TERMS AND CONDITIONS OF SERVICE

1. Acceptance of Terms

By utilising services from SDX Africa (Pty) Ltd (from now on referred to as "SDX"), the Client agrees to these Terms and Conditions, which incorporate by reference the accompanying Service Level Agreement (SLA) between the SDX and the Client. Any conflict between these Terms and the SLA will be resolved in favour of the SLA.

2. Payment Terms

Invoices are payable within 21 working days from the date of issuance unless otherwise specified in the SLA. Late payments may, at the discretion of SDX, incur a late payment interest charge of 10% of the outstanding amount. This charge is contingent upon the absence of clear communication from the Client regarding the reasons for the delay in payment. SDX reserves the right to suspend services without prior notice in the event of late payment.

3. Debt Recovery

Payments over 60 days past the due date may result in debt recovery actions. The Client will bear all legal expenses incurred in collecting overdue amounts.

4. Services Rendered

SDX shall provide 1st Line Support for business applications explicitly listed on the invoice at a rate of R750.00 per hour. This support fee is a non-accumulative charge to maintain the availability of the service desk and is not carried over if unused within the billing period. The fee for 1st Line Support may be offset against other, more detailed support services as detailed in the Service Level Agreement (SLA). In the absence of a signed SLA, the fee is solely for the provision of 1st Line Support for the applications specified on the invoice. Provision of this service is contingent upon the Client's account being current and fully paid in accordance with Point 2 - Payment Terms. Support services will not be supplied to clients with outstanding invoices.

5. Service Level Commitments

SDX is committed to meeting the service levels as detailed in the Service Level Agreement (SLA). This commitment includes acknowledging service calls, adherence to problem-resolution protocols, and provision of available support services as stipulated.

Notwithstanding the foregoing, SDX reserves the right to refuse first-line support for business applications to clients whose payments are not fully up to date. In the event of any payment delinquency, SDX may, at its sole discretion, suspend support services until such time as the outstanding payments are fully resolved. Clients are encouraged to maintain their accounts in good standing to ensure uninterrupted support services.

6. Fees and Charges

The Client will be charged a fixed monthly fee as outlined in the Service Level Agreement (SLA) for access to specific support services and a set number of Standard Consulting Hours for additional services. SDX will maintain a timesheet to track the support delivered. Should the hours recorded on the timesheet exceed the Standard Consulting Hours included in the fixed monthly fee, the additional hours will be billed at the rates specified in the SLA. In every instance, the greater of the accumulated hours or the fixed fee will be billed to the Client’s invoice for the subsequent month. Variable fees will also apply for services exceeding the included hours and for travel, as detailed in the SLA. All fees are exclusive of VAT, which will be added where applicable.

7. Reporting and Monitoring

The Client will have access to the Company's web-based call-logging solution for monitoring progress and generating reports on support activities.

8. Duration and Renewal

This agreement is valid for the period specified in the SLA, with provisions for extension or termination upon mutual agreement and an escalation percentage to be determined at annual renewal.

9. Governing Law

All contractual relations will be governed exclusively by South African Law. Any claims against the Company must be notified within eight days of service delivery by recorded delivery to the Company's registered office.