1. PARTIES

1.1. The parties to this Service Level agreement are:

1.1.1 Autumn Inc. T/A Jozi Cool (hereinafter “Supplier”); and

1.1.2 Mr./Mrs. _________________, with identity number: _______________, (hereinafter “the Client”).
 
2. DEFINITIONS
2.1. “Agreement” means the agreement as set out herein.

2.2. “Commencement date” means the date the Client appoints the Supplier and signs the agreement.

2.3. “Confidential information” means all information disclosed, regardless of means, by either party to the other, and

includes: any information relating to ideas, plans, product information, marketing information, designs, trade

secrets, trademarks, and all other information relating to the business affairs of either party, which information is

not readily available to a competitor of such party.

2.4. “Services” means Party hire, Setup and Take down of equipment rendered by Supplier to Client, including, as

applicable and as detailed herein or otherwise in writing.

2.5. Any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal

persons and vice versa, and any reference to gender includes the other gender.

2.6. If any period is referred to in this agreement by reference to days, the days will be reckoned exclusively of the

first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which

case the last day will be the next business day.

2.7. Any rule of construction that an agreement be interpreted against the drafter will not apply.
 
3. GRANT OF MANDATE
3.1. Client grants the Supplier the mandate, and the Supplier accepts this mandate, to perform the services (as may

be amended in writing from time to time by both parties).
 
4. PERIOD OF APPOINTMENT

4.1. This grant of mandate will commence on the date the Client appoints the Supplier, and signs the and will endure

until the services have been completed.
 
5. FEES PAYABLE

5.1. As payment for performance by the Supplier of its mandate in terms of this agreement, Client will pay Supplier

all fees, costs, deposits and charges (“the fees”) for the services:

5.1.1. in terms of Supplier’s pricing schedule, provided that the Client understands and agrees that such costs

will be subject to confirmation dependent on any changes requested by Client, and any amendments to

charges by applicable sub-contractors and/or suppliers; and

5.1.2. for all services rendered that are not included in the scope of the mandate and whether in writing or not,

at the Supplier’s standard rate as notified to Client.

5.2. All goods supplied by Supplier remain the Supplier’s property unless otherwise agreed to my both the Client and

the Supplier in writing.

5.3. The Client agrees to pay the Supplier 60% of the sum total specified in the quote or invoice, or otherwise as

requested by Supplier, immediately on placement of the order.

5.4. Supplier reserves the right to review the fees in the event of variations or additional services required by Client,

or any other factors affecting the services. Client will be liable for any increased costs incurred over which the

Supplier has no control, including any increase in sub-contractor and/or supplier charges, as notified to Client.

5.5. Supplier will be entitled to withhold and suspend the Services if the Client fails to timeously pay any amount due.

In such event the Supplier will not be liable to the Client for any damages incurred as a result of such delay or

suspension.

5.6. The Client will be required to have paid the full quote or invoice amount to the Supplier for all fees and charges

in connection with the Services no less than 10 days before the date of the event.
 
6. SUPPLIER ’S OBLIGATIONS

6.1. The Supplier will keep confidential all information relating to the Client’s confidential information.

6.2. The Supplier will observe and perform the terms and conditions set out in this agreement, render services

conscientiously and use all reasonable endeavours to provide the services in accordance with Client’s

reasonable requirements.

6.3. The Supplier cannot warrant supply per the Client’s exact requirements, when supply is dependent on

availability and pricing.
 
7. CLIENT’S OBLIGATIONS

7.1. Client will observe and perform the terms and conditions set out in this agreement and without delay provide the

Supplier with access to all such information and render any assistance that may be required by Supplier for the

fulfilment of its mandate in terms hereof.

7.2. In the event the Client fails to comply in full with the requirements of clause 5. the Client will remain liable to the

Supplier for the payment of fees, regardless whether the service has been fully completed or performed to

Client’s requirements.

7.3. Client will be liable for the costs of any repairs and or replacement of any hired goods that are lost, broken,

damaged or stolen, regardless of cause.

7.4. Client will be liable for any additional charges levied by any sub-contractors, and will further be liable for, without

limitation, to all delivery charges, required in order to render the Services.

7.5. Client will keep confidential all information relating to Supplier’s confidential information. Client acknowledges

and agrees that all and any ideas, innovations, and other confidential information disclosed by Supplier will

remain Supplier’s information and sole property. On placement of an order with Supplier, Client acquires the

non-exclusive use of such information. Client agrees and undertakes not to disclose or use for its own benefit

such information unless and until an order has been placed as contemplated herein. The Client indemnifies

the Supplier in this regard, and will further be liable to the Supplier for loss of profit should the Client

use the Supplier’s ideas, either him/herself or through any third party or events coordinator.

7.6. Client will liaise directly with Supplier in respect of the services, and undertakes at no stage to communicate

directly with any sub-contractors and/or suppliers appointed by Supplier to render any part of the Services

except with the written consent of Supplier. Client further undertakes not to appoint such sub-contractors and/or

suppliers directly without Supplier’s written consent.
 
8. BREACH

8.1. In the event of either party committing a breach of any of the terms of this agreement and failing to remedy such

breach within 10 (ten) days after receipt of written demand, the aggrieved party will be entitled, at its discretion,

to either claim specific performance of this agreement or cancel this agreement, and in either instance to claim

and recover damages from the defaulting party.

8.2. In the event that Supplier takes action for the payment of fees, Client will be liable to Supplier for all collection

and legal costs on an attorney and client scale.
 
9. GENERAL

9.1. The parties choose as their addresses at which they will receive all notices their respective addresses as

documented herein or as notified to the other party in writing from time to time.

9.2. Supplier will not be responsible for any indirect or consequential losses, or any loss of profit that may

be suffered for any reason. Client indemnifies Supplier against any such claims.

9.3. Client acknowledges that in delivering the Services, Supplier may be required, with Client’s prior consent, to

appoint sub-contractors, for which appointment Supplier acts as Client’s agent. Supplier will endeavour to

appoint sub-contractors that are suitable for the task, and will endeavour to assist in remedying any issues

where reasonably possible, but will not be liable for the actions of such sub-contractor/s.

9.4. Without detracting from this Agreement, Supplier will remain responsible for any damages for which he is

statutorily liable.

9.5. Every attempt has been made to ensure that this agreement has been drafted in accordance with all statutory

requirements. Any non-compliance is not intended by the parties. If any provision of this agreement is held to be

unenforceable for any reason, including pursuant to a statutory requirement, or any subsequent change to the

law that impacts upon this agreement, such provision will be adjusted, if possible, in order to achieve the intent

of the parties to this agreement, within legal parameters. If adjustment is not possible, the provision will be

deleted from this agreement. All other provisions will be considered valid and enforceable.

9.6. This agreement constitutes the whole agreement between the parties. No addition to or variation, consensual

cancellation or novation hereof will be of any force or effect unless in writing and signed by both parties.

9.7. No indulgence that may be given or allowed by any party will be construed to be an implied consent or otherwise

affect either party’s rights arising from this agreement or prevent either party from enforcing its rights.

 

Thus done and signed at ______________________ on this ______ day of ___________ 201___.

____________________________

THE CLIENT