Complete IT Services
Terms and Conditions
1. Service Hours
1.1 Office hours are as follows;
1.1.1 8:00 to 17:00 Monday to Friday (excluding public holidays)
1.2 Support is offered as follows;
1.2.1 8:00 to 17:00 Monday to Friday (excluding public holidays)
1.2.2 Out of hours service, which is available for emergencies and mission critical exceptions.
1.3 Out of hours service would be requested through the standby technician 07:00 – 22:00. This is provided on a best endeavours basis and additional charges may apply.
2. Hardware and Software
2.1 Complete IT Service standard rates for any goods sold or services rendered can be obtained on request. Prices are subject to exchange fluctuations and supplier price changes.
2.2 Any delivery note, callout sheet or invoice (copy of original) signed by the Client and held by Complete IT Services shall be conclusive proof that the delivery was made to the Client
2.3 All risk in and to the products shall pass to the Client upon delivery thereof to a representative of the Client.
2.4 Goods may be returned only with the prior consent and at the sole discretion of Complete IT Services. All returns, within five days from date of invoice, will be subject to a 10% penalty on the original selling price, there after no credit will be given.
2.5 No credit will be extended for goods returned without all driver disks and other contents, original packaging and/or with damaged packing.
2.6 Systems and loose components carry a carry-in warranty from date of purchase for the period as stated on the invoice. Warranty excludes consumables such as Stiffy disks, CDs, ink cartridges, printer, toners etc.
2.6.1 Warranty excludes damage as a result of power failures, lightning, or any other damages caused by the Client.
2.6.2 In the event of goods that are defective, the rights of the Client are limited to the factory guarantee of the goods supplied. As such no software configuration, installation and data is covered; other limitations may apply as well.
2.6.3 Hardware components are covered by manufacture warranty.
2.6.4 We specifically disclaim any and all warranties, express or implied, including but not limited to any implied warranties or with regard to any licensed products.
2.6.5 To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the goods.
2.6.6 All guarantees are immediately null and void should any equipment be tampered with, serial numbers damaged or removed or should the seals on equipment be broken by anyone other than Complete IT Services.
2.6.7 All warranties and conditions not expressly provided for herein below are hereby excluded. Under no circumstances will Complete IT Services be liable for consequential damages.
2.7 It is the duty of the Client to return any defective goods to the premises of Complete IT Services at the Clients own expense.
2.8 The Client will be liable for a quote rejection fee at the sole discretion of Complete IT Services on repairs, should the Client decide not to accept a labour quote given by Complete IT Services.
2.9 Any item handed in for repair may be sold by Complete IT Services to defray the cost of such repairs if the item remains uncollected within 30 days of the repair being completed.
2.10 Notwithstanding anything to the contrary, with the delivery of any goods or facilities (and/ or Services, where applicable) by Complete IT to the Customer, ownership thereof will vest in Complete IT until such time as the purchase price has been paid in full without any form of deduction or set off. However, it being specifically agreed that Complete IT cannot be held responsible for the quality and suitability of the goods or facilities (and/ or Services where applicable) whatsoever and the Customer indemnifies Complete IT and its Affiliates accordingly.
3. Payment Terms:
3.1 The Client agrees that a collection fee of R150 or at the maximum legal interest rate prescribed in terms of the Usury Act, whichever is the greater, shall be payable on any monies due to Complete IT Services from the date they fall due. In case of late payment, collection fees shall be calculated from the date of order.
3.2 Service Contract or Agreement payments via debit order. The debit order payment shall be effected on the 1st of the month following the date of the invoice.
3.2.1 All services rendered over and above the services covered by the Service Contract or Agreement, are chargeable at the current standard Complete IT Services rates (available on request) as are applicable at the date such additional services are rendered and are payable as per you agreed terms of payment.
3.3 Hardware and Software (incl. Licence agreements) purchased by the Client from Complete IT Services is payable on order. Price fluctuations will be for the account of the Client.
3.4 Complete IT Services shall have the right to suspend the account and all services due by Complete IT Services owing to breach of payment terms and conditions. The account will be reinstated and services resumed once full settlement is received.
3.5 The Client shall not be entitled to withhold payment of any amount due to Complete IT Services for any reason whatsoever and shall not be entitled to set off amounts due to Complete IT Services against amounts or services that may be owed by Complete IT Services to the Client.
