Support 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. PAYMENT:
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 software.

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. EXCLUSIONS:
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.