Terms & Conditions
In this document the following words shall have the following meanings:
1.1 “Agreement” – means these terms and conditions together with the Booking Form;
1.2 “Booking Date” – means the date of booking of the Client as indicated on the relevant Booking Form;
1.3 “Booking Form” – means the written form setting out amongst other things the details of the Client, the Studios, and the Booking Costs, which once signed shall form part of these terms and conditions;
1.4 “Building” – means the building in which the Studios are situated if applicable;
1.5 “Client” – means the person / s named on the Booking Form;
1.6 “Time Slots” –means the time /s chosen by Client for the rental as indicated on the relevant Booking Form;
1.7 “Deposit” – means 50% of the Rental Cost;
1.8 “Day (s)” – means calendar day(s);
1.9 “Lease Period” means the period commencing on the Booking Date and terminating at the end of the Time Slot / s booked as set out in the Booking Form;
1.10 “Parties” – means collectively the Platinum Studios and the Client, or either of them as the context may indicate;
1.11 “Studios” – means the studio/room as indicated on the Booking Form or as designated by Soundcast Studios;
1.12 “Rental Cost” – means the amount due to Soundcast Studios by the Client for the lease of the Studios as set out in the relevant Booking Form;
1.13 “Signature Date” – means the date of signature of the Booking Form.
1.14 “Soundcast Studios” – the a Company/Close Corporation called The Brynmor Project Trading as Soundcast Studios as named on the Booking Form;
1.15 “Studio inventory list” – an inventory list of all the rented studio’s equipment obtained from Soundcast Studios
Soundcast Studios in its capacity as duly authorized hereby lets the Studios to the Client which hires the Studios from Soundcastd Studios on the terms and conditions set out herein.
- BOOKING PROCEDURE
3.1 Upon receipt of a request for a booking of the Studios by the Client, Soundcast Studios will issue a Booking Form to the Client which when completed and signed shall be returned together with payment of the Deposit to Soundcast Studios.
3.2 Upon receipt of the signed Booking Form together with the required Deposit, the booking will be confirmed for the specified Studio.
3.3 Bookings for a specific Studio will automatically be cancelled if Soundcast Studios has not received the signed Booking Form, together with the required Deposit, within 7 Business Days from the date the Booking Form was sent to the Client.
- SECURITY DEPOSIT
4.1 In addition to the Rental Costs, a security deposit in the form of a credit card authorization may be required from time to time in the amount requested by Soundcast Studios in writing or as set out in the relevant Booking Form. The security deposit will be held and will only be exercised in the event of damages to the relevant Studios.
4.2 The Client will be informed within 24 hours of their departure of any damages to the Studios, and any damages will then be claimed against the security deposit.
4.3 Damages are not limited to the amount set out on the relevant Booking Form and should any damages to the Studios exceed this amount then the Client will be held liable for additional costs over and above the amount of the security deposit.
4.4 In the event of damages an additional administration fee of ZAR 350.00 is payable by the Client to Soundcast Studios on demand.
- AMENDMENTS TO BOOKING
5.1 In the event of the Client wishing to amend its booking in any way, Soundcast Studios may elect, in its sole discretion and without obligation, to do so, in which event it shall be entitled to charge an amendment fee of 3% of the Rental Cost, which shall be payable on demand by the Client.
5.2 Soundcast Studios reserves the right to substitute the Studios with another similar or higher quality Studios should the chosen Studios not be available on the Arrival Date for any reason whatsoever.
- SPECIAL REQUESTS
The Client shall advise Soundcast Studios in writing on the Booking Form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the Client and payable on demand.
- PAYMENT TERMS
7.1 The Client shall make payment to Soundcast Studios as follows:
7.1.1 50% of the Rental Costs on the Signature Date, in order to confirm the booking for the Studios; and,
7.1.2 The balance of the Rental Costs shall be paid within 7 Days of the Arrival Date.
7.2 However where the Client makes a booking within 7 Days of the Arrival Date, full payment of the Rental Costs must be made immediately.
