De-Posit | Smarter Rental Deposits

De-Posit - Tenant Terms of Use Agreement

Effective Date: 7 January 2026

This Agreement sets out the terms and conditions between De-Posit (Pty) Ltd (“De-Posit”), a private company registered in South Africa with Registration Number 2025/830257/07, and the Tenant, who opts to use the Services offered by De-Posit as described in this Agreement.
By accepting these terms, the Tenant agrees to be bound by this Agreement and De-Posit’s Privacy Policy.

DEFINITIONS
1. Administration Fee: means a fixed administrative fee charged to the Tenant in the event of a failed or missed payment of the Service Fee or any other amount due under this Agreement, such as but not limited to the Permitted Charges. The Administration Fee is intended to cover the reasonable costs incurred by De-Posit in managing and processing the default or recovery of Permitted Charges paid to the Landlord.
2. Agreement: This agreement between De-Posit and the Tenant.
3. Billing Authorisation: means an enforceable commitment to pay De-Posit for the Service Fee and Permitted Charges submitted by the Landlord via the De-Posit Platform Services, in an amount not to exceed the Service Fee and Billing Authorisation Value. Payment commitments are secured by the Tenant granting De-Posit an electronic or other mandate to recover amounts due under this Agreement, whether by monthly debit-order or preauthorisation for one or more Payment Methods for the billing of Permitted Charges.
4. Billing Authorisation Service: the functionality of the De-Posit Platform services that obligates the payment of Permitted Charges and allows De-Posit to collect Permitted Charges from a Billing Authorisation from the Tenant, and to compensate the Landlord for such Permitted Charges.
5. Billing Authorisation Value: the amount that the Landlord requires as security for Permitted Charges against the Billing Authorisation, as presented to and accepted by the Tenant on the De-Posit Platform at the beginning of a Billing Authorisation term, including any Administration Fees.
6. Claim: A request by the Landlord to recover Permitted Charges under the Billing Authorisation Service, in accordance with the terms of the Lease Agreement and substantiated with evidence.
7. Damages: Damages to the rental property as per the Lease Agreement.
8. De-Posit Platform: refers collectively to the De-Posit website, the mobile and web-based application (“App”) when applicable, and any other digital interface, media channel, or communication platform operated or controlled by De-Posit for the purpose of facilitating the Services, related services or any part thereof.
9. Guarantor: means any person or legal entity who agrees, by written consent, to assume financial responsibility for the Tenant’s obligations under this Agreement, including but not limited to the Service Fee and Billing Authorisation for rental payments, deposit amounts, Damages, penalties, or any other fees due to the Landlord or De-Posit. The Guarantor’s liability is joint and several with that of the Tenant and may be enforced independently of any action against the Tenant.
10. Landlord: means the owner of the Rental Property, the entity that has executed the Lease Agreement on behalf of the owner of the Rental Property, and/or an entity that is authorised to make Permitted Charges and collect other fees associated with the Rental Property and Lease Agreement, such as a property management company.
11. Lease Agreement: The agreement entered into between the Tenant and the Landlord for the rental of the Rental Property, in terms of which the Services or part thereof are elected.
12. Lease Term: the period during which the Lease Agreement is in effect, including all renewals thereof.
13. NCA: National Credit Act, 34 of 2005.
14. Payment Date: The date as per the Payment Mandate and agreed on the De-Posit Platform.
15. Payment Mandate: means any pre-authorised instruction or authorisation, whether electronic, written, or recorded, provided by the Tenant to De-Posit and/or its authorised payment service provider(s), permitting the automated collection of funds from the Tenant’s nominated bank account, card, or other approved payment instrument. This includes debit orders (recurring, ad hoc, or once-off), card authorisations, instant EFT, or other digital payment solutions made available by De-Posit from time to time. The Payment Mandate shall remain valid for the duration of this Agreement or until all outstanding amounts have been settled, and constitutes irrevocable consent for De-Posit to initiate payment collection without further notice, subject to applicable banking regulations and consumer protection laws.
16. Payment Method: means a current, valid and accepted method of payment as may by updated from time to time, such as a bank account or other acceptable payment service, including a Payment Mandate.
17. Permitted Charges: means charges limited to the Billing Authorisation Value, that the Tenant is deemed to owe the Landlord, as permitted by applicable law and the Lease Agreement, for Damages, failure to pay rent, utilities or any other such commitments as per the terms of the Lease Agreement, and submitted by the Landlord to be charged against a Billing Authorisation.
18. Personal Information: As defined under POPIA, including ID number, contact details, financial data, and credit history.
19. POPIA: Protection of Personal Information Act, 4 of 2013.
20. Rental Housing Act: Rental Housing Act, 50 of 1999.
21. Rental Property: means the residential property rented by the Tenant from the Landlord per the Lease Agreement.
22. Service Fee: means a non-refundable fee paid to De-Posit by Tenants utilising the Billing Authorisation Service in consideration for De-Posit providing the Landlord with a Authorised Payment Commitment and for access to the De-Posit Platform and any ancillary De-Posit services.
23. Services: The services provided by De-Posit under this Agreement, including: (i) the Billing Authorisation Service for facilitating payment of Permitted Charges to the Landlord; (ii) collection of Service Fees and other amounts via Payment Mandate; (iii) claim facilitation and recovery from the Tenant; (iv) eligibility assessments, including credit and affordability checks; (v) secure processing of Personal Information in compliance with POPIA; and (vi) any related administrative or support functions necessary to deliver or enforce this Agreement.
24. Tenant: means any natural person, group of persons, or legal entity that:
  1. enters into the Lease Agreement with the Landlord for the rental and/or occupation of the Rental Property;
  2. assumes responsibility for payment of deposits, fees, or other onboarding requirements; and/or
  3. participates in the Billing Authorisation Service by providing or facilitating a Payment Method.
  For the purposes of this Agreement, a “Tenant” may also include any individual or entity, such as a parent, guardian, friend or sponsor, who does not reside in the Rental Property but co-signs the Lease Agreement, provides financial support, or authorises payments on behalf of the primary occupant, whether in the capacity of an additional payer, guarantor, or otherwise.
25. Tenant Information: means data and Personal Information that the Landlord or agent provides to De-Posit, which may include the Tenant’s name, Rental Property details, Security Deposit amount, Lease Agreement terms, information, and/or documentation related to Permitted Charges and other relevant information, including updates about charges to this information, to be used by De-Posit for the provision of the De-Posit Platform Services.
26. Security Deposit: means the traditional cash amount specified in the Lease Agreement or any other written agreement between the Landlord and Tenant, which is paid by the Tenant and typically held by the Landlord or a rental agent. This deposit is governed by the provisions of the Rental Housing Act, to cover unpaid rental amounts, costs of repairing Damages beyond normal wear and tear and any other lawful charges permitted under the Lease Agreement or applicable legislation.
SERVICE OVERVIEW
1. Traditionally, landlords require a Security Deposits to safeguard against potential losses arising from missed rental payments, property damage beyond normal wear and tear, or other tenant-related contingencies. The Billing Authorisation Service offered by De-Posit provides a modern alternative to this practice. Instead of requiring an upfront cash deposit from the Tenant, the Services enables Landlords to accept a preauthorised payment arrangement, either in full or in part, as a substitute for the Security Deposit. Through this arrangement, De-Posit undertakes to assume and settle any qualifying financial obligations (“Permitted Charges”) on behalf of the Tenant and then recovering such Permitted Charges from the Tenant. This mechanism offers Landlords comparable protection while reducing the upfront financial burden on Tenants.
2. The Tenant expressly acknowledges and agrees that:
  1. The payment of the Service Fee and the Services provided under this Agreement, including the Billing Authorisation Service and any related recovery mechanisms, do not constitute an insurance policy or contract of insurance. De-Posit does not indemnify the Tenant against loss, nor does participation in the Services absolve the Tenant of any legal or financial liability under the Lease Agreement or applicable law.
  2. Any amount paid by De-Posit to the Landlord under the Services, which is not successfully recovered through the Billing Authorisation Service, shall constitute a recoverable debt owed by the Tenant to De-Posit, and may be pursued in accordance with applicable laws and this Agreement.
  3. Except as provided in Clause 2.2.4 below, the Services under this Agreement do not constitute a credit agreement, loan, or any other form of credit transaction as defined in the National Credit Act (“NCA”). De-Posit does not advance, defer, or extend credit to the Tenant. The Services operate solely as a deposit replacement and payment facilitation mechanism.
  4. To the extent that interest is charged on overdue amounts payable by the Tenant under this Agreement, such charges may constitute an incidental credit agreement as contemplated in section 1 of the NCA. De-Posit shall comply with the applicable provisions of the NCA relating to incidental credit agreements, including disclosure and interest rate limitations. For clarity, the existence of such incidental credit agreements does not require De-Posit to register as a credit provider under the NCA.
DE-POSIT PLATFORM SERVICES TERMS AND ELIGIBILITY
1. An application by the Tenant to qualify for the Billing Authorisation Service must be submitted and processed through the De-Posit Platform. In order for an application to be considered, the Tenant must acknowledge and agree to the following eligibility requirements:
  1. Be at least 18 years of age and a permanent resident of the Republic of South Africa.
  2. Provide accurate, complete and up-to-date personal and financial information as requested by De-Posit.
  3. Consent to background screening, rental history records, credit checks, and affordability assessments, the results of which will be evaluated using De-Posit’s proprietary eligibility risk model.
  4. Execute a valid Payment Method and grant a Payment Mandate for De-Posit to charge one or more approved Payment Methods for any Permitted Charges that becomes due.
  5. Provide accurate and verifiable bank account details.
  6. Not be subject to debt review, sequestration, administration, or any other form of legal insolvency proceedings.
2. Meeting the above criteria in 3.1 does not guarantee approval to qualify for any of the Services. Final eligibility is determined solely by De-Posit, based on the outcome of its risk assessment process as described in 3.1.3.
3. De-Posit shall assess each Tenant’s application individually, applying its eligibility risk model, which may include but is not limited to background checks, credit risk ratings, and rental history evaluations.
4. De-Posit reserves the right to revoke a Tenant’s eligibility at any time if any information provided is found to be false, misleading, incomplete, or materially inaccurate.
5. De-Posit retains full discretion to approve or deny any application to use the Billing Authorisation Service and may restrict access to the Services at any time, without obligation to provide reasons.
SERVICE FEES AND PAYMENT
