Terms And Conditions

CloudNerd Rental Agreement

These terms and conditions constitute a rental agreement between CloudNerd and the Client for the provision of equipment. By entering into this agreement, the Client acknowledges that they have read and understood the following terms and conditions.

1. Agreement

This agreement outlines the terms and conditions governing the rental of equipment by the Client from CloudNerd on a month-to-month basis. The equipment will be installed and used at the Client’s premises.

2. Duration

The agreement commences on the Commencement Date and continues indefinitely unless either party provides written notice of termination 30 business days in advance, or as stipulated in clause 12.

3. Rental, Maintenance Fees, and Usage Rates

The Client agrees to pay the monthly rental fees, maintenance fees, and usage rates specified in Annexure A. The Client warrants sufficient funds in their bank account to cover the debit order deductions. All amounts due will be deducted monthly in arrears from the Client’s bank account via debit order. The Client consents to this debit order process. Rental charges are prepaid monthly, while usage and maintenance charges are paid in arrears monthly.

4. Credit Check

The Client consents to CloudNerd performing a credit check with any applicable credit bureaus.

5. Delivery and Installation

CloudNerd will deliver and install the equipment and cabling (if necessary) at the Client’s premises during working hours. CloudNerd will not be responsible for any loss or damage arising from delays or failure to deliver and/or install the equipment due to circumstances beyond their control. If the Client relocates, they are liable for all relocation and reinstallation costs of the equipment and cabling.

6. Condition of Equipment

The Client acknowledges that they have received the equipment in the condition outlined in the Acceptance Certificate. The equipment must only be used for its intended purpose. The Client is prohibited from interfering with, attempting to repair, or modifying the equipment. CloudNerd reserves the right to substitute any part of the equipment at their discretion.

7. Ownership and Risk

The equipment remains the property of CloudNerd at all times unless purchased outright by the Client. Ownership of the rental equipment will not transfer to the Client under any circumstances. The Client is responsible for ensuring the equipment is not subject to any claims, liens, or legal processes. Upon termination of this agreement, the Client must return the equipment to CloudNerd in the same condition it was received, with allowance for fair wear and tear. Risk in and to the equipment passes to the Client on the delivery date at the Client’s premises.

8. Indemnity

The Client indemnifies and holds CloudNerd harmless to the fullest extent permitted by law against all loss, liability, damage, and expense suffered by the Client resulting from or attributable to:

• The equipment and/or the Client’s use or possession of the equipment.
• Any defect or default of the equipment.
• The Client’s inability to use the equipment, whether complete or partial.

9. Maintenance, Repairs, and Damage

CloudNerd will maintain the equipment as per the service levels and fault reporting procedures detailed on their website (https://cloudnerd.co.za/). If any loss, damage, or malfunction is attributable to the Client’s negligence or conduct, the repair costs will be borne by the Client. CloudNerd’s technician shall have access to the equipment at the Client’s premises during normal working hours or remotely, as required. No unauthorized personnel are permitted to perform maintenance, repairs, or modifications to the equipment.

10. CloudNerd’s Rights

CloudNerd is entitled to recover from the Client all costs and expenses incurred as a result of any breach of this agreement by the Client.

11. Cession and Assignment

The Client is not entitled to cede any of their rights under this agreement without CloudNerd’s prior written consent.

12. Breach

CloudNerd may terminate this agreement if the Client commits a material breach of any of the terms and fails to remedy the breach within 3 days of demand.

13. Domicile

For the purposes of serving legal notices and processes, this agreement shall be governed by the domicile of [insert relevant domicile].

14. General Provisions

14.1. Entire Agreement

This agreement constitutes the entire agreement between the parties regarding the lease of the equipment. No amendments are binding unless made in writing.

14.2. No Waiver

No extension of time granted by either party shall be binding unless in writing.

14.3. Warranties and Representations

CloudNerd is not bound by any warranties or representations not expressly contained in this agreement.