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TERMS & CONDITIONS OF STORAGE AGREEMENT


 

ABSOLUTE STORAGE (PTY) LTD

Registration Number: 2009/011133/07
VAT Registration Number: 4480265299
110 North Reef Road
Bedfordview
2008

 

 

You have arrived at our terms and conditions of contract for the provision of storage services.  The terms and conditions set out below form an Agreement, which is a binding Agreement between you, the Customer, and ABSOLUTE STORAGE (PTY) LTD (“Absolute Storage”) in respect of the storage services to be rendered by Absolute Storage.

 

Your attention is specifically drawn to the following clauses:-

 

Clause 9.2:    Customers Indemnity in event of breach.
Clause 10:     Risk and Insurance pertaining to stored Goods.
Clause 15:     Exclusion of Warranties by Absolute Storage.
Clause 16:     Third Party Indemnity in favour of Absolute Storage.
Clause 17:     Exclusion of Liability by Absolute Storage.
Clause 19:     Breach by the Customer.
Clause 20:     Procedure on Termination.
Clause 30:     Electronic Acceptance and Conclusion of Agreement.


[NOTE: Each of the clauses must be accepted in the document where appropriate and the final “acceptance” at the end of this document shall not be available without having first accepted these specific clauses as required by the Consumer Protection Act no 68 of 2008].

 

Absolute Storage will provide you with the services available through this Site only once you have accepted the terms and conditions of this Agreement and the specific clauses referred to above by clicking the “ACCEPT” icon when registering with this Site. The “acceptance” of these terms and conditions constitutes the conclusion of this Agreement between you and Absolute Storage.

 

1 DEFINITIONS

 

1.1 Absolute Storage” means Absolute Storage (Pty) Limited, Registration No: 2009/011133/07, trading as Absolute Storage, having its principal place of business at 110 North Reef Road, Bedfordview;

 

1.2 Absolute Storage Guidelines” means the guidelines (if any) issued by Absolute Storage from time to time which govern the offering of the Services pursuant to this Agreement;

 

1.3 the/this Agreement” means these terms and conditions, as updated from time to time;

 

1.4the Building” means the building situated on the Property and includes, where the context so allows, all permanent improvements on the Property;

 

1.5 the Commencement Date” means the date upon which the Customer registers on this Site and agrees to be bound by this Agreement;

 

1.6Common Areas” means the portions of the Building which are not suitable for letting and are not let by Absolute Storage;

 

1.7 the Customer” means you, the person or entity utilising the Services on this Site and renting or leasing the Premises in terms of this Agreement;

 

1.8Customs and Excise Act means the Customs and Excise Act no 91 of 1964 as amended;

 

1.9 Goods” means any and all goods of the Customer’s which are stored in or at the Premises by the Customer in terms of this Agreement, irrespective of their nature and form, unless they are expressly prohibited by Absolute Storage from being stored on the Premises by the provisions of this Agreement;

 

1.10Holding Area” means an area or storage space owned and managed by Absolute Storage where the Goods in the Premises can be moved to and stored by Absolute Storage in terms of the provisions of this Agreement;

 

1.11 Month” means 1 (one) calendar month including Saturdays, Sundays and public holidays;

 

1.12the Parties” means the Customer and Absolute Storage and “Party” shall, as the context requires, mean a reference to either one of them;

 

1.13the Payment Clearing Date” means the date upon which the Customer’s payment for the rental of the Premises, by whichever payment method chosen by the Customer in terms of this Agreement, is made available to Absolute Storage in its nominated bank account;

 

1.14the Premises” means the storage area units in the Building on the Property that are made available by Absolute Storage for rental by the Customer on this Site, identified by a unit number and unit type;

 

1.15the Property” means the property situated at 110 North Reef Road, Bedfordview;

 

1.16 the Rental Period” means, subject to the provisions of this Agreement, the period for which the rental of the Premises by the Customer subsists, starting on the date selected by the Customer on the Site and ending on the day upon which the Customer’s payment for the Premises expires if not validly renewed in terms of this Agreement, as calculated and stipulated on the Site;

 

1.17 Services and Facilities” means the on-line self-storage services provided by Absolute Storage to the Customer as contemplated on this Site;

 

1.18 the/this Site” means the Internet website by which Absolute Storage offers  the Services from time to time;

 

1.19 Vat” means any value added tax, or other consumption

 

1.20VAT Act” means the Value Added Tax Act, No. 89 of 1991, as amended.

