Isa Carstens Accommodation Contract - Pretoria

MEMORANDUM OF AGREEMENT
ENTERED INTO BY AND BETWEEN

ISA PRETORIA RESIDENCE II (PTY) LTD

(Reg no 2017/663099/07) trading as

ISA DAMESKOSHUIS PRETORIA

with its chosen domicillium citandi et executandi being:
408 Lynnwood Road, Lynnwood, Pretoria, 0081

Contact Details:  Tel: (012) 940-5231   Fax: 086-540-8289
(herein referred to as “the Supplier”)

AND

(herein referred to as “the Recipient”)


Who chooses Isa Ladies Residence, 408 Lynnwood Road, Lynnwood, Pretoria, 0081 as her domicillium citandi et executandi.

AND

(herein referred to as “the Co-principal Debtor”)


  1. INTERPRETATION
    1. In this lease, except in a context indicating that some other meaning is intended,
      • "Prime rate" means the publicly quoted basic rate of interest per annum from time to time (as certified by any officer of the hereinafter mentioned bank, whose appointment and authority it shall not be necessary to prove and which certification shall be final and binding on the parties) at which First National Bank lends money in South African Rand on unsecured overdraft to first-class corporate borrowers in general based on such interest being compounded monthly in arrears and calculated on a 365 (three hundred and sixty-five) day year factor, irrespective of whether or not the year is a leap year;
      • “the Agreement” means this supply of accommodation package;
      • “the Building” means the building, outbuilding(s) and other improvements which form portion of the Premises;
      • “the Communal facilities” means the entrance foyer, lounge, dining room, courtyard, passages and unit foyer areas, kitchen/dining area, all bathrooms, toilets and showers, laundry room, basement parking area;
      • “the Commencement date” means the date of registration of Recipient at the Premises;
      • “the Furniture” means the furniture listed as per the attached schedule hereto, marked Annexure “B”;
      • “the Lease period” means the period as described in clause 2.1 below;
      • “Academic Year” means from the date of registration to the latter/last academic day, including final examinations (but excluding special examinations) of the Isa Carstens Academy or University of Pretoria, as determined annually, holidays excluded;
      • “the Premises” means Isa Dameskoshuis, 408 Lynnwood Road, Lynnwood, Pretoria, 0081;
      • “the Recipient” means a student approved by the Isa Carstens Academy or the Isa Dameskoshuis Management and added to this Agreement as a party;
      • “the Room” means the inside of the Room, including but not limited to the door, cupboard and windowsill;
    2. In this Agreement, unless the contrary is clear from the context, the singular includes the plural (and vice versa), any reference to any gender also consists of the other gender, and any reference to natural persons includes legal persons (and vice versa).
    3. Any provision of this Agreement imposing a restraint, prohibition, or restriction on the Recipient shall be so construed that the Recipient is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition, or restriction is observed by everybody occupying or entering the Premises or any other part of the Building through, under, by arrangement with, or at the invitation of the Recipient, including (without limiting the generality of this provision) the family, guests and servants of the Recipient.
    4. Clause headings appear in this lease for purposes of reference only and shall not influence the proper interpretation of the subject matter.
    5. This Agreement shall be interpreted and applied by South African law.
    6. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or the preparation of the contract shall not apply.
    7. The parties acknowledge and agree that they have had equal opportunity to take legal advice and to negotiate and amend this Agreement and rule that provides that this Agreement or any clause therein shall be interpreted against the party responsible for the drafting or preparation of this Agreement shall not apply.
  2. PROPERTY AND PERIOD
    1. Notwithstanding the date on which this Agreement is signed, the Supplier supplies the Recipient with a Room and the Communal Facilities on the Premises, also cleaning of Communal Facilities and maintenance services (excluding damages by and due to negligence of Recipient), electricity supply, and Furniture for the entire Academic Year (holidays excluded).
