms and Conditions.

3. COST ESTIMATES  

3.1 Cost Estimates furnished are an estimate for the services expressly listed in the Cost Estimate and are not binding as the final agreed upon cost payable to Red September (in the event of additional services) for services required by a client. Any additional services required by a client may be added to an existing cost estimate. The amended cost estimate shall only be binding on Red September upon acceptance thereof in writing.

3.2 The Client shall be responsible for any increases in Red September’s costs because of any amendments of the design, instructions furnished or the material to be used either directly or indirectly after the date of any Cost Estimates given by Red September.

3.3 Subsequently, should Red September finalise a project sooner than indicated on the Cost Estimate, the Client’s account will be adjusted accordingly on the rate card and such rate card be presented for payment.

3.4 The Client will be responsible and liable for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by the Client either directly or indirectly.

3.5 Cost Estimates remain open for acceptance for a period of thirty (30) days from the date of Cost Estimate, unless withdrawn prior to the expiry of the thirty-day period by Red September.

3.6 Red September’s fees will escalate annually on the first day of July. Red September’s fees in respect of the rate card may escalate and such escalation will apply to the Client’s Cost Estimate.

3.7 To the extent that Red September provides its clients with Cost Estimates for services to be rendered such estimates are not to be regarded as quotes but only estimates which will not be binding on Red September if no formal Cost Estimate was concluded and accepted by the client in writing.

4. PROJECT ACCEPTANCE & CONFIRMATION 

4.1 Red September will provide the Client with a formal Cost Estimate, subject to these Terms and Conditions.

4.2 An agreement is concluded between Red September and the Client upon written acceptance of the Cost Estimate by the Client, which agreement is based on the content of the Cost Estimate and/or any written instructions received from client from time to time and these Terms and Conditions.

4.3 Written acceptance of the Cost Estimate must be provided by the Client to Red September and any and/or all required upfront deposit(s) must be paid by the Client and received by Red September before any work on a project will commence.

4.4 Any Cost Estimate shall be considered as enforceable and binding upon receipt of any formal instruction from a client in writing and shall be deemed and / or regarded as an acceptance of the Cost Estimate.

4.5 The Cost Estimate, if accepted by the Client, shall be binding and Red September shall be entitled to a cancellation fee equivalent to 80% of the amount quoted for services contained in the rate card in the event that the project is terminated, abandoned and / or not pursued further by the Client. Furthermore, the Client shall remain liable for the full third-party (service provider) cancellation fees in the event that the project is terminated, abandoned and / or not pursued further by the Client and such disbursements have been incurred by Red September in respect of the third-party (service provider) fees and / or costs.

5. PAYMENT TERMS AND DEPOSIT REQUIREMENTS 

5.1 Depending on the nature of the services to be rendered, Red September may require payment of a deposit and / or an upfront payment before commencing with the work. Any deposit and / or upfront payment will be payable immediately and work will not commence until the relevant proof of payment of the required deposit and / or upfront payment is received. In the event where the nature of the services to be rendered requires a deposit and / or an upfront payment, such required payments will be communicated to the Client by Red September.

5.2 In the event of cancellation of the agreement by the Client, any deposits paid by the Client are non-refundable.

5.3 Expenses such as traveling costs (calculated at the standard AA rate at the time), out of pocket expenses, domain related expenses, expenses for fonts, stock images or other design elements to be acquired, or any other disbursement incurred by Red September in the rendering of the services, if not stated in the Cost Estimate are not included in the fees and will be billed separately.

5.4 Each payment is due strictly as stipulated in the agreement. If a payment date is not specified in the agreement, payment is due within thirty (30) days from the date of the rendering of the invoice.

5.5 Any payment in respect of media budgets including payments due to media outlets and / or third parties for any marketing purposes should be paid by the Client seven (7) days prior to the date of commencement of the campaign, alternatively, a purchase order will be required from the Client by Red September.

5.6 Release of services rendered by Red September on behalf of the Client, will not take place before all fees and/or payments due and payable to Red September have been received by Red September.

5.7 All queries regarding invoices must be brought to the attention of Red September within seven (7) days of receipt of an invoice in writing.

5.8 Red September reserves its right to unilaterally restrict and / or terminate access to any of the services, media and / or campaign(s) in the event of non-payment or late payment.

6. THE CLIENT’S DUTIES AND RESPONSIBILITIES

6.1 To prepare a complete, clear, and detailed brief for the required project, task and / or services, with all the exact requirements expressly specified in writing.

