1. Acceptance of terms
Implement Retail (Pty) Ltd. permits the use of its website, services, and/or products subject to the Terms and Conditions. By using the website, services, and/or products in any way, you shall be deemed to have accepted all the terms and conditions unconditionally. You must not use the website, services, and/or products if you do not agree to the Terms and Conditions.
2. Use of the Implement.co.za website
You agree that you will not use any device, software, or other instrument to interfere with or attempt to interfere with the proper working of this website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute, or modify the website or the information contained herein without the prior written consent of an authorized representative of Implement (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
You may not use the website to distribute material that is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.
You may not display, publish, copy, print, post, or otherwise use the website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorized representative of Implement.
3. Ownership and copyright
The contents of this website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trademarks, and service marks, are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Implement.
4. Website Disclaimer
Any person who accesses or relies on this website or on the information contained in it does so at his or her own risk. While Implement takes reasonable measures to ensure that the contents of this Website are accurate and complete, Implement makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this Website or as to the accuracy, completeness, or reliability of any information on this Website.
5. Email Disclaimer
Implement accepts no liability for any damage caused by emails and attachments to emails. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message that arise as a result of e-mail transmission.
Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Implement.
6. Hardware Sales
All hardware must be paid in full before delivery, collection, or recitation of any hardware.
Any hardware items returned for credit must be in their original packaging and must be returned within three (3) days. All returns will incur a 20% handling fee. All credits will be at management’s discretion, and decisions will be final. All returns must be delivered to Implement’s premises. All hardware will remain the property of Implement until full payment has been received. It is the responsibility of the client to ensure that the hardware provided meets the recommended requirements for the software and/or application of the hardware.
7. Software Sales
All software must be paid in full before delivery, collection, or recitation of any software.
No returns are allowed for any software, and no credit for software will be granted. Implement Retail (Pty) Ltd. cannot be held liable for any defect in any software sold. Implement Retail (Pty) Ltd. holds the right to not register or activate any software product until full payment is received. The client holds responsibility for end-user agreements for software installed for the client by Implement Retail (Pty) Ltd.
8. Software Support
Were Implement Retail (Pty) Ltd provides software support to our clients it is considered a service that is provided by Implement Retail (Pty) Ltd. Software upgrades are services provided by Implement Retail (Pty) Ltd and not included in IQ Retail Service Update Agreement fees. All services provided by Implement Retail (Pty) Ltd are liable to incur costs to the client to witch te service is provided.
9. Telephonic and Remote Support Services
All telephonic and remote support agreements must be paid in full in advance on the last working day of the month for the following month. Nonpayment will lead to the suspension of benefits and services. Telephonic and Remote Support is a monthly pre-paid service. Services will be suspended if payment is not received. A payment will be deemed late if it is not received by the second (2) of the month, and cancellation of service will occur if it is not received by the seventh (7) of the month. Call-out, after-hours support, and on-site support fees are not included. Telephonic and remote support do not include IT support and are limited to IQ Retail Software support.
10. Standby and after-hours support
All standby telephonic and remote support agreements must be paid in full in advance on the last working day of the month for the following month. Nonpayment will lead to the suspension of benefits and services. Standby Telephonic and Remote Support is a monthly pre-paid service. Services will be suspended if payment is not received. A payment will be deemed late if it is not received by the second (2) of the month, and cancellation of service will occur if it is not received by the seventh (7) of the month. Call-out and on-site support fees are not included. After-hours support is subject to additional charges, depending on the nature of the issue. After-hours rates will come into effect after 17:30 on weekdays and on Saturdays, Sundays, and public holidays.
11. Other monthly services
All other monthly services are pre-paid and must be paid in full on or before the first of each month. Services will be suspended if payment is not received. A payment will be deemed late if it is not received by the second of the month, and cancellation of service will occur if it is not received by the seventh of the month.
12. 3rd Party Monthly Services
All third-party monthly services are pre-paid and must be paid in full on or before the first of each month. Services will be suspended if payment is not received. A payment will be deemed late if it is not received by the first (1) of the month; suspension of service will occur on the second (2) of the month; and cancellation of service will occur if payment is not received by the seventh (7) of the month. A re-connection and/or admin fee can be charged. Implement Retail may, at any time, change the third-party service provider(s). Cancellation of third-party services needs to be done in writing and will require one (1) full calendar month for cancellation unless specifically stipulated. Usage of 3rd Party Services also remain subject to the 3rd part Service providers terms and conditions.
