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1Particulars of Client2Response & Monitoring Details3Debit Order Authorisation

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Makopano undertakes to provide the Client with one or more of the services specified in the SERVICE SCHEDULE and briefly described in clause 16 and 17 of the TERMS AND CONDITIONS and wishes to sell the Client equipment (if applicable) specified in the EQUIPMENT SCHEDULE and install such equipment together with a radio transmitter and antenna (if applicable), to enable Makopano to provide such services, on the TERMS AND CONDITIONS of this agreement.

In this Agreement, unless inconsistent or otherwise indicated by the content

1.1 “the Act” means the Consumer Protection Act No. 68 of 2008;
1.2 “the/this Agreement” means the Schedule, the Job Card and the Terms and Conditions;
1.3 “Makopano” means Makopano Solutions Group (Pty) Ltd, registration number 2017/338259/07;
1.4 “Makopano Goods” means the radio transmitter and antenna (if applicable) set out in the Equipment Schedule;
1.5 “Client Goods” means the equipment specified in the Equipment Schedule but excluding the Makopano Goods;
1.6 “Client, Your, You” means the person identified as the Client on the Schedule;
1.7 “Goods” means the Client Goods and MAKOPANO Goods all of which equipment in specified in the equipment schedule;
1.8 “Installation Date” means the Date of which the Goods are delivered and installed;
1.9 “Job Card” means the job card attached to these terms and conditions;
1.10 “Law” means common law, legislation, regulations and any subsidiary legislation prevailing from time to time in the in the Republic of South Africa;
1.11 “Loss” means loss, liabilities claims, costs, charges, damages and outgoings of every description (including legal costs and expenses), compensation payable under contracts, loss of normal operating profits, loss of opportunity, loss of goodwill, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigations, interest and penalties;
1.12 “the Parties” means the parties to these Terms and Conditions and “Party” means anyone of them as the contract may indicate;
1.13 “Purchase Price” means the purchase price payable by the client to MAKOPANO for the Client Goods;
1.14 “Schedule” means the document headed “Schedule” attached to these terms and conditions;
1.15 “the Service” means the service which the Client has appointed MAKOPANO to perform in terms of this Agreement as specified in this Schedule;
1.16 “Service Fee” means the monthly service fee payable by the Client to MAKOPANO in respect of the provision of Services as specified in the Schedule;
1.17 “Signature Date” means the Signature date this agreement by the Party signing;
1.18 “the/these Terms and Conditions” means the terms and conditions contained in this document;
1.19 “Total Monthly Charge” means the Service for the month and the monthly fee for the Makopano Goods;
1.20 “We/Our or Us” means MAKOPANO, it’s successors-in-title or assignees;
1.21 Any reference to one gender shall be deemed to include the other and any reference to the singular shall include the plural.

MAKOPANO hereby sells to the Client who hereby purchases the Client Goods from MAKOPANO on the terms and conditions set out in this Agreement.

3.1 The Purchase Price for the client goods is set out on this Schedule;
3.2 If You have chosen the option to rent the Client Goods then Clauses 3.1 shall not apply and instead you agree;
3.2.1 In the event of early termination of the Monitoring and Responses Services for whatever reasons prior to the expiration of the 36-month rental period in respect of the Goods only; You can pm written notice to MAKOPANO of Your own intention to do so, pay MAKOPANO 20% of the Service Fee on a monthly basis for as long as you are using or are in possession of the Goods or; You can on written notice to MAKOPANO remove the Goods in which event MAKOPANO will remove the Goods and You will be liable to MAKOPANO for the payment of a de-installation fee of R1500.00 plus VAT for the de-installation and removal of the Goods from Your premises;
3.2.2 To ensure that the Goods are properly maintained and fully functional at all times. Should any part of the Goods be damaged or found to be faulty at the time of de-installation in terms of this clause You will be liable for the costs of the repair and or replacement of such Goods;
3.2.3 Ownership in the Client Goods remains vested in the MAKOPANO for the duration of the contract, in the event of any early termination of this Agreement prior to a period of 36 months having passed. We will remove the Goods subject to the provisions of the clauses 3.2.1 and 6.3;
3.3 You understand and agree that the Purchase Price will still be due and payable to Us in full in the event of the Client Goods being damaged, destroyed, lost, stolen or no longer of any use other then as a result of bad workmanship, a fault in quality or a “defect” as described in the Act. The Purchase Price will be immediately payable in full in the event of termination of this Agreement.

The client hereby appoints MAKOPANO to provide the Goods and Services in terms of the Terms and Conditions contained herein and MAKOPANO hereby accepts such appointment. The Goods will be delivered by Us to You on the installation Date.

5.1 The service fees payable in respect of the Services are set out on the Schedule;
5.2 You will pay the Service Fees monthly for the duration of this Agreement;
5.3 You will pay a monthly rental fee in respect of the MAKOPANO Goods, and the Client Goods if clause 3.2 shall apply, by 36 (thirty-six) equal monthly installments starting from the installation date;
5.4 By signing this document you acknowledge and agree that we may vary all or any Service Fee as a result of any changes (which are beyond our control) made to the rates by any thirds party, with whom we have contracted for the provision of the Services, on 7 (seven) days written notification to You by your Signature hereto. You agree to such changes that may be required;
5.5 In addition, we will be entitled to annually increase our monthly fees to accommodate increases in the cost of Services;
5.6 We will give you 30 (thirty) days’ notice of our annual increase and may terminate this Agreement being implemented on written notice to MAKOPANO in terms of clauses 6.2.

