1. INTRODUCTION
1.1 Since MONSTER SECURITY SERVICES renders:
1.1.1 a twenty-four-hour monitoring service of electronic security systems; and
1.1.2 a twenty-four-hour rapid response service to the public; and
1.1.3 a twenty-four-hour Push notification service for arm/disarm; and
1.1.4 the client is desirous of entering into an agreement with MONSTER SECURITY SERVICES for the rendering of one or all of the aforesaid services.
1.1.5 Now therefore the Parties agree as follow:
2. INTERPRETATION
2.1 The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of this agreement, nor to amplify the terms of this agreement, nor any clause thereof;
2.2 In this agreement, unless the contrary intention clearly appears, words indicating:
2.2.1 the one gender includes the other two genders;
2.2.2 the singular, include the plural and vice versa; and
2.2.3a natural person includes a juristic person or legal entity and vice versa.
2.3 “ MONSTER SECURITY SERVICES” and/or its replacement and/or its successor in title and/or its duly authorized agent.
2.4 “Date of commencement” refers to the date that this agreement is signed.
3. ALARM MONITORING: Monitoring the client's alarm system includes the:
3.1 Twenty-four-hour monitoring of the Client's security system by radio signal and/or telephone.
3.2 Twenty-four-hour monitoring of the Client's security system by radio signal and/or telephone for the purposes of reporting by means of a push notification service, to the client any arming/or disarming of the said system;
3.3 Processing of information and instructions received from the Client, by means of computer and/or other acceptable systems in the case of the activation of the relevant alarm system in the Control Centre;
3.4 The speedy notification of the Rapid Response Service, SAPS, relevant authorities and/or instances and/or interested persons (whatever written instructions were given to MONSTER SECURITY SERVICES in the case of activation of the relevant security system and when no satisfactory telephonic confirmation is received from the premises that everything on the premises is in order.
4. RAPID RESPONSE SERVICE
Rapid Response Service includes the:
4.1 Rendering of a twenty-four Rapid Response Service by trained security officers within the framework of this agreement;
4.2 Immediate activation of the Rapid Response Service by the Control Centre in the case of the activation of the Control Centre by the Client's security system;
4.3 The speedy reaction by trained security officers to the premises with the exclusive aim to:
4.3.1 Take immediate action in the case of a security crisis;
4.3.2 Immediately notify the SAPS, relevant authorities, and/or instances and/or medical services of the emergency situation.
4.4 Upon termination of the emergency steps and take-over of the situation by the SAPS, relevant authorities and/or instances and/or medical services as required by the situation, the obligations of the Rapid Response personnel are deemed to be fulfilled. The rapid response officer will only stay at the premises for a maximum time of 15 minutes. During which time it is the responsibility of the client to ensure that he or she is at the premises.
5. NATURE OF SERVICES REQUIRED:
MONSTER SECURITY SERVICES undertakes from the date of commencement up to and including the cancellation thereof to:
5.1 Monitor the client's electronic alarm system twenty-four hours per day from a Control Centre;
5.2 Render an armed Response Service to the client.
5.3 Monitor the client's electronic alarm systems arming /disarming function twenty-four hours per day from a Control Centre, and to inform the client thereof by SMS;
6. RADIO TRANSMITTER
6.1 The Radio transmitter which affects the link between the Client's security system and the MONSTER SECURITY SERVICES and which is installed on the premises remains the legal property of MONSTER SECURITY SERVICES unless otherwise agreed to in writing.
6.2 Any damage caused to the radio transmitter for whatever reason whilst installed at the client's premises and as a result seizes to operate will be claimed and recovered from the client's account along with the cost of sending out a technician to replace the defective radio transmitter. Damage may include but is not limited to general power failures, load shedding, electrical spikes, physical damage, fire, etc.
6.3 Should any third party confiscate any equipment belonging to MONSTER SECURITY SERVICES, the client shall immediately notify MONSTER SECURITY SERVICES of such an action. If the radio transmitter cannot be recovered from the third party who confiscated the radio transmitter the client will be responsible for the replacement of such a radio at its full replacement value and the client will remain liable for the full monthly agreed amount as per the agreement until such time that the radio transmitter is recovered or replaced.