1. Upon successful completion of the eligibility assessment, De-Posit shall notify the Tenant of the outcome via the De-Posit Platform or any other authorised communication channel. If the application is approved, De-Posit will provide the Tenant with written confirmation of the applicable Service Fee and any related charges such as, but not limited to initial fees and the Administration Fee. The Tenant may then elect to accept or decline the Service Fee and proceed with or withdraw from the Billing Authorisation Service accordingly.
2. By electing to accept and signing up for the Billing Authorisation Service, the Tenant
  1. agrees to pay to De-Posit a non-refundable monthly and/or once-off Service Fee, and
  2. acknowledge that any claim for Permitted Charges made by the Landlord that meets the conditions of the Billing Authorisation Service is owed by the Tenant to De-Posit, unless the Tenant settled such Permitted Charges to the Landlord directly and is able to provide satisfactory proof thereof.
3. The Tenant shall be liable for all applicable fees as published on the De-Posit Platform or otherwise communicated by De-Posit. These fees may include, but are not limited to initial fees for signing up for the Services and the Service Fee, banking charges and fees for failed or reversed transactions and any other charges reasonably presented or disclosed by De-Posit and not included in the Service Fee.
All fees are exclusive of applicable taxes unless stipulated otherwise. Should De-Posit incur any taxes on behalf of the Tenant in connection with this Agreement, the Tenant shall reimburse De-Posit in full for such amounts.
1. Service Fees are non-refundable and payable in advance on the payment date, with the first payment due as per the Payment Mandate. No credits or refunds or partial refunds shall be issued for Service Fees, regardless of payment frequency, cancellation, or termination.
2. De-Posit may revise its pricing structure at any time, provided that the Tenant is given no less than thirty (30) calendar days’ prior notice.
3. All payments under this Agreement shall be made in South African Rands (ZAR), unless otherwise specified and agreed in writing.
4. The Landlord acknowledged, and the Tenant hereby agrees, that the terms in the Lease Agreement pertaining to Security Deposits shall be construed to apply to Billing Authorisations to the extent that the Tenant shall be permitted to subscribe to the Billing Authorisation Service in satisfaction of the Tenant’s Security Deposit obligations under the Lease Agreement without need for an amendment to the Lease Agreement. Notwithstanding the foregoing, a Landlord may still require a corresponding amendment to the Lease Agreement or other documentation.
REPLACEMENT OF EXISTING SECURITY DEPOSIT
1. A Tenant who has previously paid a Security Deposit to the Landlord may apply to subscribe to the Billing Authorisation Service in order to replace such Security Deposit (the “Replaced Amount”) with the Billing Authorisation Service.
2. Upon the Tenant’s successful approval for the Billing Authorisation Service and payment of the applicable Service Fee, De-Posit shall notify the Landlord accordingly. The Tenant will typically receive the Replaced Amount from the Landlord within seven (7) calendar days of such notice, unless otherwise agreed between the parties.
3. If the Landlord fails to release the Replaced Amount to either the Tenant or De-Posit within a reasonable period following notification, De-Posit reserves the right to cancel the Billing Authorisation Service without any liability to the Tenant. In such event, the Tenant shall remain responsible for satisfying any Security Deposit obligations under the Lease Agreement.
PERMITTED CHARGES - CLAIMS AND RECOVERY
1. The Tenant acknowledges their ongoing obligation to pay rent and maintain the Rental Property in accordance with the Lease Agreement. Participation in the Billing Authorisation Service does not relieve the Tenant of these responsibilities.
2. If the Tenant fails to meet their obligations under the Lease Agreement and the Landlord is unable to recover outstanding rent, Damages, or other lawful charges directly and which are covered under the Billing Authorisation, the Landlord may submit a claim to De-Posit in accordance with this Agreement for Permitted Charges.
3. Claims for Permitted Charges must be supported by documentation provided by the Landlord, including but not limited to:
  1. Rental statements;
  2. Inspection reports conducted in accordance with the Rental Housing Act; and
  3. Invoices or other evidence of loss or damage.
4. Upon receiving a claim, De-Posit shall assess its validity based on the supporting documentation.
5. The Tenant shall receive notification of any Permitted Charges via the De-Posit Platform, email, or other acceptable communication channels as defined in this Agreement. Such notifications shall include relevant details and supporting documentation provided by the Landlord. The Landlord may, in certain circumstances, revise a Permitted Charge after initial submission, subject to providing supporting documentation supporting such revision. For any disputes relating to Permitted Charges, the Tenant must refer to the provisions related to disputes between the Tenant and Landlord, set out in Clause 18.1 of this Agreement.
6. If the claim is upheld, De-Posit may pay the approved amount to the Landlord or the Tenant will have the opportunity to settle the claim for Permitted Charges directly with the Landlord within five (5) business days of receiving the notification to avoid paying an Administration Fee.
7. Once the lease is terminated and the Tenant has vacated the Rental Property and returned possession (including keys), the Tenant shall no longer be entitled to dispute claims related to damages, unless agreed otherwise in the Rental Agreement.
8. The Tenant acknowledges and agrees that any outstanding amounts owed to De-Posit in connection with the Services, including but not limited to Service Fees and Permitted Charges and any Administration Fees, may be recovered by De-Posit in its own capacity, using any lawful means. These may include, without limitation:
  1. Initiating contact with the Tenant via the De-Posit Platform, email, telephone (including pre-recorded messages, robocalls, or AI-assisted calls), and SMS;
  2. Processing charges against the Tenant’s authorised Payment Methods, including the Payment Mandate (s), for the full amount of Permitted charges due, which shall constitute an acknowledgement of debt for the purposes of recovery;
  3. Instituting legal proceedings; and/or
  4. Engaging third-party debt collection agencies.
The Tenant remains fully liable for any unpaid amounts, and this clause shall survive termination of the Agreement until all outstanding balances are settled in full.
1. The Administration Fee shall be charged once per missed payment event and may be levied weekly for a maximum of three (3) consecutive weeks, unless the outstanding balance is settled earlier. The Administration Fee shall not apply where the Tenant has made payment of the Permitted Charges directly to the Landlord within the grace period specified in Clause 6.6 or where the default is due to a verified banking error beyond the Tenant’s control.
2. Permitted Charges may be processed in full or in instalments, at De-Posit’s sole discretion, and without the need for separate or additional authorisation from the Tenant for each transaction, provided that a valid Payment Mandate is in place.
3. De-Posit reserves the right to:
  1. charge a lesser amount than the scheduled instalment on a scheduled payment date in order to reduce the risk of a failed transaction; and/or
  2. initiate a charge on a date other than the originally scheduled payment date, provided that the Tenant is given at least three (3) calendar days’ prior notice via the De-Posit Platform, email, or other acceptable communication channels.
4. Where provided for in the Payment Mandate, De-Posit may utilise any access to assess the likelihood of a failed transaction before initiating a charge against any Payment Method.
5. De-Posit reserves the right to correct any errors, omissions, or inaccuracies in pricing, even where payment has already been requested or received from the Tenant. Any such corrections shall be communicated to the Tenant via the De-Posit Platform, email, or other acceptable communication channels.
6. Any amount due and unpaid under this Agreement shall accrue interest at a rate equal to the prevailing prime lending rate of De-Posit’s principal bank plus 2% per annum. Interest shall be calculated daily and compounded monthly from the date the payment became due until full settlement. The Interest shall be charged in addition to the Administration Fee.
7. The Tenant agrees to cooperate with De-Posit in resolving claims and to take reasonable steps to mitigate losses, including facilitating access for inspections and providing requested documentation.
8. Charges not disputed by the Tenant within thirty (30) calendar days from the date of the transaction shall be deemed accurate, final, and binding.
PAYMENT METHOD MAINTENANCE
1. The Tenant acknowledges that any Payment Method used to qualify for the Billing Authorisation Service forms part of De-Posit’s eligibility assessment and risk model. Accordingly, the Tenant may not remove or deactivate such Payment Method without first providing an alternative qualifying Payment Method, acceptable to De-Posit.
2. The Tenant is required to maintain at least one active and chargeable Payment Method on file with De-Posit at all times during the term of the Billing Authorisation. The Tenant certifies that, subject to Clause 9 relating to additional payers and Guarantors, they are the authorised holder or signatory of all Payment Methods provided and that no further consent from any third party is required or, if required, has been duly obtained.
3. The Tenant agrees to maintain sufficient available funds or credit limits in all Payment Methods on the scheduled debit or charge date. If a transaction fails due to insufficient funds or credit, the Tenant authorises De-Posit to reattempt the charge and recover any applicable returned-payment fees as disclosed in this Agreement. The Tenant acknowledges that their financial institution may impose additional fees, including overdraft or over-limit charges, and that the Tenant shall be liable for such charges.
4. De-Posit reserves the right to require the Tenant to update or replace their Payment Methods based on information received from payment service providers. If De-Posit determines that a Payment Method is invalid, inaccessible, unfunded, or otherwise inoperative, De-Posit may issue a written notice requiring the Tenant to add one or more qualifying replacement Payment Methods. The Tenant shall comply with such request within ten (10) calendar days of receipt. Failure to do so may result in suspension or termination of access to the Billing Authorisation Service and may constitute a breach of this Agreement.
5. As part of the Billing Authorisation Service, the Tenant authorises De-Posit to initiate periodic test transactions, each not exceeding five South African Rand (R5.00), to and from any authorised Payment Method. These transactions are solely for verifying the validity and connectivity of the Payment Method and shall be re-credited in full or deducted from any further fees payable. Such transactions are not related to Service Fees, Permitted Charges, or any other financial obligations under this Agreement.
6. By submitting bank account or credit card details via the De-Posit Platform, the Tenant authorises De-Posit and its servicers, assignees, or designees to initiate:
  1. a one-time debit or charge for any amount between one South African Rand (R1.00) and the full value of the initial fee, Service Fee or Permitted Charge; and
  2. recurring debits or charges for renewal Service Fees or Permitted Charges, which may be divided into monthly or weekly instalments at De-Posit’s discretion.
These authorisations shall remain in effect until revoked by the Tenant via written notice at least three (3) business days prior to the next scheduled payment. Revocation shall not affect payments already initiated.
1. In the event of a payment error, De-Posit reserves the right to initiate a one-time corrective debit or credit to the Tenant’s Payment Method. This authorisation is transferable and assignable to any successor or assignee of this Agreement.
2. By providing electronic consent, the Tenant agrees to all one-time and recurring debit or credit card authorisations described herein and acknowledges receipt of this authorisation agreement for their records.

7A. Payment Processor Requirements

De-Posit utilises one or more authorised third-party payment service providers (“Payment Processors”) to facilitate debit orders, electronic mandates, card-based payments, instant EFT, and other payment instructions required under this Agreement. By providing a Payment Method and issuing a Payment Mandate, the Tenant acknowledges and agrees that all payment collections made under this Agreement are subject to the rules, requirements, and processing standards prescribed by such Payment Processors, as well as the applicable regulations of the Payment Association of South Africa (PASA) and relevant banking institutions.
10. The Tenant expressly consents to any verification, authentication, mandate registration, tracking, date-adjustment, or other technical processes required by the Payment Processor to enable successful payment collection. This may include, without limitation, account verification services, OTP-based authentication, IP address validation, mandate storage, and the use of flexible or variable collection dates where required to align with salary cycles or banking rules.
11. The Tenant agrees that De-Posit may implement any processes, notifications, mandate formats, verification steps, or adjustments required by its Payment Processors, and that such requirements are deemed incorporated by reference into this Agreement. Nothing in this Agreement shall be interpreted as requiring De-Posit to act contrary to the mandate rules, verification processes, or regulatory obligations imposed by any Payment Processor or applicable law.
CHANGES AND TERMINATION OF BILLING AUTHORISATION
1. The Billing Authorisation shall remain valid for the duration of the Tenant’s Lease Agreement and shall continue in full force and effect thereafter until all amounts due to De-Posit or the Landlord under this Agreement, including Service Fees, Permitted Charges, Administration Fees, interest, and any other recoverable amounts, have been fully settled. Termination of the Lease Agreement shall not affect the Tenant’s liability for any outstanding amounts, and the Billing Authorisation shall survive such termination until final settlement af amounts due to De-Posit.
2. This Agreement shall automatically renew upon renewal of the Lease Agreement, provided that:
  1. the Tenant continues to pay the applicable Service Fee; and
  2. the renewal does not conflict with Clause 8.1 of this Agreement.
3. Modifications to the terms of a Billing Authorisation, including adjustments to the Billing Authorisation Value or duration, may be made with the written agreement of both the Landlord and De-Posit, provided that the Tenant is notified of such modifications via the De-Posit Platform, email, SMS, or other authorised communication channel. No modification shall be effective unless and until the Tenant has either expressly consented thereto or is deemed to have consented by continuing to utilise the Billing Authorisation Service and paying the applicable Service Fee after receiving such notification.
  1. Renewal of the Lease Agreement shall constitute the Tenant’s consent to an extension of the Billing Authorisation term, subject to De-Posit conducting a fresh eligibility assessment at the time of renewal. De-Posit shall apply its risk and affordability criteria as at the commencement of the original Lease Agreement and reserves the right, in its sole discretion, to accept or decline continuation of the Billing Authorisation Service. If the renewed Lease Agreement includes an increase in the required Security Deposit, such renewal shall also constitute the Tenant’s consent to a corresponding increase in the Billing Authorisation Value and an adjustment to the Service Fee, subject to the outcome of the eligibility assessment.
  2. Where the Landlord notifies De-Posit of a Lease renewal and/or increased Security Deposit requirement, whether via telephone (including pre-recorded messages, robocalls, or AI-assisted calls), email, SMS, or by uploading such details to the De-Posit Platform, this shall also constitute the Tenant’s consent to the corresponding changes in the Billing Authorisation.
4. De-Posit may continue to charge the Tenant applicable Service Fees on a monthly or annual basis beyond the initial lease term or stated Billing Authorisation period, provided that the Landlord has not formally closed the Billing Authorisation. The Billing Authorisation shall remain in effect, and the Tenant shall remain liable for all associated Service Fees, Permitted Charges, and other applicable fees, until De-Posit receives written confirmation from the Landlord that the Billing Authorisation may be terminated.
5. De-Posit shall terminate the Billing Authorisation only upon receipt of written confirmation from the Landlord that either:
  1. The Tenant has vacated the Rental Property and has no further financial or legal liability under the Lease Agreement; or
  2. The Tenant has paid the full equivalent of the Billing Authorisation Value directly to the Landlord.
**AUTHORISATION BY ADDITIONAL PAYERS AND GUARANTORS **
1. The Tenant represents and warrants to De-Posit that they have obtained valid authorisation from any additional payer and/or Guarantor not named on the Lease Agreement (each of whom shall be deemed a “Tenant” for the purposes of this Agreement) to enter and use such individual’s Payment Method(s) on the De-Posit Platform.
2. The Tenant acknowledges and agrees that any Payment Method entered into the De-Posit Platform on behalf of an additional payer or Guarantor is deemed to be preauthorised by that individual. De-Posit may charge such Payment Method(s) either in place of, or in addition to, the Tenant’s own Payment Methods on file, as necessary to recover amounts due under this Agreement.
3. Any additional payer or Guarantor whose Payment Method is used in connection with the Services shall be jointly and severally liable with the Tenant for all amounts due under this Agreement, including but not limited to Service Fees, Permitted Charges, Payment processing and facilitation fees, late payment penalties, failed transaction fees and interest charges.
4. Where an individual acts as an additional payer or Guarantor and provides a Payment Method for use on the De-Posit Platform, such individual expressly agrees that:
  1. All amounts due by the Tenant under this Agreement may be charged to their Payment Method without further notice, based on the preauthorisation granted;
  2. They shall be jointly and severally liable with the Tenant for all Permitted Charges and other amounts due;
  3. They shall not dispute, reverse, or initiate chargebacks for any authorised transaction processed by De-Posit under this Agreement; and
  4. They shall not remove, disable, or alter their Payment Method without De-Posit’s prior written consent.
5. The liability of any Additional Payer or Guarantor under this Clause shall be read together with, and is without prejudice to, the Guarantor’s obligations set out in Clause 10.
GUARANTOR LIABILITY
1. Where a third party (the “Guarantor”) has signed this Agreement or any related guarantee document, the Guarantor irrevocably and unconditionally undertakes to be jointly and severally liable with the Tenant for all financial obligations arising under this Agreement. This includes, but is not limited to, unpaid Service Fees, Permitted Charges, and any amounts advanced or recovered by De-Posit on behalf of the Landlord.
2. The Guarantor acknowledges and agrees that:
  1. This obligation is independent of the Tenant’s obligations and remains enforceable even if the Tenant defaults or this Agreement is terminated.
  2. De-Posit may proceed directly against the Guarantor without first exhausting remedies against the Tenant.
  3. The Guarantor consents to credit checks and the processing of Personal Information in accordance with the Protection of Personal Information Act, 2013 (POPIA).
  4. This clause shall constitute an acknowledgment of debt for the purposes of legal recovery.
3. The provisions of Clause 9 regarding authorisation and use of Payment Methods shall apply equally to any Guarantor who provides a Payment Method under this Agreement.
SUSPENSION, TERMINATION AND ELIGIBILITY
1. De‑Posit reserves the right to reassess the Tenant’s eligibility at any time, including by conducting updated credit checks or risk assessments. If the Tenant no longer meets the eligibility criteria, De‑Posit may suspend or terminate the Billing Authorisation Service with immediate effect. Such termination shall automatically trigger the recovery process described in Clause 6, whereby the Billing Authorisation Value will be collected and transferred to the Landlord as a Security Deposit.
2. Termination of the Billing Authorisation Service does not relieve the Tenant of any outstanding financial obligations, including Permitted Charges or any amounts advanced by De‑Posit on behalf of the Landlord. De‑Posit may pursue recovery of such obligations in accordance with Clause 6.
3. De‑Posit shall provide notice of any suspension or termination to the Tenant via the De‑Posit Platform or other authorised communication channel. Suspension or termination shall take effect on the date specified in the notice.
CESSION AND ASSIGNMENT OF DEBT
1. The Tenant acknowledges and agrees that any debt arising under this Agreement, including but not limited to unpaid Service Fees, Permitted Charges, and any amounts advanced or recovered by De-Posit on behalf of the Landlord, may be ceded, assigned, or sold by De-Posit to a third-party collection agency, legal recovery service, or financial institution without prior notice to the Tenant.
2. Upon such cession or assignment:
  1. The third party shall have full legal authority to recover the debt directly from the Tenant, including initiating legal proceedings or enforcement actions.
  2. All rights and obligations of De-Posit in respect of the ceded debt shall transfer to the third party, and the Tenant shall not raise any defence based solely on the fact of the cession or assignment.
  3. The Tenant shall remain liable for the full amount of the debt, including any interest, legal costs, or administrative fees incurred during the recovery process.
3. This clause shall constitute the Tenant’s prior written consent to any such cession or assignment, as contemplated under Section 65 of the National Credit Act, 2005 (where applicable), and shall be deemed sufficient for the purposes of compliance with any statutory notice requirements.
4. The Tenant acknowledges that any debt ceded under this clause remains subject to the recovery terms set out in Clause 6, acknowledgment of debt, and legal enforcement.
BREACH
