Terms and conditions

Flexistore

These terms have been entered into between you as a tenant (“Tenant”) and Flexistore as a landlord and service provider (“Flexistore”).

1.      Rental of storage space

Renting a space at Flexistore gives the Tenant access to a storage space in Flexistore’s or Flexistore’s subcontractor’s premises (the “Rental Unit”).

The Tenant gets access to Flexistore’s premises, including areas outside the Rental Unit (“Common Areas”) and then to the Rental Unit using the Flexistore’s app. Access to the Rental Unit is restricted by the app and to the Tenant’s own code, so that others do not gain unauthorised access to the Tenants’ Rental Unit.

The total price for the services offered by Flexistore, including fees, is described on the website or app when a Rental Unit is booked.

2.     Right to withdraw

The tenant has the right of withdrawal for 14 days from the day the agreement was entered into, in accordance with the Act on the Duty to Provide Information and the right of withdrawal for distance selling and sale outside permanent business premises (Right of Withdrawal Act) of 20 June 2014 No. 27.

The properties of Flexistore and of Flexistore’s website and app.

The provider of the services is Flexistore, with the following contact information:

Flexistore South Africa (Pty) Ltd.

Claremont, Cape Town

E-mail: support@flexistore.co.za

Company Reg No: 2005/019321/07

VAT Reg No: 4070223567

The standard form for using the right of withdrawal (withdrawal form), as well as the terms, deadlines and procedures for using the right of withdrawal follow from the form sent in the email provided when ordering the services.

If the Tenant uses the right of withdrawal after the services have started, the tenant must pay for services that have been incurred and other reasonable costs.

If the item has a defect and this is not due to the buyer or conditions on the buyer’s side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and delivery, demand price reduction, demand termination of the agreement and/ the seller. Complaints to the seller should be made in writing.

3.     Communication

All communication between the Tenant and Flexistore will take place either through the Flexistore app, by email, chat or telephone.

The Tenant is responsible for ensuring that Flexistore has up-to-date contact information at all times and takes responsibility for Flexistores ability to make contact. This responsibility extends to having Flexistore’s app installed on your mobile phone, and checking if for messages received in the app. The Tenant is obliged to have the latest version of the app installed on their phone for security and availability reasons.

4.    Rental period – Termination

The Rental Unit is rented on full monthly terms with a minimum rental termination notice period of one (1) month, so that the rental period runs from the date of the month on which the contract is initiated in terms of the first rental payment, to the same date in the month the Rental Unit is vacated.

If, for example, if it is rented from 15 January, and the notice to terminate the agreement is given on 3 September, the agreement will expire on 15 October.

The agreement is automatically renewed for one new month unless the Tenant or Flexistore has terminated the Agreement within 14 days before renewal.

Termination must be done either by using the termination function in the app, or by sending a written message by email to support@flexistore.app or via the chat function in the app.

Flexistore has the right to terminate the contract by giving written notice to the Tenant either through the app or by email.

If the Tenant chooses to move out before the agreement period ends, no refund or reduction of the rental amount will be given.

Refer also to Clause 8 (Rental Unit) section 12 below.

5.     Rent and Payment

The tenant must pay the rent in advance, whether it is chosen to pay monthly or annually. Payment is made automatically by deducting the rental amount on the same day of the month (or annually if annual payment is selected) as the agreement was entered into through the payment method selected in the Flexistore app.

Payment is not considered made until the amount has been received into Flexistore’s account or deductions have been made on debit or credit card depending on which payment method is chosen when entering into the agreement.

Delivery of the Rental Unit has taken place when the tenant, or his representative, has gained access to the Rental Unit.

In the event of late payment, default interest is paid in accordance with Act no. 100 of 17 December 1976 or Act replacing it. Flexistore has the right to demand a fee for payment reminders and debt collection.

In the event of late payment, Flexistore reserves the right to suspend the Lessee’s access to the Rental Unit until the outstanding amount due has been paid in full.