 

2. PREAMBLE

 

This Agreement makes provision for both the regulation of on-line services by Absolute Storage to the Customer and for the various terms and conditions that govern the rental of self-storage space by Absolute Storage to the Customer for certain periods of time, ranging from a minimum of 1 (one) month to a maximum of 12 (twelve) months, subject to further renewals being exercised timeously by the Customer and availability of storage facilities at that point in time.

 

3. PROVISION OF SERVICES

 

3.1 Absolute Storage provides the Customer with the Services, subject to the Customer complying with the provisions of this Agreement and the general procedures of the Site, and the Customer hereby accepts the provision of such Services on the terms set out herein.

 

3.2 Absolute Storage will facilitate the Customer’s selection of all necessary passwords and login details in order to register on this Site and rent the Premises from Absolute Storage who will provide an access password for the Customer at the Premises; provided that Absolute Storage reserves the right, in its sole discretion, to alter any password or login details at any time, subject to reasonable notification to the Customer of any such alteration.

 

4. LETTING & HIRING OF THE PREMISES

 

Absolute Storage rents the Premises for the Rental Period to the Customer who hires the Premises in accordance with the provisions of this Agreement, for the purpose of storing the Goods.

 

5. DURATION

 

5.1 This Agreement commences on the Commencement Date and remains in force for as long as the Customer adheres to the provisions of this Agreement, including the payment of the rentals, and utilises the Services.

 

5.2 Without limiting the generality of the aforegoing, the Agreement of lease of the Premises between the Parties in terms of this Agreement shall endure for the Rental Period.  For the sake of clarity and the avoidance of doubt, the Rental Period is selected by the Customer on the Site and is expressed or calculated in monthly tranches; provided that the Rental Period may not be less than 1 (one) calendar month, nor more than 12 (twelve) calendar months in duration; provided however that if the Customer selects a date for commencement of the Rental Period which falls on any date other than the first of the month, the Customer will be liable for a pro-rata rental amount for that part of the first month, in accordance with the provisions of Clause 6 below and the amounts prescribed on the Site, and will, from the first day of the second month of the Rental Period, be liable for the full monthly rental amount stipulated on the Site.

 

6. RENTALS AND PAYMENT METHODS

 

6.1 The amounts payable for the rental of the Premises will depend on the duration of the Rental Period and the size of the Premises, as set out on the Site, and will be as prescribed on the Site from time to time. By accepting the terms of this Agreement, the Customer accepts the prescribed rates and rentals selected by the Customer and stipulated on the Site.

 

6.2 All amounts payable in terms of this Agreement may be made by approved Visa or Mastercard, other approved credit cards from time to time, or by electronic funds transfer into the nominated bank account of Absolute Storage, details of which will be provided to the Customer by Absolute Storage. The Customer acknowledges that payment by credit card is preferred and is advantageous to it because payment of the amounts in terms of clause 6.1 above clear (and are made available) in Absolute Storage’s account immediately. No payments shall be recognised until such time as they reflect in Absolute Storage’s bank account as contemplated in clause 6.4 below.

 

6.3 In addition to the aforegoing, and by way of an alternative thereto, Absolute Storage will, for the Customer’s convenience, accept and process a debit order authorisation, in the form attached hereto, marked “Debit Order Authorisation”, to run on the 28th day of each consecutive month, provided however that same may be cancelled by the Customer before close of business on the 24th day of each successive month. Any failure to cancel the debit order authorisation by such time shall be deemed to be a renewal of the Agreement for a further period of 1 (one) month.

 

6.4 Absolute Storage will only reserve the Premises for rental by the Customer once payment of the correct amount for the selected Rental Period, as stated on the Site, has been made into the bank account of Absolute Storage and once such amount has cleared and becomes available to Absolute Storage – that is, on the Payment Clearing Date. Until such time as this occurs, the Customer will be deemed not to have rented the Premises; no access details regarding the Premises will be provided to the Customer; and the Customer will have no claim whatsoever against Absolute Storage in relation to the rental of the Premises.

