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 Implement.co.za Website
You agree that you will not use any device, software or other instrument to interfere 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 from an authorised 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 which 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 authorised representative of Implement.
3. Ownership and copyright
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, 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 this Website or relies on this Website or on the information contained in this Website 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, which 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 recite of any hardware.
Any hardware items returned for credit must be in its original packaging and must be returned within three (3) days. All returns will incur an 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 insure 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 recite of any software.
No returns are allowed for any software and no credit for software will be granted. Implement Retail (Pty) Ltd can not be held leiblad for any defect of 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 of software installed for the client by Implement Retail (Pty) Ltd.
8. Telephonic and Remote Support Services
All Telephonic and Remote Support Agreements must be paid in advance in full on the last working day of the month for the following month. Non payment will lead to the suspension of benefits and services. Telephonic and Remote Support is a monthly pre-paid services. Services will be suspended if payment is not received. A payment will be deemed late if payment is not received by the second (2) of the month and cancellation of service will occur if payment is not received by the seventh (7) of the month. Call out, after hour support and on site support fees are not included. Telephonic and Remote Support dos not include IT support and is limited to IQ Retail Software support.
9. Standby and after hour Support
All Standby Telephonic and Remote Support Agreements must be paid in advance in full on the last working day of the month for the following month. Non payment will lead to the suspension of benefits and services. Standby Telephonic and Remote Support is a monthly pre-paid services. Services will be suspended if payment is not received. A payment will be deemed late if payment is not received by the second (2) of the month and cancellation of service will occur if payment is not received by the seventh (7) of the month. Call out and on site support fees are not included. After hour support is subject to additional charges depended on the nature of the issue. After hour rates will come in to effect after 17:30 during week days and on Saturdays, Sundays and Public holidays.
10. Other Monthly Services
All other monthly services is pre-paid services 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 payment is not received by the second of the month and cancellation of service will occur if payment is not received by the seventh of the month.
11. 3rd Party Monthly Services
All Third Party monthly services is pre-paid services 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 payment 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. Re-connection and/or admin fee can be charged. Implement Retail may at any time change the Third Party service provider/s.
12. 3rd Party Hardware Services
If a client makes use of a 3rd party to sell, install or maintain there hardware the client is responsible to provide the service provider with the minimum hardware specifications and standard setup and configuration policies to run there IQ Retail software and/or any other applications. Implement Retail (Pty) Ltd can not be held responsible for any defects or loss due to the incorrect hardware specifications, setup and/or configuration supplied by 3rd party hardware service providers.
Cancellation of all monthly services including Third Party Services must be done via email to firstname.lastname@example.org. The notice must be received before the 20th of the month. Third Party cancellations has a one calendar month notice period.
Implementation, training, business consulting, on site support and call outs can not be refunded or exchanged.
14. Clients data
Implement cannot be held responsible for any loss of customer’s personal data. While Implement takes data protection very seriously, ultimate responsibility remains with the customer to secure their important and critical data. It also remains the clients responsibility to insure that adequate backups are kept and tested.
If the client makes use of Implement’s online back up 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 clients responsibility to insure that there back up plan is in place active, renewed and up to date. All changes to 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 delete. If a client wises to cancel this service it will be the responsibility of the client to request a copy of there backed up data if they require it as part of the cancellation notification.
15. E-Commerce Development and integration
Implement takes no responsibility for any losses incurred by the use of any software created. Whilst every effort has been taken 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 remains 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 endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the original agreement.
16. Custom Report Writing
All custom reports created for Client is licences only for single server use and may not be copied, shared, soled or altered with out Implement Retails written consent. All reports supplied will be encrypted as 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 insure 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.
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 by the client.
18. Definition of Implement
When referring to Implement it is accepted that it includes the owners, directors, consultants and employees.
19. 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 15/12/2017