Agreements – Additional Terms

Agreements – Additional Terms

Last updated 1 March 2021

ADDITIONAL TERMS

These Additional Terms and Conditions (“ Additional Terms ”) are terms that relate specifically to the services below. The parties agree that these Additional Terms are each incorporated into the General Terms and a Service Order. In the event that there are conflicting terms, the order of precedence shall be as follows: Services Order, these Additional Terms and the General Terms.

A1 IQ RETAIL SUPPORT SERVICES

1.Definitions

1.1 IQ Retail:  Means the various application packages and utilities and products, provided by IQ Retail (Pty) Limited, a subsidiary of Kerridge International.

1.2  Report Writing : Means the writing of custom reports for The Client including, but not limited to any report writer, business Intelligence package, spreadsheets or any report writer embedded in IQ.

1.3  IQ issue:  Means an issue that requires access to IQ Retail’s software code or specialist knowledge of the inner workings and which only a specialist of IQ Retail can resolve.

1.4  Projects : Requests by the Client to enhance IQ my means of reports, Interfaces/ Integration with other software, changing data or migration to higher level packages that will take more than 2 hours to complete.

  1. IQ Support Services

2.1 Unless set out otherwise in the Service Order, IQ Support Services include

2.1.1 Installation of Product Updates.

2.1.2  Migrations for major releases of software.

2.1.3 Repair and recalculations of IQ database table.

2.1.4 Remote troubleshooting and resolving issues that are not IQ Issues.

2.1.5 Basic usability assistance to ensure that users are able to utilise IQ functionality.

2.1.6 Email, remote and telephonic support, and video conferencing between 08:00-17:00, South

Africa business days

2.1.7 Collaborating with IQ to resolve IQ Issues.

2.2 Unless set out otherwise in the Service Order, IQ Support Services exclude:

2.2.1 Installation or implementation of IQ products, that are deemed projects.

2.2.2 IT Infrastructure support which includes, but not limited to, Hardware and related software, network, backups, and computer security.

2.2.3. Projects

2.2.4 After hours usability support, including public holidays, unless included in the Service Order.

 

A2 .  Remote Management and Monitoring (RMM) Service

1.Definitions

1.1  Remote management and monitoring service means services the proactive monitoring and determining the root cause of any issues within The CLIENT’S IT infrastructure environment.

1.2 IT Infrastructure includes, but is not limited to, servers, workstations, and networks.

  1. Service

2.1 Unless set out otherwise in the Service Order, the service includes:

2.1.1 The software that caries out the remote management and monitoring service.

2.2.2 Generating alerts (tickets), trouble shooting and reporting issues to the CLIENT.

2.2.3 Provide periodic “health reports” to the CLIENT about the IT infrastructure

2.2.4  Email, remote and telephonic support, and video conferencing between 08:00-17:00, South Africa business days

2.2 Unless set out otherwise in the Service Order, the service excludes:

2.2.1 After hours usability support, including public holidays, unless included in the Service Order.

2.2.2 Repairs of any component of the IT Infrastructure

A3 Workstation Services:

  1.  Definitions

1.1  Workstations include desktop computers, laptop computers, terminals that are used by the CLIENT’s staff to carry out their duties.

  1. Service

2.1 Unless set out otherwise in the Service Order, the service includes:

Microsoft OS Support
Online Asset management, Support Request management
Desktop Optimization
Spyware/Malware/Adware Removal on devices covered under this agreement, IF the infection originated on a device under agreement
Windows Patch management
Anti-Virus software management, if our preferred product is used.
Email, Telephonic, Remote Support between 08:00 and 17:00, South African Business Days.

2.2 Unless set out otherwise in the Service Order, the service excludes:

2.2.1 After hours usability support, including public holidays, unless included in the Service Order.

2.2.2 Site visits to the CLIENT

A4. Server Services:

1 Definitions

1.1     Servers  means any computer that shares its resources with a number of users.

1.2     Resources  include but is not limited to storage, applications, networking, printer management,

  1. Service

2.1 Unless set out otherwise in the Service Order, the service includes:

  •  Microsoft OS Support
    Online Asset management, Support Request management
    Desktop Optimization
    Spyware/Malware/Adware Removal on devices covered under this agreement, IF the infection originated on a device under agreement
    Windows Patch management
    Anti-Virus software management, if our preferred product is used.
    Email, Telephonic, Remote Support between 08:00 and 17:00, South African Business Days.