6.4 If this contract is canceled for whatsoever reason the client shall remain fully responsible for the monthly contract agreement cost as agreed in this contract until such time that the radio transmitter is removed from the client's premises by one of our technicians or company representatives.
6.5 No 3rd party company, qualified installer, agent, company representative, or individual(s) other than Monster Security may perform work on or handle the installed radio transmitter.
7. FUNCTIONING OF EQUIPMENT
7.1 MONSTER SECURITY SERVICES undertakes to do everything possible to ensure that an alarm system installed by itself or its authorized subcontractor functions efficiently.
7.2 The above undertaking, however, does not apply where the alarm system is damaged by lightning or negligent handling or;
7.3 Where parts of the equipment are added to and/or removed from an existing security system by any person other than a MONSTER SECURITY SERVICES technician and/or an authorized subcontractor.
7.4 MONSTER SECURITY SERVICES and its suppliers of equipment guarantee the products installed by MONSTER SECURITY SERVICES as well as the workmanship for a period of one year from the commencement date.
7.5 It is the responsibility of the client to test the functioning of his alarm system from time to time. It is however also the client's responsibility to notify MONSTER SECURITY SERVICES telephonically beforehand that he intends to test the security system.
8. FALSE ALARMS AND MISUSE OF THE MONSTER CONTROL CENTRE
8.1 It is the responsibility of the client to ensure that his/her alarm system does not activate false alarms due to misuse by him-/her and/or his/her subordinates.
8.2 Should it appear, after 3 (three) activations of the client's alarm system over a period of one month, that these were false alarms due to misuse or malfunction of the alarm system when security officers of the Rapid Response Service visit the premises each time the alarm system is activated, an amount equal to a Call Out fee will be levied.
9. HOLDING OF KEYS
9.1 The Client hereby agrees that personnel employed by MONSTER SECURITY SERVICES may be set in possession of the necessary keys and/or gate remote to the premises in order to get access to the premises if the situation so warrants it. ≠MONSTER SECURITY SERVICES will keep such keys and/or gate remote in safe custody after use.
9.2 In the event that the client fails and/or refuses to provide MONSTER SECURITY SERVICES with the above-mentioned keys and/or gate remote, and thereby in effect precluding MONSTER SECURITY SERVICES from having access and/or entering the premises, then and in such instance, MONSTER SECURITY SERVICES takes no responsibility and/or liability for any losses that the client may sustain and/or for failing to attend to and/or report any breach of security to either the client and/or the SAPS.
10. WARRANT FOR ARREST
10.1 The Client authorizes MONSTER SECURITY SERVICES and/or its authorized representative to:
10.1.1 for the purposes of Sec.24 of the Criminal Procedure Act, Act No. 51 of 1977, as amended, take full control of the above-mentioned premises in his absence;
10.1.2 according to Sec. 42 (3) of the Criminal Procedure Act, Act No 51 of 1977, as amended, arrest any person who trespasses on the above-mentioned premises immediately without a warrant for arrest.
11. FEES
As contained in paragraph 1, MONSTER SECURITY SERVICES renders a:
11.1 Twenty-four-hour monitoring service of electronic security systems at a fee per month for private home clients and business clients.
11.2 Twenty-four Armed Response Service at a fee per month.
11.3 All fees including fees mentioned in clauses 12.1, 12.2 includes Value Added Tax (VAT).
11.4 The fees mentioned in clauses 12.1, 12.2 and are subject to a yearly escalation in November of each year. The client shall however be notified in writing and/or through any form of electronic communication of an intended escalation at least two calendar months in advance.
11.5 An annual radio connection fee will be payable annually. This fee will be deducted in November of each year.
11.6 All amounts due are payable in advance not later than the seventh day of the applicable month.
11.7 A technical call-out fee per call-out on systems that are out of guarantee or where the call-out is as a result of non-technical faults and this is the third (3rd) call-out, or where the call-out is as a result of a battery failure. A premium rate will be charged for after hours.
