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DO YOU LIVE IN AN ESTATE , COMPLEX , COMMUNITY PART OF A BODY CORPORATE OR SECTIONAL TITLE SCHEME - COMMON PROPERTY PART 1

Thank you to CIA UNDERWRITERS for their information

 


 

According to the Sectional Title Schemes Management Act (STSMA), common property falls into 3 main areas:

  • The land in the scheme;
  • Those parts of the building or buildings that are not included in a section (a section is the area inside a unit between the walls including the ceiling, floor, doors and windows) and;
  • Any extra land that the body corporate decides to buy to increase the common property size (after the written consent of all its members have been obtained).

Common property is therefore owned by all members of the body corporate in undivided shares according to the participation quota of their respective sections.  In simple terms, the size of the sectiondetermines the size of the share that the unit owner holds in thecommon property.

Because it is an “undivided share” no one can request the land on which the scheme is built, or any other parts of the common property be divided or separated. This is simply not possible from a practical or legal point of view.

Article courtesy of Marina Constas and Karen BleijsDemystifying Sectional Title 

In Part 2 of this newsletter we will look at Minor alterations to Common Property - Trustee Consent.

DURBAN AND SURROUDNING AREAS ARE SEEING AN INCREASE IN CRIME DURING THE LOCKDOWN PERIOD

4 May 2020 – information supplied by BLUE SECURITY THANK YOU

PINETOWN BUSINESS FALLS VICTIM TO ARMED GANG’S LIQUOR LOOTING SPREE

Durban commercial owners are warned to increase or upgrade security measures onsite during Lockdown to prevent becoming a statistic of crime. This follows a number of industries and businesses being targeted by criminals this week throughout greater Durban.

“An armed gang went on a six-hour looting spree at a Pinetown business from 11pm on Tuesday night through to 5am on Wednesday clearing the premises of a vast amount of liquor after tying up the security guard,” said Blue Security community and media liaison officer, Andreas Mathios.

“The three suspects arrived in a vehicle and held up the security guard at gunpoint before tying him up and locking him in a car. “Evidence shows that they gained access to the premises by cutting the wire fence, breaking a window and cutting the roller-door locks. They also damaged the alarm system,” Mathios said. They then spent the next six hours loading the getaway vehicle with boxes of wine, whisky and vodka. “It was established after the incident that stolen items included two plasma TVs, two laptops and multiple boxes of wine, vodka and Scotch whisky. Investigations are continuing,” Mathios said.

In a separate incident a business owner arrived at his business premises in Umbilo on Wednesday morning and discovered that the office had been robbed. “It appears that suspects had broken into the building early on Wednesday morning. Access was gained to the reception area by breaking a window and cutting through the burglar bars,” Mathios said. “The main office and reception area was ransacked and a laptop and large amount of cash was removed. Umbilo SAPS attended the scene and the case is under investigation,” Mathios said.

A business owner in Isipingo Rail was also targeted on Wednesday morning. “A check of the premises revealed that access had been gained via an open window on an upper level of the building. The burglar bars were still intact,” Mathios said. “Investigations showed that a computer screen and digital camera had been removed from the premises. Isipingo SAPS attended the scene,” Mathios said.

“A business in Jacobs was also targeted before 5am on Thursday morning. A check of the building indicated that a front window on an upper level had been forced open. A screwdriver was found nearby. An initial check showed that only a toolbox had been removed,” Mathios said.

“Lockdown is not deterring criminals and in some instances quieter industrial or retail districts are a boon for illegal activities to occur undetected,” Mathios said. “It is therefore vital that businesses ensure their premises are sufficiently protected with well-maintained and efficient security systems,” Mathios said. “Ensure perimeters have electric fencing, are well-lit and are connected to a security provider’s control room. Arrange for regular patrols by a security provider. On-site guards should also be provided with remote panic buttons that can be activated at any sign of trouble,” Mathios said.

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Be safe

THE ES BROKERS TEAM




WORKING FROM HOME BLOG - CYBER LIABILITY

To contain the spread of the coronavirus, companies around the world have instituted what has become the largest “work from home” movement in history. While the adoption of remote working has steadily increased over the past couple of years, an interesting likely by-product of the coronavirus is a significant increase in the adoption of remote working.

