Terms and Conditions
Services set out below, subject to the terms and conditions contained below:
- The Company will provide the Client with security services at the Client's premises as quoted.
- The duties to be performed by the Company's security personnel shall be agreed to between the parties,
recorded in writing. The Company shall not be obliged to perform any duties which have not been so
recorded in writing.
- With effect from the date on commencement of the Agreement, the Client shall nominate one or more
persons in its employ as the persons responsible for its security and shall furnish the Company with the
names and telephone numbers of such persons to enable the Company and its security personnel to
communicate with such persons in the event of an emergency.
- The Client shall be entitled to give reasonable instructions to security personnel while they are on
the premises, but the Client shall not be entitled to dismiss such security personnel nor to demand that
they leave the premises until such time as the Company has been given reasonable written notice of a
request for such dismissal or demand to leave the premises. Should the Client be of the opinion that any
security personnel is failing in, or incapable of, the proper performance of his/her duties to such an
extent that the delay in providing written notice of a request for dismissal or demand to leave the
premises could prejudice the proper maintenance of security at the premises and or the safety of
personnel, products and equipment it may, by instruction to the Company, demand the immediate removal
and replacement of such security personnel from the premises. If the Client exercises its right in terms
of this foregoing provision, it shall provide the Company with written details of the reasons for its
decision.
- The Client undertakes and shall be obliged to provide a telephone or such other means of communication
as may be mutually agreed upon for the use of the security personnel to enable them to report to the
Police, Fire Brigade or the central office of the Company at any time of the day or night.
- The parties hereto agree that:
-
The sole function of the security services and security personnel provided by the Company is to
minimize the risk of loss or damage by fire, theft, burglary, vandalism, terrorism, riot or civil
commotion.
- The Company will use its best endeavor to minimize or prevent loss or damage to the Client's
property but, gives no warranty or guarantee that its security personnel will be able to minimize or
prevent any such loss or damage
-
The Client agrees and undertakes that during the period of this Agreement and for a period of twelve (12)
months and three (3) months for termination, following the date of expiration of this Agreement that it
will not directly or indirectly offer employment to or employ any of the Company's security personnel who
are or were employed by the Company at any time during the currency of this Agreement.
-
Should the Client employ a member or members of the Company's security personnel in breach of Clause 4
above, then and in such event the Client agrees and undertakes to pay to the Company an amount
equivalent to 25% of the annual contractual charge for each such employee as due and liquidated
damages, which amount the Client acknowledges is a genuine pre-estimate of the damages which will be
sustained by the Company.
-
The Client hereby warrants that it knows of nothing which will now or in future complicate or render more
difficult or dangerous the security services to be rendered by the Company, and should any change to the
Client's circumstances take place in the future the
Company will be advised thereof in writing immediately that the Client is aware of such change.
-
The Client hereby undertakes in the event that it instructs the Company or its security personnel to
search the person, property or premises of any person or Concern that it shall first have obtained the
written consent of such person or concern to such search.
-
The Client hereby authorizes the Company and its security personnel In terms of Section (42)3 of the
Criminal Procedure Act, No 51 of 1977, to arrest any person found committing any offence on or in
respect of the property or of the premises of the Client or any part thereof.
-
The Client hereby irrevocably indemnifies the Company, its Directors, employees and security personnel
against any claim which may be made against any one or more or all of them, the cause of action of
which claims arose out of or in connection with any search conducted or arrest effected at the direct
instance of the Client pursuant to the provisions of Clauses 5.1 and 5.2 above provided that the
Company, its directors and personnel, act at all times within the law while carrying out the direct
instructions of the Client.
-
It is recorded by the parties that the security services provided in terms of this Agreement are
complementary to and not an alternative to insurance cover, and that it is incumbent upon the Client to
adequately insure all its property.
-
The Company hereby chooses Domcilium citandi at Myngenoegen 20, Polokwane.
-
The Client hereby chooses Dom cilium citandi et executandi
at ……………………………………………………………… --as per quotation…………………………………...........................
-
Any notice to be given by the parties in terms of this Agreement shall be deemed to have been received
by the party to whom it is addressed if dispatched by registered post the addresses referred to in
Clauses 6.1 and 6.2 above, and shall be deemed to have been received three days after posting.
-
The Client acknowledges that no representations, warranties or guarantees of whatsoever nature other than
those contained in this Agreement have been made to it by or on behalf of the Company to induce the Client
to enter into this Agreement.
-
In the event that the Client commits any material breach of any of the terms and conditions of this
Agreement or should the Client fail to pay the Company any of the moneys payable in terms of this
Agreement or in the event of the Client being placed in liquidation or judicial management, whether
provisional or final, voluntary or compulsory, or in the event of a judgment of any competent Court
being given against the Client which judgment remains unsatisfied for a period of fourteen(14) days,
then and in any such event and without prejudice to any of its rights, the Company shall be entitled
to cancel this Agreement forthwith.
-
In the event of non-compliance by either party with any of the terms and conditions of this Agreement,
the other party may give written notice to the defaulting party to rectify and f or remedy such
non-compliance within fourteen(14) days of such written notice, the other party shall be entitled to
cancel this Agreement by summarily giving 30 days written notice of cancellation.
-
It is recorded that the services to be rendered by the Company to the Client are in respect of only the
premises which are occupied by the Client and the assets of the Client and do not extend to any portion of
the premises which are occupied by third parties nor the assets of third parties unless specifically
agreed to in writing between the • parties to the Agreement.
-
Accordingly, it is agreed that if the Client permits any third party to occupy the premises or portion
thereof or to store any assets on the premises or any portion thereof without the agreement in writing
between the parties to this Agreement then:
-
the Company shall incur no liability whatsoever for
such third party.
-
the Client shall advise such third party that it is occupying the premises or storing assets on
the premises entirely at its own risk.
-
the Client hereby indemnifies and holds the Company free from liability against all and any claim
of any nature whatsoever which may be made against the Company by such third party.
-
Subject only to the provisions of 7.2, this Agreement shall continue for a period of 12 months calculated
from the commencement date as reflected on the Schedule and shall be deemed to have been renewed
automatically thereafter for further month to month periods, at VERANU then current tariff. Each such
period of 12 months is hereinafter referred to as "the contract period." Provided, however, that either
party may give to the other not less than three consecutive calendar months' written notice of
cancellation hereof. A 60 days prior notification of price increase will be given if possible, we the
Company only receive the increase 30 days before increase is due.
- If no agreement is reached on the price for the renewal period and in the event that the Company
continues to render the services to the Client after the termination date specified in his Clause,
such services shall be deemed to be rendered subject to the
Terms and Conditions of this contract which shall be binding on the Parties.
-
The contract price payable by the Client to the Company for the aforesaid services shall be the amount
shown in the Annexure attached and shall be payable monthly before or on the last day of each month,
commencing in the month in which this Agreement commences. Veranu Security is not a credit provider in
terms of the National Credit Act 34 of 2005 (THE NCA) and the client therefore undertake to pay all
accounts for services rendered after service date.
-
The contract price may be adjusted at any time if there is a statuary wage variation which or other
statutory price variation which affects the costs of the services rendered under this Agreement.
-
No provision has been made for any Local, Regional or National Tax other than those in force and at
rates applied at the date of drawing this contract, Any new or increased Levies, Taxes or Surcharges
imposed upon the Company will be added to the charges set out in this Agreement from the date such
amounts are levied by the authorities and shall be payable by the client.
-
This Agreement shall commence on the ……………………………………………………………… ( as per quotation )
……………………………………………………………… for a period of 12 months calculated
from the commencement date as reflected above.