The following terms and conditions apply to your use of the Property Protect® service, this website and all related aspects.

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CONTENTS

Click to jump to a section.

1. Terms of Service of Property Protect

2. Debit Order Mandate Ts and Cs

3. CyberCrime Indemnity

4. Protection of Personal Information Act (POPIA)

5. General Terms and Conditions of Maybery Inc.

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TERMS OF SERVICE OF PROPERTY PROTECT

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Thank you for subscribing to Property Protect. We’ve tried to make these Terms and Conditions as simple as possible while also ensuring it’s 100% clear what it does and does not cover.

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1. WHAT IS PROPERTY PROTECT®

1. Property Protect is a value-added service that helps you evict bad tenants quickly and collect outstanding rental arrears. It gives you legal experts without the high legal costs, so you can cut your losses, replace the tenant and continue receiving returns on your property.

2. Legal costs to get rid of bad tenants (eviction, arrears rental collection and other legal processes) can cost anywhere from R50,000 to over R150,000[1]. With Property Protect, you’re covered for these services from only R299 per month. [1] Market survey on legal costs conducted in 2024.

3. Property Protect includes the legal services of the eviction application process and rental arrears collection.

4. Property Protect is available for both residential and commercial leases. If you’re a property investor with a commercial portfolio, contact us for a quotation on protecting commercial buildings.

5. Property Protect is not insurance. It does not pay out any amount and does not cover any financial loss e.g. loss of rental income, nor does it cover damages by tenants. It does not cover the legal costs of the tenant or any other opponent.

2. SUBSCRIPTION, DURATION AND NOTICE PERIOD

1. By signing up you hereby subscribe to the Property Protect Service, a value-added service which comprises access to the Property Protect platform, to submit claims, learn about the legal process of eviction through the Knowledge Base, and receive updates on the progress of your eviction case; and legal representation in eviction and arrears rental collection proceedings.

2. The duration of your subscription is according to your choice when signing up:

3. If you chose the 2 Year option, the duration is 2 years from date of first debit order processing, with notice period of 30 days.

4. If you chose the 1 Year option, the duration is 1 year from date of first debit order processing, with notice period of 30 days.

5. If you chose the Monthly option, the duration is month-to-month, with notice period of 30 days.

6. The subscription will renew automatically until terminated.

7. The Service is rendered monthly and continuously as follows:

   1. By representing you from the beginning, and by making tenants aware of this, tenants are discouraged from trying to take advantage of you.

   2. We provide information on the legal eviction process and other property matters on your Knowledge Base.

   3. In the event of a claim arising requiring an eviction application or rental arrears collection, we will manage these processes for you.

8. The subscription amount represents a significant discount on the normal legal costs of eviction, arrears rental collection and other tenant-related legal work.

9. Effectively this means that any attorneys working on a legal process for you do so on a contingency basis. The Subscription Amount represents a small fee paid to access the platform, and the remainder of the costs are payable to appointed Attorneys on a success fee basis from any award they may obtain for you, included but not limited to:

   1. Commission of 25% exclusive of VAT on successful collection of any arrears rental from the tenant;

   2. the legal costs successfully collected after an eviction order, order for payment of arrears, rental interdict and other legal processes, which costs awarded are ceded to the Attorneys.

10. The Subscription Fee covers one property (defined as the smallest possible unit dwelling on a piece of land for which a lease exists – in a sectional title it is one unit; on an erf, plot, portion, dwelling or other unit of immovable property it is the dwelling for which one lease exists; for an HMO it is the room rented by a lease), and is paid per property you wish to protect.

11. The Subscription Amount covers one property at a time but is available for multiple properties. Contact us to cover your whole investment property portfolio.

12. The Subscription Fee will increase in line with inflation annually or as otherwise communicated to you.

13. The Subscription Fee is payable every month irrespective of whether you have a tenant in the property or not. If you decide to remove the property from the rental market and no longer wish to pay the subscription, please let us know.