6.2 To furnish Red September with timeous, sufficient input, instructions, approval and / or strategies in respect of the detail of the specification of the required project, task and / or services to enable Red September to complete and execute same.

6.3 To furnish all required information and documentation within the timeframes communicated by Red September, in order to ensure that projected timeframes are adhered to.

6.4 To agree that any changes made after deadline dates or acceptance may lead to increased costs, based on additional time spent and disbursements incurred.

6.5 To provide Red September with approval within a reasonable time, but not later than five (5) days prior to the agreed upon deadline in the event where prior approval by the Client is required for Red September to proceed with the project, in order to avoid unnecessary delays in respect of the project.

6.6 To agree to decision making and advice given in respect of services to be rendered to a client by Red September in respect of the project.

6.7 The Client shall be solely responsible for providing Red September with all necessary information in connection with its services and Red September shall not be responsible for any shortcomings in such information.

6.8 To effect payment of any deposit required, as well as full payment for all services rendered. Red September shall not be liable towards the Client in respect of any deadline(s) missed due to late or non-payment by the Client.

6.9 The Client shall be solely responsible for payment of Red September’s account within the specified and / or agreed time periods specifically agreed to between Red September and the Client and / or in accordance with these terms and conditions and as contained in the Cost Estimate.

7. SUB-CONTRACTING, FREELANCERS AND THIRD PARTIES  

7.1 Red September is entitled to sub-contract any work and / or to appoint any third parties and / or freelancers as it deems fit.

7.2 Red September undertakes to sign Non-Disclosure Agreements with such third parties and / or freelancers and will always ensure that the Client’s rights and privacy are always protected.

8. PROOFING AND APPROVAL POLICY 

8.1 Red September requires that the Client confirm its satisfaction with the concept(s) design(s), and campaign(s) throughout the duration of the project upon completion of each design and / or campaign amendment that are in process in writing.

8.2 The Client undertakes to provide Red September with its approval timeously and within a reasonable time, which reasonable time will not be less than five (5) days from the date of which approval is required by Red September.

8.3 An approval to publish the design constitutes confirmation that the Client has reviewed the concept(s), design(s), and / or campaign(s), agree that all content in the concept(s), design(s) and / or campaign(s) are correct and complies with any and / or all legal and regulatory requirements, and hereby indemnify Red September from any liability of any content errors and / or regulatory and / or legal requirements that should be discovered after the Client’s approval of the concept(s), design(s) and / or campaign(s).

8.4 Red September uses third-party transmission software to transmit artwork and / or campaign material(s) to platforms and / or media outlets. Red September undertakes to assist with any discrepancies, irregularities and / or variances in respect of artwork, however, Red September cannot be held liable and is hereby indemnified from being held liable for discrepancies, irregularities and / or variances in respect of artwork due to a third-party and/or service providers’ software(s).

8.5 Whether the Client has submitted its own artwork or Red September created same, it is the Client’s responsibility to verify that there are no errors prior to informing Red September that it may proceed.

8.6 The Client warrants that it is satisfied with the final product as is upon acceptance of concept(s), design(s) and / or campaign(s), including but not limited to spelling, phone numbers, barcodes, fonts, placement, and all other content and details.

8.7 To limit any possible errors in artwork, concept(s), design(s) and / or campaign(s) will remain watermarked until they have been approved by the Client. Red September will not be held responsible for errors if the Client misses something in the proofing process.

8.8 Any amendments and / or additional services required by the Client after approval of the project will be invoiced for separately by Red September. The Client will be liable for such additional costs.

9. ADDITIONAL WORK

9.1 Any additional services required will be rendered in terms of these terms and conditions, as amended from time to time, and will be invoiced additionally.

9.2 Scope creep will not be tolerated and setting clear goals, objectives, specifications and scope of services in the initial instructions to Red September remains the responsibility of the Client.

9.3 As indicated above, due to the nature of the services rendered, Red September may suggest additional services to be rendered, including but not limited to concept(s), design(s), development and / or campaign(s) etc. and will issue a separate Cost Estimate to the Client for acceptance.

9.4 As stipulated in 3.4 above, the Client will be responsible for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by the Client either directly or indirectly.

9.5 Should the Client require a project to be completed earlier than the agreed upon timeframe and overtime is required, the Client agrees to pay 1.5 times the rate of our normal rate card or cost estimate.

10. DATA FORMATS 

10.1 The Client agrees to Red September’s definition of acceptable means of supplying data and / or access to data and data formats to Red September. Such data and data formats include, but is not limited to, images, artwork, fonts, photography, concept(s), design(s) and / or campaign(s).

