WORKPODS LEASE GENERAL TERMS AND CONDITIONS

 

  1. DEFINITIONS

In this Lease, unless the context otherwise requires, the expressions defined below shall bear the meanings set out hereunder:

1.1      “Business Day” means every day except a Saturday, Sunday or official public holiday;

1.2      “Commencement Date” means the date as recorded in the Schedule;

1.3      “Lease” means this Lease Agreement comprising the Schedule, General Terms and Conditions, and such other annexures attached to the Lease;

1.4      “Leased Premises” means the area let in terms of this lease and as described in the Schedule, including mezzanines, if installed;

1.5      “Occupants” means the number of people occupying and/or operating from the Leased Premises;

1.6      “Property” means the property upon which the Leased Premises are situated;

1.7      “Schedule” means the Lease Agreement which includes the Schedule;

1.8      “Termination Date” means the date upon which this lease agreement terminates;

1.9      the masculine gender includes all other genders;

1.10    the clause headings shall not be taken into account in its interpretation;

1.11    all rentals and other amounts stipulated herein include value added tax;

  1. RECORDAL

The Lessor hereby lets to the Lessee, who hereby leases the Leased Premises specified in the Schedule, on the terms and conditions as set out below.

  1. COMMENCEMENT DATE AND DURATION

This Lease will commence on the Commencement Date and continue for the Initial Lease Term as set out in the Schedule. The Lease will automatically renew for further periods of 1 (one) calendar month thereafter, commencing on the first calendar day at the end of the Initial Lease Term, and shall continue on this basis for an indefinite period subject to the provisions of Clause 16.

  1. PAYMENT OF TOTAL MONTHLY RENTAL AND OTHER CHARGES

4.1      In consideration for leasing the Leased Premises, the Lessee shall pay the Lessor the rental amount stipulated in the Rental Schedule, it being acknowledged that the Lessor is not required to send out invoices or statements prior to receiving payment from the Lessee.

4.2      The rental is payable monthly in advance, on or before the 1st (first) day of the month.

4.3      Rental may be paid by any of the following methods:

4.3.1    Debit order. The Lessee is required to complete and sign a debit order authorisation form which will be attached to this Lease as Annexure “C”. By signing the debit order authorisation, the Lessee explicitly authorises the Lessor to recover the following fees and costs via the debit order:

4.3.1.1     Rental (including VAT), including any increase provided for in terms of this Lease (clause 4.5);

4.3.1.2     Late payment and interest fees (clause 5);

4.3.1.3     Any bank charges or other administrative charges incurred by the Lessor due to late payment by the Lessee;

4.3.1.4     Any other charges which may become due and payable arising out of the Lessee’s use of the Leased Premises.

4.3.2    Lessor’s Hosted Payment Gateway. This is utilized by following and making use of the payment link provided by the Lessor to the Lessee.

4.3.3    Electronic Funds Transfer (EFT) which is subject to an additional 5% payment administration fee.

4.3.4    Credit Card which is subject to an additional 5% bank transaction fee.

4.4      All payments made to the Lessor pursuant to this Lease shall be applied first to administrative costs and charges (such as Late Payment Fees / interest) before the balance is set-off against outstanding rental.

4.5      Upon expiry of the Initial Lease Term the Lessor reserves the right to increase the rental from time to time by giving 30 calendar day’s written notice thereof to the Lessee. If the Lessee does not accept the increase within 7 (seven) days of receipt of such written notice, the Lessor shall be entitled to cancel the Lease in accordance with clause 16. Notwithstading, and in addition to the provisions of this clause, the rental payable shall be increased on the 1st March each and every year to the then current list price applicable to the Leased Premises.

4.6      The Lessee may not withhold, abate or delay payment of any amounts because he has been inconvenienced, or because the use of the Leased Premises has been impaired or restricted by repairs, renovation, interruption in the supply of services, or for any other reason whatsoever.

4.7      In addition to the rental charges the Lessee shall pay the Lessor for all additional charges, including but not limited to, lease administration fees, EFT administration fees, credit card transaction fees, late payment fees, interest, meeting room and studio rental fees, event attendance fees, photocopying charges and the like, as and when incurred by the Lessee.

  1. LATE PAYMENTS

5.1      If any amount due, in terms of this Lease, is paid after the due date, the Lessee shall, be liable for interest on the unpaid amount, calculated at the prime interest rate as published by Standard Bank plus 2%.

5.2      In addition, the Lessee shall be liable to pay the Lessor a Late Payment Fee in the amount stipulated in the Schedule in each instance of late payment.

5.3      Should the Lessee pay any amount due in terms of this Lease after the due date on more than 3 (three) occasions then the Lessor has the right to list the Lessee as a late payer with any of the Credit Bureaus.

  1. DEPOSIT

6.1      The Lessee shall, in order to secure the leased premises, pay the deposit together with the first months rental and additional charges to the Lessor as set out in the Schedule.

6.2      The deposit shall not accrue interest.

6.3      The Lessor shall refund the deposit, less deductions, within 30 (thirty) days after termination of the lease.

6.4      The Lessor reserves the right at any time prior to the termination of the lease to deduct any amount due in terms of this lease from the deposit. In such event the Lessee shall, on demand, pay to the Lessor such amount as to reinstate the deposit to the amount provided for in the Schedule.

