Alpha Security Terms & Conditions
ACCOUNT HOLDER AGREEMENT TERMS & CONDITIONS
CIS INVESTIGATIONS AND SECURITY SERVICES CC Reg no. 2003/088338/23 & PONGOLA SECURITY (Pty) Ltd. Reg no. 2012/093833/07 are party to “Alpha Security” herein referred to as “The Service Provider” “The Service Provider” hereby agrees and contracts to render monitoring for the following equipment via Security Alarm System (“THE ALARM”) on the following terms and conditions.
1. “THE SERVICE PROVIDER” undertakes to provide a twenty-four hour monitoring facility for the communicator/ transmitter herein and to respond to alarm calls as per the following instructions:
a) To telephone or radio the relevant contracted or in-house Reaction Company.
b) To telephone the key holders of the premises concerned should there be no contracted Reaction Company.
c) To telephone the South African Police Service in the event of a positive burglary or panic situation.
2. a) This agreement will continue indefinitely subject to the right of either party to cancel by giving thirty (30) calendar days written notice.
b) Should payment not be received by “THE SERVICE PROVIDER” within thirty (30) days from date of invoice, “THE SERVICE PROVIDER” reserves the right to suspend all monitoring and repair services without noticeuntil all outstanding amounts are settled in full and a reconnection fee has been paid.
c) The customer agrees to pay for any invoices pertaining to the installation/upgrade/repair on his/her alarm system.
Should the above amount not be paid within thirty (30) days of invoice, the client gives permission to “THE SERVICE PROVIDER” to debit his/her account for the above amount, unless prior
arrangements have been made with the Members of “THE SERVICE PROVIDER”.
d) The customer accepts that the agreement is subject to the terms and conditions as set out in schedule (A) (Conditions).
The Customer acknowledges that:
(i) No terms, conditions or warranties or representations whatsoever other than those contained in this agreement have been agreed or made by “THE SERVICE PROVIDER”.
(ii) The customer chooses the domicilium et executandi for all purposes under this agreement the address specified in the preamble and all notices to be given to him/her/them under this agreement may be given at that address
(iii) All notices which are given in terms of this agreement by post/e-mail/fax shall be deemed to have been received ten (10) calendar days from date of posting thereof.
a) It is agreed that “THE SERVICE PROVIDER” shall not be liable for any loss, damage or delay by strikes, fire, explosion, theft, floods, riots, civil commotion or war, damage, by
rodents or other infestation, lightning or any other act of God.
b) It is expressly agreed that the security alarm system is provided for the purpose of minimising the risk of robbery, burglary, personal injury or other applicable loss, but that it does
not in any way constitute an insurance against such loss or damage.
c) In no event shall “THE SERVICE PROVIDER” be liable for any consequential damages suffered even if “THE SERVICE PROVIDER” was advised of the possibility of such damages
3) “THE SERVICE PROVIDER” shall be entitled to:
i) Cede its rights and obligations under and in terms of this agreement without the customers consent.
ii) To charge for all service calls at “THE SERVICE PROVIDER” ruling monthly/response rates.
iii) Recover from the customer all costs and expenses which “THE SERVICE PROVIDER” incurs in terms of this agreement including all legal costs, as from the moment “THE SERVICE PROVIDER” engages the services of the attorney.
4) Customer obligations:
i)The customer will allow “THE SERVICE PROVIDER” reasonable access and facilities at all times to carry out necessary adjustments, inspections, maintenance and repairs to the equipment,
including the communicator / transmitter at the customer’s expense if deemed necessary by “THE SERVICE PROVIDER” .
ii) It is specifically agreed that during the subsistence of this agreement, the customer will not allow or permit anyone other than “THE SERVICE PROVIDER”, its duly authorised staff or agents to do any work whatsoever on the equipment without the written consent of “THE SERVICE PROVIDER” first being obtained.
iii) The customer shall not be entitled to withhold any payment due hereunder for any reason whatsoever unless “THE SERVICE PROVIDER” has in writing consented to such withholding. No
extensions of time or other indulgence granted to the customer shall be constituted as a waiver of any of Alpha Security & Patrol’s rights hereunder and shall not
in any way stop “THE SERVICE PROVIDER” enforcing such rights.