 

6.5 Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT. (No tax invoice need be issued by Absolute Storage, given that the requirements of Section 20(7) of the VAT Act as read with the relevant SARS ruling in respect thereof, are fulfilled).

 

6.6 Once payment is made by any of the methods referred to in 6.2 or 6.3 above and has cleared in Absolute Storage’s bank account, reservation of the Premises for rental by the Customer is irrevocable and no refunds will be entertained by Absolute Storage under any circumstances, irrespective of whether or not the Customer actually occupies the Premises during the Rental Period.

 

7. ACCESS TO THE PREMISES

 

7.1 On the Payment Clearance Date, an electronic mail will be sent to the Customer by or on behalf of Absolute Storage which will confirm the rental of the Premises and will notify the Customer of the commencement and expiry dates of the Rental Period.

 

7.2 Within 24 (twenty-four) hours of the commencement of the Rental Period, an electronic mail will be sent to the Customer which will contain a 4 (four) digit PIN code which, if entered at the Property, will provide the Customer access to the Property, the Building and the Premises. The Customer acknowledges that its/her/his email address is secure and assumes the risk in respect of the interception by a third party of this pin code. The secrecy of this pin code shall be the responsibility of the Customer.

 

7.3 Absolute Storage undertakes that the Premises will be unlocked at the commencement of the Rental Period and it will be the Customer’s obligation, at its cost and expense, to lock and secure the Premises in the manner, and to the extent, that it deems fit for the duration of the Rental Period. At no time will Absolute Storage be in possession of any keys to the Premises during the Rental Period and Absolute Storage takes no responsibility for the locking or securing of the Premises during the Rental Period.

 

7.4 On the expiry date of the Rental Period, the Customer undertakes to remove any and all locks or security/access devices to the Premises and to ensure that it is left unlocked.

 

8. OWNERSHIP OF THE GOODS

 

8.1 The Customer warrants that the Goods are his property or that the person(s) who own or have an interest in the Goods has/have given the Customer authority to possess the Goods and to enter into this Agreement and has/have been made aware of the terms of this Agreement.

 

8.2 The Customer indemnifies Absolute Storage and holds it harmless against any claims, of whatsoever nature, occasioned by a breach by the Customer of the warranty given in 8.1 above.

 

9. GOODS NOT TO BE SUBMITTED FOR STORAGE

 

9.1 The Customer acknowledges and agrees that the following items may not comprise the Goods and may not be stored on the Premises in any circumstances;

 

9.1.1 prohibited or stolen goods; drugs; potentially dangerous damaging or explosive items, including but not limited to gas bottles, aerosols, paints, firearms and ammunition;

 

9.1.2 plants or goods likely to encourage vermin and/or other pests and/or plants or goods likely to cause infestation;

 

9.1.3 refrigerated or frozen food, drink, products or goods and/or any perishable goods;

 

9.1.4 any animals and their cages or tanks, including but not limited to pets, birds or fish; and

 

9.1.5 goods which require a special license or Government permission for export or import.

 

9.2 In the event that the Customer breaches the warranty given in 9.1 above, Absolute Storage will not be liable for any loss or damage of whatsoever nature to any such items referred to in 9.1 above and the Customer indemnifies Absolute Storage and holds it harmless against any claims, charges, damages, expenses and/or penalties claimed against Absolute Storage as a result of the storage of such items on the Premises. In addition, Absolute Storage will be entitled to use any means it deems fit to dispose of, without notice to the Customer, any such items listed in 9.1.1 to 9.1.5 above.

 

9.3 The Customer acknowledges that all Goods are stored subject to the provisions of all South African Legislation, including, but not limited to the Customs and Excise Act, the South African Revenue Services Act and the Criminal Procedure Act and as such, are subject to search and seizure provisions within the bounds of the law.

