Terms and Conditions

STORAGE RENTAL AGREEMENT TERMS AND CONDITIONS

1. BACKGROUND AND PURPOSE
   • The Lessor leases to the Lessee, and the Lessee rents from the Lessor, the Unit in consideration for the payment of Rental.
   • The Parties wish to set out in writing the terms and conditions governing the lease of the Unit, including all matters incidental thereto, and do so in this Agreement.
2. DEFINITIONS AND INTERPRETATION
   • The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

“AFSA” means the Arbitration Foundation of Southern Africa.

“Agreement” means this Storage Rental Agreement including all annexures, appendices, information documentation and/or schedules thereto.

“Cause” means a material breach of this Agreement, misfeasance, the provision of false or misleading representations or warranties, fraud, negligence, the dissemination of confidential information, or any other inappropriate action or omission which may cause harm, loss or reputational damage to the Lessor or the Lessee, or otherwise adversely affect the Lessor or the Lessee’s business or reputation.

“Commencement Date” means the date on which this Agreement came into operation and effect, as specified in the Key Term Sheet.

“Data” means any data, including Personal Information, irrespective of the media or form and includes all records, files, input materials, reports, forms and other such items that may be received, computed, developed, used or stored for purposes of this Agreement.

“Data Protection Laws and Regulations” means any data protection or data privacy laws applicable within the Republic of South Africa from time to time, including but not limited the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) and Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) and any regulations thereunder.

“Deposit” means the amount payable by the Lessee to the Lessor as security under this Agreement, if applicable, as specified in the Key Term Sheet.

“Goods” means the items stored by the Lessee in the Unit, as specified in the Key Term Sheet.

“Interruption Event” means any circumstance not within a Party’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party.

“Lessee” means the person and/or entity specified in the Key Term Sheet.

“Lessor” means the entity specified in the Key Term Sheet.

“Losses” means all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages, and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest, and penalties).

“Parties” mean the Lessor and the Lessee; and “Party” means any one of the parties as the context requires.

“Personal Information” means information relating to any person, including but not limited to: (i) information relating to the race, gender, sex, marital status, nationality, ethnic or social origin, colour, age, disability, language and birth of a person; (ii) information relating to the education or the medical, financial, criminal or employment history of a person; (iii) information relating to the financial affairs of a person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number, VAT registration number or other particular assignment to a person; (vi) correspondence sent by a person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) the views or opinions of another individual about a person; (viii) the name of a person if it appears with other personal information relating to a person or if the disclosure of the name itself would reveal information about a person; and (ix) any other information which may be treated or defined as “personal information” in terms of the Data Protection Laws and Regulations.

“Privacy Policy” means the Lessor’s Privacy Policy.

“Process” and “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including its collection, receipt, recording, organisation, collation, storage, updating or modification, merging, linking, blocking, degradation, erasure or destruction, retrieval, alteration, consultation, testing or use, dissemination or distribution by any means.

“Rental” means the amount payable by the Lessee to the Lessor for the use of the Unit, as specified in the Key Term Sheet.

“Representative” means the person authorised in writing by the Lessee to access the Unit on the Lessee’s behalf, as specified in the Key Term Sheet.

“Term” means the period from the Commencement Date to the Termination Date, as specified in the Key Term Sheet.

“Termination Date” means the date the Agreement comes to an end, as specified in the Key Term Sheet.

“Unit” means the storage space rented by the Lessee from the Lessor, as specified in the Key Term Sheet.

“Usage Period” means the period from the the Commencement Date to the Termination Date, as specified in the Key Term Sheet.

• In this Agreement:
  • the table of contents, background section and any clause, schedule or other headings in this Agreement are included for convenience only and shall have no effect on the interpretation of this Agreement;
  • a reference to a ‘person’ includes a natural person, corporate or unincorporated body, in each case whether or not having separate legal personality, and that person’s personal representatives, successors and permitted assigns;
  • a reference to a ’company’ includes any company, entity, corporation, or other body corporate, wherever and however incorporated or established;
  • a reference to a gender includes each other gender;
  • a reference to ‘days’ shall be construed as business days and shall mean a day, other than a Saturday, Sunday or public holiday in South Africa;
  • words in the singular include the plural and vice versa;
  • any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
  • a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form, including email;
  • a reference to legislation is a reference to that legislation as (in force at the date of this Agreement or amended, extended or re-enacted) or consolidated from time to time, except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under this Agreement;
  • a reference to legislation includes all subordinate legislation made (as at the date of this Agreement or from time to time) under that legislation.

3. TERM
   • This Agreement shall commence on the Commencement Date and will remain in operation and effect for the Term, unless terminated by either Party, in accordance with the termination provisions contained in this Agreement.
4. DEPOSIT
   • The Lessee must pay the Deposit together with the first month’s Rental.
   • The Deposit will be refunded to the Lessee within fourteen (14) days after the expiry date of the Usage Period, after deductions are made for unpaid Rental, or costs incurred by the Lessor for the repair or cleaning of the Unit, or the removal of any property left in the Unit, should this be necessary.
   • The Deposit shall not constitute the last month’s Rental.
5. PAYMENT OF RENTAL
   • The Rental will be paid by the Lessee, in advance, on or before the first day of each and every month, throughout the duration of the Usage Period.
   • The Lessee warrants that there are, and will continue to be, sufficient funds in the bank account for the payment of the debit order, throughout the duration of the Usage Period.
   • If the payment is late, the Lessor shall be entitled to an administration fee of R 500.00 (Five Hundred Rand), in addition to any other rights the Lessor may have.
   • In the event that the Lessee has defaulted on any payment owing in terms of this Agreement and/or has breached this Agreement, the Lessor shall be entitled to deny or restrict access to the Unit until such time as the payment has been made and/or the breach has been remedied, irrespective of whether or not a formal demand for payment has been made or the Lessee has been placed in breach.
   • The Lessee shall not withhold, defer, or make any deduction from any payment due to the Lessor, irrespective of whether or not the Lessor is indebted to the Lessee or in breach of any obligation to the Lessee.
   • A certificate issued under the signature of any director or manager of the Lessor setting out any amount owing by the Lessee in terms of this Agreement shall constitute prima facie proof thereof and shall be sufficient for the purpose of obtaining summary judgment and/or provisional sentence against the Lessee or any other debtor.
   • Rental that is overdue for thirty (30) days or more will result in legal action being taken, the Unit being opened by the Lessor and the Goods stored therein sold, the proceeds of which will be applied towards the outstanding Rental.
6. STORAGE RENTAL
   • The monthly storage Rental may be increased, with no less than one (1) month’s written notice to the Lessee at any time. Where applicable the Lessor may adjust the Lessee’s debit order accordingly.
   • Should the Lessee not be prepared to continue the rental of the Unit at the increased monthly Rental rate, the Lessee may give notice in accordance with clause 13 below, but will be obliged to pay the increased Rental, until such time as the Unit is vacated.
7. ACCESS TO AND USE OF THE UNIT
   • The Lessee may access the Unit seven days a week between 07:00 and 19:00. The Lessor’s office will be open Monday to Friday from 08:00 to 17:00, and new Unit rentals must be confirmed during office hours. Once confirmed, access to the Unit may be made during the facility’s operating hours of seven days a week between 07:00 and 19:00.
   • Access to the Lessor’s facility will be permitted during the stated hours in this Agreement, unless agreed otherwise between the Parties, on a case by case basis. Access to the Unit itself will be secured with a manual lock provided by the Lessee.
   • The Representative nominated by the Lessee in this Agreement may access the Unit on behalf of the Lessee.
   • Occupation of the Unit may take place during the specified access hours, provided that the Lessee has executed this Agreement and paid their deposit during office operating hours. Vacating the Unit must be completed by 17:00 unless alternative arrangements have been agreed to in writing with the Lessor.
8. USE AND TYPES OF GOODS ALLOWED
   • The Unit may only be used for the purpose of storage and must not be used as a dwelling, workshop, shelter, or for carrying on any business or other activity, unless otherwise agreed by the Lessor.
   • The Lessee is not entitled to store any Goods which are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, food items, or any Goods that may constitute a risk or nuisance to the property, staff, or other lessees in any way.
   • The Lessee must ensure that all Goods stored in the Unit are dry, clean, free from vermin, and any other form of contamination, including but not limited to food scraps.
   • The Lessee must maintain the Unit and keep the interior clean and in a state of good repair at all times throughout the lease period.
   • The Lessee is not entitled to sublet the Unit to any other person without the prior written consent of the Lessor.
   • The Lessee is not entitled to physically alter or damage the Unit in any way, including but not limited to the use of screws, nails, or fixtures, without the prior written consent of the Lessor.
   • In the event of any alteration or damage to the Unit, the Lessor is entitled to claim the cost of repair from the Lessee, who shall make payment on demand.
   • The Lessee warrants that all Goods stored in the Unit are its own property or Goods it is legally entitled to store.
   • The Lessee must ensure that the Lessor has free and undisturbed access to the Unit as required under this Agreement.
9. LOCKING
   • All storage units have two bolts, one for the Lessee and one for the Lessor.
   • A padlock must be provided by the Lessee for one of the bolts only, leaving the other free. The second bolt is for the sole use of the Lessor, whom shall be entitled to lock it.
   • The Lessee is solely responsible for locking the Unit at all times throughout the Usage Period and shall provide their own padlock. The Lessee shall remove the padlock on or before the Termination Date to ensure that the Lessor has free and undisturbed access to the Unit.
