Terms and Conditions
All of the Customer’s orders for and purchases of Products and/or Services from CSS Protection c.c. t/a Community Support Services (Registration Number: 2009/227548/23) (hereinafter referred to as “CSS”) and/or any contract resulting therefrom and/or relating thereto will be subject to these Terms and Conditions, as read with the applicable written quotation and/or Offer (if any) given by CSS to the Customer in respect of the Products and/or Services concerned, which Terms and Conditions, as read with the said quotation (if any), apply to the exclusion of all other terms and conditions, whether express, tacit and/or implied. The Customer, by ordering Products and/or Services from CSS, acknowledges that no terms and conditions which the Customer purports to attach to its ordering, delivery and/or purchase of Products and/or Services will be binding on CSS, and the Customer agrees that all such terms and conditions which the Customer purports to attach will be of no application and deemed to have been substituted by these Terms and Conditions, as read with the said quotation and/or Offer (if any). In the event of there being a conflict between the provisions of any such applicable written quotation and/or Offer and these Terms and Conditions, the provisions of these Terms and Conditions will prevail over the provisions of the written quotation and/or Offer.
- IMPORTANT NOTICE
- Your attention is brought to the fact that these Terms and Conditions may contain:
- provisions that amount to a limitation of CSS’ liability and/or risk to CSS;
- provisions that amount to an assumption of risk and/or liability by you as the Customer;
- provisions that impose obligations on you, the Customer, to indemnify CSS and/or third parties; and
- acknowledgments of facts by you, the Customer.
- All such provisions (as well as other provisions that are important) appear conspicuously in these Terms and Conditions in the same bold text and font as this clause, thereby bringing your attention thereto. Such provisions are important and therefore are to be carefully considered by you, the Customer, before you request a quotation for, place an order for and/or purchase Products and/or Services from CSS or offer any consideration in respect thereof.
- If there is any clause, provision, paragraph or sentence in these Terms and Conditions that you, the Customer, do not understand and/or in respect of which you are uncertain as to your rights, risks and/or obligations, you are not to request a quotation for, place an order for and/or purchase Products and/or Services from CSS or offer any consideration in respect thereof before first obtaining advice thereon, including (where necessary) legal advice.
- No provision in these Terms and Conditions are to be construed against or interpreted to the disadvantage of a party by reason of such party having or being deemed to have constructed, drafted or introduced such provision.
- You hereby confirm and agree that before you requested a quotation and/or Offer for, placed an order for and/or purchased any Products and/or Services from CSS:
- you have been given enough time to read these entire Terms and Conditions;
- you have taken the time to read these Terms and Conditions and understand all of your rights, risks, and obligations; and
- when so reading these Terms and Conditions, you have carefully read and paid proper attention to those provisions and clauses that are in bold print.
- Your attention is brought to the fact that these Terms and Conditions may contain:
- THE CONSUMER PROTECTION ACT (“THE ACT”)
If any of the provisions of these Terms and Conditions are found to be in conflict with the provisions of the CPA, then such invalid and/or unenforceable provisions will be severable from the remainder of the provisions in these Terms and Conditions and the applicable provisions of the CPA will prevail thereover, however, the remaining provisions of the Terms and Conditions will nevertheless remain valid and binding on all parties involved.
- THE TERMS AND CONDITIONS
WHEREFORE NOW the Customer wishes to make use of the Services of CSS CC based on the terms and conditions stipulated in this Agreement. CSS shall provide the Services to the Customer at the Premises subject to the terms and conditions of this Agreement from the Start Date.
Account Holder: The individual, whether parent, spouse, life partner or co-tenant at the Premises who signs this Agreement and is bound as co-surety to this agreement and who makes payment for services in terms of this Agreement.
Act: The Private Security Industry Regulation Act 56 of 2001 and the Regulations in respect thereof and where applicable the Fire Brigade Services Act 99 of 1987, the regulations and by-laws.
Agreement: This Offer with Terms and Conditions, once it has been accepted by CSS, and any instructions and annexures/schedules.
Alarm Receiving Centre: The place to which signals from the System are transmitted and are monitored by CSS.
Personnel: Security Officers duly employed by CSS who attend to alarm activations and, in the case of armed response units, carry a firearm and have the necessary qualifications and industry-approved registrations; and personnel of CSS, in affiliation with Fire Ops, who attend to either fight a fire or investigate the cause of smoke emitting from the Customer’s premises.
Customer means the person who makes the Offer contained in this document and who orders and purchases from the CSS any Products and/or Services and may herein also be referred to as you, you’re, your, the Customer.
Commencement and Start Date: Is deemed to be the date of the last party signing this agreement.
For new Systems, the date upon which the Independent Installer or CSS completes installation of the System and you (or your representative) and CSS or the Independent Installer sign the Hand-Over Certificate. Where you have a system already installed at the Premises, the Start Date is the date on which the Independent Installer or CSS completes inspection, testing and approval of your existing system (the process) and the Customer (or the Customer’s representative) and CSS or the Independent Installer sign the Hand-Over Certificate. The process shall be deemed to have been complete when CSS receives the first signal from the Customer’s system.