 

10. RISK AND INSURANCE

 

10.1 The Customer shall not keep or do in or about the Premises anything which is liable or likely to to enhance any of the risks against which the Building is insured for the time being to the extent that such insurance is rendered void or voidable or the premiums of such insurance are, or become liable to be, increased.

 

10.2 Without prejudice to any other right of action or remedy which Absolute Storage may have arising out of a breach of the provisions in 10.1 above, Absolute Storage may recover from the Customer on demand the full amount of any increase in insurance premiums in respect of the Building attributable to such breach.

 

10.3 In addition to 10.1 and 10.2 above, and the obligations of the Customer in terms of 12 below, the Customer, by accepting the terms and conditions of this Agreement on the Site, acknowledges that the sole responsibility to have the Goods adequately insured with a reputable insurance company on an “all risks” basis for the duration of the Rental Period shall be on the Customer, and that Absolute Storage will not be liable for any claims of whatsoever nature and howsoever arising out of the use or rental of the Premises, and that the Goods are stored entirely at the Customer’s own risk.

 

 

11. ASSIGNMENT AND SUB-LETTING

 

11.1 The Customer shall not be entitled to cede or assign any or all of the rights and obligations under the Agreement or to sub-let or to give up possession of the Premises, in whole or in part, to any third party.

 

11.2 Any ‘rentals’ obtained by the Customer resulting from a breach of 11.1 above, shall accrue to Absolute Storage.

 

12. SUNDRY OBLIGATIONS OF THE CUSTOMER

 

12.1 The Customer shall:

 

12.1.1 at all times ensure that all information provided by it to Absolute Storage on the Site is accurate and up to date, including but not limited to all email addresses, postal addresses and telephone and facsimile numbers;

 

12.1.2 not use the Premises or allow them to be used, in whole or in part, for any purpose other than for purposes of storage of the Goods;

 

12.1.3 not place or leave any article or other thing in or about any passage, stairway, pathway, parking garage, or other Common Area, so as to cause a nuisance or obstruction to either Absolute Storage or any of its other customers;

 

12.1.4 not bring into the Premises or the Building any article which, by reason of its weight or other characteristics, is liable to cause damage to the Building or the Premises;

 

12.1.5 not contravene any of the conditions of title of the Property or any of the laws, rules or regulations affecting owners, tenants or occupiers or users of the Property or the Building;

 

12.1.6 not cause or commit any nuisance on the Property or cause any annoyance or discomfort to other customers, tenants or occupiers of the Building;

 

12.1.7 not leave refuse or allow it to accumulate in or about the Premises except in the refuse bins provided;

 

12.1.8 not paint, affix or attach to the Premises or any part of the Building any sign, notice, awning or canopy without Absolute Storage’s prior written consent, which shall not be unreasonably withheld;

 

12.1.9 throughout the Rental Period maintain in good order and condition the interior of the Premises and all parts thereof;

 

12.1.10 promptly repair or make good all damage occurring in or about the Premises during the Rental Period, whatever the cause of such damage, and including damage to any part of the interior of the Premises or the doors or roller doors securing the Premises; and

 

12.1.11 on the expiry of the Rental Period, howsoever and whenever it terminates, return the Premises and all such parts thereof to Absolute Storage in good order, condition and repair, fair wear and tear excepted.

 

12.2 Should the Customer fail to carry out any of its obligations under this Agreement with regard to any maintenance, repair or replacement, Absolute Storage shall be entitled, but not obliged, without prejudice to any of its other rights or remedies, to effect the required maintenance, repair or replacement and to recover the cost thereof from the Customer on demand.

 

13. RULES

 

13.1 The Customer shall at all material times comply with such reasonable rules and regulations as are  prescribed in writing by or on behalf of Absolute Storage from time to time for observance by tenants and other occupiers of the Property and their invitees, including, without limitation, rules and regulations in connection with:

 

13.1.1 the security of the Property and the protection of persons and property thereon, including in particular, again without generality being restricted, any rules for the control and identification of persons and vehicles entering the Property or any parts thereof;

 

13.1.2 the driving and parking of vehicles on or about the Property;

 

13.1.3 the utilisation of the Premises including, without limitation, the Common Areas.

 

13.2 Clause 13.1 shall not be construed as implying that Absolute Storage assumes any liability or obligation of whatsoever nature and howsoever arising which it would not otherwise have had in connection with the subject matter of any such rule or regulation.

 

14. ADDED CONVENIENCE

 

14.1 The Customer acknowledges and agrees that it will be its sole responsibility to transport the Goods to and from the Property, and into the Premises, at its sole cost and expense, and Absolute Storage has no responsibility to the Customer whatsoever in this regard.

 

14.2 Absolute Storage may, in its sole discretion, elect to make available at the Property (between the hours of 8:00am and 17:00pm on workdays only) a forklift and/or other similar machines to assist the Customer, free of charge, with the moving of any Goods on the Property into the Premises; provided that the Customer at all times acknowledges and agrees that Absolute Storage has no obligation to provide such assistance to the Customer and that, if the Customer, in its sole discretion, elects to utilise the services of the forklift and/or other similar machines, and the services of the operators of such machines, which may or may not be employees or agents of Absolute Storage, (all of which services the Customer has no obligation to utilise) the Customer does so at its own risk entirely and Absolute Storage will not be liable for any damage or loss whatsoever, howsoever caused, to any person and/or property and/or the Goods, arising from the use by the Customer of the forklift and/or any similar machine, or any act or omission of whatsoever nature of the operator of such machine, whether or not such operator is an employee or agent of Absolute Storage.

 

15. EXCLUSION OF WARRANTIES

 

15.1 Save as may be otherwise specifically provided for in this Agreement, no representations, warranties, guarantees or undertakings whatsoever, whether express, implied or created by the operation of law, have been made, or given by or on behalf of Absolute Storage which may have influenced or induced the Customer to enter into this Agreement, and, in particular, the Premises are provided to the Customer for rental on a voetstoots basis.

 

15.2 In particular, and without limiting the generality of 15.1 above or any other provision to the contrary contained herein, Absolute Storage does not warrant the fitness or suitability of the Premises for any particular purpose; and Absolute Storage specifically does not warrant or guarantee that any amenities of any kind will be made available to the Customer at or in connection with the Premises, the Building or the Property.

 

15.3 Absolute Storage does not warrant that the functions provided by this Site will be uninterrupted or error free, or that this Site or the server that makes it available, are free from viruses and other harmful components.

 

16. INDEMNITY

 

The Customer hereby indemnifies Absolute Storage against all claims as may be made against Absolute Storage by any third party for any loss or damage, including indirect or consequential loss or damage, arising from or occasioned by, any negligent or wilful act or omission by the Customer in respect of, in connection with and/or which pertains or relates to this Agreement, the Goods, the use of the Premises, the Property and the Building, together with all costs and expenses incurred by Absolute Storage in connection with such claims.

 

17. EXCLUSION OF LIABILITY

 

17.1 Neither Absolute Storage, nor any of its employees, officers, directors, servants or agents, will be liable for any loss or damage whatsoever to the Goods, the Customer or the Customer’s property, whether direct, indirect, or consequential or howsoever caused, arising out of or associated with the Agreement, including, but not limited to, removing the Goods to the Holding Area as contemplated in clause 19 hereof.

 

17.2 The Customer rents the Premises and stores the Goods entirely at its own risk.

 

18. INTELLECTUAL PROPERTY / ADVERTISING AND LINKS

 

18.1 Absolute Storage retains all copyright in all material of whatsoever nature, including but not limited to logos and other graphics which form part of the Site. All data and information communicated to or from the Site and/or any Site information and database shall be and remain the sole property of Absolute Storage.

 

18.2 Absolute Storage grants the Customer permission to view electronically, copy and print in hard copy, portions of the Site for the sole purpose of browsing the Site and placing an order for rental with Absolute Storage for the personal use of the Customer only.

 

18.3 Any other use of materials on the Site, including the reproduction for purposes other than those noted in 18.2 above, modification, and distribution, without the prior written consent of Absolute Storage and the lawful trademark and/or copyright owner, if applicable, is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Absolute Storage and/or such trademark and/or copyright owner, if applicable.