6.1 This Agreement will commence on the Signature Date and will continue for a period of 36 (thirty-six) months on the basis that You hereby expressly agree to this term;
6.2 Notwithstanding the provisions of 6.1 unless the Client is a juristic person (body corporate, partnership or trust) as denned in the Act. The Client may terminate this agreement on 20 (twenty) business days written notice to MAKOPANO. Notice must be given to MAKOPANO via the Clients local MAKOPANO branch which must be acknowledged in writing by MAKOPANO prior to termination taking effect;
6.3 In the event of the Client so terminating the Agreement, MAKOPANO will be entitled to charge 3 months cancelation fee for the termination of this Agreement together with the MAKOPANO Goods removal fee as set out in the Schedule. The cancellation fee will increase each year for the duration of the Agreement by 8% or in line with the consumer price index, whichever is higher. The Client shall be responsible to call MAKOPANO’S call center in order to arrange a suitable Date for the de-installation or the removal of the MAKOPANO Goods. If the MAKOPANO Goods are not returned then MAKOPANO reserves the right to charge for the replacement cost of the MAKOPANO Goods. If the Client removes the MAKOPANOM Goods and return them to the MAKOPANO in good working order then no removal fee shall be due to MAKOPANO;
6.4 MAKOPANO will furnish the Client unless the Client is a juristic person as denned in the Act with 3 (three) calendar months written notice of the impending expiry of this Agreement setting out an option to renew this Agreement and the consequences thereof. The Client acknowledges that unless written notice is received by MAKOPANO, not less than 20 (twenty) business days before the expiration of this Agreement confirming the declining, the expiry of this Agreement will automatically be renewed on a month to month basis;
6.5 In the event of the Client relocating, the service will be transferred to the Client’s new premises, unless MAKOPANO does not provide a service un the said area. The Client’s may either install a new alarm system or cover the costs the costs involved in the transfer of the existing system;
6.6 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 authorised person appointed by MAKOPANO.

7.1 Unless otherwise stipulated in this Agreement, all amounts due in terms of this Agreement, will become due and payable on the Date of the invoice in respect of the Goods and/or Service concerned;
7.2 MAKOPANO may charge interest on any amount not paid on the due Date, calculated from the Date of payment, at the prime overdraft rate charged by MAKOPANO’s bankers from time to time;
7.3 The Client will pay MAKOPANO the Service Fee monthly in advance. The first payment due in terms of the Service Schedule is payable on the installation Date and all further Service Fee payments will be made not later then the 7th (seventh) day of each and every successive month, alliteratively on or before the Date specified in the Debit Order Authorisation, without any deduction or demand;
7.4 In the event of the Client authorizing payment by way of debit order MAKOPANO which include but are not limited to extra services, administration fees pertaining to unpaid accounts and any fees incurred in the conclusion, implementation and enforcement if this Agreement. The cost of the extra services will be agreed upon between MAKOPANO and the client prior to signature date. If the Client’s direct debit order is not honored MAKOPANO reserves the right to put the Client into the NEADO system and the Client agrees to reimburse MAKOPANO the associated costs in addition to any charges payable to his bank;
7.5 A communication link fee as set out in the cost and service schedule is payable to MAKOPANO in respect of the year in which this Agreement is entered into and thereafter annually in advance for each and every succeeding year. Subject to any law to the contrary. You will not have the right to set-off, deduct, defer, adjust or withhold any payment due to Us in terms of or arising out of this Agreement.

8.1 Subject to 1.1 all risk in the Client Goods will pass to You on the installation date;
8.2 In the Event that you have chosen to rent the Client Goods, you have an option to take ownership of the goods, on the 37th month. However, the maintenance plan will fall away, and you will be liable for all repairs and maintenance of the system thereafter;
8.3 Ownership in the MAKOPANO Goods will at all times remain vested in MAKOPANO and will never become the property of the Client.

Unless specifically agreed upon in writing by MAKOPANO and the Client no structural work or the chasing of walls will be undertaken. It is also agreed that any repairs necessitated by structural work, including plaster paving and painting will be the responsibility of the Client.

10.1 It is MAKOPANO’s intention to at all times supply safe and Goods quality Goods which are in good working order and free of defects;
10.2 If the Client finds the Goods to be defective, unsafe or of a bad quality, then the Client may within 6 (six) months after the installation Date, return the Goods to MAKOPANO, and MAKOPANO will as required by the Client either:
10.2.1 Repair or replace the failed, unsafe ore defective Goods, or;
10.2.2 Refund to the Client the price paid for the Goods until the Date of de-installation.
10.3 The rights referred to in this paragraph will not apply in the following situations:
10.3.1 Where the Goods have been altered contrary to the instructions, tampered with, misused or abused or Used for a purpose for which they were not intended;
10.3.2 The instructions have not been followed (as contained in the instruction manual received with the Goods), or;
10.3.3 Where the Goods are in a particular condition on the installation Date and the Client has been expressly informed thereof and the Client has expressly agreed to accept the Goods in that condition or Acted in such a manner that is consistent with accepting the Goods in that condition.
10.4 If the Client has a complain and wishes to return the Goods pursuant to the provisions of this clause, please contact Us at the Client’s local MAKOPANO branch;
10.5 MAPKOPANO shall have no liability or obligation to the Client with respect to any Goods which has been subjected to abuse, misuse, improper use, improper testing, negligence, accident, alteration, tampering or faulty repair, or as a result of ordinary wear and tear at the hands of the Client and the Client hereby indemnifies MAKOPANO accordingly;
10.6 In the event of the Client exercising its rights to return the Goods pursuant to the provisions of the clause 10, MAKOPANO shall still be entitled to charge a reasonable fee for Use of those Goods in the meanwhile in terms of its rights to do so as set out in the Act.

