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MEMORANDUM OF AGREEMENT
Entered into between:

Ubuntu Estates RHK cc

Reg Number 2006/120851/23

AND

___________________________________________
Reg Number:__________________

Ubuntu Estates, herein represented by George Deysel, a Company incorporated under the laws of the
Republic of South Africa, having its registered office at 14 Victor Street, The Reeds, Pretoria
(Hereinafter called “the Company”)
And
_________________________________________, a Company incorporated under the laws of the Republic of
South Africa, represented by _____________________________________,

(Hereinafter called “the Partner”) with the physical and postal address as follows
______________________________________________________________
______________________________________________________________

IT IS HEREBY AGREED as follows:

WHEREAS the Company has established the CONCEPT to set out Home Loans with Ventured Capital
whereby the Home Loan is structured in a way to best secure the investors investment. Because loans are
granted to high risk clients, the client must pay a higher than normal deposit and interest rate. Two different
products will be offered to clients including a normal Home Loan and a Home Loan where only the interest is
paid off and not the capital amount. The client will only become the owner of the property once the total loan is
settled. All these products will be aimed at clients that the banks could not assist. This type of loan will yield
high returns with NO risk.

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1. DOMICILIUM CITANDI ET EXECUTANDI

The parties hereto choose as domicilium citandi et executandi for all notices and the services of all processes
the following addresses:
The Partner: ___________________________________________________
The Company: 14 Victor Street, The Reeds, Pretoria.

Any notice of any change of address must be given in writing by the party concerned and delivered by hand or
sent by registered mail or sent by email to the registered email address, to the other party. Addresses in terms of
this clause must be physical addresses and not post box numbers.

UNDERTAKING OF CONFIDENTIALITY AND NON-CIRCUMVENTION

UNDERTAKING BY:
2. THE PARTNER
RECITALS WHEREAS:-

The Company entered into an agreement with the Partner in respect of,
WHEREAS the Company has established the CONCEPT to set out Home Loans with Ventured Capital
whereby the Home Loan is structured in a way to best secure the investors investment. Because loans are
granted to high risk clients, the client must pay a higher than normal deposit and interest rate. Two different
products will be offered to clients including a normal Home Loan and a Home Loan where only the interest is
paid off and not the capital amount. All these products will be aimed at clients that the banks could not assist.
This type of loan will yield high returns with NO risk.

AND WHEREAS
2.1. THE COMPANY will disclose certain confidential information and concepts to the Partner to enable the
Partner to support development, marketing and sales, and
2.2. Conditions of secrecy and confidentiality must be retained in respect of all information and discussion
agreements which is not public domain; and
2.3. All discussion, ideas, concepts, agreements and understandings are of highly sensitive nature in so far as
divulgence thereof to any party or person other than THE COMPANY may seriously impair or be
detrimental to THE COMPANY or its associated companies; and
2.4. The said information shall only be released to the Partner upon signature of this undertaking by the
Partner; and
2.5. The parties hereby acknowledge and they understand and are in agreement with the statements stipulated
above.

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3. UNDERTAKING
The Partner hereby:
3.1. To irrevocably agrees and undertakes to specifically treat all information, ideas, concepts, discussions and
agreements relating to the said project, in the strictest confidence and secrecy and to not directly or
indirectly discuss with or disclose to any person such information without the prior written authorization of
THE COMPANY; and
3.2. Return to THE COMPANY on demand any demo units or copies of information made available by or on
behalf of THE COMPANY on the basis of this undertaking, in the event that this agreement is cancelled
with the Partner; and
3.3. Keep all information relating to the said distribution agreement in a safe place for the period during which
it is being held by the Partner and not to allow any person to have insight therein or access thereto; and
3.4. Abide by the wording, spirit and import of this undertaking.

4. NON-CIRCUMVENTION
4.1. The Partner hereby agrees that it shall not at any time use any information, irrespective of
whether such information is communicated verbally or in writing, relating to the said confidential
information or any idea or structure for its own profit or gain, nor shall it circumvent THE COMPANY
by introducing information of the said matter or any idea communicated to them, to anyone else, an
associate, associated corporate entity, family member, friend or the like, nor shall he endeavour to
negotiate or conclude a transaction with anyone else, nor the suppliers of such products or the developers
of such products and systems or to the importers of such products.
4.2. The aforesaid includes without generalising the concepts, any confidential information relating to
products as set out in the beginning of this agreement.

5. BREACH

5.1. Should any party (the “defaulting party”) to this Agreement fail to comply timorously with any
provision of this Agreement, any other party (the “aggrieved party”) shall be entitled to notify the
defaulting party in writing of such failure and in such notice shall be entitled to demand compliance by
the defaulting party of the relevant provision.
5.2. Such failure to comply timorously with any provision of this Agreement shall be deemed to be a
material breach of this Agreement and in the event of the defaulting party being notified in writing to
remedy such breach within 10 days of being so notified, then the aggrieved party shall be entitled,
without any further notice to the defaulting party and without prejudice to the aggrieved party’s other
rights:
5.2.1. To enforce specific performance by the defaulting party of its obligations in terms of this
Agreement and to claim from the defaulting party such damages as the aggrieved party may have
suffered by virtue of the breach measured for a two year period of projected income ; or alternatively,

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5.2.2. To cancel this Agreement and claim from the defaulting party such damages as the aggrieved
party may have suffered by virtue of the breach. Commissions will also be cancelled until case are
finalized.
5.3. In the event of the defaulting party being in breach of any provision of this Agreement and the aggrieved
party having to take legal action against the defaulting party as a result thereof, the defaulting party shall
be liable to pay the aggrieved party’s legal costs on the attorney-and-own-client scale (or whatever the
highest permissible scale of fees is) as well as all expenses which have reasonably been incurred in
having to take such legal action, which expenses will include but not be limited to private investigators
fees, tracing agents fees, forensic auditors fees, valuation fees and such similar professional fees (whether
legal action was instituted in a court of law or other forum, or not).

6. CANCELLATION OF THE AGREEMENT

5.1. This whole agreement will remain in place on the Partner for a period of 12 months after cancellation is
requested by THE COMPANY. During the cancellation period the Partner agrees to be bound by this
agreement.

Thus done and signed at ________________ on the ____ day of _____________200_

AS WITNESS
1. ______________________

2. ---------------------------------

______________________
(Signature of, or on behalf of Company)

Thus done and signed at ________________ on the ____ day of _____________200_

AS WITNESS

1.______________________

2.--------------------------------

______________________
(Signature of Partner)

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