14. The Service covers one property and one lease at a time, exlcuding sub-leases. If you wish to cover multiple properties and/or leases, please contact us to arrange bespoke cover. For example:

    1. a block of flats, each unit of which requires a subscription; or

    2. multiple dwellings on one plot; or

    3. in an HMO, a property is one room rented by one lease.

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3. ACCESS TO THE SERVICE

Your cover and access to the Service starts when approved by Property Protect® in writing.

You will have access to the Service for the duration of the Agreement as long as your account is not in arrears.

4. COVER AMOUNT

The maximum cover amount for legal fees provided by the Service is R200,000 per tenant, which covers over 95% of eviction / arrears lawsuit scenarios. The more due diligence you and your managing agent conduct in placing and managing tenants, and the closer you adhere to the Service Conditions, the less litigation and therefore lower legal costs will be required. If the Cover Amount is exceeded, legal costs are charged at 20% off our normal hourly fee at the time.

5. OTHER SERVICES

The Subscription does not include any other property-related services, for example tenant vetting services and management services. We can provide these services for you separately upon your specific request.

Please note our service inclusions below. Anything not included in Property Protect® is charged for at our normal hourly rates.

Inclusions:

1. Initial Consultation

2. Standard letter Notice of Breach

3. Standard lease termination letter

4. Standard lease amendment contract

5. Case update every second Friday

6. Eviction application paperwork, court appearance and obtaining order

7. Included disbursements as outlined below

Not included (the following are charged at ad-hoc rates less subscriber 20% discount):

1. Additional disbursements as outlined below

2. Second and further consultations with client

3. Meetings with tenant, managing agent or any other 3rd parties

4. Updates or correspondence with client more frequent than standard bi-monthly correspondence

5. Negotiation or drafting of any non-standard or custom contracts

6. Any other letters or contracts

7. Disputes on any matter other than strictly within your eviction application or arrears collection (e.g. the tenant suing you in the Rental Housing Tribunal)

8. Any other service or task not included in Inclusions

6. PROPERTY PROTECT® IS FOR LAW-ABIDING LANDLORDS ONLY

The reputation of Property Protect® is affected by your actions. If you engage in any illegal conduct, like attempting to evict the tenant by force, it will cause irreparable damage to the reputation of Property Protect®. In such a case your subscription may be immediately terminated and subscriptions paid forfeited, and you may be liable to us for damages.

7. SERVICE CONDITIONS

To ensure fair access to the Service for all clients, you must ensure your investment property is managed as effectively as possible. You must:

1. conduct thorough pre-screening on tenants, including credit bureaux checks, financial checks, criminal history checks,

2. conduct and affordability check, and ensure the tenant’s salary is at least 3 times the rental amount;

3. obtain the following documents:

   1. last 3 months’ payslips;

   2. verified bank account details;

4. conclude a thorough, written lease agreement with the tenant before allowing them to move in;

5. obtain a security deposit from the tenant equal to at least on month’s worth of rental;

6. ensure you give the tenant notice of any breach within 7 days;

7. not fail to act upon any beach by the tenant;

8. not give the tenant any verbal indulgence which may vary the terms of the lease agreement;

9. ensure that the lease agreement is renewed regularly and in writing;

10. ensure that thorough entry and exit inspections are carried out which fully document the state of the property;

11. ensure that all information we request is provided to us truthfully, accurately and timeously;

12. ensure that the property is maintained in a habitable condition, compliant with health and safety standards, and promptly attend to any material repair issues;

13. refrain from unlawful conduct, including unlawful disconnection of services, lockouts, harassment, intimidation of the tenant or taking the law or the legal process into your own hands;

14. follow lawful eviction procedures as prescribed by applicable legislation and not take self-help measures without a court order;

15. notify us in writing within 7 (seven) days of any material breach by the tenant, including non-payment, unlawful occupation, or any act likely to result in eviction proceedings or rental arrears litigation;

16. not contract with any tenant seeking to enter into the lease under the name or guise of another person, be it another individual or juristic person such as company or trust;

17. not allow subletting of the property under any circumstances;

18. ensure that the tenant provides at least one surety (being another individual, not a company) in the lease agreement;

19. not enter into any lease agreement with an unemployed person;

20. not enter into any lease agreement with any organ of State or State-owned enterprise / parastatal entity;

21. not engage any conduct which may infringe on a tenant’s rights under law.