6.5      It is specifically recorded that the deposit may not be applied by the Lessee as payment for the last month’s rental or for any other amount due to the Lessor in terms of this Lease.

  1. INSURANCE

7.1      The Lessee shall not do or omit to do anything or allow anything to be done, which may constitute a contravention of the terms of any insurance policy held by the Lessor in respect of the Leased Premises, or which may increase the Lessor’s insurance premiums in respect thereof. The Lessor’s insurance policies are available for inspection by the Lessee, and the Lessee is obliged to acquaint himself with the terms thereof.

7.2      The Lessee undertakes to ensure that any and all goods stored or kept in the Leased Premises are properly and comprehensively insured at all times against any loss of whatsoever nature, including but not limited to any damage or loss from burglary, theft, robbery, breakage, fire, storm, flood, earthquake, tempest riots, labour strikes, civil commotion, and to cover public liability of any kind, by a reputable insurance company.

  1. TERMS OF USE

8.1  GENERAL

8.1.1    The Lessee undertakes not to store any goods likely to cause damage, including, but not limited to any storage of food or perishables without the Lessor’s permission (unless the leased premises are used as a kitchen), plants, birds, fish, animals or any other creatures, explosive, flammable liquids, chemicals, radioactive materials, biological agents, toxic waste, asbestos or other materials of a potentially dangerous nature; any items which emit any fumes, smell or odour; any illegal substances, any items or goods illegally obtained; substances likely to cause injury, damage, infection or which may be harmful to any other goods of any other Lessee.The Lessor shall be entitled to remove such goods without notice to the Lessee and the Lessee indemnifies the Lessor against any claim for damages which may be instituted against the Lessor arising from the storage of any goods as referred to in this clause.

8.1.2    The Leased Premises may not be used for any illegal purposes or any other purposes that contravene any local, provincial and/or national laws.

8.1.3    The Lessee shall immediately notify the Lessor in writing of any change in the Lessee’s contact details (including the Lessee’s email address) as stipulated in the Schedule.

8.1.4    The Lessee shall not hinder any other Lessee in the reasonable use of their Leased Premises.

8.1.5    The Leased Premises may only be used for the purpose specified in the Schedule, provided that the Lessee may, upon written request, apply to the Lessor to change their use of the Leased Premises.

8.1.6    The Lessee shall be responsible for the costs to repair any and all damages caused by the them, their employees, agents, customers and/or visitors to the Leased Premises (internally and/or externally), the shared facilities, the Property and any improvements thereon, which cost shall be payable on demand from the Lessor.

8.2  MOVE IN

8.2.1    On occupation, the Lessor and Lessee shall inspect the Leased Premises to identify and record any damage or defect to the Leased Premises. Save for the recorded damages or defects, the Leased Premises shall be deemed to have been received in good order.

8.2.2    The Lessor shall provide the Lessee with a key for the pedestrian door to the Leased Premises, if applicable. The Lessee shall provide its own padlocks for the roller-shutter door and shall keep the Leased Premises locked at all times when not utilising the same.

8.2.3    The Lessor shall provide the Lessee with 2 (two) Access Cards, at no charge, which will provide the Lessee with access to the property, the Hub and other secure areas, as applicable. Any additional access cards, if required, will need to be purchased from the Lessor.

8.3  MOVE OUT

8.3.1    The Lessee is required to reinstate the Leased Premises to the same condition as at the Lease Commencement Date save for any damages recorded in terms of clause 8.2.1 and to hand the Leased Premises back to the Lessor on or before the lease termination date.

8.3.2    The Lessor and Lessee shall meet at a mutually convenient time, which shall be no less than 7 days before the Lease Termination Date, to inspect the Leased Premises in order to determine and agree the extent of any damages caused to the Leased Premises by the Lessee which damages are required to be repaired prior to the Lease Termination Date.

8.3.3    In the event that the Lessee does not make time available to inspect the Leased Premises, as aforesaid, then the Lessor shall be entitled to inspect the leased Premises without the Lessee present and shall be entitled to determine the extent of any damages to the Leased Premises, in his sole discretion.

8.3.4    The Lessee shall ensure that all repairs are completed before the Lease Termination Date. Should the Lessee fail to repair any damages before this date then this Lease shall automatically be renewed for a further period of 1 (one) month at a time on the same terms and conditions save for the Commencement Date which shall become the first calendar day after the said Termination Date.

8.3.5    In the event the Lessee fails to complete the repairs timeously or at all then the Lessee shall be liable for the cost to repair any damages which cost shall be deducted from the Lessee’s deposit. In the event the cost of such damages exceed the amount of the deposit held the Lessee shall pay such excess to the Lessor forthwith upon demand.

8.3.6    On vacating the Leased Premises, the Lessee undertakes;

8.3.6.1     not to leave any waste or refuse in the Leased Premises, failing which the Lessee shall be liable for the reasonable costs of disposing of such waste or refuse.

8.3.6.2     to return the key to the Leased Premises as well as all “free-of-charge” access cards issued failing which the replacement cost of such key and access cards shall be deducted from the Lessee’s deposit.

8.3.7    Any and all goods left by the Lessee in the Leased Premises after the Lease Termination Date shall be considered as having been abandoned by the Lessee and the Lessee hereby grants the Lessor the right to take ownership of such goods and deal with them in any manner he deems fit including the disposal of such goods. Any proceeds raised from the disposal of such goods shall be for the Lessor’s benefit.

