Property Maintenance Agreement

1. Purpose of the agreement

1.1 This Agreement sets out the terms and conditions under which the Service Provider will provide property maintenance coordination and maintenance services to the Customer.

1.2 The Customer pays a monthly membership fee in exchange for access to the maintenance services and membership benefits described in this Agreement.

1.3 The membership is intended to provide the Customer with a convenient way to request and arrange maintenance services for the property.

1.4 The Service Provider may use its own employees, contractors or independent third-party service providers to perform work.

2. Membership options and fees

The Customer may select one of the following membership plans:

2.1 The selected membership plan will be recorded on the Customer's membership confirmation.

2.2 Membership fees are payable monthly.

2.3 One membership "use" (called an "included visit" elsewhere on this website) consists of up to 1 hour of labour by the Service Provider or an assigned contractor.

2.4 Membership uses relate to the Customer's selected annual allowance.

2.5 Membership uses that are not used during the applicable membership period do not automatically carry over into the next membership period, subject to the unused-membership refund provisions in section 20.

3. Membership period

3.1 The intended membership period is 12 months, starting on the membership start date recorded in Schedule A.

3.2 The Customer agrees to maintain the membership for the applicable membership period, subject to any cancellation or other rights granted to the Customer by the Consumer Protection Act or any other applicable law.

3.3 Nothing in this Agreement is intended to remove or limit any statutory right that cannot lawfully be excluded.

3.4 Where a membership is renewed continuously and the Customer's account is up to date, the renewed membership period does not have another waiting period.

4. Three-month waiting period

4.1 Ordinary membership maintenance benefits will only become available after a 3-month waiting period from the commencement of the membership.

4.2 The purpose of the waiting period is to prevent customers from joining immediately before requiring maintenance work for existing problems.

4.3 Emergency services may still be requested during the waiting period, but the applicable emergency charges in section 13 will apply.

4.4 The waiting period does not remove any statutory rights the Customer may have under applicable law.

5. Property photographs and initial assessment

5.1 Before the membership is accepted, the Customer must provide reasonable photographs and information about the property requested by the Service Provider.

5.2 The photographs may be used to establish the general condition of the property before membership begins.

5.3 The Service Provider may assess whether the property is suitable for the selected membership based on reasonable and objective membership criteria.

5.4 The Service Provider may request additional photographs or information where reasonably necessary.

6. Property baseline condition

6.1 The condition of the property at the commencement of membership may be recorded using photographs, descriptions and other relevant information (Schedule B).

6.2 The baseline record may be used to distinguish pre-existing defects or damage from maintenance issues that arise after the membership begins.

6.3 The Customer confirms that information and photographs supplied to the Service Provider should be accurate and not intentionally misleading.

7. Membership maintenance allowance

7.1 The Customer receives the number of included uses associated with their selected membership plan.

7.2 Each included use provides up to 1 hour of labour.

7.3 The number of included uses a Customer may use in any calendar month depends on the plan (Basic: 1 visit; Standard: 1 visit; Plus: 1 visit; Premium: 2 visits).

7.4 The Customer may not use more included uses in a calendar month than their plan allows.

7.5 If the Customer requests another maintenance service during the same calendar month after reaching their monthly limit, the additional service will be charged separately.

7.6 Included membership uses cannot be converted into cash, transferred to another person or exchanged for unrelated services.

7.7 The membership allowance covers labour only unless expressly stated otherwise.

8. Services that may be requested

Subject to the limits of the membership and the availability of suitable contractors, services may include general property maintenance such as:

• Minor plumbing work
• Minor electrical work
• General repairs
• Carpentry
• Minor installations
• Maintenance of doors and locks
• Minor property repairs
• General handyman services
• Other reasonable maintenance services approved by the Service Provider

8.1 The Service Provider may determine whether a requested job falls within ordinary maintenance services.

8.2 Specialist work, major construction, structural repairs or work requiring specialist qualifications may be separately quoted.

9. Additional labour

9.1 One included membership use provides up to 1 hour of labour.

9.2 If the Customer requires the Service Provider or contractor to continue working beyond the included hour, additional labour will be charged at R450 per additional hour.

9.3 Additional labour will be charged separately from the Customer's membership fee.

9.4 The Customer will be informed where reasonably possible before additional chargeable work begins.

9.5 The Customer may choose not to proceed with additional work where the work is not urgent.

10. Products, parts and materials

10.1 Membership fees do not automatically include products, parts, materials or replacement items.

10.2 Where materials or products are required, the Customer may be required to pay for those items separately.

10.3 Where reasonably possible, the Service Provider will provide the Customer with a quotation or estimated cost before purchasing materials.