 

Remote working brings many benefits; studies by the Harvard Business Review and Stanford University have shown increased productivity and reduced staff turnover among remotely working staff. Additional benefits include companies being able to reduce office costs, from rent to power savings and reduced coffee costs. There are also a number of environmental benefits.

 

Despite all these benefits, there are however some potential downsides, notably in relation to cyber risks.

 

In the wake of large-scale global events, cyber criminals are among the first to attempt to sow discord, spread disinformation, and seek financial gain.

 

Please be on the lookout for the following:

  • Phishing emails with malicious links or attachments
  • COVID-19 related investment scams 
  • Miracle products claiming to prevent, detect, or cure COVID-19
  • Online retail fraud and counterfeit goods related to the virus, and donation or fundraising scams

 

Here are some simple pointers to help keep you and your company safe while working remotely.

 

Ensure that your Wi-Fi connection is secure

 

If you’re making use of your own home internet connections e.g. fibre lines, consult user guides and configure a secure password for your Wi-Fi network. Below is a brief guide on how to do this:

 

1.       You need to access your router to change the password. The quickest way to access your router is through a web browser, e.g. Internet Explorer, Google Chrome, etc.

2.       Most routers come with a manual specifying the IP address of the device allowing you to connect to it. Most routers use IP address: 10.0.0.2, 192.168.0.1 or 192.168.1.1, but your user manual should help guide you

3.       Browse to the correct IP address in your browser and enter the default router username and password (should you not have already changed this), these are typically:

1.       Username: admin

2.       Password: admin or password

3.       If these login details don’t work or you have forgotten what you changed your credentials to, resetting your router should reset the credentials to the above. Again, consult your user manual on how to reset your router; it generally requires holding in a reset button

4.       Once logged into your router, select ‘Change Wireless Password’ or select ‘Wireless settings’, Setup or Wireless depending on your router type. Type in your new Network Key (new wireless password), select apply or save, and then reconnect your devices using your new wireless password

5.       While you are on the interface for your router, it’s perhaps not a bad idea to change the default password from admin or password as may be relevant. Try and avoid making use of public Wi-Fi, particularly if you are not totally sure that you are connecting to a legitimate Wi-Fi connection. Another useful tip is to tell your device to forget those networks that you do not connect to on a regular basis

 

1.       Ensure that your endpoint protection (e.g. anti-virus) is installed and fully updated.

2.       Ensure that security patches and updates are applied as soon as possible after release.

3.       Enable encryption on your endpoint, as well as any storage devices being used.

4.       Make sure that you are using a secure connection to access your work environment (e.g. VPN), ideally with multi-factor authentication.

5.       Lock your screen if you are working in a shared space, and don’t leave your devices unattended.

 

Attackers are very quick to leverage major news stories such as the coronavirus as a base for their attacks. If anything seems suspicious or too good to be true, please be sceptical – rather safe than sorry, as the saying goes.

 

Should the unforeseen occur and you do suffer a cyber incident, having a cyber insurance policy can assist in limiting the damages suffered both by you, the individual, and your company. Coverage extends from theft of funds to business interruption, cyber extortion, public relations and forensic investigation costs, and liability cover for your company. Cyber insurance policies provide wide-ranging coverage for a multitude of cyber-related perils.

 

As we fight against the spread of COVID-19 and impact it continues to have on businesses around the world, remote working need not be a further woe. In fact, it has the ability to be the exact opposite and could result in increased productivity, higher morale and lower operational costs into the future.

 

Thank you to Hollard Insurance Company for the information



DURBAN ROOF TOP CRIME ON THE INCREASE THE LAST WEEK

COMMERCIAL CRIME TREND ALERT: ROOFTOP INCIDENTS ON THE CLIMB

Blue Security has warned business owners that criminals have been targeting businesses and either seeking entry via or fleeing across the roof of various commercial buildings in recent reports.

Nine incidents where this modus operandi was used were reported over the past four days alone, in Umbilo, Kingsburgh, Prospecton, Pinetown and Botha’s Hill, but swift response and decisive action by our tactical force, reaction officers and SAPS members led to the arrest of multiple of these suspects. In one of our most recent arrests, two criminals connected to business break-ins were apprehended by our armed response officers and a member of our Durban North tactical unit.

We are urging business owners to ensure that alarm systems, external beams and alarm sensors in ceilings are in good working order.

In the most recent incidents, would-be cat burglars were foiled in their getaway attempt in a team effort with SAPS in Umbilo in the early hours of Wednesday morning.information from Blue Security, thank you




ROOF TOP CRIME



ROOF TOP CRIME ON THE RISE:

Roof security is an issue. Criminals have realized houses with tile roofs are easy targets. 
Roof tiles are quickly opened up, and access gained into the house by breaking through the ceiling boards is a simple task.

Living in a secure environment is key for many people either renting or owning a property. 
The rise in crime is linked to the increasing rate of unemployment. 
Thieves have become smarter and more creative having the ability to swiftly circumvent burglar bars, gates, alarm systems, etc. but now getting in through the roof tiles.
Your House is your Castle! Make sure you have adequate insurance cover for these unfortunate events. 
Our team is standing by to best advise you on the right cover.
Visit: www.esbrokers.co.za for more info or to contact us.

Article written by Andrew Ensor-Smith

STREAMLINE YOUR INSURANCE DURING LOCKDOWN


HOW TO STREAMLINE YOUR INSURANCE COVER IN TOUGH TIMES:

During times of uncertainty people tend to react out of FEAR (based on news clippings and News Channels)  and start making decisions based on Emotion, rather than logic.
Over the last 30 years in the Insurance Industry we have seen people making really silly financial decisions , regarding their Insurance cover and come to regret it later because they were more focused on the premium saving opposed to the Risk of something going wrong, and lived to regret their decision based on reactiveness. 

This period is only temporary and we will get through it.
The question is :
* Will you come out of it The same or worse off or
* Will you come out of it Better and stronger

We would like to clear up what is covered under your Short term Insurance policy and what is not:
Short term insurance covers the risk transfer for piece of mind (A premium in exchange for covering the defined event)
* Building
* Home Contents
* All Risk Items
* vehicles
Sub Categories of vehicle cover would include:
- Credit Shortfall
- car Hire
- Roadside Assistance
- Excess waver
* Business insurance 
* Loss of Profits

What is not covered under a typical Short term Insurance Policy:
* Credit Life
* Income Protection
* Loss of income/loss of profits resulting from Epidemics/viruses
* Job loss through COVID-19
* Cash payout to pay expenses due to no work
* deferred premium payments still expecting full cover

Disclaimer:
We are not licensed to give advice on life insurance policies and or investments and would recommend that you contact your Life advisor on these matters.
However ,we can share with you what we have done personally and what options are available to you, so that you can make smart and sound choices to streamline your Insurance cost without prejudicing your cover.

Here are a few tips to help you reduce your expenses in the next 30, 60 & 90 days:
1) Phone your Bond account holder and ask them about a deferred Bond payment plan
2) Phone your vehicle Finance company and apply for a 3 month Moratorium (Where the next 3 months debits will be much less and the balance added to the remaining contract from August)
3) Remember where vehicles are Financed they must be comprehensively insured (Its a condition of your contract agreement with the finance company)
4) Rather cut you DSTV premium first, before cancelling your car insurance.
5) Other services that are not essential right now such as garden services, pool services, monthly donations to charities etc
6) Do not cancel your vehicle tracking or armed response alarm at the premises (as this would be a condition of cover)
7) How to reduce insurance premiums:
(a) If your class of use is Business and the car is at home reduce the class of use to Private (+/- 25% saving)
(b) Delete the Frills and spills on your vehicle section (if you have selected them) such as, car hire, excess waver, credit shortfall
(c) Look at taking a higher excess in return for a larger motor discount
(d) Specified items such as Jewellery, laptops, cell phones, tools (that are portable), look at deleting this cover whilst at home. You can always add this back later when you are back on your feet. (There has to be some risk versus reward from your side).
8) You could ask your Personal lines insurer to delete the theft cover and only insure your contents for fire related perils only (Please think this through before making this decision as roof top burglaries are on the increase right now).
9) If your vehicle is paid up you have the option to reducing the cover from full Comprehensive to Balance of Third Party, Fire and Theft.
10) The ultimate last resort (if there is no money in the budget), look at taking out certain sections that you are prepared to take the risk on and only insure the items of value, such as your building and your vehicle/s

We have Weathered the storms before and we have got through it, we are good at what we do and confident that we can deliver the right advice to help you get through this with as little financial loss as possible.






