Terms and Conditions For Natural Persons
All of the Customer’s orders for and purchases of Products and/or Services from RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES, 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 RIA SEBETSA SECURITY SERVICES, 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.
B. IMPORTANT NOTICE
Your attention is brought to the fact that these Terms and Conditions may contain:
1. provisions that amount to a limitation of RIA SEBETSA SECURITY SERVICES’ liability and/or risk to RIA SEBETSA SECURITY SERVICES;
2. provisions that amount to an assumption of risk and/or liability by you as the Customer;
3. provisions that impose obligations on you, the Customer, to indemnify RIA SEBETSA SECURITY SERVICES and/or third parties; and
4. acknowledgements 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES:
- 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 the your rights, risks and obligations; and
Iii) 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.
C. THE CONSUMER PROTECTION 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.
D. THE TERMS AND CONDITIONS
WHEREFORE NOW the Customer wishes to make use of the Services of RIA SEBETSA SECURITY SERVICES CC based on the terms and conditions stipulated in this Agreement. RIA SEBETSA SECURITY SERVICES shall provide the Services to you 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
- Agreement: This Offer with Terms and Conditions, once it has been accepted by RIA SEBETSA SECURITY SERVICES, and any instructions and annexures.
- Alarm Receiving Centre: The place to which signals from the System are transmitted and are monitored by RIA SEBETSA SECURITY SERVICES.
- Personnel: Security Officers duly employed by RIA SEBETSA SECURITY SERVICES 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.
- Basic System: Panel, Keypad, Power Source, 15w Siren, Battery, 2 x Lifeguard PIR.
- Control Panel, Transformer Keypad, Radio/GSM Transmitter, 2 Panic Buttons, 2 Passives, 2 Door Magnets and Siren.
- Customer means the party who orders and purchases from the RIA SEBETSA SECURITY SERVICES any Products and/or Services
- Effective Date: Is deemed to be the first date upon which you instruct that the debit order shall commence.
- Emergency Response: The procedure that RIA SEBETSA SECURITY SERVICES, the police or any other armed Response Company or other nominated party carry out when the Alarm Receiving Centre inform them that a signal has been received from the System.
- Equipment: means all equipment installed at the premises by RIA SEBETSA SECURITY SERVICES 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.
- Fixed Period : 36 months from the Start Date or any other period as it would have been agreed between you and RIA SEBETSA SECURITY SERVICES
- 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 RIA SEBETSA SECURITY SERVICES received the first signal from your premises to the alarm receiving centre.
- Independent Installer :A company, other legal entity or individual conducting business on its own behalf and Independently from RIA SEBETSA SECURITY SERVICES, may include an Authorised dealer, Independent Installer is not RIA SEBETSA SECURITY agent or representative for any purpose other than the sole purpose of presenting RIA SEBETSA SECURITY service agreement to the customer and signing the Hand-Over Certificate in a case where RIA SEBETSA SECURITY SERVICES will be providing the Monitoring and/or armed response service to you.
- Instruction: Any instructions we issue to you from time to time by any means, including any verbal instruction and any manual relating to the System.
- 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 SOS at the Alarm Receiving Centre.
- Link-up: When RIA SEBETSA SECURITY SERVICES links up an already existing and installed alarm system, previously not installed by RIA SEBETSA SECURITY SERVICES, to be monitored and responded to by SOS 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 you to RIA SEBETSA SECURITY SERVICES to provide you 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 sensitive to the movements of a domestic pet 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 us to render the services.
- Products means those goods listed, from time to time, by RIA SEBETSA SECURITY SERVICES on its website and/or elsewhere as being available to be purchased by the Customer from RIA SEBETSA SECURITY SERVICES;
- Prime Rate: The rate of interest published from time to time by your 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 RIA SEBETSA SECURITY SERVICES in RIA SEBETSA SECURITY SERVICES sole discretion.
- Services: The services described in this Agreement and chosen by you by marking the appropriate box with a tick. The Services depend on the service category you have chosen in the schedule.
- Start Date : For new Systems, the date upon which the Independent Installer or RIA SEBETSA SECURITY SERVICES completes installation of the System and you (or your representative) and RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES completes inspection, testing and approval of your existing system (the process) and you (or your representative) and RIA SEBETSA SECURITY SERVICES or the Independent Installer sign the Hand-Over Certificate. The process shall be deemed to have been complete when RIA SEBETSA SECURITY SERVICES receives the first signal from your system.
- System: The Alarm monitoring equipment, including the detection equipment and/or the radio/GSM transmitter/or any other equipment installed by RIA SEBETSA SECURITY SERVICES or the Independent Installer at the Premises including wiring and also anything RIA SEBETSA SECURITY SERVICES installs when RIA SEBETSA SECURITY SERVICES carries out repairs under this Agreement. RIA SEBETSA SECURITY SERVICES owns the Basic System and you only have the use of it for the purposes of and the duration of this Agreement. The radio/GSM transmitter/ equipment shall at all times remain the property of RIA SEBETSA SECURITY SERVICES.
- 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 RIA SEBETSA SECURITY SERVICES, as set out herein.
- We, our, us, the company, Ria Sebetsa Security Services: RIA SEBETSA SECURITY SERVICES (2011/054154/23) including where appropriate our employees, agents and/or sub-contractors and our successors-in-title.
- You, you’re, the Customer: The person who makes the Offer contained in this document.
2. MAINTENANCE, MONITORING & ARMED RESPONSE SERVICES
- 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.
- Monitoring and armed response: The monitoring and armed response Services are only applicable to the Premises stipulated in this Agreement and on the Offer and in an area which is served by RIA SEBETSA SECURITY SERVICES and consist of:
- Attendance by armed Personnel at the Premises as quickly as operational circumstances may permit when dispatched by the Alarm Receiving Centre and simultaneous telephonic contact with the Customer or Key holder.
- On arrival of such armed Personnel at the Premises, the armed Personnel will inspect the Premises and report to the Alarm Receiving Centre and if necessary, take such further steps as is reasonably necessary to safeguard the Premises, the contents thereof, the Customer and/or the Customer’s invitees before vacating the Premises. Safeguarding of the Premises is dependent upon the Key holder attending to the premises and assisting the armed Personnel.
- Monitoring Only: The monitoring Services consist only of monitoring of the System by telephone and/or radio/GSM, at the election of the Customer, and notification will be sent by RIA SEBETSA SECURITY SERVICES to:
- The chosen armed response service provider if indicated to be a RIA SEBETSA SECURITY SERVICES other than RIA SEBETSA SECURITY SERVICES
- The Customer or the police.
- The fire authority and/or medical service provider, if indicated by the Customer and RIA SEBETSA SECURITY SERVICES deems it necessary in its sole discretion to make the notification.
- The Services to be provided to you under this Agreement are therefore determined by your choice of service category.
- 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 RIA SEBETSA SECURITY SERVICES representatives in doing what RIA SEBETSA SECURITY SERVICES is obliged to do in terms of this Agreement.
- To notify RIA SEBETSA SECURITY SERVICES in writing of the changes to the name(s), residential address(es) and telephone number(s) of the Key holders with whom RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES and to assist in the reasonable securing of the Premises.
- To give RIA SEBETSA SECURITY SERVICES access to the Premises so that RIA SEBETSA SECURITY SERVICES may provide the Services and erect signage. RIA SEBETSA SECURITY SERVICES shall not be held responsible for any damage to the Premises caused as a result of RIA SEBETSA SECURITY SERVICES carrying out the Services. RIA SEBETSA SECURITY SERVICES will endeavour to act reasonably at all times while rendering the Services.
- To provide RIA SEBETSA SECURITY SERVICES with clear instructions with regard to domestic pets and possible dangers thereof as well as to update RIA SEBETSA SECURITY SERVICES of any newly acquired domestic pets which may pose a threat to the Personnel when entering the Premises. RIA SEBETSA SECURITY SERVICES 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.
- To notify RIA SEBETSA SECURITY SERVICES of any structural alteration or any other modification to the Premises, which may affect the proper functioning of the System.
- In the event that you move Premises, you will notify RIA SEBETSA SECURITY SERVICES to reconnect you in your new Premises so that RIA SEBETSA SECURITY SERVICES is able to continue to provide you with the Services, however RIA SEBETSA SECURITY SERVICES in its own discretion may refuse to reconnect you if your new Premises is situated in the area which is not serviced by RIA SEBETSA SECURITY SERVICES. You will in such instances be liable for a connection fee at RIA SEBETSA SECURITY SERVICES standard rates applicable at the relevant time, which shall include the installation of a transmitter (if applicable).
- Where RIA SEBETSA SECURITY SERVICES reconnects you to the new Premises in terms of 3.1.10 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 RIA SEBETSA SECURITY SERVICES is unable to re-connect you, for any reason that is not due to RIA SEBETSA SECURITY SERVICES’ fault, RIA SEBETSA SECURITY SERVICES 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 of your premises are adequately insured.
- To test the System on a regular basis or at least monthly, 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 our Alarm Receiving Centre.
- LIMITATION OF SOS’S LIABILITY
4.1. 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.
4.2. SUBJECT TO THE PROVISIONS OF THE ACT, NEITHER RIA SEBETSA SECURITY SERVICES NOR ANY OTHER PERSONS FOR WHOM RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES OR ANY OTHER PERSONS FOR WHOM RIA SEBETSA SECURITY SERVICES MAY BE LIABLE IN LAW, SAVE FOR GROSS NEGLIGENCE, FRAUDULENT OR MALICIOUS ACT OR OMISSION ON OUR PART.
4.3. SUBJECT TO THE PROVISIONS OF THE ACT, THE CUSTOMER:
- HEREBY IRREVOCABLY WAIVES ALL AND ANY SUCH CLAIMS REFERRED TO IN CLAUSE 4.2 ABOVE.
- HEREBY IRREVOCABLY INDEMNIFIES RIA SEBETSA SECURITY SERVICES OR ANY OTHER PERSON FOR WHOM RIA SEBETSA SECURITY SERVICES MAY BE LIABLE IN LAW AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF THE SAID ACTS OR OMISSIONS, AS REFERRED TO IN CLAUSE 4.2 ABOVE, AT THE PREMISES.
- TO THE EXTENT THAT RIA SEBETSA SECURITY SERVICES RIGHTS IN TERMS OF CLAUSE 4.2 ABOVE ARE LIMITED BY THE ACT OR ANY OTHER LAW, THE PROVISIONS OF CLAUSE 9.14 BELOW SHALL BE INVOKED.
- WITHOUT IN ANY WAY LIMITING OR DEROGATING FROM THE PROVISIONS OF CLAUSE 4.2 ABOVE, RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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.
- RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES WITHIN REASONABLE TIME.
4.3.7 OUR RESPONSIBILITY AND OBLIGATIONS TO YOU CEASE IMMEDIATELY WHEN THIS AGREEMENT IS TERMINATED OR THE SERVICES ARE SUSPENDED UNDER CLAUSE 8 BELOW.
- THE PROVISIONS OF THIS CLAUSE 4 DO NOT IN ANY WAY DEROGATE FROM THE EXEMPTIONS FROM LIABILITY CONTAINED ELSEWHERE IN THIS AGREEMENT.
- LINK UP
- In The event that you have an existing alarm system on the Premises, and you do not require RIA SEBETSA SECURITY SERVICES to install a new Basic System or upgrade the existing System, RIA SEBETSA SECURITY SERVICES will where possible, provide you with a radio/GSM communicator Link-up to your existing System under the following conditions:
- You acknowledge that RIA SEBETSA SECURITY SERVICES did not supply nor install your current System and that in order for RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES 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, RIA SEBETSA SECURITY SERVICES cannot be held liable under any circumstances.
- RIA SEBETSA SECURITY SERVICES 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.
- WHAT WILL IT COST
- You are liable for the timeous payment, in terms of this Agreement, of the charges set out in the Schedule pertaining to the Services. RIA SEBETSA SECURITY SERVICES will inform you in writing of any increased amount.
- In the years following the completion of the first year from the Start Date, RIA SEBETSA SECURITY SERVICES is entitled to increase its charges, including Extra Charges, in order to cover any increase in the cost of providing the Services. RIA SEBETSA SECURITY SERVICES will inform you via email/sms (and you will be deemed to have received such notice within 7 (seven) days after posting such notice) or any other electronic means of any increased amount.
- You are also responsible for the following charges:
- Taxes, fees or charges set by the police, fire, or any other authority due to the installation or operation of the System and any false alarm assessments by RIA SEBETSA SECURITY SERVICES or any other party.
- Any Extra Charges or charges for work done by police, fire or other authorities, medical service providers, 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES, however, should you prematurely terminate the Service Agreement, you will be liable for immediate payment of such costs to RIA SEBETSA SECURITY SERVICES, as set out below.
- You agree that the following installation costs and labour may be offered to you free of charge at RIA SEBETSA SECURITY SERVICES sole discretion:
- Free Registration/Administration: Normal Price R750.00 excluding Vat
- Free GSM/Radio Transmitter : Normal Price R850.00 excluding Vat
- Free Labour to Link clients existing alarm to our 24-hour Control Room Normal Price: R1050.00 excluding vat
- No Annual Radio/GSM License fee: Normal Price R350.00 excluding Vat
- Cable/Consumables/Signboards Normal Price: R800.00 excluding Vat,
IF you sign up for a longer fixed term Service Agreement and, therefore, should you prematurely cancel or terminate such fixed term Service Agreement you will be liable to immediately on early termination of the Service Agreement pay such waived costs to RIA SEBETSA SECURITY SERVICES. (The costs quoted above is subject to change based on CPI and exchange rates.)
- You or the Account Holder shall further be obliged to pay the service charges provided for in the Schedule and elsewhere in this Agreement monthly in advance by debit order.
- RIA SEBETSA SECURITY SERVICES will require payment by Electronic Fund Transfer/Cash in advance for the first month’s charges to allow time for the debit order to be established.
- 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.
- In the event of any payment being overdue, RIA SEBETSA SECURITY SERVICES will be entitled to charge you interest, from the date of RIA SEBETSA SECURITY SERVICES relevant invoice or request for payment until the date of actual payment at the Prime Rate plus 2%.
- RIA SEBETSA SECURITY SERVICES is not obliged to, and does not accept post-dated cheques.
- In the event of any breach by you of your payment obligations, unless otherwise provided in this Agreement, RIA SEBETSA SECURITY SERVICES 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.
- TERMINATION, SUSPENSION OR RENEWAL OF THE AGREEMENT
- By accepting or signing our 12 month, 24 month or 36 month Service Agreement, you are bound to this Agreement, as Ria Sebetsa Security Services offered you a Promotional offering.
- IF YOU ENTERED INTO A 36 MONTH SERVICE AGREEMENT, YOU AGREE THAT YOU ENTERED INTO SUCH LONGER PERIOD BECAUSE OF THE CLEAR AND DEMONSTRABLE FINANCIAL BENEFIT YOU DERIVE THEREFROM AND THAT YOU WERE GIVEN THE OPTION TO SIGN UP FOR A SHORTER PERIOD, BUT YOU ELECTED FOR SUCH LONGER PERIOD BECAUSE OF THE AFOREMENTIONED CLEAR AND DEMONSTRABLE FINANCIAL BENEFIT YOU WILL DERIVE FROM THE LONGER PERIOD.
- YOU AGREE THAT, AS SET OUT IN CLAUSE 6.4 ABOVE, RIA SEBETSA SECURITY SERVICES 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, CURRENTLY IN THE AMOUNT OF R3, 800.00 EXCLUDING VAT, TO RIA SEBETSA SECURITY SERVICES.
- 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 R1, 200.00 EXCLUDING VAT, AND MAY BE SUBJECT TO CHANGE AS DETERMINED BY RIA SEBETSA SECURITY SERVICES FROM TIME TO TIME.
- RIA SEBETSA SECURITY SERVICES may terminate or suspend this Agreement in writing immediately if:
- The Alarm Receiving Centre or the System is destroyed or so badly damaged that RIA SEBETSA SECURITY SERVICES cannot reasonably provide the Service;
- RIA SEBETSA SECURITY SERVICES cannot for any reason whatsoever arrange or keep the telecommunications or other communication facilities needed to transmit and/or receive the signal to or from the Premises or the Alarm Receiving Centre.
- RIA SEBETSA SECURITY SERVICES may, without prejudice to any other rights which RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES, 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 RIA SEBETSA SECURITY SERVICES recommendations RIA SEBETSA SECURITY SERVICES makes for repairing or replace faulty or old parts of the system, or for repairs to the Premises which RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES sole discretion) number of false alarms;
- You change the Premises in such a way that RIA SEBETSA SECURITY SERVICES believe it is no longer viable to provide the Services;
- You have, at RIA SEBETSA SECURITY SERVICES discretion, an unreasonable number of false alarms.
- At the termination of the Agreement:
- RIA SEBETSA SECURITY SERVICES will stop providing the Services forthwith and RIA SEBETSA SECURITY SERVICES shall be entitled to disconnect and/or remove the Basic System if it is indicated that it is rented.
- You remain liable to RIA SEBETSA SECURITY SERVICES for any amounts owed to RIA SEBETSA SECURITY SERVICES in terms of the Agreement up to the date of termination.
- RIA SEBETSA SECURITY SERVICES 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.
- RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES gives you written notice of suspension, which notice may be addressed to your postal or domicilium address, such notice suspends what RIA SEBETSA SECURITY SERVICES is obliged to do under this Agreement and RIA SEBETSA SECURITY SERVICES has no obligations until the suspension is lifted by RIA SEBETSA SECURITY SERVICES by notice in writing to you.
- Subject to the provisions of this Agreement, you are upon expiry of the Fixed Period, entitled to renew this Agreement for an additional Fixed Period.
- At least 80 (eighty) days and no less than 40 (forty) days prior to such expiry date of the Fixed Term of this Agreement, RIA SEBETSA SECURITY SERVICES will notify you in writing of the impending expiry date, which notice will include:
- Any material changes that would apply if the Agreement is to be renewed or may otherwise continue beyond the expiry date; and
- The options available to you as set out in 8.10 below.
- On the expiry of the fixed term of the Agreement, it will be automatically continued on a month-to-month basis, subject to any material changes of which RIA SEBETSA SECURITY SERVICES has given you notice, unless you expressly:
- Direct RIA SEBETSA SECURITY SERVICES to terminate the Agreement on the expiry date; or
- Agree in writing to the renewal of the Agreement for a further Fixed Period.
- The Offer constitutes an irrevocable offer by you to RIA SEBETSA SECURITY SERVICES for RIA SEBETSA SECURITY SERVICES to provide you with the Services selected in the schedule.
- RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES rights and obligations. In the event of such transfer, RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES. 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 RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES group company and, except for your security details, for any credit reference, execution of debit orders or bad debt collection or public telecommunications agency.
- RIA SEBETSA SECURITY SERVICES requires the Account Holder to sign this Agreement failing which RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES bank account has been credited.
- This Agreement is the entire Agreement between RIA SEBETSA SECURITY SERVICES and you and RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES and you.
- No indulgence, latitude, extension of time or omission by RIA SEBETSA SECURITY SERVICES shall constitute a waiver by RIA SEBETSA SECURITY SERVICES of any of RIA SEBETSA SECURITY SERVICES rights under this Agreement and shall not amount, in any appropriate instance, to a condonation by RIA SEBETSA SECURITY SERVICES of any act or omission on your part and such conduct shall not, in any circumstances whatsoever, give rise to a defence of estoppel.
- You hereby consent to the jurisdiction of the High Court in respect of any actions by RIA SEBETSA SECURITY SERVICES arising under this Agreement or the implementation or cancellation or termination thereof. Should RIA SEBETSA SECURITY SERVICES wish to proceed in a Magistrate’s Court having jurisdiction, RIA SEBETSA SECURITY SERVICES may do so at its selection without precluding it from proceeding in another Court with competent jurisdiction if RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES in enforcing the provisions of this Agreement on the attorney and own client scale, including any collection commission and tracing fees.
- You choose as your domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the address stated in the Schedule.
- RIA SEBETSA SECURITY SERVICES chosen domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature is 266 Van Heerden Road, Halfway Gardens, Midrand, 1685.
- 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 RIA SEBETSA SECURITY SERVICES.
- 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 RIA SEBETSA SECURITY SERVICES and you agree that RIA SEBETSA SECURITY SERVICES 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 RIA SEBETSA SECURITY SERVICES.
- 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 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.