Flexistore reserves the right to automatically adjust rental prices every six months.  One month’s notice will be given before changes in rental prices.

Flexistore reserves the right to perform a credit check on the Lessee.

The prices are stated including VAT. 

7.     Subletting and transfer

Subletting and transfer are not permitted without Flexistore’s prior written consent.

8.     The Rental Unit

1.      Opening hours

The tenant has access to the Rental Unit during opening hours (which appears on the website and / or app for the individual premises). If the Tenant’s access to the Rental Unit is restricted or prevented, for example in the event of downtime, power failure, leakage, code or door not working or otherwise, Flexistore cannot be held liable to the Tenant unless this is due to intent or gross negligence on the part of Flexistore.

Flexistore is not obliged to offer an agreement on extended opening hours, and access to the Rental Unit outside opening hours must be specifically agreed with Flexistore (for a special fee). Flexistore reserves the right to keep the Rental Unit closed if necessary.

2.     Use of the Rental Unit, Common Areas, etc.

The Tenant is not allowed to reside in the Rental Unit, Common Areas or other parts of the building or property where Flexistore has a presence.  Access to the Flexistore facilities is allowed only during the advertised opening hours specified for the Rental Unit on websites and in the app.

●       The Tenant is aware that the access doors and gates cannot be opened after closing time, and that the Tenant must therefore be out of the premises before the specified closing time.

●       The site alarm system sets itself automatically at closing time.

●       There will always be an emergency call from the security company in the event of an alarm being triggered.

●       The cost of the callout by the security company is charged to the Tenant (costs of the callout are included on the website and app).

The Tenant must only use the Rental Unit as a storage facility, and treat this area, the Common Area and other parts of the area in general with due care. The Rental Unit and common areas must not be used in a way that impairs the property’s reputation or appearance or in a way that creates dust, noise, odor or that otherwise bothers other Tenants or neighbors.

Expenses for repairs and any compensation in connection with these matters are the Tenant’s responsibility.

●       All machines must be emptied of oil and / or petrol before storage. Refrigerators, freezers or other items that contain liquid or that can cause damage to the contents of other tenants units or property must not be stored without them being drained of liquid and properly packed.

●       Objects that are a criminal offense to be in possession of, or that originate from criminal offenses may not be stored.

●       No types of food or foul-smelling goods may be stored.

●       Flammable materials, liquids or gases, explosives, or anything else that may cause damage or cause danger or inconvenience to Flexistore, Flexistore’s suppliers, owner of the premises or other Flexistore’s customers, may not be stored.

●       The tenant may not use the Common Areas for his own purposes (for example for sale, storage, notices and the like).

Any movable property not removed from the Rental unit on the termination of the lease period will be regarded as abandoned property (i.e. that the Tenant has given this up and does not wish to keep it), and will be removed (donated / thrown away / sold) immediately at the Tenant’s expense unless the movable property is clearly marked with name and telephone number.

If the movable property is marked with name and telephone number, the Tenant will be contacted and notified that the movable will be removed at the Tenant’s expense if the movable property is not moved by the Tenant within a short time limit set by Flexistore.

In all cases, the Tenant will be charged an administration fee.

●       All smoking and use of drugs is strictly prohibited within the flexistore facility, the building in which the facility is found or on the broader property.

●       Intoxicated persons, or persons who create unrest, act threateningly towards Flexistor’s personnel, other Tenants or others, or cause damage will be expelled.

●       No animals are permitted inside the Flexistore facility..

●       Expenses for repairs and any compensation in connection with these matters are the Tenant’s responsibility.

3.     Flexistor’s access to the rental object

Flexistore can request access to the Rental Unit every day, for inspection, repair, maintenance, assessment, change work, etc. The tenant will then be notified with a reasonable deadline. In all cases where it is considered necessary to prevent or limit damage to the property, Flexistore has the right to gain access to the Rental Unit without such notice. Flexistore is not obligated to exercise this right. Flexistore can move customers when needed, internally in the building or to another of Flexistore’s buildings without the Tenant being able to claim compensation from Flexistore for this. Flexistore is not obligated to exercise this right.