8. CO-PAYMENTS

1. To ensure the effective and fair provision of the Services, you must comply with the Service Conditions above. Where you do not do so we may, at our discretion, impose a reasonable co-payment on the claim to accommodate the increased cost or risk, or alternatively exercise our right to repudiate your claim.

2. Pre-existing legal conditions - Property Protect® is designed as pre-emptive cover. We do take pre-existing cases (eviction or collection before or within 3 months after signing up), and allow 50% off normal costs for this eviction. This is a saving of R20,000 - R30,000 compared to the charges by most attorneys, and is still the most affordable eviction option in South Africa. You may in some cases be able to recover this cost afterwards from the tenant's deposit (talk to us first before doing this).

3. In limited cases, we may at our sole discretion allow you to pay the co-payment in instalments. All payments must be strictly paid on time on the first day of every month. All work is strictly suspended without notice on accounts which are in arrears. This may have severe negative consequences for your case for which you are solely liable, including but not limited to (1) delays in eviction/collection, (2) further loss of rental income, (3) delay or loss of your case and (4) an adverse costs order against you by the court (meaning you may have to pay your opponent’s legal fees).

4. Nature of the co-payment – the co-payment is a discounted fee for our service which becomes payable upon your signing up with a pre-existing case. It is paid for our service of getting your tenant to vacate the property. It is not a deposit placed with us and is not refundable in whole or in part. It sometimes happens that the tenant is sufficiently scared by our attorney letters that we don’t have to go through with the entire eviction application. If we manage to get the tenant to vacate early, without having to undertake any one or several steps, then we have performed our service to an even higher standard than promised, and you benefit from having cut your rental losses even more. This does not entitle you to any refund of the co-payment.

9. EXCLUSIONS AND LIMITATIONS

Property Protect® does not cover the events below. We can assist with these additional events - if you do find yourself needing legal assistance with these, please contact us for a bespoke quotation. Property Protect® subscribers get 20% off the legal fees of these other events.

1. Pre-existing cases (cases arising before or within 3 months after signing up) – in such a case you will have to make a co-payment.

2. The following disbursements are covered by the Subscription fee:

   1. One service attempt by the sheriff on one illegal occupier

   2. One service attempt by the sheriff on the municipality

   3. Our travel costs which we deem necessary and reasonable.

3. The following disbursements are not covered by the Subscription fee:

   1. Additional Sheriff’s fees

   2. Advocate’s fees (if you prefer to have one appear in court for you instead of an Attorney)

   3. Correspondent Attorneys’ costs

   4. Security companies e.g. Red Ants

   5. Sheriff storage / auction of goods

   6. Any other disbursement (i.e. payment to a third party).

4. Lawsuits against you, your property or other property law disputes other than strictly within your eviction application or arrears rental collection.

5. Other litigation related to your property including but not limited to creditors seeking to attach your immovable property in payment of a debt, liquidation, sequestrations, rights disputes, property transfers (conveyancing).

6. Other disputes with tenants, neighbours, the State, Managing Agents, Bodies Corporate and HOAs, including but not limited to: noise complaints, administrative penalties, levies disputes, utilities disputes or applications to limit / shut off utilities, other criminal matters, rates and taxes, commissions payable to Estate Agents / Managing Agents, disputes at the Rental Housing Tribunal, disputes at CSOS relating to anything other than arrears payable, emoluments attachment orders, Section 65 financial reviews, debt reviews, interpleaders vs other creditors, deceased estate or trust matters, defamation or other types of matters, or levy disputes with your BC / HOA.

7. Legal action by tenants against you where any of your conduct has been illegal, deplorable or where you have attempted to take the law / the legal process into your own hands, including but not limited to a spoliation application by the tenant if you try to remove them illegally or interfere in any way with their use of the property.

8. Land claim disputes and evictions which would fall under the Extension of Security of Tenure Act (ESTA). An “occupier” in terms of ESTA is defined as a person who resides on land which belongs to another person with consent or another right to do so. The most common example is farm workers, who live in those small houses on farms. Their right to reside there is directly linked to their employment agreements with the farmer and the right of occupation terminates with termination of the employment contract. It is then that the farmer will be entitled to launch an application for eviction in terms of ESTA. These cases do not fall under Property Protect, but we can assist subscribers with these at a reduced rate.

9. Directorship, trustee, member and shareholder disputes.

10. Any dispute with a Body Corporate or HOA.

11. Any dispute with your managing agent.

12. Trust or deceased estate administration or any ancillary matters.

13. Attendance at any meeting or hearing other than court appearances for eviction and rental arrears litigation.

14. Although we may provide you with a free residential lease agreement for your tenant, the Service does not provide any other custom contract drafting, negotiation or other related legal service.

15. We do not do any work which forms the normal duties of a Managing Agent, including but not limited to sourcing tenants, advertising your property, and providing tenants with invoices/statements of account.

16. We do not do any management of any rentals to be paid by the tenant to you – with the exception of arrears rental which we do collect from the tenant in the event of their default, which we will then pay over to you upon successful collection.

17. Any cross-border litigation i.e. tracing/suing someone who lives or is outside of South Africa, or trying to trace/attach assets outside of South Africa.

18. Any matter which, or client with whom, it is impossible, unethical, a conflict of interest, inappropriate or for any reason undesirable for the Firm in its sole discretion to admit such person as a client.

10. AMOUNTS, PAYMENTS, DISBURSEMENTS AND VAT

1. Amounts quoted in these Terms and Conditions are accurate for the first year of your subscription but are subject to change in line with inflation.

2. Payment of any fees (like commissions on amounts we collect for you) and disbursements due are due upon presentation of invoice.

3. All amounts denoted herein are exclusive of VAT unless explicitly stated otherwise.

4. Please be sure to maintain your account balance such that debit order instructions / other payment means do not fail. In the event that a scheduled payment instruction fails, all work on your case is immediately suspended without requiring notice to you. You are solely liable for the consequences therefor as described above. We reserve the right to make further attempts to process that instruction at any other time in the future and to levy a charge of R250.00 for the additional administration per attempt; and/or in our sole discretion to cancel your subscription should further attempts fail.

5. Disbursements

   1. ​While we do not charge professional fees for subscribers, we do sometimes need you to cover a disbursement. A disbursement is a payment we need to make to a 3rd party service provider, such as a sheriff, in the event that we need to commence an eviction application or arrears rental collection for you. For example, sheriffs currently charge R500 – R1,500 to serve summons.

   2. ​The contractual nexus regarding disbursements is between you and the service provider. This means that, while we merely assist in the payment process by receiving a disbursement payment and paying it over to the 3rd party service provider, you are the person contractually liable for payment of their account. If, for example, you choose to use an advocate in court, these costs are not covered by Property Protect and you are solely liable for them.

11. WARRANTIES

We warrant the following:

1. ​Provided you have sufficient legal grounds to evict your tenant, we will secure an eviction within, at worst, 12 months after sending a letter terminating the lease, or we will refund your last 12 months subscriptions paid and/or co-payment paid less any amount disbursed on 3rd party service providers such as sheriffs, advocates or correspondent attorneys.

2. We will secure a court order for rental arrears owing to you, provided there are no legal impediments or reasons why you should not be paid such rental or forfeit it.