3.6 Any increase in third party costs, which third party costs affect the costs of the provision of Services to the Customer will be passed on to the Customer as and when those charges become effective, 30 (thirty) days written notice will be given to the Customer.
3.7 All goods supplied by Complete IT Services remain the property of Complete IT Services until such goods have been fully paid for. The Client is not entitled to sell or dispose of any goods, unpaid for without the prior written consent of Complete IT Services.
4. Exclusion of Liability
4.1 Complete IT and/ or its Affiliates shall not be liable to the Customer or any third party for any loss or damage (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue or anticipated savings) of whatsoever nature or for any costs, claims or demands of any nature whether asserted against Complete IT and/ or its Affiliates or against the Customer by any party arising directly or indirectly out of Complete IT Equipment or Services, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be, by or from their use.
4.2 Under no circumstances will Complete IT Services be liable for damage arising from misuse or abuse of the goods. Liability under this clause is restricted to the cost of the repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Complete IT Services.
4.3 Complete IT Services shall Endeavour as far as possible to ensure that a system is in working order, but shall not be held responsible for any loss of data whatsoever and the Client indemnifies Complete IT Services against any claim arising there from.
4.4 The Customer undertakes that it shall at all times acquaint itself with and abide by the applicable legislation and regulation and accordingly indemnifies Complete IT against any and all losses brought about through its non-compliance thereof.
5.1 Complete IT Services undertakes to receive information or data of a confidential or proprietary nature belonging to the Client that may be disclosed or otherwise become available to Complete IT Services pursuant to the rendering of services in the strictest confidence and not to copy, disclose or reproduce such information or data and to restrict the use of such information or data exclusively to the purposes contemplated by the parties.
5.2 For the purposes of all or any proceedings herein, the Client hereby consents to the jurisdiction of the Magistrate’s Court otherwise having jurisdiction under Section 28 of the Magistrate’s Court Act of 1944, as amended, notwithstanding that the amount in dispute exceeds the jurisdiction of such Court. Notwithstanding the foregoing, Complete IT Services shall have the right at its sole option and discretion to institute proceedings in any other competent Court, which might otherwise have jurisdiction. Should Complete IT Services refer any claim against the Client to its attorneys, the Client shall be liable for all legal charges incurred by Complete IT Services an attorney and client basis, including tracing fees and shall further forthwith be liable for 10% (ten percent) collection charges on any amount claimed (not withstanding that such collection commission are only due upon payment of any amount to Complete IT Services or his attorney)
5.3 The parties hereby choose as their domicillia citandi et executandi the addresses set out on relevant documentation and agree that all notices and processes arising out of or in connection with this agreement of sale may be served on them at that address.
5.4 This agreement shall be deemed to have been made in the Republic of South Africa and the construction, validity and performance of this agreement shall be governed in all respects by the laws of the Republic of South Africa.
5.5 Should Complete IT Services assist the Customer to register a domain name in respect of its web site or email, Customer hereby indemnifies Complete IT Services against any claim if the use of such domain name is in conflict with any statutory enactment or court order or where the use of such domain name infringes the legal rights of a third party including circumstances where such third party contests Customer’s intellectual property rights such as trademarks, trade names or other proprietary rights to any name. Complete IT Services shall not be liable for any claim or damages of whatsoever nature if it is unable for any reason to secure the registration of Customer’s requested domain name.
6.1 Complete IT shall be entitled, but not obligated to suspend and/ or terminate all Service Contract or Agreement without giving prior notice to the Customer in the following circumstances:
6.1.1 In the event of the Customer failing to make payment within 7 (seven) days after it becoming due and payable;
6.1.2 In the event of the Customer failing to comply with any of the terms and conditions of Complete IT Services, all of which are deemed to be material.
6.1.3 If Complete IT Services elects to suspend and/ or terminate a Service Contract or Agreement as provided for in clause 6.1) hereof , or if the Customer repudiates the Service Contract or Agreement at any time after signature; Complete IT shall be entitled to:-
18.104.22.168 Claim all outstanding monies as on the date of suspension, repudiation and/ or termination of the Service Contract or Agreement;
22.214.171.124 Treat all outstanding amounts as immediately due and payable which would have become due and payable over the balance of the period which has not expired in terms of the Contract or Agreement; (only applicable where the Contract or Agreement is repudiated or terminated)
6.2 In the event of any expiration, termination or cancellation of any Service Contract or Agreement, any clauses herein which are intended to continue and survive such expiration, termination or cancellation shall so continue and survive.
