Terms and Conditions
These are the standard terms of our Property Management Mandate. They apply together with the Client Property Management Onboarding Pack signed by each landlord, which records the property, authority limits, banking details and fees.
Part A: Property Management Mandate
1. Parties and Contract Documents
1.1Matterhorn. Matterhorn Asset Management (Pty) Ltd, registration number 2026/071362/07 (Matterhorn), is appointed as property manager in accordance with this Mandate.
1.2Landlord. The Landlord is the person or entity identified in the signed Client Property Management Onboarding Pack.
1.3Property. The Property means each property or unit identified in the signed Onboarding Pack.
1.4Agreement. This Property Management Mandate and Terms and Conditions and the signed Client Property Management Onboarding Pack are to be read together and collectively constitute the agreement between Matterhorn and the Landlord. The Onboarding Pack records property-specific information, selected authority limits, banking details and fees, while this document records the appointment, authority, obligations and legal terms governing the service.
1.5Conflict. If there is a conflict between a property-specific election expressly recorded in the signed Onboarding Pack and a general provision of this document, the property-specific election will prevail to the extent of that conflict, unless prohibited by law.
2. Appointment, Commencement and Duration
2.1Appointment. The Landlord appoints Matterhorn as property manager for the Property and authorises Matterhorn to perform the Management Services and exercise the authorities described in this agreement.
2.2Commencement. Management commences on the effective date recorded in the Onboarding Pack or otherwise agreed in writing.
2.3Duration. The Mandate continues until terminated in accordance with clause 21.
2.4Landlord Authority. The Landlord warrants that the Landlord owns the Property or has lawful authority to appoint Matterhorn, grant the authorities contained in this Mandate and provide the information supplied to Matterhorn.
3. Authority to Manage
3.1Tenant Communication. Matterhorn may communicate directly with Tenants concerning rental, lease administration, maintenance, utilities, inspections, arrears, access and other ordinary management matters.
3.2Lease Administration. Matterhorn may maintain lease records, monitor lease dates, communicate expiry and renewal matters and prepare leases, renewals and addenda when instructed or authorised.
3.3Rental Administration. Matterhorn may maintain tenant account records, reconcile payments, issue statements and routine notices, allocate account information and administer ordinary rental-account queries.
3.4Arrears. Matterhorn may monitor arrears, issue routine reminders and notices, communicate with defaulting Tenants, administer authorised payment arrangements and escalate matters as provided in this agreement.
3.5Maintenance. Matterhorn may receive, log, coordinate and follow up maintenance requests and appoint or coordinate contractors within the Landlord's authority limits.
3.6Utilities and Recoveries. Matterhorn may administer recoverable utility and other tenant charges where sufficient supporting information is available.
3.7Insurance and Compliance. Matterhorn may coordinate ordinary insurance claims and routine compliance providers and certificates.
3.8Third Parties. Matterhorn may communicate with and coordinate contractors, attorneys, insurers, municipalities, bodies corporate, homeowners associations and other relevant service providers where reasonably necessary to perform the Mandate.
4. Rental Collection and Trust Account
4.1Collection Authority. The Landlord authorises Matterhorn, once its required trust-account arrangements are lawfully operational, to instruct Tenants to pay rental and other applicable client monies into Matterhorn's designated trust account.
4.2Trust Money. All money received by Matterhorn in trust for the Landlord or Tenant will be administered separately from Matterhorn's operating funds and dealt with in accordance with applicable law, regulatory requirements, the lease and this agreement.
4.3Reconciliation. Matterhorn may identify, reconcile and allocate cleared payments to the relevant Tenant and Property account.
4.4Disbursement. Matterhorn will remit cleared rental proceeds due to the Landlord to the nominated rental-disbursement account recorded in the Onboarding Pack as soon as reasonably practicable after receipt and reconciliation, subject to lawful and expressly authorised deductions.
4.5Authorised Deductions. The Landlord authorises Matterhorn to make from monies otherwise due to the Landlord any property-related payment or deduction expressly authorised in the Onboarding Pack, this agreement or a subsequent written instruction, provided the deduction is lawful and properly recorded.
