Terms And Conditions

Membership Terms and Conditions

Preamble
WHEREAS the parties have voluntarily entered into this agreement, same of which shall serve as an acknowledgement that the Supplier will provide the Member with a Membership in consideration for a monthly membership fee;

AND WHEREAS the Membership along with the terms and conditions for the selected package are supplied to the Member’s, in accordance with and to be strictly regulated in terms of the Package chosen by the Member as well as the Terms and Conditions accompanied therewith;

AND WHEREAS the Member hereby confirms and acknowledges that he/she/they are well acquainted with the terms contained in this document, Packages and House Rules hereto. It is further noted that no agreement between the parties exists until such time as this agreement has been fully
concluded;

The Member will have the full use of the office services in accordance with the selected package. The Flexworx Offices are located at 8 Pieter Street, Highveld Technopark, Centurion. The selected package will determine the office space, time and days of usage and number of persons which may utilize the office space under the selected package of the member.
Packages to this agreement illustrates the various packages with the associated costs.

AND NOW THEREFORE the parties have agreed to the following:

1. Duration of Agreement
1.1.The duration of this agreement is dependent on the package selected by the member.
1.2.The selected package, what it includes and the general House Rules, shall all be subject and applicable and shall be binding on the member in accordance with the package selection.

2. Commencement
2.1.This Membership agreement shall commence on the commencement date and terminate on the termination date and shall continue thereafter as described in the termination clause herein.
2.2. This agreement will be effective when signed by both parties and payment of the Admin and setup fee is paid by the Member. Each membership will begin on the date as specified in this agreement and agreed to between the respective parties and shall endure until the expiration date as determined by the selected package.

3. Costs
3.1.The cost for the use of the offices shall be determined by the package chosen by the member. Amounts reflected are not fixed and are subject to discounts and allowances as may be agreed upon between the parties
from time to time. This shall be provided in the form of a quotation offered by the Supplier, and accordingly accepted by the Member. Should this be the prevailing scenario, the quotation shall be appended to this agreement and shall regulate the costings between the parties as well as the office allocation to the member

3.2.The member hereby acknowledges that any amount paid for the usage of the selected office shall be nonrefundable.
3.3.Payment will be made into the account of the Supplier, same of which is more fully set out in the House Rules. Payments, as dictated by the respective package, shall be made monthly in advance on/before the last day of every month or alternatively payments should be made in terms of the monthly invoice provided.
3.4.Each Membership shall further be liable for a Setup Fee. This payment shall be accompanied by a nonrefundable Admin fee.
3.5.Moreover, should the Member owe the Supplier any money’s in terms of rental or for the usage of the facilities and services provided by the Supplier, the Supplier shall be entitled to recoup the amount due and payable to the Supplier.

4. Termination of this agreement
4.1.This agreement between the supplier and the member shall terminate upon the termination date as per the Commencement clause above.
4.2.Upon termination of the agreement, the member acknowledges that he/she/the Company shall be denied any and all access to the premises. This will also be the case in instances where members have failed to
make payments for the use of Flexworx Office space.
4.3.In the event that the agreement reaches its expiration and neither the Member nor the Supplier have cancelled the agreement, the agreement shall accordingly continue on a month to month basis with the Membership Package to be escalated by 10% on the 12-month anniversary of the commencement of this agreement (see Commencement clause of this
agreement).
5. Access
5.1.To maintain a standard of exclusivity for Members and guests, the Supplier reserves the right to refuse access or to remove anyone who ignores the rules contained in the House Rules.

6. Transferability
6.1.The membership with the Supplier’s will be based on a named individual or a company and is not transferable. Where the member is a company, a list of each employee of the company who will be utilizing the
offices in terms of the chosen package will need to be provided to management of the Suppliers offices.

7. General
7.1.This agreement along with The House Rules, shall not be varied unless the variation is reduced to writing on paper and signed by all relevant parties in ink.
7.2.The Supplier makes no warranties to the member and the relationship between the respective parties shall be regulated contractually.
7.3.The parties acknowledge that the usage of the premises of the Supplier shall be strictly for business purposes and shall not serve as a dwelling of any kind.
7.4.The Consumer Protection Act 68 of 2008 shall be applicable to this agreement.

8. Non-variation
8.1.No term in these Rules or the Application Form shall be amended or varied in any way unless such amendment or variation has been reduced to writing on paper and signed by all relevant parties in ink.

9. Laws of Republic of South Africa
9.1.The laws of the Republic of South Africa shall apply to this agreement. Should a dispute arise between the parties, the Member agrees that the Supplier shall be entitled, but not limited to, bringing any legal proceedings to the Magistrates Court with the relevant jurisdiction. Should the Supplier institute legal action against the Member as a result of the Members breach
of the agreement, the Member shall be liable for all legal costs as a result thereof on an attorney and own client scale.

10. Entire Agreement
10.1. This Agreement, the Application form and House Rules shall constitute the entire agreement between the parties.

11. Domicilium citandi et executandi
11.1. The parties to this agreement acknowledge and confirm that the addresses as set out in the Application Form will be considered their domicilia for purposes of service of legal documents and process. It is
specifically noted that the parties may deliver letters via email to the respective addresses.