STANDARD TERMS & CONDITIONS 2021
- Payment
1.1 Payment of all invoices/statements are due upon presentation, without set-off or deduction. All payments received shall be applied in repayment of first, legal costs, thereafter interest and lastly capital, as the case may be.
1.2 Software purchases are made on a cash-on-delivery basis only.
- Interest
Interest will be charged on all overdue accounts at the rate of 24% per annum which shall be calculated monthly and capitalised annually.
- Credit Checks
The Customer agrees and herewith gives His/Hers/Their consent that Oracle may do credit checks and enquiries on His/Her’s/Their principals and sureties, with credit bureaus, banks or any other institution, for any purpose emanating from this agreement. Oracle may list any default account on any credit bureau’s data basis or divulge such information to any other interested party for the purpose of credit assessment, at its sole discretion. (We are ITC Accredited.)
- Rates/Increases
4.1 The Customer understands and agrees that the Oracle has an annual rate increase every February, such increase notification to be sent to the Customer one month prior to same taking effect.
4.2 The Customer agrees to Oracle’s current rates set-out in paragraph 15 hereof.
- Disputes
5.1 Any invoice/statements disputes are to be done in writing to the Oracle within 7 days of date of production of invoice/statement, failing which the Customer will not be entitled to any credit for support/sales supplied.
5.2 Not all remote support calls will not have a Job Sheet, but rather a recorded support log emailed directly from our website where you the customer have have created a Profile – then requested Support by filled in a “Customer Support Log”.
* Please note that all booked Support logs for services rendered have a 72 hour turnaround time from the time of booking.*
5.3 The Customer will inform Oracle from the outset should an Order Number be required on Invoices, failing which the Contact Person’s name will be used as reference.
- Costs
In the event of Oracle having to institute legal action to recover any amount in terms hereof, the Customer shall be liable for payment of all legal costs on the scale as between attorney and own client as well as collection commission of 10% on all payments.
- Jurisdiction
The Customer grants herewith consent to the Magistrate’s Court having jurisdiction in the event of legal action being taken arising out of any disputes relating hereto, irrespective of the amount applicable.
- Domicilium
The Customer chooses as his/her/its domicilium citandi et executandi for the service of all notices and processes in regard to any legal actions pertaining to this agreement, the address supplied on page one hereof.
- Ownership and risk
Ownership in and to any goods sold/supplied in terms hereof remain vested with Oracle despite delivery thereof, until all outstanding monies have been paid. Despite ownership being reserved, the risk and profit and loss in respect of the goods sold in terms hereof, shall pass to the Customer on delivery thereof. Delivery shall be effected upon the goods leaving the premises of Oracle.
- Exceptions
To The extent that they are tenable, the Customer hereby expressly renounces the benefits of the following special pleas : that there is no proper cause for the debt due; that the debt is to be split amongst joint debtors; that the sum due is incorrectly calculated; that the accounts should be debated or corrected; and that no value was received.
- Cession
The Customer hereby cedes, transfers and makes over to Oracle its right, title and interest in and to all its book debts both future and present of each and every kind, as security for the indebtedness of the Customer to Oracle arising from this agreement.
- Indemnity
The Customer indemnifies and holds Oracle harmless against all loss or damage, from any cause arising relative to this agreement. Without derogating from the generality hereof, Oracle shall not entertain any claim nor shall the Customer have any valid claim against Oracle, failing written notice within 7 days of delivery of the goods.
- Non-variation
Any alteration, release, relaxation or postponement of the terms hereby by Oracle shall not be binding in any way whatsoever unless it has indicated in writing that such action shall be binding. However, Oracle reserves the right to withdraw any credit facilities granted and/or software support/supply of goods, at any time, without notice and having to give reasons for such decision which right it may exercise in its absolute sole discretion.
- Suretyship
I/we the undersigned hereby bind myself/ourselves in my/our personal capacity as surety and co-principal debtor in solidum for all indebtedness of any nature which the Customer may now or in future be owing to Oracle. I/we hereby waive and renounce all benefits and rights which I/we may have under the legal exceptions divisionis and excusionis, the meaning of which I/we are fully acquainted with. I/we choose as my/our domicilium citandi et executandi the address as appears on Page 1 and agree to be bound to the terms and conditions as if personally contracted and that I/we will be bound to any variation, agreement or arrangement between the Customer and Oracle, without notice thereof to myself/ourselves.
- Consultants Rates excluding VAT: (Non Applicable to SLA Clients)
Remote, Telephonic Support & Onsite (Onsite please add on travel portion below) – R1,300.00 per hour excl. Vat
Travel / Callout – R1,300.00 per hour excl. Vat
Data Fixes – R1,550.00 per hour excl. Vat
*All support/ travel is charged in 15 min increments i.e.15 mins will be R325.00 excl. Vat*
Telephonic / email queries:
Due to the vast amount of emails, and telephonic queries we receive daily, which take up a huge portion of our day, we have no choice but to charge for this support in increments of 5 minutes at the above rates.
Please note the following:
Interest Charged on overdue accounts: All overdue accounts as per their terms will be charged interest at a rate of 10% p.a. All overdue accounts will be placed on hold until the full overdue amount, including the interest, is paid in full.
* Please note that all booked Support logs for services rendered have a 72 hour turnaround time from the time of booking.*
