Techtron Agreement Terms

  1. Agreement
    • The Client wishes to employ the services of Techtron to supply, maintain and support their computer hardware and software and Techtron is hereby appointed, with effect from the commencement date, to supply maintain and support the Client’s computer hardware and software.
  1. General
    • For a list of services included and pricing see the latest invoice or quote linked to the Reference Number.
    • Quoted pricing and Techtron’s scale of charges may be subject to change on 30-day notice to the Client.
    • All Prices, quotes and scale of charges exclude VAT, and are subject to the terms and conditions contained herein.
    • In order to confirm this order, the agreement must be signed by both parties and setup fees paid.
    • In cases where the client’s requirements change the issues will be discussed and new quote supplied.
    • All monthly Services that include hardware or software remain the property of Techtron.
    • The service schedule may change from time to time, the Client will be notified of any changes 30 days in advance.
    • The number of users/devices will be automatically adjusted up or down as per the agreement.
    • Techtron’s support will be available from Monday to Friday during business hours from 08h30 to 17h00, unless otherwise agreed in writing. Techtron’s after-hours support will be available to the Client on Saturdays, Sundays and Public Holidays and at times outside of business hours.
  1. Commencement and Termination
    • The commencement date of this agreement is the date signed above on this agreement.
    • This agreement is based on a 12-month agreement from date of signature and may be cancelled at any time by either party by giving a two full calendar months’ written notice to the other party, unless specified otherwise on the quote.
    • Agreements based on 24-months, require 4 calendar months written notice and 36-month agreements require 6 calendar months’ notice, by either party.
    • Upon termination of this agreement for any reason whatsoever, and in addition to the rights granted to it herein Techtron will be entitled, without prejudice to its other rights or remedies aforesaid, to remove all copies of the unpaid software or hardware already installed in the system and suspend all deliveries of and any further installation of software, hardware or services in terms of this agreement.  The Client will be liable for all costs incurred by Techtron in connection with the recovery of the software, hardware or money owing by the Client to Techtron, which costs will be paid on an attorney and own client scale.
    • Any annual Microsoft Licenses will become fully due on the date of termination.
  2. Obligations of the Parties
    • The Client:
      • undertakes to inform Techtron of any faults, problems or configuration changes in or in respect of the hardware/software as soon as possible after any such fault or problem is discovered or configuration is made and will provide Techtron’s personnel and engineers with reasonable access to all equipment associated with the computer system on which the software is operating, upon arrival of Techtron’s personnel and/or engineer at the Client’s premises;
      • will allow Techtron to carry out repairs or adjustments at the Client’s premises and to perform any services required in terms of this agreement;
      • will make available, upon request, relevant software configurations, equipment layout and network settings;
      • will allow the equipment to be taken to Techtron’s workshop for any repairs that cannot be carried out at the Client’s premises.
      • The Client is responsible for insuring the equipment while the equipment is on the Client’s premises or within the Client’s control.
  • Techtron:
    • will perform remedial maintenance designed to rectify any errors as logged with Techtron by the Client on the specified hardware/software components;
    • will familiarise itself with the Client’s sites;
    • will notify the Client in the event of infrastructure changes at Techtron;
    • undertakes that no work (excluding regular maintenance) will be carried out by Techtron without the Client’s knowledge or authorisation and a service report will be made available to the Client after any work has been undertaken by Techtron for the Client.
  1. Techtron’s Equipment and Maintenance
    • The Clientis responsible for any equipment owned by Techtron while it is located on the Client’s premises and the Client will only use Techtron’s equipment and any associated software in accordance with the manufacturer’s instructions and/or Techtron’s instructions and/or software license.
    • Techtron shall not be liable for any damage or loss resulting from a fault of any kind within the hardware or software supplied.
    • All risk of loss or damage regarding all Techtron’s equipment on the Client’spremises will reside in the Client for an amount equal to the full replacement value of Techtron’s
    • All vendor supplied equipment shall carry that vendor's warranty and guarantees where applicable.