 

18.4 External hyperlinks may be provided on this Site. These shall not be interpreted as constituting any relationship between Absolute Storage and any linked third party or any endorsement by Absolute Storage of such third party and use of or reliance on any external links provided is at the Customer’s own risk.

 

18.5 Advertising and other promotional material may appear on this Site from time to time. This shall not be interpreted at constituting any relationship between Absolute Storage and any third party placing such advertising or promotional material on the Site, or any endorsement by Absolute Storage of such third party, or its products or services and the use of or reliance on any such material is entirely at the Customer’s own risk.

 

19. BREACH

 

In the event that the Customer breaches any term of this Agreement and fails to remedy the breach within 7 (seven) days of being notified to do so by Absolute Storage, Absolute Storage shall be entitled, at its option, to cancel this Agreement and to, without further notice to the Customer, cancel the access PIN code referred to in 7.2 above and remove the Goods to the Holding Area (which will include Absolute Storage having to break any locks or security/access devices to unlock the Premises in respect of which it will not be liable for any damages thus suffered); provided that nothing in this clause 19 shall prevent Absolute Storage from pursuing any other remedy or cause of action to which it is entitled under law to restore it to the position it would have been in had the Customer not breached this Agreement.

 

20. PROCEDURE ON TERMINATION

 

20.1 On date of termination of this Agreement for any reason whatsoever, including but not limited to breach by the Customer or upon the expiry of the Rental Period, the Customer warrants that it will immediately remove the Goods from the Premises, the Building and the Property, at its sole cost and expense.

 

20.2 Notwithstanding the provisions of 19 above, in the event that the Goods are not removed by the Customer, as contemplated in 20.1 above, Absolute Storage will cancel the access PIN code referred to in 7.2 above and will be entitled to do all things necessary to access and remove the Goods from the Premises and to place them in the Holding Area, where they will be stored at the sole risk of the Customer until removed by the Customer, subject to the provisions of 20.3 below.

 

20.3 The cost of Absolute Storage removing the Goods from the Premises in terms of 20.2 above will be for the Customer’s account and will be paid to Absolute Storage by the Customer on demand. The cost of storing the Goods in the Holding Area will be for the Customer’s account, at a rate equivalent to double the amount it would have cost the Customer to store the Goods in the Premises for an equivalent period of time, and will be paid to Absolute Storage on demand; provided that the Customer will not be entitled to access to the Holding Area to remove the Goods until all such amounts payable in terms of this clause 20.3 have been paid by the Customer in full to Absolute Storage. Absolute Storage will continue to exercise its lien over the Goods until all payments and charges due under this Agreement have been paid by the Customer in full.

 

20.4 Absolute Storage will only store the Goods in the Holding Area in terms of 20.2 above for a maximum period of 1 (one) month. Once this 1 (one) month period has expired, Absolute Storage will be entitled, but not obliged, to dispose of some or all of the Goods whether by way of private treaty or public auction at any price without reserve, in its sole discretion, without further notice to the Customer. The cost of the sale or disposal of the Goods will be for the Customer’s account and any eventual surplus, after settlement of all monies owed to Absolute Storage in terms of this Agreement, will be paid to the Customer without interest.

 

21. PAYMENT BY ABSOLUTE STORAGE

 

21.1 In the event that any amount(s) are due and payable to the Customer by Absolute Storage in terms of this Agreement, such amount(s) shall be paid by Absolute Storage to the same payment source used for the payments made by the Customer in terms of this Agreement; provided that if the Customer has used more than 1 (one) payment source at different times, Absolute Storage may elect, in its sole discretion, which source to utilise when effecting payment.

 

21.2 For the sake of clarity and the avoidance of doubt, should payment in terms of this Agreement be made by the Customer by means of on-line credit card processing, any amounts due to the Customer by Absolute Storage shall be paid by EFT into the Customer‘s same credit card account, whereas if payment is made to Absolute Storage from another account, payment by Absolute Storage to the Customer shall be made by EFT into that other account.

 

22. NOTICES

 

22.1 It will be sufficient for any notices required to be given in terms of this Agreement to be sent by electronic mail and in this regard, the electronic mail will be deemed to have been served and delivered if no return emails stating that the email cannot be delivered is received. The provisions of Section 23 of the Electronic Communications and Transactions Act, No. 25 of 2002 will apply to this clause 22.1

 

22.2 In the event that the electronic mail referred to in 22.1 above is returned stating that the mail cannot be delivered, notices in terms of this Agreement may be given by hand delivery, post or facsimile, to the details provided by the Parties on the Site. In the case of notices that are mailed, these will be deemed to have been received 3 (three) business days after posting and in the case of a facsimile, will be deemed to have been received on the receipt of a successful transmission notice.

 

23. ABSOLUTE STORAGE MAY CHANGE THIS AGREEMENT

 

23.1 Absolute Storage retains an absolute discretion to change the terms of this Agreement at any time provided that if Absolute Storage does so, it shall post details of any such changes on this Site that will be effective forthwith.

 

23.2 By accepting this Agreement, the Customer also agrees to accept and be bound by any changes made by Absolute Storage under this clause 23. In any event, the continued use by the Customer of the Services after any changes to the terms of this Agreement have taken effect in accordance with 23.1 above, will be deemed to be the Customer’s acceptance of those changes to the terms of this Agreement.

 

24. ENTERING INTO THIS AGREEMENT

 

24.1 The Customer represents and warrants to Absolute Storage:

 

24.1.1 if it is an individual, that he/she has full legal capacity and is thus capable of entering into this Agreement and performing his/her obligations under this Agreement; or

 

24.1.2 if it is a juristic entity:

 

24.1.2.1 that it is duly incorporated and has been issued with a certificate of commencement of business;

 

24.1.2.2 that entering into this Agreement does not violate its Constitution or Founding Documents (Memorandum of Incorporation); and

 

24.1.2.3 that it has the power and has taken all corporate and other actions required to enter into this Agreement and to authorise entering into this Agreement and performing its obligations under this Agreement.

 

25. DISPUTES

 

The procedure for resolving a dispute in terms of this Agreement is as follows:

 

25.1 First, either the Customer or Absolute Storage may give notice to the other about the nature of the dispute (“Notice”) and the Customer and Absolute Storage will seek to negotiate a settlement of the dispute within 7 (seven) working days of receipt of the Notice;

 

25.2 Second, to the extent that the negotiations referred to in 25.1 above fail, the Customer and Absolute Storage will seek, within a further 2 (two) days, to reach Agreement on the appointment of a mediator for resolving the dispute, and failing any such Agreement, the mediator shall be appointed by AFSA Secretariat and the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and

 

25.3 failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.

 

26. WHOLE AGREEMENT

 

This Agreement constitutes the whole Agreement between the Parties as to the subject matter hereof and no Agreements, representations or warranties between the Parties other than those set out herein are binding on the Parties.

 

27. RELATIONSHIP OF PARTIES

 

Nothing in this Agreement shall be deemed to constitute any Party as the agent, partner or joint venturer of another Party.

 

28. NON WAIVER

 

Other than as otherwise specified in this Agreement, neither the failure of a Party to enforce at any time any of the provisions of this Agreement, nor the granting of any time or other indulgence, shall be construed as a waiver of that provision or of the right of that Party thereafter to enforce that or any other provision.

 

29. GOVERNING LAW

 

This Agreement will be governed by the laws in force in the Republic of South Africa and each Party unconditionally submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action, suite or proceeding arising out of or with respect to this Agreement.

 

30. COUNTERPARTS AND ELECTRONIC ACCEPTANCE

 

This Agreement is to be concluded in counterparts by means of publishing on the Site and electronic “acceptance” thereof by the Customer on this Site, which, taken together shall constitute the entire Agreement between the

Parties.

 

 

 

Please Accept Terms & Conditions


Your attention is specifically drawn to the following clauses:-


NOTE: Each of the clauses must be accepted in the document where appropriate and the final “acceptance” at the end of this document shall not be available without having first accepted these specific clauses as required by the Consumer Protection Act no 68 of 2008.

 

Clause 9:
Clause 10:
Clause 15:
Clause 16:
Clause 17:
Clause 19:
Clause 20:
Clause 30:

 

 

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