1.INTRODUCTION

1.1 Since Sekuriteit Sonder Grense renders

1.2 A twenty-four-hour monitoring service of electronic security systems; and

1.3 A twenty-four-hour armed response service to the public;

1.4 The client is desirous of entering into an agreement with Sekuriteit Sonder Grense for the rendering of one or both of the aforesaid services.

1.5 Now therefore the Parties agrees as follows:

2. INTERPRETATION

2.1 The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation, nor amplify the terms of this agreement, nor any clause thereof.

2.2 In this agreement, unless the contrary intention clearly appears, words indicating:

2.2.1 the one gender includes the other two genders.

2.2.2 the singular, include the plural and vice versa and

2.2.3 a natural person includes a juristic person or legal entity and vice versa.

2.3 Sekuriteit Sonder Grense and/or its replacement and/or its successor in title.

2.4 “Date of commencement” refers to the date that this agreement is signed.

2.5 The “Agreement” refers to this agreement.

2.6 “Initial fee” refers to the amount payable by the client to Sekuriteit Sonder Grense from the date of commencement of this agreement all monthly fees are paid in advance.

2.7 “Initial period” refers to the period of (one) 1 year following the date of commencement and which period will be calculated by excluding the first day and including the last day.

2.8 “Security system” refers to a comprehensive electronic security system and/or an ordinary panic system.

2.9 “The service” refers to one or both of the twenty-four-hour monitoring of electronic security systems and/or the twenty-four-hour emergency reaction service.

3.  MONITORING the client’s alarm system includes the

3.1 Twenty-four-hour monitoring of the Client’s security system by radio signal.

3.2 Processing of information and instructions received from the Client, by means of computer and/or other acceptable system in the case of the activation of the relevant alarm system in the Control Centre.

3.3 The speedy notification of the Armed Response Service, SAPS, relevant authorities and/or instances and/or interested persons (whatever written instructions were given to Sekuriteit Sonder Grense) in the case of activation of the relevant security system and when no satisfactory telephonic confirmation is received from the premises that everything on the premises is in order.

4.  ARMED RESPONSE SERVICE includes the

4.1 Rendering of a twenty-four-hour Armed Response Service by trained security officers within the framework of this agreement.

4.2 Immediate activation of the Armed Response Service by the Control Centre in the case of the activation of the Control Centre by the Client’s security system.

4.3 The speedy reaction by trained and armed security officers to the premises with the exclusive aim to:

4.3.1 Take immediate action in the case of a security crisis.

4.3.2 Immediately notify the SAPS, relevant authorities and/or instances and/or medical services of the emergency situation.

4.4 Upon termination of the emergency steps and take-over of the situation by the SAPS, relevant authorities and/or instances and/or medical services as required by the situation, the obligations of the Armed Response personnel are deemed to be fulfilled. The armed response officer will only stay at the premises for maximum time of 15 minutes. During which time it is the responsibility of the client to ensure that he or she is at the premises.

5.  IT IS FURTHER AGREED AS FOLLOWS:

5.1 The client’s alarm system includes the undertaking from the date of commencement up to and including the cancellation thereof to.

5.2 Monitor the client’s electronic alarm system twenty-four hours per day from a Control Centre.

5.3 Rendering an Armed Response Service to the client.

6.  RADIO TRANSMITTER

6.1 The Radio transmitter which affects the link between the Client’s security system and Sekuriteit Sonder Grense CONTROL CENTRE and which is installed on the premises remains the legal property of Sekuriteit Sonder Grense.

6.2 Any damage to the radio transmitter as the result of negligent handling by the client or his delegates will be recovered from the client.

6.3 Should any third party confiscate any equipment belonging to Sekuriteit Sonder Grense the client will immediately notify Sekuriteit Sonder Grense of such action.

7.  FUNCTIONING OF EQUIPMENT

7.1 Sekuriteit Sonder Grense undertakes to do everything possible to ensure that an alarm system installed by itself or its authorised subcontractor functions efficiently.

7.2 The above undertaking, however, does not apply where the alarm system is damaged by lightning or negligent handling or,

7.3 where parts of equipment are added to and/or removed from an existing security system by any person other than a Sekuriteit Sonder Grense technician and/or an authorised subcontractor.

7.4 Sekuriteit Sonder Grense and its suppliers of equipment guarantee the products installed by Sekuriteit Sonder Grense as well as the workmanship for a period of one year from the commencement date.

7.5 It is the responsibility of the client to test the functioning of his alarm system from time to time (Preferably once per Month). It is however also the client’s responsibility to notify Sekuriteit Sonder Grense telephonically beforehand that he intends to test the security system.

8.  FALSE ALARMS AND MISUSE OF THE CONTROL CENTRE

It is the responsibility of the client to ensure that his/her alarm system does not activate false alarms due to misuse by him/her and/or his/her subordinates. It also includes the maintenance of plants and obstructions including pets that could cause false alarm activations.

9.  HOLDING OF KEYS

The Client hereby agrees that personnel employed by Sekuriteit Sonder Grense may be set in possession of the keys to the premises in order to get access to the premises if the situation so warrants it. Sekuriteit Sonder Grense will keep keys in safe custody after use.

10.  FIREARMS

The Client hereby agrees that security officers who are employed by Sekuriteit Sonder Grense and who are in possession of a firearm may enter the premises in the performance of their duties. Furthermore, the client agrees that, if deemed necessary by the given situation, the security officer concerned may fire a firearm on the premises.

11.  WARRANT FOR ARREST

11.1 The Client authorises Sekuriteit Sonder Grense and/or its authorised representative to:

11.1.1 the purposes of Sec.24 of the Criminal Procedure Act, Act No. 51 of 1977, as amended take full control of the above-mentioned premises in his absence.

11.1.2 According to Sec. 42 (3) of the Criminal Procedure Act, Act No 51 of 1977, as amended, arrest any person who trespasses on the above-mentioned premises immediately without a warrant for arrest.

12.  FEES

As contained in paragraph 1, Sekuriteit Sonder Grense renders a:

12.1 Fees are payable as set out one page 1 of agreement

12.2 Fees mentioned are subjected to year escalation which will take effect in March annually

12.3 Annual licence fee will be payable in November each year

12.4 Amounts due are payable in advance not later than the 7th (seventh) day of each applicable month

12.5 If any outstanding fees are not paid on due or agreed date, a suspension of services will take immediate effect until all outstanding fees are paid in full

13.  DURATION OF VALIDITY OF THE AGREEMENT

13.1 After the Initial Period contained in clause 2.7 this agreement will be valid for (1) one year. This agreement will renew automatically for a further (1) one year, and will continue to do so unless the client gives the company one (1) calendar months (1st of the month) written notice.

13.2 Should the Client terminate the service before the expiry of the Initial period, he/she will be held liable for the payment of all outstanding fees as if he/she made use of the service for the full term of the Initial period.

13.3 Both parties may terminate this agreement by giving each other one calendar month notice in writing of his/her intention to terminate the service.

13.4 This agreement shall be terminated immediately without any notification to the client, should the client neglect to pay the fees contained in clauses 12.1, 12.2, 12.5 and 12.7 for one calendar months.

14.  INDEMNITY

14.1 For the purposes of paragraph 3, monitoring of the client’s security system is at all times subject to circumstances and/or events within the control of Sekuriteit Sonder Grense.

14.2 Although Sekuriteit Sonder Grense undertakes to assist the client at all times with regards to the efficient functioning of his security system, he does not accept any responsibility for any faulty operation of the security system by the client.

14.3 For the purpose of paragraph 3 the client indemnifies Sekuriteit Sonder Grense of any responsibility and/or claims that may arise from any damage, loss, detriment, injury or death, directly or indirectly, consequently or otherwise, suffered by the client, the premises, his family, guests or partners, arising from any action or negligence by any staff member of Sekuriteit Sonder Grense, either negligent or otherwise or caused as the result of circumstances beyond the control of Sekuriteit Sonder Grense.

14.4 For the purposes of clause 4.3 the speedy visit by the security officers of the emergency reaction service is subject to circumstances and/or events beyond the control of Sekuriteit Sonder Grense.

14.5 The client accepts that medical emergency treatment administered by the staff of the Armed Response Service, will not substitute comprehensive medical treatment that should be administered by registered and qualified medical practitioners.

15.  JURISDICTION

The client hereby complies with the jurisdiction of the Magistrates Court for any action that may arise out of this agreement,

16.  GENERAL

16.1 This agreement constitutes the entire agreement between the parties in respect of the issues mentioned therein and the parties place on record that there are no understandings, guarantees or obligations not set out in this agreement.

16.2 No amendment of the agreement shall be in force unless it is in writing and signed by the parties.

16.3 The parties will do everything and sign all documents necessary in order to give effect to this agreement.

17.  DOMICILIUM CITANDI ET EXECUTANDI

The parties choose as their domicile citandi et executandi for all purposes under this agreement, whether in respect of court process or notices or other documents, or communications of whatsoever nature, the following addresses:

Sekuriteit Sonder Grense – 3 Bennie Osler str Unitaspark, Vereeniging, 1943