By signing our
"Agreement for IT Support" contract you agreed to these terms &
1. PARTIES TO THIS AGREEMENT:
1.1. Diamond Integrated Solutions cc (Herein after referred to as
the Contractor) and the entity entered on the front hereof under
"Client" (herein after referred to as the Client)
2.1. The Client will be liable to pay the amount as stipulated under
"Total Monthly Amount" on Page 3 of this document over to the
Contractor by means of debit order into the bank account as
stipulated by the Contractor.
2.2. All payments due to the Contractor as a result of this
agreement will be due in advance and must be made on the first day
of each month, where the first day of the month falls on a Sunday or
a Public Holiday the payment must be made on the first working day
following the Sunday or Public holiday.
2.3. The Client remains liable for the payment of the monthly amount
until the agreement is cancelled by giving 3 months (90 Days)
written notice delivered via registered post.
3. SERVICE & CONDITIONS:
3.1. The service provided under this agreement will be deemed to
have commenced after the last party accepts the terms and/or
conditions contained herein by placement of that parties signature
on this document (irrespective of whether the last party is the
Contractor and or any of it's representatives and/or the Client
and/or any of the Client’s representatives) and the first monthly
amount is paid by the Client and has been accepted and cleared by
the Contractor’s banking institution.
32. Only computer hardware, peripherals and components as is
specified on page 3 of this agreement will be covered and then only
under the conditions and stipulations as contained in this
agreement. No alterations to the conditions of this agreement will
be accepted unless both parties agrees to such alterations in
writing and such written agreement is attached to this contract as
an addendum to it.
3.3. The Contractor hereby agrees to repair and/or replace any
faulty computer hardware, peripherals and components specified on
page 3 of this agreement and to make such repairs and/or replacement
on the premises of the Client.
3.4. The Contractor also undertakes to minimize the downtime of any
computer, peripheral and component covered under this agreement to 2
hours, where it is improbable to effect repair within this time the
Contractor will remove the damaged item and replace it with a
similar item that is in good working order.
3.5. The Contractor retains the right to repair items that have been
removed at its own premises and to return and reinstall the repaired
item once repaired.
3.6 The Contractor shall not be liable for any damage and/or loss
suffered by the Client as a result of breakdown and/or malfunction
of any or all parts supplied and/or repaired by the Contractor other
than the cost of replacement of such parts regardless of whether
such parts was provided or repaired by the Contractor.
3.7. Any claim that the Client may have in terms of this agreement
will be forfeited and nullified if it is determined that repairs
and/or replacements and/or adjustments of any kind was performed to
or on any item covered under this agreement, whether directly and/or
indirectly, by any party other than the Contractor or a party that
the Contractor recognizes as a supplier of computer hardware and/or
3.8. Only items and/or parts of which the serial numbers were
provided and entered in the space provided on page 3 of this
document on acceptance of this agreement by all parties will be
covered under this agreement. Where serial numbers have changed as a
result of the Contractor adhering to the obligation of this
agreement the Contractor will inform the Client of such changes in
writing and the Client will have to produce his/her/their copy of
such notification on request thereof.
3.9. The Client will be required to inform the Contractor of any
upgrade on any item or any number of items covered under this
agreement. On receipt of any such notice the Contractor will have
the option to cancel this agreement in full or any part thereof,
and/or to adjust premiums according to the changes that was made.
3.10. In any event where a person other than the Contractor or a
qualified computer technician that is in the full-time employ of a
bona fide computer hardware and/or Software supplier performs an
upgrade to the covered items and unless the technician issues the
Client with a valid invoice and warranty certificate for all the
work carried out the Contractor will cancel this agreement or any
portion thereof with immediate effect.
3.11. In any event where the parts used for the upgrade is not new
or unused the agreement or any part thereof will be terminated by
the Contractor unless such parts is supplied and installed by the
Contractor or a representative of the Contractor.
4. SOFTWARE & DATA:
4.1. It is further agreed upon by both parties that the Contractor
will in no way/manner/means be held liable or accountable for loss
of data/software or damage to data/software irrespective of whether
such data/software forms part of the computer, any peripheral
attached or to be attached to the computer and whether such
data/software was issued by the supplier thereof with, or installed
on the computer or not.
4.2. Any loss incurred by the Client in terms of software, data,
time, effort and money will be for the sole account of the Client.
The Contractor will not be liable in any way/means/manner regardless
of whether such a loss was the result of hardware failure due to
neglect and or negligence on behalf of the Contractor and or any
agent and/or supplier of the Contractor. The Client will have no
claim of any kind against the Contractor other than the repair
and/or replacements of damaged hardware and/or peripherals.
4.3. Both parties agree that the Contractor issues no warranty with
regards to the compatibility of any software/hardware or peripheral
device/s currently installed or to be installed on the Clients'
computer whether such a warranty is implied or expressed.
5.1. Both parties acknowledges and agrees that the Contractor will
have no obligation to the Client in terms of this agreement if and
when problems with the hardware and/or peripheral device/s covered
under this agreement is in any way related to:
(a) Software clashes and/or incompatibility between programs.
(b) Consumables e.g. Drum assemblies & Toner for printers, Stiffy
disks or Optical media etc.
(c) Telkom and/or Internet Service Provider failure and/or
insufficiencies and/or incompatibilities.
(d) Virus infections or malicious software/programs.
5.2. In the above instances the Client may call the Contractor for
assistance however the Contractor shall be entitled to charge the
Client a market related fee in terms of a “call out fee”, labour and
the actual cost of items, parts or peripherals that require
replacement as a result of damage due to 5.1.(a) – 5.1.(d) above.