Hide Terms
- BACKGROUND
This is a service level agreement (sla) between (“houser”) cc, Reg no: 2008/056586/23 and (the “client”). The Client has appointed HOUSER to introduce them to its panel of architects and builders and to advise the Client throughout the process whether the architect and builder, chosen from the HOUSER panel, and whom the client has entered into a Client Architect Agreement and a JBCC Principal Building Agreement respectively to design and construct a new home, or alter an existing home, is complying with the terms of the signed agreements.
- DEFINITIONS
In this Agreement, unless clearly inconsistent with the context:
- “business day” means any day of the week except a Saturday, Sunday or public holiday.
- “date of signature” means, if the Agreement is signed on more than one date, the most recent date upon which the Agreement was signed by the party concerned.
- “the Architect” means the Firm/Partnership/Individual, chosen from the HOUSER panel of Architects, responsible for rendering the architectural services to the Client, in terms of the signed client architect agreement.
- “the Client” means the housing consumer who has entered into a client architect agreement with the Architect as a result of HOUSER having introduced him/her to the Architect as a lead and the Architects has converted the lead to a client by way of a successful proposal and entered into a client architect agreement and a JBCC Principal Building Agreement with a Builder from the HOUSER panel to construct the home designed by the Architect;
- “the Builder” means the builder, chosen from the HOUSER panel, responsible to construct the new home or renovate the existing home for the Client, in terms of the signed JBCC Principal Building Agreement in accordance with the plans prepared by the Architect;
2.5 “the Parties” means the parties to this Agreement;
- “Services” means the services to be rendered by HOUSER to the Client in terms of Clause 4 of this Agreement;
- “the Project” means the house designed by the Architect and built by the Builder in terms of the signed JBCC Principal Building Agreement entered into between the Client and the successful tenderer from the HOUSER panel of builders in terms of which the Architect act as the Principal Agent;
- In this Agreement, unless clearly inconsistent with the context, words importing any one gender includes the other gender; natural persons include juristic persons and vice versa. The singular includes the plural and vice versa.
- Clause headings are for ease of reference only and shall not be taken into account in interpreting any provision of this Agreement.
- Any reference to an enactment or a statutory provision shall include a reference to that enactment or statutory provision as amended, replaced or re-enacted from time to time.
- Any reference in the Agreement to time, date, currency or anything else determined by locality, shall be to that applicable in the Republic of South Africa, unless otherwise specified.
- Except where otherwise indicated, the Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
- If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive clause in the body of the Agreement, notwithstanding that it is contained in the interpretation clause only
It is agreed that:
- HOUSER will render the following Services in terms of this Agreement:
- HOUSER will introduce the Client to the services of the Architects and Builders on its panel;
- HOUSER will assist the Client to enter into a Client Architect Agreement (CAA) with the successful Architect from its panel in terms whereof the Architect will render works stage 1-6 as published by the South African Council for the Architectural Profession (SACAP) for the fee agreed upon based on the latest SACAP fee guidelines as published in the Government Gazette;
- HOUSER will assist the Client to enter into a JBCC Principal building Agreement (JBCC PBA) with the successful Builder from its panel in terms whereof the Builder will construct the new home or renovate the existing home as per the Architects design;
- HOUSER will open a retention account into which all retention monies, deducted from certified interim payment to the builder, will be paid into;
- HOUSER will issue a construction guarantee to the Client, limited to the amount of money held in the retention account, and administer the retention account;
- HOUSER will check that the Architect and Builders has the correct project specific insurance in place prior to signing of any agreement;
- HOUSER will confirm that the Builder is registered with the National Home Builders Registration Council (NHBRC) and, in the case of a new build, that he has enrolled the new home with the NHRC before starting with construction;
- HOUSER will avail itself for one hour per month to attend a progress meeting via an online service such as Zoom or Google Meet with the Architect and Builder where HOUSER will assist in addressing questions/concerns and other contractual issues;
- HOUSER will avail itself for one further hour per month to address any concerns or questions of the Client regarding the contractual obligations of the Architect or Builder;
- In the event that a dispute is declared by either the Client or his Architect on the one hand or the Builder on the other HOUSER will mediate the dispute. HOUSER will only mediate one dispute free of charge, thereafter the party referring the dispute to mediation will be liable for the cost of same;
- HOUSER will advise the Client as to the extent, scope and level of service they are entitled to from the Architect in terms of the signed client architect agreement and what does not fall within the scope of the signed client architect agreement;
- HOUSER will render these services from its offices situated at 154 Stilgelee Avenue, Die Wilgers, Pretoria, alternatively via Skype, telephone, e-mail or conference call.
