Legal

MASTER SERVICES AGREEMENT

AND TERMS & CONDITIONS

CURATOR PROPERTY PRESENTATION CO.

Effective Date: [Insert Date]

Governing Law: Republic of South Africa

1. PARTIES

This Master Services Agreement (“Agreement”) is entered into between: Curator Property Presentation Co., a company duly incorporated in the Republic of South Africa (“Curator”, “Company”, “we”, “us”), and The client, property owner, real estate agent, user, or contracting entity engaging Curator’s services (“Client”, “Agent”, or “User”).

By booking, registering, paying for, or using any service provided by Curator, the Client agrees to be legally bound by this Agreement.

2. SCOPE OF SERVICES

2.1. Curator provides property presentation and preparation services, including but not limited to:

Residential, office, commercial, and vacant land presentation services

Property preparation for sale and viewing readiness

Inspection-based service planning

Recurring presentation servicing for active listings

Digital booking and scheduling services

Emergency (SOS) service functionality

2.2. Services are rendered strictly in accordance with the confirmed scope of work and booking details.

2.3. Any services not expressly included in the agreed scope shall constitute additional services and may incur additional charges.

3. BOOKINGS, CONFIRMATION AND DELIVERY

3.1. A booking is only confirmed once: Scope is agreed; Pricing is confirmed; Availability is verified; Payment terms are accepted.

3.2. Curator reserves the right to adjust scheduling due to: Weather conditions; Property access restrictions; Operational limitations; Safety concerns; Force majeure events.

3.3. Curator shall not be liable for delays caused by circumstances beyond reasonable control.

4. PAYMENT TERMS

4.1 Pricing Structure

4.1.1. Pricing may be structured as:

Monthly contract billing;

Once-off service payment;

Quoted inspection-based services;

Add-on service billing.

4.1.2. All amounts are quoted in South African Rand (ZAR) unless otherwise stated.

4.2 Payment Due Date

4.2.1. Once-off services must be paid in full prior to service delivery unless otherwise agreed.

4.2.2. Contract clients shall be billed monthly in accordance with agreed billing cycles.

4.2.3. Where recurring mandates are in place, Clients authorise Curator to debit approved amounts on the agreed billing date.

4.3 Late Payment and Default (Enhanced Enforcement Clause)

4.3.1. Failure to make payment by the due date constitutes material breach.

4.3.2. Curator reserves the right to:

Suspend services immediately;

Cancel bookings;

Revoke contract privileges;

Disable app functionality;

Withhold future scheduling;

Recover costs of collection;

Report non-payment to credit bureaus where legally permissible.

4.3.3. Interest shall accrue on overdue amounts at the maximum rate permitted under the National Credit Act or Prescribed Rate of Interest Act, calculated from due date until date of payment.

4.3.4. The Client shall be liable for all legal costs incurred in recovery, including attorney-and-client costs and collection commission.

4.3.5. In the event of repeated payment default, Curator may terminate the contract without prejudice to any accrued rights.

5. CLIENT RESPONSIBILITIES

5.1. The Client warrants that:

Property access will be provided safely;

The premises are structurally sound;

Hazardous materials are disclosed;

Animals are secured;

Utilities are functional.

5.2. Curator may refuse service where conditions pose safety risks.

6. SERVICE OUTCOMES AND LIMITATIONS

6.1. Services are delivered with reasonable care and skill.

6.2. Results may vary depending on:

Pre-existing conditions;

Structural deterioration;

Environmental exposure;

Material wear.

6.3. Curator does not guarantee restoration of permanent damage, stains, or deterioration beyond reasonable remediation.

7. LIMITATION OF LIABILITY

7.1. To the fullest extent permitted by law:

Liability shall be limited to the total fees paid for the specific service.

Curator shall not be liable for indirect, consequential, or special damages.

Pre-existing damage is excluded.

7.2. Nothing in this Agreement excludes liability where unlawful under South African law.

8. REAL ESTATE AGENT-SPECIFIC CLAUSE

8.1. Curator operates partially on a referral-based model.

8.2. Where services are linked to real estate agents:

Clients may be required to provide verified agent codes.

Property accounts may be linked to agent portfolios.

Service coordination may occur between Curator and the Agent.

8.3. Agents act as independent parties and are not employees or partners of Curator.

8.4. Curator reserves discretion to approve or decline agent partnerships.

8.5. Agents shall not misrepresent Curator’s services or pricing.

9. INTELLECTUAL PROPERTY

9.1. All intellectual property including:

Logos

Branding

Website content

App interface

Marketing material

Photography

Software

remains the exclusive property of Curator.

9.2. No reproduction, copying, or commercial use is permitted without written consent.

10. CONFIDENTIALITY

10.1. Parties shall treat all proprietary and operational information as confidential.

10.2. Confidential information shall not be disclosed except as required by law.

11. DATA PROTECTION

11.1. Personal information shall be processed in accordance with POPIA.

11.2. Full Privacy Policy is incorporated by reference into this Agreement.

12. TERMINATION

12.1. Either party may terminate for material breach upon written notice.

12.2. Curator may terminate immediately for:

Non-payment;

Fraudulent conduct;

Misrepresentation;

Safety violations.

12.3. Termination does not waive accrued rights or outstanding payments.

13. FORCE MAJEURE

Curator shall not be liable for failure or delay caused by:

Natural disasters;

Government restrictions;

Strikes;

Load shedding;

System outages;

Civil unrest.

14. DISPUTE RESOLUTION

14.1 Internal Resolution

Parties shall first attempt to resolve disputes in good faith through written notice and negotiation within 14 business days.

14.2 Mediation

If unresolved, disputes may be referred to mediation administered in South Africa by a mutually agreed mediator.

14.3 Jurisdiction and Governing Law

14.3.1. This Agreement shall be governed by the laws of the Republic of South Africa.

14.3.2. The Parties consent to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division) or the Magistrate’s Court having jurisdiction, at Curator’s election.

14.3.3. Curator reserves the right to institute proceedings in any court of competent jurisdiction for debt recovery.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes prior understandings.

16. SEVERABILITY

If any provision is found unenforceable, the remainder shall remain in effect.

17. AMENDMENTS

Curator reserves the right to amend these Terms & Conditions. Updated versions will be published on the website or app.

18. ACCEPTANCE

By using Curator’s services, the Client confirms that they:

Have read this Agreement;

Understand its terms;

Agree to be legally bound by it.