These Terms and Conditions ("Terms") govern the provision of services by United Protection Solutions (Pty) Ltd (CIPC: 2021/608817/07; PSiRA: 3266778), a division of Basepoint Group (Pty) Ltd (collectively referred to as "the Company", "we", "us", or "our"). By engaging our services, requesting a quotation, signing a service agreement, or making any payment to the Company, the client ("you" or "the Client") agrees to be bound by these Terms.
These Terms must be read together with any written quotation, service level agreement, or contract issued by the Company. In the event of any conflict, the specific written agreement shall take precedence, followed by these Terms.
1. Quotations and Pricing
All quotations provided by the Company are based on information available at the time of quoting. The final amount due is subject to the actual work and services rendered, which may differ from the initial quote due to changes in scope, site conditions, client requirements, or other unforeseen circumstances.
- Quotations are valid for 7 (seven) calendar days from the date of issue, unless otherwise stated in writing.
- The Company reserves the right to revise a quotation if the Client provides additional or amended information after the quotation has been issued.
- Any verbal agreement, instruction, or amendment to a quoted scope of work must be confirmed in writing to be binding on the Company.
- Prices quoted are exclusive of Value Added Tax (VAT) unless explicitly stated otherwise. VAT will be added at the applicable rate as prescribed by the Value-Added Tax Act 89 of 1991.
- The Company reserves the right to adjust pricing in accordance with changes to the National Minimum Wage, applicable sectoral determinations, or PSiRA regulatory requirements, with reasonable written notice to the Client.
2. Payment Terms
Unless otherwise agreed in writing, all invoices are due and payable on receipt of invoice.
- Payment must be made by electronic funds transfer (EFT) to the Company's nominated bank account, details of which will appear on the invoice.
- The Company does not accept cash payments unless expressly agreed in writing.
- Proof of payment must be sent to the Company's accounts contact upon payment being made.
- The Company reserves the right to suspend or withdraw services where payment is outstanding, without prejudice to any other rights or remedies available.
Late Payment Fee: A late payment fee of R850.00 (Eight Hundred and Fifty Rand) per week, or part thereof, will be charged on any outstanding balance that remains unpaid after the due date. This fee is in addition to any other amounts owed and accrues from the first day after the due date until the outstanding balance is paid in full.
3. Deposits and Retainers
Where a deposit or retainer is required prior to the commencement of services, this will be stipulated in the quotation or service agreement.
Non-Refundable Deposits: All deposits and retainers paid to the Company are strictly non-refundable, unless the Company fails to render the agreed services due to reasons solely within the Company's control. Cancellation by the Client, for any reason, will result in forfeiture of the deposit or retainer paid.
- The deposit secures the Company's resources, personnel, and planning capacity for the Client's project or event and is consumed upon confirmation of the booking.
- Where a cancellation occurs after additional costs have been incurred by the Company on behalf of the Client, the Client remains liable for those costs in addition to the forfeited deposit.
4. Public Holiday Surcharge
Public Holiday Surcharge: A surcharge of R850.00 (Eight Hundred and Fifty Rand) per staff member will apply for any work performed on a South African public holiday as defined under the Public Holidays Act 36 of 1994. This surcharge is in addition to the standard rate and will be reflected on the relevant invoice.
- Clients requiring services on public holidays must confirm this in writing as early as possible to ensure adequate staffing.
- Where a public holiday falls within an ongoing contract, the surcharge will be applied automatically for each staff member deployed on that day.
5. Welfare and Facilities Requirements
In compliance with the Occupational Health and Safety Act 85 of 1993, the Company is obligated to ensure that all deployed personnel have access to adequate welfare facilities at every worksite.
Shelter and Ablution Facilities: All clients are required to provide adequate shelter from the elements and access to ablution facilities (toilets and hand-washing) for all Company personnel deployed on their premises or at their event. Where such facilities are not available, the Company will arrange suitable alternatives at an additional cost to the Client, quoted for separately.
- The Client must advise the Company at the time of quoting whether suitable facilities will be available on site.
- Failure to provide adequate facilities without prior arrangement may result in additional charges or withdrawal of personnel until appropriate conditions are met.
- For multi-day deployments, the Client is responsible for ensuring facilities remain available and functional throughout the deployment.
6. Lead Times and Scheduling
The provision of certain services is subject to staff availability, training requirements, and PSiRA compliance verification. Lead times may apply and will be communicated to the Client as early as possible.