8.4  LESSEE ACCESS TO THE PROPERTY AND LEASED PREMISES

The Lessee acknowledges that access to the Property and Leased Premises is controlled and managed by the Lessor and/or its agents. The Lessee and all their staff members are required to duly complete the Lessor’s access control documentation and procedures in order to be registered on the Lessor’s access control system and to gain access to the Property and Leased Premises. The Lessee is responsible for authorizing and approving each of their staff members registration on the access control system.

8.5  LESSOR ACCESS TO LEASED PREMISES

The Lessee permits the Lessor, its agents and service providers, to enter the Leased Premises, and if necessary, to break the lock to gain entry:

8.5.1    provided the Lessee has received not less than 7 (seven) days’ notice to inspect the Leased Premises or to carry out repairs, maintenance and alternations to it and the Lessee has failed to provide the access required;

8.5.2    at any time without notifying the Lessee should the Lessor:

8.5.2.1     need to gain entry incidental to the exercise of the Lessor’s powers pursuant to clause 16;

8.5.2.2     is required to do so by the SA Police, Fire Services, Local Municipality or by a Court Order;

8.5.2.3     needs to prevent injury or damage to persons or property.

8.6  RELOCATION

8.6.1    This Lease shall not confer on the Lessee any right to exclusive possession of the Leased Premises beyond the Initial Lease Term. Upon expiry of the Initial Lease Term, the Lessor may, by giving the Lessee 7 (seven) calendar days’ written notice, require the Lessee to relocate to another Leased Premises specified by the Lessor which unit shall not be smaller than the current Leased Premises.

8.6.2    Should the Lessee not remove it’s property to the alternative Leased Premises by the date specified in the Lessor’s written notice, the Lessee agrees that either the Lessor or its agents or service provider may enter the Leased Premises and, as the Lessee’s agent, remove the property. The removal will be at the Lessee’s risk, except for loss or damage caused willfully or negligently by the Lessor or its agent or service providers.

8.6.3    If the property is moved to alternative Leased Premises, this Lease will be varied by the substitution of the alternative Leased Premises as the description of the “Leased Premises” but shall otherwise continue in full force and effect.

8.6.4    The Lessor agrees to pay the Lessee’s reasonable costs of relocating which will be agreed in writing by the Lessor prior to relocating.

8.7  IMPROVEMENTS AND ALTERATIONS TO LEASED PREMISES

8.7.1    No nails, fixtures or attachments of any kind are to be affixed to any of the walls, ceiling or doors of the Leased Premises without the prior consent of the Lessor.

8.7.2    The Lessee may not undertake any improvements, alterations or additions to the Leased Premises including the air-conditioning units, if installed, without the prior written consent of the Lessor. Such consent by the Lessor may be conditional upon the Lessee increasing their deposit to cover the anticipated costs of reinstating the unit. Any improvements, alterations or additions, which the Lessee may have effected to the Leased Premises shall become the property of the Lessor, and the Lessor shall not be obliged to compensate the Lessee in respect thereof. The said improvements, alterations or additions shall, if the Lessor so requires, be removed by the Lessee at the end of the lease and the Lessee shall make good all damage or unsightliness caused by such removal at their cost.

  1. STORAGE OF GOODS

9.1      The Lessee warrants that he is the sole owner of any and all goods to be stored in the Leased Premises, alternatively is entitled to be in possession thereof. The Lessee further acknowledges that all goods will be subject to the provisions of this Lease.

9.2      The Lessee must ensure that the Leased Premises are suitable for the storage of the goods that are, or are to be, stored.

  1. MAINTENANCE AND REPAIRS

10.1    The Lessee shall:

10.1.1  keep the Leased Premises, including the interior and exterior of all windows, and all its contents clean, tidy and in good order, condition and repair;

10.1.2  be responsible for the maintenance and repair of any/all damage to the interior of the Leased Premises and to the interior and exterior of all doors, door frames and handles, shopfronts and windows, window frames and handles, irrespective of how such damage occurred;

10.1.3  at its own cost maintain, and where necessary, replace any electrical systems, including but not limited to electrical outlets, plugs and distribution boards, installed in the Leased Premises.

10.1.4  be responsible for the cost of maintaining all air-conditioning units, if installed, in good order and condition which maintenance shall be undertaken by the Lessor;

10.1.5  replace at its own cost all light fittings, fluorescent tubes, starters, globes, ballasts, diffusers and incandescent lamps used in the Leased Premises;

10.1.6  shall be responsible for the pest control in the Leased Premises. If the Lessee does not exercise proper pest control in the Leased Premises, then the Lessor can cause pest control to be exercised in those Leased Premises and charge the relevant amounts to the Lessee. If, as a result of such pest control not being properly exercised by the Lessee, pest problems develop elsewhere in the property, then the Lessee will be liable for whatever costs are incurred by the Lessor in taking care of such pest control in the property.

10.2    The Lessor shall be responsible for the maintenance of, and for all repairs and replacements becoming necessary from time to time in or to, the building and all parts thereof other than those which are the responsibility for the time being of Lessees or of the local authority, and the Lessor’s obligations in respect thereof shall include the maintenance and repair of the structure of the building, all systems, works and installation contained therein (other than those which are the responsibility of the Lessee or other Lessees within the building), the roofs, the exterior walls, the grounds and gardens, and all other parts of the common areas.

