SERVICE AGREEMENT SELF GROUP OF COMPANIES (PTY) LTD. Registration number:.. entered into between:

Transcription

1 SERVICE AGREEMENT entered into between: SELF GROUP OF COMPANIES (PTY) LTD (Registration number: 2016/280545/07 VAT Number: And Registration number:.. VAT Number:.. Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196 Page 1

2 WHEREBY IT IS AGREED AS FOLLOWS: 1. INTERPRETATION AND PRELIMINARY 1.1. The headings of the clauses in the agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the provisions of this agreement The following terms shall have the meaning assigned to them hereunder and cognate expressions shall have a corresponding meaning "Agreement". annexures or schedules hereto; " Client " CLIENT with registration number [Insert registration number], a private limited liability company duly incorporated in terms of the laws of the Republic of South Africa; "Business Day" means any day which is not a Saturday, Sunday or officially recognised public holiday in the Republic of South Africa; "Self Group of Companies means SELF GROUP OF COMPANIES (Pty) Ltd with registration number [2016/280545/07], a private limited liability company duly incorporated in terms of the laws of the Republic of South Africa; "Effective Date" means the date on which the condition precedent contemplated in clause 3 is satisfied; "Parties" means the SELF GROUP OF COMPANIES Pty Ltd Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196 Page 2

3 means any one of the Parties, as the context may determine; "Services" means Information Technology and all incidental and related services; "Signature Date" means the date on which this Agreement is signed by the Parties, and if signed on different dated, the last of such dates; "the Act" means the Companies Act, Expressions defined in this Agreement shall bear the same meanings in schedules or annexures hereto which do not themselves contain their own definitions Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause The rule of construction that an agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement shall not apply. 2. RECORDAL Whereas 2.1. SELF GROUP OF COMPANIES is a service provider engaged in the provision of Information technology and incidental services to clients in various regions in the Republic of South Africa; 2.2. CLIENT is a company offering specialized The Parties therefore enter into this Agreement to set out the basis upon which Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196 Page 3

4 3. SERVICES 3.1. SELF GROUP OF COMPANIES shall provide the following Services to the Clients General Information technology support systems Manned telephone and monitored support Planned or Emergency onsite assistance 3.2. The cost for the Services payable by the client shall be the amounts agreed between the designated service providers and the client The client shall be responsible for all payment. 4. STANDARD OF SERVICE The Self Group of Companies shall provide personnel that are technically competent to render the Services under this Agreement to a reasonable standard. FEE FOR SERVICE The parties Agree on... Package that will cost R... Contract Value only covers call outs and technical support services Contract Value, excludes any additional charges on hardware, Software, Configuration costs on New projects and Travel cost if outside of Sandton Contract value to be serviced monthly at the start of each new month for cover for that Month 5. BREACH If any Party breaches any material provision or term of this Agreement (other than those which contain their own remedies in the event of a breach thereof) and fails to remedy such breach within 15 (fifteen) days of receipt of written notice requiring it to do so (or if it is not reasonably possible to remedy the breach within 15 (fifteen) days, within such further period as may be reasonable in the circumstances) then the aggrieved Party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict, to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved Party's right to claim damages. Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196Page 4

5 6. DOMICILIUM CITANDI ET EXECUTANDI 1.1. The Parties choose as their domicilium citandi et executandi for all purposes 1.2. under this Agreement the following addresses SELF GROUP OF COMPANIES Physical: Atrium on 5th, 9th Floor, 5th Street,Sandton, Johannesburg,2196 Postal: Postnet suit 3238 P/bag X Rustenburg 0300 Tel: CLIENT Physical: Postal: Tel: 1.3. Any Party may by written notice to the others change their aforesaid domicilium citandi et executandi. Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196 Page 5

6 1.4. All notices delivered by hand or sent by prepaid post by any party to the others shall be presumed to have been received at the time of delivery or on the 5th (fifth) business day following the date of posting, as the case may be Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent or delivered to their chosen domicilium citandi et executandi. 7. SEVERABILITY Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 8. WHOLE AGREEMENT, NO AMENDMENT This Agreement constitutes the whole Agreement between the Parties and no representations or warranties not contained herein shall be of any force or effect unless are in writing and signed by both Parties. SIGNED by the Parties on the following dates and at the following places respectively: Signed at on 2019 (on behalf of SELF GROUP OF COMPANIES(PTY) LTD and who warrants that he is duly authorised) Signed at on 2019 (On behalf of CLIENT NAME and who warrants that he is duly authorised) Atrium on 5th, 9th Floor, 5th Street,Sandton,Johannesburg,2196 Page 6

7 SLA RATES -= No SLA Agreement=- -= BASIC =- -= STANDARD =- R395/hr initial Call out (1hr) R2,600/month R4,000/month Limited Telephonic Support No Remote Support 24hr Call-to-Fix time Standard Hardware Pricing 4X Hours Support incl. callouts 1X Hour proactive support Basic telephonic support 8hr Call-to-Fix time 3% discount on hardware -= EXECUTIVE =- -= PREMIUM =- R5,600/month R6,900/month 8X Hours Support incl. callouts 4 hours proactive support Premium telephonic support 4hr Call-to-Fix time Online account manager Online server monitoring and backup management 10% Discount on hardware 6X Hours Support incl. callouts 2 hours proactive support Advanced telephonic support 8hr Call-to-Fix time 5% Discount on hardware -= Extra Info =Weekends + Public holidays.saturday s Time and a Half Sundays + Holidays Double time.contract clients receive support at the following rates beyond contracted hours: R350/hr (Office Hours). Unlimited Support hours incl. callouts (50 PC Limit) Unlimited proactive support Premium telephonic support 4hr Call-to-Fix time Standard weekend rates apply. Online account manager Online server monitoring and backup management.travel beyond a 10km radius Automatic updates will be charged at R7.00 p/km. Full reporting on callouts history.telephonic support will be Inventory management charged at standard labour Anti-Virus Management rates, and billed against 10% Discount on Hardware agreement..hours are not accumulated. All agreements which cover more than 50 PC's are tailor All prices exclude VAT. made to suit each clients needs. Please contact us for more information. How to request for IT support Payment terms: The following discounts percentages will only apply if payments are made withing the stipulated number of days from invoice date 15 days- 10% 21 days- 3.5% 30 days- 2.5% No discounts will apply on any invoices past their payment due dates: