Acceptance and use of any of our staff and/or services is deemed full acceptance of payment terms and conditions, whether any documents have been signed or not.
Interpretation
“Contractor” shall mean Evsol EventSafe Specialized Services, registration number 2012/226620/07.
"Client" shall mean the entity or person's name appearing on the estimate.
Cost Estimates
Cost estimates depend on staff availability
Start and finish times are used as a guideline for providing an estimate
Hours reflected are for a post and do not reflect working hours
Full amount due prior to first deployment day, unless otherwise agreed upon
Acceptance of any of our staff and/or services is deemed full acceptance of payment terms and conditions, whether or not the cost estimate is signed.
Terms and conditions to prevail
The terms and conditions contained in the estimate and herein, shall constitute the sole terms of the agreement between the Contractor and the Client.
No amendment or consensual cancellation of the agreement, extension of time, waiver or relaxation or suspension of any of the provisions or terms of the agreement shall be binding on the parties unless recorded in writing and signed by an authorized representative of the Contractor and the client.
Acceptance of any of our staff and/or services is deemed full acceptance of payment terms and conditions, whether or not the client signs off an estimate.
Payment
Accounts are due and payable as prescribed in the estimate and if not so prescribed, on presentation of invoice.
It is understood that the estimate price can vary, depending on final number of staff utilized and hours worked.
The number of staff is to be finalized one week before the event. A 12- hour period is required for cancellation of staff during the event; however, staff can be cancelled on the day, provided they have worked for a minimum of eight hours.
Payments are payable by the Client to the Contractor in South African currency, without deduction or set-off and free of any exchange.
The client shall pay interest on all overdue amounts at a rate of 15% PA, with a minimum charge or R500.00.
Full and final payment will be required no later than seven (7) calendar days from final invoice date, unless otherwise specified.
Warranties and Indemnities
No warranties, guaranties or representations, express or implied or tacit whether by law, contract or otherwise or whether they are induced by contract or not, which are not set forth in this agreement, shall be binding on the Contractor, the client irrevocably waiving any right the client may have to rely thereon.
The parties agree that the Contractor shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, any of the equipment and services save where occasioned by the Contractor’s negligence (gross or otherwise) or any act or omission on its part. For the purposes hereof, any reference to the Contractor shall include its servants, agents or contractors or any other person for whose acts or omissions the Contractor may be liable in law.
The client shall have no claim of any nature whatsoever whether for damages or omission of the contract price, cancellation or otherwise, against the Contractor, its servants, agents or others on whose behalf the Contractor will be liable, in respect of any loss or damage sustained by the client of any nature whatsoever or any damage caused to the assets of the client or assets kept on its premises by any third parties or in regard to the client's business or sustained by any of its clients, save where caused by the negligence (gross or otherwise), act or omission of the Contractor, its servants, agents or others from whom it may be liable in law.
Addresses and notices
The street address supplied by the client on the estimate and order is the client's chosen address where notices may be given and documents and legal proceedings may be served.
Client must notify the Contractor in writing immediately if their chosen address changes.
Any notice to the Contractor will addressed to its Administrative Office , as reflected on the Contact tab of www.eventsolutions.co.za.
Legal Proceedings/Costs
In the event of the Contractor instructing its attorneys to take any action against the client for any reason, the client shall be liable for and pay all legal costs incurred by the Contractor on the attorney and own client scale including collection, commission, tracing agents, storage and removal charges.
The client submits to the Jurisdiction of the High Court of South Africa in any dispute however the company might bring any action or application in any Magistrate's Court notwithstanding the amount of the claim may exceed the jurisdiction of the Magistrate's Court.
The client shall be liable for all costs incurred by the Contractor in the recovery of any amounts, or the enforcement of any rights that it has hereunder.
Client consents that the Contractor may sue in a Magistrate's Court, even if its claim against the client exceeds the jurisdiction of the Magistrate's Court.
