Below are the Space2Grow Terms and conditions. Please read if there are any concerns regarding Space2Grow.
Our Terms and Conditions cover important aspects such as land access, crop cultivation, compensation, privacy, and dispute resolution. We prioritize transparency and fairness in all our operations, and adherence to these terms helps us maintain a mutually beneficial partnership.
If you have any questions or concerns regarding the Terms and Conditions, please don't hesitate to reach out to our support team. We are here to provide further clarification and ensure that you are comfortable with the agreement.
1. DEFINITIONS:
1.1 Lessor shall mean SPACE 2 GROW Pty Ltd
1.2 Lessee shall mean the party specified in the SPACE 2 GROW lease agreement.
1.3 Rental shall mean the monthly charge levied for the leasing of a unit.
1.4 Period shall mean one calendar month.
1.5 Unit shall mean a specific SPACE 2 GROW unit allocated to the lessee.
1.6 Lease shall mean the SPACE 2 GROW lease agreement.
1.7 Initial period shall mean the amount of days leased (calculated on a daily basis) before the start of a new calendar month.
2. RECORDAL
The Lessor hereby lets to the Lessee, who hereby hires from the Lessor, for the period specified in the SPACE 2 GROW lease agreement, the units (s) on the terms and conditions as set out below.
3. DURATION
3.1 This lease shall commence on ______________________________ (“the commencement date”) and shall endure until ____________________________ (“the initial period”) being not less than
6 (Six) months.
3.2 Not withstanding 3.1, this lease shall not terminate after the initial period but shall continue to endure thereafter on a month-to-month basis, subject to the right of either party to terminate the lease on one calendar months’ notice, in writing to the other party.
4. RENTAL PAYMENT PROVISIONS
4.1. The monthly rental is R 400 p.m. with a CPIX escalation per annum. All rentals are payable monthly in advance on or before the 3rd day of every month in the manner prescribed by the Lessor from time to time utilizing the payment gateway provided by SPACE 2 GROW
.4.2. After the expiry of the initial period, the Lessor shall be entitled to vary the rental payable by giving the lessee no less than
1 (ONE) calendar months’ notice thereof.
4.3 All rentals shall be payable without deduction or set-off.
4.4. The Lessor shall be entitled, without prejudice to its rights, to charge interest calculated at 2% above the prime lending rate per month, which shall be levied on all arrear rentals calculated from the first day of each month to the date of payment.
5. DEPOSITS
5.1 A deposit equivalent to one month’s rental shall be payable on or before the commencement date of the lease.
5.2 Upon termination of the lease, the deposit shall be refunded free of interest, after provision for arrears, legal fees and breakages (if any) have been made.
6. UNIT ALLOCATION
6.1 The Lessee will be allocated a unit upon payment of the deposit and initial rental.
6.2 The Lessee shall have the right to choose the allocation of the unit by the Lessor.
7. MAINTENANCE OF THE UNIT
7.1. The Lessee shall be responsible for the planting, and removal of his goods during the period of the lease and upon termination thereof.
7.2. The Lessee shall maintain the unit in good order and condition, fair wear and tear excepted.
7.3. The Lessor can supply garden service at an additional cost to the lessee for R50 p.m.
8. CANCELLATION
8.1 Each party may cancel this agreement by giving the other party written notice of one full calendar month. If no such notice has been received, the parties will be deemed to have renewed the lease for a further period.
8.2 Notwithstanding the aforegoing, should the Lessee fail to make payment of the rental by the 3rd day of the renewal period, the Lease shall be deemed to be cancelled with effect from the last day of that month.
9. SECURITY PROCEDURES
9.1 The Lessor shall secure entry to and exit from the leased property by the provision of security measures at the Lessor’s sole discretion.
9.2 The Lessee agrees to abide by the security procedures initiated by the Lessor from time to time.
9.3 The Lessor shall be obliged to allow any person who is in possession of the Lessee’s personal membership card, entry to the unit on the assumption that such person enters the unit upon the Lessee’s authority.
10. INSURANCE
10.1 The Lessee shall not do or omit to do anything or keep in the unit anything or allow anything to be done or kept in the unit any item of a perishable, flammable, explosive or illegal nature.
10.2 The Lessee shall be obliged to insure at his cost all items stored by him in the unit against all risks.
11. LIMITATION OF THE LIABILITY OF THE LESSOR
11.1 The Lessee shall not have any right, remedy or claim of any nature whatsoever against the lessor for any loss, damage (whether general, special, consequential), expenses or injury, which may be suffered by the Lessee directly or indirectly, irrespective of whether such loss, damage, expense or injury shall have been caused through or as a result of the negligence of the Lessor or any of its employees, servants or agents, however arising.
11.2 The Lessee hereby indemnifies the Lessor and holds it harmless against all/any claims arising from above.
11.3 The Lessee by signing this agreement acknowledges full abidance of the Constitutional draft as attached to this agreement ‘Annexure A’.