7.1 The Customer shall not during the term of the Service Contract or Agreement and for a period of one (1) year after its termination, persuade, induce, encourage or procure any employee or consultant employed by or on behalf of Complete IT to become employed by or associated directly or indirectly in any manner whatsoever in the Customer or in any other business of the Customer that is similar to or competitive with Complete IT.
7.2 Should the Customer offer any engagement or permanent employment to any employee or consultant employed by Complete IT within one (1) year of termination of the Complete IT’ last assignment with the Customer, or within one (1) year from Complete IT’ introduction to the Customer, whichever is the latest, and then the Customer agrees to notify Complete IT of such an appointment.
7.3 The Customer agrees that Complete IT damages resulting from breach by the Customer of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event of the Customer violating this provision, the Customer shall immediately pay Complete IT an amount equal to 50% of employee’s total annual compensation, as liquidated damages and Complete IT shall have the option to terminate this Agreement without further notice or liability to the Customer. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs Complete IT would incur to identify, recruit, hire and train suitable replacements for such personnel.
8. Third Party Services
8.1 Irrespective of anything to the contrary, in the event of the Customer acquiring and/ or making use of a third party’s services in conjunction with Complete IT’s Service, the terms and conditions of the third party service shall be applicable, where applicable.
9. Improper use
9.1 The Customer may use Complete IT Services network and/or the Service for lawful purposes only. The Customer warrants that they are aware of any and all applicable legislation and/ or regulation and understands that whilst Complete IT Services will use all reasonable endeavors to update its Customers of regulatory and legislative developments, Complete IT Services is not obligated to do.
9.2 The Customer will not (nor will the Customer authorize or permit any other person) to use the Service:
9.2.1 to send or receive any material which is in violation of any law, regulation, regulatory authority or which is defamatory, offensive, abusive, indecent, obscene or menacing, or in breach of confidential, privacy, trade secrets, or in breach of any third party intellectual property rights, or in breach of any other rights;
9.2.2 to cause any annoyance or inconvenience;
9.2.3 in breach of any instructions that Complete IT Services have provided to the Customer in respect of the use of the Service; and/ or other than in conformance with the rules of any regulatory authority;
9.3 Without derogating from any other right of recourse available to Complete IT Services in these Terms and Conditions, any breach of this clause by the Customer shall be deemed to be a material breach of in these Terms and Conditions and shall entitle Complete IT Services to suspend the Service Contract or Agreement or the particular Services if possible, and, for this purpose, it shall be irrelevant whether the Customer is aware of the content of any material so transmitted.
9.4 Complete IT Services may suspend the Service without notice with immediate effect if, in Complete IT Services’ reasonable opinion, the Customer is in breach of these Terms and Conditions and Complete IT Services may refuse to restore the Service until the Customer has given Complete IT Services an acceptable assurance that there will be no further contravention. However, should Complete IT Services be able to notify the Customer and/ or assist the Customer prior to the said suspension, Complete IT Services undertakes to provide the same.
9.5 The Customer acknowledges and agrees that Complete IT Services may monitor the graphs associated with the use of the Service and/or Complete IT Services’ network but not any content transmitted over the Complete IT Services’ Network (unless lawfully instructed to the contrary).
9.6 In addition to the aforementioned, should the Customer fail to act in accordance with or remedy their alleged breach as notified by Complete IT Services. Complete IT Services reserves its rights to unilaterally act in accordance with any applicable legislation and/ or regulation so to avoid any Complete IT Services exposure to potential damages and/ or losses.
9.7 The Customer may use the Service(s) to link into other networks and the Customer agrees to conform to the acceptable use policies of such networks. If communications by the Customer do not conform to these standards, or if the Customer makes profligate use of the Complete IT Services’ network and/or the Service to the detriment of Complete IT Services or other Complete IT Services’ Customers, Complete IT Services reserves the right to restrict the passage of the Customer communications until the Customer gives Complete IT Services an acceptable undertaking as to its use.
10.1 All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement. Any order is subject to cancellation by Complete IT Services due to any cause beyond the control of Complete IT Services, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.