5) Variation Charges:
i) “THE SERVICE PROVIDER” reserves the right to vary charges payable under this agreement on the basis of such charges at any time upon thirty (30) calendar days prior written notice. Notwithstanding any other terms of this agreement, if during any one calendar year the charges payable under this agreement are increased by and ”THE SERVICE PROVIDER” and such charges increase the total amount payable by the customer by more than fifteen (15) percent the customer shall be entitled to terminate this agreement by giving not less than thirty (30) calendar days written notice to “THE SERVICE PROVIDER” Annual increases will take place annually in the month of October.
In the event of the customer failing to make payment due hereunder or committing any other breach whatsoever thereof and if the customer having failed to make such payments or remedy such breach after having been given seven (7) days written notice, the days to run from date of posting such notice calling upon to remedy such breach, “THE SERVICE PROVIDER” shall have the right to terminate this agreement forthwith and without prejudice to its rights, claim payments which are in arrears and / or damages which it may sustain by reason of such termination and/or.
ii) “THE SERVICE PROVIDER” may at its option enforce the agreement and sue for the recovery of all amounts due and payable hereunder.
7) JURISDICTION: In the event of any legal action arising out of this agreement the customer agrees and consents to the jurisdiction of the district of Empangeni Magistrates Court in terms of the Magistrates Court Act and also in the discretion of “THE SERVICE PROVIDER” submits and consents to the jurisdiction of The High Court of South Africa in respect of any litigation arising out of this agreement and in the event of “THE SERVICE PROVIDER” succeeding, the customer shall be liable for all legal costs as awarded by the courts.
8) DOMICILIUM: The account holder chooses herewith its address as supplied on the Subscriber Agreement.
(B)GENERAL TERMS AND CONDITIONS RELATING TO ALL SERVICES PERMITS AND LICENSES (for clients using the radio transmitter)
“THE SERVICE PROVIDER” shall obtain the necessary Radio Transmitter License from ICASA (Independent Communication Authority of South Africa). “THE SERVICE PROVIDER” shall pay ICASA (Independent Communication Authority of South Africa) the necessary license fee annually and the client undertakes to refund “THE SERVICE PROVIDER” all such payments made by the company immediately upon receipt of an account thereof. The client shall obtain the necessary permission from the owner of the premises, public authorities and others whose permission is, or may be required for the wiring, installation, maintenance and continued use of the Alarm.
A) INSTALLATION OF ALARM
1. “THE SERVICE PROVIDER” undertake as soon as possible, to commence with the installation of the alarm and execute the work thereof with all due diligence until completion, provided, that should the performance by “THE SERVICE PROVIDER” be subject to delay by war, strikes, riots or civil commotions, breakages, fires, unforeseen commercial delays, acts of God, permission or requirements of building owners, government, public or other authorities, the client shall afford “THE SERVICE PROVIDER” every assistance to enable technicians to complete the installation and shall not hamper or otherwise, interfere with their workmen in the performance of their duties. The client shall from time to time affect any necessary repairs to defective portions of the premises which may have the effect of interfering with the proper operation of the alarm, or any equipment installed by the company.
2. In the event that the client by hi/her actions, in anyway whatsoever, delays or prevents “THE SERVICE PROVIDER” from commencing or completing the installation on the agreed date, the client
shall be liable for an additional charge at the prevailing rates, including travelling time wasted by “THE SERVICE PROVIDER” .
3. “THE SERVICE PROVIDER” shall, having record to any prior written instructions from the client, position and locate the various elements of the alarms as its sole discretion. Should “THE SERVICE PROVIDER” be required by the client to move or change such positions or relocate after commencement of the installation, an additional charge at the prevailing rates for time spent in affecting such a move or change, shall be payable by the client to “THE SERVICE PROVIDER” .
B) MAINTENANCE AND FALSE ALARMS
1. In the event of the company deeming it necessary to replace defective or used parts of the alarm, or to make repairs other than to the Radio Transmitter, the same shall be executed by the company at the client’s expense and the client shall pay to the company the prevailing cost thereof. Notwithstanding anything herein contained, in the event of the company attending at the premises where the alarm is situated as a result of the alarm having been activated by any act of omission of the client, his/her servant or any other person on the premises, the client shall pay the company a reasonable fee for so attending
2. In the event of a lock-on arising in the company’s control room decoding equipment or the occurrence of regular false alarms caused through a fault in the client’s Radio Transmitter giving rise to interference on the client’s radio frequencies, the client shall provide the company with the immediate access to the Radio Transmitter to restore radio communication. Should the client be unable to personally allow access to premises where a lock-on occurs, the client gives “THE SERVICE PROVIDER” permission to effect its own access to the Radio Transmitter. Any resulting damages or costs will be borne by the client in whose premises the Radio is installed.
