This is a monitoring and response agreement between Thompsons security Group (Thompsons) and
………………………………………………………………………………………………………………………………. (the Customer).

(This monitoring & Response Agreement is for monitoring the emergency activity of alarm systems installed at the protected premises).

1. Thompsons agrees to monitor a radio transmitter or telephone communicator for the purpose of monitoring the alarm system installed at the physical address in the Installation Schedule. Thompsons shall inform the customer or contact person by means of telephone at the number(s) stated overleaf should the alarm be activated. In addition, Thompsons Armed response or other nominated response service provider and, if required and where this service is provided by them, she S.A. Police Services will be advised. Radio transmitter using our frequencies and/or telephone communications provided for this purpose shall at all times remain the property of Thompsons. The Customer shall not be entitled to remove, relocate or in any way tamper with the transmitter. Within a reasonable period after termination of this agreement, Thompsons shall be entitled to remove the transmitter.

2. Thompsons undertakes to respond to alarm signals at the installation address directed to it by the Customer using the installed alarm system. Where Thompsons deems that the service to the customer may be improved by nominating third party response service providers, the response service may be subcontracted accordingly.

3. This agreement shall commence upon the date of acceptance of his agreement by Thompsons or on the date of receipt of the first monitoring fee, whichever is the latest, and shall continue for a fixed period of forty eight (48) months from that date. Termination shall be effected by either party delivering not less than 30 days’ notice in writing to the other, provided that such notice may only be given so as to take effect on or after the expiry of the aforesaid 48 month period and on the last day of a month. Such notice (and all other notices in terms of this agreement) shall be deemed to have been received on the date it is delivered or sent (if delivered by hand or sent by confirmed facsimile transmission) or 14 days after the date is sent by prepaid registered post.

4. Any breach of contract by either party shall entitle the aggrieved party to cancel this agreement if the breach is not rectified within seven (7) days of the aggrieved party having delivered notice in writing to the other party calling upon it to do so. Such cancellations shall not prejudice the aggrieved party’s rights (if any) to claim damages.

5. It is the responsibility of the Customer to ensure that any changes to the information herein provided are advised to Thompsons in writing not le3ss than 48 hours in advance. The customer agrees to use the system responsibly and to perform regular system testing in the correct format so as to ensure that the alarm system is fully operational and free from false alarms. Please refer to our User Guide and Standard Operating Procedures (which may change from time to time) as well as the alarm system operating manuals.

6. Thompsons shall not be liable for any costs resulting from a delay in rendering or for failure to render any services for any reason whatsoever including, but not limited to circumstances beyond the control of Thompsons or the Customer making or allowing to be made any repair or alteration to any part of the alarm system. It is expressly agreed that equipment and services are provided in terms hereof for the purpose of minimizing, as far as such equipment and service is capable of doing so, the risk of assault, burglary, robbery, or any other applicable cause of loss damage, but not of eliminating such risk. Thompsons shall not be liable in contract or in delict or otherwise for any loss whatsoever nature (including both direct and consequential loss) or injury arising from or caused by the rendering or failure to render any service in terms hereof, including any loss or injury attributable to any wilful or negligent act or omission of Thompsons, its employees or agents.

7. Both Thompsons and the Customer agree to the jurisdiction of the Magistrate’s Court in respect of all proceedings arising out of this agreement, notwithstanding the amount claimed or the nature of the claim, provided that either party may at its option institute action the Supreme Court. In the event of legal proceedings being instituted by either Thompsons or the Customer as a result of breach of this agreement, then the defaulting party shall be liable to pay the other party’s legal costs on the scale as between attorney and client.

8. Equipment supplied by Thompsons, excluding batteries, is guaranteed for twelve months from date of sale against faulty materials and workmanship. After this time, the cost of repairing or replacing any radio transmitter used for monitoring shall be for the account of the Customer provided that any parts used shall be supplied free of charge by Thompsons except where the transmitter has been tampered with in any way by anyone other than Thompsons technician or damaged by electrical surge or lightening.

9. The monitoring and response fee will be reviewed annually by Thompsons or any time where an act of parliament or proclamation has a material effect on the cost to Thompsons or providing the services contemplated in this agreement. The Customer will be advised prior to implementation of proposed charges to the fee structure detailed above. The monitoring and response fee shall be paid in advance by the Customer at the end of each month for the following month by means of a Banker’s Debit Order. With effect from the date of this contract Thompsons is authorised to deduct the amount to the monitoring and response fee, or any other outstanding amounts (as may be varied from time to time) from the following account.

10. The Client will not be entitled to assign, cede or transfer any right or obligation acquired in terms of this agreement in whole or in part to any party on person without that prior written consent of Thompsons; Thompsons may, without notice to the Client delegate, cede or transfer all or any part of its rights, title and interest in and to this agreement and/or ownership of the radio transmitter and antennas, to any party or person.

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