SCP_SLA_V15

Memorandum of Agreement for Services entered into between Suburban Control Centre (herein after called "SCP Security" ) as the one party and the client as listed below (herein after called "Client" ) as the other party.

These Terms and Conditions apply to the Service Agreement entered between the Client and SCP Security. Your signature constitutes your acceptance hereof.

 

1. DURATION

This Agreement will take effect from the date of signature and will continue for a fixed period of 24 (twenty-four) consecutive months. In the event this Agreement is not terminated by either party by notifying the other party that the Agreement shall be terminated on the expiry of the 24 (twenty-four) months period by providing such notice to the other party between 40 (forty) and 60 (sixty) days prior to the expiry of the 24 (twenty-four) months period (or any subsequent renewal period), this Agreement will automatically be renewed on the same terms for a further consecutive 12 (twelve) month period.

 

2. DELIVERY AND TESTING

2.1 SCP Security undertakes, as soon as reasonably possible after the date of signature, to install the radio transmitter and antenna, after which the services will commence, unless otherwise agreed between the parties. SCP Security or its approved third-party technical installers shall attend to the installation. There is no charge for this unless a special antenna is required to achieve a reliable connection between the Client's premises and SCP Security's control room. However, this shall be subject to the Client’s pre-approval.

2.2 The Client will at all reasonable times allow SCP Security or its nominated third-party free and undisturbed access to the Client’s premises to facilitate the completion of the transmitter installation and testing thereof.

2.3 No structural work, including but not limited to chasing of walls (a groove or channel cut into an existing wall to accommodate cables), will be undertaken by SCP Security or its nominated third-party unless specifically agreed upon between the Client and SCP Security or the third party in writing.

 

3. PAYMENT

3.1 The total balance due as specified in this Agreement will be paid by the Client immediately after installation and testing of the radio transmitter unless otherwise agreed upon in writing by SCP Security.

3.2  Any other amounts due in terms of this agreement, will be payable on demand.

3.3 The Client will pay SCP Security all amounts set out in the Agreement monthly in advance. The first/initial payment due, as set out in the Cost Schedule, is payable on the date of completion of testing, and all further payments will be made by no later than the 7th (seventh) day of each and every successive month, without any deductions or demand.

3.4 If the Client authorises payment by way of a debit order, SCP Security will be entitled to draw any amount due in terms of this Agreement against the Client's banking account on the agreed upon date.

3.5 An annual communication link fee is not applicable as this fee is included in the base price. SCP Security undertakes to pay the relevant authorities (ICASA) all amounts due regarding this communication fee.

3.6 Any debit orders returned will attract a fee of R57.00 (Incl. Vat) per month returned and will be payable immediately by EFT along with the failed debit order amount for the month’s services.

3.7 The client undertakes and accepts to pay a standard additional fee of R57.00  (Including Vat) should a debit order be returned by their bank for whatever reason that may arise. The client undertakes to pay this fee on presentation of an invoice detailing the default and SCP Security reserves the right to run a 2nd debit order, if need be, to ensure the account is kept up to date.

3.8 Should the Client's account be in arrears, SCP Security shall not be obliged to fulfil its obligations in terms of this Agreement and the Client’s account shall be suspended (at the sole discretion of SCP Security). In this regard, the period of the contract shall be extended by the period that the Client’s account has been suspended, unless the Agreement is terminated by SCP Security.

 

4. INCREASE IN FEES

SCP Security will, at its sole discretion, be entitled, upon providing at least 1 (one) month's written notice to the Client via various social media platforms and messenger services, the SCP Security Newsletter, e-mail, SCP Security's Facebook page "Suburban Control Centre", to increase or decrease its monthly fees which at all times may be regarded as reasonable, based on both economic factors and industry norms.

 

5. LIABILITY

5.1 It is expressively agreed that the services rendered, and equipment installed are for the purpose of preventing or minimizing the risk of loss or damage to property and injury to persons by housebreaking, burglary or attack and neither SCP Security nor its nominated third-party contractors gives warranty or guarantee that such service or equipment will be able to prevent or minimize such loss, damage, or injury. It is therefore agreed that neither SCP Security nor any third-party contractor will be held liable for any loss, damage, injury or consequential loss of whatsoever nature arising as a direct or indirect result of criminal attempts such as house-breaking, burglary or physical attacks.

5.2 Although SCP Security will use its best endeavours to take reasonable care to minimise the Client's risk, no guarantee by SCP Security can be issued in this regard.

5.3 The Client indemnifies SCP Security against any claim of a third party regarding legal liability arising out of SCP Security's acts or omissions. It is recorded that SCP Security has no duty of care towards the Client, save for the fact that it has concluded this agreement with the Client.

6. BRIEF DESCRIPTION OF SERVICES

6.1 FULL REACTION CLIENT: Upon receipt of an alarm signal; The dispatch of a reaction officer to investigate a bona fide call and contain the situation that was brought to the attention of the Control Room by using the reasonable resources of SCP Security (determined in its sole discretion) and any other ancillary means necessary.

6.2 PANIC SYSTEM CLIENT: The dispatch of a reaction officer to investigate a bona fide call or panic signal received in the Control Room and where possible contain the situation that was brought to the attention of the Control Room by any means.

6.3 PANIC ONLY: from a full reaction client or panic system only client.

6.3.1 On receipt of a panic-alarm signal, SCP Security shall respond in accordance with our procedures, unless otherwise agreed in writing between the parties.

6.3.2 On receipt of a panic-alarm signal, SCP Security shall dispatch a reaction officer to the Client's premises to investigate the call.

6.3.3 The Client shall be responsible for re-setting the alarm system and testing that it is functioning correctly.

6.4 PATROL CLIENT: The dispatch of a reaction officer to investigate a bona fide call received in the Control Room and, if possible, contain the situation that was brought to the attention of the Control Room by any means whatsoever.

6.5 MEDICAL RESPONSE: SCP Security shall, on receipt of the Client's request or in the event the Client is incapacitated, respond in accordance with the standard SCP Security procedures and shall, if deemed necessary, contact ER24 or any other medical service approved by SCP Security, unless otherwise agreed upon in writing between the Client and SCP Security. SCP Security will not be held liable for any medical or ambulance treatment or expenses or any other expenses resulting from such an event.

 

7. SIGNALS AND SERVICES

7.1 Only those signals and/or services in the SCP SECURITY standard agreement will be responded to.

7.2 Whilst the system is an advanced security system, it does not offer guaranteed protection against housebreaking, burglary or emergency. Any alarm system, whether commercial or residential, is potentially subject to compromise for a variety of reasons.

7.3 It is the Client’s responsibility to maintain his/her alarm system and to ensure that signals can be received by the SCP SECURITY Control Room. The Client will be responsible to test the communication to the SCP SECURITY Control Room at least once a month.

 

8. OBLIGATIONS OF CLIENT

8.1 It is the Client's responsibility to maintain his/her alarm system and to ensure that signals can be received by the SCP Security control room. It is recommended to regularly test the system by contacting the SCP Security Control Room in advance to advise that such a test will be conducted.

8.2 The risk of damage to, destruction or theft of the transmitter shall pass to the Client on installation thereof at the Client's premises.

8.3 The Client will not alter or modify the transmitter or allow any alteration or modification by any technician not authorised by SCP Security.

8.4 The Client will ensure that the transmitter is not utilised for any purpose save for the purpose as contained in this Agreement.

8.5 The Client will be responsible for ensuring that the equipment is at all times operational and furthermore undertakes to inform SCP Security of any faults or problems in respect of such equipment immediately when such fault or problem is discovered.

8.6 In the event of the Client's premises being burgled and/or the Client's security being breached and if under such circumstance, SCP Security is unable to contact the Client for whatever reason, SCP Security may, at its sole discretion, secure the premises or arrange for the placement of a security officer at the premises, the additional charges in regard thereto being for the Client's account.

8.7 The Client agrees at his own expense to keep the premises in a condition conducive to the proper operation of the equipment and will take all reasonable steps to ensure that the equipment is not activated for reasons other than a bona fide breach of security.

8.8 The Client will, at all reasonable times, allow SCP Security personnel unrestricted access to its premises to enable them to perform their duties.

8.9 The Client will at all times eliminate nuisance alarms, and the Client will be responsible for payment of any additional costs incurred by SCP Security at SCP Security's normal attendance charge.

8.10 The Client will be responsible for the replacement of batteries contained in all wireless auxiliary equipment, such as remote panic buttons and other wireless security devices.

 

9. TERMINATION / CANCELATION

9.1 In the event the Agreement is terminated prior to the expiry of the Duration (clause 1), the Client will be liable to pay all fees that would have been due to SCP Security for the remainder of the duration period.

9.2 Should the Client cancel or terminate the services of SCP Security within the first 12 months following signup, the Client will be liable for the installation costs of the radio transmitter, setup, testing of the system and the technician call-out fee amount of R1500.00 (excluding vat), which fee will be payable immediately on receipt of such notice should the notice fall within the first 24 months of service in addition to the amount set out in clause 9.3 and 9.4.

9.3 On termination of the services rendered by SCP Security, the Client is obliged to arrange a meeting with the SCP Security team to remove the transmitter and ancillary equipment from the Client's premises. Should it be removed by any other party not authorised by SCP Security, the Client will be liable for a penalty of R900.00 excl. VAT to cover the cost of having a service provider test the transmitter to confirm it is in working order. The cancellation will not be considered final until the radio has been retrieved and is in SCP Security's possession.

9.4 On cancellation of this Agreement, the client shall arrange for the SCP Security team to remove the signboards affixed to the perimeter fences or exterior walls and return them undamaged (subject to normal weathering). Should these boards be removed or replaced by a party other than SCP Security or its representatives, a charge of R175.00 per board ex-vat will be due and payable on demand. The client agrees to not hold SCP Security liable for any damages due to removal of signs.

9.5 Cancellation of the agreement shall be in writing delivered electronically or by hand in hard copy format with proof of delivery/ receipt 30 days prior to the next month end.

9.6 Despite any other clause in this agreement, should either one of the parties breach any of the terms of this agreement and fail to remedy such breach within 7 (seven) days after receipt of a written notice from the other party demanding that the breach be rectified, the latter party may without affecting any other legal rights.

9.6.1 Cancel this agreement immediately, without further notice, and recover all  costs and fees incurred for the balance of the period that services were rendered.

9.6.2 Claim any other damages from the party at fault, provided that no such notice is required if the client fails to pay and continues with such failure for a period of 7 (seven) days after payment is due.

10 NON-DISPARAGEMENT

10.1 The Client and SCP specifically agree that the following provisions will be applicable to the Client’s engagement with SCP during their commercial arrangement and shall apply for an indefinite period thereafter.

10.2 The Client unconditionally agrees not disparage or encourage others to disparage SCP. For purposes of this clause, the term “disparage” includes without limitation, comments or statements made in any matter or medium to SCP’s representatives, staff members, associates, any 3rd parties, or any manner involving the press and/or the media about SCP which would adversely affect any manner of the conduct of the business of SCP, without limitations to SCP’s business plans or prospects or the business reputation of SCP.

10.3 The Client unconditionally agrees no to disparage or denigrate SCP verbally or in writing, and that neither the Client, nor anyone acting on behalf of the Client will publish, post, or otherwise release any material in written or electronic format, gain interviews, make speeches or make public statements that mentions SCP, its operations, clients, employees, products, or services without the prior written consent of SCP.