10.2 Text or images which are supplied in an electronic format, are to be provided in a format as prescribed by Red September. Images must be of a quality suitable for use without any subsequent image processing, and Red September will not be held responsible for any resultant image quality. Should text or images which are supplied in an electronic format not be provided in the prescribed format, Red September cannot guarantee that the image quality will be of a quality suitable for use.

11. INSURANCE 

11.1 Red September is not required to have insurance to cover any damage or loss to the Client’s artwork, designs, documents and / or data or data formats in any form whatsoever.

11.2 Red September will not accept any liability and is herewith indemnified for damage and / or destruction caused to the Client’s artwork(s), design(s), concept(s), document(s), campaign(s) and / or data.

11.3 It is the client’s responsibility to ensure that proper insurance is taken out and / or in place pertaining to any damage and / or loss that might occur and / or be suffered by such Client in respect of the Client’s artwork(s), design(s), concept(s), document(s), campaign(s) and / or data or data formats in any form.

12. COPYRIGHT, TRADEMARKS AND CONTINUED WORK OF PRODUCTS & SERVICES

12.1 Copyright and all intellectual property rights are retained by and vest in Red September on all design work including words, concepts, campaigns, pictures, ideas, visuals, sounds and illustrations until full payment of all invoiced amounts (including deposits and disbursements) have been received by Red September.

12.2 By supplying text, images and other data to Red September for inclusion in the Client’s communications, website, advertisements, messaging, concept(s), design(s), campaign(s) and / or other mediums, the Client declares that it holds the appropriate copyright and / or trademark permissions.

12.3 Should Red September, or the Client, supply an image, text, audio clip or any other file for use in the Client’s communications, website, advertisements, messaging, campaigns and / or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will permit Red September to remove and / or replace the file on the site. The Client fully indemnifies and holds Red September free from harm, without limitation, in any and /or all claims resulting from the Client in not having obtained all the required copyright, and / or any other necessary permissions.

12.4 It is agreed that Red September, its employees and suppliers will not be held liable for any damages, costs and expenses, including legal fees, arising out of or related to copyright or trademark infringement or royalty issues resulting from images provided to Red September by the Client.

12.5 The Client permits Red September to place designs or links to websites on Red September’s own website and social media for demonstration purposes and to use any of its designs in its own publicity and/or marketing campaigns.

13. PROJECT DURATION AND COMPLETION  

13.1 Any indication given by Red September of a project’s duration is to be considered by the Client to be an estimation. Red September cannot be held responsible for any project over-runs, whatever the cause might be.

13.2 Estimated project duration should be deemed to be from either the date that full payment, alternatively payment of the deposit is received, as required in the Cost Estimate, further alternatively, from or on a specific date agreed upon.

13.3 All additional work to be conducted after the completion of a project or activation of a website will be at an additional cost to be agreed upon between Red September and the Client, unless agreed otherwise.

14. CAMPAIGN PERFORMANCE AND DELIVERY 

14.1 Unless otherwise agreed in writing, all times furnished for campaign performance or delivery are given in good faith but are not guaranteed by Red September.

14.2 The time for performance or delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions and approvals from the Client, as well as timeous receipt of payment.

14.3 Any amendments of instructions by the Client may result in delayed performance and / or delivery for which Red September shall bear no liability.

14.4 Any and / or all campaign performance estimates is merely an estimate and any deviation or not of any such campaign performance estimate is not guaranteed.

15. RISK AND OWNERSHIP

15.1 Until full payment is received in terms of the agreement, ownership of the campaign(s), communication(s) and / or any other medium(s) shall remain the property of Red September and campaigns, communications and / or any other mediums already delivered to the Client shall be returned and / or surrendered to Red September immediately following receipt of a default notice from Red September.

15.2 In instances where the campaign(s), communication(s) and / or any other medium(s) is stored in the cloud or external servers, Red September shall have the right to revoke the Client’s access to same in the event of a default, subject to the remainder of these terms and conditions, as amended from time to time.

16. RIGHT OF REFUSAL 

16.1 Red September will not include in its designs, any text, images, or other data which it deems to be inappropriate, immoral, offensive, obscene or illegal. Red September also reserves the right to refuse to include submitted material without giving reason.

16.2 Upon being informed by Red September that any images and / or data contravenes these Terms and Conditions, the Client is obliged to remove such images and / or data immediately from any electronic, physical or other platform where same is available and to destroy same. Red September is to be held in no way responsible for any such data being included.

