Terms & Conditions

Solar as a Service

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01. GRANT OF USE AND ENJOYMENT

Versofy hereby grants to Lessee the use and enjoyment of the equipment (“Equipment”) recorded above and/or on a Schedule/s, referring to this Master Rental Agreement (“Agreement”), which is/are or may at any time in the future be annexed to this Agreement.
The Lessee hereby accepts such grant of use and enjoyment subject to the provisions set out in this Agreement.

02. MASTER RENTAL AGREEMENT AND SCHEDULES

The terms and conditions of this Agreement shall apply to each and every further Equipment Schedule or Annexure (“Schedule”) which the parties may enter into.
The Equipment described in any Schedule shall be rented in accordance with the terms of this Agreement as if the terms and conditions of this Agreement were incorporated in such Schedule.
The conclusion by the parties of further Schedules shall create a separate Agreement in respect of the Equipment described in each such Schedule. The breach of this Agreement or any one of the Schedules shall be deemed, at Versofy’s election, to be a breach of any or all Schedule’s effected in terms of this Master Rental Agreement.

03. MAINTENANCE

The Lessee shall inform Versofy Solar in writing in the event that the System requires repairs or maintenance (of whatever nature) as soon as it becomes aware that the System requires maintenance or repairs.
The Lessee shall also, to the extent possible, perform the following general maintenance works on the System:
keep the System in good condition; and
ensure that the panels are not obstructed by buildings, structures, trees, hedges and the like.
Lessee shall not be entitled to withhold compliance with its obligations under this Agreement or its payment obligations for any reason whatsoever including but not limited to any period during which the Equipment is not in proper working order or not working at all and/or if for any reason the terms and conditions of the maintenance agreement have not been adhered to by Versofy or its agent and/or because of a dispute in relation to a defect, breakdown, accident, loss, theft and/or damage to the Equipment.
The Lessee, or anyone on the Lessee’s behalf, may not make or permit any alterations or modifications, including improvements or additions, to be made to the System (and the Premises, to the extent that it affects the System) unless the Lessee has obtained Versofy’s consent in writing.
The Lessee acknowledges that any alterations or modifications as referred to in clause 3.6 above may have the effect of impacting or voiding the warranties given to Versofy by the manufacturers of the System components.
If Versofy consents to the requested alterations or modifications required by the Lessee, then the Lessee agrees that it shall only use contractors who are approved by Versofy to carry out such alterations or modifications.
The Lessee understands that it shall remain liable for any third-party accounts received from any Utility or municipal entity for the usage of services provided by such persons.
The Lessee agrees that it shall be liable to Versofy for the damages or loss (including the cost of restoration of the System) suffered by Versofy in the event that it fails to perform any of its obligations in terms of this clause 3, and in the event that the damage/loss is covered in part by a claim under the insurance policy for the System, then the Lessee shall be liable for any shortfall not reimbursed to Versofy by the insurance company.

04. DURATION

This Agreement shall only be binding on Versofy upon its signature thereto.
This Agreement shall commence once installation is completed and the Lessee has confirmed and accepted installation and shall continue for the prescribed Minimum Rental Period as set out in the Contract Details above or in the relevant Schedule (“Minimum Rental Period”).
Should the Minimum Rental Period exceed 24 months, then Lessee hereby warrants that it has elected to enter into this Agreement for such longer period as it is of a financial benefit to Lessee, which benefit has been demonstrated to Lessee by Versofy.
Versofy shall no less than 20 (twenty) days before the expiry of the Minimum Rental Period of this agreement inform the Lessee of such expiry as well as informing the Lessee of his options after the expiration of this Agreement.
The Lessee may cancel this Agreement on 20 (twenty) days written notice; provided that the terms and conditions attaching to the premature cancellation shall be subject to clause 4.6 below.
Upon cancellation of this Agreement as contemplated in clause 4.5 above, Lessee agrees that it shall remain liable to Versofy for:
The Lessee acknowledges that he/she would have had to make payment of the purchase price of the Equipment but due to Versofy’s assistance, Versofy has purchased the Equipment on Lessee’s direct instruction and Versofy has entered into this Agreement with Lessee on the basis that, amongst others, the purchase price that Versofy paid for the Equipment is recovered over the duration of the Agreement.

05. RENTAL

Lessee shall pay Versofy, for the duration of this Agreement
the Rental as specified in the Contract Details or the relevant Schedule together with
VAT at the prescribed rate (the “Rental/s”).
Rentals are payable monthly in advance from the Commencement Date.
Lessee shall not be entitled to withhold any Rental or any other amount payable in terms
of this Agreement for any reason whatsoever.
Lessee shall not set-off or deduct against any Rental or any
other amount payable in terms of the Agreement, any present or future claim which the
Lessee may have against Versofy from any cause arising.
All payments made by Lessee to Versofy in terms of this
Agreement must be made without counterclaim and shall be free of any exchange, bank
costs and other charges applicable to Lessee.
Versofy may in its own discretion and without notice to Lessee, apply any monies received
by it from Lessee, in payment of any other amount due by Lessee to Versofy. Lessee shall
forthwith settle any shortfall in the amounts due in terms of this Agreement which may
arise in this manner.
The Lessee’s signature hereto constitutes the Lessee’s authority to Versofy to draw
against Lessee’s bank account, wherever it may be, the amounts due in terms of this
Agreement.
The Lessee agrees and acknowledges that Versofy may charge
an unpaid debit order fee on Lessee’s account should any payments be dishonoured by
Lessee’s bankers.
Any change in the manner of payment requested by Versofy
from Lessee shall not be construed as being a novation and Versofy reserves its rights
at all times to change or alter the manner of payment of any Rental payable by Lessee in
terms of this Agreement.
Lessee shall pay to Versofy interest at the Prime Rate plus
6% (six percent) on all amounts overdue in terms of this Agreement, calculated on a
daily basis from the due date for payment until the actual date of payment. Lessee will,
in the absence of any manifest error, be bound by Versofy’s calculation in the
determination of any interest calculation.
If at any stage during this Agreement there are changes in;
the Prime Rate; and/or any law or regulation or the interpretation thereof or the then
current prevailing weighted average cost of funding to Versofy, resulting in any
increase and/or decrease to Versofy in the cost of providing or maintaining this
Agreement, then without derogating from anything aforementioned, Versofy may in its
discretion, at any time on or after the date of change, recalculate the Rentals which
fall due for payment on or after the said date so that Versofy maintains the internal
rate of return it enjoyed immediately prior to the said change and may substitute the
recalculated rentals for the previously calculated Rentals. Any adjustment to the Rental
shall take effect upon the next Rental Due Date following the date of such change.
Lessee shall pay and bear all value added tax (“VAT”) on any
Rental and all other amounts in accordance with the VAT Act payable in terms of this
Agreement. If at any time during the currency of this Agreement there is any change in
the rate at which VAT is levied and/or in the amount of VAT payable in respect of the
Rentals, Versofy shall recalculate the VAT component of the Rentals which fall due on or
after the date of the said change accordingly and shall substitute the recalculated
Rentals for the previously calculated Rentals.
Any dispute relating to any adjustment in Rental shall be
referred to Versofy’s auditors whose decision shall be final and binding on the parties.

