Terms of Service
SERVICES PROVIDED BY KITEVIEW TECHNOLOGIES (PTY) LTD
All support services are captured and tracked within Kiteview’s time & project management system. Billing is generated directly from the approved billable time. Services delivered are clearly presented on the invoices and other reports, with the latter made available to clients on request.
AD HOC SERVICES
1. SUPPORT
Support queries can be logged by telephone or by email. Calls can only be logged by staff that have received product training.
Kiteview Technologies telephone contact: +27 10 005 6678
Email logged support calls: support@kiteview.co.za
Should “The Client” opt not to take advantage of the Managed Services Offering, “The Client” will be entitled to one hour of first line support per month through the Kiteview Support Desk. Thereafter, first line support will be billed at the current rate at the time.
2. ONSITE & OTHER BILLABLE SERVICES
Support, services and remote assistance not covered by the above is billable at our standard rates. The Sage 200 Annual Renewal fee does not cover installations or upgrades by Kiteview Technologies of the new Sage 200 Evolution versions or Sage 200 Evolution software patches.
Other billable services include: reports, queries, training, reconciliation issues and other related accounting and operational functions.
Such work is approved through a proposal, quotation or work request document.
3. TRAVEL
All travel is billed per km from Kiteview’s office to the “The Client” ’s premises and back. Travel will be invoiced at month end and is payable upon presentation of invoice. Any required air flights & accommodation will be for the “The Client” ’s account, unless agreed otherwise.
4. BILLING
Kiteview will invoice the “The Client” for any billable work as the work is completed, payable on presentation of invoice. Annual renewal fee will be invoiced by Sage at the month end before the license anniversary date. Payment is due within 14 days of receipt of invoice.
5. HOURS
Support is available between 8 am and 5pm Monday to Friday excluding Public Holidays. A reduced service (consultant ‘on-call’) is provided between Christmas and New Year.
6. EXCLUSIONS
Kiteview is unable to provide an absolute guarantee of the rectification of problems discovered as part of this support, particularly where a fault may have caused data files to be irrecoverable. Kiteview will however make all reasonable endeavours to ensure that “The Client” receives quality service from Kiteview and that where possible full and conclusive responses are made.
Kiteview is not responsible for the errors that may occur within Sage 200 Evolution and will endeavour to have these error rectified with Sage Directly. This service may be chargeable as we eliminate the client from having to deal with Sage directly.
7. CONFIDENTIALITY
Kiteview will not divulge to third parties matters confidential to “The Client” without “The Clients” consent. “The Client” will not divulge to third parties matters confidential to Kiteview without Kiteview’s consent.
STANDARD TERMS AND CONDITIONS
These Terms & Conditions apply to the supply of all goods (incl. hardware, software and licenses) and services (incl. consultancy, implementation, development, training and support) to “The Client”, unless explicitly varied on an Order or End-user License Agreement (EULA), in which case the variations will apply only for that Order or EULA.
1. ORDER
Acceptance by “The Client” of a Service Level Agreement, Change Request, Work Request, Proposal, Quotation or Sales Order constitutes a binding Order. The prices quoted on the Order are exclusive of VAT.
2. DELIVERY
a. An email acknowledgement, or delivery note signed by the “The Client” is proof that goods have been received in good condition. In the case of goods delivered by electronic means (for example, licensed software) an email to the “The Client” of an active download link (and where applicable, the software license key) constitutes delivery.
b. Ownership in goods sold or delivered shall only pass to the “The Client” once the purchase price has been paid in full.
c. Our obligation to deliver goods and services is precedent on receipt of payment in full for goods, timely payment for services invoiced, and the availability to us of the products ordered.
d. While we endeavour to deliver services according to scheduled dates and deadlines we are sometimes constrained by availability of skilled resources and other factors outside of our control. Accordingly, time is not of the essence in relation to our performance and delivery dates and deadlines are to be treated as approximate.
3. PAYMENT
SOFTWARE AND LICENSES
Payment for software and software licenses, is required in advance of delivery, and the “The Client” will be invoiced accordingly.
