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MONSTER SECURITY - SUBSCRITION SERVICE AGREEMENT
A. C/O Jan Lee Street & Mogol Street, Ziltrek Building, Lephalale, 0555 T. 014 763 1295 / 1354 E. email@example.comP. PO Box 1007, Lephalale, 0555 C. 2014/1588812/07 | V.A.T No: 4300275593 PSIRA NUMBER: 2447676 | DIRECTORS: MR. GS HERMAN, MR. PF ROETS
MONSTER SECURITY SERVICES (PTY)LTD
Memorandum of Agreement For Armed Response & Monitoring. Agreement for the rendering of a twenty-four hour monitoring service of an electronic security system and/or an armed response service between MONSTER SECURITY SERVICES (PTY)LTD and/or its replacement and/or successor in title.
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R892.00 PER MONTH
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A. C/O Jan Lee Street & Mogol Street, Ziltrek Building, Lephalale, 0555 T. 014 763 1295 / 1354 E. firstname.lastname@example.org P. PO Box 1007, Lephalale, 0555 C. 2014/1588812/07 | V.A.T No: 4300275593 PSIRA NUMBER: 2447676 | DIRECTORS: MR. GS HERMAN, MR. PF ROETS
PLEASE NOTE THAT ALL SUBSCRIPTION SERVICES ARE PAID FOR IN ADVANCE. IF YOU SIGN UP AFTER THE 1ST OF A MONTH THE SUBSCRITION SERIVICE WILL BE BILLED CALCULATED PER DAY. DEBIT ORDERS ARE LOADED AND AUTHORIZED IN THE 20TH OF EVERY MONTH AND RUNS ON THE LAST BUSINESS DAY OF THE MONTH.
Terms and Conditions
This signed Authority and Mandate refers to our contract as dated as on signature hereof ("the Agreement"). I / We hereby authorize you to issue and deliver payment instructions to the bank for collection against my / our above-mentioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing of no less than 30 ordinary working days, and sent by prepaid registered post or delivered to your address indicated above.
The individual payment instructions so authorized to be issued must be issued and delivered as follows:
On the last day ("payment day") of each and every month commencing on the last day of this month of 20(This year). In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account;Or Monthly; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less that the obligation due; I / We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE - I / We acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned bank as if the instructions had been issued by me/us personally.CANCELLATION- I / We agree that although this Authority and Mandate may be canceled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.ASSIGNMENT - I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
1. INTRODUCTION1.1 Since MONSTER SECURITY SERVICES renders:1.1.1 a twenty-four hour monitoring service of electronic security systems; and1.1.2 a twenty-four hour rapid response service to the public; and1.1.3 a twenty-four hour SMS service for arm/disarm; and1.1.4 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. INTREPRETATION2.1 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; and2.2.3a 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 authorised 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 an SMS 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 system 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 was 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 SERVICERapid 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 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 a 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 TRANSMITTER6.1 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.6.2 Any damage to the radio transmitter as the result of negligent handling will be recovered from the client.6.3 Should any third party confiscate any equipment belonging to MONSTER SECURITY SERVICES, the client will immediately notify MONSTER SECURITY SERVICES of such action.6.4 If this contract is cancelled for whatsoever reason the client shall remain fully responsible for the monthly contract agreement cost as agreed until such time as to when the radio transmitter is removed from the premises by one of our technicians.
7. FUNCTIONING OF EQUIPMENT7.1 MONSTER SECURITY SERVICES undertakes to do everything possible to ensure that an alarm system installed by itself or its authorised 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 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 authorised 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 CENTRE8.1 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 KEYS9.1 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 ARREST10.1 The Client authorises MONSTER SECURITY SERVICES and/or its authorised 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. FEESAs 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 electrinic 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 which 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 FEE11.9 A patrolling service at a fee per call out.
12. DURATION OF VALIDITY OF THE AGREEMENT12.1 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 months 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. INDEMNITY13.1 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 which 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 is to be a deterrent by reason of its/their presence at the clients 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 partieshereto 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 anyservices or failure to render any services in accordance with the provisions of this agreement.
14. JURISDICTION14.1 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 attorneys and own client scale.
15. GENERAL15.1 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 EXECUTANDI16.1 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:C/O Jan Lee & Mogol Street, Ziltrex Building, Lephalale, 0557TEL: 014 763 1295 | Email: email@example.com
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. The security system is a tool, herewith placed at the availability of the client and which is subject to the clients 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 Failures18.1 It is the customers own responsibility to ensure that the security alarm system installed at the premises has 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 indemnify 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.
YOU HEREBY AGREE THAT BY SELECTING AND TICKING THE "I AGREE" BOX AND CLICKING ON THE "SUMBIT" BUTTON THAT YOU FULLY AGREE WITH THE ABOVE TERMS AND CONDITIONS.