BURGLARIES ARE ON THE INCREASE, MAKE SURE YOU ARE COVERED!


        Good morning world,

During this time we would like to remind you of the cover under the Theft Section of your Commercial Policy and could also apply to your personal house content cover, in order for you to comply with your policy cover requirments if an alarm is required. We urge you to please check this as it is a time when we may see increased burglary/break in attempts.

Please ensure that your Security Company keeps you informed about the activities in and around your Premises, and that they are monitoring the alarm activation at all times. 

If you do not get an sms notifying you of the opening and closing signal, then you would need to request that your Security Company monitors the premises regularly, ensures that the alarm is activated at all times and notify you as soon as they find anything out of the ordinary.

 Theft cover under your Commercial Insurance Policy is subject to forcible or violent entry/exit from your premises.

There must be visible signs of forced entry/exit in order for the Insurance Company to entertain a break in/ burglary/ theft claim.

Please also take note that the following endorsement under the Theft Section of your Policy, could also be applicable to your specific cover.

 

Burglar Alarm Warranty:

Theft of the insured property from any building on the insured premises as specified in the schedule or any attempt thereat accompanied by forcible and violent entry into or exit from such building (s) is subject to the following conditions:

It is a condition precedent to the liability of the company and warranted that:

a) A radio - controlled burglar alarm system which is connected to the control room of a security firm, that will respond to the activation of such alarm by means of a reaction unit, is installed in the building (s) and be made operative wherever the building

(s) is / are not open for business unless a director or employee of the insured is in the building.

b) Such alarm system be maintained in proper working order but the insured shall be deemed to have discharged their liability therefore if they have maintained their obligations under a contract with their suppliers or servicing engineers of the alarm system.

c) Theft of the insured property following the use of keys of the burglar alarm or any duplicate thereof belonging to the insured is not covered unless such keys have been obtained by violence to or thereat of violence to the insured, director or employee of the insured.


A VERY DIFFERENT EASTER HOLIDAY FOR SOUTH AFRICA


A very different Easter Holiday for South Africa 

 

As South Africa prepares for a 21-day lockdown in a bid to prevent the uncontrollable spread of COVID-19, you’re likely to find yourself at home with a lot more time on your hands.  With any travel and entertainment plans on hold, the likelihood of suffering from serious cabin fever is high.

Aon put together a list of home projects you can undertake to keep you busy and at the same time, will ensure that your insurance cover is in top shape for any unforeseen event: 

·       Update your asset register – It’s the perfect time to do a thorough audit of all your assets at home and ensure that they are appropriately insured.  Have you accumulated new electronics, clothes, computers, furniture, jewellery and other assets?  Use the time at home to make sure your home inventory list is accurate and that new items are included under your cover.

·       Avoid under-insurance - Thanks to the rise in living costs, your home and motor vehicles could be significantly under-insured in the event of a major catastrophe. Make sure that your buildings, home contents and vehicles are insured for their replacement value and not the resale value, especially under your buildings cover.  Your updated asset register will be invaluable in ensuring you are covered for the correct values and items. 

·       Do essential maintenance - check your roof for wear and tear and replace any broken tiles or weathered waterproofing.  Check your taps, fittings and plumbing for signs of wear and tear and repair what you can.  Make a note of any work that needs to be done by a repair company after the lockdown.  Paint, clean out, spruce up and remove all the clutter.

·       Keep gutters clear – As we enter the autumn season, keep your inlet/outlet pipes of any drains and gutters clear of leaves and debris.  Also address any waterproofing issues by repairing damaged flashings on the roof.

·       Are your renewable energy solutions covered? - The increasing focus on green technology means that many households have solar geysers and solar PV panels installed.  Check whether these items are included under your homeowners’ insurance cover and increase the sum insured on your policy to account for the additional value they add to your property.

·       Power Surge – Load shedding remains a reality so check your policy to ensure that your appliances are covered and for any requirements on your policy for power surge protection – remember that this will need to be installed on your distribution board by a qualified electrician, so put this on your to-do list for when things are back to normal if not done already.  

·       Fire hazards - Minimise your home’s risk of fire by cleaning out the clutter and rid your home of unnecessary flammable materials such as dry garden debris, empty boxes, paper, chemicals and leftover paint.  Check whether your insurance policy has any clauses related to fire extinguishers or smoke detectors and make sure you have them in place, for your own safety.