10.4 The Customer may be required to approve the purchase before the work proceeds.

11. Damage and excluded events

11.1 The membership is designed for maintenance services and does not constitute insurance.

11.2 Unless specifically agreed otherwise, the membership does not cover the cost of repairing or replacing damage caused by events including:

• Storm damage
• Flooding
• Fire
• Theft
• Burglary
• Accidental damage
• Vandalism
• Natural disasters or natural events
• Structural failure
• Negligence or misuse
• Deliberate damage
• Damage caused by tenants
• Damage caused by guests
• Damage caused by pets
• Damage caused by third parties
• Damage caused by incorrect use of property or equipment
• Major building defects

11.3 Appliances, furniture, personal belongings and other movable property are not automatically covered.

11.4 Nothing in this Agreement excludes liability or statutory rights where such exclusion is prohibited by law.

12. Additional work

12.1 If a requested service falls outside the Customer's membership allowance, the Service Provider may provide a separate quotation.

12.2 Additional work will only be performed once the Customer has provided the required approval, except where immediate action is reasonably necessary to prevent further damage or address an emergency.

12.3 The Customer is responsible for approved additional work and related costs.

13. Emergency services

Emergency services are separate from the ordinary included membership uses.

During normal business hours

13.1 An emergency call-out during normal business hours will incur a R400 emergency call-out fee.

13.2 The R400 fee is the emergency call-out charge and does not automatically include materials, parts or additional labour.

Outside normal business hours

13.3 Emergency work requested outside normal business hours will be charged at R500 per hour.

13.4 The applicable after-hours rate may apply to the time spent providing the emergency service.

13.5 Materials, replacement parts, specialist services and other third-party costs remain separately chargeable.

13.6 Emergency services may include urgent issues such as serious leaks, electrical emergencies or other situations where immediate attention is reasonably required.

14. Contractors and third-party service providers

14.1 The Service Provider may appoint independent contractors or third-party service providers to perform maintenance work.

14.2 The Service Provider will make reasonable efforts to use suitable service providers.

14.3 The Customer agrees to provide reasonable access to contractors appointed to perform approved work.

14.4 Contractors may have their own qualifications, licences, insurance requirements and areas of specialisation.

14.5 Where specialist work is required, the Service Provider may arrange an appropriate specialist.

15. Customer responsibilities

The Customer agrees to:

15.1 Keep membership payments up to date.

15.2 Provide accurate contact and property information.

15.3 Provide reasonable access to the property.

15.4 Inform the Service Provider of known hazards or dangerous conditions.

15.5 Not intentionally damage the property in order to obtain maintenance services.

15.6 Not provide false or misleading information.

15.7 Obtain any permissions required for maintenance work.

15.8 Ensure that the property can reasonably be accessed by the Service Provider or contractor.

15.9 Inform the Service Provider of any material changes to the property that could affect the membership.

16. Pre-existing conditions

16.1 Existing defects, damage or maintenance problems that existed before the membership began are not automatically covered by the membership.

16.2 The Service Provider may identify pre-existing issues using the photographs and property information supplied before membership commencement.

16.3 The Service Provider may offer to repair pre-existing problems separately at an agreed cost.

17. Misuse of the membership

17.1 The Customer must not intentionally misuse the membership.

17.2 Misuse may include deliberately damaging property, providing false information, attempting to obtain services through fraudulent means or repeatedly requesting services that clearly fall outside the membership.

17.3 Where misuse is suspected, the Service Provider may investigate the matter and take reasonable action subject to applicable law.

18. Cancellation by customer

18.1 The Customer may have cancellation rights under the Consumer Protection Act and other applicable legislation.

18.2 Where applicable law gives the Customer a right to cancel, this Agreement does not remove that right.

18.3 Any cancellation fees or charges must comply with applicable law and must be reasonable.

18.4 The Service Provider will not attempt to enforce a cancellation term that is prohibited by applicable law.

19. Termination by service provider

19.1 The Service Provider may terminate the membership where permitted by law and where there is a legitimate reason to do so.

19.2 Examples may include:

• Non-payment
• Fraud
• Deliberate misuse
• Threatening or abusive behaviour
• Repeated refusal to provide reasonable property access
• Deliberate damage intended to obtain membership benefits
• Material breach of this Agreement

19.3 Where appropriate, the Customer will be given reasonable notice and an opportunity to remedy a breach.

19.4 Any termination will remain subject to applicable consumer protection law.

20. Expiry, unused membership and 35% refund

20.1 Each membership period is intended to run for 12 months.

20.2 If the Customer completes the entire applicable 12-month membership period and does not use any of their included membership uses during that entire membership period, the Customer will be entitled to a refund equal to 35% of the membership fees actually paid for that 12-month membership period.

