TERMS OF
SERVICE.

These terms apply to all engagements between Kaekani Pty Ltd. (“Kaekani”) and the client (“you”) for the services described below. Engagement is confirmed by an executed proposal, statement of work, written instruction or email acceptance — at which point these terms form part of the agreement, save where expressly varied in writing.

Kaekani provides advisory and project delivery services in the following domains:

• SMART property consulting — feasibility, scope and architecture for connected residential and mixed-use developments.
• FTTH and broadband project management — civils coordination, contractor and ISP management, governance and reporting.
• Building automation advisory — device and platform selection, integration, commissioning and operations service-level support.

The exact scope, deliverables, timeline and fees for any engagement are set out in the relevant proposal or statement of work.

All methodologies, frameworks, templates, software, drawings, models, know-how and pre-existing materials used by Kaekani in the delivery of services remain the exclusive property of Kaekani. Project-specific deliverables produced for you are licensed for your internal use in connection with the property or programme they were produced for, and may not be on-sold, reproduced or repurposed for other developments without Kaekani's prior written consent.

Materials provided by you, or by third parties on your behalf, remain the property of their respective owners.

Each party will treat the other's confidential information as confidential and will not disclose it other than to personnel and sub-contractors who reasonably need to know for the purposes of the engagement, and who are bound by equivalent confidentiality obligations. This obligation survives termination of the engagement for a period of three (3) years, save for information which is already public, independently developed, or required to be disclosed by law.

To the maximum extent permitted by law, Kaekani's total aggregate liability arising from or in connection with any engagement — regardless of the form of action — is limited to the fees actually paid by you to Kaekani for the specific engagement giving rise to the claim.

Kaekani is not liable for indirect, incidental, special, consequential or punitive damages, including loss of profit, loss of revenue, loss of opportunity, loss of data, or business interruption, even if advised of the possibility of such damages. Nothing in these terms limits liability that cannot be limited by law (including for fraud or wilful misconduct).

Kaekani warrants that services will be performed with reasonable skill, care and diligence in line with prevailing industry standards — including PMBOK and the eTOM Business Process Framework where applicable. We do not warrant any specific outcome, third-party performance (such as that of ISPs, vendors or contractors), or absence of latent site conditions. Other than as expressly stated, all implied warranties are excluded to the maximum extent permitted by law.

These terms and any engagement governed by them are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising out of or in connection with these terms.

Kaekani may update these terms from time to time. Material changes that affect a current engagement will be communicated to the registered client contact by email at least fourteen (14) days before they take effect. The current version of these terms is always available at https://kaekani.co.za/terms.

For questions about these terms or any active engagement, contact:

• Email — khaya.ngcakani@kaekani.co.za
• Telephone — +27 (0) 76 907 2533