SERVICES
a. Fees will be calculated at our standard rates or according to the rates specified on the Order and invoiced upon completion of adhoc services applied or monthly where project related services apply, supported by approved time records if required.
b. Rates quoted are for work at our offices or at “The Client” site only. Work at “The Client” site and other locations will be subject to reasonable travel costs and expenses.
c. Where rates are quoted on a daily basis, these day rates refer to an 8 hour day.
d. For locations over 75km from our offices, we reserve the right to include travel time in working time, up to ¼ of one day.
e. Where “The Client” requests work to be performed outside normal working hours, we reserve the right to increase our normal rate by 100%.
f. For fixed price work, a milestone based payment schedule will generally be included on the Order. Where no schedule is specified, we will charge 35% on award, 55% on delivery and the final 10% upon acceptance or 30 days after delivery whichever occurs first. Where stage payments are not invoiced, the full value of the fixed price will be invoiced on delivery.
g. Payment of fees and expenses is due on presentation of invoice. In the event of any query or dispute on an invoice, “The Client” must inform Kiteview within 5 days of date of invoice receipt and pay any undisputed portion within that period. Kiteview will promptly review and address the invoice dispute.
h. We reserve the right to claim interest at a rate of 2% per month on any amount not paid by due date, calculated as from due date to date of payment.
i. Payments on outstanding invoices to Kiteview Technologies may not be withheld due to non performance/ services related to a third party or Independent Software Vendor (ISV) regardless of their services being invoiced to “The Client” directly by Kiteview Technologies. These services will be invoiced independently and will have no reflection on the services as invoiced by Kiteview Technologies and will be treated separately when presented for payment. Kiteview Technologies however does endeavour to assist with the project management and solution delivery of third party service providers, ISV’s that have been introduced to the client via Kiteview Technologies.
ANNUAL SOFTWARE RENEWAL
Sage 200 and Sage Intacct are subscription-based products and require annual renewal for continued use. The renewal invoice is normally sent through 2 months for before expiry date. The renewal price is governed by Sage and is generally calculated at CPI + 2% for South African customers.
4. ACCEPTANCE
All deliverables generated by us shall automatically be deemed to be complete and have been accepted by “The Client” 30 days after delivery unless we have received prior notification from “The Client” of defects or short-falls
5. NO POACHING
While these terms and conditions are in force, and for 1 year thereafter, neither party will, directly or indirectly, solicit, entice or recruit any employee or consultant of the other party. Should a party breach this provision, it shall pay to the other party an agreed fee equal to the greater of R500,000 or six times the gross monthly remuneration of such employee or consultant, it being agreed that such amount represents a fair and reasonable estimate of the costs incurred in training, skilling and educating an employee employed to generate revenue for such party.
6. CONFIDENTIAL INFORMATION
a. We shall maintain the confidentiality of “The Client” Confidential Information and shall not use or disclose any of it without prior written consent except where it is necessary to fulfil our obligations to the “The Client” or required by law.
b. We will only disclose “The Client” Confidential Information to our group companies and to those of our officers, staff and professional advisors who need it to fulfil Orders or to give professional advice.
c. “The Client” responsibilities in respect of our Confidential Information are equivalent to those imposed on us by clauses 6.a. and 6.b. above.
d. We may name “The Client” in a general context, and to publicly announce our engagement by “The Client” on a project. Subject to your approval, we may use “The Client” name and brand in publicity material (such as white papers, or “The Client” specific case studies).
7. INTELLECTUAL PROPERTY
All intellectual property licensed to “The Client” or created by our staff, whether in the course of provision of services or not, shall belong to us or our licensors.
8. LIMITATION OF LIABILITY
a. Except for any deliberate unlawful act or gross negligence on our part, we shall not be liable for any indirect, consequential, incidental or special damages of any nature, or any loss of revenue or profit, whether or not in the contemplation of the parties and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability in delict or otherwise, which the “The Client” or any other party may suffer as a result of any delay in delivery of the goods and services ordered, or of any breach by us of any of our obligations under these conditions or out of any other cause whatsoever. b. We make no warranties relating to performance or fitness for purpose of software. “The Client” must satisfy themselves that software will substantially meet their needs and expectations. We will not be responsible to any party whosoever in any circumstances as a result of use of software or hardware.
c. If any liability in law should arise, our liability shall not exceed the price paid to us by the “The Client” for the software or services from which, or in relation to, the liability arose.