3. We will provide the Service to you at a high level of skill and efficiency with a minimum of delay on our side. Your case will be handled professionally, with skill and as quickly as possible. We will arrange for eviction proceedings to be instituted as quickly as reasonably possible to help you minimise your loss.

4. We will always advise you your best legal interests in mind, towards the best possible outcome of your case and towards minimising of litigation, legal costs and delay, even where you may not like or agree with our advice and even where such advice may conflict with our commercial interests.

We cannot and do not provide warranty on the following:

1. We cannot prevent or minimise delays caused by the judicial system or any other governmental institution nor secure early or preferential court dates.

2. We cannot guarantee that all or any amount of arrears rental can be successfully collected. Even with a court order against them, if a tenant has no money at all, they cannot pay. We will however do everything in our power to recover and liquidate assets or rights held by the tenant.

3. We cannot guarantee that we will secure a legal costs order in your favour. For example, if you first attempt to interfere with the tenant’s use of the property, and then institute an eviction application, even if you then win that case, the court may view your conduct as unacceptable and refuse to make an order for costs in your favour.

4. We cannot foresee nor prevent changes in legislation, nor mitigate the delays these may cause. For example, a recent High Court directive in 2025 mandated mediation proceedings in all summons proceedings. This delayed the progress of lawsuits.

5. While we make every effort to ensure the safety and security of the platform, we do not warrant that the Services will be uninterrupted, error-free, or completely secure. We shall not be liable for any damages arising from interruptions, errors, or security breaches, including but not limited to, loss of data, maintenance, technical issues, business interruption, loss of income, third-party failures, force majeure events, or any other cause beyond our reasonable control except to the extent caused by our gross negligence or willful misconduct.

12. YOUR OBLIGATIONS

1. Legal Capacity - You must have legal capacity and locus standi to take action on the property, i.e. you are older than 18, you are the owner of the property, and not impeded from contracting in any way e.g. due to mental incapacity.

2. Duty to disclose all information

   1. You must provide us with all information we require from you, fully, accurately and without delay.

   2. You must provide us with the full information on any case we take up for you, even information which you feel may be unimportant or detrimental to your case.

   3. You must allow us to obtain all information we require from your managing agent, body corporate, tenant or any other party.

   4. While you may delegate tasks e.g. of providing documentation, to your managing agent, the legal obligation remains yours.

3. Duty to Mitigate Risk- Having a legal shield does not mean that you should behave recklessly. You must ensure the careful management of your property according to the Service Conditions. Failure to do so can result in liability for a co-payment and/or repudiation of cover.

4. Your Obligations in Litigation - You may be liable to pay the legal costs of other parties in a lawsuit in the event that you are not successful in your case. This means that you should, for example, ensure that you correctly calculate any arrear amounts the tenant owes you. If you sue for the wrong amount, you will not get judgment in your favour and may have to pay the tenant’s legal costs. Your Subscription does not cover your opponent's legal costs so, if you lose, you are required to pay those.

5. Act in time - You must provide us with all documentation and cooperation required promptly. Failure to do so can result in delayed resolution of your case, financial loss and adverse court orders against you.

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13. CONTINGENCY LITIGATION AND CESSION

1. When you submit a claim, we commence an eviction or arrears collection lawsuit for you. This litigation service is provided on a contingency basis in accordance with the Contingency Fees Act 66 of 1997.

2. This means that we do not charge normal fees for it, but in return we are entitled to the following if awarded to you (Note: these amounts are not paid by you. They are paid by the tenant):

   1. The legal costs awarded in your eviction application, less your subscription fee paid up to a maximum of 12 months;

   2. ​Where an amount of money is the source of dispute – i.e. arrears rental, damages or other amount: legal costs as above, plus a commission drawn from the money collected for you either (a) double our normal hourly fee of R2,000 per hour or (b) 25% commission on the amount awarded and recovered - whichever is less.