10.3    The Lessor shall not, however, be in breach of clause 10.2 above insofar as any of its obligations thereunder are not or cannot be fulfilled by reason of any Force Majeure or the acts of omissions of others over whom the Lessor has not direct authority or control, and where the Lessor is indeed in breach of clause 10.2, the Lessee’s only remedy against the Lessor shall be a right of action for specific performance.

10.4    In the event that the Lessee fails to attend to any maintenance or repairs in terms of this lease agreement, then the Lessor shall:

10.4.1  give the Lessee 7 (seven) days written notice, calling upon the Lessee to attend to such maintenance/repairs;

10.4.2  in the event that the Lessee does not do so within that period, then the Lessor shall be entitled itself to, or through someone else, attend to such maintenance and repairs and claim the cost thereof from the Lessee.

  1. SECURITY

In the event that the Lessor directly or indirectly provides security services or any security equipment in or around the Leased Premises or the property then the Lessee:

11.1    agrees that the Lessor will not be held responsible or legally liable for any acts or omissions of the person/s or entity/ies carrying out such security services or for the failure of any of the security equipment or in the event that the security equipment is not in working order;

11.2    the Lessee waives any claims which it may have against the Lessor arising out of the provision of security services or security equipment by the Lessor.

  1. INTERRUPTION OF USE

The Lessee shall have no claim of whatever nature, whether for remission of rent, inconvenience, financial loss or otherwise, by reason of the property and/or the Leased Premises falling into a state of disrepair and/or by reason of the interruption of any services (including but not limited to the supply of electricity and water) relating thereto, or by reason of any maintenance, repair, renovation or rebuilding activities.

  1. LIMITATION OF LIABILITY

The Lessor shall not be liable to the Lessee or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages including (without limitation) personal injury, loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the parties at the time of the conclusion of this Lease which may arise out of the Lessee’s use of the Leased Premises, any installations, additions or alterations thereto, or the property.

  1. BREACH

14.1    Should the Lessee:

14.1.1  fail to make any payment in terms of this lease agreement by the due date for such payment; or

14.1.2  breach any other term of this lease and fail to remedy any such breach within 7 (seven) days after having been given written notice requiring that breach be remedied; or

14.1.3  conduct itself in such a way or consistently breach this lease agreement so that the lessee’s conduct is inconsistent with the intention or ability to carry out the terms of this lease agreement;

14.2    then the Lessor shall be entitled, but not obliged, to:

14.2.1  enforce the provisions of this lease and claim damages; or

14.2.2  without further notice or demand, cancel this Lease (on written notice to the Lessee to that effect) and resume possession of the leased premises and without derogating from the rights of the Lessor, claim any arrear rentals and/or other amounts, payable to it and to claim and recover from the Lessee such damages as may be suffered in consequence of such breach and/or cancellation;

14.2.3  Notwithstanding the above, no notice of breach shall be required from the Lessor if the Lessee has twice during the same 12 (twelve) month period breached the same or similar provisions of this lease.

14.3    The Lessee acknowledges that;

14.3.1  all time limits imposed on the Lessee by this Lease must be complied with strictly;

14.3.2  all property in the Leased Premises are subject to a general lien in favour of the Lessor for all rentals and or other amounts owing to the Lessor by the Lessee. In the event of any outstanding monies not being paid in full within 7 (seven) days after written notice requiring the breach to be remedied, the Lessor may enter the Leased Premises using such force as is necessary and which shall include the cutting of any locks and make an inventory of the property in the Leased Premises and take possession of such property (including the right to remove same) which property shall become the property of the Lessor. The Lessor shall, in addition, have the right to sell the property by private arrangement or public auction to defray any unpaid rentals, or costs associated with collection fees and/or costs associated with disposal of the property; and/or dispose of the property as the Lessor reasonably sees fit.

14.3.3  the Lessor shall, for as long as the Lessee remains in breach of this lease agreement, be entitled to deny the Lessee access to the Property and/or Leased Premises as it in its sole discretion deems fit.

14.4    In the event the Lessor institutes legal proveedings against the Lessee as a result on the Lessee’s breach then the Lessee shall be responsible for all legal fees incurred by the Lessor on an attorney and own client scale, including counsel fees, as applicable.

  1. TRANSFER OF RIGHTS

15.1    The Lessee may not without the prior written consent of the Lessor sublet the Leased Premises or allow anyone else to occupy the Leased Premises.

15.2    The Lessee may not cede, assign or encumber his rights under this lease.

15.3    In the event of a sale of the property by the Lessor to any third party, the Lessee agrees to be bound to such third party in terms of this lease. The Lessor shall furthermore at any time be entitled to sell, cede, assign, delegate and make over unto or in favour of any legal persona, all its rights, title, interest and obligations as contained herein.

  1. TERMINATION

16.1    Upon expiry of the Initial Lease Term, either party may terminate this Lease, by giving the other party 30 calendar days written notice to this effect.

