Terms and Conditions
a. “e-Novate Solutions” shall mean “e-Novate Solutions (Pty) Ltd or its successors both in right and title.
b. “The client” shall mean the entity or person to whom this proposal is addressed.
c. “Product” shall mean the goods listed in proposals and quotes. e-Novate Solutions would like to bring to the clients attention that the (EULA) End Users License Agreement stipulated by the authors of the products is applicable, and furthermore that e-Novate Solutions cannot be held responsible for any omissions or errors inherent in this license. e-Novate Solutions will in any such case represent the client in such situations to the best of their ability and all such work will form part of our billable service.
d. “Services” shall mean work carried out by e-Novate Solutions on behalf of the client at the client’s request. This include support services requested by client via;
- i. Email
- ii. Support desk
- iii. Telephone iv. SLA covered and non-SLA covered work v. Requests
e. “Support Services” must be logged with the help desk by the client in order to receive service and expect response. Clients with SLA will receive preferential treatment according to the SLA level and non SLA client’s accordingly.
f. “Estimated Hours” shall mean the time based on previous experience and information gathered during the sales cycle for the implementation of product for the client’s site and is not a fixed quote.
g. “Price” shall mean the current price ruling from our distributor at the time of confirmation of order from the client. It must be noted that prices can change from time to time and E-Novate Solutions reserve the right to alter prices if changed by our distributors or suppliers.
h. “Billings” shall mean the hours worked by e-Novate Solutions employees both on and off site as defined our proposals, quotes or service agreement. It is also incumbent upon the client to authorize all work done by e-Novate Solutions within the scope of this contract.
i. “Payment” shall mean the amount of money due to e-Novate Solutions for work done or to be done, in accordance with the proposal or quote.
- i. Deposit of 50% of the proposal / quote value is required to secure the order.
- ii. Hardware payment of 100% is required when placing the purchase order before e-Novate will proceed with the ordering and installation of the hardware.
- iii. Software payment of 100% is required once the software is installed on the client’s infrastructure. The 50% deposit value will be set off against this total software value due.
- iv. Payments for project related services are billed 30 days in arrears and are due at end of next month.
- v. Payments for support related services are billed on closing the case and are due 30 days from invoice date if not covered by SLA.
- vi. Ownership of hardware and product only passes to the client on full payment, and are not refundable, nor returnable.
j. “e-Novate Solutions” cannot be held responsible for Hardware installed and maintained by third parties. e-Novate Solutions will however work with hardware vendors who have been appointed by the client.
k. “Work done by other business partners” on the product supplied by e-Novate, will release e-Novate from any responsibility should the product misbehave or malfunction subsequently.
l. “Development” shall mean a service, which entails software development and is subject to a separate proposal with its own terms & conditions. The separate T&C referred to – on specific request by the client – an “Escrow agreement”
m. “Out of Town Work” shall mean work carried out by e-Novate Solutions away from the greater Cape Town Area, and all travelling, accommodation and out of town disbursements will be for the clients account.
n. “Good Faith” shall mean that E-Novate Solutions has compiled and submitted this proposal with the assumption that the client has fully informed e-Novate Solutions of all the necessary deliverables and referential information.
o. “Client Representative” shall be a person who is given the required authority to act on behalf of the Client in all matters relating to the implementation and management of the contract or any service request via email or telephonic conversation.
p. “Additional Services” shall mean a service or function performed outside the scope of this contract, quote or agreement, and is subject to a separate proposal.
q. “Pricing”, unless specifically stated otherwise, is exclusive of Value Added Tax.
r. “Report” means standard reports that are supplied with the product. Any changes or custom reports is not covered by the proposals, unless specifically and separately quoted for.
s. “Support cases” will be considered closed within 3 working days should the client not respond to the closing request.