Datalink Standard Terms and Conditions
1. Datalink IT Services (Pty) Ltd will hereafter be referred to as “The Company”. The organisation or entity receiving services from “The Company will hereafter be referred to as “The Client”
2. All pricing is exclusive of VAT unless otherwise stated.
3. For onsite technical support/consulting – A minimum of 1 Hour call is billed regardless of the time spent onsite. Billing is done thereafter in increments of 15 minutes.
4. For remote technical support/consulting – A minimum of 30 Minutes call is billed regardless of the time spent working remotely. Billing is done thereafter in increments of 15 minutes.
5. Any equipment supplied to clients shall remain the property The Company until paid for in full.
6. The Company reserves the right to suspend or cancel products and services provided to The Client for non-payment.
7. The Company reserves the right to charge a re-instatement fee upon the resumption of the provision of products and services to The Client.
8. Some services will incur an annual increase in fees based on inflation plus a percentage whilst others will fluctuate based on the USD/ZAR or EUR/ZAR exchange rate.
9. The Client agrees not to for the period of 12 months from any work having been completed to not entice, solicit or engage any person who is an employee or a consultant or otherwise engaged by the Company during this period and who had dealings with the Client. Should you the client employ any of the Company Personnel within the 12-month period, you agree to compensate the Company by paying 30% of the first year’s salary, based on their CTC (cost to company) and bonus of the Company Personnel on the commencement of their employment with you. Should the Company Personnel still be working for the company you will be obliged to give us a two months’ notice period to find a suitable replacement and for the Company Personnel to provide a handover. Holiday entitlement may not be used as a notice period.
10. The Company shall not be liable for any loss or damage sustained or incurred by the Client or any third party (including without limitation any loss of use of the Equipment and/or Software and/or Firewall and/or Website and/or Cloud services or loss of or spoiling of the Client’s programs or data) resulting from any breakdown of or fault in the Equipment and/or Software and/or Firewall unless such breakdown or fault is caused by the negligence or wilful misconduct of the Company, employees, agents or subcontractors.
11. Notwithstanding the above the Company shall not be liable for any loss or damage sustained or incurred by the Client or any third party (including without limitation any loss of use of the Equipment and / or Software or loss of or spoiling of the Client’s programs or data) resulting from security breaches and / or unauthorized access to any firewall.
12. Notwithstanding anything else contained in this Agreement the Company shall not be liable to the Client for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
13. The Company shall not be liable to the Client for any loss arising out of any failure by the Client to keep full and up-to-date security copies of the computer programs and data it uses in accordance with best computing practice.
14. The Company shall not be liable for any loss arising as a result of the failure of related services provided by third party suppliers, whether or not recommended by the Company.
15. The Company shall indemnify the Client and keep the Client fully and effectively indemnified on demand against any injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Company, its employees, agents or sub-contractors.
16. The Client shall indemnify the Company and keep the Company fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Client, its employees, agents or sub-contractors.
17. Both parties are released from obligation to fulfil the contract due to Force majeure.
18. If either party is in material breach of these Terms and Conditions the other party has the right to terminate this SLA immediately, provided that written notice of the breach has been given to the party in breach and the breach has not been remedied within a period of 30 days from such notice.
19. The parties shall not disclose to any third-party information disclosed to it by the other party, which is marked “confidential” to the extent that such information is not already in the public domain or already in the
receiving party’s possession.
20. Anything not specifically itemised in a quotation or proposal is deemed to be excluded.
21. Any additional requirements, functionality, or changes from provided quotations/proposals will be charged for in addition to the original quotations/proposals at the standard hourly rates.
22. Work is carried out by The Company as quoted. Should any work be required that falls outside the scope of provided quotations, The Company will quote for and invoice separately for any additional work carried out.
23. Some products or services provided by The Company will require a deposit/up-front payment while other products or services will require an upfront payment in full to commence work.
24. Where payment is not upfront or COD, payment terms will be negotiated before any work commences.
25. All hardware supplied comes with a 1 year warranty unless otherwise stated.
26. The collection and drop off of warranty items to and from The Client and repair centre is chargeable (time and travel)