16.2    The Lessee agrees and acknowledges that:

16.2.1  there are no pro-rata rental refunds in the event that it vacates the Leased Premises before the Termination Date;

16.2.2  if the Leased Premises are vacated at any time without the required notice in terms of clause 16.1 having been provided, the Lessor shall be entitled to set off the Lessee’s deposit against any outstanding monies due; and

16.2.3  if the Leased Premises are vacated after the Termination Date, a full month’s rental shall be due in respect of that month.

16.3    In the event of illegal or environmentally harmful activities taking place at the Leased Premises, the Lessor may, on written notice, immediately terminate the Lease.

16.4    Upon termination the Lessee shall remove all property in the Leased Premises and leave the Leased Premises in a clean and tidy condition and in a good state of repair, to the satisfaction of the Lessor. The Lessee shall pay all outstanding monies owed to the Lessor up to and including the Termination Date, failing which the provisions of clause 14.3 shall apply. Property not removed from the Leased Premises will become the property of the Lessor who may deal with such property in any manner they in their sole discretion deem fit.

  1. NOTICES AND DOMICILIA

Any notice to be given pursuant to the terms of this Lease shall be given in writing to the party due to receive such notice:

(i) in the case of the Lessee at the physical or email address of the Lessee, as stipulated in the Schedule; and

(ii) in the case of the Lessor at the physical or email address of the Lessor, as stipulated in the Schedule.

Notices to the physical address shall be delivered personally and shall be deemed to be received on delivery and, in the case of email transmission, on completion of the transmission provided that the sender shall have received printed confirmation of transmission.

  1. CONDUCT RULES

18.1    The Lessor may from time to time prescribe conduct rules relating to the use and enjoyment of the Leased Premises and/or the Property. The conduct rules, as applicable and in force as at date of signature hereof, are attached hereto as Annexure “B”.

18.2    The Lessee agrees to abide by the said Conduct Rules as published and amended from time to time, and to comply with any reasonable instructions of the Lessor, its employees, agents or service providers in relation thereto.

  1. PREPAID UTILITIES

The Lessee shall pay for all utilities that are consumed by the Lessee in or on the Leased Premises, as separately metered by the relevant prepaid meter, including electricity, water and gas, if applicable. In the event that an electrical backup power solution is installed at the Property, the Lessee shall be liable to pay a monthly availability charge for this at a rate determined by and as published by the Lessor from time to time.

  1. RELAXATION

No latitude, extension of time or other indulgence granted by the Lessor to the Lessee will prejudice any right of the Lessor, or form the basis of any waiver, estoppel or novation of any obligation under this Lease.

  1. GENERAL

21.1    Any signatures appearing electronically, in written ink or electronic stamp shall constitute a legally binding signature.

21.2    Any right granted herein to the Lessor may be exercised by the Lessor’s rental agent or other representative.

21.3    If this Lease is signed for the Lessee by a person (“Signatory”) acting as an agent or representative of the Lessee, then the Signatory by their signature hereto shall be liable jointly and severally for all the obligations imposed on the Lessee in terms of this Lease.

21.4    All of the Schedules and/or annexures hereto are incorporated as part of this Lease.

21.5    This Lease shall be binding upon the parties hereto, including their heirs, executors, administrators and assigns.

21.6    This Lease forms the sole contractual relationship between the parties in relation to the subject matter of the Lease and no variation of this Lease shall have any effect unless such a variation is in writing and signed by both the Lessor and Lessee.

21.7    If any provision of this Lease is unenforceable then that unenforceable provision shall be severed from the remaining provisions of this Lease. The remaining terms and conditions shall remain in full force and effect.

21.8    This Lease supersedes all or any prior agreements or negotiations between the parties hereto relating to the Leased Premises.

21.9    Should the Leased Premises be destroyed or damaged so that it can no longer be beneficially occupied by the Lessee, this Lease shall automatically terminate.

21.10  If the Lessee, for whatever reason, transfers the contents of his Leased Premises to an alternate Leased Premises, this Lease, as signed, is deemed to apply to the alternate Leased Premises, except that the Rental shall be the prevailing rental for the alternate Leased Premises on the date of occupation thereof by the Lessee.

21.11  Any terms not defined in Annexure A shall have the meaning given to them on the Schedule to which these terms are attached.

21.12  These terms shall be read with the Schedule to which they relate and in the event of any conflict between these terms and the terms of the Schedule, the terms of the Schedule shall take precedence, but solely to the extent of such conflict.

21.13  This Lease shall be construed and governed in accordance with the laws of the Republic of South Africa and the parties agree that any Magistrate’s Court that has jurisdiction over the Lessee shall have jurisdiction to hear any action or proceeding that may arise out of this Lease.

21.14  The Lessee undertakes to provide any and all documentation requested by the Lessor which is required to ensure compliance with the requirements of the Financial Intelligence Centre Act (number 38 of 2001). In the event that the Lessee fails to provide such documentation (or any aspect thereof), they hereby indemnify the Lessor against any and all penalties which the Lessor may suffer as a result of such failure to comply.

  1. SPECIAL CONDITIONS

 

WORKPODS CONDUCT RULES

  1. Introduction

1.1      These rules are made by the Lessor as provided for and in terms of the WorkPods Lease Agreement.

1.2      The rules are binding on all lessees, their visitors and/or staff members, as applicable. Any breach of these rules by visitors of staff members will be attributed to the relevant Lessee who will be responsible for such breach.

1.3      These rules will be enforced by the Lessor. Any infringement of these rules may result in the offender’s lease being terminated in accordance with the Lease Agreement and the offender being denied further access to the Property.