4.6No Rental Advance. Matterhorn is not required to advance or fund unpaid Tenant rental from its own funds.
4.7Banking Changes. Matterhorn may require reasonable identity and banking verification before acting on a change to the Landlord's nominated bank account.
5. Arrears and Legal Escalation
5.1Grace Period. Unless a lease or applicable law requires otherwise, Matterhorn may apply a standard three-day administrative grace period after the rental due date before commencing the ordinary automated arrears-reminder process.
5.2Daily Reminders. While recorded arrears remain outstanding, Matterhorn may issue daily arrears reminders by email and WhatsApp using approved templates, with the recorded outstanding amount populated automatically where system functionality permits.
5.3Payment Arrangements. Matterhorn may administer a payment arrangement approved by the Landlord or falling within authority separately delegated by the Landlord.
5.4Legal Handover. Where formal legal action is reasonably required, Matterhorn may prepare available lease, account and supporting information and coordinate handover to an attorney.
5.5Legal Costs. Attorney, sheriff, court, tracing, tribunal and related external legal costs remain for the Landlord's account unless lawfully recovered from another party.
5.6Matterhorn Fee. Ordinary arrears management and legal handover or attorney coordination are included in the monthly management fee.
6. Maintenance Authority
6.1Authorisation Limit. Matterhorn may coordinate and approve routine maintenance up to the per-incident maintenance authorisation limit selected in the Onboarding Pack.
6.2Above Limit. Except in an emergency under clause 6.3, work above that limit requires the Landlord's approval.
6.3Emergency Work. If Matterhorn reasonably believes immediate action is necessary to protect persons, secure the Property, restore an essential service or prevent material damage, and the Landlord cannot reasonably be reached in time, Matterhorn may arrange reasonable emergency work notwithstanding the ordinary authorisation limit.
6.4Costs. Contractor, material and other third-party maintenance costs are for the Landlord's account unless expressly agreed otherwise.
6.5Independent Contractors. Contractors and service providers are independent third parties. Matterhorn will exercise reasonable care in coordination but does not warrant their workmanship, availability, pricing or independent performance.
7. Management Fee and Debit Order
7.1Total Monthly Management Fee. The Landlord agrees to pay the Total Monthly Management Fee calculated and recorded in Section 8 of the signed Onboarding Pack.
7.2Fixed-Fee Model. The management fee is a fixed per-unit monthly fee determined by the current contractual monthly rental and is not calculated as a percentage of rental income.
7.3Debit Order Authority. The Landlord authorises Matterhorn to collect the Total Monthly Management Fee monthly by debit order from the nominated Landlord bank account recorded in the Onboarding Pack or a separate debit-order authority.
7.4Independent of Tenant Payment. The management fee is consideration for ongoing management services and remains due irrespective of whether the Tenant pays rental for that month.
7.5Failed Debit Order. No Matterhorn penalty is charged solely because a debit order fails. The unpaid fee remains immediately due, Matterhorn may reattempt collection and Matterhorn may request payment by another reasonable method.
7.6Set-Off or Recovery from Landlord Funds. To the fullest extent permitted by law, and only in respect of an amount that is due, payable and not genuinely disputed, the Landlord authorises Matterhorn to recover an unpaid Matterhorn fee from money otherwise due for disbursement to that Landlord, provided the recovery is lawful, properly recorded and does not involve withholding more of the Landlord's money than is reasonably necessary to satisfy the amount due.
7.7No Blanket Withholding. Matterhorn will not withhold the Landlord's entire rental proceeds merely as leverage for an unpaid Matterhorn fee where a lesser lawful recovery would satisfy the amount due.
8. Landlord Warranties and Acknowledgements
8.1Accuracy. The Landlord confirms that information and documents supplied to Matterhorn are complete and accurate to the best of the Landlord's knowledge.
8.2Reliance. Matterhorn may reasonably rely on information supplied by the Landlord, Tenant and relevant third parties unless Matterhorn knows or reasonably ought to know that it is materially incorrect.
