About us: We provide offsite CCTV monitoring solutions for clients to link their new or existing CCTV to our offsite control room, which is monitored by our smart detection technology (our “Services”). The Services and the Website are provided by Myertal Tactical Security (Pty) Ltd (“Myertal”, “we”, “our” or “us”).
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Please read carefully before using our Website or using our Services.
Content: The content provided on the Website is for information purposes only and should not be considered an offer or advice.
Content: The content provided on the Website is for information purposes only and should not be considered an offer or advice.
Users: “you”, “the Client” means any person who accesses or uses our Website or our Services. You must be at least 18 years old to use our Services.
Acceptance: By using the Website or our Services, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not access or use the Website.
Online Queries: By completing and submitting an online form, you are inviting us to engage with you in order to ascertain whether or not you are interested in our Services and to provide you offers and information relation to our Services. However, please note that you will need to enter into our standard services agreement before we will provide any Services to you.
Specific Conditions for Risk Assessments:
Specific Conditions for Services:
1. Goods and Services
1.1 This Agreement shall provide for the provision of services by Myertal to the Client as listed in the Quotation (“the Services”) and/or any hardware rented (“Rented Hardware”), as the case may be.
1.2 The Client undertakes to accept the provision of the Services by Myertal to the Client, as follows:
1.2.1 Rented Hardware will always be owned by Myertal, notwithstanding that the Goods have been delivered to the Client.
1.2.2 The Client shall be responsible for ensuring that the Goods are used in accordance with the manufacturer’s product usage directives which will be supplied by Myertal to the Client on delivery.
2. Commencement and Duration of Services
2.1 The Client requires Myertal to provide the Services to the Client, which Services shall commence on the date stipulated (“the commencement date”) and shall endure for the number of months specified (“the Initial Term”).
2.2 The Services will be provided by Myertal at the Premises specified by the Client in writing (“the Premises”).
2.3 Upon expiration of the Initial Term, the Service shall automatically renew on the same Terms and Conditions and for the same number of months as the Initial Term, unless either Party provides the other Party with no less than 30 days written notice, before expiration of the Initial Term, of such Party’s intention not to renew.
2.4. Unless Rented Hardware, in the event of gross negligence the Client is entitled but not obliged to cancel the services with 1 calendar month notice.
3. Myertal Obligations
3.1 Myertal undertakes to supply the client with reports on incidents occurring during the provision of the Services as specified by the Client in writing from time to time, the frequency of reporting, may be altered, after a process of consultation between the Parties.
3.2 Myertal will comply with the requirements of the Private Security Industry Regulatory Authority (“PSIRA”)
4. Client’s obligations
4.1 The Client undertakes to supply an adequate lockable room or gatehouse on the Premises where Myertal personnel, its representatives and/or agents, can attend to administrative functions and/or store the Goods as well as working tools.
4.2 The Client shall provide Myertal, its representatives and/or agents, with access to the Premises as well as access to relevant books and/or all information and/or drawings required by Myertal and shall allow Myertal to interview and take statements from its employees and/or agents during reasonable business hours and by mutual agreement during weekends and public holidays.
4.3 No incident on the Client’s Premises will be recognized or considered unless within 3 (three) working days of the incident, the Client delivers to Myertal a written notice setting out in detail the incident and all the relevant facts relating thereto.
4.4 The Client appoints Myertal with authority to dispatch security services on behalf of the Client, not limited to their security guards and/or armed response (“Security Resources”), in the event of any person committing or suspected of committing any criminal offence on or around the Premises, not limited to when a camera and/or site goes down, also being deemed a security risk.
4.5 The Client hereby authorises Myertal or its personnel, in accordance with the provisions of Section 42(3) of the Criminal Procedure Act, No 51 of 1977, to arrest any person found committing or suspected of committing any criminal offence on the Premises. The Client hereby indemnifies Myertal, it’s agents, employee’s or any other person for whom Myertal may be liable in law, against any claim against Myertal arising out of any arrest effected on the instruction of the Client, or its employees or agents, of whatsoever nature and however arising.
5. Limitation of Liability
5.1 The Client hereby acknowledges that the Services provided by Myertal are provided as a deterrent to the commission of criminal activity at the Premises and are not intended as a preventative measure in respect of such activity.
5.2 The Client further acknowledges that the Services are not intended to constitute or replace an insurance policy and it is hereby recorded that no warranty of whatsoever nature is provided by Myertal in relation to any goods provided or services rendered by Myertal to the Client. The Client acknowledges and understands that the prices quoted for the Services rendered in terms of the Agreement, do not include any cost of insurance cover in respect of any loss and/or damage of whatsoever nature. The Client hereby warrants that it has procured and will maintain a comprehensive insurance policy in respect of any loss and/or damage which may arise as a result of or in connection with this Agreement or any other business relationship with Myertal.
5.3 The Client acknowledges and agrees that Myertal will not be held liable for any act or omission whatsoever by Myertal, its staff, agents or employees, whether such act or omission is negligent or not and the Client hereby indemnifies Myertal, against any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue or any other damage of whatsoever nature incurred by the Client or any third party, arising from such act or omission or in connection with any contract or relationship (including but not limited to this Agreement) between Myertal and The Client.
5.4 If Myertal is utilizing the Clients existing equipment to provide the Services, it is acknowledged that Myertal cannot guarantee the reliability and effectiveness of the existing equipment supplied by the Client. In this regard, the Parties agree that Myertal shall not be held liable for the performance and any detection deficiencies caused by or due to the failure of CCTV equipment that is not supplied by Myertal.