  1. Use and Occupation

2.1  Except on an occasional basis and by bona fide visitors, no unit may be used simultaneously by more than:

  • Two people in respect of units up to 18 m² in size; or
  • Three people in respect of units up to 24 m² but greater than 18 m²; or
  • Four people in respect of units greater than 24 m².

Any permanent occupation in excess of the abovementioned is subject to the Lessor’s permission and will attract an “Additional Occupant Fee” per additional occupant of the unit.

2.2      No person is permitted to sleep overnight or reside in a unit or anywhere on the Property including the Hub under any circumstance whatsoever.

2.3  No Lessee may:

  • hold any event of whatsoever nature in their unit, at the Hub or on common property without the prior written consent of the Lessor;
  • erect, store, leave or allow to be erected any article or item on any part of the building or common property;
  • remove any shrub, tree or plant from the common property;
  • except in designated catering units, store any foodstuff and/or perishable items in their unit nor install and maintain refrigeration units in their unit for the purpose of storing of foodstuff and/or perishable items without the prior written consent of the Lessor;
  • undertake any improvements, alterations or additions to or erect any structures (including mezzanine levels) within their unit without the prior written consent of the Lessor;
  • carry out any work whatsoever outside of their unit in any common areas.

2.4      No animals, reptiles, birds or pets shall be brought onto the complex or kept or harboured by a Lessee in their unit. Should the Lessor and or Property Manager discover that any animals, reptiles, birds or pets are being kept or harboured in a unit, the Lessor has the authority to contact the relative authorities, gain entry into the unit and remove such animals, reptiles, birds or pets without written notice to the Lessee. All costs incurred for the removal of animals, reptiles, birds or pets, will be for the Lessee’s account.

2.5      No Lessee is permitted to place any signs, notices, billboards or advertisements of any kind whatsoever on any part of their unit, so as to be visible from outside the unit without the Lessors prior written approval. Contravision branding may be applied to the glass panes of shopfront in accordance with guidelines available on request from the Lessor. Artwork must be submitted to the Lessor for approval and no work may commence prior to the written approval of the Lessor.

2.6      The Lessor shall not be liable for any injury or loss or damage of any description, which a Lessee of a unit or any member of his family, his employee or servant or his relative, friend, acquaintance, visitor, invitee or guest may sustain, physically or to his or their property, directly or indirectly, in or about the property or in the individual unit by reason of any defect to the property, its amenities or for any act done or for any neglect on the part of the Lessor or any of its’ employees, servants, agents or contractors.

2.7      The Lessor or its employee and servants shall not be liable or responsible in any manner whatsoever for the receipt or the non-receipt and delivery or non-delivery of goods, postal matter or any other property of the Lessee.

2.8      A Lessee shall not use of permit his unit to be used for any purpose, which is illegal or injurious to the reputation of the property.

2.9      Each Lessee shall keep his unit free of pests, white ants, borer and other insects and to this end shall permit the Lessor and their duly authorised Service Providers or employees, to enter upon the unit from time to time for the purpose of inspecting and to take such action as may be reasonably necessary to eradicate any such pests.  The costs of inspection and/or eradication of any such pests as may be found within the Leased Premises an the replacement of any material forming part of the unit, which may be damaged by any such pests shall be borne by the Lessee of the unit concerned.

2.10     No smoking is permitted in any unit. Smoking is only allowed in designated smoking areas or areas permitted in accordance with the Tobacco Regulations Act.

2.11     Fire hose reels are only to be used to fight fires. Any unlawful use of a fire hose reel will be subject to a fine as determined by the Lessor.

  1. Noise and Nuisance

3.1      The Lessee may not create any continuous operational nuisances or disturbances (whether through noise, odours, or any other manner whatsoever) on or about the complex. Any occasional, short period nuisances or disturbances are to be minimized and done in consideration of other users.

3.2      All Lessees shall ensure that their use of their unit and of the common areas and facilities is at all times conducted in such a manner as not to detrimentally affect the rights and interests of other users.

3.3      The privacy of all users is to be respected at all times.

  1. Traffic and Vehicles

4.1      A speed limit of 10 kilometers per hour applies within the complex and must be adhered to at all times.

4.2      No quad bikes or motorcycles may be ridden within the complex except when travelling between a unit and the entrance gate for purposes of entering or exiting the complex.

4.3      No vehicles may be repaired or maintained in parking areas or on common property. Repairs and maintenance may only be undertaken inside units.

4.4      Washing of vehicles is restricted to the designated washbay area provided for that purpose. Only vehicles of Lessees may be washed at the designated wash bay area.  The use of hose pipes and taps for the purpose of washing vehicles is subject to general water usage restrictions in force from time to time. All cleaning materials are to be supplied by the Lessee.

4.5      Hooters shall not be sounded within the complex other than in emergencies.

4.6      The maximum gross vehicle mass allowed onto any portion of the premises is 4 tons.

  1. Parking

5.1      Vehicles may only be parked in areas specifically designated for parking. Vehicles may not be parked in driveways or no parking zones. Any illegally parked vehicles may have their wheels clamped and a fine of R500.00 (five hundred rand) will be imposed to have the clamp removed, alternatively the Lessor is permitted and authorised to remove the offending vehicle from the Property at the risk and expense of the Lessee.

5.2      Lessees shall ensure that their vehicles and the vehicles of their visitors do not drip oil or brake fluid onto any hard-surfaced area, including parking areas. If dripping occurs, its removal will be for the account of the Lessee concerned.

5.3      Parking bays may not be used, under any circumstance, to store a vehicle that is damaged or un-roadworthy.

5.4      Vehicles parking or entering the property are subject to the express condition that they are parked at the Lessee’s risk and responsibility and that no liability shall attach to the Lessor or any of their employees for any loss or damage of whatever nature, which the Lessee, or any person claiming through or under him, may suffer in consequence of the vehicle having been parked in the property.

5.6      Under no circumstances will parking in front of fire hydrants be permitted.  A breach of this rule will entitle the Lessor to have any offending vehicle removed or towed away to a public road or garage at the expense of the owner of the vehicle.

5.7      Lessees shall ensure that motor vehicles of visitors are only parked in such areas as are specifically demarcated for that purpose. A breach of this rule will entitle the Lessor to have the offending vehicle towed away at the risk and at the expense of the owner of the vehicle or alternatively the Lessee concerned.

5.8      Where parking areas are demarcated for visitors, such areas may only be used for visitors parking and under no circumstances may any Lessee park their vehicles in such areas.

  1. Security

6.1      All users must comply with all security measures implemented from time to time by the Lessor.

6.2      Roller shutter and pedestrian doors must be kept closed and locked at all times when the Lessee is not in occupation of their unit.

6.3      Lessee’s employees who enter the security area must be registered with the Lessor by way of biometric finger printing to allow pedestrian access via the turnstiles. The Lessee is to complete the required form with the full details of the employee accompanied by a copy of the employee’s ID document. This applies to permanent as well as casual employees.

6.4      Lessee’s employees will only be issued with access cards to allow vehicle access at the request of the Lessee by completing the required form with the full details of the employee accompanied by a copy of the employee’s ID document. The access card will be subject to a fee determined at the time of issue.

6.5      No Lessee or their employees are to allow access to the secure area of the facility to persons who are unknown to them or are not registered by them for access.

  1. Visitors

7.1      Visitors to the complex are required to sign in at the entrance gate and will be allowed access to the visitors waiting area only. Visitors are required to notify the Lessee whom they are visiting of their arrival and the Lessee being visited is required to scan their visitor into the Lessee-only area using their own access disc. If the Lessee is not present on site the visitor will not be granted further access. Visitors must at all times be accompanied by a Lessee or Lessee’s staff member.

7.2      Lessees are responsible for their visitors at all times and are to ensure their visitors comply with the complex’s conduct rules. Any damage caused by such visitors shall be repaired at the cost of the Lessee concerned to the satisfaction of the Lessor, forthwith upon receipt of written notice from the Lessor to do so.

  1. Refuse

8.1      Refuse must be disposed of in the appropriate closed refuse bins, which are stored in such locations as are demarcated for that purpose. All refuse must be separated into the separate and appropriate containers for recycling purposes.

8.2      Lessee’s must ensure that all their refuse fits inside the designated refuse bin and that no refuse is placed on the ground within the designated refuse areas. Any refuse that is too large for a designated refuse bin must be disposed of in the designated central waste area.

8.3      No refuse is to be disposed of on the ground under any circumstances whatsoever.

8.4      No refuse may be brought onto the property and disposed of in the designated refuse bins or skip.

8.5      Used oil, empty paint tins or other hazardous waste must be disposed of off-site at the cost of the Lessee. Under no circumstance is this form of waste to be deposited down any of the drains or placed in the open skip or waste bin area.

  1. Common Area Facilities

9.1      All common area facilities forming part of the Property shall be used at the sole risk of the user. The Lessor and/or their representatives will not be liable for any injury, loss or damage suffered arising from the use of such facilities.

9.2      The use of common area facilities is restricted to Lessees only and, where permitted, their visitors. All visitors must be accompanied by a Lessee at all times when using such facilities.

9.3      Roller-skating, rollerblading and skateboarding are not permitted on any of the hard-surfaced areas at any time.

9.4      No children are permitted to play in the parking areas, driveways, or common areas unless under the supervision of an adult.

  1. The Business Hub

10.1     The Hub, its facilities and business services are for the exclusive use of Lessees and their accompanied visitors.

10.2     Each Lessee is entitled to a single free membership of the Hub. Extra memberships for additional staff and/or visitors can be purchased as required. The Lessor reserves the right to control access to the Hub and are will evict any non-members as it, in its sole discretion, deems fit.

10.3     Smoking is not permitted in the Hub or in any area which is intended for the shared use of all users. Smoking is only permitted in areas specifically designated for that purpose.

  1. Insurance

11.1     The Lessor shall have no responsibility whatsoever for the insurance of the contents of any particular unit and or any vehicle housed in a leased parking bay, which shall at all times be the sole responsibility of the Lessee in question.

11.2     A Lessee shall not do or permit to be done in his unit or common area, anything which will or may increase the rate or premium payable by the Lessor on any insurance policy or which may tend to vitiate any such insurance policy nor bring into the premises or building any hazardous substances whatsoever without the prior written consent of the Lessor.