11.8 NO CHEQUE PAYMENTS WILL BE ACCEPTED. CASH DEPOSITS CARRIES A R50.00 BANK CHARGE FEE
11.9 A patrolling service at a fee per call out.
12. DURATION OF VALIDITY OF THE AGREEMENT
12.1 This agreement will be valid on a month-to-month basis.
12.2 Should the Client terminate the service before the expiry of the Initial period, he/she will be held liable for the payment of all outstanding fees as if he/she made use of the service for the full term of the Initial Period.
12.3 MONSTER SECURITY SERVICES may terminate this agreement by giving the Client two calendar month's notice in writing of his intention to terminate the service.
12.4 This agreement shall be terminated immediately without any notification to the client, should the client neglect to pay the fees contained in clauses 12.1, 12.2, 12.3 for one calendar month.
13. INDEMNITY
13.1 For the purposes of paragraph 3, monitoring of the client's security system is at all times subject to circumstances and/or events within the control of MONSTER SECURITY SERVICES.
13.2 Although MONSTER SECURITY SERVICES undertakes to assist the client at all times with regards to the efficient functioning of his security system, it does not accept any responsibility for any faulty operation and/or malfunctioning of the security system.
13.3 For the purpose of paragraph 3, the client indemnifies MONSTER SECURITY SERVICES of any responsibility and/or claims that may arise from any damage, loss, detriment, injury or death, directly or indirectly, consequently or otherwise, suffered by the client, the premises, his family, guests or partners, arising from any action or negligence by any staff member of MONSTER SECURITY SERVICES, either negligent or otherwise or caused as the result of circumstances beyond the control of MONSTER SECURITY SERVICES.
13.4 For the purposes of clause 4.3 the speedy visit by the security officers of the emergency reaction service is subject to circumstances and/or events beyond the control of MONSTER SECURITY SERVICES.
13.5 The client accepts that medical emergency treatment administered by the staff of the Rapid Response Service, will not substitute comprehensive medical treatment that should be administered by registered and qualified medical practitioners.
13.6 Should it become impossible for MONSTER SECURITY SERVICES to monitor and carry out the services as described in this agreement either temporarily or indefinitely, due to force major, acts of God or other circumstances beyond the control of MONSTER SECURITY SERVICES, which includes but is not limited to strikes, stoppages of work, delays ascribed to suppliers, floods, government acts, fire accidents, alterations or the removal of equipment, then and in such instances, the client will be unable to hold MONSTER SECURITY SERVICES liable for any loss or damage suffered or any failure by MONSTER SECURITY SERVICES to respond.
13.7 MONSTER SECURITY SERVICES shall not be held liable or responsible for any improper use or disclosure by its employees of the client's secrets, nor any unlawful act committed by its employees.
13.8 The client understands and accepts that MONSTER SECURITY SERVICES provides a security service and/or equipment that is susceptible to fallibility and frailties.
13.9 The sole object and function of the security services and security personnel provided by MONSTER SECURITY SERVICES are to be a deterrent by reason of its/their presence at the client's premises, thereby minimizing the risk of loss or damage to property and death of/injury to personnel by circumstances including, but not limited to fire, theft, burglary or vandalism.
13.10 MONSTER SECURITY SERVICES does not warrant or guarantee that its monitoring system and/or its personnel will be able to prevent and/or minimize the risk of loss, damage, or injury. It is thus recorded and agreed by the parties
hereto that the security service provided in terms of this agreement is complementary to, and not an alternative to insurance cover. It is incumbent of the client to ensure that all of its property is adequately insured.
13.11 The client herewith indemnifies MONSTER SECURITY SERVICES and its employees against any claim of whatsoever nature which may arise out of or as a result of the conclusion of this agreement, including the rendering of any
services or failure to render any services in accordance with the provisions of this agreement.