4.    Use of trolleys

The tenant can borrow trolleys from Flexistore. Trolleys must be put back in the demarcated trolly storage space before leaving the warehouse.

All trollies and equipment made available at Flexistore sites are fitted with tracking devices.  The removal of trolleys or other lending equipment, as well as any damage to the Flexistore facility, will be reported to the police and a fee will be charged for the repair or recovery of any Flexistore property.

5.     Sharing access to the storage unit

The Tenant can give others access to the Rental Unit temporarily or permanently.  In the latter case access is granted until the access is withdrawn, through the Flexistore app.

If the Lessee gives others access to the Lease Area, the Lessee is responsible for what those who have been granted access may do in the Lease Area. Flexistore is not responsible for the consequences of the Tenant giving others access to the Rental Unit, and the Tenant is responsible for damages and costs that may arise as a result of access to the Rental Unit, including costs incurred to restrict access to anyone assigned access by the Tenant.

8.     Waste management

No waste may be left inside a Rental Unit, anywhere in the Flexistore facility or on the property in which the Flexistore facility is located.

The tenant is responsible for disposing of any waste and for having it removed at their own expense.

Flexistore may have any waste removed and the cost of such removal, together with an administration fee will be for the Lessee’s expense.

9.     Insurance

The tenant is obliged to keep his assets placed with Flexistore insured. Purchase of insurance through Flexistore is required and follows the lease agreement.

Flexistore cannot be held liable for damages to the rental object, unless there is intent or gross negligence on the part of Flexistore or someone Flexistore is responsible for.

10.  Personal

information is processed by (data controller):

For more information about the processing of personal data by Flexistore, see privacy statement .

11.    Tenant’s breach of contract / eviction

Flexistore may terminate the Agreement if the Lessee is guilty of a material breach of the Agreement, and the Lessee is then obliged to vacate the Lease Area immediately. Significant breach means a failure to pay one month’s rent, and / or non-compliance with these terms, or other conditions that must be considered a significant breach of the Agreement.

In the event of non-payment, Flexistore reserves the right to exercise lien against the Lessee as security to cover any claim that Flexistore may have or receives against the Lessee, including all costs Flexistore incurs as a result of the default.

The tenant’s access to the Rental Unit and the area in general is suspended until the outstanding has been settled in its entirety. In such a case, the payment obligation continues to run for the Tenant until all outstanding payments have been settled.

Movables / contents can be moved to one of Flexistor’s other premises at the Lessee’s expense. Movable property stored in the Rental Unit at the time of Flexistor’s blocking of the premises is considered to have been handed over to Flexistore as a pledge as security for the claims Flexistore may have or receive against the Lessee.

12.   Termination of the tenancy – return of the tenancy

The agreement can be terminated by each of the parties as described in clause 4.

On the day the tenancy ends, the Tenant shall vacate the Rental Unit and make it available for Flexistore’s disposal. The Rental Unit is considered returned and made available to Flexistore when the rental premises have been vacated by the Tenant. After this time, Flexistore is free to rent out the Rental Unit to new customers.

The Tenant is obliged to empty the Rental Unit, and other things that the Tenant has in Flexistore’s area, upon termination of the tenancy. Leftover movables are considered abandoned and will accrue to Flexistore free of charge after 14 days. for recycling /donation / auction.

Flexistore will encourage the Tenant to collect the movables, but Flexistore has the right to withhold the movables until Flexistor’s claims against the Tenant are covered in full.

If the costs or inconveniences of storage become unreasonable, or if the Lessee waits unreasonably long to pay the costs of the storage or to take over the movables, the leftovers will be thrown away, given away or sold at the Lessee’s expense.

Before leftover movables are thrown away, sold or given away, Flexistore will send a written notice with a request for payment to the Tenant, which can also be done through the app.

