TERMS AND CONDITIONS OF MEMBERSHIP THE AGENCY / AGENT HEREBY AGREES AND UNDERTAKES IN FAVOUR OF HOMESOLVE TO BE BOUND BY THE UNDERMENTIONED TERMS AND CONDITIONS 1. INTERPRETATION 1.1 "Agency" means the Agency or Agent as the case may be described above. 1.2 "Homesolve" means Homesolve (Pty) Ltd, Registration No. 2007/026644/07, a Company duly registered in accordance with the company laws of the Republic of South Africa with its registered address at Block C, Hilltops Office Park, Villiers Drive, Clarendon, Pietermaritzburg, P O Box 11931 Dorpspruit 3206, Tel. 033 345 3416, Telefax 033 345 3420 and e-mail address info@homesolve.co.za. 1.3 "Member or Members" means a member or members of the Network. 1.4 "Network" means an assembly of privileges and obligations created and owned by Homesolve and made available to its members as set out herein. 1.5 "Rules" means such rules as may be made in terms of these Terms and Conditions which determine the circumstances and manner in which the privileges offered by the Network may be enjoyed by the members as also the circumstances and manner in which the obligations shall be fulfilled. 1.6 "Terms and Conditions" means these Terms and Conditions including the Rules made in terms thereof. 1.7 The rule of construction in terms of which an agreement will be interpreted against the party responsible for the drafting and preparation of the agreement will not apply in the interpretation of this agreement. 1.8 A reference to any one gender shall include the other two, a natural person includes a juristic person and vice versa and the singular includes the plural and vice versa. 2. PRIVILEGES AND OBLIGATIONS OF THE AGENCY As member, the Agency shall:- 2.1 be entitled to list properties on the Homesolve website free of consideration. 2.2 be entitled to commission payable by the bond originator nominated by Homesolve in respect of applications for mortgage loans submitted by a member in terms of the Rules. 2.3 be entitled under the aegis of Homesolve and in terms of the Rules, to advertise properties in such sectors of the press designated by Homesolve. 2.4 be entitled as member of the Network to benefit from discounted rates offered from time to time by service providers to the Network. 2.5 enjoy the privileges of membership in the manner set out in the Rules. 2.6 comply with Rules of the Network. 2.7 maintain its membership of and compliance with the Rules of the Estate Agency Affairs Board’s Code of Conduct. 2.8 at all times be in possession of a Fidelity Fund Certificate issued by the Estate Agency Affairs Board. 2.9 not have any right or power nor purport to represent to Homesolve or the Network nor shall the Agency have any right or power or purport to bind Homesolve or the Network. 2.10 have no right to a claim or to recourse of whatever nature and howsoever arising against Homesolve or the Network and does hereby indemnify Homesolve and the Network and hold each of them, jointly and severally harmless against any claim by any party arising from any representation, act or omission on the part of the Agency. 3. RIGHTS AND OBLIGATIONS OF HOMESOLVE Homesolve:- 3.1 shall manage and control the Network; and 3.2 shall continue to seek to expand the Network for the benefit of its members; and 3.3 shall negotiate and contract on behalf of the Network such agreements as may be of benefit to the Network and its members; and 3.4 may on a regular basis communicate with members by e-mail and other media, with regard to:- 3.4.1 existing benefits / privileges offered by the Network; and 3.4.2 the manner of accessing and enjoying such benefits / privileges; and 3.4.3 additional benefits / privileges acquired by Homesolve on behalf of the Network. 3.5 may arrange and conduct annual conferences for attendance by its members on such terms as may be required by circumstances. 3.6 may in its sole discretion amend the Terms and Conditions and Rules from time to time as may be required save that if an amendment is likely to have a materially adverse patrimonial impact on members and 75% (seventy five per centum) or more of the members oppose such amendment, such amendment shall not be effected. 3.7 shall terminate the membership of any member who fails to comply with the Terms and Conditions of membership and the Rules.