You are here
Rent to Own - Terms and Conditions
This document records the terms and conditions of the Rent to Own Option granted by TOTALCAD SOLUTION CENTRE PTY LTD trading as Graphisoft SA hereinafter referred to as “TCSC/GSSA”
hereinafter referred to as the “Customer”
Identity Number: __
TERMS AND CONDITIONS OF RENT TO OWN
1.1 “Customer” means the person renting the Software from TCSC/GSSA
1.2 “Software” means the Software rented from TCSC/GSSA
ARCHICAD 19 LICENCES Dongle Number/s: __
Number of Licence/s: __
Including any replacements, substitutions of such.
Value of Licence/s: __
2. Letting, Duration & Ownership
2.1 The Customer rents the Software from TCSC/GSSA on a consecutive monthly basis, from the date that it is installed until either TCSC/GSSA or the Customer gives 30 (thirty) days written notice of termination to the other.
2.2 TCSC/GSSA is the owner of the Software and will remain the owner of the Software during the period of this agreement and until full payment is received by TCSC/GSSA in respect of the Software.
2.3 The Customer undertakes not to copy, in whole or in part alter, adapt, modify or translate the Software nor to communicate the Software to any third party other than those of its employees and agents who are directly engaged in the use of the Software on the Customer’s behalf.
3. Delivery & Acceptance
3.1 TCSC/GSSA will, once the first month’s rental has been paid, deliver the Software to the Customer at the installation address specified above as soon as is reasonably possible.
3.2 TCSC/GSSA reserves the right to charge a reasonable courier collection and administration fee for collecting the Software if the rental is terminated for whatever reason. This fee is agreed to be an amount of R__.
3.3 If the Customer elects to install the Software him or herself, then such installation is done at the Customer’s risk and TCSC/GSSA shall be entitled to impose a surcharge for any damage or any technical support required as a result. The costs of delivering the Software to or collecting the Software from the designated TCSC/GSSA service point is for the Customer’s account.
4. Rent to Own
4.1 The Customer will pay the first month’s rental specified above as soon as TCSC/GSSA advises the Customer that TCSC/GSSA has accepted the Customer’s offer to Rent to Own the Software.
4.2 All subsequent rentals will be paid on a consecutive basis on or before the first day of each calendar month after the date of delivery in the amount of __ per month.
4.3 After a period of __ months, and provided all monthly rental payments are paid consecutively in full to TCSC/GSSA timeously, ownership of the Software will transfer and vest in the Customer subject to Graphisoft International Licence Terms.
4.4 Should the Customer default in a monthly payment and TCSC/GSSA exercises its right cancel the Agreement, the Customer will forfeit all payments already made and be liable to immediately return the software.
4.4 Note Coupons and Software Service Agreements are not applicable to this Rent to Own Agreement.
5.1 All payments due by the Customer to TCSC/GSSA will be made, without deduction or set-off, by means of an electronic transfer into TCSC/GSSA’s/ its duly authorised agent’s (appointed Reseller) bank account.
Banking details are as follows:
The aforegoing agent of TCSC/GSSA (appointed Reseller) may not be changed by the Customer during the duration of this Agreement.
5.2 The computer accounts or a certificate signed by the financial manager of TCSC/GSSA, whose appointment need not be proved, will be prima facie proof of all monies paid by the Customer to TCSC/GSSA.
5.3 The purchase price of the Software shall be equal to the consecutive monthly rental payable over a period of __ months.
5.4 All amounts due will bear value added tax at the applicable rate from time to time.
5.5 Monthly amounts are fixed and the Customer may not make payments at a larger value.
5.6 Settlement figures may be requested from TCSC/GSSA.
6. Licence Terms
The Customer may not during the course of this agreement:
6.1 Use the Software for any purpose for which it is not commonly intended;
6.2 Relocate the Software to a place other than the installation address without notifying TCSC/GSSA.
6.3 Breach a term of the Graphisoft International Licence Agreement. A copy of same may be acquired from TCSC/GSSA.
7. Risk Waiver
7.1 The Customer will be liable to compensate TCSC/GSSA for the loss of or damage to the Software:
7.1.1 Where the Customer is in arrears with any rental payment due;
7.1.2 Where the Software was stolen without forced entry to the installation address;
7.1.3 Where the Software was stolen and the Customer cannot prove that the theft was reported to the SAPS within forty-eight hours.
7.1.4 Where the Customer was negligent in securing the Software or the installation address.
7.1.5 Lost or stolen from premises other than those at the installation address;
7.2 Where the risk has been retained by TCSC/GSSA, TCSC/GSSA will replace the Software as soon as reasonably possible with similar Software, or by agreement with the Customer, terminate this agreement.
7.3 Where the risk has passed to the Customer, the Customer shall first compensate TCSC/GSSA for the loss before TCSC/GSSA is obliged to replace the Software, and the Customer shall continue to pay the monthly rental.
8.1 Without prejudice to any other claims and remedies that TCSC/GSSA may have against the Customer, TCSC/GSSA may cancel and terminate this agreement with immediate effect if the Customer breaches any term of this agreement and remains in breach for a period of seven days from the date upon which the breach first occurred.
8.2 Upon termination and cancellation of this agreement, TCSC/GSSA will disconnect and black- list the software and dispatch a courier to collect the software immediately at the Customer’s expense as per Clause 3.2, cancel the option to own and the Customer will forfeit all payments made to date.
9.1 On signature these Terms and Conditions of Rental to Own, constitute the sole record of the agreement between TCSC/GSSA and the Customer with regard to the Software, and TCSC/GSSA shall not be bound by any representation, warranty, or implied term not recorded herein.
9.2 No addition to, variation or consensual cancellation of this agreement shall be of any force and effect unless reduced to writing and signed on behalf of TCSC/GSSA. No indulgence which TCSC/ GSSA may grant to a Customer shall constitute a waiver of any of TCSC/GSSA’s rights.
9.3 TCSC/GSSA may, without notice, cede and assign its rights and obligations under this agreement.
9.4 The Customer may not cede its rights or obligations in terms of this agreement without TCSC/GSSA’s prior written consent.
9.5 The Customer hereby indemnifies TCSC/GSSA against any loss or damage suffered arising out of or in connection with the Customer’s use of the Software from whatever cause and against any claims of whatever nature that may be instituted against TCSC/GSSA arising from the use of the Software and any consequential loss or damage arising from the aforegoing.
9.6 On the termination of this Rental to Own Agreement for whatever reason, the option shall lapse to own and shall be of no further force or effect.