1. Recovery of Permitted Charges under Clause 6 forms part of the Services and shall be affected automatically through the Payment Mandate or authorised Payment Methods as per the terms in Clause 6. Such recovery shall not constitute a breach of this Agreement.
2. A breach of this Agreement shall occur if the Tenant fails to comply with any material obligation, including but not limited to:
  1. De-Posit is unable to recover amounts due through the Payment Mandate or authorised Payment Methods after reasonable attempts;
  2. the Tenant obstructs, disables, or withdraws a Payment Method in violation of Clause 9 or fails to provide a valid replacement Payment Method when required;
  3. the Tenant fails to reimburse De-Posit for any amount advanced to the Landlord where recovery has been unsuccessful; or
  4. the Tenant provides false, misleading, or fraudulent information during onboarding, claim resolution, or eligibility reassessment.
3. Upon breach as defined in 13.1, De‑Posit shall issue written notice to the Tenant specifying the nature of the breach and granting ten (10) business days to remedy it, unless immediate enforcement is required under Clause 6. The Parties may agree in writing to extend the notice period.
4. If the Tenant fails to remedy the breach within the notice period:
  1. De-Posit may suspend or terminate the Billing Authorisation Service with immediate effect;
  2. Any amounts advanced or paid by De-Posit shall become immediately due and payable by the Tenant;
  3. De-Posit may initiate recovery proceedings, including legal action, interest accrual, and assignment or cession of the debt to third-party recovery agents as per Clause 12 above. The Tenant acknowledges that this clause constitutes an acknowledgment of debt for enforcement purposes.
  4. De-Posit reserves the right to report such default to registered credit bureaus in accordance with applicable laws. The Tenant acknowledges that such reporting may negatively affect their credit record and future creditworthiness.
5. Breaches, whether remedied or not, may result in permanent exclusion from De-Posit services at De-Posit’s sole discretion.
6. The Tenant shall be liable for all reasonable legal and administrative costs incurred by De-Posit in enforcing its rights under this clause, including:
  1. Legal costs on an attorney-and-client scale;
  2. Collection commission and tracing fees;
  3. Court filing, enforcement, and judgment execution costs.
DATA PROTECTION AND CONSENT
1. The Tenant consents to the collection, processing, and sharing of their Personal Information by De-Posit for purposes related to:
  1. Eligibility assessment and onboarding;
  2. Administration of the Billing Authorisation Service;
  3. Payment processing and recovery of Permitted Charges;
  4. Compliance with legal and regulatory obligations.
2. De-Posit undertakes to process Personal Information in accordance with the POPIA. All data shall be stored securely and retained only for as long as necessary to fulfil the purposes outlined in this Agreement or as required by law.
3. The Tenant may request access to, correction of, or deletion of their Personal Information by contacting De-Posit. Such requests shall be honoured subject to De-Posit’s legal and contractual obligations, including retention requirements under applicable law.
4. For any queries, concerns, or complaints related to the processing of Personal Information, the Tenant may contact De-Posit’s designated POPIA representative via the contact details provided on the De-Posit Platform. Provide contact details on platform
5. The Tenant acknowledges and consents that De-Posit may lawfully share Tenant Information relating to any payment defaults, Damages, and Permitted Charges with authorised third-party service providers and data aggregators, including but not limited to tenant profiling networks, such as TPN, and registered credit bureaus, for the purpose of enhancing tenant screening, rental history reporting, and credit risk assessments.
De-Posit undertakes that:
1. Such sharing shall be limited to information that is accurate, relevant, and necessary for the stated purpose;
2. All processing and disclosure of Tenant Information shall comply with the Protection of Personal Information Act, 4 of 2013 (“POPIA”), including requirements of lawfulness, minimality, and security safeguards;
3. Tenants retain their rights under POPIA, including the right to request access to, correction of, or deletion of their Personal Information, and the right to object to processing where legally permissible;
4. De-Posit shall ensure that any third party receiving Tenant Information is subject to appropriate confidentiality and data protection obligations, and is authorised under applicable law to collect and process such information.
TERMINATION
1. Subject to Clause 11, this Agreement shall remain in full force and effect for as long as the Tenant uses the De-Posit Platform Services or is enrolled in the Billing Authorisation Service, unless terminated earlier in accordance with this clause.
2. This Agreement may be terminated:
  1. Automatically upon expiry or lawful termination of the Tenant’s Lease Agreement and no claims submitted for Permitted Charges by the Landlord and if no amounts are due and payable to De-Posit;
  2. By De-Posit, with immediate effect, in the event of breach, non-payment, or loss of eligibility under Clause 11;
  3. By mutual written consent of both parties.
3. Upon termination:
  1. Any outstanding Service Fees, Permitted Charges, or amounts advanced by De-Posit shall become immediately due and payable;
  2. De-Posit may continue to recover such amounts using any authorised payment method or legal means, including litigation or third-party collection services;
  3. The Tenant shall not register or create a new account under their own name or any alias without De-Posit’s prior written consent.
4. Termination of this Agreement shall not affect any rights, remedies, or obligations that accrued prior to termination. Any provisions that are intended to survive termination, including those relating to payment, liability, recovery, dispute resolution, and data protection, shall remain in effect for as long as necessary to fulfil their purpose.
LIMITATION OF LIABILITY AND FORCE MAJEURE
1. De-Posit shall not be liable for the quality, condition, or suitability of the Rental Property, nor for any disputes between the Tenant and the Landlord arising from the Lease Agreement.
2. To the maximum extent permitted by law, De-Posit’s liability under this Agreement is limited to the Billing Authorisation Value applicable to the Tenant. De-Posit shall not be liable for any indirect, incidental, special, or consequential damages, including loss of income, business interruption, or reputational harm.
3. De-Posit shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
  1. Acts of God or natural disasters;
  2. Pandemics or public health emergencies;
  3. Government restrictions or regulatory changes;
  4. Strikes, labour disputes, or civil unrest;
  5. War, terrorism, or political instability;
  6. Failure of public utilities, banking systems and outages, or communication networks.
In such cases, De-Posit’s obligations shall be suspended for the duration of the Force Majeure event without penalty or liability.
1. If a Force Majeure event materially affects De-Posit’s ability to provide the Billing Authorisation Service, De-Posit reserves the right to amend, suspend, or terminate the Service. Notice of such action shall be provided to the Tenant as soon as reasonably practicable.
DISPUTE RESOLUTION
1. Disputes between Tenant and Landlords
  1. Disputes between the Tenant and the Landlord may include, but are not limited to, disagreements over wear and tear deductions, repair-related set-offs, or charges for damages the Tenant disputes. These matters fall under the scope of the Lease Agreement and applicable rental legislation.
  2. De-Posit facilitates the processing of Permitted Charges submitted by the Landlord via a third-party payments vendor. The Tenant shall not block or prevent such charges from being processed under this Agreement.
  3. If the Tenant disputes a Permitted Charge, the Tenant and Landlord are solely responsible for resolving the matter. De-Posit does not assess the merit, legality, or accuracy of any Permitted Charge or Tenant dispute and shall not be held liable for any resulting loss, error, or misrepresentation.
  4. De-Posit may, at its sole discretion, communicate with either party regarding a Permitted Charge or dispute, but such communication does not imply any responsibility or liability for the outcome.
  5. If a dispute is resolved in favour of the Tenant, the Landlord shall be responsible for refunding the disputed portion of the Permitted Charge directly to the Tenant. The Tenant hereby waives any right of action against De-Posit for claims arising from the processing or facilitation of Permitted Charges in accordance with this Agreement.
2. Disputes between Tenant and De-Posit
  1. Any dispute between the Tenant and De-Posit arising from this Agreement shall first be resolved through good-faith negotiation. If unresolved, the matter shall be referred to mediation or arbitration in Gauteng, South Africa, in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules.
  2. The Tenant may lodge complaints with the Information Regulator under the POPIA, or with any other relevant financial or consumer protection authority.
  3. The Tenant agrees to pursue any claim against De-Posit on an individual basis and expressly waives the right to participate in any class action, collective proceeding, or representative claim. This waiver is enforceable under South African law, provided it is not contrary to public policy or statutory consumer protections.
SEVERABILITY

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the Agreement. The remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The Parties agree to replace any invalid or unenforceable provision with a valid, lawful provision that most closely reflects the original intent and commercial purpose of the severed clause.

GENERAL
1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
2. De-Posit reserves the right to amend, update, or modify the terms of this Agreement from time to time. Notice of any material changes shall be provided to the Tenant via the De-Posit Platform or other authorised communication channel. Continued use of the Billing Authorisation Service after such notice shall constitute acceptance of the amended terms.
3. Electronic acceptance, including digital signature, checkbox confirmation, or platform-based consent, shall be deemed valid and binding for all purposes under this Agreement. The Tenant waives any right to challenge the enforceability of this Agreement on the basis that it was entered into electronically.