 

  1. Technical
    • All workstations must meet the following minimum requirements to be covered by any contract.  CPU: i3 (Gen 5 or higher), RAM: 8Gb, HDD: 250GB(Preferably SSD), OS: Windows 10 Pro, Age of Hardware: Less than 5 years old. If the workstation falls below the recommended specification all support may be billable.
    • All Software must be fully supported by the vendor with valid support agreements.
    • The onus is on the Client to indicate the license and device requirements.
  1. Specific T Service
    • All T Service Agreements exclude Moves, Adds or Changes (MAC) and will be billed per hour/fixed fee or quoted. This includes items such as new users, reloads or project work.
    • All T1 Agreements exclude onsite work.
    • All T3 / Co-Managed Agreements require a full-time onsite IT person to field first line support calls.
    • Standard labour rate is R850.00 per hour during business hours, R1500.00 after hours and project work is billed at R1800.00 per hour, all rates exclude VAT and are subject to review annually from the commencement date , unless agreed otherwise.
  1. Standard Service Level Agreement
    • The Client will receive a preferential call out once a critical fault has been reported and Techtron will attend on site during business hours. The expected response time of Techtron in the event of a server or critical infrastructure fault is within 4 hours from detection or reporting. The expected response time of Techtron in the event of a critical desktop fault is the next business day after the fault is detected or reported.
    • The minimum time for a call out is 1 hour and thereafter is recorded in increments of 30 minutes. The minimum time for remote support is 15 minutes and thereafter is recorded in increments of 15 minutes.
    • Certain services may have specific and or different service levels defined, these will be communicated as part of the service offering.
    • Low: Single user experiencing a minor inconvenience, or a Move/Add or Change request: First Response 4hrs Resolved 24hrs
    • Medium: Multiple users experiencing a minor inconvenience or single user unable to work: First Response 4hrs Resolved 16hrs
    • High: Multiple users experiencing a moderate disruption to their work: First Response 2hrs Resolved 12hrs
    • Critical: Multiple users unable to work and there is no workaround: First Response 2hrs Resolved 8hrs
    • All hours related to SLA refer to Business Hours only.
    • Managed Firewalls include next business day resolution or workaround for any critical issues with the firewall.
  1. Backups
    • All Managed Techtron server backups include the following, backups are checked daily via our monitoring systems, a manual weekly check is performed by an engineer, a random file restore check is performed every 2nd
    • If any managed backup should fail for more than 2 days, an engineer will be assigned to investigate and resolve.
  1. Fees and Charges
    • Techtron will charge the Client a monthly maintenance charge, and on-demand service charge and a training charge in accordance with Techtron’s scale of charges in force at the time.
    • Techtron’s current scale of charges includes only the standard charges of Techtron as set out therein and the cost of any material supplied in addition to that set out in Techtron’s scale of charges or rendered necessary by the order of any Government, telecommunications or Municipal authority, will be paid separately and in addition to any other fees and charges payable by the Client in terms of this agreement.
    • Techtron’s maintenance charges are payable by the Client monthly within 7 days of the presentation of an invoice from Techtron in respect of the current month unless agreed otherwise in writing.
    • Monthly fees payable in advance on the 1st / 15th of the month via debit order, unless agreed otherwise in writing.
    • All services are subject to an annual escalation on the renewal date which shall be 10% or in accordance with the South African Consumer Price Index as provided and amended by Statistics South Africa from time to time, whichever is higher.
    • Prices linked to the exchange rate are subject to change at any time without notice, specifically Microsoft Licenses.
    • Failing to pay any account within the specified terms may result in late penalties and Techtron reserves the right to recover said late penalties from the Client and further reserves the right impose interest on any outstanding and overdue payments at a rate of 5% above the prime lending rate of Techtron’s bank, from time to time.
    • Clients choosing to pay monthly recurring fees via EFT may incur an additional monthly admin fee.