1. The client specifically acknowledges and agrees by acceptance hereof, that the company is not an Insurer and that the alarm system is sold and/or installed and/or maintained and/or the reaction unit is provided,as the case may be for the purpose of minimizing the risk of burglary, but not to eliminate it. The client specifically acknowledges and agrees that the company, and/or its employees, and/or its subcontractors shall accordingly not be liable in contract or delict, and shall incur no liability for any loss or damage which the client may incur or suffer by reason of non-operation or failure of the alarm from any cause whatsoever, save on the grounds of deliberate wrongdoing or gross negligence.
2. The client agrees to accept sole liability and indemnifies the company against any damage to the premises in which the alarm is or was installed, caused by the installation, removal or alteration of the alarm whether during the currency of this agreement or upon its termination.
3. The client agrees by acceptance hereof, to assume full responsibility for any and every risk arising out of the possession and use of the alarm and accepts liability to make good to “THE SERVICE PROVIDER”, including the cost of replacing the Radio Transmitter in the event of the same being destroyed or damaged by fire, lighting, burglary, storm, tempest or flood, or any other act of God
5. Use of the digital communication device results in charges being made on the client’s phone account. The client accepts to pay all charges levied by Telkom for the communication device.
6. The client and all parties claiming under it hereby release and discharge “THE SERVICE PROVIDER” from all liability related to any hazard, peril or event covered or not covered by insurance, it being expressly understood and agreed that no insurer shall have any rights of subrogation against and the client agrees to notify its insurers of the provisions of this clause.
D) ABSENCE OF CLIENT FROM DOMESTIC INSTALLATION
In the event of the client leaving the premises for any period exceeding one day and one night, whether on holiday or for any reason, the client shall notify the company in writing/e-Mail / telephone. During the absence of the client on holiday or for any other reason, should the alarm necessitate urgent attention or repair the company shall have the right to effect such repairs and to recover the prevailing cost thereof from the client, as though the work was requested in the normal matter.
The client shall at all times, keep the company notified in writing of the name, residential address and telephone numbers of one or more persons as determined by the client (herein referred to as key holders with whom the company may communicate in regard to the alarm, its operation and the premises in which it is installed. The client and or any key holder shall immediately upon being called upon to do so by the company, attend at the premises where the alarm is installed.
F) VERBAL AGREEMENTS
This agreement covers all agreements between the parties hereto and the company shall not be responsible for any undertaking, representation or warranty given orally or otherwise and whether express which is not contained or specified in this agreement. Furthermore no variations of this agreement shall be valid or binding on the company save those in writing and signed by or on behalf of the company.
G) BREACH OF AGREEMENT AND TERMINATION OF HIRING
The client shall be deemed to have defaulted in this agreement if he/she or his/her servants or any person lawfully entering his/her premises, breaks the seals contained on the Radio Transmitter or if his/her estate is placed under provisional or final sequestration or he/she gives notice of the surrender of his/her estate or if he/she makes default in payment of any installment or Rental or any Bill of Exchange as provided for in this agreement or if he/she abandons the Radio Transmitter vacates the premise where it is located, or if his/her interest in the premises be extinguished, transferred or if being a limited company it is placed under final liquidation or places itself in voluntary liquidation or if the client fails to carry out any of the terms or conditions of this agreement. In any such event the company shall immediately on such breach be entitled either:
i. to continue to enforce the contract, or
ii. suspend operation of any services to be rendered by it hereunder, including the monitoring of the alarms and its maintenance, and such services shall only be re-connected or recommenced upon payment of all amounts due hereunder, together with a reconnection fee, or
iii. to claim from the client, immediately on such default, payment of the full balance or rental for the un-expired term of his/her lease, in which latter event the client shall on payment of such full balance be entitled to the use of the communication device for the remainder of such un-expired term, subject to all terms and provisions hereof.