Emergency Response: The procedure that CSS, the police or any other armed Response Company or other nominated party carry out when the Alarm Receiving Centre informs them that a signal has been received from the System and/or the procedure that will be carried out in the case of a fire or possible fire.
Equipment: means all equipment installed at the premises by CSS or its agent or a third party and includes, but is not limited, to alarm systems, transmitters, intercom systems etc.
Extra Charges: The extra charges referred to in clause 6 below.
Hand-Over Certificate: The document to be signed by you or your representative at the premises, who will be deemed to be authorised at the time, which confirms that the system has been satisfactorily installed and that you have been instructed in its use. The Hand-Over certificate shall be deemed to have been signed when CSS received the first signal from your premises to the alarm receiving center.
Independent Installer: A company, other legal entity, or individual conducting business on its own behalf and Independently from CSS, may include an Authorised dealer, Independent Installer is not CSS agent or representative for any purpose other than the sole purpose of presenting CSS service agreement to the customer and signing the Hand-Over Certificate in a case where CSS will be providing the Monitoring and/or armed response service to you.
Instruction: Any instructions CSS issues to the Customer from time to time by any means, including any verbal instruction and any manual relating to the System or in the case of a fire or other emergency.
Juristic Person: means its plain English meaning and, without derogating from the generality of the aforegoing, includes a company, close corporation, body corporate, partnership, association, Trust (as defined in the Trust Property Control Act, No. 57 of 1988) and any other corporate entity that is not a natural person, irrespective of whether or not the Juristic Person concerned was established within the Republic of South Africa
Keyholder: Any third party you have chosen from time to time to hold the keys to the Premises and who may be contacted when a signal is received by CSS at the Alarm Receiving Centre.
Link-up: When CSS links up an already existing and installed alarm system, previously not installed by CSS, to be monitored and responded to by CSS under the terms and conditions of this Agreement.
Natural person: means its plain English meaning and, without derogating from the generality of the aforegoing, includes individual and living human beings.
Normal Working Hours: 8am to 5pm, Monday to Fridays, excluding public holidays.
Offer: The offer by the Customer to CSS to provide the Customer with the Services on the terms and subject to the conditions set out in this document.
Pet Passives: Passives installed and linked to the System which are not sensitive to the movements of small to medium sized dogs on the premises. Large domestic pets may still activate these passives.
Premises: The building where the System is installed or any other premises where you install the System from time to time and require CSS to render the services or the address as detailed in the agreement.
Products means those goods listed, from time to time, by CSS on its website and/or elsewhere as being available to be purchased by the Customer from CSS.
Prime Rate: The rate of interest published from time to time by CSS’s bank as its prime overdraft lending rate (nominal annual compounded monthly in arrears), determined on the 365 (three hundred and sixty five) day year factor, irrespective of whether or not the year is a leap year, as certified by any manager of such bank, whose appointment and authority it shall not be necessary to prove.
Satisfactory Explanation: Any explanation which is satisfactory to CSS in CSS sole discretion.
Services: The services described in this Agreement and chosen by the Customer. The Services depend on the service category the Customer has chosen in the quotation/offer/Service Schedule.
System: The Alarm monitoring equipment, including the detection equipment and/or the radio/GSM transmitter/or any other equipment installed by CSS or the Independent Installer at the Premises including wiring and also anything CSS installs when CSS carries out repairs under this Agreement. The radio/GSM transmitter/ equipment shall at all times remain the property of CSS and will be removed upon termination of this Agreement.
Terms and Conditions: means these terms and conditions, which are applicable to the ordering, sale and/or purchase of Products and/or Services by the Customer from CSS, as set out herein.
We, our, us, the company, CSS: CSS Protection c.c. t/a Community Support Services (Registration Number: 2009/227548/23) including where appropriate our employees, agents and/or sub-contractors and our successors-in-title.
This agreement will come into operation on the commencement date and will continue for a period of 1 month from that date. Thereafter, unless terminated by the Customer giving 1 (one) calendar month written notice, this agreement will automatically renew on the same terms and conditions on a month-to-month basis.
- DELIVERY AND INSTALLATION
- CSS undertakes, as soon as reasonably possible after the signing of this Agreement to install the equipment and/or the radio transmitter and antenna whereafter any one or more of the services specified in the Service Schedule will commence.
- The Customer will at all reasonable times allow CSS free access to the premises, to enable CSS to complete the installation.
- Unless specifically agreed upon in writing by CSS, no structural work or the chasing of walls will be undertaken. It is also agreed that any necessitated by structural work, including plaster, paving, and painting, will be the responsibility of the Customer.