- The Company will use reasonable endeavours to accommodate urgent requests but cannot guarantee availability on short notice.
- Bookings are only confirmed once a written confirmation is issued by the Company and any required deposit has been received.
- The Company reserves the right to decline a booking where insufficient lead time is provided to ensure the safe and compliant deployment of personnel.
- For recurring or contract-based services, any changes to scheduling must be communicated with a minimum of 48 (forty-eight) hours' notice, unless otherwise agreed in writing.
7. Cancellation and Amendment
- Cancellations must be submitted in writing. Verbal cancellations will not be accepted.
- Where a booking is cancelled within 72 (seventy-two) hours of the scheduled commencement of services, the full quoted amount may be charged, in addition to any deposit already forfeited.
- Where a booking is cancelled between 72 hours and 7 days before commencement, a cancellation fee of 50% of the quoted amount will apply, in addition to forfeiture of the deposit.
- Where a booking is cancelled more than 7 days before commencement, the deposit will be forfeited and no further cancellation fee will apply, unless costs have already been incurred on the Client's behalf.
- Amendments to confirmed bookings are subject to availability and must be agreed in writing by both parties.
8. Scope of Services and Client Obligations
- The Client must provide accurate and complete information regarding the site, event, or requirements at the time of quoting and prior to commencement of services.
- Any material change to the scope of work after a quotation has been accepted may result in a revised quotation and additional charges.
- The Client is responsible for ensuring that the Company's personnel have safe and unobstructed access to the site at all times during deployment.
- The Client must comply with all applicable laws and regulations, including health and safety legislation, municipal by-laws, and any event permitting requirements.
- The Company's personnel operate under the direction of the Company's management. Clients may not instruct personnel to perform tasks outside the agreed scope of work or in contravention of PSiRA regulations or the law.
9. PSiRA Compliance
The Company is registered with the Private Security Industry Regulatory Authority (PSiRA), Reg No: 3266778. All security personnel deployed by the Company are individually PSiRA accredited as required by the Private Security Industry Regulation Act 56 of 2001.
- The Company will not deploy non-accredited personnel in any security capacity.
- The Client must not instruct or allow Company security personnel to perform duties that would constitute a contravention of PSiRA legislation.
10. Liability and Indemnity
- The Company's liability is limited to the value of the services rendered under the relevant agreement. The Company shall not be liable for any indirect, consequential, or special loss or damage of any nature.
- The Company shall not be liable for loss arising from the Client's failure to comply with these Terms, including failure to provide adequate facilities or inaccurate site information.
- The Client indemnifies and holds the Company harmless against any claim, loss, or damage arising from the Client's acts or omissions.
- Nothing in these Terms shall limit the Company's liability for death or personal injury caused by the Company's gross negligence or wilful misconduct.
- Force majeure events beyond the Company's reasonable control will excuse performance obligations to the extent necessitated by such events.
11. Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with the services, and not to disclose such information to any third party without prior written consent, except as required by law.
12. Intellectual Property
All reports, security plans, risk assessments, and other materials produced by the Company remain the Company's intellectual property until all outstanding amounts are paid in full, at which point ownership transfers to the Client unless otherwise agreed in writing.
13. Dispute Resolution
In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiation. Should negotiation fail within 20 (twenty) business days, the dispute shall be referred to mediation before either party commences legal proceedings, unless urgent interdict relief is sought.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Western Cape Division of the High Court of South Africa, or the appropriate Magistrate's Court, for resolution of any disputes.
15. Consumer Protection Act Notice
To the extent that the Consumer Protection Act 68 of 2008 applies, nothing in these Terms is intended to limit or waive any right conferred on the Client by the CPA. Any provision inconsistent with the CPA shall be read subject to the CPA to the extent of such inconsistency.
16. Amendments, Severability and Entire Agreement
- The Company reserves the right to amend these Terms at any time. Amended Terms will be published on our website and apply to all new agreements entered into after publication.
- If any provision of these Terms is found invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force.
- These Terms, together with any written quotation or service agreement, constitute the entire agreement between the parties regarding the subject matter hereof.
17. Contact for Legal Queries
For any queries regarding these Terms and Conditions, please contact us at:
United Protection Solutions (Pty) Ltd
Pama House, 299 Main Road, Tokai, Cape Town, Western Cape
Email:
info@unitedprotection.co.za
Tel: +27 15 151 0911