10. INSURANCE AND RISK
    • The Lessee acknowledges and agrees that all Goods stored in the Unit are stored entirely at the sole risk and responsibility of the Lessee.
    • The Lessee bears full responsibility for any and all theft, damage to, and deterioration of the Goods stored, and assumes the risk of any damage caused for any reason whatsoever, including but not limited to flood, fire, water, spillage of material from any other unit, removal or delivery of the Goods, pest, or vermin.
    • It is the sole responsibility of the Lessee to insure the Goods stored in the Unit at the Lessee’s own cost. The Lessor does not provide insurance cover for any Goods stored in the Unit and makes no representations or warranties regarding the safety or security of such Goods.
    • The Lessor will, at all times, endeavour to take reasonable steps to maintain security at the premises and safeguard the Lessee’s stored Goods; however, the Lessor makes no guarantees in this regard and shall not be liable for any loss or damage arising from circumstances beyond its control.
11. INSPECTION AND ENTRY
    • The Lessee acknowledges that the Lessor has informed the Lessee in writing of the relevant provisions of the Customs and Excise Act No. 91 of 1964 and the Counterfeit Goods Act No. 37 of 1997, which allow for the search of the Unit and the detention or seizure of its contents.
    • The Lessee acknowledges that the Lessor may be lawfully required under the aforementioned legislation, or any other applicable law, to provide relevant officials and authorities with all such information and documentation relating to the Lessee, including but not limited to the identity, known whereabouts, contact details, and a copy of this Agreement.
    • The Lessee authorises and consents to the Lessor granting relevant officials and authorities access to the Unit for the purposes of fulfilling their statutory functions, including but not limited to entering, inspecting, detaining, or seizing the contents of the Unit.
    • The Lessee further acknowledges that the Lessor is not obligated to supervise the entry, inspection, detention, or seizure of contents by the authorities, nor is the Lessor required to account to the Lessee for such actions.
12. PLEDGE, HYPOTHEC AND DISPOSAL OF STORED GOODS
    • The Lessee hereby pledges to the Lessor, as security for its obligations in terms of this Agreement, all Goods stored by the Lessee in the Unit.
    • In this regard, the Lessee agrees that the act of storing Goods in the Unit will constitute delivery of the said Goods to the Lessor, thereby constituting the pledge.
    • Should the Lessee fail to remove his/her/its Goods from the Unit, in the event of the cancellation of this Agreement, the Lessor shall be entitled to remove the Lessee’s lock, retake possession of the Unit and sell or otherwise dispose of the Lessee’s Goods.
    • In the event that the pledge is disputed, the Lessor shall have a hypothec and lien on all Goods stored in the Unit to secure payment of all amounts due to the Lessor under this Agreement.
    • The Lessee shall not be entitled to remove any Goods from the Unit until all amounts owing are paid in full to the Lessor.
    • The Lessee hereby warrants that he/she/it is the lawful owner of all Goods stored in the Unit and that such Goods are free from any claim which may arise from a third party.
    • In the event of non-payment of any monthly Rental/s and/or any other amounts due by the Lessee to the Lessor, the Lessee hereby irrevocably agrees, consents and authorises the Lessor to sell all Goods stored in the Unit by auction to the highest bidder on the condition that the Lessor has fulfilled the following procedures:
      • The Lessor has given the Lessee 14 (fourteen) days written notice of his/her/its breach of the Agreement and the amount owing to the Lessor in terms of the Agreement and to demand rectification of such breach within 14 (fourteen) days, failing which the Lessor cancels the Agreement without any further notice to the Lessee;
      • In the event that the Lessee has failed to rectify his breach of the Agreement within the 14 (fourteen) day period, as mentioned herein above, the Lessor will then give the Lessee a further 20 (twenty) business days written notice of its intention to sell the Goods on auction in order to recover all amounts owing by the Lessee to the Lessor in terms of the Agreement;
      • After the lapse of the above periods, and the Lessee has still failed and/or neglected to rectify his/her/its breach of the Agreement, the Lessor will be entitled to and is hereby authorised by the Lessee to immediately proceed with a sale by auction of the Goods stored in the Unit;
      • The net proceeds of such auction will be utilised to recover the outstanding amounts owing to the Lessor by the Lessee, including but not limited to Rental arrears and any additional charges incurred by the Lessor for administrative costs associated with arranging the auction. Should the net proceeds recovered exceed the total outstanding amount, the balance of the funds will be paid to the Lessee by the Lessor within 10 (ten) days after the date of the auction;
      • The Lessee hereby irrevocably authorises the Lessor to hold the above mentioned auction at the premises of the Lessor and will be authorised to appoint an auctioneer to attend to the auction;
      • The Lessee can at any stage before the auction, reclaim all Goods in the Unit and stop the auction of the Goods, by paying the full outstanding amount owing to the Lessor in terms of the Agreement as well as all legal and/or auctioneering costs incurred by the Lessor in terms of the Agreement;
      • The Lessee must immediately remove all Goods stored in the unit on payment of the amounts mentioned herein above.

 

13. TERMINATION
    • The Parties to this Agreement shall be entitled to terminate this Agreement on 7 (seven) days written notice to the other party.
    • In addition, this Agreement may also be terminated by either Party for Cause, as outlined in the breach and termination provisions contained in this Agreement.
    • The Lessee shall provide the Lessor with written notice of its intention to vacate the Unit at least 14 (fourteen) days prior to the intended vacate date, failing which an amount equivalent to 14 (fourteen) days’ Rental may be deducted from the Deposit.
    • The Lessee shall ensure that the Unit is left clean, empty, and free of any damage upon vacating. Any failure to comply with this obligation may result in deductions from the Deposit to cover cleaning, repair, or related costs.
    • The Unit must be vacated by no later than 17:00 on the last day of the agreed Usage Period. Failure to vacate within this time may be treated as a breach of the Agreement, and the Lessor shall be entitled to pursue any remedies available under this Agreement or at law. Additionally, a late vacation penalty fee may be charged at the discretion of the Lessor.
    • Upon vacating, the Lessee and the Lessor shall conduct an official handover inspection of the Unit to confirm its condition. Any issues identified during this inspection, including but not limited to damage or uncleanliness, shall be addressed.
    • Should the Lessor incur any expenses and/or legal costs in the collection of any amount owing in terms of this Agreement, the Lessee shall be liable for such expenses incurred and/or legal costs on the scale as between attorney and client, including tracing charges, attorney’s charges, advocates’ charges, and collection commission.
    • Should this Agreement be terminated for any reason whatsoever and the Lessee fail to remove the Goods from the Unit, the Lessee shall be liable to pay the Lessor the equivalent amount of the Rental of the Unit from the date of termination of the Agreement until the date of removal of the Goods as liquidated damages.
    • Termination of this Agreement shall be without prejudice to any rights or remedies to which either Party may be entitled hereunder or at law, and shall not affect any accrued rights or liabilities of either Party, nor the coming into or continuance in force of any provisions hereof, which are expressly or by implication intended to come into or continue in force on or after such termination.
14. BREACH
    • Subject to any other provision of this Agreement providing for the remedy of any breach of any provision hereof, should either Party (“the Defaulting Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the other party (“the Non-Defaulting Party”) requiring the Defaulting Party to do so, then the Non-Defaulting Party shall be entitled, without prejudice to any other rights it has in law, to:-
      • terminate this Agreement, provided that the breach in question constitutes Cause and materially goes to the root of this Agreement; or
      • claim specific performance of all the Defaulting Party’s obligations whether or not due for performance,

in either event, without prejudice to the Non-Defaulting Party’s right to claim damages.

15. WARRANTIES
    • Each of the Parties hereby warrants to and in favour of the other that:
      • it has the legal capacity to enter into this Agreement;
      • this Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms;
      • the execution of this Agreement and the performance of its obligations hereunder does not and shall not:

15.1.3.1   contravene any law to which that Party is subject;

15.1.3.2   conflict with, or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it;

• to the best of its knowledge and belief, it is not aware of the existence of any fact or circumstance that may impair its ability to comply with all of its obligations in terms of this Agreement;
• the natural person who signs and executes this Agreement on its behalf is validly and duly authorised to do so.