If the Rental Unit is not made available to Flexistor on the day the tenancy is terminated, Flexistore may demand compensation corresponding to the agreed rent until the tenant’s use ceases. If the warehouse is in poorer condition than at the time of takeover, Flexistore can claim covered necessary expenses for repairs. The Lessee is liable for both direct and indirect losses that can be attributed to the Lessee himself or someone he is responsible for.

13.   Flexistore’s limited liability

Flexistor’s liability to the Lessee is limited to the consideration that the Lessee has paid to Flexistore in the last 12 months.

Flexistor’s liability is in any case limited to direct losses and costs, and the Lessee may not claim indirect losses, including loss of turnover, loss of profits of any kind, loss of data, costs and losses due to operational interruptions, loss of losses and claims. from third parties.

14.  Conflict resolution

                                                                                                                                   PROTECTION OF PERSONAL INFORMATION ACT

AGREEMENT AND CONSENT DECLARATION

You hereby declare and confirm that you, as the person/entity/body/individual/company who is providing information and hereinafter collectively referred to as the “lessee”, do hereby irrevocably agree and understand that any/all information supplied or given to the lessor, is done so in terms of the below terms and conditions and in terms of this agreement and consent declaration.

1. INTERPRETATION

1.1.    In this Agreement, unless inconsistent with or otherwise indicated by the context –

1.1.1.  “This Agreement” means the Agreement contained in this document;

1.1.2.  “The Lessor means FLEXISTORE SOUTH AFRICA (PTY )LTD and includes its affiliated, holding and subsidiary companies;

1.1.3.  “Confidential information” includes, but is not limited to:

1.1.3.1. Any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any other information of the Lessee and the Lessor in whatever form it may be;

1.1.3.2. All internal control systems of the Lessee and the Lessor;

1.1.3.3. Details of the financial structure and any other financial, operational information of the Lessee and the Lessor; and

1.1.3.4. Any arrangements between the Lessee and Lessor and others with whom they have business arrangements of whatsoever nature, all of which the Lessee and the Lessor regards as secret and confidential.

1.1.1.  “Personal information” means personal information as defined in the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and includes but not limited to:

1.1.1.1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

1.1.1.2. Information relating to the education or the medical, financial, criminal or employment history of the person;

1.1.1.3. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

1.1.1.4. The biometric information of the person;

1.1.1.5. The personal opinions, views or preferences of the person;

1.1.1.6. Correspondence sent by the person that is implicitly or explicitly or a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

1.1.1.7. The views or opinions of another individual about the person; and

1.1.1.8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

1.1.2.  “The effective date” means the date of signature of this Agreement”;

1.1.3.  “The parties” means the parties as described hereinabove;

1.1.4.  “Divulge” or “make use of” means to reveal, make known, disclose, divulge, make public, release, publicise, broadcast, communicate or correspond or any such other manners of divulging of any information.

1.1.5.  “Processing” means any operation or activity or any set of operations, whether by automatic means or not, concerning personal or any information, including but not limited to:

a)      The collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;

b)                Dissemination by means of transmission, distribution or making available in any other form; or

c)                Merging, linking, as well as restriction, degradation, ensure or destruction of information.

1.1.9. “POPI” means the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and as amended from time to time.

WHERAS IT IS AGREED THAT

All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.

The Lessor and all its employees and the Lessee and all the Lessee’s employees and any subsequent party/parties to this agreement acknowledge and confirm that

·        One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.

·        Such information may be deemed as the private, confidential or as personal information in so far as it related to any party to this agreement.

·        Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.

·        Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.

For purposes of rendering services on behalf of the Lessee, the Lessor and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:

a)      All information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;

b)      Where applicable, any and all data and business information;

c)      Where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and

d)      Trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider, or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.

By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the Lessor and such use may include placing such information in the public domain. Further it is specifically agreed that the Lessor will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.

It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.

It is confirmed that by submitting information to the Lessor, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.

SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE LESSOR IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE