SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD :  MEMBERSHIP TERMS AND CONDITIONS.

  1. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD is a subscription company that assists its members with disputes regarding tenant / landlord leases within certain parameters. Terms and conditions apply.
  2. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD is not a legal insurance company and subscription does not have the same meaning as an insurance policy and is never intended to be that.
  3. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD is not an attorney firm. Although SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD may employ admitted Attorneys / admitted Advocates.
  4. Membership is available only to South African citizens or business entities registered in South Africa.
  5. Membership is restricted to civil matters regarding disputes that fall within the parameters reflected in these terms and conditions.
  6. Membership can be registered as a private individual or as a juristic person / business entity.
  7. Subscription payments is strictly 12-month subscription.
  8. Effective date means the date that payment is received by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD.
  9. As per our terms a single subscription is linked to one property / premises.
  10. Subscription premium payable is a commercial subscription.
  11. Subscription is payable in advance.
  12. One member can register / capture more than one property.
  13. Subscription premiums are calculated and linked to a specific number of properties.
  14. One property can be substituted for one other property during the subscription period upon written application by the member. Term and conditions apply.

Explanation: 14.1 If you have subscribed for instance for a specific property that you are renting at the moment as a tenant and you move to a new commercial premises that you are renting, you can replace the previous registered property/shop with your new property by removing the current property and adding your new property. Substitution are not allowed within the last 3 months of the subscription.   

  1. Membership means:

15.1 An individual person or a juristic / business entity that is registered as a member, enrolled for a subscription and has registered the number of commercial premises or properties.

15.2 Any property specified within any subscription must be within the borders of the Republic of South Africa. No property that is not within the borders of South Africa will be deemed as an allowable property under subscription even if so captured by a member.

  1. A subscription premium is the annual Subscription linked to a specific Registered Premises. (Registered premises refer to registration on the SACTI database)
  2. A dispute must rise from relevant facts / legal principles applicable to the law of lease of the Republic of South Africa.
  3. Relevant facts refer to the omission, neglect, breach, infringement that gives rise to a dispute of law or fact under a specific lease agreement applicable to a property that is under active subscription.
  4. The alternative dispute resolution/litigation (appropriate action) process execution to be followed is at the sole discretion of SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD (Pty) Ltd.

19.1 SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD reserves the exclusive right to follow a process considering the relevant facts that are deemed fit to resolve the dispute.

19.2 Explanation:

SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD may follow various processes and different methods to resolve a dispute based on SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD’s interpretation of the seriousness, complexity and urgency of the relevant facts. Many of the answers to questions that registered members may have, they will find on the SACTI website. In cases where a formal dispute is lodged with SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD, SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD will first follow an electronic correspondence process. 

  1. Any settlement / agreement reached during an alternative dispute resolution/negotiation process can be overruled by a court of law.
  2. A member will be able to submit an electronic/correspondence dispute resolution process from the date that the first subscription premium for a specific property has been received.
  3. A civil matter / dispute that is already in existence before membership commenced may be lodged by a new member, but it is at the absolute sole discretion of SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD after considering all the relevant facts whether such an existing matter / dispute will be accepted or declined. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD reserves the right not provide any reasons for the decline.
  4. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD does not enter into a formal litigation process on behalf of a client.
  5. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD is not a legal insurance company and therefore does not cover / pay out / refund any legal expenses.
  6. If a registered mediator is assigned by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD to a specific dispute, the mediation sessions of which one session is for a duration of 60 minutes, will be restricted to 3 (three) mediation sessions per dispute. If the dispute has not been resolved during these allotted sessions, the parties / members will have the option to continue at a discounted rate.
  7. Enquiries or disputes or services to be rendered lodged through the formal process as required by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD policy will only be attended to if:

26.1 Relevant facts occurred / occur that fall within the parameters as set out in SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD terms and conditions.

26.2 Subscription premiums have been paid as per requirement.

  1. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD benefits do not extend to a personal nature which you will typically find in the private / personal law. For example: divorces, arrests, criminal negligence etc. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD only deals with disputes that arise from a specific lease agreement between a landlord and a tenant regarding a specific property that is subscribed with SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD that can be resolved through an alternative dispute resolution / mediation/negotiation and which is not of a criminal nature.
  2. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD will only intervene / become involved at its sole discretion as a negotiator / mediator on behalf of a member with specific regards to an eviction but will not get involved in the legal process.Once a legal process start it will be referred to one of our pannel attorneys.

28.1 Explanation:

If a landlord wants to evict a tenant, SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD will engage at its own discretion in terms of the level of engagement with such a Landlord to seek a possible alternative solution. Once formal legal action is brought SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD’s involvement cease.