06. USE OF EQUIPMENT

Lessee shall take delivery of the Equipment at the Premises on behalf of Versofy and provide adequate accommodation and all other facilities necessary for the installation and maintenance of the Equipment as set out in any specification issued by the relevant authority. Lessee shall not act as Versofy’s agent for any other purpose.
Lessee shall be liable to pay all costs in respect of the delivery and/or installation of the Equipment and Lessee is aware that such costs may have been included in the Rentals. Should Lessee or any legislation or by-law determine, either before, during or after the installation of the Equipment, that any alteration or additions are required to the Equipment or to the Premises to ensure the proper installation and functioning of the Equipment, then such alteration shall be carried out only by such technicians as may be approved by Versofy at Lessee’s sole cost. No liability of whatsoever nature shall attach to Versofy in respect of such alterations or additions or the manner in which they are carried out.
Lessee must:
1. accept delivery and proper installation of the Equipment by Versofy or its approved installer/agent at the Premises;
2. examine the Equipment or cause the Equipment to be examined and satisfy itself as to its working order and;
3. care for the Equipment in a proper, diligent and careful manner and subject to any instructions issued by Versofy or its approved installer/agent or the manufacturer of the Equipment; and in the manner and for the purpose for which it was designed;
4. maintain the Equipment in good working order and a good state of repair, fair wear and tear accepted and correctly operated ;
5. not sell, dispose of or part with possession, remove or move the Equipment from the Premises without the prior written consent of Versofy.
Lessee acknowledges that the Equipment has been acquired by Versofy at the Lessee’s request and solely for the purpose of renting the Equipment to Lessee. The Lessee has selected Versofy and between the Lessee and Versofy (or its approved installers/agents) the Equipment specifications, warranties or guarantees required by Lessee have been negotiated and agreed.
Lessee shall ensure that all repair and maintenance service in respect of the Equipment shall be rendered only by suitably qualified persons approved by Versofy. The costs of any repair and maintenance will be borne by Lessee.
Lessee shall not interfere with or allow any interference with any identification which may be affixed to the Equipment and Lessee shall not, without the prior written consent of Versofy, make any alteration or modification to the Equipment. In the event that the Equipment is repaired or replaced, the Lessee acknowledges that all replacement parts, accessories, additions, modifications and alterations to the Equipment during the currency of this Agreement, shall be deemed to form part of the Equipment and shall accede to and become the property of Versofy without compensation payable to Lessee.
The Lessee agrees that the Equipment is movable, and that the Equipment is installed with the intention that the Equipment shall remain moveable and that it shall under no circumstances accede to any property.
Lessee shall keep the Equipment in its possession and control and free from the claim of third parties and from attachment. Lessee shall not alienate or transfer the Equipment, encumber, either in part or as a whole, nor allow any lien to arise in respect thereof and should Lessee allow the Equipment to become subject to any lien or attachment of any nature and Versofy pays the amount due for the release thereof, then such amount shall constitute a debt owing to Versofy by Lessee and shall become payable on demand.
Lessee shall permit Versofy and/or its authorised agents to have access to and to inspect the Equipment at all reasonable times.
Lessee shall not use the Equipment in contravention of this Agreement or of any regulations stipulated by any relevant authority.
Versofy shall not, under any circumstances, be liable to Lessee in respect of any damage to person or property of whatever nature and however arising, whether direct or consequential or special, or general, resulting from the Lessee’s possession, use and/or operation of the Equipment; or the installation of the Equipment.

07. OWNERSHIP

It is expressly agreed that, for the duration of this Agreement, the Equipment shall at
all times be and remain the sole and absolute property of Versofy.
Unless otherwise agreed between the parties at the end of the Minimum Rental Period, the
Lessee or any person on its behalf shall not be entitled to retain the possession, use
or enjoyment of the Equipment.
Lessee shall on termination of this Agreement allow Versofy or its appointed installer to
decommission and uninstall Equipment from the Premises.
Lessee agrees that the Equipment will not at any time accede or become permanently
attached to the Premises or other property asset.
Should it be required that the Equipment be restored in order for it to operate as per
its original condition, fair wear and tear accepted; the cost of such restoration will
be for the account of Lessee.