3. You accordingly hereby irrevocably cede, assign, and transfers to the Firm all rights, title, and interest in and to any legal costs and other claim amounts awarded to you. This cession shall operate as a first and preferential claim and shall entitle the Firm to recover, collect, and retain such costs directly from any party or fund responsible for payment thereof. You agree to sign any further documents and take all steps reasonably required to give effect to this clause.

14. RIGHT OF RETENTION ON LEGAL FILES

Please note that we have a right of retention (AKA a “lien”) on all case files until all amounts, including disbursements, are paid. In the event that you for whatever reason wish to transfer a case file to another attorney, the account must be paid in full. If we have done work on the file and you wish to transfer a file before we have secured payment of our costs, then our contingency fees become immediately due and payable. We reserve the right to afford all disbursement service providers on a file (e.g. advocates) 60 days to render their final bill to you before transferring a file. Should you wish to transfer a file in shorter time period then we reserve the right to request a deposit from you to cover any expected outstanding disbursement costs. Even if a service providers renders another bill outside of this period, then you are liable to cover that bill.

15. INTELLECTUAL PROPERTY

1. During the course of your subscription, you may come into contact with our intellectual property, including but not limited to our copyrighted documents, online service and app, trademarks, trade secrets, know-how, methodologies, templates, documents, software, and any other materials developed, created, used, or provided by the Firm in connection with the provision of services (the “Intellectual Property”).

2. All Intellectual Property rights remain the sole and exclusive property of the Firm at all times. Nothing in this Agreement shall be construed as transferring, assigning, or granting any licence, rights, title, or interest in or to such intellectual property toyou or any other person, whether by implication, estoppel, or otherwise.

16. CESSION

The Firm shall be entitled, in its sole discretion and without notice to or consent from the Client, to cede, assign, transfer, delegate, license, or subcontract any or all of its rights and obligations under this Agreement to any third party. Such cession, assignment, or subcontracting shall not affect the validity or enforceability of this Agreement, and the Client shall have no claim arising from or in connection with any such action by the Firm.

17. TERMINATION

1. You may terminate your subscription upon 30 days notice. Note that your subscription will auto-renew if you do not cancel with sufficient notice.

2. Cancellation of your subscription will not cancel your Client Agreement with us nor will it constitute cancellation of our Terms and Conditions.

3. Clauses intended to exist in perpetuity will survive cancellation (including but not limited to Intellectual Property, Confidentiality, Cybercrime Indemnity).

4. If we have commenced legal proceedings on your behalf, cancelling your subscription will suspend all legal proceedings and we will have to withdraw as your attorneys of record. Depending on the timing of your cancellation, this may have cost implications for which you are responsible. Note that our withdrawal as attorneys of record on a case does not mean the same as you withdrawing as a party from a case – in other words, you will still be a party to an ongoing case. In such case you must then appoint new attorneys as soon as possible. Timelines prescribed by court rules are not interrupted by our withdrawal, meaning that the time left to take the next step continues to run. If you do not take the next step in time it may result in you losing the case, with severe consequences for which we are not responsible. Cancellation or withdrawal does mean that disbursements incurred (e.g. sheriff’s fees) are no longer payable, and you will continue to be responsible for all fees charged by disbursement service providers. We shall not be responsible for inspecting nor disputing these fees on your behalf. Cancellation of your subscription does not cancel your responsibility to pay any fees due to us like costs orders awarded or in the process of being obtained.

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18. BREACH

If you breach our Agreement and do not remedy it within 7 days, we shall, without prejudice to any other rights that we may have, be entitled to cancel the Agreement and all mandates, as well as withdraw as attorneys of record on any current legal proceedings, without liability to you. Should we take legal action to recover amounts owing to us, you shall be liable for all legal costs on the attorney-and-own-client scale including interest, commission and disbursements. In the event you do not make any payment on time, we shall be entitled to immediately suspend all work on your case and shall not be required to send such notice of breach to you first.