7.3 Soundcast Studios reserves the right to amend and increase the Rental Costs, even after acceptance by the Client, in the event of any adverse currency fluctuations, increases in government or statutory levies, and any increases levied by the Landlords.
7.4 Any revision in the Rental Costs will be commensurate with the change in the currency exchange rates or the increase in the amounts payable.
7.5 All payments to be made by a Client to Soundcast Studios shall be free of exchange, deduction or set-off of whatsoever nature. Payments shall be made by the Client to Soundcast Studios by way of:
7.5.1 direct transfer;
7.5.2 forex transfer;
7.5.3 credit card; or
7.5.4 debit card
7.6 The Client shall provide Soundcast Studios, upon making any payment with a credit / debit card, with written proof thereof in the form of a credit / debit card authorization form. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
- CANCELLATIONS AND REFUNDS
8.1 Cancellations of confirmed bookings for whatever reason may only take place according to the procedure outlined in this clause. All requests for cancellations shall be made by the Client in writing to Soundcast Studios and shall only be effective on the date of actual receipt by Platinum Studios.
8.2 The following cancellation fees shall be applicable where the Client cancels the booking prior to the Time Slots:
8.2.1 30 days or more notice prior to departure: 100% of the Deposit shall be refunded;
8.2.2 7 Days notice prior to arrival: 50% of the Deposit shall be refunded;
8.2.3 2 Days or less notice prior to arrival: no refunds will be made.
8.3 No refunds shall be made to Clients who make bookings less than 2 Days prior to arrival nor shall refunds be given to Clients who arrive early, late or who do not show for a booking. Clients are therefore strongly recommended to obtain their own comprehensive insurance to cover such contingencies.
8.4 Soundcast Studios reserves the right to refuse any request for a booking and shall not be required to offer any reason or explanation. In case of refusal Soundcast Studios shall reimburse all Booking Cost already paid despite the provisions of this clause 8.
The Agreement shall commence on the Signature Date and shall (subject to earlier termination under clause 10 and 19) terminate automatically without notice on Arrival Date or such other adjusted dates as may be agreed upon in writing between the Parties.
- CHECK IN AND CHECK OUT PROCEDURE
10.1 The Client must arrive at least 10 minutes before their Time Slot to check and complete any rental paperwork.
10.2 The Client may only start entering their booked Studio at the beginning of their Time Slot; unless otherwise arranged with Soundcast Studios.
10.3 It is the Clients’ responsibility to check the in-going Studio inventory list supplied by Soundcast Studios for the booked Studio
10.4 The Client is to check that all the items are present and working properly.
10.5 Once this Studio inventory list has been checked, the Client is to sign the booked in-going Studio inventory list and hand this inventory list, back to Soundcast Studios Management.
10.6 Should the client find that an item is missing or not functioning properly the Client is to report it within the first 15 minutes of your check-in time to avoid being charged for damage or loss of property unnecessarily.
10.7 Clients are required to start check-out procedures 15 minutes prior to the end of their Time Slots to ensure the studio is available for the next clients; allow the cleaners to prepare the Studio and for the Client and Soundcast Studios to jointly check and complete the check-out section of the Studio inventory list.
10.8 In the event that there is an item missing or damaged by the Client, the Client will be required to settle the replacement value before departure (saving fair wear and tear, depreciation etc.)
- CONDITION OF THE STUDIOS
11.1 The Studios are accepted as including all equipment, furniture, fittings and accessories as is and in the condition in which they are found, and shall be left in the same order and good condition, fair wear and tear accepted.
11.2 The Soundcast Studios take no responsibility for the breakdown or malfunction of equipment during the Clients use, however, every effort will be made to repair any faulty equipment which are reported.
11.3 A full inventory of the contents of the Studios will be given to the Client before arrival and should be checked on check-in. Any shortfall must be reported to Soundcast Studios immediately, failing which the inventories will be deemed to be correct.
11.4 The Client must report any damages to the Studios within 15 minutes of arrival/check-in, failing which the Studios will be deemed to have been in good order. Soundcast Studios will endeavor to make good any damages reported by the Client within 120 minutes of receipt of the report from the Client.