10.4 The Client understands that the reputation of SCP and its staff is of significant proprietary and economic value, and that any breach of the above provisions will cause SCP significant economic harm. In this regard, the Company shall be entitled to claim damages from the Employee.

11. DOMICILIUM CITANDI ET EXECUTANDI

11.1 SCP SECURITY and The Client hereby choose as their domicilium citandi et executandi for all purposes in terms of this agreement the address as set out on the face thereof.

11.2 Any document shall be deemed to have been received by the other party:

11.2.1 On the date of delivery, hand delivered or e-mailed.

11.2.2 Within 7 (seven) days of delivery by Registered Post or courier.

12. CESSION

SCP Security shall be entitled to cede its rights in terms of this Agreement to another party at its discretion. The Client shall not be entitled to cede this Agreement without the written consent of SCP Security.

13. BREACH AND DISPUTE RESOLUTION

13.1 In the event the Client breaches any of the provisions contained in this Agreement and fails to remedy the breach within 7 (seven) days from date of a receipt of a written demand from SCP Security calling upon the client to do so, SCP Security may elect to terminate this Agreement and claim damages against the Client. The parties agree that the Magistrates Court shall have jurisdiction to adjudicate such a dispute.

13.2 In the event the Client wishes to raise a dispute against SCP Security, the Client shall attempt to have the dispute resolved with SCP Security within 7 (seven) days. Failing which, the Client may approach the National Consumer Commission for relief. 

14. PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPI”)

14.1 The parties acknowledge that in performing their obligations under this Agreement, they may have access to and come into possession of ‘personal information’ as defined in POPI and therefore undertake to secure the integrity and confidentiality of personal information in compliance with POPI and Promotion of Access to Information Act 2 of 2000 (“PAIA”).

14.2 The Client shall be required only to disclose and provide personal information that necessitates the parties' engagement. The Client must ensure that all such personal information and related details supplied are complete, accurate and up to date.

14.3 SCP Security shall take all reasonable measures that any personal information provided shall be done in compliance with POPI.

14.4 The parties shall indemnify and keep one another indemnified against all possible claims brought by an individual/entity with respect to the treatment/handling of their personal information provided to the other.

14.5 The Client agrees to and is aware that upon sign-up with SCP Security the Client agrees to 'Opt In' and subscribe to SCP Security’s marketing campaigns, notices, newsletters and other important mailers distributed online from time to time via social media including, E-Mail, WhatsApp, SMS, Telegram etc.

I/We hereby authorise Netcash (Pty) Ltd to issue and deliver payment instructions to your banker for collection against my/our abovementioned account at my/our abovementioned bank on condition that the sum of such payment instructions will not differ from my/our obligations as agreed to in the Contract Reference Number.

 

The individual payment instructions so authorised must be issued and delivered on the date when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not differ as agreed to in terms of the Agreement.

 

The payment instructions so authorised to be issued must carry the Contract Reference Number, included in the said payment instructions, and must be provided to identify the specific contract. The said Contract Reference Number should be added to this form in section E before the issuing of any payment instruction and communicated directly after having been completed.

If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday) I agree that the payment instruction may be debited against my account on the following business day; or

 

Subsequent payment instructions will continue to be delivered in terms of this authority until the obligations in terms of the Agreement have been paid or until this authority is cancelled by me/us by giving you notice in writing of not less than the interval (as indicated in the previous clause) and   sent by prepaid registered post or delivered to your address indicated above.

 

B. MANDATE

I/we acknowledge that all payment instructions issued by you will be treated by my/our abovementioned bank as if the instructions had been issued by me/ us personally.

 

C. CANCELLATION

I/we agree that although this authority and mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/we also understand that I/we cannot reclaim amounts, which have been withdrawn from my/our account (paid) in terms of this authority and mandate if such amounts were legally owing to you.

 

D.  ASSIGNMENT:

I/We acknowledge that this authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party.