Terms of Service & Property SaaS Agreement
Comprehensive master agreement, Rental Housing Act compliance, Property Practitioners Act (PPA) trust disclosures, and STSMA Sectional Title disclaimers for PropManage SA.
1. Parties & Real Estate Scope
This Master Property SaaS Agreement ("Agreement") constitutes a legally binding contract between:
- TVB Network (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa with Registration Number 2022/697770/07, having its principal business address in Johannesburg, Gauteng ("TVB Network", "Licensor", "we", "us", or "our"); and
- The commercial leasing agency, residential landlord, property managing agency, Body Corporate, or Sectional Title scheme utilizing the platform ("Customer", "Agency", or "Subscriber").
By establishing a property tenant portfolio, Agency warrants that it and its designated property practitioners hold active Fidelity Fund Certificates (FFC) issued by the Property Practitioners Regulatory Authority (PPRA) where legally required under Act 22 of 2019.
2. Property Practitioners Act (PPA) & Trust Account Compliance
2.1. Trust Account Autonomy: PropManage SA provides automated reconciliation ledgers for rental deposits, rent collections, and net owner distributions. TVB Network is NOT a bank and does NOT hold trust moneys. The Agency remains solely responsible for operating statutory trust accounts pursuant to Section 54 of the Property Practitioners Act (Act 22 of 2019).
2.2. Paystack Rent Settlements: Rental payments processed through Paystack or integrated payment rails clear directly to Agency's designated merchant settlement accounts. TVB Network accepts zero liability for bank transmission delays or clearing halts.
3. STSMA Sectional Title Calculations & CSOS Compliance
3.1. Participation Quotas (PQ %): Levy apportionment and voting calculations are mathematical computations derived from user-entered sectional plan square meters. The Body Corporate trustees must verify that registered PQs match the official Sectional Plan filed at the Deeds Registry.
3.2. 10-Year Reserve Fund Estimations: Automated reserve fund projections under STSMA Management Rule 24 assist trustees in long-term maintenance planning. Trustees must obtain independent professional engineering and quantity surveying inspections for formal budget adoption.
4. Strict Prohibition on Illegal Evictions & Lockouts
4.1. No Self-Help Measures: Customer explicitly agrees that PropManage SA shall never be utilized to direct or coordinate unlawful tenant spoliation, illegal lockouts, or unauthorized disconnection of municipal electricity or water services.
4.2. Tribunal & Court Orders: All lease cancellations and eviction proceedings must strictly adhere to the Rental Housing Tribunal dispute procedures or court summons served by the Sheriff of the Court under the PIE Act.
5. 18-Database Operational Sharding & Liability Cap
5.1. Two-Tier Database Infrastructure: PropManage SA segregates client accounts in PROPMANAGE_DB_CLIENTS and provisions dedicated operational tables (biz_<clientId>) across eighteen (18) operational functional databases (Properties, Owners, Units, Tenants, Leases, Payments, Maintenance, Inspections, etc.) ensuring strict multi-tenant isolation.
5.2. Limitation of Liability: TVB Network shall not be liable for lease dispute losses, unpaid tenant arrears, or utility meter hardware inaccuracies. Cumulative liability is strictly capped at three (3) months subscription fees paid by Customer.
6. Governing Law & Jurisdiction
This Agreement is governed by the laws of the Republic of South Africa. Any dispute shall be submitted to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division (Johannesburg).
TVB Network (Pty) Ltd · Sandton, Johannesburg, South Africa
Email: legal@tvbnet.co.za · Support: support@propmanage.co.za