Terms & Conditions of Service

PROPERTY AND CO. (PTY) LTD
Effective Date: 01 January 2026

1. INTRODUCTION: REAL ESTATE AS A SERVICE (REaaS)

We are not a traditional commission agency. We are a subscription service. You pay us a flat monthly retainer for our professional work. In exchange, we take 0% of your sale price.

1.1. Nature of Service: Property & Co. operates on a "Real Estate as a Service" (REaaS) model. The Client engages the Agency on a month-to-month retainer basis to perform professional marketing, administrative, and negotiation services.

1.2. 0% Commission: Unlike traditional agencies, Property & Co. does not charge a percentage commission on the sale price of the property.

1.3. Acceptance: By subscribing to a service tier via our website or signing a Mandate, the Client agrees to be bound by these Terms.

2. SUBSCRIPTION FEES & BILLING

Your subscription starts the day you sign up. You pay the first month immediately, and the recurring payment will go off on the same day each following month (e.g., if you join on the 14th, you pay on the 14th).

2.1. Payment Terms: Subscription fees are payable in advance on the 1st of every month via recurring Debit Order or Credit Card authorization.

2.2. Service Tiers: The fee is determined by the property value tier selected at the commencement of the mandate:

2.3. Non-Payment: Failure to meet a monthly payment constitutes a breach and will result in the immediate suspension of services, removal of online listings, and cessation of viewings.

3. THE 6-MONTH "SAFETY CAP" GUARANTEE

Your costs are strictly capped. You will never pay for more than 6 months. If we haven't sold it by then, the billing stops, and we work for free.

3.1. The Cap: The Agency guarantees that subscription billing will cease automatically after six (6) consecutive paid months.

3.2. Post-Cap Service: If the property remains unsold after the 6th payment, the Agency shall continue to market the property and facilitate the sale at R0.00 cost to the Client.

3.3. Condition: The "Work for Free" period is strictly subject to the "Active Partnership" conditions in Clause 5.

4. CANCELLATION & REFUNDS

This is a month-to-month service. You can cancel with 30 days' notice. No refunds for past months because the work has already been done.

4.1. Notice Period: The Client may terminate the mandate at any time by giving 30 calendar days' written notice.

4.2. No Refunds: Subscription fees cover operational costs (marketing, photography, administration) incurred during that month. Therefore, no refunds will be issued for subscription fees already paid.

4.3. Effect of Cancellation: Upon cancellation, the "Safety Cap" counter resets. If the Client re-joins at a later date, they start from Month 1.

5. ACTIVE PARTNERSHIP POLICY (PRICING)

We promise to work for free after Month 6, but only if you price correctly. If the market rejects the price and you refuse to adjust it, we reserve the right to cancel the service.

5.1. Post-Cap Conditions: To maintain the "Free Service" period after Month 6, the Client agrees to participate in a mandatory Price Review.

5.2. Pricing Alignment: If the Property remains unsold between Month 6 and Month 9, and receives zero Offers, the Client agrees to adjust the Listing Price to align with the Agent’s Comparative Market Analysis (CMA).

5.3. Termination for Non-Cooperation: If the Client refuses to adjust the Listing Price despite market evidence (as defined in 5.2), the Agency reserves the right to terminate the mandate and withdraw the listing.

6. LIMITATION OF LIABILITY

6.1. Property & Co. acts as a marketing and intermediary / facilitation agent. We do not guarantee a sale, nor do we guarantee a specific sale price.

6.2. The Agency is not liable for any indirect or consequential losses arising from the failure to sell the property within a specific timeframe.

7. POPIA (DATA PRIVACY)

7.1. By using our services, the Client consents to the processing of their personal information for the purpose of the transaction.

7.2. The Client agrees that contact details may be shared with the Agency’s Bond Origination partners for the sole purpose of facilitating the finance application.