De-Posit - Tenant Terms of Use Agreement

Effective Date: 7 January 2026

DEFINITIONS
1. Administration Fee: means a fixed administrative fee charged to the Tenant in the event of a failed or missed payment of the Service Fee or any other amount due under this Agreement, such as but not limited to the Permitted Charges. The Administration Fee is intended to cover the reasonable costs incurred by De-Posit in managing and processing the default or recovery of Permitted Charges paid to the Landlord.
2. Agreement: This agreement between De-Posit and the Tenant.
3. Billing Authorisation: means an enforceable commitment to pay De-Posit for the Service Fee and Permitted Charges submitted by the Landlord via the De-Posit Platform Services, in an amount not to exceed the Service Fee and Billing Authorisation Value. Payment commitments are secured by the Tenant granting De-Posit an electronic or other mandate to recover amounts due under this Agreement, whether by monthly debit-order or preauthorisation for one or more Payment Methods for the billing of Permitted Charges.
4. Billing Authorisation Service: the functionality of the De-Posit Platform services that obligates the payment of Permitted Charges and allows De-Posit to collect Permitted Charges from a Billing Authorisation from the Tenant, and to compensate the Landlord for such Permitted Charges.
5. Billing Authorisation Value: the amount that the Landlord requires as security for Permitted Charges against the Billing Authorisation, as presented to and accepted by the Tenant on the De-Posit Platform at the beginning of a Billing Authorisation term, including any Administration Fees.
6. Claim: A request by the Landlord to recover Permitted Charges under the Billing Authorisation Service, in accordance with the terms of the Lease Agreement and substantiated with evidence.
7. Damages: Damages to the rental property as per the Lease Agreement.
8. De-Posit Platform: refers collectively to the De-Posit website, the mobile and web-based application (“App”) when applicable, and any other digital interface, media channel, or communication platform operated or controlled by De-Posit for the purpose of facilitating the Services, related services or any part thereof.
9. Guarantor: means any person or legal entity who agrees, by written consent, to assume financial responsibility for the Tenant’s obligations under this Agreement, including but not limited to the Service Fee and Billing Authorisation for rental payments, deposit amounts, Damages, penalties, or any other fees due to the Landlord or De-Posit. The Guarantor’s liability is joint and several with that of the Tenant and may be enforced independently of any action against the Tenant.
10. Landlord: means the owner of the Rental Property, the entity that has executed the Lease Agreement on behalf of the owner of the Rental Property, and/or an entity that is authorised to make Permitted Charges and collect other fees associated with the Rental Property and Lease Agreement, such as a property management company.
11. Lease Agreement: The agreement entered into between the Tenant and the Landlord for the rental of the Rental Property, in terms of which the Services or part thereof are elected.
12. Lease Term: the period during which the Lease Agreement is in effect, including all renewals thereof.
13. NCA: National Credit Act, 34 of 2005.
14. Payment Date: The date as per the Payment Mandate and agreed on the De-Posit Platform.
15. Payment Mandate: means any pre-authorised instruction or authorisation, whether electronic, written, or recorded, provided by the Tenant to De-Posit and/or its authorised payment service provider(s), permitting the automated collection of funds from the Tenant’s nominated bank account, card, or other approved payment instrument. This includes debit orders (recurring, ad hoc, or once-off), card authorisations, instant EFT, or other digital payment solutions made available by De-Posit from time to time. The Payment Mandate shall remain valid for the duration of this Agreement or until all outstanding amounts have been settled, and constitutes irrevocable consent for De-Posit to initiate payment collection without further notice, subject to applicable banking regulations and consumer protection laws.
16. Payment Method: means a current, valid and accepted method of payment as may by updated from time to time, such as a bank account or other acceptable payment service, including a Payment Mandate.
17. Permitted Charges: means charges limited to the Billing Authorisation Value, that the Tenant is deemed to owe the Landlord, as permitted by applicable law and the Lease Agreement, for Damages, failure to pay rent, utilities or any other such commitments as per the terms of the Lease Agreement, and submitted by the Landlord to be charged against a Billing Authorisation.
18. Personal Information: As defined under POPIA, including ID number, contact details, financial data, and credit history.
19. POPIA: Protection of Personal Information Act, 4 of 2013.
20. Rental Housing Act: Rental Housing Act, 50 of 1999.
21. Rental Property: means the residential property rented by the Tenant from the Landlord per the Lease Agreement.
22. Service Fee: means a non-refundable fee paid to De-Posit by Tenants utilising the Billing Authorisation Service in consideration for De-Posit providing the Landlord with a Authorised Payment Commitment and for access to the De-Posit Platform and any ancillary De-Posit services.
23. Services: The services provided by De-Posit under this Agreement, including: (i) the Billing Authorisation Service for facilitating payment of Permitted Charges to the Landlord; (ii) collection of Service Fees and other amounts via Payment Mandate; (iii) claim facilitation and recovery from the Tenant; (iv) eligibility assessments, including credit and affordability checks; (v) secure processing of Personal Information in compliance with POPIA; and (vi) any related administrative or support functions necessary to deliver or enforce this Agreement.
24. Tenant: means any natural person, group of persons, or legal entity that:
  1. enters into the Lease Agreement with the Landlord for the rental and/or occupation of the Rental Property;
  2. assumes responsibility for payment of deposits, fees, or other onboarding requirements; and/or
  3. participates in the Billing Authorisation Service by providing or facilitating a Payment Method.
  For the purposes of this Agreement, a “Tenant” may also include any individual or entity, such as a parent, guardian, friend or sponsor, who does not reside in the Rental Property but co-signs the Lease Agreement, provides financial support, or authorises payments on behalf of the primary occupant, whether in the capacity of an additional payer, guarantor, or otherwise.
25. Tenant Information: means data and Personal Information that the Landlord or agent provides to De-Posit, which may include the Tenant’s name, Rental Property details, Security Deposit amount, Lease Agreement terms, information, and/or documentation related to Permitted Charges and other relevant information, including updates about charges to this information, to be used by De-Posit for the provision of the De-Posit Platform Services.
26. Security Deposit: means the traditional cash amount specified in the Lease Agreement or any other written agreement between the Landlord and Tenant, which is paid by the Tenant and typically held by the Landlord or a rental agent. This deposit is governed by the provisions of the Rental Housing Act, to cover unpaid rental amounts, costs of repairing Damages beyond normal wear and tear and any other lawful charges permitted under the Lease Agreement or applicable legislation.
SERVICE OVERVIEW
1. Traditionally, landlords require a Security Deposits to safeguard against potential losses arising from missed rental payments, property damage beyond normal wear and tear, or other tenant-related contingencies. The Billing Authorisation Service offered by De-Posit provides a modern alternative to this practice. Instead of requiring an upfront cash deposit from the Tenant, the Services enables Landlords to accept a preauthorised payment arrangement, either in full or in part, as a substitute for the Security Deposit. Through this arrangement, De-Posit undertakes to assume and settle any qualifying financial obligations (“Permitted Charges”) on behalf of the Tenant and then recovering such Permitted Charges from the Tenant. This mechanism offers Landlords comparable protection while reducing the upfront financial burden on Tenants.
2. The Tenant expressly acknowledges and agrees that:
  1. The payment of the Service Fee and the Services provided under this Agreement, including the Billing Authorisation Service and any related recovery mechanisms, do not constitute an insurance policy or contract of insurance. De-Posit does not indemnify the Tenant against loss, nor does participation in the Services absolve the Tenant of any legal or financial liability under the Lease Agreement or applicable law.
  2. Any amount paid by De-Posit to the Landlord under the Services, which is not successfully recovered through the Billing Authorisation Service, shall constitute a recoverable debt owed by the Tenant to De-Posit, and may be pursued in accordance with applicable laws and this Agreement.
  3. Except as provided in Clause 2.2.4 below, the Services under this Agreement do not constitute a credit agreement, loan, or any other form of credit transaction as defined in the National Credit Act (“NCA”). De-Posit does not advance, defer, or extend credit to the Tenant. The Services operate solely as a deposit replacement and payment facilitation mechanism.
  4. To the extent that interest is charged on overdue amounts payable by the Tenant under this Agreement, such charges may constitute an incidental credit agreement as contemplated in section 1 of the NCA. De-Posit shall comply with the applicable provisions of the NCA relating to incidental credit agreements, including disclosure and interest rate limitations. For clarity, the existence of such incidental credit agreements does not require De-Posit to register as a credit provider under the NCA.
DE-POSIT PLATFORM SERVICES TERMS AND ELIGIBILITY
1. An application by the Tenant to qualify for the Billing Authorisation Service must be submitted and processed through the De-Posit Platform. In order for an application to be considered, the Tenant must acknowledge and agree to the following eligibility requirements:
  1. Be at least 18 years of age and a permanent resident of the Republic of South Africa.
  2. Provide accurate, complete and up-to-date personal and financial information as requested by De-Posit.
  3. Consent to background screening, rental history records, credit checks, and affordability assessments, the results of which will be evaluated using De-Posit’s proprietary eligibility risk model.
  4. Execute a valid Payment Method and grant a Payment Mandate for De-Posit to charge one or more approved Payment Methods for any Permitted Charges that becomes due.
  5. Provide accurate and verifiable bank account details.
  6. Not be subject to debt review, sequestration, administration, or any other form of legal insolvency proceedings.
2. Meeting the above criteria in 3.1 does not guarantee approval to qualify for any of the Services. Final eligibility is determined solely by De-Posit, based on the outcome of its risk assessment process as described in 3.1.3.
3. De-Posit shall assess each Tenant’s application individually, applying its eligibility risk model, which may include but is not limited to background checks, credit risk ratings, and rental history evaluations.
4. De-Posit reserves the right to revoke a Tenant’s eligibility at any time if any information provided is found to be false, misleading, incomplete, or materially inaccurate.
5. De-Posit retains full discretion to approve or deny any application to use the Billing Authorisation Service and may restrict access to the Services at any time, without obligation to provide reasons.
SERVICE FEES AND PAYMENT
1. Upon successful completion of the eligibility assessment, De-Posit shall notify the Tenant of the outcome via the De-Posit Platform or any other authorised communication channel. If the application is approved, De-Posit will provide the Tenant with written confirmation of the applicable Service Fee and any related charges such as, but not limited to initial fees and the Administration Fee. The Tenant may then elect to accept or decline the Service Fee and proceed with or withdraw from the Billing Authorisation Service accordingly.