8.3Property Costs. The Landlord remains responsible for property expenses and third-party costs identified in this agreement and the Onboarding Pack.
8.4No Investment Guarantee. Matterhorn does not guarantee occupancy, rental payment, rental growth, yield, capital appreciation, tenant conduct or investment performance.
Part B: Terms and Conditions
9. Definitions and Interpretation
9.1Management Services. The ordinary recurring property-management services expressly described in this agreement and the Onboarding Pack.
9.2Additional Services. Services outside the ordinary recurring Management Services that are separately priced in the Onboarding Pack or quoted and approved upfront.
9.3MatterhornOS. The technology platform used by Matterhorn to support property, tenant, financial, maintenance, document and communication administration, as available from time to time.
9.4Business Day. A day other than a Saturday, Sunday or South African public holiday.
9.5Writing. Writing includes email and other electronic communications capable of being retained, except where applicable law requires another form.
10. Standard Management Services
10.1Tenant and Lease Administration. Routine tenant communication, maintenance of relevant lease records and lease-date monitoring.
10.2Rental Administration. Tenant account records, payment reconciliation, statements where applicable, balance monitoring and ordinary rental-account administration.
10.3Arrears Administration. Routine arrears monitoring, reminders, tenant communication, authorised payment-arrangement administration and escalation.
10.4Maintenance Coordination. Maintenance logging, communication, quotation and approval workflow where appropriate, contractor coordination, progress follow-up and closure.
10.5Utilities and Recoveries. Administration of recoverable utility or other tenant charges where adequate supporting information is available.
10.6Financial and Document Administration. Maintenance of available property income and expense records, supporting documents and operational reporting through MatterhornOS or other agreed channels.
10.7Insurance Claims. Ordinary insurance-claim administration is included. Insurance excesses and uninsured third-party costs remain for the Landlord.
10.8Compliance. Routine compliance coordination is included. Certificate, contractor and provider costs remain for the Landlord.
10.9No Implied Services. A service is not included merely because it relates to the Property. Work materially outside the agreed scope may constitute an Additional Service.
11. Landlord Responsibilities
11.1Information. Provide complete, accurate and current ownership, property, tenant, lease, banking and supporting information.
11.2Existing Matters. Disclose known arrears, disputes, defects, maintenance issues, legal proceedings, insurance claims and payment arrangements.
11.3Funding. Fund maintenance, contractors, materials, municipal and body-corporate charges, insurance, legal costs, compliance costs and other Property expenses unless expressly agreed otherwise.
11.4Instructions. Provide timely owner approvals and instructions where Matterhorn cannot reasonably proceed without them.
11.5Insurance. Maintain appropriate insurance for the Property and comply with insurer requirements.
11.6Compliance. Remain responsible for ownership-level statutory, municipal, sectional-title, HOA and property compliance obligations except where Matterhorn expressly undertakes a specific coordination service.
11.7Changes. Promptly notify Matterhorn of material changes to ownership, contact details, banking, insurance, lease terms or legal status.
12. Fees and Additional Services
12.1Monthly Pricing. The current monthly management fee is R650 per managed unit where contractual monthly rental is below R15 000 and R1 000 per managed unit where contractual monthly rental is R15 000 or above.
12.2Tier Changes. The applicable management-fee tier changes from the effective date of a contractual rental adjustment that moves a unit across the R15 000 threshold.
12.3Multiple Units. For a Landlord with multiple managed units, the applicable per-unit fees are added together to determine the Total Monthly Management Fee recorded in the Onboarding Pack.
12.4Current Price Basis. The stated prices are the current amounts payable. No VAT is added while Matterhorn is not required to levy VAT. If Matterhorn later becomes legally required to levy VAT or the parties agree to a prospective pricing change, Matterhorn may implement the change on reasonable written notice and in accordance with applicable law.
12.5Inspections. Move-in inspection including written and photo report: R750. Move-out inspection including written and photo report: R750. Routine or ad-hoc physical inspection including report: R500.