- DUTIES OF THE CLIENT
12.1 The Client shall;
12.1.1 keep the Studios clean, tidy, and habitable;
12.1.2 use the bathroom facilities for the specific purposes for which they are intended to be used;
12.1.3 take all reasonable measures to protect the Studios and all parts thereof (including all equipment, fixtures, fittings, appurtenances, appliances, equipment and keys) from abuse, damage, destruction, and theft;
12.1.4 take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the Studios;
12.1.5 ensure that all lights and appliances are not left on unnecessarily and switched off when leaving the Studios. Client is reminded that Cape Town is an energy saving conscious city;
12.1.6 ensure that all doors and windows are closed and or secured at all times, and that all furniture including but not limited to.
12.1.7 not use the Studios or allow them to be used, in whole or part, for any purpose other than that of a photographic, rehearsal or recording space;
12.1.8 not place or leave any article or other thing in or about any passage, lift, stairway, pathway, parking garage, or other common part of the Building so as to cause a nuisance or obstruction;
12.1.9 not bring into the Studios or the Building any article which, by reason of its weight or other characteristics, is liable to cause damage to the Building or the Studios;
12.1.10 not contravene any of the conditions of title of the Studios or any of the laws, rules or regulations affecting Landlords, clients or occupiers of the Studios or the Building;
12.1.11 not cause or commit any nuisance on the Studios or cause any annoyance or discomfort to other clients or occupiers of the Building;
12.1.12 not leave refuse or allow it to accumulate in or about the Studios except in the refuse bins provided;
12.1.13 refrain from interfering with the electrical, plumbing, or gas installations or systems serving the Studios or the Building;
12.1.14 not allow more than the specified persons as per the Booking Form to reside in the Studios at the same time;
12.1.15 not keep any live animals or birds on the Studios except with the prior written consent of Soundcast Studios;
12.1.16 not hang washing in any visible place in or about the Studios, or do or display anything else which causes the Studios or the Building to appear unsightly;
12.1.17 not redecorate the Studios unless agreed to in writing by Soundcast Studios;
12.1.18 not use any tobacco products or allow any other person to use tobacco products in or around the Studios. No cigarette stubs may be discarded in the Studios or on the communal Studios and stairs, nor be thrown from the Studios’ windows onto the surrounding Studios.
- ASSIGNMENT AND SUBLETTING
13.1 The Client shall not be entitled to:
13.1.1 cede or assign all or any of the rights and obligations of the Client under this Agreement;
13.1.2 to sublet the Studios in whole or part; or
13.1.3 to give up possession of the Studios to any third party.
- CLEANING SERVICES
14.1 Cleaning services are procured by third party suppliers and will be provided in the last 15 minutes of a Time Slot. The cleaning staff will only perform the following duties: clean studios, discard and replace the rubbish bins.
14.2 The Client may arrange in writing with Soundcast Studios for any additional cleaning services.
14.3 In the event of a disruption of the cleaning services Soundcast Studios will endeavor to find a replacement cleaner within a reasonable time.
- INTERNET ACCESS
15.1 Telephone and Internet connections are for the account of the Client and is paid via pre paid vouchers, alternatively the Client will be billed by Soundcast Studios on receipt of the billing information from the relevant service provider, such charges to be added to the Rental Costs and is payable on demand. 100mb Free Wifi is allocated to each Client using the facilities which is made available through RedButton who is a third party supplier. Soundcast Studios therefore cannot be held liable for this service in the event of any disruption of service.
15.2 Internet usage is strictly for email and web surfing, no downloads are permitted. Bandwidth will be capped at 1 Gigabyte unless an alternative arrangement is made with Soundcast Studios in writing.
- FAIR USAGE POLICY
Included in the cost of booking is the charge for the use and consumption by the Client of all electricity and water consumed upon the Studios. Clients are kindly requested to use electricity and water sparingly and only according to their needs. In the unlikely event that a Client uses and consumes a disproportionate amount of electricity and water then Soundcast Studios has the sole discretion to deduct any amount which it thinks fit, from the security and breakages deposit referred to in clause 4 above.