6.1 The Services provided by Myertal to the Client, shall be provided on a monthly basis for which the Client agrees to effect payment to Myertal monthly in advance, on the first day of each Calendar Month (“the Payment Due Date”) by EFT otherwise by debit order.
6.2 Should the Client fail to effect payment to Myertal on the Payment Due Date, then all the amounts owing by the Client to the Myertal shall become immediately due and payable and Myertal may, without prejudice to any right it may have in law, claim the full amount outstanding from the Client.
6.3 In the event of the Client failing to effect payment of monies due to Myertal in terms of this Agreement Myertal shall in addition to 6.2 above, be entitled to:
6.3.1 charge interest on all amounts not paid by the Client on the Payment Due Date at the rate of 2% (two per cent) above the Prime Rate of interest quoted by the Standard Bank of South Africa (“Interest”); and
6.3.2 remove the Goods from the Premises, in the event that the Goods have not been paid for in full; and
6.3.3 suspend the provision of all further Services pending receipt of payment by the Client;
6.3.4 Any variation or suspension of work for whatever reason, or the variation or suspension of the installation of Goods, or the deferment of Services ordered, whether Rented Hardware or not, shall entitle Myertal to recover from the Client any costs incurred as a direct or indirect result of such suspension or variation.
The prices quoted in the Quotation will be increased yearly in accordance with a standard annual escalation of 10%, unless at any stage of this agreement the annual rate of the Consumer Price Index increase to an annualized level of more than 15% (fifteen percent) per annum, then the parties shall renegotiate the Rate and adjust it to a rate mutually agreed upon by the parties, subject to 30 (thirty) days written notice prior to the increase taking effect.
Licence: We grant you a limited non-exclusive, non-transferable licence to use the Website, subject to your compliance with the Terms. This license may be terminated by us for any reason and at any time without prior notice.
Restrictions: You may not yourself or through a third party use the Website or Services for harmful, unlawful or illegal purposes. You agree not to access or attempt to access any part of the Website or Services by any means other than through the interface provided by us. You may not intercept, monitor, damage or modify any communication of any user of the Website or Services for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Website or the Services. You will not engage in any activity that interferes with, or disrupts, the Website or the servers and networks that host these. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website or the Services. Further, you may not decompile, disassemble or reverse engineer any portion of the Website or Services.
Content: We make no warranties or representations with respect to any content provided on the Website or otherwise in relation to the Services.
Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Website and the Services (“IP”) are owned by us and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, THE SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES IN ANY MANNER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
INDEMNITY AND LIMITATION OF LIABILITY:
IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US FOR ANY REASON WHATSOEVER, WHETHER THE CLAIM OR ACTION ARISES FROM DELICT OR CONTRACT, OR ANY INFRINGEMENT OF WHATSOEVER NATURE, ARISING OUT OF OR PURSUANT TO YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED OR INCURRED BY US OR INSTITUTED AGAINST US AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, AND SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION (OR THREATENED ACTION) AGAINST US.
YOUR USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH.
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
Personal information: We gather the following information about you: (i) Information you give us when you use the Website or Services, including your names, address, contact number, email address, location and related personal information; (ii) information obtained via Cookies; and (iii) information obtained via email, telephone call or other communications with you.
Purpose: We use the information you provide us in order to:
Storage: We store your personal information securely on servers located in South Africa. We may also store your personal information in the European Union and/or the United States of America.
Consent: You hereby consent to our use and storage of your personal information for the purposes indicated above.
Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you by email.
Notice: Any notices shall be sent by you by way of email to firstname.lastname@example.org. You agree that we shall use the email address provided by you as your address to receive all information, notices, documents and legal process. You also agree that electronic communications (including email) shall be considered to be “in writing”.
Termination: We may in our sole discretion terminate or suspend your access to the Website at any time.
Place and time of Agreement: These Terms shall be deemed to have been entered into in Johannesburg at the time of submitting any information or request to us via our Website or telephonically.
Jurisdiction and Choice of Law: These Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
Severability: Notwithstanding that any provisions of these Terms be illegal or unenforceable, the remaining provisions of this agreement shall continue to be of full force and effect.
Whole Agreement: These Terms constitute the entire agreement between us .
Own risk: Your use of the Website and the Services is at your own risk, and we make no warranties about it in any manner whatsoever.
Indemnity: You indemnify and hold us harmless against any liability related to your use of the Website or Services. Our total liability to you for any and all claims related to the Services and your use thereof is capped to a maximum amount of R 100. We will never be responsible for any indirect, special or consequential damages.
Changes: We may change these Terms from time to time. If we do, any changes will be effective immediately and we will take reasonable steps to let you know about any changes, either by a notice on the Website or by sending you an email. If you keep using the Services after a change, that means you accept the new terms.
Transfer: The parties hereby agree that Myertal is entitled to cede any part or all of its obligations and/or rights under this Agreement with 30 days written notice
Electronic Communications: When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name: Myertal Tactical Security (Pty) Ltd
Physical address and address for receipt of service: 25 Commerce Crescent Kramerville Johannesburg
Telephone no.: 0861 488 884
Website address: www.myertal.co.za
Email address: email@example.com
Registration number: 2009/012101/07
Country of incorporation: South Africa
CEO/COO: Cliff Gobetz / Trevor Gardner
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