Our principal suppliers under their warranty cover all equipment for a period of twelve (12) months from the date of completion of installation. All guarantees/ warranties, however implied, expressly exclude normal fair wear and tear, labour and travel cost and also specifically exclude lightning damage; power surges; water damage; malicious damage and acts of God, all of which will be for your account.
- The maintenance services will be provided on the basis of the maintenance plan that you have chosen on the Service Category schedule of this Agreement. This shall apply only to an Owned System.
- Inspection and repair of the System upon your reasonable request during normal Working Hours. This shall apply to only a Rented System.
- BRIEF DESCRIPTION OF SERVICES
- ARMED REACTION: The dispatch of an armed reaction officer to investigate a bona fide call and if possible, contain the situation that was brought to attention of the control room by any means.
- MONITORING: The monitoring of electronic or mechanical device by the CSS control room and/or Reaction vehicle.
- PANIC ONLY
- On the receipt of an alarm signal, CSS shall respond in accordance with the standard CSS procedures unless otherwise agreed between the parties in writing.
- On the receipt of a panic alarm signal, a CSS Armed Reaction officer shall be dispatched to the Customer's premises to investigate the call.
- The Customer shall be responsible for resetting the alarm system.
- MEDICAL RESPONSE: CSS shall on receipt of a medical request, respond in accordance with standard CSS procedures and shall contact the medical response provider appointed by CSS.
- FIRE OPS RESPONSE: CSS shall on receipt of an alert/request relating to fire or smoke emitting from the premises, respond in accordance with standard CSS procedures and shall contact and/or despatch the Fire Ops provider appointed by CSS.
- ONLY THOSE SIGNALS AND/OR SERVICES IN THESE TERMS AND CONDITIONS WILL BE RESPONDED TO.
- Whilst this system is an advanced design security system, it does not offer guaranteed protection against burglary or emergency. Any alarm system, whether commercial or residential, is subject to compromise for a variety of reasons. For example:
- Intruders may gain access through unprotected areas or openings or have the necessary expertise to bypass an alarm sensor or disconnect an alarm warning/ signalling device.
- A user may not be able to reach a panic or emergency button quickly enough.
- Passive infrared motion detectors can only detect intrusion within the designed ranges as diagrammed in their installation manual. By nature of their design, they do not provide volumetric area protection but do create multiple-beam protection within the protected area where the beams are unobstructed. They cannot detect motion or instruction that takes place behind walls, partitions, ceilings, closed doors.
- Alarm warning devices such as sirens, bells, strobe lights etc; may not alert people, or even if heard or seen, may not react.
- Radio equipment, like any other electrical device, is subject to component failure.
- Even though this equipment is designed to last as long as 10 years, the electronic components could fail at any time.
- The most common cause of an alarm system not functioning is inadequate maintenance. This system should be fully tested on a monthly basis to make sure all the sensors and transmission of alarm signals to your central monitoring station are working properly.
- LINK UP
- In The event that you have an existing alarm system on the Premises, and you do not require CSS to install a new system or upgrade the existing System, CSS will where possible, provide you with a radio/GSM communicator Link-up to your existing System under the following conditions:
- You acknowledge that CSS did not supply nor install your current System and that in order for CSS to receive signals, certain modifications may be required in order for the Radio/GSM Transmitter to be able to send the correct information to the Alarm Receiving Centre. You undertake to allow CSS access to your current System in order to make any necessary modifications alternatively you shall arrange for an independent technician of your choice to attend to the modifications as per CSS requirements.
- You confirm that your current System and all the components thereof are in full working order and are able to perform the task for which they are intended and you acknowledge that in the event of a failure of your existing System, CSS cannot be held liable under any circumstances.
- CSS will inspect the existing System and issue a Hand-Over Certificate if the System is in order and conforms to the required standards for effective operation and will then continue to link you up.
- The total balance due in the terms of the initial quotation and/or offer will be paid by the Customer to CSS immediately after installation, unless otherwise agreed upon in writing by CSS.
- The Customer will pay CSS all amounts set out in the quotation and/or offer, monthly in advance. The first payment due in terms of the quotation and/or offer is payable on the date of completion of the installation and all further payments will be made by not later that the 7th (seventh) day of each and every successive month without any deductions or demand.
- An annual communication link fee is payable to CSS before Installation of the radio transmitter and thereafter annually on the 1st (first) day of each succeeding year. CSS undertakes to pay the relevant authorities all amounts due in respect of the communication fee.
- The Customer agrees that the communications link fee and pro-rate portion of the first month's service fee may be debited to his/her account and collected via debit order at the beginning of the first month following the signing of this Agreement.
- You or the Account Holder shall further be obliged to pay the service charges provided for in the quotation and/or offer and elsewhere in this Agreement monthly in advance by debit order.
- CSS will require payment by Electronic Fund Transfer in advance for the first month’s charges to allow time for the debit order to be established.
- In the event of the Customer authorising payment by way of a debit order, then CSS will be entitled to draw against the Customer's banking account any amount in terms of this Agreement, including arrears and any other amounts due and payable to CSS.
- You shall be obliged to pay Extra Charges and all other amounts provided for in this Agreement upon presentation of our invoice or on request of payment.
- You are also responsible for the following charges:
- Any Extra Charges or charges for work done by medical service providers, fire or other authorities, armed response service providers, or by any telecommunications agency, the Independent Installer or any other party not covered by this Agreement.
- To pay any bank charges and costs related to a debit order rejection fee. You undertake to inform CSS within 10 working days of the date for your next debit order in writing of any changes to your debit order instruction or banking details.
- You will be liable for payment of installation costs and labour, which may in certain circumstances be waived by CSS, however, should you prematurely terminate the Service Agreement, you will be liable for immediate payment of such costs to CSS, as set out below.
- You will be liable for payment of installation costs and labour of the Independent Installer and, should you not settle the amount due directly with the Independent Installer, you hereby authorise CSS to recover such amounts from you by way of debit order.
- In the event of any payment being overdue, CSS will be entitled to charge you interest, from the date of CSS’s relevant invoice or request for payment until the date of actual payment at the Prime Rate plus 2%.
- CSS is not obliged to and does not accept post-dated cheques.
- Any other amounts payable in terms of this agreement, will become payable on demand.
- In the event of any breach by you of your payment obligations, unless otherwise provided in this Agreement, CSS shall be entitled to suspend the performance of its obligations to you and to disconnect and/or remove the rented System and or radio/GSM transmitter without any notice to you and CSS may charge you a reasonable penalty.
- INCREASE IN FEES
CSS will at its sole discretion be entitled upon 1(one) month's written notice to the Customer, to increase its monthly fees which at all times will be reasonable and based on both economic factors and industry norms.
- The Customer will take ownership of the equipment specified in the Equipment Schedule once all amounts have been paid. These amounts are payable immediately after installation.
- Any other equipment installed by CSS remains the property of CSS until fully paid for by the Customer.
- Ownership of the radio transmitter and antenna will at all times remain vested in CSS and the Customer therefore agrees to the removal of this equipment in the event of cancellation of this Agreement by either party for whatever reason
- CSS may delegate its obligations in terms of this agreement to any of its subsidiaries, associated companies, or similar CSS approved companies.
- YOUR OBLIGATIONS
You are obliged in addition to your other obligations contained in this Agreement:
- To use your best efforts to ensure that the Premises and the contents thereof are safe and without risk for CSS representatives in doing what CSS is obliged to do in terms of this Agreement.
- To notify CSS in writing of the changes to the name(s), residential address(es) and telephone number(s) of the Key holders with whom CSS may communicate regarding the System.
- Not to appoint a Key holder who does not enjoy the use of an operational telephone, and to immediately revoke any such appointment if such person previously appointed as a Key holder no longer enjoys the use of an operational telephone.
- For you or your appointed Key holder to attend to the Premises as soon as is reasonably possible after being called to do so by CSS and to assist in the reasonable securing of the Premises.
- The Customer will at all times eliminate nuisance alarms and the Customer will be responsible for payment of any additional cost incurred by CSS, at CSS's normal charge.
- The Customer will at all reasonable times allow CSS, its servants, personnel, affiliates and/or agents, free access to his/its premises, to enable them to perform their duties.
- The Customer will permit CSS to erect suitable signage on the property and/or boundary walls.
- To provide CSS with clear instructions with regard to domestic pets and possible dangers thereof as well as to update CSS of any newly acquired domestic pets which may pose a threat to the Personnel when entering the Premises. CSS reserves the right not to enter your Premises should you have domestic pets which we deem hazardous to the safety of our Personnel.
- Not to, nor allow your employees or invitees to remove the System from the Premises or from the position in which it is installed or interfere with or alter the System in any way whatsoever for the duration of this Agreement.
- To pay your electricity and other bills timeously and to ensure that your electricity is such that the System and the Services are not affected. In the event that you have a radio/GSM transmitter, you hereby acknowledge that in order for a signal to be received by the Alarm Receiving Centre your Alarm System/Transmitter must be in working order.
- The Customer will forthwith notify CSS of any structural alteration or any other modification to the premises which might affect the proper functioning of the Equipment and/or radio transmitter and antenna.
- In the event that you move Premises, you will notify CSS to reconnect you in your new Premises so that CSS is able to continue to provide you with the Services, however CSS in its own discretion may refuse to reconnect you if your new Premises is situated in the area which is not serviced by CSS. You will in such instances be liable for a connection fee at CSS standard rates applicable at the relevant time, which shall include the installation of a transmitter (if applicable).
- Where CSS reconnects you to the new Premises in terms of 15.12 above, you will be required to sign a new agreement with the same terms and conditions, which will reflect the new Premises for the remainder of the duration of this Agreement.
- Where CSS is unable to re-connect you, for any reason that is not due to CSS’ fault, CSS may terminate this Agreement and charge you a reasonable penalty.
- We do not know the value of the Premises or its contents and the purpose of this Agreement is not to act as insurer to you, your invitees, your Premises, or the contents thereof. It remains your responsibility to ensure that the contents and your premises are adequately insured.
- OBLIGATIONS OF CUSTOMER IN RESPECT OF THE EQUIPMENT AND/OR RADIO TRANSMITTER AND ANTENNA AND ADDITIONAL PAYMENTS
- The Customer shall be responsible for ensuring that the equipment is used with due skill and care and that it is kept in good working order and housed under suitable conditions.
- The risk of damage to, destruction or theft of the equipment shall pass to the Customer on installation thereof on the Customer's premises.
- The Customer will not alter or modify the Equipment or allow any alteration or modification in respect thereof.
- The Customer will ensure that the Equipment is not utilised for any purpose save for the purpose contained in this Agreement.
- The Customer will be responsible to ensure that the Equipment is at all times operational and undertakes to inform CSS of any faults or problems in respect of such Equipment as soon as the fault is discovered.
- The Customer will be responsible to test the communication to the CSS control room at least once per month to ensure the proper function of the communication, and in any event not later than 72 (seventy-two) hours prior to vacating or leaving the Premises unattended for any period exceeding 7 (seven) days by contacting the CSS control room.
- The Customer will be responsible for paying all cost in relation to the supply of electricity and the reticulation thereof to any of the Equipment, together with any other charges in regard thereto.
- In the event of the Customer's premises being burgled and/or the Customer's security breached and if under such circumstance CSS is unable to contact the Customer for whatever reason, CSS may either in its sole discretion repair all the damage necessary to secure the premises, or arrange for the placement of a security officer at the premises, the additional charges in regard thereto being for the Customer's account.
- The Customer agrees at his own expense to keep the premises in a condition which is conducive to the proper operation of the Equipment and will take all reasonable steps to ensure that the Equipment is not exposed to situations where it may be activated for reasons other than a bona fide breach of security.
- The Customer will not allow the radio transmitter and antenna to become subject to any lien, hypothec, pledge or any other encumbrance or judicial attachment, not let any part or possession of nor abandon same, nor offer nor attempt to do any of the foregoing. Should the radio transmitter become subject to any lien, hypothec, pledge or any other encumbrance, the Customer will immediately procure the release thereof.
- The Customer will, move at his own expense, any heavy equipment, and obstacles, to enable CSS to perform any service/ maintenance in terms of this agreement
- Should the South African Telecommunications Regulatory Authority (SATRA) reallocate the radio frequency spectrum, all cost of altering and/or replacing the radio transmitter will be charged to the Customer.
- The Customer will be responsible for the replacement of batteries contained in all wireless auxiliary equipment such as remote panic buttons and wireless security devices.
- The Customer gives CSS, Fire Ops SA and its affiliates the authority, mandate and indemnity to enter the premises in the event of a fire or other emergency.
- LIMITATION OF CSS’S LIABILITY
- IT IS EXPRESSIVELY AGREED THAT THE SERVICES RENDERED AND EQUIPMENT INSTALLED ARE FOR THE PURPOSE OF PREVENTING OR MINIMISING THE RISK OR LOSS OR DAMAGE TO PROPERTY AND INJURY TO PERSONS BY HOUSEBREAKING, BURGLARY OR ATTACK AND THE INDEPENDENT INSTALLERGIVES WARRANTY OR GUARANTEE THAT SUCH SERVICES OR EQUIPMENT WILL BE ABLE TO PREVENT OR MINIMISE SUCH LOSS, DAMAGE OR INJURY. IT IS THEREFORE AGREED THAT CSS WILL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGE INJURY OR CONSEQUENTIAL LOSS OF WHATSOEVER NATURE ARISING OUT OF THE HOUSEBREAKING, BURGLARY OR ATTACK.
- YOU ACKNOWLEDGE THAT TO THE EXTENT THAT THE SERVICES FUNCTION AS A DETERRENT, THEY ARE NOT A GUARANTEE OF SAFETY AGAINST OR PREVENTION OF LOSS, LIABILITY, INJURY AND DAMAGE OF WHATSOEVER NATURE AND HOWSOEVER ARISING. ACCORDINGLY, WHILE WE SHALL EXERCISE REASONABLE CARE IN THE RENDERING OF THE SERVICES, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED IN AN MANNER WHATSOEVER AS PROVIDING YOU OR ANY THIRD PARTY WHOMSOEVER WITH ANY GUARANTEE OR ASSURANCE OF SAFETY OR AGAINST ANY LOSS, LIABILITY, INJURY OR DAMAGE OF WHATSOEVER NATURE AND HOWSOEVER ARISING.
- SUBJECT TO THE PROVISIONS OF THE ACT, NEITHER CSS NOR ANY OTHER PERSONS FOR WHOM CSS MAY BE LIABLE IN LAW SHALL BE LIABLE TO YOU IN RESPECT OF OR PURSUANT TO ANY LOSS, LIABILITY INJURY, DAMAGE OR CLAIMS OF WHATSOEVER NATURE (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS AND / OR ANY SPECIAL AN/OR CONSEQUENTIAL LOSS OR DAMAGES) WHETHER ARISING THROUGH THE RENDERING OR NON-RENDERING OR ATTEMPTED RENDERING BY CSS OF THE SERVICES IN TERMS OF THIS AGREEMENT OR IN DEPICT OR OTHERWISE WHETHER AT THE PREMISES IF ANY SUCH LOSS, LIABILITY, INJURY, DAMAGE OR CLAIMS ARISE AS A RESULT OF OR PURSUANT TO ANY INNOCENT OR NEGLIGENT ACT OR OMISSION ON THE PART OF CSS OR ANY OTHER PERSONS FOR WHOM CSS MAY BE LIABLE IN LAW, SAVE FOR GROSS NEGLIGENCE, FRAUDULENT OR MALICIOUS ACT OR OMISSION ON OUR PART.
- SUBJECT TO THE PROVISIONS OF THE ACT, THE CUSTOMER:
- HEREBY IRREVOCABLY WAIVES ALL AND ANY SUCH CLAIMS REFERRED TO IN CLAUSE 17.3 ABOVE.
- HEREBY IRREVOCABLY INDEMNIFIES CSS OR ANY OTHER PERSON FOR WHOM CSS MAY BE LIABLE IN LAW AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF THE SAID ACTS OR OMISSIONS, AS REFERRED TO IN CLAUSE 17.3 ABOVE, AT THE PREMISES. IT IS RECORDED THAT CSS PROTECTION HAS NO DUTY OF CARE TOWARDS THE CUSTOMER, SAVE FOR THE FACT THAT IT HAS CONCLUDED THIS AGREEMENT TOWARDS THE CUSTOMER.
- TO THE EXTENT THAT CSS RIGHTS IN TERMS OF CLAUSE 17.3 ABOVE ARE LIMITED BY THE ACT OR ANY OTHER LAW, THE PROVISIONS OF CLAUSE 20.11 BELOW SHALL BE INVOKED.
- WITHOUT IN ANY WAY LIMITING OR DEROGATING FROM THE PROVISIONS OF CLAUSE 17.3 ABOVE, CSS SHALL FURTHER NOT BE LIABLE TO YOU FOR ANY DAMAGE, LOSS, LIABILITY OR INJURY OF WHATSOEVER NATURE AND HOWSOEVER ARISING THAT MAY RESULT FROM ANY FORCE MAJEURE OR CASUS FORTUITOUS INCLUDING BUT NOT LIMITED TO UNFORESEEABLE INTERRUPTIONS IN TELEPHONE OR RADIO/GSM LINKS BETWEEN CSS AND YOURSELF, ANY ACTS OR OMISSIONS OF ANY GOVERNMENT AGENCY, PROVINCIAL OR LOCAL AUTHORITY OR SIMILAR AUTHORITY, AND LAWS OR REGULATIONS HAVING THE FORCE OF LAW, CIVIL STRIFE, RIOT, INSURRECTION, SABOTAGE, ACT OR WAR OR PUBLIC ENEMY, ILLEGAL STRIKES, INTERRUPTION OF TRANSPORT, LOCKOUTS, TREMOR, FLOOR, STORM OR FIRE.
- YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE COMPLEMENTARY TO INSURANCE COVER AND DO NOT PROVIDE AN ALTERNATIVE TO SUCH INSURANCE COVER. IT REMAINS AT ALL TIMES YOUR DUTY TO ENSURE THAT YOU HAVE ADEQUATE INSURANCE WHERE NECESSARY AND THAT THE PREMISES AND CONTENTS THEREOF (INCLUDING THE PREMISES FOR WHICH YOU, NOT BEING THE OWNER THEREOF, IS NEVERTHELESS RESPONSIBLE) ARE ADEQUATELY INSURED.
- CSS MAY BE UNABLE TO RESPOND TO A SIGNAL OR UNABLE TO RESPOND WITHIN A REASONABLE TIME FOLLOWING ANY ELECTRICAL OR OTHER TYPE OF ABNORMAL STORM OR ACT OF GOD OR ANY ADVERSE WEATHER CONDITIONS, UNLESS THE EMERGENCY IS TELEPHONED IN TO THE ALARM RECEIVING CENTRE AND IT IS OPERATIONALLY POSSIBLE AND CONDITIONS ALLOW FOR A RESPONSE BY CSS WITHIN REASONABLE TIME. IT IS FURTHER EXPRESSLY AGREED THAT CSS WILL NOT BE HELD RESPONSIBLE FOR
- ANY FAULTY EQUIPMENT SUCH AS ALARM/CCTV SYSTEMS ETC DUE TO POWER OUTAGES WHEN SIGNALS ARE NOT RECEIVED.
- WHEN INTERNET/FIBRE CONNECTIONS ARE OFFLINE/DISCONNECTED AT THE CUSTOMER'S PREMISES OR AT CSS OFFICES.
- OUR RESPONSIBILITY AND OBLIGATIONS TO YOU CEASE IMMEDIATELY WHEN THIS AGREEMENT IS TERMINATED OR THE SERVICES ARE SUSPENDED IN TERMS OF THE PROVISIONS HEREIN AND CSS SHALL FURTHER BE RELIEVED OF ALL OBLIGATIONS INCLUDING LIABILITY, SHOULD THE CUSTOMER'S ACCOUNT BE IN ARREARS.
- CSS IN AFFILIATION WITH FIRE OPS SA, ITS CHIEF FIRE OFFICER, ANY OF ITS MEMBERS AND/OR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS AS A RESULT OF BODILY INJURY, LOSS OF LIFE OR LOSS OF OR DAMAGE TO PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANYTHING DONE OR PERFORMED IN THE EXERCISE OR PERFORMANCE OF A POWER, FUNCTION OR DUTY CONFERRED OR IMPOSED IN TERMS OF THE FIRE BRIGADE SERVICES ACT 99 OF 1987, THE REGULATIONS AND BY-LAWS.
- THE PROVISIONS OF THIS CLAUSE 17 DO NOT IN ANY WAY DEROGATE FROM THE EXEMPTIONS FROM LIABILITY CONTAINED ELSEWHERE IN THIS AGREEMENT.
- TERMINATION, SUSPENSION OR RENEWAL OF THE AGREEMENT
- By accepting or signing this Agreement, you are bound to this Agreement.
- YOU AGREE THAT CSS MAY HAVE WAIVED THE INSTALLATION AND LABOUR COSTS DUE TO YOU OPTING TO SIGN UP FOR A FIXED TERM PERIOD AND, THEREFORE, IF YOU TERMINATE THE SERVICE AGREEMENT PREMATURELY, YOU WILL BE LIABLE FOR IMMEDIATE PAYMENT OF SUCH INSTALLATION AND LABOUR COSTS TO CSS.
- YOU WILL BE ENTITLED TO TERMINATE THE SERVICE AGREEMENT AT ANY TIME ON 20 BUSINESS DAYS’ WRITTEN NOTICE, HOWEVER, IF YOU TERMINATE THE SERVICE AGREEMENT PREMATURELY, YOU WILL BE LIABLE FOR IMMEDIATE PAYMENT OF ALL ACCOUNTS DUE AND OWING AS AT THE DATE THE CANCELLATION TAKES EFFECT AS WELL AS A REASONABLE EARLY TERMINATION PENALTY, WHICH PENALTY IS CURRENTLY IN THE AMOUNT OF R990.00 INCLUDING VAT, AND MAY BE SUBJECT TO CHANGE AS DETERMINED BY CSS FROM TIME TO TIME.
- CSS may, without prejudice to any other rights which CSS may have, including the right to claim damages, and a penalty as a result of premature termination of this Agreement, either claim specific performance, terminate this Agreement or suspend its Services in terms of this Agreement on 20 (twenty) days written notice if any of the following apply, and you fail to rectify same within the said 20 (twenty) days:
- You fail to make timeous payment of any amount due to us by you;
- You commit a breach of any of your obligations under this agreement;
- In the event of your death, application is made for your sequestration, you enter into any kind of arrangement or settlement or scheme with your creditors or if a receiving order or administration order is made against you, subject to the terms of a subscription waiver policy, if applicable;
- Any legal proceedings are taken against you by CSS, or by a third party relating to the System, the Services or the Premises or any part of the Premises;
- You fail to follow any CSS recommendations CSS makes for repairing or replace faulty or old parts of the system, or for repairs to the Premises which CSS considers necessary for the System to work properly, or to prevent unnecessary damage to the System;
- You do not follow the instructions or if, for any other reason which is or ought to be within your control, there is an excessive (in CSS sole discretion) number of false alarms;
- You change the Premises in such a way that CSS believe it is no longer viable to provide the Services;
- You have, at CSS discretion, an unreasonable number of false alarms.
- At the termination of the Agreement:
- CSS will stop providing the Services forthwith and CSS shall be entitled to disconnect and/or remove the radio transmitter.
- You remain liable to CSS for any amounts owed to CSS in terms of the Agreement up to the date of termination.
- CSS may impose a reasonable cancellation penalty with respect to any Services provided to you in contemplation of the Agreement enduring for its intended fixed period.
- CSS may charge you for the installation and labour costs that were offered to you free of charge in contemplation of the Agreement enduring for its intended fixed period.
If CSS gives you written notice of suspension, which notice may be addressed to your email or postal or domicilium address, such notice suspends what CSS is obliged to do under this Agreement and CSS has no obligations until the suspension is lifted by CSS by notice in writing to you.
- Subject to the provisions of this Agreement, the Agreement will automatically renew and continue on a month-to-month basis, subject to any material changes of which CSS has given you notice, unless you expressly direct CSS to terminate the Agreement.
- DOMICILIUM CITANDI ET EXECUTANDI AND DELIVERY OF NOTICES
- The parties hereby choose as domicilium citandi et executandi for all purposes in terms of this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the addresses as set out below
Physical address: 52 Randpark Drive, Randpark Ridge, 2169
Email address: firstname.lastname@example.org the
Postal address: P O Box 71, Northriding, 2162
Physical address: _______________________________________
Email address: _______________________________________
Postal address: _______________________________________
- Any document shall be deemed to have been received by the other party:
- on the date of delivery if hand delivered;
- within 24 (twenty-four) hours, if sent by electronic mail;
- within 7 (seven) days if sent by pre-paid registered post.
- The Offer constitutes an irrevocable offer by you to CSS for CSS to provide you with the Services selected in the schedule/s.
- CSS is entitled to transfer all of its rights and obligations under this Agreement to another party without your consent and you hereby accept and approve any such transfer of CSS rights and obligations. In the event of such transfer, CSS rights and obligations to you under this Agreement shall automatically be discharged. We are at all times entitled to engage contractors or sub-contractors to carry out all or any of our obligations under this Agreement.
- If you enter into this Agreement together with any other person you and such other person are both liable jointly and severally to CSS. If payment in terms of this Agreement is made by any person other than you, such person is bound as surety and co-principal debtor in terms of this Agreement. The Account Holder shall become party to this Agreement and your liability and that of the Account Holder to CSS shall be joint and several.
- We may pass on the information you have given to us under this Agreement to any legal authority, insurer or other CSS group company and, except for your security details, for any credit reference, execution of debit orders or bad debt collection or public telecommunications agency.
- You consent to credit check and profile searches, contact details searches or traces to be conducted should the need arise.
- CSS requires the Account Holder to sign this Agreement failing which CSS shall be entitled not to provide the Services to you.
- An amount to be paid in terms of this Agreement shall be deemed to have been paid only when the EFT/DEBIT ORDER concerning such payment has been met and CSS bank account has been credited.
- You hereby consent to the jurisdiction of the High Court in respect of any actions by CSS arising under this Agreement or the implementation or cancellation or termination thereof. Should CSS wish to proceed in a Magistrate’s Court having jurisdiction, CSS may do so at its selection without precluding it from proceeding in another Court with competent jurisdiction if CSS so chooses. You agree that this consent is severable from this Agreement and shall apply even in the event of termination of the Agreement.
- You shall be liable for any legal costs incurred by CSS in enforcing the provisions of this Agreement on the attorney and own client scale, including any collection commission and tracing fees.
- You are not entitled to cede, delegate, or otherwise transfer your rights and obligations under this Agreement to any other party, unless agreed otherwise in writing by CSS.
- To the extent any provision of this Agreement is found to be void, invalid or unenforceable, for whatever reason, the parties shall procure that the provision shall (where possible to do so whilst maintaining the purpose of the Agreement) be amended to the minimum extent possible to make it valid or enforceable, or if this is not possible, shall be deleted from the Agreement. In all such circumstances, the remainder of this Agreement shall remain in force unaffected and CSS and you agree that CSS would have entered into this Agreement on all the other terms hereof even if the amended or deleted provision(s) were not agreed upon by CSS.
- Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement and continues in full force and effect.
- When any number of days is prescribed such number shall exclude the first and include the last day unless the last day falls on a weekend or public holiday in the Republic of South Africa, in which case the last day shall be next succeeding day which is not a weekend or public holiday.
- If any provision in a definition or in the Service Schedule is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause or in the Schedule, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
- For the purposes of this Agreement and unless expressly provided for otherwise in this Agreement, the parties record that whilst they may communicate with each other via email throughout the duration of this Agreement for operational reasons, email correspondence between the Parties is deemed not to be in writing and signed by the Parties and any reference herein to writing signed by a Party is to be read and construed as excluding any form of electronic signature. This provision does not apply to formal correspondence sent by email i.e. notices; letters placed on letterheads and any other written correspondence which in the ordinary course would be construed as formal communication.
- No indulgence, latitude, extension of time or omission by CSS shall constitute a waiver by CSS of any of CSS rights under this Agreement and shall not amount, in any appropriate instance, to a condonation by CSS of any act or omission on your part and such conduct shall not, in any circumstances whatsoever, give rise to a defence of estoppel.
- This Agreement is the entire Agreement between CSS and you and CSS shall not be bound by any representations, undertaking, promises or the like not specifically recorded or incorporated herein. No variation of this Agreement, waiver of rights, and release from any obligations or consensual cancellation in terms of this Agreement shall have any effect unless in writing and signed by both CSS and you.