17.1 Should either Party breach any provision of this Agreement and fail to remedy such breach immediately after receiving written notice requiring such remedy, then (irrespective of the materiality of such breach or provision) the other Party shall be entitled, without prejudice to its other rights in law, including any right to claim damages, to cancel this Agreement or to claim immediate specific performance of all of the defaulting Parties’ obligations, whether or not then due for performance.
17.2 In the event of Soundcast Studios terminating this Agreement within its rights, then Soundcast Studios will be entitled to retake possession of the Studios immediately, without prejudice to its claims for any damages which it may suffer by reason of such breach and/or cancellation, or to any other remedy which it may have against the Client arising out of this Agreement or in law.
18.1 The Parties choose the addresses as set out on the relevant Booking Form as their respective domicilium citandi et executandi:
18.2 Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such a notice is received by the addressee, at least 7 (seven) calendar days prior to such a change taking effect.
- LIMITATION OF LIABILTY
19.1 The bookings are made on the express condition that the Landlord, Soundcast Studios, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including any indirect and/or consequential loss or damages whatsoever), accident, injury, illness, harm, death, delay or inconvenience to any Client, or their Studios, wherever, whenever and however the same may occur, including, but without limiting the generality of the aforesaid: –
19.1.1 any act or omission of the Landlord, Soundcast Studios or any agent or servant of or contractor of the Landlord and/or Soundcast Studios, whether or not negligent, or otherwise actionable at law, and including (without limiting the generality of the aforegoing) any act or omission of any cleaner, maintenance person, handyman, artisan, labourer, workman, watchman, guard, or commissionaire;
19.1.2 the condition or state of repair at any time of the Studios, the Building, or any part of the Studios or the Building;
19.1.3 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, or any other amenity or service to the Studios, or the Building, (including, without generality being limited, any cleaning service), whatever the cause;
19.1.4 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation or system situated in or on, or serving, the Studios, or the Building, and including (but without limiting the generality of the aforegoing) any lift, escalator, geyser, boiler, burglar alarm, or security installation or system, again regardless of cause;
19.1.5 any interruption of or interference with the enjoyment or beneficial occupation of the Studios or any of the common parts of the Studios or the Building caused by any building operations or other works to or in the Building or elsewhere on or about the Studios, or on adjacent properties whether carried out by the Landlord or by anybody else; or
19.1.6 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Studios, or the Building, whether or not the Landlord or Soundcast Studios could otherwise have been held liable for such occurrence or failure.
The Client hereby indemnifies the Landlord and Soundcast Studios for any loss or damage to Studios or injury to persons suffered on the Studios during the Lease Period.
- APPLICABLE LAW
This Agreement shall be interpreted and governed in all respects by the laws of the Republic of South Africa. The Parties furthermore consent, to the jurisdiction of the Magistrates Courts in terms of section 29 of the Magistrates Courts Act No: 32 of 1944 as amended despite that the amount at issue may exceed the limits of such jurisdiction.
22.1 This Agreement constitutes the sole record of the agreement between the Parties in regard to the subject matter thereof.
22.2 Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or reduced to writing and signed by the Parties or their representatives.
22.3 No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties,
22.4 No indulgence which either Party may grant to the other shall constitute a waiver of any of the rights of the grantor, unless reduced to writing and signed by both Parties.
22.5 Where any contradiction appears between the provisions of this Agreement and the Booking Form, the provisions of this Agreement shall prevail.
22.6 The Client hereby warrants that it has the capacity to and is authorized to conclude this Agreement, and that upon signature this Agreement will, continue to, bind it in all respects.
22.7 In the event that any of the provisions of this Agreement are found to be invalid, unlawful, or unenforceable such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.
22.8 The Client confirms that he has read and understood the description of the Studios that he has chosen as displayed on the website http://www.soundcaststudios.co.za .