12.6Lease Administration. Standard lease renewal: R500. New lease preparation, excluding tenant sourcing: R500. Lease amendment or addendum: R350.
12.7Major Works. Routine maintenance coordination is included. Genuine Major Works Project management is R2 000 for approved project values from R20 001 to R50 000; R4 000 for R50 001 to R100 000; and quoted and approved upfront above R100 000.
12.8Major Works Test. A high-cost single repair does not automatically constitute a Major Works Project. The project-management fee applies where Matterhorn genuinely performs substantial project-management work, including substantial coordination of multiple contractors or trades or an extended works programme.
12.9Exceptional Administration. Exceptional administration outside normal management will be quoted and requires the Landlord's approval before Matterhorn incurs the additional Matterhorn fee, except where urgent action is authorised elsewhere in this agreement.
12.10Third-Party Costs. External costs are not Matterhorn fees and remain for the Landlord's account unless expressly agreed otherwise.
12.11No Failed Debit or Cancellation Fee. Matterhorn charges no penalty solely for a failed debit order and no cancellation fee. The ordinary notice period and fees during that period remain applicable.
13. Deposits and Client Money
13.1Existing Deposits. The Landlord must disclose the amount, location and status of any existing Tenant deposit at onboarding.
13.2Administration. Any Tenant deposit received or administered by Matterhorn will be dealt with in accordance with the lease and applicable law.
13.3Release and Deductions. Any deduction from or release of a Tenant deposit must be supported and processed in accordance with the lease, applicable law, relevant inspection information and properly evidenced costs.
13.4No Operating Use. Tenant deposits and other client monies do not form part of Matterhorn's operating funds and may not be used as such.
14. Statements, Reports and Tax Information
14.1Administrative Records. Statements, account histories, reports and Tax Packs produced by Matterhorn or MatterhornOS are administrative records based on information available to Matterhorn and the system.
14.2No Tax or Legal Advice. Matterhorn does not provide tax, accounting, investment or legal advice merely by producing a report, statement, Tax Pack or property summary.
14.3Professional Advice. The Landlord remains responsible for obtaining advice from an accountant, tax practitioner, attorney or other professional where required.
14.4Corrections. Matterhorn may make appropriate corrections or adjustments to administrative records where an error or new supporting information is identified.
15. MatterhornOS and Electronic Communications
15.1Technology-Enabled Service. Matterhorn may use MatterhornOS and third-party hosting, email, WhatsApp, banking and communication infrastructure to provide the Management Services.
15.2Automated Communications. MatterhornOS may generate automated statements, reminders, alerts and communications based on recorded property and account information.
15.3System Availability. Matterhorn will take reasonable steps to maintain continuity but does not guarantee uninterrupted availability of third-party networks, hosting, messaging, banking, municipal or other external systems.
15.4Electronic Communication. The parties consent to ordinary operational communication by email, WhatsApp and other electronic contact channels supplied by them.
15.5Electronic Records. Electronic records, system logs and communications may be retained and relied upon as evidence of operational instructions, notices and transactions to the extent permitted by law.
16. Privacy and Personal Information
16.1Purpose of Processing. Matterhorn may collect, use, store, update, transmit and otherwise process personal information reasonably necessary to perform the Management Services, administer the contractual relationship, comply with law, protect legitimate interests and operate MatterhornOS.
16.2Sharing. Matterhorn may share relevant personal information with service providers, contractors, attorneys, insurers, payment and banking providers, technology providers, regulators and other parties where reasonably necessary for an authorised purpose or required by law.
16.3Landlord Warranty. The Landlord warrants that personal information supplied to Matterhorn has been collected and disclosed lawfully and that the Landlord will not knowingly instruct Matterhorn to process personal information unlawfully.
16.4Security. Matterhorn will implement reasonable technical and organisational safeguards appropriate to the nature of the information and the risks reasonably known to Matterhorn.
16.5Retention. Matterhorn may retain records for as long as reasonably necessary for the purposes for which they were collected, to comply with legal or regulatory duties, to resolve disputes and to establish, exercise or defend legal claims.