16.3 Red September also reserves the right to remove any images / data hosted / stored either by Red September directly, or by third parties on the instruction of Red September, in the event of any risks or threats arising from the continued usage, display or accessibility thereof to any person, entity, trust, body, close corporation and / or company.

17. INDEMNITIES, WARRANTIES AND DISCLAIMERS 

17.1 The Client indemnifies Red September in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Red September alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by the Client.

17.2 The Client indemnifies Red September in respect of financial liability and / or damage caused to products due to circumstances beyond the reasonable control of Red September including, without limitation, acts of God, governmental actions, war, national state of emergency or national state of disaster, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce).

17.3 Red September cannot be held liable for any loss suffered by the Client due to any system failure of a third-party including payment process and / or system(s).

17.4 Red September makes no warranties of any kind, express or implied, for any and all campaign(s), communication(s) and / or any other medium(s) and / or services that it supplies. Red September cannot be held responsible for any and all damages resulting from campaign(s), communication(s) and / or any other medium(s) and/or services it supplies.

17.5 Whilst Red September stores backups of all the data received from the Client on at least two third party servers, Red September is not responsible for any loss, or consequential loss of data, or non-delivery of campaign(s), communication(s) and / or any other medium(s) or services, of whatsoever cause and it remains the Client’s responsibility to store sufficient backups of all date provided to Red September.

17.6 The Client accepts and indemnifies Red September in respect of any damages in respect of the temporary unavailability or inaccessibility of any website, domain, platform, or data, upon the porting of same. Whilst this temporary unavailability or inaccessibility usually lasts between a few hours to 48 hours, and depending on the size of the data, same may last for a longer period.

18. SECURITY 

18.1 Red September will not be held liable for any viruses, hacking, malware, malicious content, or any security breaches pertaining to any third-party applications, additional servers, social media accounts and / or to the Client’s website.

18.2 Red September and / or its hosting service provider may at any time suspend, kill or revoke access to a domain, website, design, service or platform, should any security breaches, or a real risk of potential security breaches, to Red September, the Client, or any third party arise.

19. DEFAULT 

19.1 An account shall be considered in default if it remains unpaid from the date that the payment was due and payment is demanded.

19.2 Without prejudice to any other rights or remedies in law, Red September will be entitled to cancel the agreement on seven (7) days written notice to the Client, should the Client breach any of its duties or obligations.

19.3 Upon lapse of the seven (7) days written notice, Red September will be entitled to cancel the agreement and to restrict or revoke access to any website, design, service or platform forming the subject of the services rendered in the event of default by the Client. Such restriction shall endure for the duration of the Client’s default.

19.4 In the event that access to any website, design, service or platform is revoked or restricted due to the Client’s default, Red September will be entitled to charge an activation fee, which will be payable together with any arrears in respect of the Client’s account, before the Client’s access will be restored.

20. TERMINATION AND / OR NOTICE  

20.1 Any cancellation by the Client must be in writing and must be delivered to Red September and shall be deemed effective one (1) month from the date of receipt by Red September.

20.2 Cancellation by the Client of retainers and / or projects which is set for six (6) months or longer must be in writing and must be delivered to Red September and shall be deemed effective three (3) months from the date of receipt by Red September.

20.3 The terms contained in paragraphs 20.1 and 20.2 above applies mutatis mutandis to the cancellation of a project by Red September.

20.4 Cancellation after disbursements have been incurred or work having commenced will include a recalculation of the fees in the sole discretion of Red September based on the costs incurred and the amount of work already done.

20.5 In the event of termination before the agreement duration having lapsed, Red September will retain ownership and control off all ideas, designs, and all other works and material prepared by Red September and Red September will be entitled to revoke the Client’s access to same until such time that all payments due to Red September is received.

20.6 In the event of termination after the agreement duration having lapsed, the Client will be furnished with and permitted to retain all ideas, designs, and all other works and material prepared by Red September upon settlement of all payments due to Red September.

20.7 Deposits or parts thereof are non-refundable on cancellation of the agreement.

20.8 All disbursements incurred in respect of payments to third parties by Red September, not already paid for at the time of engagement and/or at termination, will remain due and payable by the client.

20.9 Any and/or all costs, fees, deposits and/or disbursements incurred by Red September before termination of any mandate will be due by the Client to Red September immediately on termination and / or cancellation of Red September’s mandate.

20.10  Any and/or all costs, fees, deposits and/or disbursements incurred by Red September in respect of work conducted for the Client in advance before termination of any mandate will be due by the Client to Red September immediately upon termination and / or cancellation of Red September’s mandate.

21. PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 

21.1 The Client hereby gives its consent to Red September to collect and process any personal and special personal information furnished, in compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”).

21.2 Personal Information and Special Personal Information shall have the meaning ascribed to it in Chapter 1 of POPI which includes, but not limited to name address, telephone number or fax number, national identification number, fingerprints, any actual or alleged criminal offences of penalties, education or other personal credentials.

21.3 Red September undertakes to use personal information collected in accordance with POPI.

21.4 The Client undertakes that it complies with the POPI and indemnifies Red September from any liability which may arise due to the Client’s non-compliance with POPI.

22 GENERAL 

22.1 All matters related to these Terms and Conditions, or any agreement between Red September and the Client, shall be governed by and construed in accordance with the Laws of the Republic of South Africa.

22.2 If any provision of these Terms and Conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms.

22.3 These Terms and Conditions, read together with the Cost Estimate and acceptance thereof, constitutes the whole agreement between the parties. Any indulgence of extension of time granted by Red September to the Client shall not be construed as a waiver or variation of any of Red September’s rights or remedies.

22.4 The Client shall not be allowed to employ any of the staff members and / or previous staff members of Red September and / or offer them any form of remuneration for rendering similar services as that offered by Red September in their personal capacity for a period of 12 months from the date of termination of their employment with Red September. This will apply mutatis mutandis to any employee of Red September and any contravention hereof shall be regarded as a breach of the restraint and such party agree that Red September are entitled to monetary compensation in the form of a penalty for the breach of such restraint by such a party.

22.5 In the event of breach of paragraph 22.4 above, the Client will be liable to pay a penalty equivalent to 12 months of the specific employee’s cost to company to Red September. In the event of breach of paragraph 22.4 above, by the Employee, the Employee will be liable to pay a penalty equivalent to 12 months of the specific employee’s cost to company to Red September.

22.6 Red September uses third party platforms including, but without limitation, Facebook, Instagram, Google and / or Spotify. Red September as well as the Client is bound by the Terms and Conditions of these third-party platforms. The Client indemnifies Red September from any financial loss caused due to the amendment and / or change of any of the third-party platform Terms and Conditions.

22.7 The Client warrants that any instruction given to Red September by any employee of the Client shall be given by an employee who has the necessary authority to act on behalf of the Client as an authorised representative of the Client. Any and / or all such instructions given shall be binding on the Client and such employee shall be regarded as having the necessary authority to bind such Client.

23. LEGAL FEES AND PROCEEDINGS

23.1 Failure and / or refusal to comply with the agreement may result in legal action by Red September.

23.2 Regardless of the place execution or performance under the terms and conditions or domicile of the Client, this agreement and all modification and amendments thereof, shall be governed by and decided upon and construed under and in accordance with the Laws of the Republic of South Africa.

23.3 Red September shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought be entitled to institute action in any competent Court who possess the requisite jurisdiction.

23.4 A certificate under the hand of any director or manager of Red September (whose authority need not to be proved), in respect of any indebtedness of the Client to Red September or in respect of any other fact, including but without limiting the generality of the aforegoing, the fact that such services were rendered shall be prima facie evidence of such other fact and prima facie evidence of the delivery of such services.

23.5 The Client’s address referred to on the front page of this document shall be recognised as the Client’s domicilium citandi et executandi (domicilium for all purposes in terms of this agreement, whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature.

23.6 The Client will be liable for all legal fees incurred by Red September resulting from non-payment, late payment, or any other breach by the Client, on an Attorney and client scale.

24. DISPUTE RESOLUTION

24.1 Save in respect of those provisions of this Agreement which provide for their own remedies, and other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction, a dispute of any nature whatsoever which arises out of this Agreement in regard to –

24.2 The parties shall meet within five (5) days of receiving written notice to the effect from any one of the parties concerning such dispute and shall at that meeting use their best endeavors to negotiate with one another in good faith to resolve such dispute.

24.3 If at the meeting contemplated in terms of clause 24.2 the parties are unable to resolve the dispute, alternatively if one of the parties fail to attend the meeting despite receiving written notice thereof from the other party, the meeting shall stand adjourned for a period of five (5) days to enable the parties to take advice and reflect on the matters in dispute.

24.4 If at the adjourned meeting the parties are unable to resolve the dispute, and / or if one of the parties fail to cooperate and attend the meeting, the dispute shall be referred to an expert appointed by the parties jointly, or if they do not agree on such appointment, a suitable person nominated by the Chairman of the Legal Practice Council.