14. JURISDICTION
14.1 The client hereby consents with the jurisdiction of the Magistrates Court for any action that may arise out of this agreement. MONSTER SECURITY SERVICES shall nonetheless be entitled to institute action in any other competent court having jurisdiction.
14.2 In the event that it should be necessary for MONSTER SECURITY SERVICES to institute action against the client for whatsoever reason, the client herewith consent to the payment of any attorney fees incurred by MONSTER SECURITY SERVICES on an attorney and own client scale.
15. GENERAL
15.1 This agreement constitutes the entire agreement between the parties in respect of the issues mentioned therein and the parties place on record that there are no understandings, guarantees, or obligations not set out in this agreement.
15.2 No amendment of the agreement shall be in force unless it is in writing and signed by the parties.
15.3 The parties will do everything and sign all documents necessary in order to give effect to this agreement.
16. DOMICILIUM CITANDI ET EXECUTANDI
16.1 The parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process or notices or other documents or communications of whatsoever nature, the following addresses:
MONSTER SECURITY SERVICES (Pty)Ltd:
Shop 1B Marula Mile, Lephalale, 0557
TEL: 014 763 1295 | Email: info@monstersecurityservices.co.za
17. SALE AND INSTALLATION OF GOODS
17.1 Whilst MONSTER SECURITY SERVICES will do everything in its power to supply and install the goods by the anticipated date of completion, MONSTER SECURITY SERVICES shall not be liable for the delays in the date of completing the supply and/or installation of goods if such a delay is due to no fault on the part of MONSTER SECURITY SERVICES. The client thus herewith grants to MONSTER SECURITY SERVICES any extension of time as may be required by MONSTER SECURITY SERVICES to complete the supply and/or installation of the goods as may be reasonable and necessary in the circumstances.
17.2 MONSTER SECURITY SERVICES warrants that the goods shall be made from the finest materials available but MONSTER SECURITY SERVICES shall not be liable for any damage to or deterioration in the goods due to misuse, power surges, and acts of God.
17.3 The client herewith indemnifies MONSTER SECURITY SERVICES and their employees and suppliers from any liability in any claim whatsoever which may arise from any accident, loss of life or damage resulting from the direct or indirect supply and/or installation of goods sold and purchased under this agreement. No guarantee is implied by MONSTER SECURITY SERVICES on the effectiveness of this security system in ensuring against crime and its effects. A security system is a tool, herewith placed at the availability of the client and which is subject to the client's control and supervision.
17.4 The client hereby grants MONSTER SECURITY SERVICES the right of access to and egress from the site where the installation of goods is to be effected and undertakes to ensure that MONSTER SECURITY SERVICES has the necessary access to such electricity and water supplies as are necessary to enable MONSTER SECURITY SERVICES to complete the installation of the goods. In the event of high walls, palisade fencing, or any other means of obstruction that restricts free access to the premises, the client is obliged to supply the necessary access to allow MONSTER SECURITY SERVICES to install all goods and/or equipment.
18. LOAD SHEDDING / GENERAL POWER FAILURES
18.1 It is the customer's own responsibility to ensure that the security alarm system installed at the premises has an adequate battery backup power supply to last through load shedding schedules.
18.2 Due to large volumes of alarm signals created as a result of load shedding, including but not limited to, general power failures, Monster Security may from time to time, as required within reason, log away these alarm signals as a general power failure occurring in the area where the security alarm system is installed.
18.3 The client hereby indemnifies Monster Security from any loss and/or damage caused as a result of load shedding and/or any general power failure and as a result, can not be held responsible for any loss or damages caused during this time period.
19. CONTRACTOR / CUSTOMER CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (the “POPI Act”)
I, the customer,
declares, agree and undertake the following towards,
Monster Security Services (PTY)LTD
19.1 INTRODUCTION
In terms of the POPI Act, a “Responsible Party” (in this case being Monster Security Services (PTY)LTD) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your information and related details) in a lawful, legitimate and responsible manner. In compliance therewith we require your express and informed permission to process your Personal Information. Should you not give us the required consent, we will still have the right, in terms of the POPI Act, to process your information without your consent in certain circumstances including but not limited to the following:
Where such processing and use of your personal information is necessary in order to give effect to the contractual relationship between you and Monster Security Services (PTY)LTD.
