Annual License Fee Registration Form

Annual License Fee Registration Form
Date:
Linked to a Reseller?
Sage Pastel Sales Consultant:
Reseller Company Name:
Yes:
No:
Customer Information
Registered Company Name:
Contact Person:
Telephone Number:
Fax Number:
Mobile Address:
E-Mail Address:
Sage Pastel Base Serial Number:
Postal Address:
Physical Address:
Code:
Code:
Product Information
Module:
 Debtors Manager
 Bank Manager
 Point of Sale
 Project Tracker
 Multi-Currency
 Bill of Materials
 SDK
Initial Purchase Price:
Current Renewal Price:
 GL Manager
(Resellers only)
 Site Licence
Special Terms & Conditions
The above information is true to the best of my knowledge. I understand that the purchase of this/these product(s) is subject to the
annual renewal of Sage Pastel Business Care Licence. Should I cancel my Sage Pastel Business Care Licence contract, I
understand that I will no longer have access to the product(s).
Client Signature:
Date:
Terms & Conditions
1. DEFINITIONS
“the company”
means Sage Pastel a division of Sage South (Pty)
Ltd:
“the/this agreement”
means the agreement set out in this document
together with any appendices hereto;
“the territory”
means South Africa, Lesotho and Swaziland:
“initial registration”
means the initial supply and registration of the
product and documentation:
“annual renewal fee”
means the annual charge to Business Care
Licence the continued use of the products and
documentation, software will require annual
activation keys;
“documentation”
means the Customer manual and any other
related paperwork supplied by the Company or its
authorised dealer;
“subscription”
means the agreement set out in the
documentation representing the payment plan and
the upgrade package respective of requirement:
“Sage Pastel Support Plan” means the agreement set out in the
documentation representing the “Sage Pastel
Support Plan” dependent upon the choice of offer
by the Customer;
“working hours”
means the hours of 07h30 to 17h30 on a Monday
to Thursday, 07h30 to 17h00 on a Friday and
09h00 to 12h00 on a Saturday in South Africa,
excluding official public holidays;
This agreement shall be construed and interpreted in accordance with the
laws of South Africa and phrases and words defined here shall apply in the
remainder of this agreement.
2. LICENCE
The Customer is hereby granted for the term of this agreement a nonexclusive, nontransferable license to use the products and documentation
within the territory only on the machine or other compatible CPU (subject to
the companies reasonable written approval) at the address or location listed
on the License Service Agreement.
3. FEES AND PAYMENT
The Customer shall pay to the Company as an annual license fee prior to
commencement of the Service Level Agreement. The annual subscription
shall be paid in full.
3.1 Annual renewal entitles the Customer to free upgrade (or upgrades) to
the latest version specific to Customer’s existing product set.
Failure to pay any amount on the due date, shall entitle the Company,
without prejudice to any other remedies, to charge interest on a daily basis
at 2.5% (two comma five percent) per month from the due date of payment
to the actual date of payment.
4. TERM
4.1 This agreement shall commence on the effective date and shall continue
until the renewal of your annual Business Care Licence. If no notice of
termination is given at least 90 days prior to the renewal, this agreement
shall automatically be renewed for a further period of 12 months and
provisions above shall, mutatis mutandis, apply in respect of such
12(twelve) month period. The Company may terminate this agreement
summarily including access to support and software if:4.1.1 The Customer breaches any terms of this agreement and fails to
remedy same within 10(ten) days of receipt of written notification;
4.1.2 The Customer fails to pay any amount due in terms of this agreement
of the due date;
4.1.3 The Customer commits an act of insolvency as defined in the
Insolvency Act;
4.2 Upon termination of this agreement the Customer shall immediately
cease using the product and shall return same together with all copies and
documentation in respect thereof to the Company within 7 (seven) days of
date of termination.
5. COMPANY OBLIGATIONS
5.1 The Company shall use reasonable endeavours to support the product
during the term of this agreement by providing telephonic and e-mail support
during working hours.
5.2 the Company shall only be responsible to provide support for the
product on the current versions of the product and the most recent version
of the product in existence prior to the current version of the product;
5.3 the Company, at its sole discretion, reserves the right to issue new
versions of the product and documentation;
5.4 the Company Shall endeavour to provide corrections, updates and
releases to the product at such times as it in its sole discretion shall
determine. The Customer shall be responsible for the installation of
corrections, updates and releases to the product and for ensuring that its’
staff have the capability of carrying out such installations. Should the
Customer fail to install such systems correctly or at all in accordance with
the Company’s instructions, the Company or Sage Pastel Approved Partner
shall have the right to charge for services rendered in this regard.
Corrections, updates and releases to the product arising as a result of a
change in database used by the product are specifically excluded from this
agreement.
5.5 If the Company cannot effect any correction telephonically, the
Company, or Sage Pastel Approved Partner, upon receipt of written
authorisation from the Customer, may in its sole discretion, effect the
correction onsite, in which event such attendance together with travelling
time and expenses shall be charged to the Customer by the Company or a
Sage Pastel Approved Partner.
5.6 The Company shall not be responsible for and shall not be obliged to
correct errors which result:
5.6.1 from failure of equipment or other software, including, but not limited to
machine operating software, third party applications not developed by the
Company and which are not covered by this agreement including faults in
electrical supply and operator error from whatever cause or caused by cable
or connector malfunction or breaks;
5.6.2 from environmental conditions including, but not limited to, conditions
associated with humidity and air-conditioning;
5.6.3 from accident, negligence, misuse or default by the Customer or any
third party or due to a force majeure;
5.6.4 from failure of fixed or removal storage media;
5.6.6 from any version of the products other than the current version of the
product;
5.7 Any time spent by the Company investigating an error caused by any of
the above shall be charged for by the Company as an additional cost at the
Company’s then current rates of service and travelling on a time and
material basis.
