Agreement of Terms and Conditions

Entered in to between

The Office Mob (Pty) Ltd (2017/224116/07)

1. Interpretation In this agreement the following words have the following meanings: “Office Provider” means the person(s), firm or company acquiring the services of The Office Mob (Pty) Ltd hereunder. “Office Seeker” means the person (s) or company that has entered into a lease and/or services agreement with the Office Provider. “The Office Mob” means The Office Mob (Pty) Ltd registered in the Republic of South Africa under company registration number 2017/224116/07 with its registered office at Silverberg Terrance, Steenberg Business Park, Cape Town, South Africa, 7945. “Sale” or “Lease” means the entering into of a binding contract between the Office Provider and the Office Seeker.
2. Application of terms
   1. These conditions shall govern all services provided by The Office Mob to the Office Provider.
   2. Each introduction of a customer to the Office Provider by The Office Mob shall be deemed to be subject to these conditions and any contract entered into between the Office Provider and an Office Seeker so introduced shall give rise to an obligation to pay commission in accordance with clause 3 below
3. Commission
   1. In consideration for The Office Mob introducing Office Seekers to the Office Provider, the Office Provider will pay commission to The Office Mob in accordance with this clause. An invoice will be raised by The Office Mob when a deal is confirmed by the Office Seeker or the Office Provider.
   2. Such commission will be payable within 3 days of the date of the invoice.
   3. Commission will become due to The Office Mob once the Office Provider has a signed agreement or a deposit or the Office Seeker has taken occupation – whichever occurs first will give rise to an obligation to The Office Mob by the Office Provider.
   4. For the purposes of these conditions:
      1. The commission shall be payable in South African Rand.
      2. The commission shall be an amount equal to 9% of the office rent payable by the Office Seeker to the Office Provider during the first 12 months from the start date of the contract, including expansions that occur within the first 12 months of the start date of the contract.
      3. In addition to the initial commission paid for the first 12 months of the lease period or lease occupation, an additional commission of 7% is payable by the Office Provider to The Office Mob on any renewals that take place beyond the initial 12 months of occupation by the Office Seeker. The 7% commission on renewals is calculated on the lease period of all lease renewals after the initial 12-month lease period.
      4. The above stated commission is applicable unless an alternative percentage fee has been agreed in writing between The Office Mob and the Office Provider.
      5. All sums payable by the Office Provider to The Office Mob pursuant to these conditions are exclusive of VAT (if applicable).
      6. In the event of insolvency of the Office Provider, or an account being referred to our legal department for non-payment, all commission payable in accordance with clause 3 above shall become immediately due and payable in full.
      7. All successful referrals of Office Seekers made by The Office Mob to the Office Provider shall be deemed to be introductions giving rise to commission payments, unless the Office Provider is able to demonstrate to the reasonable satisfaction of The Office Mob, within 48 hours of the referral, that it has previously been contacted by such person other than through The Office Mob referral. Any viewings arranged by The Office Mob shall be deemed to be introductions giving rise to commission payments; this includes viewings arranged superseding referrals by other brokers.
      8. It is required that all payments will be made to The Office Mob by Electronic Funds Transfer (EFT) directly to The Office Mob’s bank account provided on the relevant invoice.
4. Limitations, Exclusions and Indemnity
   1. All warranties, conditions and other terms implied by statue or common law shall be excluded to the maximum extent permitted by South African law and The Office Mob shall have no liability for any claim between the Office Provider and the Office Seeker.
   2. Notwithstanding clause 4(a), the liability of The Office Mob shall at all times be limited to the amount of commission received by The Office Mob in relation to the letting or sale in question.
   3. The Office Provider shall indemnify and hold harmless The Office Mob from and against all and any costs, claims, loss or damage arising in respect of any claims brought by an Office Seeker of the Office Provider or any third party arising out of the activities of The Office Mob or the Office Provider.
5. Termination
   1. These conditions shall be terminable with immediate effect by either party on the giving of 30 working days written notice to the other.
   2. Notwithstanding clause 5(a), any contract entered into following termination, between the Office Provider and an Office Seeker introduced by The Office Mob prior to termination, shall give rise to the payment of commission in accordance with clause 3 as if these conditions continued to apply.
   3. If a business centre, serviced office, co-working provider etc. is sold, the onus lies with the Office Provider to advise The Office Mob in writing and ensure that the new owners are aware of the future commission payment obligations to The Office Mob. Where the Business Centre, Serviced Office, co-working provider etc. is sold, it is expected that all liabilities and obligations to The Office Mob will form part of the sale, thereby obligating the new owners to maintain all due future payments to The Office Mob. Failure to comply will result in the original owners/operators being liable for any outstanding and future commission payments. Commission will become due to The Office Mob once the Office Provider has a signed agreement or a deposit or the office seeker has taken occupation.
6. Late Payments
   1. The Office Mob reserves the right to add interest to outstanding overdue invoices at the rate of 5% above the prime bank interest rate in the Republic of South Africa.
   2. Failure by The Office Mob to collect outstanding overdue invoices will result in matters being handed over to our attorneys/debt collectors. The Office Mob reserves the right to add any subsequent legal fees, debt collection percentage etc. and these fees will be payable by the Office Provider as well as accruing interest, calculated in accordance with the interest rate stated in clause 6(a) from the date the invoices became due.
7. Governing Law
   1. These conditions shall be governed by and construed in accordance with the applicable South African law and regulations.
8. Marketing
   1. The Office Mob reserves the right to market all listed properties on partner and affiliate websites and social media platforms. The Office Mob is not responsible for the content or availability of any third party websites.
9. Miscellaneous
   1. Any waiver by either party of any breach or non-compliance with these conditions by the other will not be construed as a waiver of any earlier or later default of a like nature.
   2. Neither party shall be entitled to assign the benefit of these conditions.
   3. Except as may be agreed from time to time, neither party shall have authority to act for, represent or bind the other.
   4. The Office Mob provides its services hereunder as an independent contractor and not as agent, partner or employee of the Office Provider.
   5. These conditions contain the whole agreement between the parties relating to transactions contemplated hereby and supersedes all previous agreements between the parties relating to these transactions.
   6. Each party acknowledges that in agreeing to enter into this agreement it does not rely on any representations or warranty, collateral contract or other assurance other than those as set out in this agreement. Each party waives all rights and remedies which, but for this sub-clause might otherwise be available to it in respect of such representation, warranty, collateral contract or other assurance, provided that nothing in this clause shall limit or exclude any liability for fraud.
   7. The Office Mob reserves the right to amend this Agreement at any time in writing. Any amendments must be agreed to in writing by the Office Provider.