11.1 You are entitled to inspect the Goods;
11.2 You may inspect the Goods by way of detailed representation available on the following website;
11.3 Such inspection will be “inspection” for purposes of the Act and unless the Goods delivered to You do not correspond to the visual images or samples made available to You. This will be inspection of the Goods in terms of Your rights in the Act;
11.4 To the extent that You have been expressly informed by Us that particular Goods are offered in a specific condition and it is expressly agreed to accept the Goods in the condition, or You knowingly Act in a manner consistent with accepting the Goods in that condition, then You will be deemed to have accepted the Goods in the condition and shall have no claims against Us in respect of the nature and quality of the Goods;
11.5 In the event that You have altered the Goods contrary to the instructions after they have left our control, You can no longer claims against Us in respect of any Loss that arises in respect of the Goods, their sale or Use.

12.1 Where this Agreement was entered into by direct marketing or where a Client was personally approached by MAKOPANO, the Client will have 5 (five) Working Days from the Signature Date to cancel this Agreement subject to the following:
12.1.1 Returned Goods will be refunded at the price set out in the Equipment Schedule;
12.1.2 The VAT charged on the Goods will not be refunded unless the original invoice is provided with the returned Equipment.
12.2 Notwithstanding the provision of 12.1 Goods may be returned on the following conditions:
12.2.1 The Client must be able to provide the original invoice; and
12.2.2 The Goods must still be in their original condition.

We are not responsible for getting any insurance in respect of the Goods and should you wish to acquire such insurance, You must do so Yourself.

14.1 MAKOPANO will not be liable for any delay in rendering any of the Services pursuant to this agreement of any failure to render such Service as a result of any strike, protests, flood, riot,, boycott, cessation of supply, explosion, traffic accidents involving the attending Response Officers, traffic congestion and road closures, heavy rain storms, electrical blackouts, high signal, volumes, act of God or other circumstances beyond the control of MAKOPANO. In addition, the Client acknowledges that the armed response Services are shared services which means that the Response Officers we use to provide the Services will also be covering the premises of other clients. If all the Response Officers in the vicinity of your premises are already attending other premises or we are experiencing exceptionally busy periods then We may be delayed in attending Your premise. In such circumstances We shall not be liable to You for any losses arising due to such delay;
14.2 It is expressly agreed that the Services rendered, Goods sold and/or maintained in terms hereof, are for the purpose of minimizing the risk of a burglary, personal attack, injury or any other applicable cause of loss, and the Client acknowledges and agrees that the supply of Goods and Services is not a guarantee to prevent crime and so long as MAKOPANO complies with its obligations as set our in this Agreement and any applicable law it will not be liable for any loss incurred by the Client as a result of it being unable to prevent or stop a crime or apprehend or deter a perpetrator of such losses. The Client accordingly hereby indemnifies MAKOPANO and holds in harmless in respect of any Loss of the Client in this regard;
14.3 Save to the extent of any obligations of MAKOPANO terms of the Act or any other Law in respect of the supply of the Goods which it cannot in law exclude or limit liability for, MAKOPANO shall not be under any liability (other than for gross negligence or willful default by MAKOPANO) for any Loss suffered by the Client whatsoever, arising from the performance of the services in terms of this Agreement, whether direct or indirect, consequential or contingent and whether foreseeable or not;
14.4 Subject to any law to the contrary, the Client indemnifies and holds MAKOPANO harmless against any claim of whatsoever nature which may be brought against MAKOPANO 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 in terms of this Agreement including, but not limited to a negligent act or omission by MAKOPANO or its employees or agents or as a result of the rendering of a Service by MAKOPANO for any reason whatsoever except acts of gross negligence or willful default by MAKOPANO, It is agreed that no insurer will have any rights of subrogation against MAKOPANO and the Client agrees to notify its insurers of all the provisions of the clause;
14.5 To the extent that MAKOPANO may be liable pursuant to the provisions of the Act in respect of the provision of the Services, such liability shall be limited to a maximum of 10% of the Total Monthly Charges for that year in respect of which the liability arises;
14.6 MAKOPANO will not be liable for any damage to the premises, which may be caused by the installation, inspection, checking, re-setting, maintenance, repair or removal of Equipment and/or radio transmitter and antenna or the checking of the premises, however, agrees to use all reasonable care in installing, inspecting, checking or resetting maintaining, repairing or removing the Equipment and/or radio transmitter and antenna and checking the premises as the case may be;
14.7 In the event of the Goods being installed by a third party, MAKOPANO cannot be held liable for maintenance or repairs resulting from fault in pre-existing third-party equipment owned by the Client which does not form part of the Equipment sold by MAKOPANO to the Client.

