CNI SECURITY
1.DEFINITIONS
1.1.“Commencement date” shall mean as dated on the agreement.
1.2.”The client” or “Customer” shall mean the client as defined as per the agreement.
1.3.”The service” shall mean the services requested by the client as per the agreement.
1.4.”The Company “shall mean CN Installations (Pty) Ltd, Registration number: 2007/013737/07. (trading as CNI SECURITY)
1.5.“The premises” means the property at which security services are to be provided under this agreement, the address of which is specified overleaf.
2.SERVICES
2.1The Parties hereto agree that the service rendered by “The Company” in terms hereof is as specified by the client overleaf.
2.2The object of the security services provided in terms hereof is to try and minimize the risk of loss or damage to the client by theft/ burglary or vandalism. The Company however provides no guarantee or warrantee that it or its employees will be able to prevent or minimize any such loss or damage.
2.3It is recorded and agreed that the services provided in terms of this agreement are not intended as an alternative or supplement to any insurance to the benefit of the client, or constitute any indemnity against injury, loss or damage which may be sustained by the Client.
2.4Monitoring service refers to the Twenty Four hour monitoring of the Client’s alarm system by telephone and/or radio communicator and the rapid notification of the specified key holders designated in writing by the client in the event that the alarm system is activated. For this purpose, rapid notification shall be subject to those conditions and/or eventualities beyond the Company’s control.
2.5It will remain the Client’s sole responsibility to ensure that the alarm system is in a working order at all times and that an alarm activation signal is received by the Company’s control room. Clients are advised to test the system regularly and can nothold the Company liable for any malfunction of their alarm system and/or radio transmitter.
2.6 Response refers to the rapid arrival of trained personnel to deal with any security emergency at the premises as well as to notify the necessary authorities and medical services of an incident requiring their attention. The rapid arrival of the response teamshall at all times be dependant upon the circumstances and subject to those conditions and/or eventualities beyond The Company’s control.
2.7The company reserves the right not to respond to a call-out during a major weatherevent or an electric storm unless the emergency is confirmed telephonically to The Company’s central control room.
2.8The Client hereby furnishes the Company, its employees and agents with authority in terms of Section 42(3) of the Criminal Procedure Act, 51 of 1977, to arrest any person found committing an offence on or in respect of the Client’s premises.
2.9The Client irrevocably indemnifies the Company, its employees and agents against any claim which may be instituted against any one or more or all of them, and which claim arises out of or in connection with any search or arrest that has been done procedurally correctly and in terms of the laws of South Africa.
3.NOT A SUBSTITUTE FOR MEDICAL ATTENTION
The client acknowledges that the Service applied in terms hereof is not a substitute for the attention of registered or qualified medical practitioners.
4.ABUSE OF SERIVCE AND FALSE ALARM
4.1.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.
4.2The Company may charge a reasonable callout fee in the event that the callout proves to be a false alarm due to the negligent use or the malfunctioning of the clientsalarm or transmission equipment.
4.3The Company reserves the right to cancel the Agreement forthwith should, in its opinion, the Cliënt abuse the services provided by it, and/or prevent the company from applying its resources optimally for the security and response of its clients at large.
5.PAYMENT
5.1All payments due by the Client to the Company in terms hereof shall be made annually or monthly in advance as chosen by the Client, without deduction, and the client shall not be entitled to withhold or defer payment or to effect any set-off in regards to any alleged claim or counter claim.
5.2Fees are subject to an escalation from time to time as per the sole discretion of the Company, in which event the Client will be given written notice in advance of the intended escalation.
5.3In the event of failure by the client to pay on due date, interest will be charged on the overdue payments at a rate equal to the prime lending rate of the Company’s bank at the time.
5.4The Company reserves the right to suspend all services to the client in the event of overdue payments until all outstanding fees are paid in full.
5.1.6The Radio transmitter remains the property of the Company.
5.1.7.The Clients’ shall pay the Company an annual Radio License fee as per amountindicated on the agreement if applicable, which will automatically be deducted by The Company on the first day of December of each year if on a debit order or payable by the client on or before the first day of December of each year if not on debit order.(annual increases may apply)
6.DURATION TERMINATION
6.1.This Agreement shall commence on the commencement date and will continue on a month to month basis, until further notice.
6.2.This agreement may be terminated:
6.2.1.By either party by giving the other at least on calendar month’s written notice; or
6.2.3By the Company forthwith in circumstances envisaged in Clause 4.3.
7.INDEMNITY
7.1The Company will use its best endeavours to ensure the personal safety of the client, family member and or any Third Party, and the Client’s property at the service address, but under no circumstances will the Company nor any of its employees/agents be liable for damages suffered either due to injury or damage to property of the client or any other person.
7.2The Client indemnifies the Company and its employees and agents against all and any claims that may arise against the Company due to any action taken in terms hereof and in performing its obligation herein.
7.3The Company shall not be liable for any consequential loss arising from its actions or failure to act.
7.4The Client hereby accepts that firearms will only be used in unavoidable circumstances, at the discretion of the Company and its employees and agents, and hereby grants permission for the usage thereof and hereby waivers the right to any claim that the client may have as a consequence thereof.
7.5Neither the Company nor its employees or agents will be liable for its inability to perform any of its obligations under this agreement due to factors beyond their reasonable control, including but not limited to faulty equipment, loss of signal, force majeur / natural disaster, epidemic, law decree, strike or civil disturbance.
8.JURISDICTION
The Client hereby consents in the jurisdiction of the Magistrate’s court in respect of any claims arising out of this Agreement.
9.BREACH
In the event of:
9.1.The non-payment of any monies in terms of this agreement on the due date:
9.2.The breach by the client of any of the other conditions of this agreement or:
9.3.The client’s insolvency;
The Company shall have the right to forthwith:
9.4Cancel the agreement.
9.5To claim any payments due;
9.6To claim any damages suffered due to such breach of contract;
9.7.The client furthermore agrees to pay all costs and disbursements ,including legal costs on the attorney and client scale ,collection commission and tracing charges incurred by The Company in enforcing any of its rights hereof.
10.SOLE AGREEMENT
This agreement is the full and final Agreement between the parties .No representation, waranties, terms and conditions not recorded in this document shall form part of the agreement between the parties and no variation of this Agreement shall be of any force and effect unless in writing and duly signed on behalf of both parties.
11.CESSION
The parties herein acknowledge that The Company shall be irrevocably entitled to cede and transfer this agreement or any portion hereof to any other company whichis a subsidiary of or associated with holding company CN Installationsor its successor in title. Thereafter the contract shall be between the Client and the cessionary only. The client irrevocably consents to such cession, assignment and transfer.
12.DOMICILLIUM CITANDI ET EXECUTANDI
The client hereby appoints the premise as set forth on the agreement as his domicillium citandi et executandi ,as well as address for service of all documents and other purposes accidental to or arising out of this Agreement.
The signatory hereby binds himself/herself in his /her personal capacity as surety for and co-principal debtor in solidum for the due performance of all the Clients obligations under this agreement.
Should a user wish to contact the Company regarding the customer information that it holds in respect of the customer, the way in which customer information is being used or this policy, please contact the Company at [info@cninstall.co.za].
Date of Policy:[19/05/2024]