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TERMS and CONDITIONS IntelliServe
BY REGISTERING ON THIS App AND / OR USING ANY SERVICES OFFERED ON THIS App AND ASSOCIATED WEBSITES AND DATABASES, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMERS.
The access to and continued use of the IntelliServe application (the “App”) at the domain web.intelliserve.co.za, and www.intelliserve.co.za and www.digg-it.co.za (the “Sites”) constitutes your acceptance of and compliance with the following provisions contained herein, INCLUDING UPDATED TERMS AND CONDITIONS.
You must familiarize yourself with these provisions and if you do not agree with it, you should immediately discontinue the use of the App and App. The last revision date for these terms and conditions is set forth below.
Last revised: 11 August 2017
DIGG-IT reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the App and it is your obligation to periodically check these terms and conditions at the App for changes and updates. Your continued use of the App following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.
a. IntelliServe – cloud based ticketing, job card, workflow, client management, quoting, invoicing, auto-communication software as a service including all built-in features and future released built-in features not listed herein
b. Web-Service or The Sites or The App, – Cloud based databases and software, including IntelliServe as defined in 1a, and including all features and services available at www.intelliserve.co.za; web.intelliserve.co.za; www.digg-it.co.za;
c. Mobile Application, or The App – IntelliServe mobile application for IOS and ANDROID devices on which job cards are deployed to registered users
d. DiGG-IT – Owner of The App and the Sites, registered company in South Africa, and service provider to The Client and Users
e. The Clients or You - the entity, either a registered business, department, or individual that has registered an account to use The App or The Sites
f. User – a user created in The Client’s account to have access rights and privileges in the App and, or, the Sites.
g. ‘Bugs’ - an error, flaw, failure or fault in the system that causes it to produce an incorrect or unexpected result, or to behave in unintended ways.
2. Reserved Rights and Grant of Limited License
DIGG-IT owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the App ( the "Information"). You are granted a limited license to access and to use short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. DIGG-IT will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.
The App, wholly owned by DiGG-IT Technologies (Pty) Ltd, is a cloud-hosted work flow and job management software-as-a-service for small and medium enterprises, accessible to paid-up license holders via internet browser and linked mobile job card application.
3. Provision of Service
DiGG-IT will offer a 31 day free trial of the App for the purpose of evaluation only. Following the evaluation, the Client has no obligation to continue to use the App. DiGG-IT has the right to suspend or terminate the App and refuse any and all current or future use of the App for any reason at any time. Clients who sign up for IntelliServe will receive their login details within 1 working day of signing up for the App.
DiGG-IT reserves the right to suspend or terminate the App and refuse any and all current or future use of the App for any reason at any time. Use of the App may be cancelled by the Client at any time, cancellation will be effected at the end of the following month. To cancel the service, please send an email to email@example.com. Refunds for part month's services fees are not available. DiGG-IT will not be liable for any expenses accrued by The Client in setting-up the account on The App or Sites, nor future expenses arising from the setting up of App or Site account.
The App may contain links to other Apps. These links are provided as references to help you identify and locate other Internet resources and shared data via APIs that may be of interest or relevance to conclude a inter-software data exchange or query. These other Apps were independently developed by parties other than DIGG-IT, and DIGG-IT does not assume responsibility for the accuracy or appropriateness of the information contained at such Apps. In providing links to other Apps, DIGG-IT is in no way acting as a publisher or disseminator of the material contained on those other Apps and does not seek to control the content of, or maintain any type of editorial control over, such Apps. A link to another App should not be construed to mean that DIGG-IT is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other Apps. The mention of another party or its product or service on the App should not be construed as an endorsement by DIGG-IT of that party or its product or service.
6. Advice or Warranties
The Information on or about the App including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the App without seeking the advice of a professional. DIGG-IT is not responsible for any content or information that you may find undesirable or objectionable.
a. DIGG-IT will not be responsible nor may be held liable for any direct, indirect, special, incidental or consequential damage or costs, or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the App or in reliance on the information available on the App, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
b. DiGG-IT will not be liable for any losses or costs due to the procurement of new hardware, third party software licenses, third party services or contracts of any nature that the client deems necessary for the operation of the app or the sites, whether such losses, costs or procurements were recommended by DiGG-IT or its representatives or not.
8. Trademarks Certain words, phrases, names, designs or logos used on the App may constitute trademarks, service marks or trade names of DIGG-IT or other entities. The display of any such marks or names on the App does not imply that a license has been granted by DIGG-IT or other entities for use thereof.
DiGG-IT will bill the client applicable fees as per DiGG-IT’s billing rates accessible by writing to info@intelliServe.co.za for any customisation or support including new features or objects, altering existing features or objects, new print-out and report designs, altering existing print-out and report designs, new user roles, amending existing user roles, creating new users, altering existing users, creating or updating client company settings, restoring system to previous back-up data point, setting up or adjusting automated communications and templates, importing data, exporting data, integration with third-party software or applications except where
a. The customisation is required as a direct result of any ‘bugs’ in the App or the Site’s code
b. The client has an up-to-date support contract with DiGG-IT. Up-to-date means paid in advance on the 1st of the month.
c. Prior arrangements have been made, in writing, with DiGG-IT and authorised by DiGG-IT in writing
a. Any Party may need to provide, collect, use, store or process Personal Information of the other Party. Each Party hereby authorises such collection, use, storage and processing where the need arises.
b. Every Party shall only provide, collect, use, store or process Personal Information:
i. in compliance with the South Africa Protection of Personal Information Act ( POPI);
ii. as is necessary for the purposes of this agreement; and
iii. in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
c. All Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
d. DIGG-IT shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy as may be notified to the Customer from time to time, as such document may be amended by DIGG-IT in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for DIGG-IT to use reasonable commercial endeavours to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by DIGG-IT in accordance with the archiving procedure described in its Back-Up Policy. DIGG-IT shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by DIGG-IT to perform services related to Customer Data maintenance and back- up).
e. DIGG-IT shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by DIGG-IT in its sole discretion.
f. If DIGG-IT processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
i. The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to DIGG- IT so that DIGG-IT may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer's behalf;
ii. the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
iii. the Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
iv. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
11. Computer Viruses
Every effort is made to ensure that all information provided at the App does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
12. Conformance with Law
Your use of the App shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
13. Applicable Law
The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
14. Disclaimer of Warranties and Limitation of Liability
DIGG-IT makes no representations or warranties of any kind, express or implied, as to the operation of this App or the information, content, materials or products included on this App. You agree that the use of this App is at your sole risk. You should not assume that the App will be error-free or that the App will operate without interruption. DIGG-IT does not warrant that this App, its servers, or e-mails sent from it are free of viruses or other harmful code. DIGG-IT will not be liable for any damages of any kind arising from the use of this App, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.
15. Terms of Payments
DIGG-IT accepts monthly license payments via debit order, and we process debit order payment in using the Sage Pay debit order facility. DiGG-IT Technologies uses Sage Pay to facilitate debit orders. Sage Pay is an authorized financial services provider (2001/019308/07) under the South African Financial Advisory and Intermediary Services (FAIS) act 2002
BY REGISTERING ON THIS App AND / OR USING ANY SERVICES OFFERED ON THIS App YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.