·       Give your car a once-over – Check wiper blades and tyres for wear and tear and that the tread is still in good shape.  Make a note of any items that need replacing or repair to schedule for later.

·       Working from home – With many people working from home, you may need to consider business cover in order to address possible risks you may face in your home office environment.  Ensure that your business assets such as laptops, cell phones and other work-related equipment are insured under your commercial policy.  Bear in mind that business related public liability cover is not covered under your personal policy.  Discuss appropriate business insurance options with your broker, as soon as possible.

·       Be vigilant - keep an eye out for loiterers or unfamiliar people scanning the area and be aware of official government activities, so that you are not foiled by would-be criminals posing as officials.  If anything seems out of place, notify your armed response to investigate.

·       Security – Check with your security company how they will conduct their operations during this time, so that you are familiar with the process in the event of an emergency.

Speak to us today to make sure your insurance policies are up to date, while addressing some issues around the home that may affect your insurance covers.  Our offices remain fully operational during the lockdown and our staff will be available to assist you with any queries, claims, policy changes you may have.
  Use the time at home to get to those essential maintenance issues that have been long overdue and focus on getting your insurance cover into top shape.

 

 

Article written by and credits go to Teresa Settas

 

BLOG COVER FOR THE CORONAVIRUS (COVID19) EXCLUDED UNDER THE BUSINESS INTERRUPTION

Dear Valued Client,

 

Insurance is a contract between two parties, whereby the Insurer provides indemnity / compensation for stipulated events that happen by chance or are fortuitous by nature. 

The Coronavirus disease (COVID-19) outbreak was declared a Public Health Emergency of International concern on 30 January 2020 by the World Health Organization, and thus can no longer be seen as a fortuitous event going forward for clients that now start asking for this cover.

 

Defined Events as per the attached Monitor Commercial Policy Wording:

Loss following interruption of or interference with the business in consequence of damage occurring during the period of insurance at the premises in respect of which payment has been made or liability admitted under:

(i) the fire section of this policy

(ii) the buildings combined section of this policy

(iii) the office contents section of this policy

(iv) any other material damage insurance covering the interest of the insured

but only in respect of perils insured under the fire section hereof (hereinafter termed Damage).

Liability shall be deemed to have been admitted if such payment is precluded solely because the insured is required to bear the first portion of the loss.

 

 

Business Interruption on a Commercial or Building Insurance Policy does not cover losses caused due to the COVID19 virus.

While the coronavirus continues to wreak havoc on larger businesses, stock markets and economies around the world, individual businesses of various sizes are not only vulnerable to work stoppages but might not have adequate cover from the outbreak’s impact on their Business. The Insurance Companies are unable to offer cover to remedy these situations.


Policy Exclusions:

Infectious Epidemic Exclusion (Applicable to Fire, Buildings Combined, Office Contents, Goods in Transit, Business All Risks, Accidental Damage, Motor, Motor Traders, Electronic Equipment and any other property classes)

This insurance excludes any loss, damage, cost or expense, directly or indirectly arising out of, contributed to by, or resulting from any infectious epidemic/pandemic. For the purpose of this clause Infectious Epidemics shall mean the sudden, unexpected, large-scale manifestation of an initially locally contained, infectious disease relating to people which spreads very rapidly and with great virulence. If the company alleges that by reason of this exclusion, any loss, damage, cost or expense is not covered by this policy the burden of proving the contrary shall be upon the insured.

 

Infectious Epidemics/Pandemics Exclusion (Applicable to Money, Glass, Fidelity, Public Liability, Employer’s Liability, Stated Benefits, Group Personal Accident and any other casualty classes) 

This insurance excludes any loss, damage, cost or expense, directly or indirectly arising out of, contributed to by, or resulting from any infectious epidemic/pandemic (if classified either way by the appropriate national or international body/agency) which leads to:

a) the imposition of quarantine or restriction in movement of people or animals by any national or international body or agency;

and/or

b) any travel advisory or warning being issued by a national or international body or agency and in respect of a) or b) any fear or threat thereof (whether actual or perceived). 

 

If the company alleges that by reason of this exclusion, any loss, dame, cost or expense is not covered by this policy the burden of proving the contrary shall be upon the insured.

