Property Mentor Terms of Service
1. Important Notices
This Agreement contains the Terms and Conditions on which Property Mentor (Legal name Ninkovic Holdings (Pty) Ltd trading as Property Mentor) provides mentoring services and online education subscriptions and services.
2.1. In this Agreement certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below–
2.1.1 Agreement: This contract/agreement for the Services as set out on the first page of this Service Agreement;
2.1.2. Services: the services/products that We are providing to you as set out in the Agreement;
2.1.3. Terms: the terms and conditions set out in this document;
2.1.4 “Initial Period” shall mean a period of 12 (twelve) months or such longer period as expressly agreed to by you;
2.1.4. Start/ Commencement date: shall mean the date that the Agreement was entered into by You the 1st Client or 2nd Client.
2.1.5. Session/s: shall mean the gathering of the Client/s as set forth in this Agreement and a representative of Property Mentor, in person
or otherwise. A session shall be a minimum duration of 90minutes unless otherwise agreed to by both parties.
2.16 Cancellation Charge: Cancelling the Agreement during the Initial period will be subject to a reasonable premature Cancellation Charge.
For the purposes of this clause a reasonable premature Cancellation Charge shall mean 75% of the balance of your Service
2.1.9 You/1st Client/2nd Client: shall mean the natural person or persons entering into this Agreement with Property mentor.
2.1.4 We/Our/Us: Ninkovic Holdings (Pty) Ltd trading as Property mentor registered in South Africa with the number CIPC reg number:
2018 / 470566 / 07, whose registered office is at Address: 92 Jack Nicklaus Street, Pecanwood Estate, Hartbeespoort, 2016, South Africa. 2.2 When considering this Agreement, please note that –
2.2.1. words indicating any one gender shall include the others and the singular shall include the plural;
2.2.2. “days” shall mean calendar days unless qualified by the word “business”, in which instance a “business day” shall mean any day other than
a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; and
2.2.3. unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day
or, where the last day falls on a day that is not a business day, the next succeeding business day.
3.1. This Agreement will start on the Starting Date and, subject to the terms and conditions of this Agreement shall continue for the Initial Period.
After the Initial Period this Agreement will automatically continue on a month to month basis subject to any changes which we have notified you of
unless you or Property mentor terminate it on at least 20 (twenty) business days written notice.
3.2. Despite clause 3.1, either party may terminate this Agreement during the Initial Period or a Renewal Period by providing at least 20 (twenty)
business days’ notice to the other party in writing. If you do choose to terminate this Agreement during the Initial Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Property Mentor, and you will have to pay all outstanding amounts in respect of the Services. A reasonable premature Cancellation Charge for the purposes of this clause shall mean 75% of the balance of your Service Agreement/contract. The balance of your Service Agreement/contract is the remaining sessions of the Initial 12 sessions as stipulated on the first page. Any amounts outstanding to Property Mentor will also be added to the cancellation cost.
4. Charges payable by you and your payment obligations
4.1 If you pay by monthly direct debit order: Your membership will commence on the Start Date and will continue for a fixed period of 12 months,
from the last business day of each month following your Start Date. Towards the end of your Initial Period or 12 months we will contact you in writing to let you know that your membership is coming to end and to let you know of any material changes to your Contract, including any increases to your Service Agreement mentoring /subscription fees. Unless you tell us that you do not wish to continue as a client at the end of your Commitment Period, your membership will automatically continue on a month-to-month basis
4.1.1 You acknowledge and agree that –
If your banking details have not been provided accurately, or if your details change at any time in the future and you fail to notify
Property Mentor of such changes, or if payments are not made in accordance with the Debit Order Instruction, the responsibility for payment will rest with you.
4.1.2. If there are insufficient funds in your account to meet the obligations, Property Mentor is entitled to track your account and re-present the instruction for payment as soon as sufficient funds are available in your account.
4.1.3. You agree to pay any bank and other charges relating to this Debit Order Instruction. All payment instructions issued by Property Mentor shall be treated by your bank as if the instructions have been issued by you personally.
4.1.4 The agreed to Debit order Instruction cannot be assigned to any third party, unless your credit agreement is ceded or assigned to a third party, in which event you acknowledge that this Authority may then be ceded or assigned to that third party.
4.2 Quarterly payments will commence on the start date and the next payment will be due exactly 3 months from that date. 4 Payments is due within 12 months of the Start date. It can be settled earlier however if the agreement is not honoured Property Mentor reserve the right to enforce the Cancellation Charge as set forth in 3.2.
4.3. Monthly EFT payments will be held to the same conditions for Debit order payments as set out in this Agreement. At least a minimum of1 (one) payment is due in a calendar month although multiple sessions can be agreed to if payment precede the arranged Session.
5. Access to digital materials
All content provided by us has been made available to you via an online platform, we are not responsible for failure access content due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to, Insufficient tools to access the website, insufficient internet access to stream the content, the client’s in ability to use the platform.
6. Additional disclosures
You hereby acknowledge that you are purchasing training and/or materials only. You are not purchasing a franchise, security, dealership, business, business opportunity, affiliation, association, or seller-assisted marketing plan. No additional support, training, or act on our part is expressly promised or implied, except as appears in the Agreement. You acknowledge and agree that no representations or statements of actual, average, projected or forecasted sales, profits or earnings have been made with respect to the training contemplated by the agreement, that the techniques and methods taught involve risks that may evolve and change over time and that your success is largely dependent upon your business abilities and efforts. You further understand and agree that we are not engaged in rendering legal, vat, financial, accounting, or other professional opinions or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
You agree to hold us and our representatives harmless from any and all liabilities, demands, claims, actions or suits that may be asserted against you by third parties by reason of your use of any information presented in our sessions.
7. Limitation of our liability to you
All implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement are hereby disclaimed. We shall not be liable for any incidental or consequential damages. Our liability under the agreement is limited to the price paid by you for the products or services that are the subject of a dispute or controversy. In no event shall we be liable for any loss of profits or any other commercial damage, including but not limited to special, indirect, exemplary, incidental, consequential, punitive or other damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This limited paragraph gives you specific legal rights and you may have other rights which vary from jurisdiction to jurisdiction. The terms “company,” “we,” “us,” “our,” or “ours” as used only in this paragraph shall include our parent entity, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensees, successors and assigns.
Severability. If any provision in the Agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. The Agreement supersedes any and all other agreements, either oral or in writing between you and us with respect to your purchase of products and services noted in the Agreement and contain all of the covenants and agreements which pertain to such purchase. You hereby acknowledge that no representations, inducements, promises, or agreements, orally or otherwise, have been made by us, or anyone acting on behalf of us, which are not embodied herein, and that no other agreement, statement, or promise not contained in the Agreement shall be valid or binding on us, except for any other written agreement dated concurrent with or after the Agreement which supersede the terms herein. INQUIRY PROCEDURES Only the person signing this Agreement may contact us with questions regarding the Agreement, including but not limited to billing inquiries, rights of cancellations, questions about study materials, Reference Library, status of shipment, scheduling, or any other grievances you may have. Please direct your inquiries: Property Mentor 0825546222.