Terms and Conditions (PDF Version)
Between you (‘the customer/client’) and My Spy Security CC
1.1 The installed system (CCTV or any security system) is designed to reduce the risk of loss or damage to your premises so far as this can be done by the use of this type of equipment. However, we do not guarantee that the system cannot be removed, tampered with or made to stop working by you or any unauthorised person. Should this happen, My Spy Security CC or any of our staff members are not responsible for any losses you may suffer directly or indirectly.
2.1 A deposit of 50% of the agreed cost as quoted will be required when the order for installation is placed.
2.2 The remaining balance is payable immediately upon completion of the work by our service technicians.
2.3 In the quotation all estimates are valid for a period of 30 days – otherwise prices are subject to those ruling on date of delivery. All estimates are based on normal working hours. Prices quoted do not include re-decoration or re-painting or any other work other than that stated within the sales agreement.
2.4 If payment is not made within 7 days of the due date, the customer irrevocably authorizes My Spy Security CC to enter its premises and agrees that My Spy Security CC is entitled to take possession of the part or parts without any liability to the customer.
2.5 We expect the customer to pay due promptly. If payment to us is overdue, we will charge you interest at 8 % monthly with a maximum of 20 % per annum. From the date of our invoice until the date you pay PLUS a handling fee of N$1000,-. Should you refuse to pay the money plus any interest and late payment fee due to us, we will transfer the payment collection to a debt recovery agent or solicitor. The additional costs of the debt collection and any legal and court fees will also apply. Or as mentioned in point 5.1 of our Terms and conditions.
2.6 Every effort is made to ensure that pricing is correct at the time of printing; however prices are subject to change without notice.
2.7 Orders should be confirmed at least 7 working days before date of installation.
2.8 Payment is in cash or per bank transfer accepted
2.9 Our payment due date is clearly marked in the top right area of your invoice.
3.1. Prices exclude travel expenses. We calculate travel expenses at N$ 5.90 per KM for areas that are beyond Windhoek's permanent roadblocks. Accommodation will be the responsibility of our client. Travel expenses and accommodation will be invoiced accordingly.
3.2 All mounting poles and platforms will be supplied by client.
3.3 If any additional costs are generated through third party IT companies in order to integrate our system to the client’s special conditions, all costs will be covered by the client.
3.4 My Spy Security CC will not be responsible if inaccessible cabling routes lead to further costs
3.5 The customer shall be responsible for any charges raised by the police, fire authority, network provider or any other third party involved in providing support services to the subscriber resulting from the security system.
3.6 All quotes are valid for a period of 30 days.
3.7Cabling routes and housing will be supplied by the client unless quoted differently.
3.8 The customer shall make the premises available and in such form as to allow My Spy Security CC to commence security system installation by the date specified in the offer. The customer agrees to ensure that the premises must at all times be a safe working environment and (without limitation) will not contain asbestos or other hazards. This Agreement is based upon My Spy Security CC having free and uninterrupted access to the premises at all times, and on the security system being capable of being installed in a continuous sequence.
Should restricted access force My Spy Security CC to cease or suspend work and/or leave the premises and return to premises at a later time, the reasonable costs of doing so may be added by My Spy Security CC to the Fees.
3.9 The quoted costs may be revised if:
(a) You require the work to be carried out more urgently than agreed.
(b) You change the specification.
(c) Your premises are in some way unsuitable for the equipment and this was not apparent during the course of the telephone/e-mail conversation or physical site inspection or there are circumstances which we should have been made aware of.
(d) Any other special circumstances that arise and we were not made aware of in writing when supplying our original quotation arose. This includes:
1. Re-visits of the installer/technicians/engineer for reconfiguration of the system.
2. Remote viewing, where the customer is responsible for the availability of a broadband internet service, a router that provides the ‘PORT-FORWARDING’ function and a public (static) IP address.
3. The installation work is outside the working hours of 8.00am – 5.00pm Monday - Friday, except statutory holidays. Requests made by the customer to install outside these working hours will incur additional charges.