20.3 For purposes of this section, using even one included membership use during the applicable 12-month membership period means that the Customer will not qualify for the 35% unused-membership refund for that membership period.

20.4 The 35% refund applies only to membership fees actually paid for the relevant membership period.

20.5 Emergency call-out fees, additional labour, materials, products, parts and separately charged services are not included when calculating the 35% refund.

20.6 The refund will be processed within a reasonable period after the end of the applicable membership period, subject to verification of the Customer's account and payment history.

20.7 Any refund provision in this Agreement remains subject to applicable South African law.

21. Property access

21.1 The Customer must provide reasonable access to the property when a maintenance service has been approved.

21.2 If a contractor attends the property and cannot gain reasonable access due to circumstances within the Customer's control, the Service Provider may charge an applicable call-out or wasted-visit fee where legally permissible and where the Customer was properly informed.

21.3 The Customer must inform the Service Provider of access requirements, security procedures, pets, alarms and other relevant matters.

22. Photographs and information

22.1 The Customer authorises the Service Provider to collect reasonable photographs and information required to manage maintenance services.

22.2 Photographs may be used to:

• Assess maintenance problems
• Record the condition of the property
• Document completed work
• Compare the condition before and after maintenance
• Resolve disputes
• Keep maintenance records

22.3 Photographs will be handled in accordance with applicable privacy legislation.

23. POPIA and privacy

23.1 The Service Provider may collect and process personal information required to provide the membership service.

23.2 This may include the Customer's name, contact information, property address, property photographs, maintenance records, invoices, payment information and communications relating to maintenance requests.

23.3 The Service Provider will process personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable legislation. See the privacy policy.

23.4 Personal information will not be used for unrelated purposes without an appropriate lawful basis or consent where required.

24. Complaints

24.1 The Customer should first submit complaints directly to the Service Provider.

24.2 The Service Provider will make reasonable efforts to investigate and resolve complaints.

24.3 Nothing in this section prevents the Customer from exercising any rights available under South African law.

25. Liability

25.1 The Service Provider will take reasonable steps to coordinate and arrange maintenance services.

25.2 The Service Provider will not be responsible for circumstances outside its reasonable control.

25.3 Where contractors or third-party service providers are used, responsibility will be determined according to the applicable contractual and legal relationships.

25.4 Nothing in this Agreement is intended to exclude liability that cannot legally be excluded.

25.5 The Service Provider does not guarantee that every maintenance problem can be repaired immediately.

25.6 Availability of contractors may depend on location, skill, workload, materials and other practical factors.

26. Force majeure

26.1 The Service Provider will not be liable for delays caused by circumstances reasonably outside its control. These may include severe weather, natural disasters, power failures, strikes, transport disruptions, supplier shortages, government restrictions, emergencies, contractor unavailability and other events beyond reasonable control.

26.2 The Service Provider will make reasonable efforts to resume or arrange the service as soon as reasonably possible.

27. No waiver of statutory rights

27.1 Nothing in this Agreement is intended to remove, restrict or waive any right that the Customer has under applicable South African legislation.

27.2 If any provision of this Agreement conflicts with a mandatory legal requirement, the mandatory legal requirement will apply.

27.3 The remainder of the Agreement will continue to apply to the extent legally permissible.

28. Governing law

28.1 This Agreement will be governed by the laws of the Republic of South Africa.

28.2 Any dispute will be dealt with in accordance with applicable South African law and the appropriate dispute-resolution process.

29. Customer acknowledgement

By signing this Agreement, the Customer confirms that they:

29.1 Have read and understood the membership terms.

29.2 Understand which membership plan they have selected.

29.3 Understand that one included membership use equals up to 1 hour of labour.

29.4 Understand how many included uses their plan allows per calendar month.

29.5 Understand that additional labour is charged at R450 per hour.

29.6 Understand that emergency services are charged separately.

29.7 Understand that the normal-business-hours emergency call-out fee is R400.

29.8 Understand that after-hours emergency work is charged at R500 per hour.

29.9 Understand that materials, parts and specialist services may be charged separately.

29.10 Understand the 3-month waiting period.

29.11 Understand the conditions for receiving the 35% refund for completely unused membership benefits.

29.12 Understand that this membership is a maintenance service and is not insurance.

29.13 Have had an opportunity to ask questions before signing.

Schedules

Schedule A: Membership Service Schedule. Completed when your membership is confirmed. It records your name, property address, selected plan, membership start and end dates and the date your waiting period ends, together with the charges above.

Schedule B: Property Baseline Record. Records the property type, number of buildings or units, general condition, existing defects noted and the photographs supplied, as described in sections 5 and 6.

The Agreement is signed by both the Service Provider and the Customer.