    2. The Recipient accepts the accommodation costs and other fees as set out in Clauses 3, 4, 7 and 11 upon signature of this Agreement. The Recipient further acknowledges having inspected the Premises as offered and the Room are satisfactory in location and size and have sufficient facilities.
    3. The Supplier retains the right to move the Recipient to an alternative Premises or Room of the same or similar quality at the Supplier's discretion.
    4. This Agreement will remain in full force and effect for the entire Academic Year of the Recipient’s first year of study. Should the Recipient enrol for any further years of study, the Recipient and the Supplier shall be required to execute a new contract, which both Parties shall execute before the commencement of the subsequent Academic Year.
    5. The Recipient acknowledges and agrees that the Supplier may utilise the Room for its purposes during the Academic Year when the academic programme is not in session, and should the Supplier so request, the Recipient will remove all their belongings from the Room (or lock them in their cupboard for safekeeping) so that the Room can be utilised for other purposes during these periods. The Supplier will endeavour to give the Recipient fair notice of its intention to utilise the Room over these periods.
  3. ACCOMMODATION FEES
    1. The accommodation costs for the Room and other fees are computed and payable as follows:
      • A non-refundable reservation fee of R7 000 (SEVEN THOUSAND RAND), payable by the Recipient on acceptance by the Supplier. The Recipient and Parent/Legal Guardian to complete the Agreement online, duly sign it and submit it via the website. The signed Agreement should be received before the registration date, failing which the Supplier cannot register the Recipient.
      • The accommodation cost of R67 547 (SIXTY-SEVEN THOUSAND FIVE HUNDRED AND FORTY-SEVEN RAND), including VAT at 9% (NINE PERCENT), as prescribed in the VAT Act for long-term accommodation, for the Academic Year, payable in advance by the Recipient to the Supplier. The accommodation cost is payable on or before 10 January 2025 to the Recipient at the Premises before occupation and access are granted.
      • A compulsory initial meal fee of R8 000 (EIGHT THOUSAND RAND) is payable on or before 10 January 2025 by the Recipient to the Supplier.
    2. Payment of the accommodation cost and other fees are due and payable on or before 10 January 2025. Electronic transfers will be reflected in our bank on or before 10 January 2025, failing which students cannot occupy their rooms.
      • Name of account:               Isa Pretoria Residence II (Pty) Ltd
      • Bank:                                     FNB
      • Branch:                                 Stellenbosch
      • Branch code:                       200610
      • Account number:               628 082 279 05
    3. The Supplier shall be entitled in its sole and absolute discretion to appropriate and re-appropriate any amounts received from the Recipient towards the payment of any cause of debt or amount owing by the Recipient to the Supplier whatsoever.
  4. BREAKAGE FEE
    1. A breakage fee of R1 500 (ONE THOUSAND FIVE HUNDRED RAND) is payable by the Recipient to the Supplier on or before 10 January 2025.
    2. Said breakage fee shall be maintained and will remain in possession of the Supplier for the duration of the Recipient’s stay in the residence or until the end of the Recipient’s studies.
    3. Whenever during the Lease Period the fee is so applied in whole or part (for damages caused by and due to negligence of the Recipient), the Recipient shall, on demand, reinstate the fee to its original amount.
    4. During and on termination of this lease, the Supplier may apply such fee towards the payment of all amounts for which the Recipient is liable under this Agreement, including the reasonable cost of repairing damage to the Premises during the Lease Period and/or the cost of replacing lost keys.
    5. The Supplier should be able to indicate the pro rata costs incurred, as contemplated in clause 4.4 above, and must be available to the Recipient for inspection as proof of such expenses incurred by the Supplier.