08. INSURANCE OF EQUIPMENT

Versofy shall obtain and hold insurance in and to the
Equipment against insurable risks (including but not limited to cover against loss,
fire, theft, and such risks associated with the nature of the Equipment and in terms of
any statutory requirements), and for such amounts as it may reasonably decide from time
to time, at no additional cost to the Lessee. All premiums payable in respect of any
such insurance shall be paid by Versofy.
The Lessee shall not do or permit to be done anything which
may render void or voidable any insurance policy in respect of the System or may
increase the rate of premium payable in respect of such policy. —
Should any additional premium become payable by Versofy as a
result of the activities of the Lessee, then an amount equal to that additional premium
in respect of the Equipment shall be paid by the Lessee to Versofy at least 7 days prior
to the date on which the additional premium becomes payable by Versofy in terms of the
said policy.
The Lessee shall not permit the Equipment to be used by any
unqualified operator or in any other manner contrary to the law or the terms and
conditions of any insurance policy relating to this Agreement.
The Lessee shall advise Versofy immediately of any loss of or damage to the Equipment or
any of its components.
In the event of loss or damage to the Equipment System:
1. The Lessee shall be liable for the full replacement value to the extent that
  Versofy’s insurance company repudiates any claim arising from the fault
  and/or negligence of the Lessee or its employees or as a result of the
  breach of this Agreement
Should Versofy suffer any loss in respect of the Equipment
as a result of any theft, the Lessee shall report the theft to the South African Police
Service station which has jurisdiction over the area where the theft took place, and the
Lessee shall furnish Versofy with the case number to enable Versofy to lodge a claim
with its insurance company.

09. EQUIPMENT RELOCATION OR DISPOSAL OF THE PREMISES

The Lessee may request to move the Equipment to another location on the Premises or to another premises owned by the Lessee, but any such relocation shall be subject to the approval of Versofy in its sole discretion.
In the event that the Lessee submits a written request to Versofy requesting its consent to the removal of the Equipment as contemplated in clause 9.1 above and Versofy grants such consent (which shall not be unreasonably withheld) –
The Parties agree that the Agreement shall be amended so as to accurately reflect the New Premises on which the Equipment is installed and all references to Premises herein shall thereafter be considered to be references to the New Premises.
Should the Lessee wish to dispose of the Premises or any portion thereof, the Lessee shall give prior written notice to Versofy informing Versofy of the proposed disposal.
The Lessee hereby undertakes to include in any document in terms of which it disposes or otherwise deals with the Premises to a third party, either (a) a notice drawing such person’s attention to and making such transaction subject to the assignment by the Lessee of this Agreement to the third party purchaser and such third party agreeing to be bound by the provisions of this Agreement, which assignment is subject to Versofy’s approval; or (b) notifying the third party that the Equipment will be removed from the Premises.

10. CESSION AND ASSIGNMENT

Versofy shall without notice to Lessee be entitled to cede, delegate, transfer, sell, pledge and/or assign all or any of Versofy’s rights and/or obligations under this Agreement, including its right of ownership in the Equipment. If such cession, delegation, transfer, sale, pledge or hypothecation takes place, Lessee shall hold the Equipment on behalf of and in accordance with the instructions and directions of any such cessionary/ies in place of Versofy; and if so required by any cessionary/ies make all payments directly to such cessionary/ies.
Unless the context otherwise indicates, any reference to Versofy shall be deemed to include reference to its cessionary/ies.
Lessee shall not, without the prior written permission of Versofy:
1. cede or assign any of its rights and/or delegate any of its obligations in and to and arising from this Agreement;
2. encumber any of Versofy’s assets by way of mortgage, pledge, lien, charge, hypothecation or security interest or any other agreement or arrangement having the effect of conferring security on the assets; and
3. whether voluntary or involuntarily, sell, transfer or otherwise dispose of the whole or the substantial part of its assets or the whole or the substantial part of its undertaking.
Lessee consents to any splitting of claims which may result from any cession, delegation, transfer, sale pledge or hypothecation contemplated in this clause.