It is Your responsibility to:
15.1 Ensure that the Goods are not tempered with and are kept in good working order and are housed under suitable conditions;
15.2 Not alter or modify the Goods or allow any alterations or modifications in respect therefore by any third party;
15.3 Operate the Goods in accordance with the instructions given by MAKOPANO;
15.4 Not allow the MAKOPANO Goods to become subject to any lien, hypothec, pledge or any other encumbrance or judicial attachment, nor let, part with possession of, nor abandon same, nor offer nor attempt to do any of the foregoing. Should the MAKOPANO Goods become subject to any lien, hypothec, pledge or any other encumbrance You will immediately procure the release thereof and indemnify Us accordingly. This sub-clause shall also apply to the Client Goods prior to MAKOPANO receiving the full Purchase Price;
15.5 Ensure that the radio transmitter and antenna are used only for the purpose of transmitting bona de emergency signals to MAKOPANO monitoring centre;
15.6 At all times eliminate nuisance alarms and advise MAKOPANO Monitoring Centres of such false alarms The Client will be responsible for payment of MAKOPANO’s prevailing charges as a consequence of such false alarms. MAKOPANO reserves the right to suspend services in the event of nuisance alarms and for the avoidance of doubt the Client will remain liable for all Service Fees during any period of suspension;
15.7 Be responsible to ensure that all Goods and/or radio transmitter and antenna are fully functional;
15.8 Inform MAKOPANO of any faults or problems in or in respect of the Goods and/or radio transmitter and antenna as soon as possible after any such fault or problem is discovered;
15.9 Forthwith notify MAKOPANO of any structural alteration or any other modification to the premises, which might affect the proper functioning of the Goods and/or radio transmitter and antenna;
15.10 Bear all costs associated with the supply of electricity and reticulation thereof to any of the Goods and/or radio transmitter;
15.11 Keep at his/her expense the premises in a condition which is conductive to the proper operation of the Goods and/or radio transmitter and antenna and to ensure that in the amend condition, all protected areas are devoid of the under mentioned (by taking of reasonable precautions), mammals, reptiles, insects and other living creatures, light reflecting surfaces, open windows or doors which cause draught, noise or heat emitting devices, moving objects, either self-propelled or susceptible to movement by air turbulence, any device likely to cause vibration and placing any device in an area that may prevent the detection device from operating correctly;
15.12 In the event of the Client’s premises being burgled and the Client being absent and unreachable, allow MAKOPANO to take all steps reasonably required in order to secure the premises The Client will reimburse MAKOPANO for all such expenditure incurred and/or Services rendered;
15.13 Bear all costs of altering or replacing the radio transmitter and antenna should the independent Communication Authority of South Africa (ICASA) reallocate the radio frequency spectrum;
15.14 Be responsible for the replacement of batteries contained in all wireless auxiliary equipment such as remote panic buttons and wireless security devices;
15.15 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 MAKOPANO;
15.16 You understand and agree that failure by You to comply with the provisions of this clause 15 will result in You losing any claim against MAKOPANO in respect of the quality and durability of the Goods.

16.1 The Services as specified in the Service Schedule will commence within 48 hours after the Goods have been linked up to MAKOPANO’s system;
16.2 The Client understand and agrees that MAKOPANO may have to and will be entitled to suspend the Services:
16.2.1 during any technical failure, modification or maintenance of the MAKOPANO’s system or;
16.2.2 if the Client fail to comply with any of these terms and conditions and fail to remedy such breach within 20 (twenty) days of receiving notice thereof.
16.3 The Client acknowledges that the Service quality and coverage available will be limited to that provided by the Client’s co-operation and MAKOPANO’s systems and from time to time the provision of Services may be adversely affected by environmental factors and that MAKOPANO unilaterally does not have control over the provision thereof;
16.4 The Client agrees that they will:
16.4.1 not use the Services for any improper or unlawful purpose;
16.4.2 in respect of the Services only use Goods which has been approved by MAKOPANO; and
16.4.3 comply with all relevant law and regulations and all instructions issued by any MAKOPANO regarding the use of the Service along with the Goods.
16.5 The Client agrees to notify MAKOPANO in writing of the names and contact numbers of at least 2 (two) key holders of the premises with appropriate knowledge of the operation of the alarm system A key holder must be willing and able to attend as soon as reasonably possible after being requested to do so by MAKOPANO.