16. DATA PROTECTION LAWS
    • The Lessor shall only supply or Process Data and Personal Information in compliance with the requisite Data Protection Laws and Regulations.
    • The Lessor’s Privacy Policy on its website demonstrates how the Lessor collects, shares and uses Personal Information of data subjects in its business interactions and service offering, and how data privacy rights can be exercised.
    • The Lessor undertakes that it will Process any Personal Information that the Lessee provides it with in accordance with its duties and obligations in terms of the Data Protection Laws and Regulations.
17. INDEMNITY
    • The Lessee hereby irrevocably and unconditionally indemnifies, defends, and holds harmless the Lessor, its subsidiaries, affiliates, officers, directors, employees, agents, contractors, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, actions, suits, proceedings, demands, Losses, liabilities, damages, judgments, settlements, costs, and expenses of any kind whatsoever (including, without limitation, all reasonable legal fees, expert fees, and disbursements) (collectively, “Losses”), whether direct or indirect, that the Indemnified Parties may incur or suffer as a result of, or in connection with:
      • any act, omission, negligence, wilful misconduct, or breach of this Agreement by the Lessee, its subsidiaries, affiliates, officers, directors, employees, agents, contractors, or representatives;
      • any failure by the Lessee to comply with any applicable laws, regulations, or industry standards;
      • any claim or allegation that the Goods stored in the Unit, as provided or instructed by the Lessee, infringe upon or misappropriate any property rights or legal entitlements of any third party;
      • any use or misuse of the Unit by the Lessee or any third party acting on the Lessee’s behalf;
      • any breach of any representation, warranty, covenant, or agreement made by the Lessee in this Agreement;
      • any claim arising out of damage to the Unit, or any property or injury to persons caused by the Lessee’s use of the Unit, except to the extent such claim arises solely from the gross negligence or wilful misconduct of the Lessor.
    • The Lessee acknowledges that this indemnity extends to any Losses incurred as a result of the Lessor enforcing its rights under this Agreement, including but not limited to legal fees, tracing costs, and collection charges incurred in the recovery of outstanding Rental or damages.
18. LIMITATION OF LIABILITY
    • To the fullest extent permissible by applicable law, the Lessor disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the use of the Unit provided under this Agreement. The Lessee acknowledges and agrees that it uses the Unit at its sole risk and that they are provided on an “as is” and “as available” basis.
    • The Lessee agrees that the Lessor does not guarantee, and shall not be liable for, any specific outcome, result, or condition arising from the use of the Unit. The Lessor does not warrant that access to the Unit will be uninterrupted, error-free, or secure, nor does it make any representations regarding the condition, security, or suitability of the Unit.
    • To the extent permitted by law, the Lessee further agrees that neither the Lessor, nor any of its affiliates, subsidiaries, officers, directors, employees, agents, contractors, or representatives, shall be liable for any type of Losses, whether direct, indirect, incidental, consequential, special, punitive, or exemplary, regardless of the cause or form of action, including but not limited to Losses arising from:
      • the Lessee’s negligence, misconduct, or breach of this Agreement;
      • the Lessee’s failure to comply with any applicable laws, regulations, or requirements regarding the Goods stored in the Unit;
      • any delays, errors, interruptions, or failures in access to the Unit caused by maintenance, repairs, or circumstances beyond the reasonable control of the Lessor;
      • any loss or damage to the Goods stored in the Unit, including but not limited to damage caused by theft, fire, flood, water, pest, vermin, or any other natural or environmental causes;
      • any unauthorised access to or interference with the Unit, except where caused solely by the gross negligence or wilful misconduct of the Lessor; and
      • any other event, circumstance, or factor outside the reasonable control of the Lessor.

