AD-HOC SUPPORT DISCLAIMER

 

 

1. Mindspring does not accept responsibility for out of warranty hardware repairs.

2. Mindspring will not be liable for collection or delivery of hardware repairs within the warranty period, if the product has a carry-in warranty.

3. Mindspring will not be liable for any loss of any nature, including consequential loss or damages, arising out of any failure, excluding negligence, by Mindspring or any of its employees or agents in carrying out the terms hereof. The Client will take all reasonable steps to report any difficulties at the earliest stage of detection.

4. All new client accounts will be strictly COD for 3 months. Thereafter, a 30-day account will be considered.

5. Should your account remain dormant for longer than 3 months, terms will be reverted to COD.

6. Fees for any services rendered in addition to those specified will be payable upon presentation of invoice.

7. Standard rates for after hours support are as follows: Monday to Friday 17h00 to 08h00 and Saturdays – 1.5 x the hourly rate for the technician involved. Sundays and Public holidays – 2 x the hourly rate for the technician involved.

8. Telephonic and email support will be billed in 15 minute increments. Billing will start after the first 5 minutes of telephonic support. The cost of this will be based upon the level of the technician who is handling the support query; i.e. if a senior technician handles the support query, the rate will be 25% more than the standard hourly rate. The billing of telephonic support will be done at the discretion of Mindspring’s technical support engineers.

9. If a payment is not made on the due date, Mindspring will not be obliged to provide further support, but may do so at their own election and without prejudice to their rights.

10. All arrears payments shall bear interest at a rate of 2% per month.

11. No relaxation or indulgence which Mindspring may grant the Client shall be binding on Mindspring or limit their rights hereunder.

12. Any dispute between Mindspring and the Client shall at the option of either party to the dispute be resolved by arbitration, to which the following provisions apply:

    1. the option shall be exercised by a party only by written notice to the other party concerned delivered before the institution of legal proceedings;

    2. there shall be a single arbitrator selected by agreement between the parties or, failing such agreement, nominated by the Chairman or Acting Chairman for the time being of the Bar Council of the Cape Town Bar Association;

    3. the arbitrator shall, in the arbitration, follow such formal and informal procedure as the parties may agree, or, failing agreement, as he/she directs;

    4. the arbitrator shall be empowered to take into account in his/her adjudication and his/her award, in addition to matters of law, considerations of business and financial principles, practice, efficiency, suitability and desirability and

    5. Save as otherwise herein provided, the provisions of the Arbitration Act 42 of 1965 shall apply to the arbitration.

13. The parties consent to the jurisdiction of the Magistrate's Court for the settlement of any and all disputes which may arise hereunder.

14. The Client shall be liable for costs on an attorney and client scale.

15. This disclaimer constitutes the whole agreement between the parties, superseding any prior or other verbal agreement and no variation hereof or addition hereto shall be binding unless recorded in writing and signed by both parties.