BuildMySolution™

Last Updated: 19 April, 2024

In application of Siyaya’s terms and conditions to this proposal in quotation in the way of its BMS (Build My Solution) services suite (the “SERVICES”), the term “SIYAYA” denotes Siyaya Phambili Technology Solutions (Pty) Ltd, whilst the term “COMPANY” denotes you as the counterparty and client.

 

Accordingly, SIYAYA and the COMPANY hereby both bind themselves to the provisions of SIYAYA’S Master Services Agreement (“MSA”), the full terms and conditions of which appear and are available on SIYAYA’S website www.siyaya.co.za which the COMPANY hereby acknowledges and confirms have been read and understood and are legally binding, together with the further specific explanatory terms and conditions that follow herein below, collectively referred to as the AGREEMENT.

 

1 COMMENCEMENT DATE, DURATION & CANCELLATION

 

This AGREEMENT commences upon the earlier occurring of the date of signature hereof or provision of the SERVICES and shall continue month to month and indefinitely unless and until, and subject to the provisions of the MSA, validly cancelled or terminated, as the case may be, which cancellation shall be effected by the giving of one calendar month’s written notice thereof.

 

2 OPERATING TIMES

 

Normal Operating Hours are the hours during which SIYAYA typically provides its services, being Monday to Friday, 8 am to 5 pm, excluding public holidays whereas SIYAYA’S after-hours services are available on a quotation and acceptance basis, failing which SIYAYA will endeavour to assist on a best-effort basis and at the prescribed time and material after-hours rates.

 

3 DAY-TO-DAY TECHNICAL SUPPORT

 

3.1 SIYAYA’S normal day-to-day technical support services comprise of remote, telephonic, reactive and on-site support services that include attending to system operation failures, network operating system failures, network device and environment failures, lack of reasonable user IT capabilities, and an appropriate level of general IT issue complexity. SIYAYA’S BMS Technologies employed in rendering the SERVICES to the COMPANY may, at SIYAYA’S sole and unfettered election and discretion be updated, changed, removed or replaced as and when SIYAYA deems necessary. 

 

3.2 In providing the SERVICES to the COMPANY, SIYAYA seeks to reasonably maintain its service levels contracted to the COMPANY and whilst providing such SERVICES from time to time in good faith, SIYAYA cannot be held liable in relation to any damages and/or losses, whether same are direct or indirect, consequential or not in relation to which the COMPANY undertakes to hold SIYAYA harmless and to indemnify SIYAYA as against any such claims emanating from any third parties. In this regard, clause 14 of SIAYAYA’S MSA terms and conditions are specifically drawn attention to and acknowledged understood and binding.  

 

4 SERVICES PRICING AND BILLING

 

4.1 The SERVICES as quoted hereinabove in QUOTATION and SLA shall be priced and billed as set out in each instance in the way of the Fixed Pricing applying to the prescribed BMS SERVICES and the Ad Hoc Pricing indicated in addition thereto, together with the applicable, all of which exclude value added taxes (VAT) and any other mandatory taxation.

 

4.2 The pricing of the SERVICES shall be subject to an annual price escalation calculated from the commencement date every 12 (twelve) months, which escalation shall be levied at the sole and unfettered discretion of SIYAYA, which shall be no less than the prevailing consumer price index (CPI) but no more than 3 (three) percent above such prevailing CPI. However, in the event of a required escalation or increase of more than 3% (three) percent above the prevailing CPI, such an escalation shall be dealt with and only be implemented upon a written notification and acceptance basis.

 

4.3 The fixed SERVICE CHARGES are payable monthly in advance whilst any ad hoc SERVICE CHARGES are payable upon the presentation of an invoice by SIYAYA to the COMPANY which charges may vary owing to necessary and/or unforeseen circumstances outside SIYAYA’S control.

 

4.4 The COMPANY may not withhold any payment due to SIYAYA in the event of any dispute arising with a THIRD-PARTY PROVIDER.

 

4.5 SIYAYA may from time to time levy a SERVICE CHARGE as an ad hoc or project management fee in representing the COMPANY’S interests when engaging with or utilising THIRD-PARTY PROVIDERS.

 

4.6 SIYAYA shall levy a SERVICE CHARGE as an ad hoc fee in certain qualifying circumstances in the event that the BMS set-up and installation process necessary in providing the SERVICES to the COMPANY requires additional Time and/or Material, as SIYAYA’S complimentary and without charge set-up and installation process is premised upon full accessibility and prompt permissions pertaining to any and all of the COMPANY’S necessary infrastructure and/or utilised platforms. 

 

5 EXTENT OF SERVICES PROVIDED

 

SIYAYA shall only be obliged and bound to the provision of its SERVICES as defined within this document and within the MSA which specifically do not encompass or include any provision of any training and/or directions going to the application and/or use of any of the provided software or hardware and shall not be responsible in any way, shape or form whatsoever in such regard.