2.2 Unless set out otherwise in the Service Order, the service excludes:

2.2.1 After hours usability support, including public holidays, unless included in the Service Order.

2.2.2 Site visits to the CLIENT

A5. Anti-Virus

1 Definitions

1.1     Anti-Virus Software,  also known as anti-malware, is software that is deployed to prevent,

detect, and remove malware on a computer.

  1.  Additional Terms

2.1 Anti-Virus SOFTWARE is provided subject to the acceptance of the anti-virus vendor’s standard terms and conditions by THE CLIENT, a copy of which can be obtained from ITBLUE.

2.2 Updates and upgrades may require an active internet connection and will use bandwidth.

2.3 Neither TBLUE nor the Anti-Virus vendor provide any guarantee regarding the suitability or effectiveness of the software, and it is provided As-Is.    It is accepted by THE CLIENT that Anti-Virus is one layer of protection against viruses/malware and that additional layers like backups and operating patches are required to address security concerns.

  1. Service

3.1 Unless set out otherwise in the Service Order, the service includes;

3.1.1 Installation and updating of the anti-virus software.

A6. Backup Services

1 Definitions

1.1 A backup, or data backup is a copy of computer data transmitted and stored on a cloud server vs stored separately from the original so that it may be used to restore the original in the event  of a loss of data incident.

  1.  Additional Terms

3.1 Backup SOFTWARE is provided subject to the acceptance of the Backup Software vendor’s standard terms and conditions by THE CLIENT, a copy of which can be obtained from ITBLUE.

3.2 Updates and upgrades to the software and data backed up to or retrieved may require an active internet connection and will use bandwidth.

3.3 Neither ITBLUE nor the Backup vendor provide any guarantee regarding the suitability or effectiveness of the software, and it is provided as-Is.

3.4 Due to the nature of the service provided, ITBLUE does not represent or warrant, despite its best efforts, that the Service or The CLIENT’s use thereof will be uninterrupted or error free, that defects will be corrected or that Service or the server that makes it available are free of viruses or other harmful components.

3.5 ITBLUE Accepts no responsibility for data loss of any kind where the THE CLIENT or one of our agents assisting the Customer does NOT select the correct data to back up. THE CLIENT is solely and exclusively responsible for the selection of data to backup and for verifying that the correct data is being backed up on an ongoing basis. Any actions of our agents in selecting data will be deemed to have been on instruction from THE CLIENT and in providing assistance to THE CLIENT in setting up a valid back up selection. During the registration process, a password and encryption key may be automatically allocated to THE CLIENT by ITBLUE alternatively THE CLIENT may assign the required password and encryption key. THE CLIENT shall keep the password confidential and immediately notify ITBLUE if any unauthorized third party becomes aware of the password or if THE CLIENT becomes aware of any unauthorized use of the password and breach of security. THE CLIENT certifies that any person to whom its password and encryption key is disclosed is authorized to act as its agent for the purpose of using the service. THE CLIENT is entirely responsible for any loss or damage it may suffer as a result of not maintaining confidentiality of access to its ITBLUE account. ITBLUE shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions or agreements entered into through the use of the Service. THE CLIENT specifically agrees that ITBLUE is not responsible for any content or data sent using and/or included in the Service. For the avoidance of doubt any data which is incomplete, infected with a virus or has any other defect, maybe encrypted with all defects, compressed and transmitted to the ITBLUE platform. In the event that data is required to be restored to THE CLIENT, the data will be restored in the same condition, i.e. any defective or corrupt data will be restored to THE CLIENT computer ITBLUE and/or its suppliers, shareholders, directors and employees make no representations about the suitability, reliability, availability, timeliness, security and accuracy of the Backup Service for any purpose

3.6 Otherwise than provided for in law, in no event shall ITBLUE and/or its suppliers, shareholders, directors and employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Backup Service, with the delay or inability to use the Backup Service, the provision of or failure to provide the Service, whether based on contract, delict, negligence, strict liability or otherwise, even if ITBLUE have been advised of the possibility of such damages. THE CLIENT ‘s sole and exclusive remedy is to discontinue using the Backup Service.

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