    6. On termination of this Agreement, 2 (TWO) weeks before the expiry of the Lease Period, but no later than the last day of the Agreement,  the Supplier and the Recipient shall, within this period, have a joint inspection of the Room for any damage to the Premises and record such damage on the Room Inspection List (as per the attached schedule hereto, marked Annexure “D”). The repair costs for any damage done to the Premises by the Recipient, which at the time of cancellation of the contract has not yet been repaired by the Recipient, shall be deducted from the fee before the balance of the cost is refunded to the Recipient in terms of Clause 5 below.
    7. In the event of damages, the balance of the fee, if any, must be refunded to the Recipient by the Supplier within 2 (TWO) months of termination of the lease, subject to clause 5. If the termination date is after October, refunds will only be done at the end of February next year.
    8. Should no amounts be due and owing by the Recipient to the Supplier in terms of this Agreement, the fee must be refunded by the Supplier to the Recipient, subject to and as contemplated in clause 5 below, without any deduction or set-off, within 2 (TWO) months of termination of the lease.  If the termination date is after October, refunds will only be done at the end of February next year.
    9. The Recipient shall not be entitled to utilise said fee to pay any accommodation costs or other expenses due to the Supplier in terms of this Agreement.
    10. In the event of a shared Room being damaged and a dispute arises between its occupants (Recipients) concerning who is responsible for the damage. The damage cannot be ascribed to a specific person (Recipient), and the costs incurred to repair the damage shall be deducted in equal amounts from the breakage fee paid by the occupants (Recipients) of the shared Room.
  5. CREDIT REFUND
    1. Provided that Annexure D has been completed in full and signed off, the Recipient may reclaim any credit balance, i.e. meals or the breakage fee, by completing the Reimbursement Request as per Annexure C attached hereto and delivering such to the Supplier within 2 (TWO) months after the termination of the Agreement. If the termination date is after October, credits will be finalised no later than the end of February of the following year.   To avoid doubt, no credit refunds will be processed unless both Annexures C and D have been completed in full and duly signed by both parties.
  6. OCCUPATION
    1. The Recipient shall be entitled to occupy the Room from the date of registration, provided that the total accommodation cost and other fees for the Academic Year concerned have been paid as stipulated in paragraphs 3, 4 and 7
  7. ROOM KEY
    1. The Recipient shall, on payment of R200 (TWO HUNDRED RAND), be issued with a room key on the date of registration of the Recipient at the Premises once the accommodation cost and other fees have been paid in full.
    2. In the event of the Recipient’s access card/room key being lost or stolen, a new access card/ room key shall be issued to the Recipient by the Supplier, and the cost thereof shall be deducted from the above fee, provided that the Recipient may not take possession of the access card/room key if she has not made payment to the amount of R150 each for a room key or access card.
  8. CO-PRINCIPAL DEBTOR
    1. The Parent/Legal Guardian herewith binds herself/himself jointly and severally as co-principal debtor for the due and punctual performance of the financial obligations of the Recipient in terms of this Agreement in favour of the Supplier.
  9. FAULTS/DEFECTS
    1. The Recipient undertakes to supply the Supplier on registration day with a Room inspection list (Annexure “D”) containing all the faults and defects in the Room to be addressed by the Supplier.  Unless the Recipient notifies the Supplier in writing within 14 (FOURTEEN) days of occupation to the contrary, it shall be assumed that the Recipient received the Premises in good condition.
    2. Any faults or defects which might occur during the Lease Period, must be recorded by the Recipient in the prescribed maintenance book to be rectified by the Supplier.
  10. RESPONSIBILITIES OF THE RECIPIENT
    1. The Recipient shall:
    2. maintain the interior of the Room in a good and tidy condition;
    3. the repairing costs of any damage, including the windows, caused by the Recipient, will be for the account of the Recipient, e.g. damage to walls and paint (attaching pictures and posters), ceilings, doors (permanent markings on doors), cupboards and bed/mattress;
    4. be responsible for supplying her bedding and towels;
    5. not use any food preparation equipment;
    6. not use any open element electrical (e.g. bar heaters) appliance;