19. LIMITATION OF LIABILITY

1. Litigation can be affected by any weakness in a case, efficiency of courts, financial ability and attitude of the litigants. Although we will always make our best efforts to secure a successful outcome on your case, no attorney can guarantee the successful conclusion of any case. In no event shall we be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of business deal, business interruption, interruption in access to the Services, loss of business information, or any other pecuniary loss, legal costs) arising from your use of the Services. In any case, our entire liability under this Agreement shall be limited to the monthly Subscription Fee actually paid for the month during which any dispute may arise, and in the event that we are unable to secure an eviction order within 12 months of lease termination, our liability shall be limited to a maximum of the last 12 instalments of your Subscription Fee actually paid.

2. The law changes sometimes. For example, in 2025, the High Court mandated mediation for all summons proceedings, which can shorten a lawsuit, but on the other hand cause delays, increased legal costs and increased loss of income while you wait for resolution. We cannot be held liable for any loss, damage or delay caused to any person by virtue of a change in law/regulations which come in at any time.

3. In the event that you do not have sufficient legal grounds to evict your tenant (e.g. if your tenant hasn’t breached the lease agreement) and/or to collect arrears, and yet insist that we proceed to prosecute your case for you despite our advice to the contrary, you are solely liable for all consequences therefor, including but not limited to: (1) delays in eviction/collection, (2) further loss of rental income, (3) delay or loss of your case and (4) an adverse costs order against you by the court (meaning you may have to pay your opponent’s legal fees), and (5) damages suffered by the firm including but not limited to any costs order against us directly de bonis propriis, loss of income or reputation due to LPC complaints and/or public complaints.

20. GENERAL

1. Entire Agreement - This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral, relating to such subject matter.

2. Amendments - No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties.

3. Severability - If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original intent of the parties.

4. Waiver - No waiver of any term or condition of this Agreement shall be effective unless made in writing and signed by the waiving party. No waiver of any breach of this Agreement shall be deemed to be a waiver of any subsequent breach.

5. Governing Law - This Agreement shall be governed by and construed in accordance with the laws of South Africa.

6. Jurisdiction - the parties agree to the exclusive jurisdiction of the Magistrates Court for Pretoria Central for the resolution of any disputes arising out of or in connection with this Agreement.

7. Interpretation

   1. ​The convention of contract that the contract shall be interpreted against the party who drafted it, shall not apply.

   2. When any particular number of days is provided for the doing of any act or for any other purpose, the reckoning shall exclude the first day and shall include the last day which shall include which shall be a business day and shall include all Saturdays, Sundays and public holidays which will occur during the period. A ‘business day’ shall mean a day which is not a Saturday, Sunday or Public Holiday.

   3. Any Schedule or Annexure to this agreement shall be deemed to be incorporated herein and shall form an integral part of this agreement.

8. Notices - Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered or certified mail, email, return receipt requested, postage prepaid, to the addresses specified in this Agreement or to such other address as either party may specify in writing.

9. Articulation with other Terms

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

   2. These Terms govern the relationship between the parties for the provision of the Property Protect®  service but do not exclude any of the other Terms of Maybery Inc. including but not limited to the Main Client Agreement, Debit Order Mandate Terms, Contingency Fee Agreement Terms or website Terms and Conditions.

   3. Where this document may conflict with any other terms, the terms of the Maybery Inc. Main Client Agreement prevail.

10. Domicilia citandi et executandi - The Parties choose their respective physical addresses set out on the face hereof as their respective domicilia citandi et executandi at which all documents relating to any legal proceedings to which they are a party may be served. If that address is changed to another address which is not a physical address in the Republic of South Africa, then the original address shall remain the domicilium citandi et executandi of the relevant Party until it nominates a new physical address within the Republic of South Africa in writing, to be its new domicilium citandi et executandi.

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