Terms and Conditions
Please read our Agreement carefully and contact firstname.lastname@example.org if you have any questions.
THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR ENTITY) AND DATA MANAGEMENT PROFESSIONALS SOUTH AFRICA (PTY) LTD (“DMP SA” OR “WE” OR “US”) REGARDING YOUR USE OF THE SOLUTIONS AND/OR SERVICES AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “SERVICES”) PROVIDED BY DMP SA. BY USING OR INSTALLING THE SOLUTIONS AND/OR SERVICES AND/OR SOFTWARE (“SERVICES”), ALONE OR AS PART OF A BUNDLED OR MANAGED SERVICE, OR ANY UPDATES THERETO, YOU EXPRESSLY AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHALL NOT, AND SHALL HAVE NO RIGHT TO, USE THE SOLUTIONS AND/OR SOFTWARE AND/OR SERVICES IN ANY MANNER.
Acceptance of these Terms and Conditions includes the end user’s acceptance of the Metallic SaaS Service element Terms and Conditions found at https://metallic.io/msp-customer-terms-and-conditions
1.1. These terms and conditions may be changed. Notice of such change shall be communicated via email. Your continued use of services after such changes constitutes your acceptance of the new terms and conditions.
1.2. The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
2. PRIVACY AND POPIA
2.2. DMP SA endeavours to comply with the provisions of the Protection of Personal Information Act (“POPIA”) in its processing and storing of user data in that it obtains permission from the data subjects to use their personal information. DMP SA only uses the personal information for the purpose it was disclosed for and treats personal information as confidential
2.3. You agree that DMP SA may, for business purposes, collect, process, and use technical information (which does not personally identify you) together with limited personal data (inter alia names, business contact details), in each case gathered as part of any services provided to you.
3. PAYMENT AND DELIVERY TERMS
3.1. All amounts are quoted in ZAR, excluding VAT.
3.2. Services and usage projections are based on information provided.
3.3. Quotes and/or proposals are obligation free. Consultation costs for project proposals may be charged. Project Proposals are the property of Data Management Professionals South Africa (DMP SA).
3.4. Delivery terms and timelines will be confirmed upon acceptance.
3.5. New account registrations may be subject to a vetting and verification process.
3.6. Any additional services not included in the accepted quote and/or proposal, will be quoted separately.
3.7. Delivery overruns and delays caused by third parties or end customer actions, which are beyond the control of DMP SA, will be discussed and may be charged to the customer.
3.8. Prices may be subject to exchange rate fluctuations. Pricing changes shall be communicated 30 days in advance via email.
3.9. Acceptance of proposals and/or quotes, is deemed acceptance of the receipt of electronic format tax invoices, credit and debit notes, which will be transmitted via email, and the conditions thereto as required by SARS and in terms of the provisions of the Value-Added Tax Act for the issuing of tax invoices, credit and debit notes.
3.10. Invoicing: The services, including consultancy, will be invoiced in full on or immediately after purchase thereof, unless otherwise specified in the proposal and/or quote.
3.11. Use of the verified DMP SA ecommerce site and appointed payment processing third party service providers is deemed as acceptance of the terms and conditions of such third party sites.
3.12. DMP SA and its appointed payment processing third party service provider shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
4.1. Fixed Term and/or Subscription Agreements: Where applicable, any agreements will be in effect for a minimum of 12 months. Non-renewal of the agreement must be in writing not less than 3 months before the end of the Term.
4.2. Month-to-Month Agreements: Cancellation of monthly subscription services require calendar month notice to be submitted in writing to email@example.com
4.3. Cancellation due to force majeure from any of the parties involved in such way that they cannot perform their obligations must be made clear in writing. In case of force majeure, both parties are obligated to defer all or part of the execution of the contract, or if not otherwise possible, cancel parts of the contract. This does not relieve any parties of their obligation to make every effort, within reasonable expectations, to meet its obligations.
4.4. DMP SA is not obliged to deliver any outstanding services, which have not been delivered, if the order is cancelled by the customer. DMP SA however is entitled to payment for the work performed and a reasonable compensation for the cancelled portion of the signed contract.
4.5. All information provided to you by DMP SA is private and confidential. This means that proposals and/or documentation provided by DMP SA are not to be made available to third parties, either in writing or orally.
4.6. Prices and conditions are agreed to with the assumption that DMP SA is able to execute the services according to the project planning drawn up by DMP SA. DMP SA reserves the right to not reimburse any associated costs due to force majeure or where events and actions are beyond the control of DMP SA and have an identifiable effect on the time period needed for the project, causing the inability to perform the services according to the project planning.
4.7. Services can only be rendered where a valid software license is in place.
4.8. Finalisation of agreement and implementation of the Metallic SaaS Service element is subject to the end user customer’s acceptance of https://metallic.io/msp-customer-terms-and-conditions .
4.9. Service Specific: Metallic Deletion of Data. Upon expiration or termination of an end user’s subscription to a service, such customer shall have sixty (60) days from the termination date to access and restore the data backed up by Metallic. Metallic shall delete any customer data not sooner than sixty (60) days after the termination date. Egress fees may apply.
You shall remain solely liable for the content of any messages or other information you transmit or supply to DMP SA. You agree to indemnify and hold harmless DMP SA for any claim, action, demand, loss or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this agreement, or your violation of the rights of a third party.
6. EMAIL DISCLAIMER
6.1. The information in all email messages (document and attachments) sent by an employee/electronic agent/a legal member of DMP SA is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.
6.2. Internet communications cannot be guaranteed to be secure or error-free. Neither DMP SA nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will DMP SA or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.
7. APPLICABLE LAW
The terms and conditions pertaining to any services by DMP SA shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such products or services.
If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.
9. Errors and Omissions Excepted.