    7. Do not leave any electrical appliances unattended which can cause a fire, i.e., curl tongs, iron, fan, etc.
    8. not keep any pets on the Premises.
  11. ELECTRICAL APPLIANCES AND ADDITIONAL LEVY
    1. The Recipient shall be entitled to install and use the following electrical appliances on the Premises:
      • 1 (ONE) hairdryer
      • 1 (ONE) radio/hi-fi
      • 1 (ONE) fan
      • 1 (ONE) computer/laptop
      • 1 (ONE) iron
      • N.B.: No portable air-conditioners, heaters, water coolers, electric blankets or food preparation equipment are allowed.
    2. The Recipient will not overload existing plugs or use and overload a multi-plug that will cause a fire hazard.
    3. The Recipient may only, with the written permission of the Supplier, use a bar fridge no bigger than 94L on the Premises, provided that the Recipient shall, in such cases, be held responsible for payment of an additional electricity levy to the amount of R1 948 (ONE THOUSAND NINE HUNDRED AND FORTY-EIGHT RAND) per year, payable annually in advance, but no later than 10 January 2025.
  12. EXTERIOR
    1. The Supplier shall maintain the exterior of the Building, all the walls and the roof.
  13. AMENDMENTS
    1. This Agreement nullifies all Agreements entered into between the parties before the date of this Agreement, and no amendments or additions to this contract shall be valid unless it has been done in writing and signed by the parties.
  14. CHANGES
    1. The Recipient is not entitled to make any structural changes to the Premises.
  15. IMPROVEMENTS
    1. The Recipient shall not have the right to claim reimbursement from the Supplier for any improvements made to the Premises, nor shall the Recipient be entitled to remove any improvements unless this has been agreed on in writing when the mentioned improvements have been made.
  16. INSURANCE
    1. The Recipient shall not do anything nor allow anything to be done on the Premises which makes the Supplier’s fire and/or other insurance void or causes an increase in such premium.
    2. The Supplier’s insurance does not cover any damage/losses to personal goods on the Premises (the Recipient’s insurance must cover such items).
  17. ACCOUNTABILITY
    1. The Recipient shall not hold the Supplier responsible for any damage to any person or goods on the Premises, and the Recipient indemnifies the Supplier against any such claims. Annexure “A” attached.
  18. REGULATIONS
    1. The Recipient shall abide by all the Municipal, District Council and other regulations pertaining to the Premises.
  19. DISTURBANCE
    1. The Recipient shall not be entitled to do anything nor allow anything to be done that causes a disturbance to the other occupants of the Premises, neighbouring houses, flats and/or medical centre.
  20. SUBLET
    1. The Recipient shall not be entitled to cede this contract nor to let the entire or a part of the Premises to another party without the Supplier's permission.
  21. DESTRUCTION OF THE PREMISES
    1. In the event of damage caused by fire and weather conditions (or any other damage) that renders the Premises unusable, the Supplier shall have the right to cancel the contract through a written notice to the Recipient.  In such case, the Recipient shall be entitled to a pro-rata refund of the accommodation cost already paid annually in advance for the period during which the Recipient can no longer benefit from occupying the Premises.
    2. However, if the Supplier elects not to cancel the contract, the Recipient shall be entitled to a total or proportionate reduction in fees under the circumstances regarding the period during which the Recipient is deprived of using the Premises. The Supplier shall not be held responsible for any damage the Recipient suffers.
  22. CHANGES TO REGISTERED ACADEMIC PROGRAM
    1. Should the Recipient elect to change from her registered academic course, she shall immediately notify the Supplier of such decision. The Supplier shall have the right (but not the obligation) to terminate this contract as a result of such decision by the Recipient.
    2. Should the Supplier elect to terminate this contract as aforesaid, all monies already paid by the Recipient to the Supplier shall be forfeited by the Recipient, and the Recipient shall vacate the Premises within 7 (seven) days of written notice by the Supplier of termination of the contract.
  23. CANCELLATION BY THE SUPPLIER