11.3     The Lessor reserves the right to require the Lessee to have Public Liability Insurance to the value determined by the Lessor should the Lessor deem that the nature of the business or the material stored by the Lessee may in any way be detrimental to the premises and/or the adjacent units.

  1. Catering Units

12.1  Gas

12.1.1  Only gas from the Lessor’s supply may be used. No gas bottles are allowed to be stored or used in the unit.

12.1.2  Only Lessor approved suppliers may carry out any work on the gas geyser and gas installations.

12.2  Waste and Refuse

12.2.1  Only bio-degradable waste is to be deposited in the “Wet Waste” skip. All other solid waste is to be deposited in the “Dry Waste” skip.

12.2.2  Used oil, fat or other hazardous waste must be disposed of off-site at the cost of the Lessee. Under no circumstance is this form of waste to be deposited down any of the drains or in either of the skips.

12.3  Tenant Installations

12.3.1  All installations within the unit must be carried out by Lessor approved service providers. The contact details of these service providers are available on request. Should the Lessee elect to appoint another service provider, the Lessor reserves the right to vet and approve or disapprove such service provider. Where applicable, a Certificate of Compliance (“COC”) must be handed to the Lessor on completion of the work.

12.3.2  No person other than Lessor approved service providers may carry out any work on, service to or additions to any gas installation.

12.3.3  All additional tenant installations must be approved by the Lessor prior to any work being carried out.

12.4  Extractor Hoods

12.4.1  As required by the Health Inspector and the Lessor’s insurers, an extractor hood must be installed in all catering units where food is prepared on an electric or gas hob or the frying and/or grilling of food takes place. Lessees are to advise, in writing, the sizes and exact position of these appliances prior to occupation in order for the extractor hood to be installed. The Lessor will make provision for one extractor hood up to 2.0m in length to be installed in each catering unit.

12.4.2  A bi-annual service will be carried out by the Lessor on the extractor hood installations

12.4.3  It is the responsibility of the Lessee to keep the extractor hoods and filters clean at all times. Should this not be done, the Lessor will appoint a service provider to carry out the cleaning and the cost thereof will by for the account of the Lessee.

12.5  General

12.5.1  Regular health and safety inspections will be carried out by the Lessor on all catering units to ensure compliance with the Health and Safety Act. This will be done in the presence of the Lessee and should problems be found the Lessee will be notified in writing and given a time period in which to correct these problems.

12.5.2  All perishable food products must be kept refrigerated at all times.

12.5.3  Each Lessee must provide and have, in the unit, the appropriate fire extinguisher and fire blanket.

  1. Workshops and Manufacturing Units

13.1     All units where any form of manufacturing takes place must conform to the requirements of the Health and Safety Act. It is the responsibility of the Lessee to make themselves aware of the requirements and to implement such steps as may be required to be compliant.

13.2     Special attention must be paid to the following minimum requirements of the Lessor;

  • A minimum 4.5kg DCP fire extinguisher is to be mounted inside the unit on the wall at the entrance door at the cost of the Lessee.
  • No electrical machinery may exceed the provided amperage rating and care must be taken when switching on multiple machines at the same time.
  • Acceptable dust collection is to be in place should any form of dust result from any manufacturing process.
  • Screens must be in place where welding takes place to protect pedestrians from the harmful arc rays.
  • All raw material and/or other cut-offs and waste material must be disposed of on a daily basis and not accumulated within the unit.
  • No work of any nature is to be carried out on the driveway area outside of the unit unless agreed otherwise with the Lessor.
  1. Mezzanines

In the event a mezzanaine is installed in the Leased Premses the Lessee shall ensure that a maximum point load of 250kg and a maximum area load of 700kg/m² shall not be exceeded;

  1. Non Compliance

The terms and conditions of use set out herein are in the interests of all who are leasing units and/or parking bays at WorkPods. It is a function of the Lessor, its employees, agents, service providers and all Lessees to ensure that these conditions are adhered to at all times. All complaints, violations of these rules, or any other cause of concern must be in written form, addressed to the Lessor in order that appropriate corrective action may be taken.

Website Terms and Conditions

1. Introduction

Welcome to WorkPods!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://workpods.co.za/ (together or individually “Service”) operated by WorkPods.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at enquiries@workpods.co.za so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at enquiries@workpods.co.za.

3. Contests, Sweepstakes, Incentives, Promotions, and Information Accuracy

Any contests, sweepstakes, promotions, incentives or any information provided regarding property and/ or development listings and costs, including but not limited to pricing (collectively, “Promotions and Listings”) made available through Service, may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions or Incentives, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion or Incentive conflict with these Terms of Service, Promotion rules will apply. All information provided regarding real estate listings, costs and pricing is accurate at the time of publishing and is valid for 30 days from the date of publication but is subject to change without notice at the discretion of the developer. Errors andOmissions Excepted (EO&E).

4. Content

Content found on or through this Service are the property of WorkPods or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

5. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

6. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

7. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

8. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WorkPods and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of WorkPods.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to enquiries@workpods.co.za, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

10. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at enquiries@workpods.co.za.

11. Error Reporting and Feedback

You may provide us either directly at enquiries@workpods.co.za or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

12. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by WorkPods.

WorkPods has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

13. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

17. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

18. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

19. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

20. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

21. Contact Us

Please send your feedback, comments, requests for technical support by email: enquiries@workpods.co.za.