2. By electing to accept and signing up for the Billing Authorisation Service, the Tenant
  1. agrees to pay to De-Posit a non-refundable monthly and/or once-off Service Fee, and
  2. acknowledge that any claim for Permitted Charges made by the Landlord that meets the conditions of the Billing Authorisation Service is owed by the Tenant to De-Posit, unless the Tenant settled such Permitted Charges to the Landlord directly and is able to provide satisfactory proof thereof.
3. The Tenant shall be liable for all applicable fees as published on the De-Posit Platform or otherwise communicated by De-Posit. These fees may include, but are not limited to initial fees for signing up for the Services and the Service Fee, banking charges and fees for failed or reversed transactions and any other charges reasonably presented or disclosed by De-Posit and not included in the Service Fee.
All fees are exclusive of applicable taxes unless stipulated otherwise. Should De-Posit incur any taxes on behalf of the Tenant in connection with this Agreement, the Tenant shall reimburse De-Posit in full for such amounts.
1. Service Fees are non-refundable and payable in advance on the payment date, with the first payment due as per the Payment Mandate. No credits or refunds or partial refunds shall be issued for Service Fees, regardless of payment frequency, cancellation, or termination.
2. De-Posit may revise its pricing structure at any time, provided that the Tenant is given no less than thirty (30) calendar days’ prior notice.
3. All payments under this Agreement shall be made in South African Rands (ZAR), unless otherwise specified and agreed in writing.
4. The Landlord acknowledged, and the Tenant hereby agrees, that the terms in the Lease Agreement pertaining to Security Deposits shall be construed to apply to Billing Authorisations to the extent that the Tenant shall be permitted to subscribe to the Billing Authorisation Service in satisfaction of the Tenant’s Security Deposit obligations under the Lease Agreement without need for an amendment to the Lease Agreement. Notwithstanding the foregoing, a Landlord may still require a corresponding amendment to the Lease Agreement or other documentation.
REPLACEMENT OF EXISTING SECURITY DEPOSIT
1. A Tenant who has previously paid a Security Deposit to the Landlord may apply to subscribe to the Billing Authorisation Service in order to replace such Security Deposit (the “Replaced Amount”) with the Billing Authorisation Service.
2. Upon the Tenant’s successful approval for the Billing Authorisation Service and payment of the applicable Service Fee, De-Posit shall notify the Landlord accordingly. The Tenant will typically receive the Replaced Amount from the Landlord within seven (7) calendar days of such notice, unless otherwise agreed between the parties.
3. If the Landlord fails to release the Replaced Amount to either the Tenant or De-Posit within a reasonable period following notification, De-Posit reserves the right to cancel the Billing Authorisation Service without any liability to the Tenant. In such event, the Tenant shall remain responsible for satisfying any Security Deposit obligations under the Lease Agreement.
PERMITTED CHARGES - CLAIMS AND RECOVERY
1. The Tenant acknowledges their ongoing obligation to pay rent and maintain the Rental Property in accordance with the Lease Agreement. Participation in the Billing Authorisation Service does not relieve the Tenant of these responsibilities.
2. If the Tenant fails to meet their obligations under the Lease Agreement and the Landlord is unable to recover outstanding rent, Damages, or other lawful charges directly and which are covered under the Billing Authorisation, the Landlord may submit a claim to De-Posit in accordance with this Agreement for Permitted Charges.
3. Claims for Permitted Charges must be supported by documentation provided by the Landlord, including but not limited to:
  1. Rental statements;
  2. Inspection reports conducted in accordance with the Rental Housing Act; and
  3. Invoices or other evidence of loss or damage.
4. Upon receiving a claim, De-Posit shall assess its validity based on the supporting documentation.
5. The Tenant shall receive notification of any Permitted Charges via the De-Posit Platform, email, or other acceptable communication channels as defined in this Agreement. Such notifications shall include relevant details and supporting documentation provided by the Landlord. The Landlord may, in certain circumstances, revise a Permitted Charge after initial submission, subject to providing supporting documentation supporting such revision. For any disputes relating to Permitted Charges, the Tenant must refer to the provisions related to disputes between the Tenant and Landlord, set out in Clause 18.1 of this Agreement.
6. If the claim is upheld, De-Posit may pay the approved amount to the Landlord or the Tenant will have the opportunity to settle the claim for Permitted Charges directly with the Landlord within five (5) business days of receiving the notification to avoid paying an Administration Fee.
7. Once the lease is terminated and the Tenant has vacated the Rental Property and returned possession (including keys), the Tenant shall no longer be entitled to dispute claims related to damages, unless agreed otherwise in the Rental Agreement.
8. The Tenant acknowledges and agrees that any outstanding amounts owed to De-Posit in connection with the Services, including but not limited to Service Fees and Permitted Charges and any Administration Fees, may be recovered by De-Posit in its own capacity, using any lawful means. These may include, without limitation:
  1. Initiating contact with the Tenant via the De-Posit Platform, email, telephone (including pre-recorded messages, robocalls, or AI-assisted calls), and SMS;
  2. Processing charges against the Tenant’s authorised Payment Methods, including the Payment Mandate (s), for the full amount of Permitted charges due, which shall constitute an acknowledgement of debt for the purposes of recovery;
  3. Instituting legal proceedings; and/or
  4. Engaging third-party debt collection agencies.
The Tenant remains fully liable for any unpaid amounts, and this clause shall survive termination of the Agreement until all outstanding balances are settled in full.
1. The Administration Fee shall be charged once per missed payment event and may be levied weekly for a maximum of three (3) consecutive weeks, unless the outstanding balance is settled earlier. The Administration Fee shall not apply where the Tenant has made payment of the Permitted Charges directly to the Landlord within the grace period specified in Clause 6.6 or where the default is due to a verified banking error beyond the Tenant’s control.
2. Permitted Charges may be processed in full or in instalments, at De-Posit’s sole discretion, and without the need for separate or additional authorisation from the Tenant for each transaction, provided that a valid Payment Mandate is in place.
3. De-Posit reserves the right to:
  1. charge a lesser amount than the scheduled instalment on a scheduled payment date in order to reduce the risk of a failed transaction; and/or
  2. initiate a charge on a date other than the originally scheduled payment date, provided that the Tenant is given at least three (3) calendar days’ prior notice via the De-Posit Platform, email, or other acceptable communication channels.
4. Where provided for in the Payment Mandate, De-Posit may utilise any access to assess the likelihood of a failed transaction before initiating a charge against any Payment Method.
5. De-Posit reserves the right to correct any errors, omissions, or inaccuracies in pricing, even where payment has already been requested or received from the Tenant. Any such corrections shall be communicated to the Tenant via the De-Posit Platform, email, or other acceptable communication channels.
6. Any amount due and unpaid under this Agreement shall accrue interest at a rate equal to the prevailing prime lending rate of De-Posit’s principal bank plus 2% per annum. Interest shall be calculated daily and compounded monthly from the date the payment became due until full settlement. The Interest shall be charged in addition to the Administration Fee.
7. The Tenant agrees to cooperate with De-Posit in resolving claims and to take reasonable steps to mitigate losses, including facilitating access for inspections and providing requested documentation.
8. Charges not disputed by the Tenant within thirty (30) calendar days from the date of the transaction shall be deemed accurate, final, and binding.
PAYMENT METHOD MAINTENANCE
1. The Tenant acknowledges that any Payment Method used to qualify for the Billing Authorisation Service forms part of De-Posit’s eligibility assessment and risk model. Accordingly, the Tenant may not remove or deactivate such Payment Method without first providing an alternative qualifying Payment Method, acceptable to De-Posit.
2. The Tenant is required to maintain at least one active and chargeable Payment Method on file with De-Posit at all times during the term of the Billing Authorisation. The Tenant certifies that, subject to Clause 9 relating to additional payers and Guarantors, they are the authorised holder or signatory of all Payment Methods provided and that no further consent from any third party is required or, if required, has been duly obtained.
3. The Tenant agrees to maintain sufficient available funds or credit limits in all Payment Methods on the scheduled debit or charge date. If a transaction fails due to insufficient funds or credit, the Tenant authorises De-Posit to reattempt the charge and recover any applicable returned-payment fees as disclosed in this Agreement. The Tenant acknowledges that their financial institution may impose additional fees, including overdraft or over-limit charges, and that the Tenant shall be liable for such charges.
4. De-Posit reserves the right to require the Tenant to update or replace their Payment Methods based on information received from payment service providers. If De-Posit determines that a Payment Method is invalid, inaccessible, unfunded, or otherwise inoperative, De-Posit may issue a written notice requiring the Tenant to add one or more qualifying replacement Payment Methods. The Tenant shall comply with such request within ten (10) calendar days of receipt. Failure to do so may result in suspension or termination of access to the Billing Authorisation Service and may constitute a breach of this Agreement.
5. As part of the Billing Authorisation Service, the Tenant authorises De-Posit to initiate periodic test transactions, each not exceeding five South African Rand (R5.00), to and from any authorised Payment Method. These transactions are solely for verifying the validity and connectivity of the Payment Method and shall be re-credited in full or deducted from any further fees payable. Such transactions are not related to Service Fees, Permitted Charges, or any other financial obligations under this Agreement.
6. By submitting bank account or credit card details via the De-Posit Platform, the Tenant authorises De-Posit and its servicers, assignees, or designees to initiate:
  1. a one-time debit or charge for any amount between one South African Rand (R1.00) and the full value of the initial fee, Service Fee or Permitted Charge; and
  2. recurring debits or charges for renewal Service Fees or Permitted Charges, which may be divided into monthly or weekly instalments at De-Posit’s discretion.
These authorisations shall remain in effect until revoked by the Tenant via written notice at least three (3) business days prior to the next scheduled payment. Revocation shall not affect payments already initiated.
1. In the event of a payment error, De-Posit reserves the right to initiate a one-time corrective debit or credit to the Tenant’s Payment Method. This authorisation is transferable and assignable to any successor or assignee of this Agreement.
2. By providing electronic consent, the Tenant agrees to all one-time and recurring debit or credit card authorisations described herein and acknowledges receipt of this authorisation agreement for their records.

