![Terms-and-Conditions-[Converted] Terms-and-Conditions-[Converted]](https://asksecurity.co.za/sitepad-data/uploads/2023/11/Terms-and-Conditions-Converted.png)
We value you as a customers, we want you to know that we have made updates to our Terms and Conditions with in all our companies: ASK Security; ASK Internet Technologies; and Immenhof Management Services ta ASK Security and Internet. The updates are regarding our new cancellation policies, we encourage you to review all of the updated terms that apply to you. "COMPANY" will stop providing the Services forthwith and "COMPANY" shall be entitled to disconnect and remove the Basic System if it is indicated that it is Rented. In the case of any business, the fixed term agreement falls outside the scope of the Consumer Protection Act. Fixed term agreements with individuals are regulate as per the Consumer Protection Act and as such, the client has the right to cancel the agreement by giving "COMPANY" notice of cancellation in writing 20 business days to end the agreement. Notwithstanding the above "COMPANY" has the right under the CPA to charge a reasonable cancellation fee. "COMPANY" reserves the right to impose a cancelation penalty to the value of 3 calendar month's subscription of the contract of the individual service. In addition to the above, "COMPANY" will invoice to the client any equipment that was delivered to the client and not charged for, in enabling the service to the client. These may include but is not limited to: RF radios for receiving alarm signals; GSM radios for receiving alarm signals; Internet dishes; Routers. Where any subsidy (discount) was applied on any said equipment to the provision the service under this agreement, the difference between the retail value and the amount paid by the client is also payable. As per the CPA "COMPANY" may not refuse the cancellation of the agreement but the fair and reasonable penalties may be charged, and the client remains fully liable for full payment of the penalty applied as well as any accumulated debt as at date of cancellation. "COMPANY" has the full right to take any legal steps to collect any monies due by the client, the cost of which will be charged back to the client. Update to original article sent on the 27th of November 2023: We have been asked by clients to explain the reason for the updated terms and conditions notification sent out. Also, to whom does this apply. For additional clarification, let’s explain: As per legal requirements, our terms and conditions of our service offerings are published publicly on our website for clients to see. As any laws change that affects our service or any of our contracts, we must update these terms and conditions to ensure we comply with legislation. We are also obliged to advise our clients of these changes and to direct your attention to the published terms and conditions. The latest update relates to how the Consumer Protection Act (CPA) affects cancellations of fixed term agreements. The latest update done to the terms and conditions relates only to the cancellation of Fixed term agreements and the cancellation process of these agreements. Clients who have an expired agreement of who has a month to month service are not affected by this at all. Month-to-month agreements require a one calendar month cancellation notice in writing only. The amended terms and conditions stipulates both the rights of both the client and ASK as a company in the case of a client wanting to cancel a Fixed Term Agreement. To better explain the principle, let’s create a scenario: A new person moves to Hangklip-Kleinmond and engages with ASK to provide an Internet service. Since the person had some moving expenses they ask for a discounted price on installation but signs a 24 month Fixed Term Agreement. ASK has invested money in the contract in exchange for long term income but in 6 months the person decides to leave the area again. According to the CPA the client may give us ASK 20 business days’ notice (more or less a month). Even though the contract is terminated early ASK has no choice but to accept the termination but has the right to impose a penalty. Since ASK had reasonable expectations of a fixed income for 24 months and have provided discount on the day of installation the following may apply: ASK may invoice the client for the amount not charged upfront. ASK may invoice the client for 3 time the monthly contract fee. Should the client refuse to pay these fees, ASK may still not refuse the client’s termination of the contract but can take any action (legal) to receive payment in lieu of the cancellation fees. It must be re-iterated at this time that the above is applicable only to Fixed Term Agreements. Another very important point to remember is that the CPA only governs contracts entered into between a company and private individuals. Should a business enter into a contract with any other business, the scope of this agreement falls outside the CPA. The above changes to our terms and conditions was done to ensure we comply with the CPA. We have relaxed our previous terms to ensure we comply with the term fair and reasonable. As a test case please see the attached article where the CPA found that the penalties charged were not fair and reasonable.
Vodacom fined R1 million over “unethical” contract cancellationsPlease visit any of the following websites to read our terms and conditions: www.askit.cc www.asksecurity.co.za www.askgroup.co.za If you have questions, please feel free to contact us accordingly at 028 271 3116. Kind Regards, Michael Kiessling ASK may invoice the client for 3 time the monthly contract fee.