6. INTELLECTUAL PROPERTY
The Company retains the right, title, or interest in ownership of the copyright
and all other intellectual property rights in the product and the
documentation. The Customer acknowledges that nothing contained in this
agreement shall give the Customer any right, title, or interest in the
intellectual property.
7. LIABILITY
The Company makes no warranties and representations whether express or
implied in respect of the products, the disks or the documentation attached
to the product and in no event will the Company be liable for direct, indirect,
special, incidental or consequential damages arising out of the use or
inability to use the products or documentation even if advised of the
possibility of such damage. In Addition, the Company specifically does not
warrant or guarantee or make any representations concerning the use of or
the result of the use of the product and the product is purchased at the sole
risk of the purchaser. Any claim which the Customer may have arising out of
the warranty provided by the Company to the Customer referred to
aforesaid shall be limited to the Company either replacing or repairing the
product at the sole discretion of the Company.
9.2.1 is delivered by hand during the normal business hours of the
addressee at the addressee’s domicilium for the time being shall be
presumed, unless the contrary is proved by the addressee, to have been
received by the addressee at the time of delivery, provided that the delivery
is effected by or on behalf of the Customer at the Company’s domicilium,
the presumption shall only apply as regards to the Company if proof of
receipt is obtained by the party effecting such delivery and duly produced as
may be required to prove such delivery and duly produced as may be
required to prove such delivery;
9.2.2 is posted by pre-paid registered post from an address within the
Republic of South Africa to the addressee at the addressee’s domicilium for
the time being shall be presumed, unless the contrary is proved by the
addressee, to have been received by the addressee on the seventh day
after the date of posting.
10. GENERAL
10.1 This agreement constitutes the whole agreement between the parties.
No variation, additional or cancellation of this agreement or any waiver of
any rights shall be of any force unless reduced to writing and signed by the
parties.
10.2 No indulgence, leniency or extension of time which the Company may
show to the Customer shall in any way prejudice the Company or preclude
the Company from exercising its rights in the future.
10.3 This agreement and all matters or disputes arising there from or
incidental thereto shall be governed and construed in accordance with the
laws of the Republic of South Africa.
10.4 The Company’s preferred medium of correspondence and
communication with the customer will be by means of email. The Customer
is responsible for supplying the Company with a valid email address and
notifying the Company of any changes in this email address when
applicable.
7.1 GOTO ASSIST
11. JURISDICTION
It is the responsibility of the customer to close any documents or
applications containing confidential information during a GoTo Assist
consultation. Should the company or its staff be exposed to confidential
information, the company will not be held liable.
8. THE CUSTOMER’S OBLIGATIONS
The Customer undertakes 8.1 to keep master copies of the products and documentation in a safe
place at its principle place of business
8.2 to assign a contact person to deal with all correspondence and
communication with the Company in respect of this agreement
8.3 to select only suitably trained staff for operation of the product;
8.4 to institute any new releases or error fixes and version of products in line
with the Company’s recommendations and to keep machine operating
software up to date and to pay all costs associated therewith;
8.5 not to reverse engineer, dissemble, or translate, decode or modify the
product;
8.6 not to loan, rent, assign, sub-lease or in any other manner or form
transfer the product to any unauthorized third party:
8.7 to comply with the registration requirements, including the initial
registration of the product which requirements the Company will determine
from time to time and in its absolute and sole discretion;
8.8 to notify the Company of any changes to the bank account details listed
in the Debit Order Details contained in this agreement;
8.9 to pay to the Company an administration fee of R250 (two hundred and
fifty Rand) for each and every instance that a debit order payment is
rejected by the Customers bankers;
8.10 to ensure that the Product is suitable for the purpose intended;
8.11 to keep a minimum of 1 (one) separate backup of current data of a
standard and frequency to allow the Customer to recover information
without any undue loss of staff time;
8.12 to notify the Company of any alleged defect within a period not
exceeding 5 (five) days from the date the alleged defect becomes apparent;
8.13 to use their username and pin-number for their own business use only;
8.14 not to disclose their username and pin-number to any other person for
any reason whatsoever and will maintain the confidentiality thereof.
9. NOTICES
9.1 The parties choose as their domicilium citandi et executandi the address
set out on the front page of this agreement for the purpose of serving any
documents or legal process in regard hereto.
9.2 Any notice given and any payment made by a party to the other (“the
addressee”) which:
11.1 The Customer, by its signature hereto and in terms of the provisions of
Section 45 of the Magistrate’s court Act No 32 of 1944, as amended,
consents to the jurisdiction of the Magistrate’s court in relation to any action
or proceeding instituted against the Customer in terms of, or arising out of
provisions of this agreement, provided that the Company, in its sole and
absolute discretion, shall be entitled to institute any such actions or
proceedings, in any division of the High Court of South Africa possessed of
the requisite jurisdiction.
11.2 In the event of the Company instituting legal proceedings against the
Customer to recover amounts due to the Company or take any other legal
steps arising out of this agreement, the Customer shall be liable for legal
costs on the scale as between attorney and own client and/or any collection
costs.
Initial here______________________