16.6Data Incidents. If Matterhorn becomes aware of a material security compromise affecting personal information under its control, Matterhorn will take reasonable steps required by applicable law, including investigation, containment and any required notification.
17. Third-Party Information and Services
17.1Third-Party Records. Matterhorn is not the originator of municipal accounts, utility bills, body-corporate statements, insurer decisions, contractor invoices or other third-party records.
17.2Administration. Matterhorn will administer third-party information reasonably when made available but is not responsible merely because a third party issues an incorrect, delayed or disputed charge.
17.3External Outages. Matterhorn is not responsible for municipal, utility, telecommunications, banking, hosting or other third-party service interruptions outside Matterhorn's reasonable control.
17.4Special Disputes. A substantial municipal, body-corporate, insurer or other third-party dispute requiring work materially outside normal management may constitute Exceptional Administration.
18. Insurance
18.1Landlord Insurance. The Landlord is responsible for maintaining suitable insurance for the Property, contents or fixtures for which the Landlord is responsible and any liability cover reasonably appropriate to the Property.
18.2Claims. Matterhorn may coordinate ordinary claims but does not guarantee that an insurer will accept, quantify or settle a claim.
18.3Excess and Uninsured Loss. Any policy excess, excluded amount or uninsured loss remains for the Landlord's account unless legally recoverable from another party.
19. Liability, Indemnity and Risk
19.1Standard of Care. Matterhorn will perform the Management Services with reasonable care and skill and in accordance with the authority granted to it.
19.2Third-Party and External Events. Subject to applicable law, Matterhorn is not liable for loss caused solely by Tenant default or misconduct, an independent contractor or service provider, third-party system or utility failure, latent or structural defects, crime, force majeure, inaccurate information supplied by another person, or the Landlord's act, omission, delay or instruction, except to the extent that Matterhorn's own negligent or unlawful conduct caused or materially contributed to the loss.
19.3Indirect Loss. To the fullest extent permitted by law, Matterhorn will not be liable for indirect, special or consequential loss, loss of profit, loss of opportunity or loss of anticipated rental or investment return, except where such exclusion is prohibited by law.
19.4Liability Cap. To the fullest extent permitted by law, Matterhorn's aggregate contractual liability to the Landlord arising from a single event or series of related events will not exceed the total management fees actually paid by that Landlord to Matterhorn during the six months immediately preceding the event giving rise to the claim. This limitation does not apply to liability that cannot lawfully be limited, including liability arising from fraud, wilful misconduct or other liability that applicable law expressly prohibits Matterhorn from limiting.
19.5Landlord Indemnity. To the fullest extent permitted by law, the Landlord indemnifies Matterhorn and its officers and employees against third-party claims, costs and losses arising from the Landlord's breach of this agreement, unlawful or negligent instruction, material non-disclosure, lack of authority, failure to maintain the Property or required insurance, or a defect or condition of the Property for which Matterhorn is not responsible, except to the extent caused by Matterhorn's own negligent or unlawful conduct.
19.6Duty to Mitigate. Each party must take reasonable steps to mitigate a loss for which it seeks recovery.
19.7Non-Excludable Rights. Nothing in this agreement excludes, restricts or waives a right or remedy that cannot lawfully be excluded, restricted or waived.
20. Breach
20.1Breach Notice. If either party commits a material breach capable of remedy, the other party may give written notice describing the breach and requiring it to be remedied within 10 Business Days, or such longer period as is reasonable in the circumstances.
20.2Failure to Remedy. If the breach is not remedied within the permitted period, the innocent party may exercise any lawful remedy, including termination of the agreement where the breach is sufficiently material.
20.3Urgent or Irremediable Breach. Where a breach is unlawful, fraudulent, threatens persons or property, creates material regulatory risk, or is not reasonably capable of remedy, Matterhorn may take reasonable immediate protective action and may suspend affected services or terminate to the extent permitted by law.
20.4Non-Payment. Persistent failure by the Landlord to pay amounts due to Matterhorn constitutes a breach. Matterhorn may suspend non-essential services after appropriate notice, but will not deal with trust money contrary to law or abandon steps reasonably necessary to protect persons or prevent immediate material property damage.