The dispatch of an armed Response Officer to investigate bona fide call.
You acknowledge and understand that Response Officer may be in possession of a firearm and that the use thereof may result in serious injury or death.
The monitoring of electronic or mechanical devices by the MAKOPANO Monitoring Centre.
The Monitoring of electronic or mechanical devices by the MAKOPANO Monitoring Centre and the dispatch of an armed Response Officer to investigate a bona fide call.
Upon the receipt by MAKOPANO of a signal from the Client’s Equipment and/or radio transmitter, a message will be sent to the Client’s cell phone or pager via the Client’s specified network.
A 24-hour Monitoring Centre contact with the service provider appointed by MKAOPANO.
The Monitoring of ac panic system and dispatch of an armed Response Officer to investigate the call.
17.7.1 This service only applies to burglar alarms and radio transmitters installed by MAKOPANO;
17.7.2 The maximum permissible claim value will not exceed a once of amount of R1,750.00 (ONE THOUSAND SEVEN HUNDRED AND FIFTY RAND) per annum;
17.7.3 The cover in terms of this service will only come into operation 60 (SIXTY) days after the commencement date;
17.7.4 In the event of the Client requesting one radio to be used for both the alarm system and electric fence, the Client is at risk for lightning damage which will not be covered by this plan.
17.8.1 MAKOPANO will provide the following preventative maintenance service when requested to do so by the Client on all rented MAKOPANO Goods, for the duration of the contract: The Maintenance plan will include the Technical callout fees, labour and material for the duration of the rental contract; The alarms battery will only be covered for the first 12 months; thereafter the client will be liable for the repair and replacement of such; Exclusion on maintenance refer to 10.5 of Agreement.
17.8.2 This service is limited to: Bronze One maintenance call per year and checklist signed off; Load test battery at call if required. Silver Two maintenance calls per year and checklist signed off; 15% (FIFTEEN PERCENT) discount off all other service call out charges at normal MAKOPANO rates during the year; 15% (FIFTEEN PERCENT) off any material and labour charges billed at normal MAKOPANO raters during the year; Upgrade of signboards if necessary. GOLD Three maintenance calls per year and checklist signed off; 20% (TWENTY PERCENT) discount off all other service call out charges at normal MAKOPANO rates during the year; 20% (TWENTY PERCENT) off any material and labour charges billed at normal MAKOPANO rates during the year; Upgrade of signboards if necessary.
17.8.3 Only MAKOPANO may attend to such repairs or replacement of the Goods. In the event that the Client attends to such repair or replacement himself or through an unauthorised party, the Client indemnifies MAKOPANO with regards to any defects, hazard or failure that may occur as a result thereof;
17.8.4 In the event that MAKOPANO attends to such a repair or replacement and the Goods suffer a further defect, hazard or failure, then the Client may lodge a written claim with MAKOPANO and return such Goods within 3 (three) months after it has been repaired for a refund or exchange;
17.8.5 Any of the aforesaid repairs or replacements will be affected by MAKOPANO during normal business hours ie. 08:00 to 17:00 on weekdays, 08:00 to 12:00 on Saturdays, excluding Sundays and Public Holidays. In the event of any such work being undertaken outside the normal business hours, the Client will be responsible for payment of all additional costs, at MAKOPANO’s normal charge outside the normal business hours, the Client will be responsible for payment of all additional costs, at MAKOPANO’s normal charge;
17.8.6 MAKOPANO reserves the right to inspect any Equipment prior to acceptance on a maintenance plan;
17.8.7 MAKOPANO accepts no responsibility for being unable to acquire components required to affect any repair. In such an event, MAKOPANO will offer to replace or upgrade such a component and such cost will be for the Client’s account If the client does not book the service calls within a 12 month period the calls are forfeited.
The Monitoring of the Client’s electric fence upon activation thereof.
The Monitoring of security officer by way of electronic equipment and signals, as specified in the REACTION AND MONITORING DETAIL SCHEDULE.
The monitoring of specified signals generated by ny refrigeration device indicating each occasion the Goods has been triggered.
The monitoring of specified signals generated by the goods indicating each occasion the Goods has been armed or disarmed.
The dispatch of an armed Response Officer to investigate a bona de call received by MAKOPANO’s Monitoring Centre by means of a telephone call.
Providing the Client with a history report (for those intervals specified by the Client) which will react the signals received and subsequent action taken by MAKOPANO in respect of the signals from the Client’s Equipment and/or radio transmitter.
The patrol service will be initiated on written request from the Client for the period stipulated in such request. This service is only available to Clients making use of the armed reaction service.
MAKOPANO will conduct a risk assessment on the Client’s premises and in the evet that MAKOPANO deems the premises has moved into a higher risk premises. MAKOPANO reserves the right to levy an additional monthly fee and require the site to be monitored via a dual communication with one communication devise signaling zone information.
MAKOPANO reserves the right to process low priority alarms such as mains failures via the Automated Alarm Attendant (AAA). In the event of a low priority alarm signal AAA will contact the Client to enter his PIN to cancel the signal. A Client must obtain a PIN (Personal Identification Number) form MAKOPANO.
MAKOPANO reserves the right to allow testing of the Client’s alarm systems via the Smart Testing System (STS).

18.1 You hereby acknowledge and agree that You are aware that MAKOPANO:
18.1.1 Will only service and maintain specific makes of alarm system;
18.1.2 Will link any other alarm panel installed by another company (if in a working condition and installer codes are available) but takes no responsibility for the system and its operation. In such instances: It is the Client’s responsibility to ensure that the alarm panel and accessories are in a working order; The company that completed the installation must undertake all servicing and maintenance should MAKOPANO not be in a position to do so; No mechanical window vibration sensors can or will be linked or installed; No communicator (telephone connection) will be linked.
18.1.3 Alternatively should the Client have an outdated system; it may be upgraded and will subsequently also create the capability of remote technical calls.

In instances that You do not wish that a technician visit the premises, You hereby acknowledge that You do not require a MAKOPANO technician to check and test the alarm system and that You take full responsibility for the testing of the alarm system and signals and that You are completely familiar with the operation of the alarm system including but not limited to away arming, stay arming, disarming, bypassing and trouble viewing and You hereby indemnify MAKOPANO accordingly.

20.1 The Client herby acknowledges and agrees that in concluding and signing this Agreement, that certain services and maintenance may require to be conducted in respect of the Goods from time to time and that the provisions of this clause constitute a quotation for repairs as required in terms of the Act. The Client hereby authorizes MAKOPANO to carry out the necessary repair, service, maintenance and/or replacement work require in terms of the Goods from time to time to the value of R 1 000.00 (one thousand rand) (“Authorised Amount”). The Authorised Amount will increase each year for the duration of the agreement by 8% or in line with the consumer price index, whichever is the higher.
20.2 In the event of additional work not being authorised in terms of clause 20.1 above becoming necessary, MAKOPANO shall provide You with a further quotation pertaining to such additional work and will obtain Your prior approval before carrying out the additional work.
20.3 In the event that You have authorised additional work to be carried out as contemplated in clause 20.2 above, such additional work will be subject to the terms and conditions set out in this Agreement and shall not be deemed to constitute or create a new or separate contract.
20.4 Any part of the work to be carried out in terms of the quotation set out in this clause 0 may be carried out by MAKOPANO or any agent or subcontractor appointed by MAKOPANO. You will remain liable for payment of the authorised costs of the work as set out in Clause 20.1 above.
20.5 Any dates given for delivery and completion of the work are estimates only and no exact delivery date or time has been agreed and You hereby acknowledge that MAKOPANO is not in a position to promise any delivery date or time.
20.6 MAKOPANO will carry out the work as soon as is reasonably possible and no exact delivery date and time has been agreed and MAKOPANO cannot warranty any delivery date or times.
20.7 MAKOPANO warrants the parts installed during the work for a period of 3 (three) months after the date of such installation. If the Goods are subject to a manufacturer’s warranty, such warranty will run concurrently with any other statutory warranty applicable to the Goods.
20.8 The applicable warranty will:
20.8.1 Be void if You do not strictly comply with the terms and conditions thereof;
20.8.2 Not apply to ordinary wear and tear and normal use of Goods;
20.8.3 Be void if the Goods or parts have been subjected to misuse or abuse.