Where such processing is required in terms of a law, such as but not limited to the Financial Intelligence Centre Act 38 of 2001 (“FICA”) and the National Credit Act, 34 of 2005 (“NCA”); or
Where such processing is necessary to protect the legitimate interests of Monster Security Services (PTY)LTD or a third party.
19.2 Purpose for the Collection
The reason why we require your Personal Information is to inter alia enable us to carry out the required checks to verify information relating to your personal and/or business information.
19.3 Purpose for the Collection – Individual Customer
The reason why we require your Personal Information is to inter alia enable us to carry out the required checks to verify information such as credit score and other related checks. If this agreement is undertaken in your personal capacity, we require
19.4 Voluntary Processing Information
1. I, We hereby give consent to Monster Security Services (PTY)LTD) and/or such other person or entity that Monster Security Services (PTY)LTD) may delegate, the absolute right and permission to conduct creditworthy checks, and to verify any and all information provided.
2. I, We also acknowledge that Monster Security Services (PTY)LTD) is committed to protecting and promoting the privacy of our Personal Information to give effect to the constitutional right to privacy and to fulfill its obligations under the POPI Act.
3. All Personal Information which I, we provide to Monster Security Services (PTY)LTD) will only be used for the purposes for which it is collected.
19.5 Storage and Retention and Destruction of Information
All Personal Information which you provide to Monster Security Services (PTY)LTD) will be held and/ or stored securely for the purpose for which it was collected.
Once this information is no longer required, due to the fact that Monster Security Services (PTY)LTD) no longer is supplying you with goods and services, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all your Personal Information will be permanently destroyed.
19.6 Right to Object
In terms of S11(3) of the POPI Act, you have the right to object in the prescribed manner to
Monster Security Services (PTY)LTD) processing your Personal Information. On receipt of your objection, we will place a hold on any further processing until the cause of the objection has been resolved. Please however note that in such an instance we will not be able to provide you with goods and services until the objection are resolved.
19.7 Accuracy of Information
The POPI Act requires that all your Personal Information and related details supplied are complete, accurate, and up to date.
Whilst Monster Security Services (PTY)LTD) will always use its best endeavor’s to ensure that your Personal Information is reliable, it is your responsibility to advise us of any changes to your Personal Information, as and when these may occur.
Whenever we commission other organizations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customer's personal information to perform such services.
19.8 Complaints
You have the right to address any complaints to Francois Roets email: francois@monstersecurity.co.za or to the Personal Information Regulator.
Disclaimer / Indemnification
I, We hereby indemnify and hold harmless Monster Security Services (PTY)LTD) from any action or claim of any nature whatsoever that might be brought by any person whatsoever against Monster Security Services (PTY)LTD) as a result of any personal loss, injury, or damage arising directly or indirectly from any act or omission on our part relating to or incidental to the failure from our part to honor the above provisions, or otherwise, as the case may be.
I, We acknowledge and agree that we have read this consent form in its entirety and that we fully understand the nature, content, and implications hereof and agree hereto, and that we shall be fully bound hereto from date of signature hereof.
I, WE HEREBY AGREE THAT BY SELECTING AND TICKING THE "I AGREE" BOX AND CLICKING ON THE "SUBMIT" BUTTON THAT YOU FULLY AGREE WITH THE ABOVE TERMS AND CONDITIONS AND CONTRACTOR / CUSTOMER CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT,4 OF 2013 (THE “POPI ACT”).
I,WE HEREBY AGREE THAT BY SELECTING AND TICKING THE "I AGREE" BOX AND CLICKING ON THE "SUBMIT" BUTTON THAT YOU FULLY AGREE WITH THE ABOVE TERMS AND CONDITIONS AND CONTRACTOR / CUSTOMER CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT,4 OF 2013 (THE “POPI ACT”).