XPAND IT GENERAL TERMS OF BUSINESS
Xpand IT Proprietary Limited, registration number 2012/060017/07, (“Xpand IT”) provides IT support and outsourced IT solutions to their customers. These General Terms of Business (these “Terms”) read together with the applicable service level agreement (each an “SLA”) will govern your relationship with Xpand IT as a customer and user of the Xpand IT services. Depending on your relationship with Xpand IT you may sign more than one SLA; these Terms must be read together with each SLA that you conclude and each SLA read with these Terms will be a separate and distinct contract. If there is any conflict between the terms of these Terms and those contained in any SLA, the terms and conditions of the SLA shall prevail. If the parties agree in a SLA to amend any of these Terms, such amendment shall only apply to that particular SLA, unless the amendment expressly states that such amendment will apply to these Terms and all SLAs. By signing these Terms, you agree to the following terms and conditions:
- COMMENCEMENT AND DURATION
1.1) These Terms commence on the earlier of: (i) the date of signature of these Terms by the last party; (ii) the start date of the relevant SLA; or (iii) the date on which Xpand IT first provided the Services to you (the “Effective Date”), and will continue indefinitely thereafter unless otherwise terminated according to these Terms.
The Services provided to you by Xpand IT will be subject to the exclusions that are set out in the applicable SLA.
6.1) Xpand IT shall ensure that: (i) the Services will be performed by appropriately experienced and suitably qualified personnel in a proper and professional manner, in accordance with good industry practice and its own established internal procedures; and (ii) it will observe all statutory health and safety requirements imposed on it in terms of applicable legislation to the Services.
In order to receive the full benefit of the Services from Xpand IT you will be required to perform functions as detailed in the applicable SLA.
All risk of loss or damage to any products supplied by Xpand IT will pass to you upon delivery thereof to yourpremises. Ownership (excluding licensed software) and the release by Xpand IT of any domain names and access shall pass to you only as and when Xpand IT has received payment in full in respect of such products and full settlement of your account.
10. BREACH, SUSPENSION, TERMINATION AND DISPUTES
9.3) If, during the period in clause 9.2, a party employs any employee of the other party then that party shall pay a placement fee of 25% of the gross annual package exclusive of bonuses and incentives (where applicable) to the other party within 14 days of such party’s employee’s acceptance of such placement.
13. SUB-CONTRACTORS
Xpand IT shall have the right to sub-contract such persons as it in its reasonable discretion considers necessary to enable it to fulfil its obligations. Xpand IT shall remain responsible for the performance of its obligations under these Terms by any of its sub-contractors.
14.1) The parties choose as their address for receipt of all notices (legal or otherwise) under these Terms the respective addresses contained on the signature page.