    • The Client will not be entitled to withhold payment of any amount payable to Techtron in terms of this agreement to satisfy any claim of the Client arising from this or any other agreement between the Client and Techtron, nor will the Client be entitled to offset such amount against the amount payable to Techtron in terms of this or any other agreement.
  1. Confidentiality
    • Each party acknowledges that all material and information which has or will come into the possession of the other in connection with this agreement or the performance of the obligations hereunder consist of confidential proprietary information, which, if disclosed to third parties, will be damaging.
    • Both parties therefore agree to hold such material and information in the strictest confidence, not to make use thereof other than for the performance of the obligations under this agreement, to release it only to employees requiring such information and not to disclose it to any other party.
    • The parties agree that the provisions of this clause will survive the termination of this agreement.
  1. Devices as a Service (applies when quoted items marked with DaaS)
    • Techtron will supply and support the hardware & software indicated on the quote provided.
    • All DaaS items will be based on a twenty-four-month agreement from the commencement date of this agreement.
    • Techtron will remain the owner of the equipment at all times.
    • Techtron will deliver/collect laptops from the Client’s premises when required.
    • The equipment supplied will only be used for business purposes as agreed with the Client.
    • The Client will keep the equipment in good working order and shall return the equipment to Techtron at the termination of this agreement in the same good condition, fair wear and tear excepted.
    • The Client shall not remove any component from the equipment nor make any alteration to the equipment.
    • In the event of this agreement being cancelled for any reason, Techtron shall be entitled to remove the equipment and shall be permitted unrestricted access to the equipment for the purpose of such removal.
    • Where the equipment fails under a manufacturer’s warranty, the equipment will be repaired or replaced with same or similar unit by two business days.
    • All Minor Moves, Adds or Changes are included provided they are in line with the normal business use.
    • If the Client chooses to cancel the agreement prematurely, the Client will be liable to return the equipment and pay a penalty fee equal to the remaining amount owing in terms of the agreement.
  1. Liability
    • Techtron shall not be liable for any loss of information, data, income or damage of whatsoever nature or howsoever arising from the Client's use of the equipment, software and/or services provided by Techtron.
    • Techtron offers no warranty regarding theft, cyber-attack, or downtime.
    • Techtron shall only be liable in the event of gross negligence or wilful misconduct, such liability will be limited to a maximum of all fees paid by the Client to Techtron during the preceding 3 (three) month period, which must be relevant to the breach.
    • Any other liability on the part of Techtron arising from any cause whatsoever is specifically excluded.
  1. Insurance
    • At all times during the term of this agreement and for one year following, the Client will, at its own cost, have first-party cyber liability insurance with limits no less than R300 000.00 per occurrence and R300 000.00 in the aggregate.
    • The Client shall at its own cost insure and keep the equipment insured for the whole period of this agreement for the full replacement value against all risks on a comprehensive insurance policy.
  1. Dispute
    • In the event of any dispute arising out of this agreement in any respect whatsoever, the Client shall submit such claim to Techtron to be adjudicated on internally, within 90 days of such submission being delivered to Techtron, in writing.
    • Should the Client be unhappy with the determination made by Techtron for any reason, the client shall submit such dispute to arbitration within 7 days of receiving such adjudication in terms of 15.1, failing which, such dispute will be deemed to have been finally determined.
    • Should Techtron not provide an adjudication within 90 days of the receipt the written dispute, Techtron shall have been deemed to have not fulfilled their obligations in terms of 15.1 and the Client shall be entitled to approach an independent arbitrator for determination of the dispute.
  1. Breach
    • Techtron shall be entitled to cancel the agreement and immediately collect the equipment, pause or cancel any software / service in the event of:
      • The Client failing to make any payment on the due date;
      • The Client failing to comply with the terms of this agreement;
      • The Client being placed in provisional or final liquidation.

Version 3.4 Last Updated Sep 2024