11. BREACH

Lessee shall be deemed to have breached the provisions of this Agreement should Lessee:
1. fail to make any payment due in terms of this Agreement on due date thereof;
2. omit to do or do any act or thing which may prejudice Versofy’s rights to and in
  terms of this Agreement and/or Equipment or cause Versofy to suffer any loss or
  damage, or if Versofy’s rights to or under any security given in connection with
  this Agreement are diminished, lost and/or prejudiced in any way;
3. Make or have made misrepresentations to Versofy or any representation or warranty
  in connection with this Agreement or any matter relevant thereto that is found
  to be incorrect, untrue or misleading;
4. Commit any other breach of its obligations in terms of this Agreement which
  breach shall be deemed to be a material breach;
5. Fail to adhere to the terms contained in clause 9 above providing for the
  relocation of the Equipment or disposal of the Premises
6. Enter into or attempt to enter into a compromise/or debt arrangement with all of
  its creditors or any of them;
7. Allow any judgment entered against it to remain unsatisfied for a period of 10
  (ten) days from the date of such judgment being granted or failing to obtain a
  rescission of such judgment within a period of 14 (fourteen) days from the date
  of such judgment being granted;
Should Lessee be deemed in terms of clause 11.1 to have breached any of the provisions of
this Agreement Versofy shall, without prejudice to any other rights which it might have
against Lessee, be entitled to:
1. cancel this Agreement; and/or
2. demand payment in the amount equivalent to the total of all amounts which, but
  for such cancellation, would have been payable from the date of cancellation of
  this Agreement until the date upon which the Minimum Rental Period expires and
  any other amounts payable by Lessee in terms hereof, whether due for payment or
  not.
Upon payment of such amounts in terms of clause 11.2.2 Lessee shall be entitled to the
use, possession and enjoyment until expiry of the Minimum Rental Period.
If Lessee fails to make immediate payment as demanded in clause 11.2.2, Versofy shall,
notwithstanding the election to claim immediate payment in terms of this sub-clause, be
entitled to take possession of the Equipment and recover from Lessee all amounts due/or
in arrears as at the date of cancellation, together with interest thereon and all
damages suffered by Versofy as a result of the cancellation of this Agreement.
Any damages claimed by Versofy against Lessee in accordance with clause 11.4 shall be
equivalent to the total of all amounts which, but for such cancellation, would have been
payable from the date of cancellation of this Agreement until the date upon which the
Minimum Rental Period would otherwise have terminated by effluxion of time, less the
value of the Equipment as at the date of recovery thereof by Versofy and as determined
by Versofy.
If Versofy cancels this Agreement, Lessee must:
1. immediately allow Versofy, Versofy or its appointed installers access to the
  Premises to decommission and uninstall the Equipment; and
2. immediately pay all amounts calculated under clause 11.2.2 above.
The provisions of clause 11.2 above, shall not be construed as precluding Versofy from
enforcing specific performance by Lessee under the terms and conditions of this
Agreement or any other legal action or remedy available to Versofy.
All costs and expenses incurred by Versofy or Versofy in removing the Equipment from
Lessee’s premises as a result of Lessee’s non-compliance with any provision of this
Agreement and/or all legal expenses incurred by Versofy in cancelling this Agreement,
recovering the Equipment, including attorney and own client cost, collection commission,
tracing fees, the cost of any valuation, dismantling, removal and storage of the
Equipment and all other expenses incurred in taking possession of the Equipment, shall
be borne by Lessee.
On termination of this Agreement, and should it be necessary, in Versofy’s opinion for
the Equipment to be valued, Lessee authorises Versofy to appoint a sworn appraiser
nominated solely by Versofy in its sole discretion, to determine the value of the
Equipment. Lessee agrees and undertakes to accept such valuation as binding on both
parties. If the Equipment is not recovered by Versofy for any reason whatsoever, the
value shall be deemed to be nil.
Notwithstanding the provisions of this Agreement should Lessee, in breach of its
obligations, fail to return the Equipment on termination of this Agreement, then in
addition to any other claims which Versofy may have against Lessee pursuant thereto,
Lessee shall be liable to continue to pay the Rental to Versofy as if the Agreement had
not been terminated pro rata for the period that the Equipment remains in Lessee’s
possession from date of termination. The acceptance of such payments/s by Versofy shall
not in any way prejudice Versofy’s claim for cancellation or any other claim which
Versofy may have.

12. WARRANTIES

Lessee, by its signature hereto warrants to Versofy, such warranties being material and going to the root of this Agreement, that:
1. its signature to this Agreement and any Equipment Schedule hereto from time to time constitutes the Lessee’s authority to Versofy to draw against Lessee’s bank account all amounts due in terms of this Agreement;
2. Information supplied to Versofy by Lessee or anyone on its behalf concerning Lessee’s financial position in whatever form is true and correct in all material respects. In particular, all information supplied to Versofy, prior to the Commencement Date including balance sheets, income statements, bank statements, credit reports, and other financial statements;
3. All information as may be presented to Versofy in the future will be true at the relevant time;
4. There are no pending or threatened investigations, litigation or other legal proceedings against Lessee that may have a material adverse effect on Lessee’s financial position or Lessee’s ability to perform its obligations under this Agreement; and/or purports to affect the legality, validity or enforceability of this Agreement;
5. Lessee has read, understood and is fully acquainted with the provisions of section 43 of the Short-Term Insurance Act, 53 of 1998;
6. Lessee will advise Versofy, in writing, immediately upon it becoming aware of any circumstances that could lead it being unable to service its’ rental obligations to Versofy in terms of this Agreement;

13. CREDIT CONSENT

Lessee consents to Versofy making enquiries and searches about Lessee’s credit record with any credit reference agency and any other party when assessing Lessee’s application to confirm the details in any credit application and/or in this Agreement made to Versofy. Versofy may also provide credit reference agencies with regular updates regarding how Lessee manages his account, including Lessee’s failure to meet agreed terms and conditions and any information concerning Lessee’s creditworthiness. Lessee consents that credit agencies may, in turn, make the records and details available to other credit grantors. Versofy may also give this information to any person who in its opinion, needs it to carry out any of Versofy’s rights or duties in terms of this Agreement or any law pertaining to the products Lessee has requested. Lessee consents to Versofy monitoring payment by researching Lessee’s record at any credit reference agency/ies and using new information and data obtained from such credit reference agency/ies in respect of future rental applications.

14. THE PROTECTION OF PERSONAL INFORMATION

Versofy may and the Lessee expressly consents to the collecting and processing of the Lessee’s personal information by Versofy, to: open, administer and operate the Lessee’s account; provide any combination of services, analysis, advice or intermediary service linked to the Lessee’s account, to the Lessee; monitor and analyse the conduct on the Lessee’s account for credit, fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.
The Lessee hereby expressly consents that Versofy may: process and further process the Lessee’s personal information within Versofy’s corporate group for the above purposes; disclose the Lessee’s personal information to any person who provides services to Versofy or acts as Versofy’s agent or to whom Versofy has transferred or proposes to transfer any of its rights and duties in respect of the Lessee’s account (some of these persons may be located in countries outside of the Republic of South Africa); and share the Lessee’s personal information with Versofy’s service providers, as necessary. Versofy agrees to request any and all such persons who provide services to Versofy to agree to its privacy policies if such persons need access to any personal information to carry out their services.
The Lessee acknowledges that: Versofy will at all times remain responsible for determining the purpose of and means for processing the Lessee’s personal information; Versofy is required by various laws, including FICA and the FAIS Act, to collect some of the Lessee’s personal information; without the Lessee’s personal information Versofy may be unable to open or continue to offer services to the Lessee; and the Lessee is providing Versofy with the Lessee’s personal information voluntarily.

