Terms & Conditions

Terms and Conditions

These Terms and Conditions govern the provision of services by PropErgy Management (Pty) Ltd (Registration Number: 2022/386637/07) (“PropErgy Management”, “we”, “us”, “our”) to its clients (“Client”, “you”, “your”).

By engaging our services, accessing our platforms, or entering into any agreement with us, you agree to be bound by these Terms and Conditions.

1. Scope of Services

1.1 PropErgy Management provides property, facilities, building management, financial support, and related professional services as agreed in writing with the Client.

1.2 Services may include, but are not limited to:

• Property and building management
• Facilities and maintenance coordination
• Financial and budget support
• Compliance and governance support
• Contractor and service provider management
• Reporting and advisory services

1.3 The specific scope, deliverables, and fees shall be set out in the applicable service agreement, proposal, or mandate.

2. Appointment and Authority

2.1 The Client appoints PropErgy Management as an independent contractor and not as an employee, partner, or agent, unless expressly agreed in writing.

2.2 Where authorised, PropErgy Management may act on the Client’s behalf in operational and administrative matters within the agreed scope.

2.3 The Client warrants that it has the legal authority to enter into this agreement and to provide instructions relating to the property or portfolio concerned.

3. Client Obligations

3.1 The Client agrees to:

• Provide accurate, complete, and timely information
• Cooperate reasonably with service delivery
• Grant necessary access to properties and systems
• Approve decisions and documentation timeously
• Comply with applicable laws and regulations

3.2 PropErgy Management shall not be liable for delays or failures caused by incomplete, inaccurate, or late information supplied by the Client.

4. Fees and Payment

4.1 Fees shall be charged in accordance with the agreed proposal, quotation, or contract.

4.2 Unless otherwise agreed:

• Invoices are payable within thirty (30) days
• Payments must be made without deduction or set-off
• Late payments may attract interest and recovery costs

4.3 PropErgy Management reserves the right to suspend services for overdue accounts after reasonable notice.

5. Financial Support and Advisory Services

5.1 Any budget reviews, financial analysis, maintenance planning, or audit support services are provided in good faith based on available information.

5.2 PropErgy Management does not provide statutory auditing, accounting, or financial advisory services unless explicitly contracted.

5.3 The Client remains solely responsible for financial decisions, approvals, and statutory compliance.

6. Third-Party Service Providers

6.1 PropErgy Management may appoint, coordinate, and manage contractors or service providers on behalf of the Client.

6.2 While reasonable care is exercised in selection and oversight, we are not responsible for the performance, acts, or omissions of third parties.

6.3 All third-party costs are for the Client’s account unless otherwise agreed.

7. Limitation of Liability

7.1 To the fullest extent permitted by law, PropErgy Management shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profit, business interruption, or reputational harm.

7.2 Our total liability arising from any claim shall not exceed the fees paid by the Client for the relevant services in the preceding twelve (12) months.

7.3 Nothing in these Terms excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot lawfully be excluded

8.1 The Client indemnifies and holds harmless PropErgy Management, its directors, employees, and agents against any loss, claim, liability, or expense arising from:

• Breach of these Terms
• Incorrect instructions or information
• Unlawful use of services
• Third-party claims resulting from the Client’s actions

8.2 This indemnity survives termination of the agreement.

 

9. Confidentiality and Data Protection

9.1 Both parties agree to maintain confidentiality regarding all non-public, proprietary, or sensitive information.

9.2 Personal and business data shall be handled in accordance with applicable privacy legislation and internal governance policies.

9.3 Information may be disclosed where required by law or regulatory authority.

10. Intellectual Property

10.1 All reports, systems, templates, methodologies, and documentation developed by PropErgy Management remain our intellectual property unless otherwise agreed.

10.2 The Client may use such materials solely for internal operational purposes.

10.3 No reproduction, distribution, or commercial use is permitted without written consent.

11. Term and Termination

11.1 The agreement shall remain in force for the agreed term or until terminated in accordance with this clause.

11.2 Either party may terminate on written notice in accordance with the service agreement.

11.3 Immediate termination may occur in the event of:

• Material breach
• Insolvency
• Unlawful conduct
• Non-payment

11.4 On termination, all outstanding fees become immediately due and payable.

12. Force Majeure

12.1 Neither party shall be liable for failure to perform due to events beyond reasonable control, including natural disasters, strikes, system failures, or government actions.

13.Governing Law and Jurisdiction

13.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.

13.2 The parties consent to the jurisdiction of South African courts.

14. Amendments

14.1 PropErgy Management reserves the right to update these Terms from time to time.

14.2 Updated Terms will apply from the date of publication or written notification

15. Entire Agreement

15.1 These Terms, together with any service agreement or proposal, constitute the entire agreement between the parties.

15.2 No variation shall be valid unless reduced to writing and signed by both parties.

16. Contact Information

All notices, enquiries, and correspondence must be directed to:

PropErgy Management (Pty) Ltd
Registration Number: 2022/386637/07
Email: info@propergymanagement.co.za