21. Termination and Handover
21.1Ordinary Termination. Either party may terminate the Mandate on 30 calendar days' written notice.
21.2No Cancellation Fee. Matterhorn charges no cancellation fee. The normal management fee remains payable during the notice period while Management Services continue.
21.3Effect of Termination. Termination does not extinguish management fees, approved Additional Service fees, third-party costs or other amounts properly incurred or due before the effective termination date.
21.4Handover. Following termination, Matterhorn will reasonably cooperate in handing over available property and tenant records and identifying open maintenance, arrears, legal and insurance matters, subject to applicable law, record-retention duties and reasonable system export capabilities.
21.5Final Trust Reconciliation. Matterhorn will deal with remaining trust monies and client funds in accordance with applicable law, the lease, lawful instructions and any outstanding authorised transactions.
22. Complaints and Disputes
22.1Internal Resolution. A party raising a complaint or dispute must first notify the other party in writing with reasonable detail and allow a reasonable opportunity to resolve it.
22.2Good-Faith Negotiation. If the dispute remains unresolved, the parties will attempt good-faith negotiation before commencing litigation, unless urgent relief is reasonably required.
22.3Mediation. The parties may agree in writing to refer a dispute to mediation. Mediation does not prevent a party from seeking urgent or interim relief.
22.4Regulatory Rights. Nothing in this agreement prevents either party from approaching a competent regulator, tribunal, ombud or court where entitled to do so.
22.5Governing Law. This agreement is governed by the laws of the Republic of South Africa.
23. Notices
23.1Chosen Contact Details. Each party chooses the physical and electronic contact details recorded in the Onboarding Pack or otherwise supplied in writing for notices and communications.
23.2Operational Notices. Ordinary operational communications may be sent by email or WhatsApp to the contact details supplied.
23.3Formal Notices. A formal notice of breach or termination must be sent by email to the nominated email address and, where reasonably practicable, also by WhatsApp or another recorded communication method.
23.4Receipt. An electronic notice is deemed received when it becomes capable of being retrieved by the recipient at the nominated address, subject to any contrary mandatory rule of law and proof that the message was not delivered.
23.5Changes. A party must promptly notify the other in writing of a change to its notice details.
24. General
24.1Entire Agreement. This document and the signed Onboarding Pack constitute the entire agreement concerning the Management Services, together with any later written variation validly agreed between the parties.
24.2Variations. A material variation must be recorded in writing and accepted by authorised representatives of both parties, except for a change that this agreement expressly permits Matterhorn to implement on notice.
24.3No Waiver. A failure or delay in enforcing a right does not constitute a waiver of that right.
24.4Severability. If any provision is invalid or unenforceable, it will be severed or read down to the minimum extent necessary, and the remaining provisions will continue to operate.
24.5Force Majeure. Neither party is liable for delay or failure caused by an event genuinely beyond its reasonable control, provided that the affected party takes reasonable steps to mitigate the effect and resumes performance when reasonably possible.
24.6Assignment. The Landlord may not cede or transfer the Mandate without Matterhorn's written consent, which will not be unreasonably withheld where the proposed transfer is connected to a lawful transfer of ownership. Matterhorn may transfer or subcontract operational functions to competent service providers but remains responsible for its own contractual obligations unless the agreement itself is lawfully assigned.
24.7Relationship. Nothing creates a partnership, joint venture or employment relationship between Matterhorn and the Landlord. Matterhorn acts as an independent property manager and agent only to the extent of authority granted in this Mandate.
24.8Counterparts and Electronic Signature. This agreement may be signed in counterparts and by an electronic signature or electronic acceptance method to the extent permitted by law.
25. Acceptance
25.1Acceptance. By signing the Mandate, the Landlord appoints Matterhorn under Part A, accepts Part B, confirms that this document is to be read together with the signed Client Property Management Onboarding Pack, and authorises Matterhorn to act within the authority granted by those documents.