4. Engineers are asked to work outside standard practices of installations, unless stated on the works schedule or we were made aware in writing when supplying our original quotation. Installations should be carried out in easily accessible areas without the need for additional labour work. This includes:
- Underground cabling
- Building work
- Removal of floor boards, carpet lifting/laying
- Erecting poles
- Steel trunking/capping
- Exceptionally high ceilings
- Drilling through walls thicker than 300mm
The above will incur additional charges as agreed by the company representatives if required.
NOTE ~ additional charges may be made if our engineers/technicians/installers are not provided with access to doors, shutters, windows, or any other areas where cables and equipment needs to be installed thereby incurring extra cable length.
4.1 The company (My Spy Security CC) will endeavour to deliver and/or complete security systems as soon after receipt of an order as possible but cannot accept any responsibility or liability whatsoever for any claim arising in connection with any delay in delivery or completion howsoever caused.
4.2 You agree to give us and our workers full access to your premises to survey, measure, install, test, photograph and service the equipment. You also agree to provide an adequate electricity supply for the equipment to operate correctly. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an additional charge. We are not liable if completion is delayed due to circumstances beyond our control. By signing the contract with us, you guarantee that you have full authority to allow the installation and no other consent is needed
4.3 The Customer acknowledges and agrees that all cutting of ways, excavation, cable trenching, provision of 220 Volt mains power connections, cable installation, alterations to existing equipment, interfacing with fire, heat or detection systems and lifting equipment required to work at heights are not included in the security system Installation unless specified in the offer.
4.4 The customer shall provide adequate facilities at the premises at no cost to My Spy Security CC, where required and not otherwise stated, these shall include parking facilities, premises power, premises lighting, lifting and handling equipment, ladders, scaffolding, scissor lifts, elevated work platforms, and rubbish removal skips.
4.5 My Spy Security CC does not do building alterations, structural changes or re-touching of paint work.
4.6 Every effort is made to ensure that installations are made in a aesthetic way; however My Spy Security CC does not accept responsibility for aesthetic alterations resulting from the laying of cabling points or any other work. Any such alterations are to be the responsibility of the client. MY SPY accepts responsibility for the technical functioning of such points, not the aesthetic appearance thereof. Furthermore My Spy Security CC requires the full co-operation of our 'clients’ technical and maintenance personnel during installations.
4.7 Cabling routes and housing will be supplied by the client.
5.1 The equipment installed belongs to My Spy Security CC until the work is complete and paid for in full by you. If you do not pay the balance of the installation charge immediately upon completion of the work by our service engineer, we have the right to remove the equipment from your premises without notice. By signing the contract with us, you irrevocably authorise us to enter your premises to remove the equipment if payment remains outstanding.
5.2 If you cancel our contract less than a week (7 calendar days) before the scheduled installation date, we will retain your deposit and we may charge you for any equipment that we have bought for your premises and make a reasonable charge for damages for breach of contract. However, a general cancellation fee of a minimum of N$2500.00 or 7% of the contracted amount, whichever is the greater, shall be charged.
5.3 To ensure consistency of installation, quality and service our engineers may perform pre and post installation checks on the equipment and will photograph completed installations (These photos can be used for marketing).
5.4 We will provide training on completion of installation if needed or requested.
5.5 Hardware specifications are subject to change without notice but will always be of equal or higher specifications.
6.1 The customer must notify us immediately of a fault occurring with the provided products such as a cctv system and we will repair such fault as soon as possible after receiving notification. My Spy Security cc cannot be held reliable for any kind of missing footage.
6.2 We guarantee that we will repair faults in the installed system free of charge within 12 months from the installation date. This guarantee does not apply to matters stated in condition 6.3.
6.3 The guarantee does not apply if we believe or have reason to suspect that changes have been made to a system/products supplied by our company or to faults caused by the following:
(a) Incorrect adjustment or positioning by you or others of any part of the system.
(b) Consumable items of all kinds failing. Consumables are items with a finite life such as lamps and batteries.
