Terms and Conditions of Service

Maximum Security Solutions (PTY) Ltd

1. Introduction
   These Terms and Conditions govern the provision of services by Maximum Security Solutions (PTY) Ltd ("the Company") to its clients ("the Client"). By engaging the Company for its services, the Client agrees to be bound by these Terms and Conditions. It is imperative that the Client reads and understands these terms thoroughly, as they outline the rights, responsibilities, and limitations of both parties.

2. Scope of Services
   The Company agrees to provide security services as outlined in the service agreement signed by the Client. Services may include, but are not limited to:

   • Security monitoring
   • Armed response
   • Security system installation and maintenance
   • Guarding
   • Escorting

   The specific nature and scope of the services provided will be detailed in the individual service agreement with each Client. The Company reserves the right to modify or discontinue any service at its sole discretion, with reasonable notice provided to the Client where applicable.

3. Client Responsibilities and Obligations
   3.1. The Client agrees to provide accurate and complete information to the Company to facilitate the provision of services. Any changes in the Client’s circumstances or requirements must be communicated to the Company in a timely manner.
   3.2. The Client must ensure that their premises and any equipment provided by the Company are adequately maintained and secure. The Client is responsible for any damage to Company-provided equipment resulting from misuse, negligence, or failure to maintain proper environmental conditions.
   3.3. The Client must comply with all local, state, and federal laws and regulations while using the services provided by the Company.

4. Payment Terms
   4.1. The Client agrees to pay for services rendered according to the rates and schedules detailed in the service agreement.
   4.2. Payments are due on the date of the invoice unless otherwise specified in the service agreement.
   4.3. Interest will be charged at 3% per month on all outstanding balances. By agreeing to these Terms and Conditions, the Client acknowledges and consents to this interest rate in compliance with applicable government regulations.
   4.4. Should the Client fail to pay any invoice by the due date, the Company reserves the right to suspend all services until full payment, including any accrued interest and fees, is received.
   4.5. In the event of persistent non-payment, the Company reserves the right to terminate the service agreement and seek legal recourse to recover outstanding debts, including all associated legal fees and costs.

5. Rental Equipment Terms
   5.1. Rental Period: The Renter shall have the right to use the equipment for a minimum rental period of 3 years, commencing from the delivery date of the equipment.
   5.2. Rental Fees: The Renter shall pay rental fees as specified in the rental agreement in advance. All rental fees are non-refundable.
   5.3. Maintenance and Repairs: The Company is responsible for the maintenance and repair of rented equipment unless the damage is caused by the Renter’s misuse or neglect. The Renter is responsible for any repair costs due to misuse, negligence, or intentional damage.
   5.4. Liability: The Company shall not be liable for any damages or losses arising out of the use of the equipment by the Renter. The Renter agrees to indemnify and hold the Company harmless from any and all claims, damages, liabilities, and expenses arising out of their use of the equipment.
   5.5. Termination: Either party may terminate the rental agreement upon 90 days written notice if the other party breaches any term or condition of this Agreement. Termination penalties may apply if the termination date is before the minimum 3-year rental period.
   5.6. Penalties: Penalties for cancellation after the first year will be equivalent to 3 months’ rental fees or R5,000, whichever is greater. For cancellations before the 2-year mark, the penalty will be 3 months’ rental fees.
   5.7. Reservation of Ownership: All rented equipment remains the sole property of Maximum Security Solutions unless purchased and paid for in full by the Renter.

6. Non-payment and Late Payment
   6.1. Failure to make payment on the invoice date will result in a late payment fee, as detailed in the service agreement. Interest will apply to overdue amounts at a rate of 3% per month, in accordance with these Terms and Conditions and government law.
   6.2. In cases of non-payment exceeding 60 days, the Company reserves the right to suspend services until the outstanding balance, including any applicable interest, is settled.
   6.3. The Client acknowledges that any delay or failure to make payment could result in the cessation of services, and the Company shall not be held liable for any losses incurred by the Client due to such suspension or termination.

7. Service Suspension and Reinstatement
   7.1. The Company reserves the right to suspend services without prior notice if the Client fails to pay for the services provided in accordance with the payment terms outlined in the service agreement.
   7.2. Suspension of services does not relieve the Client of the obligation to pay any outstanding balances.
   7.3. Services will be reinstated once the Client has paid all outstanding balances, including any late payment fees, interest, and the costs associated with reinstating the service. The Company may require a security deposit or payment in advance for future services following reinstatement.

8. Limitation of Liability and Indemnification
   8.1. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, loss of business, or loss of data, arising out of or in connection with the use of the services provided.
   8.2. The Client agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the Client’s use of the services, breach of these Terms and Conditions, or violation of any law or the rights of any third party.

9. Digital Signatures and Electronic Communications
   9.1. The Company utilizes digital signatures for all agreements and documents, facilitated through an application created with Zoho Creator. By agreeing to these Terms and Conditions, the Client consents to the use of digital signatures and acknowledges their legal validity and enforceability under applicable laws.
   9.2. The Client agrees that digital signatures are legally binding and shall have the same force and effect as a handwritten signature.
   9.3. The Client will receive an electronic copy of these Terms and Conditions via email upon signing. The Client is responsible for reviewing and retaining a copy of all electronically signed documents.

10. Force Majeure
    10.1. The Company shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, or government regulations.

11. Dispute Resolution
    11.1. In the event of any dispute arising out of or relating to these Terms and Conditions, the parties agree to attempt to resolve the dispute through good-faith negotiations.
    11.2. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration under the rules of the jurisdiction in which the Company operates. The decision of the arbitrator shall be final and binding on both parties.

12. Governing Law and Jurisdiction
    12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company operates.
    12.2. The parties irrevocably submit to the exclusive jurisdiction of the courts located in the Company's operating jurisdiction for any legal action or proceeding arising out of or relating to these Terms and Conditions.

13. Amendments and Modifications
    13.1. The Company reserves the right to amend or modify these Terms and Conditions at any time. Any amendments or modifications will be effective immediately upon posting on the Company's website or notification to the Client.
    13.2. The Client’s continued use of the Company’s services after any such amendments or modifications shall constitute acceptance of the revised Terms and Conditions.

14. Severability
    14.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement
    15.1. These Terms and Conditions, together with the service agreement, constitute the entire agreement between the Company and the Client regarding the services provided and supersede all prior agreements, understandings, representations, or warranties, whether oral or written, relating to the subject matter hereof.

16. Acceptance of Terms
    16.1. By engaging the services of the Company and signing digitally, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions, including the provisions for interest on overdue payments and the limitation of liability as per applicable laws.