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1. RECORDAL
1.1 System Control Integration SA wishes to provide, and the Client wishes to make use of, one or more of the services, specified in the SERVCIE SCHEDULE and briefly described in clause 9 hereof;
1.2 System Control Integration SA hereby undertakes to supply and install a radio transmitter and antenna (if applicable), specified in the RADIO TRANSMITTER AND ANTENNA SCHEDULE, to enable Systems Control Integration SA to provide the required service (s).
2. DURATION
2.1 This agreement will, subject to clause 2.2 and 2.3 hereunder, come into operation on the commencement date specified and will continue for the contract period specified.
2.2 Unless written notice is received by System Control Integration SA 3 (three) calendar months prior to the expiry date of this agreement, and only after written acknowledgement by System Control Integration SA of such notice from the Client, this agreement will automatically be renewed for the same duration, after which period 3 (three) calendar months written notice will be required from the Client to terminate this agreement.
2.3 In the event of the Client relocating, the service will be transferred to the new premises, unless System Control Integration SA does not provide a service in the said area.
2.4 This agreement may however be terminated at any time prior to the expiry thereof, by mutual agreement in writing, signed by the Client as well as a director or a duly authorized person appointed by System Control Integration SA.
3. OWNERSHIP
3.1 The Client will be responsible for the loss or theft of the radio transmitter.
3.2 Ownership of the radio transmitter and antenna will always remain vested in System Control Integration SA and will never become the property of the Client.
3.3 All Electronic equipment supplied to “The Client” free of charge is subject to a 36 month service agreement with Systems Control Integration SA and will remain the property of Systems Control Integration SA until the 36 month service agreement has expired or until the full settlement amount was received by Systems Control Integration SA for the equipment provided and that all outstanding amounts due to Systems Control Integration SA is paid.
4. PAYMENT
4.1 The Client may at System Control Integration SA’s instance be charged interest on any amount not paid on due date, calculated from the due date of payment, at the maximum interest rate permitted in terms of the Usury Act. 1968, from time to time;
4.2 The Client will pay System Control Integration SA all amounts set out in the SERVICE SCHEDULE, monthly in advance. The first payment due in terms of the SERVICE SCHEDULE is payable before the 7th (seventh) day of the new month and all further payments will be made not later than the 7th (seventh) day of each and every successive month, alternatively on or before the date specified in the DEBT ORDER AUTHORISATION, without any deduction or demand;
4.3 In the event of the Client authorizing by way of debit order, System Control Integration SA will be entitled to draw against the Client banking account any other amounts for services that are supplied by System Control Integration SA which include and are not limited to extra services, administration fees pertaining to unpaid accounts, services that are provided by System Control Integration SA and which fall outside the scope of services as specified in the SERVICE SCHEDULE of this agreement, as well as all or any amount due in terms of this agreement.
4.4 A License fee is payable to System Control Integration SA, as set out in the INITIAL COST SCHEDULE, in respect of the year in which this agreement is entered into and thereafter annually in advance for each and every succeeding year;
5. INCREASE IN FEES
5.1 System Control Integration SA will be entitled to increase its monthly fees annually to accommodate increases in cost of services.
5.2 The annual increase will commence on the contract birthday of every year.
6.1 System Control Integration SA will be entitled to suspend a client’s services as set out by the SERVICE SCHEDULE if no payment or proof of payment has been received by System Control Integration SA before the 7th (seventh) of the current month.
7.1 System Control Integration SA will not be liable for any delay in rendering any of the services pursuant to this agreement or any failure to render such service irrespective of the reason for such delay or failure or any interruption, temporarily or indefinitely of any such service due, but not restricted nor limited in anyway whatsoever, to any strike, flood, riot, boycott, cessation of supply, fire, explosion, act of God or other circumstances beyond the reasonable control of System Control Integration SA. And/or radio transmitter and antenna installed, as the case may be in terms hereof, are for the purpose of minimizing the risk of a burglary, personal attach, injury or any other applicable cause of loss and not eliminating such risk. System Control Integration SA will not be liable in contract or depict or otherwise of whatsoever nature (including both direct and consequential loss), for any loss or injury arising from or caused by the failure by System Control Integration SA to perform any of its obligations herein, including any loss or injury attributable to any negligent or grossly negligent act or omission of System Control Integration SA or its employees or agents and all such liability is expressly excluded;
7.2 The Client indemnifies and holds System Control Integration SA harmless against any claim of whatsoever nature which may be brought against System Control Integration SA by any person as a result of death, injury damage to or loss of property at any time arising out of or connected with the provision of or failure to provide the services, including, but not limited to a gross negligent act or omission by System Control Integration SA or its employees or against or as a result of the rendering of a service by System Control Integration SA for any reason whatsoever. It is agreed that no insurer will have any rights of subrogation against System Control Integration SA and the Client agrees to notify its insurers of all the provisions of this clause.
The Client will:
8.1 at all times eliminate nuisance alarms and advise System Control Integration SA Control Room of such false alarms.
8.2 The Client will be responsible to ensure that the equipment and/or radio transmitter and antenna are at all times operational, in particular when leaving the premises or after a lightning storm, to ensure that the equipment and/or radio transmitter and antenna are fully functional;
8.3 inform System Control Integration SA of any faults or problems in or in respect of the equipment and/or radio transmitter and antenna as soon as possible after any such fault or problem is discovered;
8.4 in the event of the Client’s premises being burgled and the Client being absent and unreachable, allows System Control Integration SA to take all steps reasonably required in order to secure the premises, but not limited to the repair of associated damage and the placement of a security officer. The Client will reimburse System Control Integration SA for all such expenditure incurred and/or services rendered;
8.5 keep the system, at his/her expense, in good working order by regular servicing of equipment and shall test his/her alarm on a monthly basis after prior arrangement with System Control Integration SA.
9. BRIEF DESCRIPTION OF SERVICE
9.1 MONITORING AND REACTION
The monitoring of electronic or mechanical devices by the System Control Integration SA Control Centre and the dispatch of reaction officer to investigate a bona fide call.
9.2 SMS SERVICE
Upon the receipt by System Control Integration SA of a signal from a Client’s equipment and/or radio Transmitter, a message will be sent to the Client’s phone via the Client’s specified network.
9.4 OPEN/CLOSE MONITORING
The monitoring of specified signals generated by the equipment indicating each occasion the equipment has been armed or disarmed.
9.5 ELECTRIC FENCE MONITORING
The monitoring of the Client’s electric fence upon activities thereof.
9.6 OFF SITE CCTV MONITORING
The CCTV off Site Monitoring service is available to clients whereby we will connect the CCTV system where possible to our control room for monitoring. The control room will view your camera system every time you’re electronic or mechanical device sends a burglary or panic signal to our control room. This service is only available to clients that make use of monitoring or reaction services as specified in this clause 9.
9.7 RENDEZVOUS SERVICE
A rendezvous service is only available to clients making use of reaction services as specified in this clause 9, to assist Client’s to get safely into their businesses. The limited service is subject to the availability of reaction personnel as emergency situations will receive priority. This service is limited to two (2) rendezvous per month.
9.8 PANIC SYSTEM MONITORING
The monitoring of a panic system by the System Control Integration SA Control Centre and the dispatch of reaction officer to investigate a bona fide call.
9.9 VUMA CAM Contribution
A Clients Contribution towards Systems Control Integration SA actively monitoring of Vumacam cameras in their area.
10.1 NOTICES/DOMICILLIUM
The Client hereby appoints the premises address, appearing in the SCHEDULE, as its chosen Domicilium citandi et executandi, being the address to which System Control Integration SA may deliver all court notices, court processes or any other documents.
10.2 COSTS
All costs and disbursements, including legal costs on an attorney and own client scale, incurred by System Control Integration SA in tracing the Client or endeavoring to collect all or any amounts payable by the Client to System Control Integration SA or otherwise and all collection commissions and all other charges of a like nature are payable by the Client to System Control Integration SA on demand.
10.3 WARNING SIGNS
System Control Integration SA will be entitled to affix notice boards in strategic positions on and around the premises, indicating that the premises are protected by System Control Integration SA.