19. FORCE MAJEURE AND INTERRUPTION EVENTS
    • If either Party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under this Agreement, whether timeously or at all, due to an Interruption Event, such Party shall be relieved of its obligations in terms of this Agreement during the period that the Interruption Event and its consequences continue, only to the extent so prevented, and may not be liable for any Losses which the other Party may suffer as a result.
    • If either Party to this Agreement is prevented from or delayed in performing any of its obligations under this Agreement by an Interruption Event, then it will notify the other Party in writing of the nature and expected duration of such Interruption Event and of the obligations, performance of which are thereby delayed or prevented and both Parties will thereupon be excused from the performance or punctual performance, as the case may be, of their respective obligations from the date of such notification for so long as the Interruption Event may continue.
    • The Party prevented from or delayed in performing any of its obligations will use all reasonable endeavours to overcome or abate the effect of such event of force majeure as soon as possible.
    • Notwithstanding any of the aforegoing, should the Interruption Event continue for more than 30 (thirty) days, the Party not so effected shall be entitled to terminate this Agreement.
20. DISPUTE RESOLUTION
    • The Parties consent to any legal proceedings arising from this Agreement being heard in the relevant Magistrates’ Court with competent jurisdiction. Either Party shall be entitled to recover from the other all legal costs arising from such legal proceedings, including, but not limited to, collection commissions, tracing charges and legal fees, on an attorney and own client scale.
    • Notwithstanding the Party’s right to proceed to institute any action or application in the relevant Court, the Parties agree that in the event of there being any dispute or difference between the parties arising out of this Agreement, the said dispute or difference may, on written demand by either Party, be submitted to Arbitration in Johannesburg, in accordance with AFSA rules, which Arbitration shall be administered by AFSA.
    • The Parties irrevocably agree that the decision in any Arbitration proceedings will be binding on all of them and may be made an order of any court of competent jurisdiction.
    • Nothing contained herein shall be deemed to prevent or prohibit either Party from applying to the appropriate court for urgent relief.
    • The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of the Agreement.
21. NOTICES AND DOMICILIA
    • The Parties choose the following addresses at which they shall accept delivery of any communications and/or notices, and service for all legal processes:

THE LESSOR
Address	As per the details in the Key Term Sheet.
Email address	As per the details in the Key Term Sheet.

 

THE LESSEE
Address	As per the details in the Key Term Sheet.
Email address	As per the details in the Key Term Sheet.

• Every communication and/or notice, consent or other communication required or permitted under this Agreement will be in writing and will be deemed to have been received by the addressee:
  • If delivered by hand, on the business day following delivery;
  • If sent by courier, on the 5^th day following dispatch by courier;
  • If sent by email, on the date of dispatch and at the time recorded by the computer/mobile device used by the sender, or when an acknowledgment of receipt is received.
• If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing the receipt of electronic data messages, shall apply.
• Either Party may change its address and contact details by written notice to the other Party, provided that the change shall be effective on the 10^th (tenth) business day after the receipt of the notice of change of address and contact details.

22. GENERAL
    • Whole Agreement

This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the Parties.

• No Variation

No contract varying, adding to, deleting from, or cancelling this Agreement, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties, except where such amendment or variation is made unilaterally by the Lessor in accordance with clause 22.8.

• Cession and Assignment

The Lessor shall be entitled to cede, assign, novate or otherwise transfer any of its rights, interests or obligations in terms of this Agreement or any part thereof or any benefit or obligation arising under the Agreement, without the prior written consent of the Lessee. The Lessee shall not be entitled to cede, assign, novate or otherwise transfer any of its rights, interests or obligations in terms of this Agreement or any part thereof or any benefit or obligation arising under the Agreement, without the prior written consent of the Lessor.

• No Indulgences

No latitude, extension of time or other indulgence, which may be given or allowed by a Party to another in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement and no single or partial exercise of any right by any Party shall, under any circumstances, be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

• No waiver or Suspension of Rights

No waiver, suspension or postponement by any Party of any right arising out of or in connection with this Agreement shall be of any force or effect unless in writing and signed by such Party.  Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.

• Severability

In the event that any of the provisions of this Agreement are found to be invalid, unlawful, or unenforceable, such terms will be severable from the remaining terms, which shall continue to be valid and enforceable.

• Counterparts

This Agreement may be executed in two counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument.

• Amendments by the Lessor

Lessor reserves the right to unilaterally amend, modify, or update the terms and conditions of this Agreement from time to time. The latest version of the Agreement, as displayed on the Lessor’s website, shall apply, and the Lessee agrees to be bound by such updated terms and conditions. It is the responsibility of the Lessee to review the latest version of the Agreement periodically.

• Acknowledgment by the Lessee

The Lessee acknowledges that he/she/it has read, understood, and agreed to the terms and conditions set out in this Agreement and that he/she/it has had the opportunity to seek independent legal advice where necessary prior to entering into this Agreement.