- In the event that the Client requires HOUSER to travel away from its offices in order to render the Services they will be responsible to reimburse travel time and cost at the rate of R 980,00 per hour and R 6,00 per kilometer;
- Should the client require HOUSER to render services in addition to those set out hereinabove the Client will be responsible to pay the invoice rendered by HOUSER for the additional services, time will be billed at R 980,00 per hour, travel at R 6,00 per kilometer and disbursement at the rate incurred plus a 10% handling fee;
- The Client will have the following obligations in terms of this Agreement:
- The Client will enter into a Client Architect Agreement with an Architect from the HOUSER panel to render work stages 1-6, as published by SACAP, for a fee, agreed between the Client and Architect, based on the latest SACAP fee guidelines;
- After the Architect has prepared the tender documents the Client will invite the Builders on the HOUSER panel to tender and enter into a JBCC PBA with one of the Builders on the panel for a contract sum agreed between the Client and Builder;
- The client will fulfill all its obligations in terms of the signed Client Architects Agreement and the signed JBCC PBA;
- The client will attend all mediations, whether the mediation was instigated by the Client or the Builder;
HOUSER shall perform the Services independently, objectively and timeously and shall at all times act professionally and display the skills to be expected from an expert in rendering the Services.
The Parties shall act in the utmost good faith, honestly and in the very best interest of the each other and all stakeholders.
- ACCESS TO INFORMATION & PRIVACY POLICY
- The Parties shall assist each other in obtaining all information reasonably required by the Parties to perform the Services.
- This clause 6 provides details about our Privacy and Cookie Policy, which Policy forms part of this Agreement. HOUSER takes your privacy seriously and is committed to protecting your personal information. The personal information that we collect from you in accordance with this Privacy Policy.
- Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you.
- When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
- We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic, including through the use of cookies.
- We may use your information to validate you as a customer when using our services to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
- We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring, affordability assessment, and improving business efficiencies.
- We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
- We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
- Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
- HOUSER reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
- A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting our Website, our computer server will recognise the cookie, giving us information about your visit.
- We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require.
- CONFIDENTIALITY & COPYRIGHT
- HOUSER shall not divulge any information concerning the affairs of the Client to any person other than such information as is necessary in order to render the Services provided for in this Agreement.
- This Clause shall survive the termination of this Agreement.
This Agreement shall constitute the whole Agreement between the parties and no amendment shall be of any force and effect unless it has been reduced to writing and signed by both parties.
- INDEMNITY AND SEVERABILITY
It is noted that the Client indemnifies HOUSER against any non-performance, breach, negligence, actions, proceedings, costs, liabilities, claims, expenses and demands in respect of any matter or thing done or omitted to be done in terms of the signed client architect agreement and the signed JBCC PBA between the Client and the Architect and Builder respectively.
Should any of the terms or conditions of this Agreement be held to be invalid, or unenforceable by an arbitrator or a court law, such term or condition shall, unless it effects the Agreement materially, be severable from the remaining terms and conditions which shall remain valid and enforceable.
No failure, delay, relaxation or indulgence on the part of any party in exercising any power or right in terms of this Agreement, shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right operate as a waiver of such power or right.
In case of a breach of any term of this Agreement, the aggrieved party may, without prejudice to any other right it may have in law, terminate this Agreement by written notice if the defaulting party has failed to remedy the breach within 30 (thirty) days after receiving written notice calling upon it to remedy the alleged breach.
Use of this HOUSER App and/or Websites information, products and services available on this Pineapple app is at the user’s own risk. We accept no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use and/or reliance upon the information on this HOUSER App and/or Website and any actions or transactions resulting there from even if we have been advised of the possibility of such loss, expense, claim or damages.
We also do not endorse, warrant or make any representations about the content, products, services, security or reliability of such other products and services.
14 NOTICES
The parties choose as their respective domicilium citandi et executandi an address where notice in terms of this Agreement may be given to the following addresses:
HOUSER 154 Stilgelee Street
Die Wilgers
Pretoria
0081
Tel: 083 393 8530
Fax: 086 670 0513
E-mail: enquiries@HOUSER.co.za
Neither party is entitled to cede, delegate, assign, or in any other manner dispose of any of its rights or obligations in terms of this Agreement, without prior, written consent of the other party, which consent will not be unreasonably withheld.
This Agreement shall be governed by the laws of the Republic of South Africa and the declaration of any clause herein as invalid shall not affect the validity of any other clause herein.
This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties.
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