We don't like small print either, but here it is.
You will receive computer generated invoices for all services rendered by ITBeats. All computer generated invoices and credit notes will be sent to you via electronic means. By contracting with ITBeats for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The customer or the customer's agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf.
Terms and Conditions
In this Agreement, the words detailed hereunder will have the meanings assigned to them unless inconsistent with the context of this Agreement. All Schedules to this Agreement are incorporated herein and are an integral part hereof:
1.1. “This Agreement” means this Service Level Agreement
1.2. “Effective Date” means the date upon which the service will commence.
1.3. “ITBeats” means ITBeats Pty(Ltd).
1.4. “Services” means the Support Services ITBeats renders to the customer.
1.5. “Customer” means Client
2. EFFECTIVE DATE
This Agreement shall become effective on, and with effect from, the date that the service first commences and will continue in effect until terminated according to its terms. Should the Effective Date occur after the date of signature of this Agreement, nothing herein contained shall be construed as to give either party the right to cancel or rescind this Agreement before the Effective Date.
3. CHARGES AND PAYMENTS
3.1. The charges for Services stated on the invoice to the Customer, are those in effect on the Effective Date and may be revised from time to time with mutual consent upon 15 (fifteen) days prior written notice to the Customer, but revision of charges shall not be implemented for periods already paid in advance by the Customer.
3.2. Charges for Services shall be invoiced and paid monthly in advance unless otherwise agreed in writing.
3.3. All other charges outside of the contracted agreement are payable no later than 15 (fifteen) days from invoice date unless otherwise agreed in writing by both parties.
4. CUSTOMER’S RESPONSIBILITIES
4.1. The Customer has sole responsibility for use of the Equipment and Software, including operating procedures, audit controls, accuracy and security of input and output data, restart and recovery routines, and other procedures necessary for the Customer’s intended use of the Equipment and Software.
4.2. The Customer will maintain back-up data necessary to replace critical Customer data in the event of loss or damage to such data from any cause if Customer did not opt to make use of off-site backups from ITBeats.
5. WARRANTIES AND DISCLAIMERS
5.2. Because not all errors in Software can or need be corrected, ITBeats does not warrant that all Software defects will be corrected. Similarly, ITBeats does not warrant that the functions contained in the Software will meet the Customer’s sole requirements or that the Software will operate in all combinations selected for use by the Customer.
6. LIMITATION OF LIABILITY
ITBeats will, in no event, accept liability for:
6.1. Incidental, indirect, special or consequential damages or loss, including, but not limited to, loss of use, revenues, profits or savings or;
6.2. Claims, demands or actions against the Customer by any person, or payments made by or due from the Customer to third parties or;
6.3. Loss of or damage to the Customer’s data from any cause.
The Customer shall not be liable for any support hours required in order to rectify problems due to the direct damage or loss, of the equipment or software caused by ITBeats.
6.4 ITBeats accepts no responsibility for any loss caused by power failures of any kind and telecommunications failures of any kind. ITBeats accepts no responsibility for any 3rd party service providers in any way or form what so ever.
7. TERMINATION, SUSPENSION, CANCELLATION
7.1. ITBeats may elect to suspend the Services without written notice to the Customer if any payment under this Agreement is overdue by more than 1 (one) day.
7.2. ITBeats may further elect to terminate this Agreement in the following circumstances:
7.2.1. If the Customer is sequestrated, placed into liquidation or under judicial management. Such termination shall be effected upon ITBeats furnishing the Customer with 5 (five) days written notice.
7.3. Notwithstanding suspension of the Services or termination of this Agreement, the Customer shall pay ITBeats all outstanding amounts in respect of the Services rendered during the duration of this Agreement.
8. FORCE MAJEURE
Neither party shall be liable for failure to fulfill its obligations in terms of this Agreement when such failure can be attributed to causes beyond its reasonable control including:
8.1. The failure or delay of any supplier,
8.2. War, civil unrest, acts of insurrection;
8.3. Fires, floods, earthquakes;
8.4. Acts of God; or
8.5. Strikes or lock outs.
9. OTHER PROVISIONS
9.1. Any failure or delay by either party in exercising any right or remedy will not constitute a waiver.
9.2. This Agreement will be governed by the laws of the Republic of South Africa.
9.3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. The terms and conditions of this Agreement will supersede all other terms and conditions submitted by the Customer, and all and any written and oral communications between the parties.
9.6. Each paragraph and provision of this Agreement is severable, and if one or more paragraphs or provisions are declared invalid, the remaining provisions of this Agreement will remain in full force and effect.