Breach and Cancellation
Should the client fail, refuse or neglect to make payment of any amounts due and payable in terms of the estimate, the Contractor shall be entitled in addition to any other rights or remedies it might have in law, to: -
Immediately cancel the Agreement on written notice;
Institute an action for damages;
If the client cancels this agreement, for any reason whatsoever, more than seven calendar days before booked date, the deposit (if any) will be forfeit to the Contractor. Should no deposit have been paid, a cancellation fee at the rate of 20% of the cost of the estimate will be payable;
f the client cancels this agreement, for any reason whatsoever less than seven calendar days before the booked date, the deposit (if any) will be forfeited to the Contractor and the balance of the contract price as listed on the estimate shall become due and payable by the client.
If the client, for any reason whatsoever, cancels this agreement during the event, the deposit (if any) will be forfeited to the Contractor and the balance of the contract price, as listed on the estimate shall become due and payable by the client.
General
South African law governs these terms and conditions.
The client consents to the Contractor making enquiries about the client's credit record with any credit reference agency and any other party to confirm the details relevant to this Agreement. The Contractor may also provide credit reference agencies with regular updates regarding how the client manages accounts, including failure to meet agreed terms and conditions.
The client shall give the Contractor reasonable notification of any deviations by employees from agreed-upon performance standards and procedures, any acts of misconduct, or any change to operational requirements, and the client hereby agrees that he/she will not act in the capacity of employer; specifically he/she will not dismiss the Contractor’s employees.
The client agrees and undertakes that during the period of an assignment , and without the consent of the contractor, approach any of the contractor's temporary or permanent staff (referred to as staff) to work directly for the client or the client's associated, subsidiary, or holding companies. In the instance where a client employs the contractor’s staff directly or through the client's associated, subsidiary or holding companies, a placement fee equivalent to 12.5% of the annual salary of said staff will be payable to the contractor. This fee is not payable should the client approach a staff member six months after the last assignment the client retained the contractor’s services, but will apply should the client retain the services of the staff for an annual event.
Special Provisions/Conditions
Any cause for complaint must be reported to the Contractor when it arises; complaints will not be considered in retrospect.
No cash or valuables (unless this forms part of their assigned duties/job description) will be handed over to the Contractor’s staff and the client will not deduct amounts owed by our staff from our charges.
All Personnel, both the Contractor’s and those of the client, who it is suspected may have an involvement in a loss, may be subjected to polygraph tests and the results thereof will be treated as prima facie evidence of their involvement, or otherwise, in the loss.
No keys, except those necessary for the purposes of the Services, should be available to the Contractor’s personnel.
The object and function of the security services and security personnel to be provided by the Contractor is to minimize the risk of loss/damage/injury by theft, burglary, vandalism (malicious damage to property), and other related acts of dishonesty, and the Contractor furnishes no warranty or guarantee that it or its security personnel will be able to minimize or prevent any such loss or damage, or that same will be minimised or prevented as a result of the Client relying, or acting upon any technical or other advice given.
In the instance where security services are provided, The Client hereby furnishes the Contractor and its personnel with authority in terms of section 42(3) of the Criminal Procedure Act No. 51 of 1977, to arrest any person found committing an offence on or in respect of the Client’s premises or any part thereof.
The Client irrevocably indemnifies the Contractor, its Directors, agents, employees and/or other persons related to the Contractor, against any claim or loss of whatsoever nature, which may be instituted against any one or more or all of them, and which claim arises out of or in connection with any search conducted or arrest effected pursuant to the provisions of clause 40 above, provided that such search or arrest has been done procedurally correctly and in terms of the laws of the Republic of South Africa.
It is recorded and agreed by the parties that the security service provided in terms of this Agreement is not intended as an alternative or supplement to any insurance to the benefit of the Client and the Client undertakes to sufficiently insure itself against any injury, loss or damage which may be sustained
The Contractor undertakes that it will use its best endeavours, and take reasonable precautions as far as possible, with the objective of minimising risk of injury, loss or damage, it being expressly agreed that the Contractor affords the Client no warranties or guarantees that it will be able to minimize or prevent any such injury, loss or damage, howsoever caused or arising.
The Contractor shall not be liable to the Client or any third party for any loss or damage of whatsoever nature and howsoever caused, whether direct or consequential, save where such loss or damage is caused by the contractor or is proved to be as a result of negligence on the part of the Contractor or any of its personnel acting within the course and scope of their employment with the Contractor.