12. CESSION AND SUB-LEASE
The Lessee shall not sell, cede, transfer, pledge or otherwise alienate any of his rights under this agreement, nor shall the Lessee sublet the unit or any portion thereof without prior written consent of the Lessor.
13. BREACH
13.1 Should the Lessee fail, refuse and/or neglect to pay the rental, the lease shall be deemed to be cancelled with effect from the end of such month.
13.2 The lessor shall be entitled to institute a claim for any damages it may have suffered as a result of the lessee’s breach.
13.3 The lessor shall be entitled upon 14 (fourteen) days registered notice to enter the unit, to seize any items found therein and to dispose of such items in settlement of arrear rentals and damages.
13.4 In the event that the Lessor takes legal action against the Lessee because of a breach by the Lessee of its obligations in terms of this lease, the Lessee shall be liable for all legal costs incurred by the Lessor on the scale as between attorney and own client including, without limitation, collection fees, tracing fees and fees of counsel as on brief.
13.5 The Lessor shall, at its election, be entitled to institute action out of any Magistrates’ Court exercising jurisdiction over the Lessee’s person, notwithstanding that the amount of its claim would otherwise have exceeded the jurisdiction of the court.
13.6 A further administration cost of R275.00 together with our agent costs will automatically be levied on serving 14 (Fourteen) days registered notice.
14. NOTICES
14.1 All notices shall be done in writing and shall be sent either by registered post to the parties’domicilia citandi et executandi
or alternatively delivered by hand.
14.2 The said notices shall be deemed to have been received 7 (Seven) days after dispatch.
15. DOMICILIUM
15.1 The parties hereby choose the undermentioned addresses as their respective domicilia citandi et executandi
for the service of all notices in terms of this agreement, namely:
LESSOR: 32 ALARIC ROAD VALHALLA CENTURION – SPACE 2 GROW PTY LTD
LESSEE: ……………………………………………………………………………………………………………………………….
15.2 Any party may by written notice to the other party change its chosen address to any physical address, provided that the change will become effective on the 14th day after the receipt of the notice by the addressee.
16. GENERAL
16.1 This agreement constitutes the entire agreement between the parties and supersedes any prior agreement between the parties in respect of the unit (s) specified in the SPACE 2 GROW Lease Agreement.
16.2 No variation, modification or waiver of any of the provisions of this Agreement or consent to any departure therefrom will in any manner be of any force or effect unless confirmed in writing and signed by the Parties and such verification, modification, waiver or consent will be effective only in this specific instance and for this specific purpose and to the extent to which it was made or given.
16.3 No representation by any of the parties has been made unless recorded herein, which induced the parties into concluding this agreement.
16.4 If any provision of this Agreement is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16.5 This Agreement shall be governed by and construed in accordance with the laws of South Africa.
16.6 The lessee warrants the information relating to him in the SPACE 2 GROW Lease Agreement
as being true and correct.
16.7 The Lessee acknowledges that this Agreement and its consequences have been explained and that it is fully aware of all of the implications hereof.
16.8 The Lessee hereby accepts all terms and conditions relating to this agreement.
17. EXEMPTION OF PAYMENT (SPECIAL CONDITION)
Should you qualify for exemption for the payment of fees mentioned in paragraphs 4, 5 and 7.3 above, please state the reason:
Reason:
As per Space2Grow client, tenant agreement payable on harvest.
ANNEXURE A
In terms of the growing of hemp/cannabis we confirm that in 2018 our Constitutional Court (“CC”) ruled that:
1.1. section 4(b) of the Drugs Act was unconstitutional and, therefore, invalid to the extent that it prohibits the use or possession of hemp/cannabis by an adult in private for that adult’s personal consumption in private;
1.2. section 5(b) of the Drugs Act was constitutionally invalid to the extent that it prohibits the cultivation of hemp/cannabis by an adult in a private place for that adult’s personal consumption in private;
1.3. section 22A(9)(a)(i) of the Medicines Act was constitutionally invalid to the extent that it renders the use or possession of hemp/cannabis by an adult in private for that adult’s personal consumption in private a criminal offence.
The practical effect of the judgment is two-fold being that it decriminalizes:
1.4. the use or possession of hemp/cannabis by an adult in private for that adult person’s personal consumption in private; and
1.5. the cultivation of hemp/cannabis by an adult in a private place for that adult’s personal consumption in private.Of further importance is that the business held that the right to privacy extends beyond the boundaries of a home or a person’s private dwelling and stated that:“It may or may not be that it can also be grown inside an enclosure or a room under certain circumstances. It may also be that one may cultivate it in a place other than in one’s garden if that place can be said to be a private place.”The legality will ultimately turn on whether the cultivation was being carried out by an adult in a private place for that adult’s personal consumption in private.
Please refer to the following link
https://www.justice.gov.za/legislation/bills/2020-CannabisBill.pdf
Thank you for choosing Space 2 Grow.
Best regards,
The Space 2 Grow Team