  1. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD may refer a member at the member’s request, should a dispute not be resolved through SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD processes, to an attorney that may be on the panel of attorneys. This may come at a discounted rate and all costs are for the member’s account and the relationship is one which is between the attorney and a client and totally divorced / separated from the SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD membership.
  2. Subscription premiums paid is not refundable. If a member wishes to dispute / lodge a refund request this must be put in writing to membership@sacti.co.za. Such a request will then be considered by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD management based on its merits.
  3. Membership can be cancelled by a member in writing with calendar month 30-day notice.
  4. Membership can be cancelled by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD at any time during the subscription. If a membership is cancelled by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD for whatever reason the member will be refunded proportionately after deduction of any incidental costs to SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD provided all premiums were paid.
  5. The SUBSCRIBER acknowledges and agrees that in entering into this Agreement / terms and conditions it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD Pty (Ltd) and / or its DIRECTORS / SHAREHOLDERS relating to the subject matter of this Agreement.
  6. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD and the Directors / Shareholders or any of its employees or representatives or subsidiaries shall have no liability to the SUBSCRIBER under this Agreement if it is prevented from performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (involving the workforce of SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD or any other party), failure of a utility service or transport or telecommunication network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of software or internet website, application or content, fire, flood, storm or default of sub-contractors.
  7. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD and its Directors / Shareholder’ total aggregate liability for negligence or breach of statutory duty, in contract, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount of the subscription membership fee in the event of a successful claim.
  8. Each party may be given access to Confidential Information from the other party. A party’s Confidential Information shall not be deemed to include information that:

36.1 Is or becomes publicly known other than through any act or omission of the receiving party.

36.2 Was in the other party’s lawful possession before the disclosure.

36.3 Is lawfully disclosed to the receiving party by a third party without restriction on disclosure.

36.4 Is independently developed by the receiving party, which independent development can be shown by written evidence; or 

36.5 Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

36.6 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third

party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.

36.7 Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

36.8 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

 36.9 This clause 37 shall survive termination of this Agreement, however arising.

INDULGENCES:

  1. No indulgence granted by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD shall constitute a waiver of any of SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD rights under this Agreement / terms and conditions; accordingly, SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the member which may have risen in the past or which may arise in the future.
  2. These terms and conditions / content of Agreement can be amended by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD at its sole discretion. Such amendments will be communicated to all members if deemed necessary.
  3. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
  4. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD.
  5. If the parties are unable to resolve any dispute (including non-contractual disputes or claims) which may arise relating to this Agreement or its subject matter, then prior to launching any formal court proceedings (save in the case of urgency), the parties shall:

41.1 Seek the aid of a suitable person having regard to the nature of the dispute as agreed upon between them within 14 (fourteen) days after the failure to resolve such dispute, who shall deal with the matter in the manner set out hereafter, or failing such Agreement:

41.2 A suitable person as appointed by the auditors of the COMPANY and this person shall act as mediator to resolve the dispute between the parties with authority to become actively involved in the proceedings and to make recommendations.  The mediator shall determine the procedure to be followed, which shall be informal and speedy, having regard at all times to the best interests of both parties, and the parties shall make themselves available and co-operate with the mediator.  The costs of the mediator shall be borne by the parties in equal shares, unless the mediator determines otherwise.  The mediator shall be entitled and be obliged to make recommendations relating to the dispute including costs, it being understood that the decision of the mediator shall be binding on the parties.

  1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of South Africa.
  2. The parties irrevocably agree that the Gauteng High Court in Johannesburg will have jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
  3. This Agreement shall commence on the Effective Date and shall continue for the period as stipulated per subscription, unless otherwise terminated in accordance with the provisions of this Agreement.
  4. The Consumer Protection Act will only apply to subscriptions that may fall within the parameters of the CPA. If any provision is in contravention with such a CPA act, the act will apply.
  5. When a user/client uses the electronic payment gateway system on the www.sacti.co.za website, SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD accepts that the user/client are providing the true and correct information required by the fields of the payment gateway to conclude a successful payment. The user/client hereby acknowledges that a third-party electronic payment gateway system is used that is not controlled by SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD or any of its directors, shareholders and SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD or any of its directors, shareholders does not take any responsibility or liability with regards to any losses whether negligent or fraudulent that may occur through use of the third-party payment gateway system.
  6. Information provided is for general information and guidance is not intended as legal advice. Every situation depends on its own facts and circumstances. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD assumes no responsibility with regard to any inaccuracies, errors or omissions. Whilst SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD takes reasonable care to ensure that the information on the site is correct and up to date, users of the site should not assume that this will invariably be the case. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD does not give any warranties as to the accuracy, timeliness, validity and safety of any information appearing on the site.
  7.  The South African commercial tenants Institute (PTY) Ltd make use of a affiliation program. We pay a signing fee to our affiliates in the event of a successful subscription reffered by such an affiliate. It is important to note that affiliate’s have no permanent connection or relationship with the South African commercial tenants Institute (Pty) Ltd. They do not to represent us as employees nor can they speak on our behalf or give any guidance on our behalf. Whether you have subscribe through an affiliate or not the South African commercial tenants Institute or any of its employees or directors are hereby indemnified against any damage, wrong information or misrepresentation presented by such an affiliate.
  8. SOUTH AFRICAN COMMERCIAL TENANTS INSTITUTE (PTY) LTD, Aspen Lakes Drive, Johannesburg, Gauteng,2091, info@sacti.co.za