7A. Payment Processor Requirements

De-Posit utilises one or more authorised third-party payment service providers (“Payment Processors”) to facilitate debit orders, electronic mandates, card-based payments, instant EFT, and other payment instructions required under this Agreement. By providing a Payment Method and issuing a Payment Mandate, the Tenant acknowledges and agrees that all payment collections made under this Agreement are subject to the rules, requirements, and processing standards prescribed by such Payment Processors, as well as the applicable regulations of the Payment Association of South Africa (PASA) and relevant banking institutions.
10. The Tenant expressly consents to any verification, authentication, mandate registration, tracking, date-adjustment, or other technical processes required by the Payment Processor to enable successful payment collection. This may include, without limitation, account verification services, OTP-based authentication, IP address validation, mandate storage, and the use of flexible or variable collection dates where required to align with salary cycles or banking rules.
11. The Tenant agrees that De-Posit may implement any processes, notifications, mandate formats, verification steps, or adjustments required by its Payment Processors, and that such requirements are deemed incorporated by reference into this Agreement. Nothing in this Agreement shall be interpreted as requiring De-Posit to act contrary to the mandate rules, verification processes, or regulatory obligations imposed by any Payment Processor or applicable law.
CHANGES AND TERMINATION OF BILLING AUTHORISATION
1. The Billing Authorisation shall remain valid for the duration of the Tenant’s Lease Agreement and shall continue in full force and effect thereafter until all amounts due to De-Posit or the Landlord under this Agreement, including Service Fees, Permitted Charges, Administration Fees, interest, and any other recoverable amounts, have been fully settled. Termination of the Lease Agreement shall not affect the Tenant’s liability for any outstanding amounts, and the Billing Authorisation shall survive such termination until final settlement af amounts due to De-Posit.
2. This Agreement shall automatically renew upon renewal of the Lease Agreement, provided that:
  1. the Tenant continues to pay the applicable Service Fee; and
  2. the renewal does not conflict with Clause 8.1 of this Agreement.
3. Modifications to the terms of a Billing Authorisation, including adjustments to the Billing Authorisation Value or duration, may be made with the written agreement of both the Landlord and De-Posit, provided that the Tenant is notified of such modifications via the De-Posit Platform, email, SMS, or other authorised communication channel. No modification shall be effective unless and until the Tenant has either expressly consented thereto or is deemed to have consented by continuing to utilise the Billing Authorisation Service and paying the applicable Service Fee after receiving such notification.
  1. Renewal of the Lease Agreement shall constitute the Tenant’s consent to an extension of the Billing Authorisation term, subject to De-Posit conducting a fresh eligibility assessment at the time of renewal. De-Posit shall apply its risk and affordability criteria as at the commencement of the original Lease Agreement and reserves the right, in its sole discretion, to accept or decline continuation of the Billing Authorisation Service. If the renewed Lease Agreement includes an increase in the required Security Deposit, such renewal shall also constitute the Tenant’s consent to a corresponding increase in the Billing Authorisation Value and an adjustment to the Service Fee, subject to the outcome of the eligibility assessment.
  2. Where the Landlord notifies De-Posit of a Lease renewal and/or increased Security Deposit requirement, whether via telephone (including pre-recorded messages, robocalls, or AI-assisted calls), email, SMS, or by uploading such details to the De-Posit Platform, this shall also constitute the Tenant’s consent to the corresponding changes in the Billing Authorisation.
4. De-Posit may continue to charge the Tenant applicable Service Fees on a monthly or annual basis beyond the initial lease term or stated Billing Authorisation period, provided that the Landlord has not formally closed the Billing Authorisation. The Billing Authorisation shall remain in effect, and the Tenant shall remain liable for all associated Service Fees, Permitted Charges, and other applicable fees, until De-Posit receives written confirmation from the Landlord that the Billing Authorisation may be terminated.
5. De-Posit shall terminate the Billing Authorisation only upon receipt of written confirmation from the Landlord that either:
  1. The Tenant has vacated the Rental Property and has no further financial or legal liability under the Lease Agreement; or
  2. The Tenant has paid the full equivalent of the Billing Authorisation Value directly to the Landlord.
**AUTHORISATION BY ADDITIONAL PAYERS AND GUARANTORS **
1. The Tenant represents and warrants to De-Posit that they have obtained valid authorisation from any additional payer and/or Guarantor not named on the Lease Agreement (each of whom shall be deemed a “Tenant” for the purposes of this Agreement) to enter and use such individual’s Payment Method(s) on the De-Posit Platform.
2. The Tenant acknowledges and agrees that any Payment Method entered into the De-Posit Platform on behalf of an additional payer or Guarantor is deemed to be preauthorised by that individual. De-Posit may charge such Payment Method(s) either in place of, or in addition to, the Tenant’s own Payment Methods on file, as necessary to recover amounts due under this Agreement.
3. Any additional payer or Guarantor whose Payment Method is used in connection with the Services shall be jointly and severally liable with the Tenant for all amounts due under this Agreement, including but not limited to Service Fees, Permitted Charges, Payment processing and facilitation fees, late payment penalties, failed transaction fees and interest charges.
4. Where an individual acts as an additional payer or Guarantor and provides a Payment Method for use on the De-Posit Platform, such individual expressly agrees that:
  1. All amounts due by the Tenant under this Agreement may be charged to their Payment Method without further notice, based on the preauthorisation granted;
  2. They shall be jointly and severally liable with the Tenant for all Permitted Charges and other amounts due;
  3. They shall not dispute, reverse, or initiate chargebacks for any authorised transaction processed by De-Posit under this Agreement; and
  4. They shall not remove, disable, or alter their Payment Method without De-Posit’s prior written consent.
5. The liability of any Additional Payer or Guarantor under this Clause shall be read together with, and is without prejudice to, the Guarantor’s obligations set out in Clause 10.
GUARANTOR LIABILITY
1. Where a third party (the “Guarantor”) has signed this Agreement or any related guarantee document, the Guarantor irrevocably and unconditionally undertakes to be jointly and severally liable with the Tenant for all financial obligations arising under this Agreement. This includes, but is not limited to, unpaid Service Fees, Permitted Charges, and any amounts advanced or recovered by De-Posit on behalf of the Landlord.
2. The Guarantor acknowledges and agrees that:
  1. This obligation is independent of the Tenant’s obligations and remains enforceable even if the Tenant defaults or this Agreement is terminated.
  2. De-Posit may proceed directly against the Guarantor without first exhausting remedies against the Tenant.
  3. The Guarantor consents to credit checks and the processing of Personal Information in accordance with the Protection of Personal Information Act, 2013 (POPIA).
  4. This clause shall constitute an acknowledgment of debt for the purposes of legal recovery.
3. The provisions of Clause 9 regarding authorisation and use of Payment Methods shall apply equally to any Guarantor who provides a Payment Method under this Agreement.
SUSPENSION, TERMINATION AND ELIGIBILITY
1. De‑Posit reserves the right to reassess the Tenant’s eligibility at any time, including by conducting updated credit checks or risk assessments. If the Tenant no longer meets the eligibility criteria, De‑Posit may suspend or terminate the Billing Authorisation Service with immediate effect. Such termination shall automatically trigger the recovery process described in Clause 6, whereby the Billing Authorisation Value will be collected and transferred to the Landlord as a Security Deposit.
2. Termination of the Billing Authorisation Service does not relieve the Tenant of any outstanding financial obligations, including Permitted Charges or any amounts advanced by De‑Posit on behalf of the Landlord. De‑Posit may pursue recovery of such obligations in accordance with Clause 6.
3. De‑Posit shall provide notice of any suspension or termination to the Tenant via the De‑Posit Platform or other authorised communication channel. Suspension or termination shall take effect on the date specified in the notice.
CESSION AND ASSIGNMENT OF DEBT
1. The Tenant acknowledges and agrees that any debt arising under this Agreement, including but not limited to unpaid Service Fees, Permitted Charges, and any amounts advanced or recovered by De-Posit on behalf of the Landlord, may be ceded, assigned, or sold by De-Posit to a third-party collection agency, legal recovery service, or financial institution without prior notice to the Tenant.
2. Upon such cession or assignment:
  1. The third party shall have full legal authority to recover the debt directly from the Tenant, including initiating legal proceedings or enforcement actions.
  2. All rights and obligations of De-Posit in respect of the ceded debt shall transfer to the third party, and the Tenant shall not raise any defence based solely on the fact of the cession or assignment.
  3. The Tenant shall remain liable for the full amount of the debt, including any interest, legal costs, or administrative fees incurred during the recovery process.
3. This clause shall constitute the Tenant’s prior written consent to any such cession or assignment, as contemplated under Section 65 of the National Credit Act, 2005 (where applicable), and shall be deemed sufficient for the purposes of compliance with any statutory notice requirements.
4. The Tenant acknowledges that any debt ceded under this clause remains subject to the recovery terms set out in Clause 6, acknowledgment of debt, and legal enforcement.