    1. If the accommodation cost and other fees are not paid on time, and/or the Recipient fails to comply with any other condition of this contract within 7 (Seven) days after the date of a registered letter addressed to the Recipient, the Supplier shall have the right, without prejudice to any other rights that the Supplier may have, to:
      • immediately cancel this contract without any further notice to the Recipient and
      • to evict the Recipient on 24 (Twenty-Four) hour notice without prejudicing any other claims the Supplier might have; and
      • retain all monies already paid by the Recipient to the Supplier as liquidated damages suffered by the Supplier.
  24. CANCELLATION BY THE RECIPIENT
    1. Should the Recipient give notice to cancel this Agreement for any reason whatsoever, the Recipient will forfeit the non-refundable reservation fee and accommodation cost as liquidated damages, and the same provisions contained in clause 23 shall apply in the instance where the Recipient has given notice of the termination of this agreement.
  25. LEGAL FEES
    1. The Recipient shall be held responsible for all costs, including legal fees on an attorney and client scale, the Supplier incurs as a result of a breach of contract by the Recipient or in the event of any legal action being required to enforce the Supplier’s rights in terms of this Agreement.
  26. INTEREST ON OVERDUE PAYMENTS
    1. Interest at the current prime rate plus 2% (TWO PERCENT) lending rate as charged from time to time by FNB (First National Bank) shall be payable monthly by the Recipient on all arrears or any other amounts payable by the Recipient in terms of this Agreement.
  27. CONCESSIONS OR EXTENSION OF TIME
    1. Any concession the Supplier makes regarding the Recipient’s non-compliance with any of the conditions mentioned above shall not limit or prejudice the Supplier's rights as stipulated herein.
  28. HOUSE RULES AND DISCIPLINARY PROCEDURES
    1. The Recipient undertakes to obtain a copy of the latest House Rules and Disciplinary Procedures from the Administration Office and further undertakes that the Recipient will always be well informed of the latest House Rules and Disciplinary Procedures.  The Supplier reserves the right to amend the House Rules and Disciplinary Procedures occasionally.
  29. ADMISSION TO THE PREMISES
    1. It is now agreed that the Supplier or its duly appointed representative may inspect the Premises at any reasonable time and shall have access to it to do the necessary inspection and/or repair work.
  30. GUESTS
    1. It is hereby placed on record that the Recipient shall be entitled to receive guests on the Premises but that no guests may stay overnight without the Supplier's written permission.  No male guests are allowed beyond the foyer.
  31. CURFEWS
    1. The Management of the Residence has determined the following curfews for Recipients:
      • First year students: Dependent on the approved Welcoming Programme, the curfew will be 24h00;
      • Senior students: The curfew will be 02h00.
  32. STATUS OF THE RECIPIENT
    1. If the Recipient is a minor at the date of signing this contract, the Recipient shall be duly assisted by her parent or legal guardian.
  33. MEALS
    1. Meals form part of the accommodation package provided by the Supplier to the Recipient at an additional cost, and the cost of it is therefore not included in the accommodation costs, which means that the Recipient should approach the Supplier regarding meals. If, however, the Recipient does not make use of this mandatory service, the Supplier shall reconsider providing the meals.
    2. An initial mandatory meal fee is payable at the commencement of the Lease Period, and any meals booked and taken after that will be offset against this amount.  Once this initial amount has been exhausted, the Recipient will be responsible for further payment to ensure sufficient available credit to enable the Recipient to book further meals.
  34. SEVERABILITY
    1. Each provision of this Agreement (excluding only those essential at law for a valid and binding Agreement to be constituted) shall be deemed separate and severable from the remaining provisions. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
  35. RECIPIENT INFORMATION AND CREDIT BUREAU SEARCHES
    1. The Recipient, by its signature hereto, and the parent/legal guardian, by their signature(s) to the Agreement, hereby consents, throughout this Agreement, to the Supplier, its employees and/or agents:
      • receiving, processing, sharing, transmitting, exchanging and storing any consumer credit information (as the term is defined in the National Credit Act, Act No. 34 of 2005) and any personal information (as the term is defined in the Protection of Personal Information Act, Act No. 4 of 2013) in respect of the Recipient and to the extent applicable the parent/legal guardian hereto, for all purposes related to this Agreement;
      • carrying out any credit search, company search and/or asset searches with any registered credit bureau to monitor and determine the creditworthiness of the Recipient and, to the extent applicable, the parent/legal guardian hereto; and
      • sharing, transmitting and/or exchanging any information regarding the Recipient and, to the extent applicable, the parent/legal guardian hereto with any credit bureau.
  36. CONFIDENTIALITY AND DISCLOSURE OF CONFIDENTIAL INFORMATION
    1. For purposes of this clause, “Confidential Information” shall mean, without limiting the generality of the term, any information or data relating to the terms and conditions of any Agreement, proposal, offer, or marketing and business information of the parties or their agents, including that of their associated and affiliated companies.
    2. The receiver of Confidential Information (the “Receiving Party”) agrees not to disclose, publish, utilise, employ, exploit or in any manner whatsoever to use any Confidential Information for any reason or purpose whatsoever without the prior written consent of the party providing such Confidential Information (the “Disclosing Party”), which consent may be withheld in the sole and absolute discretion of the Disclosing Party.
    3. The Receiving Party agrees that any unauthorised publication or other disclosure of the Confidential Information may cause irreparable loss, harm and damage to the Disclosing Party or its agent. Accordingly, the Receiving Party hereby indemnifies and holds the Disclosing Party harmless against any loss, action, claim, expense, harm or damage of whatsoever nature suffered or sustained by the Disclosing Party due to a breach by the Receiving Party of any of the provisions of this clause 36.
    4. Notwithstanding the aforementioned, the Receiving Party will be entitled to distribute any Confidential Information to its financiers, agents and/or professional consultants for building and/or auditing purposes without the Disclosing Party's written consent.
  37. ANTI-BRIBERY AND CORRUPTION
    1. The parties confirm their respective approaches to be fair, lawful and honest business.
    2. Each party hereby warrants and undertakes that neither it nor any of its principals, directors, employees and/or public officers has, at the Signature Date, offered, promised, given, authorised, solicited or accepted any undue financial or other advantage of any kind (nor implied that they will or might do any such thing at any time in the future) in any way connected to this Agreement.
  38. INDUSTRIAL ACTION
    1. The Recipient indemnifies and holds the Supplier harmless against any protest, picketing, strike, unlawful occupancy, nuisance and disturbance carried out by the Recipient and/or third parties in the Premises and/or the Building and/or on the Property directed to or relating to the Recipient.

INDEMNITY

I, the undersigned, hereby indemnify the employees, agents and directors of Isa Carstens Academy (Pty) Ltd, Geribel Investments (Pty) Ltd, Isa Pretoria Residence II (Pty) Ltd, Isa Carstens Pretoria Campus (Pty) Ltd, Superstrike Investments 121 (Pty) Ltd, Atterbury Holdings (Pty) Ltd, the Stellenbosch University, University of Pretoria, associated and affiliated companies, the staff of the residence, staff of Feedem Group (Pty) Ltd, as well as the House Committee/Mentors of any claims whatsoever due to injuries during the execution of any student activities of the residence that my daughter will partake in:

I further take note and permit my daughter to:

  1. Participate at her own risk in outings, Rag tour and weekend camps;
  2. At her own responsibility, attend social events;
  3. Sleep out during the week or weekends;
  4. At her own risk, use the transport provided;
  5. During block periods for external exams, study at home or somewhere else (residence rules will apply if students choose to stay and study in residence);
  6. I am fully aware of the residence rules and identify myself with the rules.
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