21.1 In instances that a communicator link is activated, the Client hereby confirms and acknowledges that the alarms system has been linked via the telephone line to the MAKOPANO Monitoring Centre;
21.2 All calls made by the alarm system to the Monitoring Centre will be charged at normal Telkom rates (maxi call) and will be for the Client’s account;
21.3 The alarm system has been programmed to dial the Monitoring Centre y making use of a 0861 number;
21.4 In the event that the telephone line being used to monitor the alarm system is barred the alarm system will NOT be able to communicate with the Monitoring Centre resulting in signals NOT being received;
21.5 Clients making use of PABX systems are to take care that the alarm link remains unbarred and that the system is tested weekly.

22.1 In instances that access to the premises is not possible, You acknowledge and place on record that due to the current layout of the premises or the presence of vicious dogs, access by a Response Officer in the event of a signal from the alarm system will not be possible. It remains Your responsibility and at Your cost to ensure reasonable access to the premises by a Response Officer and whether or not access to the premises is deemed possible will be at the sole discretion of the Response Officer;
22.2 The above situation will result in the Response Officer only leaving a slip in the post box or alternatively on the gate. All will be presumed to be in order should no obvious signs of forced entry be visible from outside of the premises and a false alarm category allocated to that specific signal;
22.3 Lack of access to the premises in the case of a panic or duress alarms signal could have serious consequences;
22.4 Although MAKOPANO agrees to use its best endeavours to secure the premises, You agree and understand that MAKOPANO cannot guarantee the security of the premises and cannot be held liable accordingly.
22.5 In the event that You have chosen not to install systems to allow the Response Officer access to the premises You acknowledge that the benets of such system have been explained to You by MAKOPANO and that without such system You may suffer loss, to the extent that You do suffer any Loss arising out of Your choice in this regard You hereby hold MAKOPANO harmless and indemnify it accordingly;

23.1 In instances that the Client has an electric fence on the property, the Client acknowledges that an electric fence has a high probability of being struck by lightning and if connected to the same radio as the alarm, the alarm system could be damaged. Any damage as a result will not be covered by any MAKOPANO warranty;
23.2 An additional monthly charge is applicable for installing a second radio connected to an electric fence;
23.3 Suitable power supply specifications need also be adhered to.

24.1 The Client confirms that he/she has been advised to test the alarm system at least once per month. The frequency of the testing should be increased if there have been heavy electrical or thunderstorms in the area;
24.2 The Client has furthermore been informed that testing is to be conducted in the following manner:
24.2.1 Only test between 09:00 and 15:00 daily and not at peak periods;
24.2.2 Contact the Monitoring Centre prior to testing the system;
24.2.3 Request the operator to place the system on test;
24.2.4 Test the system by activating i.e. remote panic buttons, static panic buttons, walk-test of passive infra-red detection;
24.2.5 The Monitoring Centre will confirm the types of signals received.

25.1 In the event of activation, the Monitoring Centre will request that the Client supplies a password or code that will identify the Client as a user;
25.2 When the correct password or code is given or cancel code is entered into the alarm keypad, no response vehicle will be dispatched to the Client’s premises;
25.3 Should the incorrect password or code be given, a response vehicle will be dispatched;
25.4 In a duress situation where the system is not disarmed with the duress code, the incorrect password or code can be given to alert the operator that there is an emergency at the premises It is critical that should the Client be in a duress (emergency) situation, a password or code not closely resembling the correct password or code be given in order that the Monitoring Centre clearly note that a duress condition is in progress.

26.1 Panic buttons should only be used in the event of a bona fide emergency;
26.2 Due to the serious nature of the signal and the Health and Safety risks to the Client and MAKOPANO staff, the Monitoring Centre will challenge the signal (call the key holder in order to obtain more information regarding the incident.

27.1 Most alarm systems have been programmed to make use of a Duress code;
27.2 The Duress code will disarm the alarm system and send a distress signal that will not be challenged by the Monitoring Centre. A response vehicle will immediately be dispatched;
27.3 The Duress code MUST NOT be used for normal arming or disarming of the alarm system.

28.1 In instances that the Client receives a service relating to the opening and closing times at the premises. The Client will ensure that the schedule loaded for the monitoring of open and close signals reflects the “operating hours” of the business and not the “trading hours”;
28.2 The scheduled times loaded for the monitoring of the above has a window of one hour on either side Should an open and close signal be received before and after the scheduled time but within the window period, the Monitoring Centre will not challenge the signal;
28.3 The Monitoring Centre will not contact the Client in the event of an open or a close signal being received to just communicate that the system has been armed or disarmed. Should this be required an additional subscription to the auto notify (SMS) program will need to be done at a monthly fee.

In the event of an accidental activation, the Client shall call the Monitoring Centre and inform them of the incident in order that the dispatch of a vehicle on a false alarm can be prevented.

Any changes that a Client may wish to make to details listed in the Clients monitoring profile, i.e. new key holder details, holiday notification etc. must be forwarded to the local branch in writing. The details will be noted and the local branch will forward the required documentation to the Central Data Entry Centre for processing.

