Please note that these Terms and Conditions could change from time to time without notification, to stay up to date with the legal requirements of the law. It is therefore important to visit this page on a regular basis to stay informed.
1.Definitions
1.1.Commencement data shall mean as stated overleaf:
1.2.“The Client” shall mean the client details as per overleaf.
1.3.“The Service” shall mean the services requested by the client overleaf.
1.4.“The Company” shall mean Swart Security.
1.5.“The Renewal Date” shall mean a period of 24 calendar months from the date of signature thereof.
1.6. “Rental System” shall mean the Alarm System installed by the Company that is the property of the Company and rented by the
Client.
2.Response Service:
2.1. The parties hereto agree that the Services rendered by “The Company” in terms is for the sole purpose of the rapid arrival of armed personnel with Armed Response training to deal with any security emergency or traumatic medical treatment required as well as to notify the necessary authorities and medical services of an incident requiring their attention. For the purpose of this Clause, the interpolation of rapid arrival shall at all times be subject to those conditions and/or eventualities beyond The Company’s control.
3.Not a Substitute for Medical Attention
3.1. The Client acknowledges that the Security Service supplied in terms hereof is not a substitute for the attention of registered or qualified medical practitioners, nor is it represented to be.
3.2 Swart Security has an agreement with Resq Medix Ambulance Services to transport sick and injured clients from the registered address on the contract to the nearest appropriate medical facility at a 50% discounted rate of the medical aid tariff.
3.3 The clause is 3.2 is ONLY valid if the client contract is paid up to date with all amounts owing. In the event that the account is not paid up to date this agreement between Swart Security and Resq Medix Ambulance Services becomes null and void and the client will be held responsible for the full account from Resq Medix Ambulance Services.
3.4 This agreement between Swart Security and Resq Medix Ambulance Services is ONLY valid for Swart Security Clients and NOT to persons not living on the registered premises.
4. False Alarm it is further agreed that:
4.1. The Client shall pay The Company R75.00 (Seventy Five Rand) per call out in the event that the call out proves to be a false alarm due to negligent use or the malfunction of the Clients alarm or transmission equipment.
4.2. ABUSE OF SERVICES PROVIDED BY THE COMPANY The client undertakes not to deliberately call on The Company to render services in terms of the Agreement for any reason other than a true emergency. In the event of a breach of this provision by the Client, a charge of not less than R110.00 (One Hundred and Ten Rand) will be levied. The Company at all times reserves the right to cancel the Agreement forthwith should, in its opinion, the Client abuse the services provided by it.
5.Monitoring Service
5.1. The Company shall, from the Commencement Date until termination hereof, provide a service to the Client, comprising of :
5.1.1 Twenty Four Hour monitoring of the Clients alarm system by Telephone and/or Radio communicator
5.1.2. The rapid notification of the necessary key holders designated in writing by the owner in the event the client's alarm system is activated and no satisfactory telephonic clearance is forthcoming from the premises.
5.1.3. For the purpose of Clause 5, rapid notification shall at all time be subject to those conditions and/or eventualities beyond The Company’s control.
5.1.4. The Client shall not be entitled to hold The Company responsible for any malfunction of their alarm system.
5.1.5 A/C power supply monitoring is only providing to monitor the power to the alarm unit and not other A/C powered equipment unless specifies overleaf.
5.1.6. The Radio transmitter remains the property of the Company.
5.1.7. The Client shall pay The Company annual radio License fees as per amount indicated overleaf if an applicable, which will automatically be deducted by the Company on the 1st day of December of each year if not on debit order.
6. Provisions Common to Both Response and Monitoring Services
6.1 Charge:
6.1.1 In consideration of the service provided by The Company in terms thereof, The Client shall pay the fee as stated overleaf per month/annum subject to escalation from time to time in The Company’s desecration. An increase of 10% on the 1st of April every year will be applicable.
6.1.2. The Client will be given one (1) months notice of any escalation of the commencement rate.
6.1.3. All monitoring and annual payments are due in advance.
6.1.4. In the event of any payment being overdue, The Company will be entitled to charge The Client Interest, from the date of The Client’s relevant invoice or request for payment until the date of actual payment at the Prime rate plus 7% per annum. Phone calls charged separately at based on a rate per minute when phoning for overdue accounts.
6.1.5. Overdue payments will result in the suspension of services should the Client fail to attend to payment of all amounts due within five (5) days of receipt of business’s written request to remedy the aforementioned breach.
7. Duration Termination
7.1. This Agreement shall continue for a period of twenty-four months or unless stated otherwise on the first page of this agreement.
7.2. This Agreement may be terminated:
7.2.1 By the Client giving The Company twenty (20) business days written a notice of his/her intention to cancel.
7.2.2 By The Company by giving the Client twenty (20) business days written notice of the intention to cancel.
7.2.3 By The Company forthwith in circumstances envisaged in clause 4.2
8. Indemnity
8.1 The Company endeavours to ensure the personal safety of the Client, Household Members and or any Third party, including any possessions at or in the service address. The Company, its employees and servants, however, will not be liable for any loss or damage, of whatsoever nature, suffered by the Client to its person or property unless such damage has regard to circumstances within the Companies reasonable control.
8.2 The Client hereby grants The Company without derogating from any of the other rights and powers Available to The Company under the Criminal Procedure Act No 51 of 1997 (“the act”) the authority in terms of Section 42 (3) of the Act to arrest any person found committing any offence on the Clients property.
8.3. Neither The Company nor its employee shall be liable for its inability to perform any of its obligations of the service under this agreement arising out of any factors beyond its reasonable control.
8.4 The Client hereby accepts that firearms will only be used in unavoidable circumstances, this being at the discretion of The Company and hereby grants permission for the usage thereof and will not hold the Company liable for any loss or damage to the Client’s property, if such loss or damage was beyond the Company’s reasonable control.
8.4.1 The Client specifically agrees that The Company is not in the insurer and the payment provided for herein are based on the cost of the services to be provided in terms hereof and that these services are provided for the purpose of minimizing the risk of burglary and/or client’s personal safety and not eliminating it.
9. Jurisdiction
9.1 The Client hereby consents to the jurisdiction of the Magistrate’s Court in respect of any claims arising out of these Agreements.
10. Breach in the event of:
10.1 The non-payment of any monies or portion thereof in terms of this agreement on the due date.
10.2 The breach by the Client of any of the other conditions of this agreement.
10.3 The Client’s insolvency, The Company shall have the rights to forthwith.
10.4 Cancel the agreement.
10.5 To claim any payments due.
10.6 To claim any damages for such breach of contract.
10.7 The Client furthermore agrees to pay all costs and disbursements, including legal costs on the attorney and own client scale, collection commission, tracing charges and interest. Incurred by The Company in enforcing any of its rights in terms hereof.
10.8 In the event of any legal action being instituted against me for recovery of any amount whatsoever, I shall be liable for all legal costs incurred including admin costs,10% receipting fee. If the matter should be defended, I will be liable for legal costs on an attorney/client scale. The policy of the operation of this practice has been explained to me verbally.
Please Note: Once the account has been handed over – NO FURTHER CONTACT WITH OUR OFFICES WILL BE PERMITTED.
And the National Credit Act 34 of 2005 is not applicable to this claim.
11. Sole Agreement
This agreement is the full and final Agreement between the parties. No representation, warranties, terms and conditions not recorded in this document shall form part of this Agreement and no variation of this Agreement shall be of any force and effect unless in writing and duly signed on behalf of both parties.
12. Cession, Assignation and Transfer
“The parties hereto acknowledge that The Company shall be irrevocably entitled to cede, assign and transfer this agreement or any portion thereof to any other company which is a subsidiary of or associated with the holding company Resq Medix cc hereafter the contractual nexus shall be between the Client and the Concessionary only.”
13. Dormicillium citande et executandi
(Address for the purpose of serving legal documents), as well as the address for service of all documents and other purposes incidental to or arising out of this Agreement. The Client hereby binds himself/herself in his/her personal capacity as surety for a co-principal debtor in solidum for the due performance of all the Client’s obligations under this Agreement.
14. Link-up clause:
14.1 The link up to The Company is subject to The Company gaining access to the software of the Control Panel.
14.2 Should the Client not be able to supply the Company with the installer code and permits the Company to default the Control Panel, The Client must be aware that, if there is a lockout code programmed on the Control Panel, all programmed information could be lost and the Control Panel may not be functional thereafter. The Client will also indemnify the Company, its Directors, Members, Employees or any representative of the Company from any claims that may arise.
14.3 The Control Panel location must comply with the SAIDSA By-law 25 Installation requirements, if not, The Company reserves the right to move such a panel at the client's cost, to assure compliance with SAIDSA By-law 25.
14.4 Should the Client not agree to the above-mentioned clause (14.3) the client hereby indemnifies The Company from any claims that could occur.
15. Telephone line clause:
15.1 In the event that there is no telephone line installed at the installation premises, the onus is on the client to notify The Company when the telephone line installation is complete.
15.2 The client can notify The Company via a detailed email or fax.
15.3 The Client can not penalize The Company to delay payment in the event where the telephone line is not installed.
16. Rental Systems:
16.1 The Rental System remains the property of the Company. Rental System Agreements will require a minimum contract of 24 months. In the event that the Client cancels his Rental Agreement / Client Contract prior to the end date of the agreement, the balance of the agreement will become due immediately.
16.2 Only Swart Security APPROVED Technicians may work on the Rental System. Failure to comply with this condition could result in the Client be charged for a new complete system.
16.3 Upon termination of the rental agreement / Client Contract the Company will remove the Rental System from the Clients premises without any obligation to the Company to restore the premises to its condition prior to the installation of the Rental System. In the event that the Client refuses to return the Rental System reserves the Company the right to charge the Client for a new system.
info@swartsecurity.co.za