BREACH
1. Recovery of Permitted Charges under Clause 6 forms part of the Services and shall be affected automatically through the Payment Mandate or authorised Payment Methods as per the terms in Clause 6. Such recovery shall not constitute a breach of this Agreement.
2. A breach of this Agreement shall occur if the Tenant fails to comply with any material obligation, including but not limited to:
  1. De-Posit is unable to recover amounts due through the Payment Mandate or authorised Payment Methods after reasonable attempts;
  2. the Tenant obstructs, disables, or withdraws a Payment Method in violation of Clause 9 or fails to provide a valid replacement Payment Method when required;
  3. the Tenant fails to reimburse De-Posit for any amount advanced to the Landlord where recovery has been unsuccessful; or
  4. the Tenant provides false, misleading, or fraudulent information during onboarding, claim resolution, or eligibility reassessment.
3. Upon breach as defined in 13.1, De‑Posit shall issue written notice to the Tenant specifying the nature of the breach and granting ten (10) business days to remedy it, unless immediate enforcement is required under Clause 6. The Parties may agree in writing to extend the notice period.
4. If the Tenant fails to remedy the breach within the notice period:
  1. De-Posit may suspend or terminate the Billing Authorisation Service with immediate effect;
  2. Any amounts advanced or paid by De-Posit shall become immediately due and payable by the Tenant;
  3. De-Posit may initiate recovery proceedings, including legal action, interest accrual, and assignment or cession of the debt to third-party recovery agents as per Clause 12 above. The Tenant acknowledges that this clause constitutes an acknowledgment of debt for enforcement purposes.
  4. De-Posit reserves the right to report such default to registered credit bureaus in accordance with applicable laws. The Tenant acknowledges that such reporting may negatively affect their credit record and future creditworthiness.
5. Breaches, whether remedied or not, may result in permanent exclusion from De-Posit services at De-Posit’s sole discretion.
6. The Tenant shall be liable for all reasonable legal and administrative costs incurred by De-Posit in enforcing its rights under this clause, including:
  1. Legal costs on an attorney-and-client scale;
  2. Collection commission and tracing fees;
  3. Court filing, enforcement, and judgment execution costs.
DATA PROTECTION AND CONSENT
1. The Tenant consents to the collection, processing, and sharing of their Personal Information by De-Posit for purposes related to:
  1. Eligibility assessment and onboarding;
  2. Administration of the Billing Authorisation Service;
  3. Payment processing and recovery of Permitted Charges;
  4. Compliance with legal and regulatory obligations.
2. De-Posit undertakes to process Personal Information in accordance with the POPIA. All data shall be stored securely and retained only for as long as necessary to fulfil the purposes outlined in this Agreement or as required by law.
3. The Tenant may request access to, correction of, or deletion of their Personal Information by contacting De-Posit. Such requests shall be honoured subject to De-Posit’s legal and contractual obligations, including retention requirements under applicable law.
4. For any queries, concerns, or complaints related to the processing of Personal Information, the Tenant may contact De-Posit’s designated POPIA representative via the contact details provided on the De-Posit Platform. Provide contact details on platform
5. The Tenant acknowledges and consents that De-Posit may lawfully share Tenant Information relating to any payment defaults, Damages, and Permitted Charges with authorised third-party service providers and data aggregators, including but not limited to tenant profiling networks, such as TPN, and registered credit bureaus, for the purpose of enhancing tenant screening, rental history reporting, and credit risk assessments.
De-Posit undertakes that:
1. Such sharing shall be limited to information that is accurate, relevant, and necessary for the stated purpose;
2. All processing and disclosure of Tenant Information shall comply with the Protection of Personal Information Act, 4 of 2013 (“POPIA”), including requirements of lawfulness, minimality, and security safeguards;
3. Tenants retain their rights under POPIA, including the right to request access to, correction of, or deletion of their Personal Information, and the right to object to processing where legally permissible;
4. De-Posit shall ensure that any third party receiving Tenant Information is subject to appropriate confidentiality and data protection obligations, and is authorised under applicable law to collect and process such information.
TERMINATION
1. Subject to Clause 11, this Agreement shall remain in full force and effect for as long as the Tenant uses the De-Posit Platform Services or is enrolled in the Billing Authorisation Service, unless terminated earlier in accordance with this clause.
2. This Agreement may be terminated:
  1. Automatically upon expiry or lawful termination of the Tenant’s Lease Agreement and no claims submitted for Permitted Charges by the Landlord and if no amounts are due and payable to De-Posit;
  2. By De-Posit, with immediate effect, in the event of breach, non-payment, or loss of eligibility under Clause 11;
  3. By mutual written consent of both parties.
3. Upon termination:
  1. Any outstanding Service Fees, Permitted Charges, or amounts advanced by De-Posit shall become immediately due and payable;
  2. De-Posit may continue to recover such amounts using any authorised payment method or legal means, including litigation or third-party collection services;
  3. The Tenant shall not register or create a new account under their own name or any alias without De-Posit’s prior written consent.
4. Termination of this Agreement shall not affect any rights, remedies, or obligations that accrued prior to termination. Any provisions that are intended to survive termination, including those relating to payment, liability, recovery, dispute resolution, and data protection, shall remain in effect for as long as necessary to fulfil their purpose.
LIMITATION OF LIABILITY AND FORCE MAJEURE
1. De-Posit shall not be liable for the quality, condition, or suitability of the Rental Property, nor for any disputes between the Tenant and the Landlord arising from the Lease Agreement.
2. To the maximum extent permitted by law, De-Posit’s liability under this Agreement is limited to the Billing Authorisation Value applicable to the Tenant. De-Posit shall not be liable for any indirect, incidental, special, or consequential damages, including loss of income, business interruption, or reputational harm.
3. De-Posit shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
  1. Acts of God or natural disasters;
  2. Pandemics or public health emergencies;
  3. Government restrictions or regulatory changes;
  4. Strikes, labour disputes, or civil unrest;
  5. War, terrorism, or political instability;
  6. Failure of public utilities, banking systems and outages, or communication networks.
In such cases, De-Posit’s obligations shall be suspended for the duration of the Force Majeure event without penalty or liability.
1. If a Force Majeure event materially affects De-Posit’s ability to provide the Billing Authorisation Service, De-Posit reserves the right to amend, suspend, or terminate the Service. Notice of such action shall be provided to the Tenant as soon as reasonably practicable.
DISPUTE RESOLUTION
1. Disputes between Tenant and Landlords
  1. Disputes between the Tenant and the Landlord may include, but are not limited to, disagreements over wear and tear deductions, repair-related set-offs, or charges for damages the Tenant disputes. These matters fall under the scope of the Lease Agreement and applicable rental legislation.
  2. De-Posit facilitates the processing of Permitted Charges submitted by the Landlord via a third-party payments vendor. The Tenant shall not block or prevent such charges from being processed under this Agreement.
  3. If the Tenant disputes a Permitted Charge, the Tenant and Landlord are solely responsible for resolving the matter. De-Posit does not assess the merit, legality, or accuracy of any Permitted Charge or Tenant dispute and shall not be held liable for any resulting loss, error, or misrepresentation.
  4. De-Posit may, at its sole discretion, communicate with either party regarding a Permitted Charge or dispute, but such communication does not imply any responsibility or liability for the outcome.
  5. If a dispute is resolved in favour of the Tenant, the Landlord shall be responsible for refunding the disputed portion of the Permitted Charge directly to the Tenant. The Tenant hereby waives any right of action against De-Posit for claims arising from the processing or facilitation of Permitted Charges in accordance with this Agreement.
2. Disputes between Tenant and De-Posit
  1. Any dispute between the Tenant and De-Posit arising from this Agreement shall first be resolved through good-faith negotiation. If unresolved, the matter shall be referred to mediation or arbitration in Gauteng, South Africa, in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules.
  2. The Tenant may lodge complaints with the Information Regulator under the POPIA, or with any other relevant financial or consumer protection authority.
  3. The Tenant agrees to pursue any claim against De-Posit on an individual basis and expressly waives the right to participate in any class action, collective proceeding, or representative claim. This waiver is enforceable under South African law, provided it is not contrary to public policy or statutory consumer protections.
SEVERABILITY

GENERAL
1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
2. De-Posit reserves the right to amend, update, or modify the terms of this Agreement from time to time. Notice of any material changes shall be provided to the Tenant via the De-Posit Platform or other authorised communication channel. Continued use of the Billing Authorisation Service after such notice shall constitute acceptance of the amended terms.
3. Electronic acceptance, including digital signature, checkbox confirmation, or platform-based consent, shall be deemed valid and binding for all purposes under this Agreement. The Tenant waives any right to challenge the enforceability of this Agreement on the basis that it was entered into electronically.

Terms & Conditions

Terms & Conditions