31.1 The Key Operational responsibilities of Response Officers are:
31.1.1 Endeavour to provide professional armed assistance to Clients by attending to all calls when summonsed to do so after an alarm activation (burglaries, panic) or a telephonic request (courtesy, vacation watch or suspicious activities);
31.1.2 To endeavor to protect the Client’s life and property from imminent danger or threat by securing the premises and protecting the Client;
31.2 It is not expected of the Response Officers to take on the role of the SA Police Service and chase after suspects to affect an arrest;
31.3 Suspects will however be arrested if the circumstances are of such a nature that the key operational responsibilities are not compromised;
31.4 It is important that the Client take note of the key responsibilities of MAKOPANO Response Officers and the Client should not take any action that would place them at additional risk or compromise such key operational responsibilities.

Notwithstanding what is stated on the statement. You are entitled to pay the full amount owing in respect of the Purchas Price of the Goods to Us at any time during the course of this Agreement.

33.1 If You are in default of this Agreement. We will give You a written notice advising You of the default (“Default Notice”). Default shall include you committing any act of insolvency contemplated in the insolvency Act. 1936 or are sequestrated whether provisionally or finally or are placed under administration IN TERMS OF SECTION 74 OF THE Magistrates Court Act. 1944 or become subject to debt review;
33.2 If You have been in default for 20 business days since we gave you a default notice We will (subject to any other rights We may have in law) be able to institute action for payment of the full Purchase Price and Total Monthly Charge due and payable to us as at the date of default;
33.2 We will be entitled by not obligated to hand this Agreement over to our attorneys or debt collector registered in terms of the Debt Collection Act of 1998 for the collection of the debt.

34.1 If You default in your obligations under this Agreement You will be charged enforcement expenses (subject to the amount allowed in terms of the prevailing Law) which are incurred by Us in the enforcement of this Agreement.
34.2 You will be liable for collection costs incurred by us in exercising Our rights arising out of the breach of Your Obligation in terms hereof. This includes tracing fees, attorney and registered collectors costs will be recovered.

Should the Client be in default of any payment due in terms of this agreement or be in breach of its terms in any other way or fail to eliminate false or accidental alarm activation and fail to remedy such default or breach within 7 (SEVEN) days after dispatch of a notice to remedy the breach, MAKOPANO will be entitled, without prejudice to any alternative or additional right of action or remedy available to MAKOPANO under the circumstances including the right to suspend the rendering of any Services in terms of this agreement to:
35.1 Claim immediate payment of all monies due and payable, however that if the Client does not make immediate payment in terms of this sub-clause, claim the relief set out in clause 35.2 below or;
35.2 Cancel this agreement without notice and immediately;
35.2.1 Request that the client return the Goods, radio transmitter and antenna;
35.2.2 Retain all payments made by the Client in terms of this agreement as a penalty;
35.2.3 Claim as liquidated damages payment of the balance of the total fees for the unexpired portion of this agreement.

36.1 In the event of a dispute or a complaint in respect of the Goods or Services. You should first refer the matter to Us. A dispute can be lodged with us via any of the below options:
36.1.1 In writing; Post to Makopano; Submit online at;
36.1.2 Telephonically by contacting MAKOPANO local branch as set out in the cover page of this Agreement;
36.1.3 You must please ensure that You receive a formal acknowledgement notification;
36.2 In the unlikely event that we cannot resolve your complaint within 20 (TWENTY) Working Day, You will receive a letter of resolution / conclusion on our position or an indication when we expect to reach such a resolution;
36.3 If we are not able to resolve your dispute or complaint, the matter may be referred to an independent conciliation, mediation or arbitration;
36.4 If you are not satisfied with the resolution / conclusion, you are invited to take the matter further and contact the applicable regulatory body on the contact details below:
Makopano Solutions Group
Tel: 011 913 2582

A certificate signed by one of Our duly authorized managers, whose authority need not be provided as to the amount owing by You to us at any time, as to the fact that such amount is due and payable, the amount of the interest accrued and payable thereon and as to any other fact, matter or thing relating to Your indebtedness to us shall be proof (on the face of it) and unless disputed by You of the facts therein stated and of the amount of Your indebtedness for the purpose of provisional sentence or summary judgement or any other proceedings against you in any competent court and shall be valid as a liquid document to such purposes. Such certificate shall be deemed to be of sufficient particularity for the purposes of pleading or trail in any action or other proceeding instituted by us against you.
Makopano will be entitled to affix notice boards in strategic positions on and around the premises indicating that the premises are protected by MAKOPANO.
In the event of this Client being a juristic person, any natural person signing on behalf of such a juristic person, hereby warrants his authority to sign his agreement, it being within the scope of his/her powers, objects and authority.
In the event of the Client being a juristic person the person signing on behalf of such juristic person, hereby binds himself as surety and co-principal debtor in solidum with the Client to MAKOPANO for the due and punctual performance by the Client of all its obligations to MAKOPANO, whether presently due, owing and payable or becoming due, owing and payable in the future, and hereby waives and renounces:
37.3.1 any right to claim an account from MAKOPANO before making payment;
37.3.2 any Benet which he as surety is entitled to by law, without detracting from the generality of the foregoing, including the benets of: exclusion and division, which entitles a debtor to insist that a creditor first exhaust its remedies against the principal debtor before proceeding against any surety; division, which entitles a debtor to insist that the amount claimed be divided proportionately amongst debtors in respect of the same debt, enabling the creditor to enforce its claim for payment of the full amount against any one debtor; cession of action, which entitles a debtor to insist that, in the event a debtor has paid the creditor should cede all its rights and securities to that debtor; a co-surety or co-debtor being able to require that the debt be required from the other in full or in part the meaning, full force and effect of which he acknowledges, he/she knows and understands.

38.1 We are in the possession of information that identifies You (Your Personal Information) to:
38.1.1 Verify your identity and accuracy and completeness of the information You provide to us;
38.1.2 Open, administer and service the Agreement;
38.1.3 To develop and improve our products and use in statistical analysis;
38.1.4 To identify which of Our, or other products might interest you.
38.2 You hereby agree that MAKOPANO, may use Your Personal Information to:
38.2.1 assess lending and insurance risks and arrange, underwrite and administer insurance and handle claims;
38.2.2 identify, prevent, detect or tackle fraud and other crime and carry regulatory checks;
38.2.3 unless You opt out by emailing us accordingly or have ticked “opt out” box contained in this Schedule, we may also use Your Personal Information to contact You by mail, telephone, email, SMS or other methods permitted by Law in relation to offers. We may feel might interest you; and
38.2.4 any other purpose agreed to by you in the Schedule.
38.3 We will keep your Personal Information confidential and only give it to others for the above purposes, including:
38.3.1 to our agents and subcontractors, actin for us to use for the purpose of operating our business and obtaining payment;
38.3.2 to financial institutions or payment collection agencies for the purpose of payment collection; and

38.4 We and other organizations may access and use from other countries the personal information recorded. We may transfer Your Personal Information abroad to countries whose data protection laws are less strict that in South Africa. If so, We will ensure the information is held securely to standards as least as good as those in South Africa and only used for the purpose set out in this clause;
38.5 Your Personal Information may also be used for other purposes required by any relevant Law;
38.6 In terms of the Act and section 45 of the Electronic Communications and Transactions Act 25 of 2002. You understand that you have the option to opt out of any mailing list maintained by MAKOPANO for commercial and marketing communications.

39.1 We have in the drafting of this Agreement used our best endeavors in order to compile with applicable Laws, including without any limitation the Act. To the extent that this Agreement may require further amendment in order to comply with the Act, by Your signature hereto you agree to such amendments which will be set out in a schedule to these Terms and Conditions to the extent applicable;
39.2 The amendments will be affected from the date of notice of amendment or the monthly statement setting out the amendments. Any amendments to the Terms and Conditions will be set out in your invoice or by way of notice of amendment.

40.1 Any contact details you give telephonically, in writing or otherwise as part of the Schedule, for all purposes will be regarded as the legal address where notices and statements can be delivered to you. Your contact details include cellular, phone number, physical address, employment address, email address and home telephone details;
40.2 You may change your contact details by delivering to us written notice of the new contact details by hand, registered mail, fax, electronic mail or to your local MAKOPANO branch. It is the responsibility of the Client to verify with MAKOPANO that such notice has been received;
40.3 We choose to address on the cover sheet of this Agreement as its address for legal and other notices;
40.4 Any notice to a party:
40.4.1 sent by prepaid registered post (by airmail if applicable) in a correctly addressed envelope to it at an address chosen as its contact address to which post is delivered shall be deemed to have been received on the fifth business day after posting (unless the contrary is proved);;
40.4.2 delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its contact address shall be deemed to have been received on the day of delivery; or
40.4.3 sent by email to its chosen email address stipulated in clause 40.1, shall be deemed to have been received on the date of dispatch (unless the contrary is proved)
40.5 You agree that notwithstanding anything to the contrary herein contained, a written notice of communication actually received by You will be adequate written notice or communication to You notwithstanding that it was not sent or delivered at your chosen address.

By signing this Agreement or by telephonically accepting this Agreement, You:
41.1 accept all of the terms and conditions of the Agreement and in the Schedule;
41.2 acknowledge that We are relying on the information that you have given us and that we will not be liable in respect of any errors or omissions therein;
41.3 acknowledge that you understand Your right and obligations in this Agreement;
41.4 acknowledge that you received or were told the Terms and Conditions of this agreement and all other documents that need to be signed and returned to us in order to accept this offer before you signed these documents;
41.5 unconditionally absolve and indemnify us from and against any Loss, which either we or you sustain or incur either directly or indirectly as a result of Our relying on and using banking details and or any information supplied to it by you or on your behalf, in order to pay the proceeds or collect amounts owing in respect of this Agreement;
41.6 agree to inform us immediately by written notice if you are placed under administration order, debt review, sequestration, or other form of insolvency.

42.1 All references to MAKOPANO include its lawful successors and permitted assigns. We reserve the right to cede or transfer our rights and obligations in respect of the Agreement to a subsidiary company associate company or any third party. You may not cede or encumber any of Your rights nor delegate any of Your obligations under this Agreement;
42.2 This agreement together with a verbal recording are the full complete agreement between You and MAKOPANO in respect of the Agreement and there are no additional unspoken or implied terms or conditions and no variation, amendment, extension of time, waiver or rights relaxation or termination of any provisions contained in this Agreement will in any way be of force or constitute a basis to reply on an estoppel unless agreed to in writing by the Parties;
42.3 In the event of any one or more of the provisions of this Agreement being unenforceable then such provisions shall be served from the remaining provisions of this Agreement which shall in no way be affected and shall remain in full force and effect;
42.4 No indulgence which MAKOPANO may grant to you shall constitute a waiver or novation of any MAKOPANO past or future rights;
42.5 You agree that an electronically scanned and store version of the Agreement will constitute sufficient evidence of its content and signature by you and MAKOPANO;
42.6 This agreement shall be governed by the laws of the Republic of South Africa.