 

 

Coronavirus Exclusions:

Notwithstanding any cover or extension under this section indicating anything to the contrary, this section does not provide cover for any loss following interruption or interference with the business directly or indirectly

caused by, or contributed to by, or in consequence of:

 

a. Coronavirus disease (COVID-19);

b. Severe acute respiratory syndrome Coronavirus 2 (SARS-CoV-2);

c. Any mutation or variation of a) or b) above;

d. Any fear or threat of a), b) or c) above.

 

 

Some Scenarios to consider:

Scenario 5. The Insured, submits a claim for an insured person with COVID-19, insured under a Group Personal Accident section or Stated Benefits section, for bodily injury by either Death; Permanent disability; Temporary total disability; Medical Expense. Is this covered?

· This is not covered as the Defined Events of both these sections require bodily injury to be caused by accidental, violent, external and visible means. The claim does not fall within the Defined Events of the section’s wording.

 

Scenario 6. A business is dependent on receiving components from China. Due to COVID-19, this supply does not happen and the business is unable to operate for a period of time until the normal supply chain is restored. The company in China is listed as a Specified Supplier, under the Suppliers’ extension of the Insured’s commercial policy. Is this covered?

· This is not covered.

If the Specified Suppliers extension is included in the Policy cover then the cover for the loss of supply will only be entertained if the loss of supply was caused by a peril of the Fire section. 

o The Specified Customers extension, if included, also requires the loss to be caused by a peril of the Fire section.

 

Scenario 7. A business located between two cities in South Africa, and the only access to their premises is by means of the national road. Quarantine regulations are imposed to restrict access by regulation pertaining to public health and safety by regional government ten kilometres from the insured premises. The insured does not have the Murder / Suicide / Illness / Disease / Pollution / Shark and Animal Attack Extension, however, they do have the Prevention of access extension. Is this covered? 

· This is not covered. Whilst when the insured is prevented or hindered from using the premises, this is only if the loss was caused by a peril of the Fire section


SAFETY TIPS WHEN THE POWER DIPS



LOAD SHEDDING REMINDER: SAFETY TIPS FOR WHEN THE POWER DIPS COURTESY OF BLUE SECURITY .

The impact of load shedding on a security company’s operational resources is severe, and with the return of load shedding we’re urging our clients to help us beat the dark so everyone can walk out the other side safely!

When the power goes out, our control centre receives an influx of thousands of false alarm signals, which puts immense strain on both controllers as well as reaction officers, to still action these signals timeously.

HOW CAN YOU HELP?

Panic signals are prioritised to identify real emergencies amid the false alarm clutter. PLEASE press your remote panic button, when in a real emergency.

Please be patient with us as we wade our way through thousands of signals while still doing everything in our power to ensure our clients’ safety.

Of course, load shedding doesn’t only impact us, but you as well. Ensure that you are prepared during power dips with our 7 load shedding safety tips:

1. Communication lines stop working  Including ISDN lines and portable phones. So what should you do? Ensure you have both a telephone and radio communication set up, so that if one fails a signal will still be sent to the control room.

2. Keep tabs on your system’s battery – An 18 AMP battery should provide backup power for your alarm system for more than five hours, depending on the size and sophistication of your home security system.

3. Consider storing a spare battery at home – Batteries are not particularly expensive and it is possible to save money and change it yourself once you know how to do the job.

4. Regularly test your alarm system for faults – Load shedding can cause power surges when the lights come back on. Unfortunately, these surges have the potential to damage your alarm system and other home appliances.

5. Keys and gates – Make sure that you have the keys for your electronic garage doors handy, particularly if the system is not linked to a back-up battery. Remember to test your driveway gate battery regularly, especially if you have not replaced it for a few years.

6. Torches and cellphones – Recharge torch batteries regularly and ensure cellphones are fully charged ahead of a scheduled load shedding event. Keep candles and matches in easily access places in your home such as by the front door so if the power goes out you know exactly where they are.

7. Mobile App – If you find for whatever reason that your battery has failed and your alarm system dies, you will still be able to call for help in an emergency if you have the Blue Security Mobile App set up on your cellphone. Just press the panic button on the app and a security professional will contact you to establish the nature of the emergency.

If you need any assistance regarding testing your home alarm system, battery replacements or advice on how to access our mobile app, contact us on 031 717 5000.