15. CERTIFICATE

A certificate signed by any director, manager or accountant of Versofy (whose appointment as such need not be proven by Versofy) as to any amount owing by Lessee under this Agreement and/or any other matter, shall be prima facie proof of the matters therein and sufficient for the purpose for which the certificate issued and for all legal proceedings including summary judgment and/or provisional sentence and for the purpose of pleadings or any other trial action against Lessee for the amount or amounts reflected in such certificate.

16. WAIVER OF RIGHTS

Any latitude or extension of time which may be allowed by Versofy to Lessee in respect of any payment or strict and punctual compliance and performance in terms of the provisions of this Agreement, or any other indulgence which may be extended by Versofy to Lessee, shall not prejudice any of Versofy’s rights under this Agreement or operate as a waiver or novation of such right.
Lessee agrees that it shall be liable for any and all fines, taxes or other fiscal charges, penalties arising from or connected with the Equipment.

17. GOVERNING LAW AND JURISDICTION

This Agreement shall in all matters be governed and construed in accordance with the laws prevailing in the Republic of South Africa from time to time and all disputes, actions or other matters in connection therewith shall be deemed in accordance with such law.
Should any provision of this Agreement be or be retrospectively rendered unlawful, then that unlawful provision only shall be deemed to be modified to the extent and in the manner necessary to render it consistent with the enactment rendering it unlawful, or if such modification is impossible, be deemed to be severable from the remaining provisions hereof and pro non scripto. The remaining provisions shall continue unaffected. In either such event, notwithstanding anything to the contrary contained in this Agreement, Versofy and Lessee shall have all the rights conferred upon them by the law rendering such provision unlawful.
Lessee consents to the jurisdiction of any competent Magistrate’s Court in respect of any action to be instituted against Lessee by Versofy in terms of this Agreement, provided however, that nothing herein contained shall preclude Versofy from proceeding against Lessee in terms of this Agreement in any Court of competent jurisdiction, in which event Versofy shall be entitled to recover the costs of the proceedings in the said Court of competent jurisdiction.

18. NOTICES AND DOMICILIA

The parties select as their respective domicilium citandi et executandi for all purposes hereunder at the address indicated at the Contract Details. All notices must be in writing.
Any written notice shall be deemed to have been received by a party on the day sent by email or on the day of delivery if delivered by hand.
Either party may change its chosen domicilium to a physical address within the Republic of South Africa on written notice to the other party of such change.
Notwithstanding anything to the contrary in this clause, a written notice or other communication actually received by any Party shall be adequate written notice or communication to it notwithstanding that the notice was not sent to or delivered at its chosen address.

19. ENTIRE AGREEMENT

This Agreement constitutes the entire and complete Agreement between the parties. No Agreement differing from the terms and conditions of this Agreement, shall be of any force or effect or create any estoppels, unless it is in writing and signed by or on behalf the parties to this Agreement.
No consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorised representatives.
The Parties agree that Versofy has the right to make any alteration, addition, amendment, variation or suspension of any of the terms hereof, provided that it has given the Lessee prior written notice of such change (“Variation Notice”). Should the Lessee not provide Versofy with a written notice objecting to such change, within 10 days from receipt of the Variation Notice, the Lessee shall have deemed to have provided its consent to such change.

20. GENERAL

All words and phrases importing any one gender includes each of the other genders for the purposes hereof and the singular includes the plural and vice versa. Each phrase, sentence, paragraph and clause in this Agreement is severable the one from the other, notwithstanding the manner in which they may be linked together or grouped grammatically and if in the terms of any judgment or order any phrase, sentence, a paragraph or clause, is found to be defective or unenforceable for any reason the remaining phrases, sentences, paragraphs and clauses, as the case may be and continue to be of full force and effect.
In this Agreement: “person” includes an individual, firm, body, body corporate, unincorporated association or any other body or entity; a reference to either party includes that a party’s successors and permitted assigns, substitutes in title cessionaries, delegates, authorized representatives, liquidators, judicial managers and the like; a reference to a clause or schedule is a reference to a clause or schedule of this Agreement; if there is a conflict between the provisions of this Agreement and the Equipment Schedule, the provisions of this Agreement shall prevail; and headings are inserted for convenience only and not affect interpretation.
The rule of construction that an agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
Lessee indemnifies Versofy against:
1. Any loss or damage to the Equipment that occurs whilst installed at the Premises, however arising;
2. Any loss which Versofy may suffer as a result of any representation or warranty incorrect, untrue or misleading;
3. Liability for any death, injury or damage to any person or property arising directly or indirectly from the Equipment or its use, whilst installed at the Premises;
4. Any loss or liability incurred by Versofy resulting from possession, use or operation of the Equipment by Lessee;
5. Any loss or liability which Versofy may incur as a result of any consent to disclosure of its information on Lessee’s behalf being found to be invalid for any reason whatsoever; and
6. Any liability which Versofy may incur under any tax legislation by reason of the use of the Equipment for any purpose other than as stated by Lessee to Versofy; provided that such loss, damage, claim or liability is not due to Versofy’s negligence. Each indemnity in clause 20.5 is separate and independent obligation and continues after termination of this Agreement.

21. CONSUMER PROTECTION ACT

Lessee’s attention is drawn to the fact that all clauses printed in bold, including this clause may purport to either:
1. limit Lessee’s risk or liability;
2. constitute an assumption of risk or liability by Lessee;
3. impose an obligation on Lessee to indemnify Versofy or any other person for any
  cause; and/or
4. be an acknowledgement of any fact by Lessee.

22. ACKNOWLEDGMENTS

Lessee acknowledges that the information that it has furnished to Versofy is true and correct and that based on this information Lessee is not subject to the National Credit Act number 34 of 2005, as may be amended from time to time.
Lessee agrees that the terms and conditions contained herein shall apply to all Schedules irrespective of the commencement date of such a Schedule/s.

23. LESSEE’S RIGHTS

The Lessee has the right to:
1. Resolve a complaint by way of alternative dispute resolution.
2. File a complaint with the National Consumer Tribunal; or
3. Make an application to the Tribunal (provided that any such right is exercised in accordance with the act).
The National Consumer Tribunal can be contacted at:
1. Tel: 012 394 1450/012 394 1721
2. Fax: 012 394 2450
3. Email: nct@THEDTl.gov.za
4. Physical address: 77 Meintjies Street, Sunnyside, Pretoria, 0002
5. Postal address: Private Bag X48, Pretoria, 000

Solar power to the rescue amid tariff hikes

Consider making an investment in a more sustainable, independent, and cost-effective future! Steep electricity tariff hikes will mean that as a South African consumer your electricity woes won’t end any time soon unless you consider making the switch to a more...

A guide to spotting solar scams and choosing reliable providers

With solar energy an increasingly popular (and vital) component of our national energy strategy, the simultaneous rise of unregulated and substandard fly-by-night service providers poses a significant risk to consumers. Unregulated solar providers frequently...

Business Tech Africa – Winter Solar Tips Article

Did you know cooler temperatures are actually better for solar efficiency!? BUT… If you live in Cape Town, you are likely to use tumble dryers more because of high winter rainfall, and regardless of location our geysers work harder to maintain their heat because the...

The Internet of Things making your solar choices smarter!

To fully embrace solar technology, it is simply not enough to install a solar system and stop there. As our lives evolve, to adequately adjust living to successfully exist within an always-on environment, solar installations are just the first step, albeit a critical...

Load Shedding is looming – but sunnier days are ahead!

As winter approaches, we once again face the threat of load shedding. Following a two-month break from rolling blackouts, the underlying issues remain unresolved. Increased demand during the chilly winter months will once again challenge Eskom’s limited generation...

As South Africans Hold Their Breath for Loadshedding, Versofy Steps Up

We’ve all heard the rumblings… Whether they call it load shedding or now the latest term “load reduction” - our quest is to make sure more South Africans are ready with affordable monthly solar on subscription from just R1 499 per month, before power...