1.The payment by the Client of all monies which are due or may become due and owing from time to time by the Client to the “THE SERVICE PROVIDER” in terms of or arising out of
the enforcement, breach or cancellation (including cancellation by the Client’s liquidator or judicial manager, whether provisional or final, pursuant to any power conferred by statute or order of court) of the above Subscriber Agreement between “THE SERVICE PROVIDER” and the Client relating to the due and faithful performance by the Client of all the Client’s obligations of every nature which the Client may now or in the future be obliged to perform.
2.My/our liability hereunder shall in no way be affected or diminished if “THE SERVICE PROVIDER” either now or in the future obtains additional suretyship, guarantees or securities, whether real or personal, in respect of the debts and/or obligations of the Client.
3.This suretyship and undertaking shall be a continuing covering security for any present or future indebtedness of the Client to “THE SERVICE PROVIDER” and shall remain in full force and effect, notwithstanding any
fluctuation in or even the temporary extinct of such indebtedness. This Deed of Suretyship cannot be removed before the Subscriber Agreement aforesaid or any renewal thereof expires or is terminated by agreement and shall remain in full force and effect until:3.1. all monies owing by the Client to “THE SERVICE PROVIDER” in terms of the said Subscriber Agreement, or its renewal, or as a result of its termination, or as a result of its breach, have been fulfilled;3.2. all the other obligations of the Client under or arising from the said Subscriber Agreement or its renewal, have been fulfilled.
4. “THE SERVICE PROVIDER” shall be entitled, without reference or notification to me/us and without affecting its rights hereunder, and without releasing me/us hereunder, to take whatever steps it deems fit against the Client, to release other securities and/or sureties and/or grant the Client extensions of time for payment and/or compound or to make any other arrangements with the Client’s indebtedness. Any leniency or extension of time which may be granted to the Client, or a variation or alteration of the said Subscriber Agreement or future agreement between the Client and “THE SERVICE PROVIDER” shall not be construed as a waiver of any of “THE SERVICE PROVIDER”’s rights or claims against me/us hereunder or as a novation of any claim and shall in no way release me/us from my/our liability hereunder.
5.In the event of the Client and/or customer being placed under liquidation/judicial management/sequestration (whether provisionally, final, compulsorily or voluntarily), “THE SERVICE PROVIDER” shall be entitled to accept any dividend on account and in reduction of the Client’s and/or customer indebtedness without prejudice to its rights against me/us, which rights shall further not be prejudice by its acceptance of any other rights against me/us, which rights shall further not be prejudice by its acceptance of any other securities guarantees or suretyship arising out of such liquidation / judicial management / sequestration or by its acceptance of any offer of compromise made by or on behalf of the Client and/or customer, whether then in liquidation/judicial management/sequestration or by its acceptance of any offer of compromise made by or on behalf of the Client and/or customer, whether then in liquidation/judicial management/sequestration or otherwise.
6.I/we hereby agree and declare that all acknowledgments of indebtedness and admissions by the Client and/or customer to “THE SERVICE PROVIDER” shall be binding on me/us.
7.For the purpose of any action against me/us for provisional sentence in South Africa or for identical or similar relief in any other place, a certificate by “THE SERVICE PROVIDER” as to the amount owing by the Client and/or customer to “THE SERVICE PROVIDER” and of the fact that the due date for payment of the same has arrived shall be sufficient and satisfactory proof of the facts therein stated until the contrary shall have been proved.
8.I/we hereby renounce the benefits of the legal exceptions “non causa debiti” “errore calculi” “excussion”, “division”, de duobus vel pluribus reis debendi”, no value received” and “revision of accounts”, with the meaning and effect of all of which I/we declare myself/ourselves to be fully acquainted.
9.I/we hereby agree and consent that “THE SERVICE PROVIDER” shall, at its option, be entitled to institute any legal proceedings which may arise out of or in connection with this Deed of Suretyship in any Magistrate’s Court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such Magistrate’s Court. I/we specifically consent to the Empangeni Magistrates Court and/or any other Courts that might have jurisdiction.
10. I/we hereby choose domicilium citandi et executandi at the address/addresses as set out above at which address/addresses all notices and communications maybe addressed to me/us and all notices addressed tome/us at the said address/addresses and dispatched by prepaid registered post shall be deemed to have reached me/us two days after the date of posting.