(c) Work carried out by police, fire or other authorities, or by any telecommunication agency or other party
6.4 My Spy Security CC will not be responsible for any kind of damage caused to the system or cabling by fire, water, animals or any other kind of damage that is caused
6.5 All hardware is under guarantee for a period of 12 months after the date of invoice. This guarantee is subject to the following:
(a) A dedicated supply of 220 Volt by the 'client' at all locations where the equipment is to be installed.
(b)The reasonable handling and use of equipment.
(c) Only staff trained by My Spy Security CC should be allowed to use and handle CCTV or monitoring equipment.
7. REMOTE VIEWING & IT ISSUES
7.1 If we are unable to configure the remote viewing on the day of the scheduled installation due to IT technical issues, ISP unavailability or lack of details such as Router IP address, user name and password then further charges will apply to remotely configure or revisit to complete the set up.
The company (My Spy Security CC) cannot be held liable for client IT issues such as change of router, failed connection, change of internet service provider, re-set of router, new mobile phone, and loss of settings on the router or a new operating system. 7.2My Spy Security CC will not be responsible for any disruption of a network, software or equipment of the
customer caused by the impact of the interface, integration or addition of the security system supplied by My Spy Security CC.
7.3 My Spy Security cc does not guarantee that cell phone view or remote monitoring can be activated, this remains the responsibility of the client. (however, the My Spy team will do its best to configure remote monitoring. Remote monitoring via internet depends on several factors such as: the customers ISP, the internet speed, the router or switch etc.)
8.1 The company (My Spy Security CC) shall not be liable for the costs of any work, repairs or replacement of equipment which results from fire, electrical power surge, storm, flood, animals, accident, neglect, misuse or malicious damage.
8.2 The company (My Spy Security CC) does not warrant or represent that that the operation of the installation will be uninterrupted or error free. We provide the system to assist in the security of the customer’s premises but does not thereby warrant the security of the property, the customer or the contents therein.
8.3 The company (My Spy Security CC) does not act and shall not be deemed to act as an insurer of the customer’s property or contents contained therein and give no warranty that by virtue of the installation of the system, the property or contents contained therein are completely secure or inviolable.
8.4 The company (My Spy Security CC) shall have no liability in contract for any loss suffered and in particular, we do not accept any liability whatsoever for any consequential loss or damage (including loss of earnings or profits) which may arise from any malfunction or defect of the system.
8.5 My Spy Security CC will not be responsible for problems caused by pre-existing cabling and/or pre-installed equipment.
8.6 My Spy Security CC will not be responsible for any transport costs on warranty claims
8.7 My Spy Security CC will not be responsible should the client alter or utilize the system for any other purpose than a DVR/NVR setup configured by My Spy Security CC.
8.8 No responsibility will be taken by My Spy Security CC for system malfunction if the system is altered in any way by any person not authorized, in writing by My Spy Security CC to do so.
8.9 Neither My Spy Security CC nor its employees will be liable for any damage or losses
incurred by the client due to use of software and/or hardware.
8.10 The DVR/NVR camera system has to be powered through a UPS due to the fluctuating power levels. Failure to do so voids the warranties on electric equipment. This remains the client’s responsibility unless My Spy Security CC is specifically instructed (at additional cost) to link and supply a UPS system. All DVR/NVR systems must be coupled with a line interactive UPS system (600 VA or more) to avoid warranty issues regarding future claims.
8.11 The customer agrees to accept responsibility for all damages or injuries caused by installed or sold products no matter if paid in full or payment due.
8.12 My Spy Security CC is not liable for any fire or water damage caused by electrical equipment or installations.
8.13 My Spy Security CC and our staff Is not responsible for damages caused to the customer's premises during installations (This includes broken ceilings).
9. FORCE MAJEURE
My Spy Security CC shall not be liable to the customer or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any obligations in relation to the equipment, provided that the delay or failure was due to any cause beyond reasonable control of My Spy Security CC. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control My Spy Security CC: Act of God, explosion, flood, tempest, fire, accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of My Spy Security CC or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
My Spy Security CC Terms and Conditions edited and released on 01.09.2014
Joshua Farrell - My Spy Security cc