13. 3rd Party Fiber and ADSL Data and/or Line Services
All third-party monthly services are pre-paid and must be paid in full on or before the first of each month. Services will be suspended if payment is not received. A payment will be deemed late if it is not received by the first (1) of the month; suspension of service will occur on the second (2) of the month; and cancellation of service will occur if payment is not received by the seventh (7) of the month. A re-connection and/or admin fee can be charged. Implement Retail may, at any time, change the third-party service provider(s). Cancellation of third-party services needs to be done in writing and will require two (2) full calendar months for cancellation unless specifically stipulated. Note that in some cases, cancellation of fiber lines may incur additional cancellation fees if canceled in less than twelve (12) months since installation. Usage of 3rd Party Fiber and ADSL data and/or lines also remains subject to the 3rd Party Service providers terms and conditions.
14. 3rd Party Hardware Services
If a client makes use of a 3rd party to sell, install, or maintain their hardware, the client is responsible for providing the service provider with the minimum hardware specifications and standard setup and configuration policies to run their IQ Retail software and/or any other applications. Implement Retail (Pty) Ltd. cannot be held responsible for any defects or losses due to the incorrect hardware specifications, setup, and/or configuration supplied by third-party hardware service providers.
15. Cancellations
Cancellation of all monthly services, including third-party services, must be done via email to info@implement.co.za. The notice must be received before the 20th of the month. Third-party cancellations have a one-month notice period.
Implementation, training, business consulting, on-site support, and call-outs cannot be refunded or exchanged.
16. Client data
Implement cannot be held responsible for any loss of customers’ personal data. While Implement takes data protection very seriously, the ultimate responsibility remains with the customer to secure their important and critical data. It also remains the client’s responsibility to ensure that adequate backups are kept and tested.
If the client makes use of Implement’s online backup services, the ultimate responsibility remains with the customer for the selection, exclusion, monitoring, and testing of the backups. Recovery of any data from any backup device will be charged separately. It is the client’s responsibility to ensure that their backup plan is in place, active, renewed, and up-to-date. All changes to the client’s data, layouts, and setup must be requested via email for tractability. If a client fails to pay for backup services in line with the Third Party Monthly Services stated in Section 11, data stored in backups will not be made available until full payment is received. If no payment is received after fourteen (14) days, all data will be removed and deleted. If a client chooses to cancel this service, it will be their responsibility to request a copy of their backup data if they require it as part of the cancellation notification.
17. E-Commerce Development and Integration
Implement takes no responsibility for any losses incurred by the use of any software created. While every effort has been made to ensure any scripts or programs are free of errors and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications, automation, integration, software, or sites (unless specifically agreed) developed by or for Implement remain the copyright of Implement and may only be reproduced or resold with the written permission of Implement.
Implement cannot take responsibility for any copyright infringements caused by materials submitted or uploaded by the client.
The client is expected to test any application or programming relating to a site developed by Implement fully before the site is activated and live. Where errors or other issues are found after the site is live, Implement will endeavor (but is not obliged) to correct these issues to meet the standards of function outlined in the original agreement.
18. Custom Report Writing
All custom reports created for clients are licensed only for single server use and may not be copied, shared, soled, or altered without Implement Retail’s written consent. All reports supplied will be encrypted to protect the integrity of the report. The client is paying for the use of the report, and the report code remains the property of Implement Retail.
Although care is taken in the development of all custom reports to ensure as accurate as possible information, no guarantee of any nature is provided on the information or the report. Information must be checked and verified before use by the client.
19. Privacy
Implement will not share or sell any of your details with third-party companies without your express permission. Access to your data will be limited to the employees or subcontractors of Implement and will not be used or copied in any way that was not requested or agreed upon by the client.
20. Definition of Implement
When referring to implementation, it is accepted that it includes the owners, directors, consultants, and employees.
21. Changes to these Terms and Conditions
Implement reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the website regularly. Any such change will only apply to your use of Implement’s website, services, and/or products after the change is displayed on this website. If you use Implement’s website, services, and/or products after such updated or amended Terms and Conditions have been displayed on this website, you will be deemed to have accepted such updates and/or amendments.
Last Updated: 15/01/2018